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diff --git a/moore_ok_municipal_code.md b/moore_ok_municipal_code.md deleted file mode 100644 index 8abf0bd..0000000 --- a/moore_ok_municipal_code.md +++ /dev/null @@ -1,55449 +0,0 @@ -::: {#contents style="background-color:white;padding-left:0in;padding-right:0in;max-width:99%"} -<div> - -::: phx-name -[PREFACE](https://moore.municipalcodeonline.com/book?type=ordinances#name=PREFACE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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 "MCC" 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 -(**example: 1-101.01**). 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. - -- The first number in the sequence designates the **PART** level -- The second series of numbers (**1**-101) designates the **CHAPTER** - level -- The third series of numbers (1-**101**) designates the **Section** - level -- If a fourth series exists comprising letters or numbers beyond the - section level, it designates a **Subsection** level. - -To outline, give structure, and more granularly reference the -legislation herein, the following list order (or pattern of ascending -alphanumeric characters) is used: **(a), (1), a, 1, i**. 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's content identifies the -specific legal sources, and may be provided to substantiate the online -code. - -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.\ - -<div> - -::: {.phx-name .phx-break} -[CHARTER](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHARTER){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[PREAMBLE](https://moore.municipalcodeonline.com/book?type=ordinances#name=PREAMBLE){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE I INCORPORATION, FORM OF GOVERNMENT, -POWERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_I_INCORPORATION,_FORM_OF_GOVERNMENT,_POWERS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE II THE -COUNCIL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_II_THE_COUNCIL){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE III CITY MANAGER AND ADMINISTRATIVE -DEPARTMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_III_CITY_MANAGER_AND_ADMINISTRATIVE_DEPARTMENTS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE IV DEPARTMENT OF FINANCE, FISCAL -AFFAIRS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IV_DEPARTMENT_OF_FINANCE,_FISCAL_AFFAIRS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE V MUNICIPAL -COURT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_V_MUNICIPAL_COURT){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE VI -ELECTIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VI_ELECTIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE VII -RECALL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VII_RECALL){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE VIII OFFICERS AND EMPLOYEES -GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VIII_OFFICERS_AND_EMPLOYEES_GENERALLY){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE IX GENERAL AND MISCELLANEOUS -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IX_GENERAL_AND_MISCELLANEOUS_PROVISIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE X AMENDMENT AND SEPARABILITY OF -CHARTER](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_X_AMENDMENT_AND_SEPARABILITY_OF_CHARTER){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE XI SUCCESSION IN -GOVERNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_XI_SUCCESSION_IN_GOVERNMENT){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[PREAMBLE](https://moore.municipalcodeonline.com/book?type=ordinances#name=PREAMBLE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[ARTICLE I INCORPORATION, FORM OF GOVERNMENT, -POWERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_I_INCORPORATION,_FORM_OF_GOVERNMENT,_POWERS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Section 1-1 Incorporation, Annexation, -Merging](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-1_Incorporation,_Annexation,_Merging){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 1-2 Form Of -Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-2_Form_Of_Government){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 1-3 Powers Of The -City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-3_Powers_Of_The_City){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Section 1-1 Incorporation, Annexation, -Merging](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-1_Incorporation,_Annexation,_Merging){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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 \"City of Moore.\" 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. - -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. - -<div> - -::: phx-name -[Section 1-2 Form Of -Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-2_Form_Of_Government){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The municipal government provided by this charter shall be known as a -\"council-manager government.\" 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.\ - -<div> - -::: phx-name -[Section 1-3 Powers Of The -City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-3_Powers_Of_The_City){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -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. - -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. - -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. - -<div> - -::: phx-name -[ARTICLE II THE -COUNCIL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_II_THE_COUNCIL){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Section 2-1 Councilmen: Number, -Qualification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-1_Councilmen:_Number,_Qualification){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-2 Mayor And Vice -Mayor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-2_Mayor_And_Vice_Mayor){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-3 Councilmen: -Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-3_Councilmen:_Compensation){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-4 Council -Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-4_Council_Powers){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-5 Council Not To Interfere In Appointments And -Removals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-5_Council_Not_To_Interfere_In_Appointments_And_Removals){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-6 City Clerk To Be Clerical Officer Of -Council](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-6_City_Clerk_To_Be_Clerical_Officer_Of_Council){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-7 Council: -Meetings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-7_Council:_Meetings){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-8 Councilmen: Absences To Terminate -Membership](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-8_Councilmen:_Absences_To_Terminate_Membership){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-9 Councilmen: -Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-9_Councilmen:_Removal){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-10 Council -Vacancies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-10_Council_Vacancies){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-11 Council: Quorum, Rules, Yeas And -Nays](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-11_Council:_Quorum,_Rules,_Yeas_And_Nays){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-12 Ordinances: Enacting -Clause](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-12_Ordinances:_Enacting_Clause){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-13 Ordinances: Passage, When In -Effect](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-13_Ordinances:_Passage,_When_In_Effect){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-14 Ordinances: -Emergency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-14_Ordinances:_Emergency){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-15 Ordinances: Adoption By -Reference](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-15_Ordinances:_Adoption_By_Reference){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 2-16 Ordinances: -Codification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-16_Ordinances:_Codification){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Section 2-1 Councilmen: Number, -Qualification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-1_Councilmen:_Number,_Qualification){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Res. No. 195 (87), 1-5-1987) - -<div> - -::: phx-name -[Section 2-2 Mayor And Vice -Mayor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-2_Mayor_And_Vice_Mayor){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -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. - -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. - -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. - -<div> - -::: phx-name -[Section 2-3 Councilmen: -Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-3_Councilmen:_Compensation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Res. No. 116(81), § 1, 2-2-1981; Res. No. 432(99), 1-7-1999) - -<div> - -::: phx-name -[Section 2-4 Council -Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-4_Council_Powers){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. To appoint and remove the city manager; -2. By ordinance to enact municipal legislation; -3. 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; -4. To inquire into the conduct of any office, department, or agency of - the city government, and investigate municipal affairs; -5. 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; -6. To grant pardons for violations of the charter and ordinances, - including the remission of fines and costs; -7. To regulate elections, the initiative and referendum, and recall; -8. To regulate the organization, powers, duties, and functions of the - municipal court and of the minor violations bureau when and if - established; -9. 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. - -<div> - -::: phx-name -[Section 2-5 Council Not To Interfere In Appointments And -Removals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-5_Council_Not_To_Interfere_In_Appointments_And_Removals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 2-6 City Clerk To Be Clerical Officer Of -Council](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-6_City_Clerk_To_Be_Clerical_Officer_Of_Council){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 2-7 Council: -Meetings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-7_Council:_Meetings){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Res. No. 116(81), § 1, 2-2-1981) - -<div> - -::: phx-name -[Section 2-8 Councilmen: Absences To Terminate -Membership](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-8_Councilmen:_Absences_To_Terminate_Membership){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 2-9 Councilmen: -Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-9_Councilmen:_Removal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 2-10 Council -Vacancies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-10_Council_Vacancies){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 2-11 Council: Quorum, Rules, Yeas And -Nays](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-11_Council:_Quorum,_Rules,_Yeas_And_Nays){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 2-12 Ordinances: Enacting -Clause](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-12_Ordinances:_Enacting_Clause){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The enacting clause of all ordinances passed by the council shall be, -\"Be it ordained by the Council of the City of Moore, Oklahoma,\" and of -all ordinances proposed by the voters under their power of initiative, -\"Be it ordained by the People of the City of Moore, Oklahoma.\"\ - -<div> - -::: phx-name -[Section 2-13 Ordinances: Passage, When In -Effect](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-13_Ordinances:_Passage,_When_In_Effect){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 2-14 Ordinances: -Emergency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-14_Ordinances:_Emergency){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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, \"and declaring an -emergency\" 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.\ - -<div> - -::: phx-name -[Section 2-15 Ordinances: Adoption By -Reference](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-15_Ordinances:_Adoption_By_Reference){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 2-16 Ordinances: -Codification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-16_Ordinances:_Codification){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[ARTICLE III CITY MANAGER AND ADMINISTRATIVE -DEPARTMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_III_CITY_MANAGER_AND_ADMINISTRATIVE_DEPARTMENTS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Section 3-1 City Manager: Appointment, Term, Qualifications, -Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-1_City_Manager:_Appointment,_Term,_Qualifications,_Removal){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 3-2 Absence Or Disability Of City -Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-2_Absence_Or_Disability_Of_City_Manager){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 3-3 City Manager: Powers And -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-3_City_Manager:_Powers_And_Duties){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 3-4 Administrative Departments, Offices, And -Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-4_Administrative_Departments,_Offices,_And_Agencies){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Section 3-1 City Manager: Appointment, Term, Qualifications, -Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-1_City_Manager:_Appointment,_Term,_Qualifications,_Removal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 3-2 Absence Or Disability Of City -Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-2_Absence_Or_Disability_Of_City_Manager){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 3-3 City Manager: Powers And -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-3_City_Manager:_Powers_And_Duties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. 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; -2. Supervise and control directly or indirectly, all administrative - departments, agencies, officers, and employees; -3. 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; -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; -5. 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; -6. 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. - -<div> - -::: phx-name -[Section 3-4 Administrative Departments, Offices, And -Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-4_Administrative_Departments,_Offices,_And_Agencies){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[ARTICLE IV DEPARTMENT OF FINANCE, FISCAL -AFFAIRS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IV_DEPARTMENT_OF_FINANCE,_FISCAL_AFFAIRS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Section 4-1 City Clerk: Office Created, -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-1_City_Clerk:_Office_Created,_Duties){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 4-2 City Treasurer: Office Created, -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-2_City_Treasurer:_Office_Created,_Duties){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 4-3 Purchases And -Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-3_Purchases_And_Sales){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 4-4 Sale Of Property Valued At More Than -\$25,000](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-4_Sale_Of_Property_Valued_At_More_Than_$25,000){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 4-5 Public -Improvements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-5_Public_Improvements){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 4-6 Fiscal -Year](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-6_Fiscal_Year){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 4-7 Independent Annual -Audit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-7_Independent_Annual_Audit){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Section 4-1 City Clerk: Office Created, -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-1_City_Clerk:_Office_Created,_Duties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 4-2 City Treasurer: Office Created, -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-2_City_Treasurer:_Office_Created,_Duties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 4-3 Purchases And -Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-3_Purchases_And_Sales){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -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. - -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. - -<div> - -::: phx-name -[Section 4-4 Sale Of Property Valued At More Than -\$25,000](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-4_Sale_Of_Property_Valued_At_More_Than_$25,000){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: \"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.\" The sale of an entire public utility may be authorized -only as provided in (1) hereinabove.\ - -<div> - -::: phx-name -[Section 4-5 Public -Improvements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-5_Public_Improvements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 4-6 Fiscal -Year](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-6_Fiscal_Year){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 4-7 Independent Annual -Audit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-7_Independent_Annual_Audit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[ARTICLE V MUNICIPAL -COURT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_V_MUNICIPAL_COURT){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Section 5-1 Municipal -Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_5-1_Municipal_Court){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Section 5-1 Municipal -Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_5-1_Municipal_Court){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[ARTICLE VI -ELECTIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VI_ELECTIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Section 6-1 Overlapping Terms Of Four Years; Nominated And Elected At -Large; Nonpartisan -Elections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-1_Overlapping_Terms_Of_Four_Years;_Nominated_And_Elected_At_Large;_Nonpartisan_Elections){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 6-2 Primary Election: -Filing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-2_Primary_Election:_Filing){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 6-3 Primary Election: Time, -Etc](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-3_Primary_Election:_Time,_Etc){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 6-4 Primary Election: Who Nominated Or -Elected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-4_Primary_Election:_Who_Nominated_Or_Elected){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 6-5 General Election: Time, Who -Elected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-5_General_Election:_Time,_Who_Elected){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 6-6 Primary And General Elections: When Not -Held](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-6_Primary_And_General_Elections:_When_Not_Held){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 6-7 Registered Qualified -Electors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-7_Registered_Qualified_Electors){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 6-8 Political Activity Of Officers And -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-8_Political_Activity_Of_Officers_And_Employees){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 6-9 State Constitution And Law To -Govern](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-9_State_Constitution_And_Law_To_Govern){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 6-10 Authorizing Absentee -Voting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-10_Authorizing_Absentee_Voting){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Section 6-1 Overlapping Terms Of Four Years; Nominated And Elected At -Large; Nonpartisan -Elections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-1_Overlapping_Terms_Of_Four_Years;_Nominated_And_Elected_At_Large;_Nonpartisan_Elections){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -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. - -Both the primary and the general election shall be nonpartisan; and no -party designation or emblem shall be placed on the ballots. - -Nothing in this charter shall prohibit the use of voting machines. - -(Res. No. 432(99), 1-7-1999) - -::: phx-docs -HISTORY\ -*Amended by Res. -[589(05)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/18/2005\ -* -::: - -<div> - -::: phx-name -[Section 6-2 Primary Election: -Filing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-2_Primary_Election:_Filing){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Res. No. 142(83), § 1, 1-17-1983) - -<div> - -::: phx-name -[Section 6-3 Primary Election: Time, -Etc](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-3_Primary_Election:_Time,_Etc){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Res. -[589(05)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/18/2005\ -* -::: - -<div> - -::: phx-name -[Section 6-4 Primary Election: Who Nominated Or -Elected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-4_Primary_Election:_Who_Nominated_Or_Elected){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 6-5 General Election: Time, Who -Elected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-5_General_Election:_Time,_Who_Elected){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Res. No. 432(99), 1-7-1999) - -::: phx-docs -HISTORY\ -*Amended by Res. -[589(05)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/18/2005\ -* -::: - -<div> - -::: phx-name -[Section 6-6 Primary And General Elections: When Not -Held](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-6_Primary_And_General_Elections:_When_Not_Held){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -If there are no candidates and no questions to be voted upon at a -primary or general election, the election shall not be held.\ - -<div> - -::: phx-name -[Section 6-7 Registered Qualified -Electors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-7_Registered_Qualified_Electors){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 6-8 Political Activity Of Officers And -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-8_Political_Activity_Of_Officers_And_Employees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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.\ - -<div> - -::: phx-name -[Section 6-9 State Constitution And Law To -Govern](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-9_State_Constitution_And_Law_To_Govern){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -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. - -<div> - -::: phx-name -[Section 6-10 Authorizing Absentee -Voting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-10_Authorizing_Absentee_Voting){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Res. No. 116(81), § 1, 2-2-1981) - -<div> - -::: phx-name -[ARTICLE VII -RECALL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VII_RECALL){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Section 7-1 Recall -Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-1_Recall_Authorized){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 7-2 Recall -Petition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-2_Recall_Petition){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 7-3 Recall Election: Council To -Order](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-3_Recall_Election:_Council_To_Order){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 7-4 Recall Election: How -Held](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-4_Recall_Election:_How_Held){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 7-5 Person Recalled Or -Resigning](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-5_Person_Recalled_Or_Resigning){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Section 7-1 Recall -Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-1_Recall_Authorized){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Res. No. 131(82), § 1, 2-12-1982) - -<div> - -::: phx-name -[Section 7-2 Recall -Petition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-2_Recall_Petition){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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 - \"STATEMENT FOR RECALL,\" and if the officer has filed a statement - as authorized, the statement justifying his conduct in office under - the heading \"STATEMENT AGAINST RECALL.\" 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. -3. 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. -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\'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. - -<div> - -::: phx-name -[Section 7-3 Recall Election: Council To -Order](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-3_Recall_Election:_Council_To_Order){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -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. - -<div> - -::: phx-name -[Section 7-4 Recall Election: How -Held](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-4_Recall_Election:_How_Held){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -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. - -<div> - -::: phx-name -[Section 7-5 Person Recalled Or -Resigning](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-5_Person_Recalled_Or_Resigning){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -<div> - -::: phx-name -[ARTICLE VIII OFFICERS AND EMPLOYEES -GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VIII_OFFICERS_AND_EMPLOYEES_GENERALLY){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Section 8-1 Appointments, Removals, Etc., Personnel -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-1_Appointments,_Removals,_Etc.,_Personnel_Regulations){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 8-2 Personnel Board -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-2_Personnel_Board_Created){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 8-3 Classified And Unclassified -Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-3_Classified_And_Unclassified_Services){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 8-4 Removal, Etc., Hearing Before The Personnel -Board](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-4_Removal,_Etc.,_Hearing_Before_The_Personnel_Board){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 8-5 Qualifications Of Officers And -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-5_Qualifications_Of_Officers_And_Employees){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 8-6 -Nepotism](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-6_Nepotism){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 8-7 Holding More Than One -Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-7_Holding_More_Than_One_Office){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 8-8 Official -Bonds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-8_Official_Bonds){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 8-9 Oath Or Affirmation Of -Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-9_Oath_Or_Affirmation_Of_Office){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 8-10 Who May Administer Oaths And -Affirmations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-10_Who_May_Administer_Oaths_And_Affirmations){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 8-11 Removal, Etc., Of Officers And -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-11_Removal,_Etc.,_Of_Officers_And_Employees){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 8-12 Acting Officers And -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-12_Acting_Officers_And_Employees){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 8-13 Officers To Continue Until Successors Are Elected Or -Appointed And -Qualify](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-13_Officers_To_Continue_Until_Successors_Are_Elected_Or_Appointed_And_Qualify){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 8-14 Conflict Of -Interests](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-14_Conflict_Of_Interests){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Section 8-1 Appointments, Removals, Etc., Personnel -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-1_Appointments,_Removals,_Etc.,_Personnel_Regulations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 8-2 Personnel Board -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-2_Personnel_Board_Created){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -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. - -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. - -<div> - -::: phx-name -[Section 8-3 Classified And Unclassified -Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-3_Classified_And_Unclassified_Services){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -All officers and employees of the city shall be divided into the -classified and the unclassified service. - -1. The following shall constitute the unclassified service: - 1. The mayor and other councilmen, and the municipal judge; - 2. The city manager, and one secretary to the city manager, if any; - 3. Members and secretary of each board, commission, or other plural - authority; - 4. All personnel who serve without compensation; - 5. 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. -2. 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. -3. Nothing herein shall prohibit including personnel in the - unclassified service in the classification plan. - -<div> - -::: phx-name -[Section 8-4 Removal, Etc., Hearing Before The Personnel -Board](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-4_Removal,_Etc.,_Hearing_Before_The_Personnel_Board){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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.\ - -<div> - -::: phx-name -[Section 8-5 Qualifications Of Officers And -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-5_Qualifications_Of_Officers_And_Employees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 8-6 -Nepotism](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-6_Nepotism){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 8-7 Holding More Than One -Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-7_Holding_More_Than_One_Office){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 8-8 Official -Bonds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-8_Official_Bonds){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 8-9 Oath Or Affirmation Of -Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-9_Oath_Or_Affirmation_Of_Office){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s office.\ - -<div> - -::: phx-name -[Section 8-10 Who May Administer Oaths And -Affirmations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-10_Who_May_Administer_Oaths_And_Affirmations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 8-11 Removal, Etc., Of Officers And -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-11_Removal,_Etc.,_Of_Officers_And_Employees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 8-12 Acting Officers And -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-12_Acting_Officers_And_Employees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 8-13 Officers To Continue Until Successors Are Elected Or -Appointed And -Qualify](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-13_Officers_To_Continue_Until_Successors_Are_Elected_Or_Appointed_And_Qualify){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 8-14 Conflict Of -Interests](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-14_Conflict_Of_Interests){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -The council by ordinance or personnel rules may further regulate -conflict of interests and ethics of officers and employees of the city. - -<div> - -::: phx-name -[ARTICLE IX GENERAL AND MISCELLANEOUS -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IX_GENERAL_AND_MISCELLANEOUS_PROVISIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Section 9-1 -Gender](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-1_Gender){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 9-2 Initiative And -Referendum](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-2_Initiative_And_Referendum){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 9-3 Publicity Of -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-3_Publicity_Of_Records){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Section 9-1 -Gender](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-1_Gender){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -When the masculine gender is used in this charter, it shall also mean -the feminine unless the masculine alone is clearly indicated.\ - -<div> - -::: phx-name -[Section 9-2 Initiative And -Referendum](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-2_Initiative_And_Referendum){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 9-3 Publicity Of -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-3_Publicity_Of_Records){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[ARTICLE X AMENDMENT AND SEPARABILITY OF -CHARTER](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_X_AMENDMENT_AND_SEPARABILITY_OF_CHARTER){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Section 10-1 Amendment: Proposal, Ratification, -Approval](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-1_Amendment:_Proposal,_Ratification,_Approval){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 10-2 -Separability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-2_Separability){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Section 10-1 Amendment: Proposal, Ratification, -Approval](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-1_Amendment:_Proposal,_Ratification,_Approval){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 10-2 -Separability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-2_Separability){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -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. - -<div> - -::: phx-name -[ARTICLE XI SUCCESSION IN -GOVERNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_XI_SUCCESSION_IN_GOVERNMENT){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Section 11-1 Wards -(Reserved)](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-1_Wards_(Reserved)){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 11-2 When Charter Goes Into -Effect](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-2_When_Charter_Goes_Into_Effect){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 11-3 First Elections Under This -Charter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-3_First_Elections_Under_This_Charter){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 11-4 Officers And Employees Under The Town -Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-4_Officers_And_Employees_Under_The_Town_Government){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 11-5 Ordinances -Continued](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-5_Ordinances_Continued){.k-link -target="_blank" style="color:#0000EE"}\ -[Section 11-6 Pending Actions And -Proceedings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-6_Pending_Actions_And_Proceedings){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Section 11-1 Wards -(Reserved)](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-1_Wards_(Reserved)){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -\ - -<div> - -::: phx-name -[Section 11-2 When Charter Goes Into -Effect](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-2_When_Charter_Goes_Into_Effect){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'clock P.M. on the first Monday in May, 1962. The council -shall hold its first meeting at that time.\ - -<div> - -::: phx-name -[Section 11-3 First Elections Under This -Charter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-3_First_Elections_Under_This_Charter){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -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 \"Vote for two\" 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. - -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 \"Vote for two\" 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. - -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. - -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. - -<div> - -::: phx-name -[Section 11-4 Officers And Employees Under The Town -Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-4_Officers_And_Employees_Under_The_Town_Government){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -The offices of the town trustees shall terminate when this charter goes -into full effect. - -<div> - -::: phx-name -[Section 11-5 Ordinances -Continued](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-5_Ordinances_Continued){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[Section 11-6 Pending Actions And -Proceedings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-6_Pending_Actions_And_Proceedings){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: {.phx-name .phx-break} -[PART 1 GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_1_GENERAL_PROVISIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 1-1 DEFINITIONS, INTERPRETATION, APPLICABILITY, -FINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-1_DEFINITIONS,_INTERPRETATION,_APPLICABILITY,_FINES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 1-2 STANDARD RULES; NOTICES, WARRANTS, INSPECTIONS, FEES, -BONDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-2_STANDARD_RULES;_NOTICES,_WARRANTS,_INSPECTIONS,_FEES,_BONDS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 1-3 CORPORATE AND WARD -LIMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-3_CORPORATE_AND_WARD_LIMITS){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[CHAPTER 1-1 DEFINITIONS, INTERPRETATION, APPLICABILITY, -FINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-1_DEFINITIONS,_INTERPRETATION,_APPLICABILITY,_FINES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 1-101 Designation And Citation Of -Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-101_Designation_And_Citation_Of_Code){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-102 Rules Of Code Construction; -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-102_Rules_Of_Code_Construction;_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-103 Authority Of -Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-103_Authority_Of_Code){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-104 Conflicting -Provisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-104_Conflicting_Provisions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-105 References Include Amendments; -Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-105_References_Include_Amendments;_Construction){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-106 Catchlines And Headings; -Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-106_Catchlines_And_Headings;_Construction){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-107 Code Provisions As Continuance Of Existing -Ordinances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-107_Code_Provisions_As_Continuance_Of_Existing_Ordinances){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-108 General And Specific Penalties; Suspension Or Revocation Of -License Or -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-108_General_And_Specific_Penalties;_Suspension_Or_Revocation_Of_License_Or_Permit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-109 Each Day Of Violation Of Code A Separate -Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-109_Each_Day_Of_Violation_Of_Code_A_Separate_Offense){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-110 Prohibited Acts Include Causing, Permitting, -Concealing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-110_Prohibited_Acts_Include_Causing,_Permitting,_Concealing){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-111 Civil Relief From Violations Of Code Of -Ordinances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-111_Civil_Relief_From_Violations_Of_Code_Of_Ordinances){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-112 Territorial -Applicability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-112_Territorial_Applicability){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-113 Ordinances In Effect In Outlying Territory Of -City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-113_Ordinances_In_Effect_In_Outlying_Territory_Of_City){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-114 Official -Seal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-114_Official_Seal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-115 Amendments To -Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-115_Amendments_To_Code){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-116 Code -Severability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-116_Code_Severability){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 1-101 Designation And Citation Of -Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-101_Designation_And_Citation_Of_Code){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The ordinances embraced in this and the following chapters and sections -shall constitute and be designated as the \"City Code of Moore, -Oklahoma,\" and may be so cited. The Code may also be cited as the -\"City Code\" or in the provisions which follow, as the \"Code.\" - -(Prior Code, § 1-1; Code 1999, § 1-101) - -**State Law reference**--- Adoption, revision of codes of ordinances, 11 -O.S. §§ 14-108, 14-109. - -<div> - -::: phx-name -[Sec 1-102 Rules Of Code Construction; -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-102_Rules_Of_Code_Construction;_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - *\ - Administrative regulations*. The term \"administrative regulations\" - means written orders which are issued by approval of the mayor or - city manager.\ - *\ - Bond*. The term \"bond\" means an obligation in writing, binding the - signatory to pay a sum certain upon the happening or failure of an - event.\ - *\ - Building*. The term \"building\" means any structure intended to - have walls and a roof.\ - *\ - Building official*. The term \"building official\" means the person - appointed by the city manager and designated as the city\'s building - official.\ - *\ - Business*. The term \"business\" means any profession, trade, - occupation and any other commercial enterprise conducted for - monetary reward.\ - *\ - Charter*. The term \"Charter\" means the Charter of the City of - Moore.\ - *\ - City*. The term \"city\" means the City of Moore, in the County of - Cleveland and State of Oklahoma.\ - *\ - City limits*. The term \"city limits\" 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.\ - *\ - Clerk*. The term \"clerk\" means the city clerk.\ - *\ - Conjunctions*. In a provision involving two or more items, - conditions, provisions or events, which items, conditions, - provisions or events are connected by the conjunction \"and,\" - \"or\" or \"either ... or,\" the conjunction shall be interpreted as - follows, except that the term \"or\" may be read \"and,\" and the - term \"and\" may be read \"or\" if the sense requires it: - 1. \"And\" indicates that all the connected terms, conditions, - provisions or events apply. - 2. \"Or\" indicates that the connected terms, conditions, - provisions or events apply singly or in any combination. - 3. \"Either ... or\" indicates that the connected terms, - conditions, provisions or events apply singly but not in - combination. - - *Council*. The term \"council\" means the governing body of the - city; the city council.\ - *\ - County*. The term \"county\" means Cleveland County, Oklahoma.\ - *\ - Definitions*. Definitions given within a chapter or article apply - only to words or phrases used in such chapter or article unless - otherwise provided.\ - *\ - Designee*. The term \"designee,\" following an official of the city, - means the authorized agent, employee or representative of such - official.\ - *\ - Gender*. Words importing the masculine gender include the feminine - and neuter as well as the masculine.\ - *\ - Health officer*. The term \"health officer\" means the administrator - of the cooperative department of the county and the city.\ - *\ - Keeper*. The term \"keeper\" 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.\ - *\ - Law*. The term \"law\" 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.\ - *\ - Manager*. The term \"manager\" means the city manager.\ - *\ - May*. The term \"may\" is permissive and discretionary.\ - *\ - Mayor*. The term \"mayor\" means the mayor of the city.\ - *\ - Month*. The term \"month\" means a calendar month.\ - *\ - Number*. Words used in the singular include the plural and the - plural includes the singular.\ - *\ - Oath*. The term \"oath\" 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.\ - *\ - Occupant*. The term \"occupant\" means the tenant or person in - actual possession.\ - *\ - Operate*. The term \"operate\" means carry on, keep, conduct, - maintain, manage, direct or superintend.\ - *\ - Ordinances*. The term \"ordinances\" means the ordinances of the - city and all amendments and supplements thereto.\ - *\ - O.S.* The abbreviation \"O.S.\" means the latest edition of the - Oklahoma Statutes, as now or hereafter amended.\ - *\ - Owner*. The term \"owner\" 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 \"owner\" - 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.\ - *\ - Person*. The term \"person\" 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.\ - *\ - Personal property*. The term \"personal property\" 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.\ - *\ - Preceding; following*. The terms \"preceding\" and \"following\" - mean next before and next after, respectively.\ - *\ - Proprietor*. The term \"proprietor\" 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.\ - *\ - Public place*. The term \"public place\" 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.\ - *\ - Real property*. The term \"real property\" means land together with - all things attached to the land so as to become a part thereof.\ - *\ - Shall*. The term \"shall\" is mandatory.\ - *\ - Sidewalk*. The term \"sidewalk\" 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.\ - *\ - Signature; subscription*. The terms \"signature\" and - \"subscription\" 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.\ - *\ - State*. The term \"state\" means the State of Oklahoma.\ - *\ - Statutes*. The term \"statutes\" means the Oklahoma Statutes as they - are now or as they may be amended to be.\ - *\ - Street*. The term \"street\" 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.\ - *\ - Tenant*. The term \"tenant\" means any person occupying the - premises, building or land of another in subordination to such other - person\'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.\ - *\ - Tense*. Words used in the past or present tense include the future, - past and present where applicable unless the context clearly - indicates otherwise.\ - *\ - Time*. The term \"time\" means the hour of the day according to the - official time of the day.\ - *\ - Time of performance*. The term \"time of performance\" 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.\ - *\ - Treasurer*. The term \"treasurer\" means the city treasurer.\ - *\ - Watercourse*. The term \"watercourse\" means any drain, ditch and - stream, flowing in a definite direction or course in a bed with - banks.\ - *\ - Week*. The term \"week\" means seven days.\ - *\ - Writing; written*. The terms \"writing\" and \"written\" mean any - representation of words, letters or figures, whether by printing or - otherwise, capable of comprehension by ordinary visual means.\ - *\ - Year*. The term \"year\" means a calendar year. -2. 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. - -(Prior Code, § 1-4; Code 1999, § 1-102) - -<div> - -::: phx-name -[Sec 1-103 Authority Of -Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-103_Authority_Of_Code){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 1-103) - -<div> - -::: phx-name -[Sec 1-104 Conflicting -Provisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-104_Conflicting_Provisions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Code 1999, § 1-104) - -<div> - -::: phx-name -[Sec 1-105 References Include Amendments; -Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-105_References_Include_Amendments;_Construction){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 1-105) - -<div> - -::: phx-name -[Sec 1-106 Catchlines And Headings; -Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-106_Catchlines_And_Headings;_Construction){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The history or source notes appearing in parentheses after sections - in this Code have no legal effect and only indicate legislative - history. Editor\'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. - -(Prior Code, § 1-2; Code 1999, § 1-106) - -<div> - -::: phx-name -[Sec 1-107 Code Provisions As Continuance Of Existing -Ordinances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-107_Code_Provisions_As_Continuance_Of_Existing_Ordinances){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 1-107) - -<div> - -::: phx-name -[Sec 1-108 General And Specific Penalties; Suspension Or Revocation Of -License Or -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-108_General_And_Specific_Penalties;_Suspension_Or_Revocation_Of_License_Or_Permit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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:\ - ----------------------------------- ----------------------------------- - Offense\ Code Section\ - - Sales tax\ 7-316 - - Hotel tax\ 7-525 - - Eluding a police officer\ 10-608 - - Battery on an officer\ 10-605 - ----------------------------------- ----------------------------------- -3. The following specific offenses, unless otherwise provided in this - Code, shall be punished by a fine not exceeding \$800.00.\ - 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. -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. - -(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) - -**State Law reference**--- Penalty for ordinance violations, 11 O.S. § -14-111 - -::: phx-docs -HISTORY\ -*Amended by Ord. -[896(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346633_Ordinance%20No.%20896%20(18).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/3/2018\ -* -::: - -<div> - -::: phx-name -[Sec 1-109 Each Day Of Violation Of Code A Separate -Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-109_Each_Day_Of_Violation_Of_Code_A_Separate_Offense){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Except as otherwise provided: - -1. With respect to violations that are continuous with respect to time, - each day the violation continues is a separate offense. -2. With respect to other violations, each violation constitutes - separate offense. - -(Prior Code, § 1-10, in part; Code 1999, § 1-109) - -<div> - -::: phx-name -[Sec 1-110 Prohibited Acts Include Causing, Permitting, -Concealing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-110_Prohibited_Acts_Include_Causing,_Permitting,_Concealing){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 1-110) - -<div> - -::: phx-name -[Sec 1-111 Civil Relief From Violations Of Code Of -Ordinances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-111_Civil_Relief_From_Violations_Of_Code_Of_Ordinances){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 1-111) - -<div> - -::: phx-name -[Sec 1-112 Territorial -Applicability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-112_Territorial_Applicability){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 1-112) - -<div> - -::: phx-name -[Sec 1-113 Ordinances In Effect In Outlying Territory Of -City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-113_Ordinances_In_Effect_In_Outlying_Territory_Of_City){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 1-7; Code 1999, § 1-113) - -<div> - -::: phx-name -[Sec 1-114 Official -Seal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-114_Official_Seal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The seal of the city shall be of circular form and shall have lettered -in the upper portion of its outer circumference the words \"City of -Moore\" and in the lower portion of its outer circumference the words -\"Moore, Oklahoma.\" The words \"Corporate Seal\" 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. - -(Prior Code, § 1-8; Code 1999, § 1-114) - -<div> - -::: phx-name -[Sec 1-115 Amendments To -Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-115_Amendments_To_Code){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: \"That section \_\_\_\_\_ of - the Moore City Code is hereby amended to read as follow:....\" The - new provisions shall then be set out in full as desired. -2. In the event a new section not heretofore existing in the Code is to - be added, the following language shall be used: \"That the Moore - City Code is hereby amended by adding a section, to be number - \_\_\_\_\_, which section reads as follows:....\" The new section - shall then be set out in full as desired. - -(Prior Code, § 1-11; Code 1999, § 1-115) - -<div> - -::: phx-name -[Sec 1-116 Code -Severability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-116_Code_Severability){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 1-13; Code 1999, § 1-116) - -<div> - -::: phx-name -[CHAPTER 1-2 STANDARD RULES; NOTICES, WARRANTS, INSPECTIONS, FEES, -BONDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-2_STANDARD_RULES;_NOTICES,_WARRANTS,_INSPECTIONS,_FEES,_BONDS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 1-201 Acts By Deputy Or -Designee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-201_Acts_By_Deputy_Or_Designee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-202 Notices; Service And -Proof](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-202_Notices;_Service_And_Proof){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-203 Inspections And Right Of -Entry](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-203_Inspections_And_Right_Of_Entry){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-204 Schedule Of Fees And Charges -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-204_Schedule_Of_Fees_And_Charges_Created){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-205 Bonds, Schedule -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-205_Bonds,_Schedule_Created){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 1-201 Acts By Deputy Or -Designee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-201_Acts_By_Deputy_Or_Designee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 1-201) - -<div> - -::: phx-name -[Sec 1-202 Notices; Service And -Proof](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-202_Notices;_Service_And_Proof){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 1-202) - -<div> - -::: phx-name -[Sec 1-203 Inspections And Right Of -Entry](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-203_Inspections_And_Right_Of_Entry){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Code 1999, § 1-203) - -<div> - -::: phx-name -[Sec 1-204 Schedule Of Fees And Charges -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-204_Schedule_Of_Fees_And_Charges_Created){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The schedule of fees and charges hereby created shall also be known - and may be cited as the fee schedule. - -(Code 1999, § 1-205) - -<div> - -::: phx-name -[Sec 1-205 Bonds, Schedule -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-205_Bonds,_Schedule_Created){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 1-206) - -<div> - -::: phx-name -[CHAPTER 1-3 CORPORATE AND WARD -LIMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-3_CORPORATE_AND_WARD_LIMITS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 1-301 Map Of The -City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-301_Map_Of_The_City){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 1-302 Ward -Boundaries](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-302_Ward_Boundaries){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 1-301 Map Of The -City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-301_Map_Of_The_City){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 1-14; Code 1999, § 1-301) - -<div> - -::: phx-name -[Sec 1-302 Ward -Boundaries](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-302_Ward_Boundaries){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The three wards of the city shall consist of the following area, as - amended from time to time: - 1. 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. - 2. 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. - 3. 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. -2. 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. - -(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) - -**State Law reference**--- Wards 11 O.S. § 20-101 et seq. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1000.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1000.22.pdf){.k-link -target="_blank" style="color:#0000EE"} on 3/7/2022\ -* -::: - -<div> - -::: {.phx-name .phx-break} -[PART 2 ADMINISTRATION AND -GOVERNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_2_ADMINISTRATION_AND_GOVERNMENT){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 2-1 GOVERNMENT -ORGANIZATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-1_GOVERNMENT_ORGANIZATION){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 2-2 RETIREMENT AND -PENSIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-2_RETIREMENT_AND_PENSIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 2-3 CITY RECORDS AND -PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-3_CITY_RECORDS_AND_PROPERTY){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 2-4 CITY BOARDS AND -COMMISSIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-4_CITY_BOARDS_AND_COMMISSIONS){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[CHAPTER 2-1 GOVERNMENT -ORGANIZATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-1_GOVERNMENT_ORGANIZATION){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 2-101 Form Of -Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-101_Form_Of_Government){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-102 Meetings Of The -Council](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-102_Meetings_Of_The_Council){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-103 Citizen Participation In Council And Public Works -Meetings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-103_Citizen_Participation_In_Council_And_Public_Works_Meetings){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-104 Mayor\'s Powers And Duties, -Vice-Mayor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-104_Mayor's_Powers_And_Duties,_Vice-Mayor){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-105 City Manager Appointment By Council; Powers And -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-105_City_Manager_Appointment_By_Council;_Powers_And_Duties){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-106 City Clerk Appointment; -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-106_City_Clerk_Appointment;_Duties){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-107 City Treasurer Appointment; -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-107_City_Treasurer_Appointment;_Duties){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-108 City -Attorney](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-108_City_Attorney){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-109 Administrative Departments, Officers, And -Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-109_Administrative_Departments,_Officers,_And_Agencies){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-110 Bonds For City Officers And -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-110_Bonds_For_City_Officers_And_Employees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-111 Removal Of Officers And -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-111_Removal_Of_Officers_And_Employees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-112 Compensation Of Officers And -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-112_Compensation_Of_Officers_And_Employees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-113 Books Delivered To -Successor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-113_Books_Delivered_To_Successor){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-114 Conduct Of Hearings For City Manager -Termination](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-114_Conduct_Of_Hearings_For_City_Manager_Termination){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-115 Risk Management -Program](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-115_Risk_Management_Program){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-116 Personnel -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-116_Personnel_Regulations){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 2-101 Form Of -Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-101_Form_Of_Government){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-101) - -<div> - -::: phx-name -[Sec 2-102 Meetings Of The -Council](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-102_Meetings_Of_The_Council){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. - 1. 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. - 2. 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: - 1. To ensure that the city meets its financial obligations - council may extend a meeting to consider items on the - \"claims list\" and consent docket; - 2. 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; - 3. 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; - 4. Nothing in this policy shall prevent council from exercising - other aspects of Robert\'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.) -2. 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\'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. -3. The council may meet in executive or closed session as authorized by - the Oklahoma Open Meeting Act (25 O.S. § 301 et seq.). - -(Prior Code, §§ 2-16---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) - -<div> - -::: phx-name -[Sec 2-103 Citizen Participation In Council And Public Works -Meetings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-103_Citizen_Participation_In_Council_And_Public_Works_Meetings){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'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. -2. 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: - 1. 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; - 2. 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; - 3. Time spent by councilmen who verbally respond to resident or - nonresident participants under this section shall not count - against the five-minute time limit; - 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; - 5. 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; - 6. Those who wish to be heard at city council meetings shall fill - out a \"Request to be Heard\" 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; - 7. Any person shall be permitted to submit written materials or - documents to the city council; - 8. 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. -3. 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: - 1. Engaging in violent, tumultuous or threatening behavior; - 2. Using abusive or obscene language or making an obscene gesture; - 3. 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\'s - time is expired, or the question successfully called for the - requisite number of councilmen; or - 4. Failure to state, when requested by the presiding officer of the - meeting, the speaker\'s own name and address for the record of - the meeting. -4. A digest stating in laymen\'s terms the requirements for - participation in city council meetings shall be available to the - public prior to each city council meeting. -5. Violation of this section shall be an offense, punishable as - provided in section 1-108. -6. 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. - -(Code 1999, § 2-103; Ord. No. 450, 6-20-1988; Ord. No. 55(93), -6-21-1993) - -<div> - -::: phx-name -[Sec 2-104 Mayor\'s Powers And Duties, -Vice-Mayor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-104_Mayor's_Powers_And_Duties,_Vice-Mayor){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, §§ 2-51, 2-53, in part; Code 1999, § 2-104) - -<div> - -::: phx-name -[Sec 2-105 City Manager Appointment By Council; Powers And -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-105_City_Manager_Appointment_By_Council;_Powers_And_Duties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-105) - -<div> - -::: phx-name -[Sec 2-106 City Clerk Appointment; -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-106_City_Clerk_Appointment;_Duties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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\'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. - -(Prior Code, §§ 2-81, 2-82, 2-85; Code 1999, § 2-106) - -<div> - -::: phx-name -[Sec 2-107 City Treasurer Appointment; -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-107_City_Treasurer_Appointment;_Duties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The treasurer shall keep his records in accordance with an - accounting system acceptable for governmental accounting and - financial recordkeeping. -3. 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. - -(Prior Code, §§ 2-106---2-108, in part; Code 1999, § 2-107) - -<div> - -::: phx-name -[Sec 2-108 City -Attorney](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-108_City_Attorney){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Prior Code, §§ 2-71---2-73; Code 1999, § 2-108) - -<div> - -::: phx-name -[Sec 2-109 Administrative Departments, Officers, And -Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-109_Administrative_Departments,_Officers,_And_Agencies){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -There shall be such administrative departments, officers, and agencies -as the council may establish. - -(Code 1999, § 2-109) - -<div> - -::: phx-name -[Sec 2-110 Bonds For City Officers And -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-110_Bonds_For_City_Officers_And_Employees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, §§ 2-36, 18-18; Code 1999, § 2-110) - -<div> - -::: phx-name -[Sec 2-111 Removal Of Officers And -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-111_Removal_Of_Officers_And_Employees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 2-37; Code 1999, § 2-111) - -<div> - -::: phx-name -[Sec 2-112 Compensation Of Officers And -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-112_Compensation_Of_Officers_And_Employees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 2-38; Code 1999, § 2-112) - -<div> - -::: phx-name -[Sec 2-113 Books Delivered To -Successor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-113_Books_Delivered_To_Successor){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 2-39; Code 1999, § 2-113) - -<div> - -::: phx-name -[Sec 2-114 Conduct Of Hearings For City Manager -Termination](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-114_Conduct_Of_Hearings_For_City_Manager_Termination){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. This section applies to the procedures to be followed at the public - hearing afforded by section 3-1 of the city Charter. -2. 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. -3. 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. -4. 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. -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. -6. 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. -7. 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. -8. 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. -9. 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. -10. 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. -11. 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. - -(Code 1999, § 2-114; Ord. No. 409, 7-21-1986) - -<div> - -::: phx-name -[Sec 2-115 Risk Management -Program](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-115_Risk_Management_Program){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. There is hereby established a risk management and risk reduction - program to be implemented by the city risk management board - (\"board\"), 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.). -2. 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. -3. 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\' - 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. -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\' 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\'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. - -(Code 1999, § 2-115; Ord. No. 466, 10-3-1988) - -<div> - -::: phx-name -[Sec 2-116 Personnel -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-116_Personnel_Regulations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-116) - -<div> - -::: phx-name -[CHAPTER 2-2 RETIREMENT AND -PENSIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-2_RETIREMENT_AND_PENSIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 2-2A SOCIAL -SECURITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2A_SOCIAL_SECURITY){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 2-2B FIREFIGHTERS PENSION AND RETIREMENT -SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2B_FIREFIGHTERS_PENSION_AND_RETIREMENT_SYSTEM){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 2-2C POLICE PENSION AND RETIREMENT -SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2C_POLICE_PENSION_AND_RETIREMENT_SYSTEM){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 2-2D EMPLOYEES RETIREMENT -SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2D_EMPLOYEES_RETIREMENT_SYSTEM){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 2-2A SOCIAL -SECURITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2A_SOCIAL_SECURITY){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 2-201 City Officers And Employees Under Federal Social -Security](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-201_City_Officers_And_Employees_Under_Federal_Social_Security){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 2-201 City Officers And Employees Under Federal Social -Security](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-201_City_Officers_And_Employees_Under_Federal_Social_Security){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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\'s contributions, which shall be paid over - to the state or federal agency designated by said laws or - regulations. -5. The city shall keep such records and make such reports as may be - required by applicable state or federal laws or regulations. -6. 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. -7. 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. - -(Prior Code, §§ 2-176---2-181; Code 1999, § 2-201) - -**State Law reference**--- Social security for public officers and -employees, 51 O.S. § 121 et seq. - -<div> - -::: phx-name -[ARTICLE 2-2B FIREFIGHTERS PENSION AND RETIREMENT -SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2B_FIREFIGHTERS_PENSION_AND_RETIREMENT_SYSTEM){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 2-211 System -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-211_System_Created){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-212 System To Be Operated In Accordance With -Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-212_System_To_Be_Operated_In_Accordance_With_Law){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 2-211 System -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-211_System_Created){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 9-36; Code 1999, § 2-211) - -**State Law reference**--- Firefighter\'s pension system, 11 O.S. § -49-101 et seq. - -<div> - -::: phx-name -[Sec 2-212 System To Be Operated In Accordance With -Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-212_System_To_Be_Operated_In_Accordance_With_Law){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The firefighters pension and retirement system as established by 11 - O.S. § 49-100.1 et seq., is hereby adopted by reference. -2. 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. - -(Prior Code, § 9-36, in part; Code 1999, § 2-212) - -<div> - -::: phx-name -[ARTICLE 2-2C POLICE PENSION AND RETIREMENT -SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2C_POLICE_PENSION_AND_RETIREMENT_SYSTEM){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 2-221 System -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-221_System_Created){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-222 System To Be Operated In Accordance With -Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-222_System_To_Be_Operated_In_Accordance_With_Law){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 2-221 System -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-221_System_Created){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, §§ 18-26---18-33, in part; Code 1999, § 2-221) - -**State Law reference**--- Police pension system, 11 O.S. § 50-100.1 et -seq. - -<div> - -::: phx-name -[Sec 2-222 System To Be Operated In Accordance With -Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-222_System_To_Be_Operated_In_Accordance_With_Law){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The police pension and retirement system as established by 11 O.S. § - 50-100.1 et seq., is hereby adopted by reference. -2. 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. - -(Prior Code, §§ 18-26---18-37; Code 1999, § 2-222) - -<div> - -::: phx-name -[ARTICLE 2-2D EMPLOYEES RETIREMENT -SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2D_EMPLOYEES_RETIREMENT_SYSTEM){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 2-231 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-231_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-232 Established; Effective -Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-232_Established;_Effective_Date){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-233 Execution And Ratification Of System -Instrument](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-233_Execution_And_Ratification_Of_System_Instrument){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-234 Board Of -Trustees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-234_Board_Of_Trustees){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 2-231 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-231_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*System* means the employees retirement system established by this -article. - -*System instrument* means Exhibit A, as attached to the ordinances -adopting and amending and referred to in this article. - -(Code 1999, § 2-231) - -<div> - -::: phx-name -[Sec 2-232 Established; Effective -Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-232_Established;_Effective_Date){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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 \"Municipal Employees Retirement System of the City of Moore, -Oklahoma,\" and all amendments thereto, an executed counterpart of which -is marked \"Exhibit A\" 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. - -(Code 1999, § 2-232) - -<div> - -::: phx-name -[Sec 2-233 Execution And Ratification Of System -Instrument](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-233_Execution_And_Ratification_Of_System_Instrument){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-233) - -**State Law reference**--- Municipal employee retirement system, 11 O.S. -§ 48-101 et seq. - -<div> - -::: phx-name -[Sec 2-234 Board Of -Trustees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-234_Board_Of_Trustees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-234) - -<div> - -::: phx-name -[CHAPTER 2-3 CITY RECORDS AND -PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-3_CITY_RECORDS_AND_PROPERTY){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 2-3A ACCESS TO CITY -RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3A_ACCESS_TO_CITY_RECORDS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 2-3B USE OF CITY -PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3B_USE_OF_CITY_PROPERTY){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 2-3A ACCESS TO CITY -RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3A_ACCESS_TO_CITY_RECORDS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 2-301 Appointment Of Official -Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-301_Appointment_Of_Official_Custodians){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-302 Designation Of Additional Record -Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-302_Designation_Of_Additional_Record_Custodians){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-303 Duties Of -Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-303_Duties_Of_Custodians){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-304 Requests To Be Directed To -Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-304_Requests_To_Be_Directed_To_Custodians){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-305 Procedures Regarding Both Inspection And Copying Of Open -Public -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-305_Procedures_Regarding_Both_Inspection_And_Copying_Of_Open_Public_Records){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-306 Procedures Regarding Inspection Of Open Public -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-306_Procedures_Regarding_Inspection_Of_Open_Public_Records){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-307 Procedures Regarding Copies Of Open Public -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-307_Procedures_Regarding_Copies_Of_Open_Public_Records){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-308 No Fee For -Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-308_No_Fee_For_Inspection){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-309 Copying -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-309_Copying_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-310 Fee For Mechanical -Reproduction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-310_Fee_For_Mechanical_Reproduction){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-311 Search -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-311_Search_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-312 Prepayment Of -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-312_Prepayment_Of_Fees){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 2-301 Appointment Of Official -Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-301_Appointment_Of_Official_Custodians){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -City clerk: All public records kept and maintained in the city clerk\'s -office and all other public records not provided for elsewhere in this -chapter. - -(Code 1999, § 2-301) - -**State Law reference**--- Open Records Act, 51 O.S. § 24A.1 et seq. - -<div> - -::: phx-name -[Sec 2-302 Designation Of Additional Record -Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-302_Designation_Of_Additional_Record_Custodians){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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.). -2. 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. - -(Code 1999, § 2-302) - -<div> - -::: phx-name -[Sec 2-303 Duties Of -Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-303_Duties_Of_Custodians){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-303) - -<div> - -::: phx-name -[Sec 2-304 Requests To Be Directed To -Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-304_Requests_To_Be_Directed_To_Custodians){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 2-304) - -<div> - -::: phx-name -[Sec 2-305 Procedures Regarding Both Inspection And Copying Of Open -Public -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-305_Procedures_Regarding_Both_Inspection_And_Copying_Of_Open_Public_Records){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The following procedures are hereby adopted and shall be applied by each -official custodian and record custodian: - -1. 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; -2. Record custodians shall protect the integrity and organization of - public records with respect to the manner in which such records are - inspected and copied; -3. Record custodians may prevent excessive disruptions of essential - functions and provide the record at the earliest possible time; -4. All inspections and copying of open public records shall be - performed by, or under the supervision of, the record custodian - responsible for such records; -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; -6. 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; -7. 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; -8. 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; -9. 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; -10. Hours for making requests for inspection or copying shall be all - regular working hours for each day the office maintains regular - office hours; -11. 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 -12. 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. - -(Code 1999, § 2-305) - -<div> - -::: phx-name -[Sec 2-306 Procedures Regarding Inspection Of Open Public -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-306_Procedures_Regarding_Inspection_Of_Open_Public_Records){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The following procedures are hereby adopted and shall be applied by -every official custodian and record custodian: - -1. 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; -2. 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; -3. 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 -4. The record custodian shall, upon making a denial of an inspection - request, forward a copy of the denial to the city manager. - -(Code 1999, § 2-306) - -<div> - -::: phx-name -[Sec 2-307 Procedures Regarding Copies Of Open Public -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-307_Procedures_Regarding_Copies_Of_Open_Public_Records){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The following procedures apply regarding copies of records: - -1. 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; -2. 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; -3. 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 -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. - -(Code 1999, § 2-307) - -<div> - -::: phx-name -[Sec 2-308 No Fee For -Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-308_No_Fee_For_Inspection){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Where a request has been made for the inspection of an open public -record, no fee shall be charged. - -(Code 1999, § 2-308) - -<div> - -::: phx-name -[Sec 2-309 Copying -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-309_Copying_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-309) - -<div> - -::: phx-name -[Sec 2-310 Fee For Mechanical -Reproduction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-310_Fee_For_Mechanical_Reproduction){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-310) - -<div> - -::: phx-name -[Sec 2-311 Search -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-311_Search_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-311) - -<div> - -::: phx-name -[Sec 2-312 Prepayment Of -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-312_Prepayment_Of_Fees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-312) - -<div> - -::: phx-name -[ARTICLE 2-3B USE OF CITY -PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3B_USE_OF_CITY_PROPERTY){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 2-321 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-321_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-322 Unauthorized Use Of City Or Department -Stationery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-322_Unauthorized_Use_Of_City_Or_Department_Stationery){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-323 Unauthorized Use Of City -Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-323_Unauthorized_Use_Of_City_Equipment){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-324 Theft From City By Altering Computer -Data](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-324_Theft_From_City_By_Altering_Computer_Data){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-325 Unauthorized Entry Into City\'s -Computer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-325_Unauthorized_Entry_Into_City's_Computer){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-326 Unauthorized Use Of Postage -Meters](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-326_Unauthorized_Use_Of_Postage_Meters){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-327 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-327_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 2-321 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-321_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Computer* means any electronic device used for storing information and -supplying information. Unless the context indicates a limited meaning is -intended, the term \"computer\" 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 \"computer\" shall also include a computer system. - -*Computer program* 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. - -*Employee* means an employee of the city or an employee of any public -trust of which the city is a beneficiary. - -*Official* 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. - -*Person* means any person, firm or corporation, except that provisions -of imprisonment for punishment for violation of this article shall apply -to natural persons only. - -*Stationery* 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. - -*Trust* means the city public works authority or any other public trust -of which the city is a beneficiary. - -(Code 1999, § 2-321; Ord. No. 49(93), 2-16-1993) - -<div> - -::: phx-name -[Sec 2-322 Unauthorized Use Of City Or Department -Stationery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-322_Unauthorized_Use_Of_City_Or_Department_Stationery){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-322; Ord. No. 49(93), 2-16-1993) - -<div> - -::: phx-name -[Sec 2-323 Unauthorized Use Of City -Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-323_Unauthorized_Use_Of_City_Equipment){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-323; Ord. No. 49(93), 2-16-1993) - -<div> - -::: phx-name -[Sec 2-324 Theft From City By Altering Computer -Data](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-324_Theft_From_City_By_Altering_Computer_Data){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-324; Ord. No. 49(93), 2-16-1993) - -<div> - -::: phx-name -[Sec 2-325 Unauthorized Entry Into City\'s -Computer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-325_Unauthorized_Entry_Into_City's_Computer){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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 \"unauthorized person\" 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. - -(Code 1999, § 2-325; Ord. No. 49(93), 2-16-1993) - -<div> - -::: phx-name -[Sec 2-326 Unauthorized Use Of Postage -Meters](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-326_Unauthorized_Use_Of_Postage_Meters){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. The mail carried by such postage is the official city mail; and -2. There is a penalty of the unlawful use of such postage meter for - private purposes. - -(Code 1999, § 2-326; Ord. No. 49(93), 2-16-1993) - -<div> - -::: phx-name -[Sec 2-327 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-327_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-327; Ord. No. 49(93), 2-16-1993) - -<div> - -::: phx-name -[CHAPTER 2-4 CITY BOARDS AND -COMMISSIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-4_CITY_BOARDS_AND_COMMISSIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 2-411 Personnel Board, Membership, Temporary -Replacement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-411_Personnel_Board,_Membership,_Temporary_Replacement){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 2-412 Procedure For Filling A Temporary -Position](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-412_Procedure_For_Filling_A_Temporary_Position){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 2-411 Personnel Board, Membership, Temporary -Replacement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-411_Personnel_Board,_Membership,_Temporary_Replacement){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-411; Ord. No. 15(92), 3-2-1992) - -<div> - -::: phx-name -[Sec 2-412 Procedure For Filling A Temporary -Position](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-412_Procedure_For_Filling_A_Temporary_Position){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 2-412; Ord. No. 15(92), 3-2-1992) - -<div> - -::: {.phx-name .phx-break} -[PART 3 ALCOHOLIC -BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_3_ALCOHOLIC_BEVERAGES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 3-1 ALCOHOLIC -BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-1_ALCOHOLIC_BEVERAGES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 3-2 LOW-POINT -BEER](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-2_LOW-POINT_BEER){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 3-3 PROHIBITING GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC -BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-3_PROHIBITING_GATHERINGS_WHERE_MINORS_ARE_CONSUMING_ALCOHOLIC_BEVERAGES){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Alcoholic beverages and low-point beer, 37 -O.S.\ - -<div> - -::: phx-name -[CHAPTER 3-1 ALCOHOLIC -BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-1_ALCOHOLIC_BEVERAGES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 3-101 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-101_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-102 Amount Of -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-102_Amount_Of_Tax){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-103 Application For Certificate Of Zoning And Code -Compliance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-103_Application_For_Certificate_Of_Zoning_And_Code_Compliance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-104 Manufacture And Sale; State License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-104_Manufacture_And_Sale;_State_License_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-105 Keeping Or Maintaining Place In Violation Of Law -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-105_Keeping_Or_Maintaining_Place_In_Violation_Of_Law_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-106 Transportation Of Intoxicating Beverages In Vehicles; -Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-106_Transportation_Of_Intoxicating_Beverages_In_Vehicles;_Exception){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-107 Sale To Minors, Incompetent Or Intoxicated Persons -Prohibited; Minors On -Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-107_Sale_To_Minors,_Incompetent_Or_Intoxicated_Persons_Prohibited;_Minors_On_Premises){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-108 Employment Of Minors -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-108_Employment_Of_Minors_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-109 Minors In Possession Of Intoxicating Beverages In Public -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-109_Minors_In_Possession_Of_Intoxicating_Beverages_In_Public_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-110 Misrepresentation Of -Age](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-110_Misrepresentation_Of_Age){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-111 Sale In Containers, From Licensed -Establishments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-111_Sale_In_Containers,_From_Licensed_Establishments){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-112 Sales On -Credit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-112_Sales_On_Credit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-113 Other Prohibitions; Prizes, Happy Hours, Solicitation, -Nudity](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-113_Other_Prohibitions;_Prizes,_Happy_Hours,_Solicitation,_Nudity){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-114 Consumption Of Intoxicating Alcoholic Beverage In Public -Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-114_Consumption_Of_Intoxicating_Alcoholic_Beverage_In_Public_Places){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-115 Location Of Retail Package Store And Mixed Beverage -Establishments; -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-115_Location_Of_Retail_Package_Store_And_Mixed_Beverage_Establishments;_Exceptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-116 Hours Of -Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-116_Hours_Of_Operation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-117 Sale Or Delivery Prohibited On Certain -Days](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-117_Sale_Or_Delivery_Prohibited_On_Certain_Days){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Oklahoma Alcoholic Beverage Control Act, 37 -O.S. § 501 et seq.; city powers generally as to alcoholic beverages, 37 -O.S. § 503.\ - -<div> - -::: phx-name -[Sec 3-101 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-101_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Definition of terms used in this chapter shall be in conformity with - those provided in 37A O.S. § 1-103. -2. 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:\ - \ - *Beer and wine license* 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.\ - \ - *Caterer license* 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.\ - \ - *Complimentary beverage license* 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.\ - \ - *Mixed beverage club* 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.\ - \ - *Mixed beverage license* 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.\ - \ - *Special event license* 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. - -(Prior Code, § 3-2; Code 1999, § 3-101) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[844(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333161_Ordinance%20No.%20844%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -Amended by Ord. -[903(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347030_Ordinance%20No.%20903%20(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 4/15/2019\ -Amended by Ord. -[915(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288008_Ordinance%20915(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/3/2019\ -* -::: - -<div> - -::: phx-name -[Sec 3-102 Amount Of -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-102_Amount_Of_Tax){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. The occupation tax levied herein shall be paid in advance to the - city clerk who shall issue a receipt therefor. -4. 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. -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. -6. 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. -7. 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. -8. Any state licensee shall post his tax receipt in a conspicuous place - on the premises wherein he carries on his occupation. -9. The occupation tax shall cover only the person paying the tax and no - other or a successor thereof, and shall not be refundable. -10. The city clerk shall make and transmit to the alcoholic beverage - laws enforcement (\"ABLE\") commission an annual report showing the - number and class of licenses subject to the tax and the amount of - money received therefrom. -11. 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\'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. - -(Prior Code, §§ 3-38, 3-39, 3-41, 3-45; Code 1999, § 3-102) - -**State Law reference**--- State license fee amounts, 37 O.S. § 518. - -<div> - -::: phx-name -[Sec 3-103 Application For Certificate Of Zoning And Code -Compliance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-103_Application_For_Certificate_Of_Zoning_And_Code_Compliance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. Filing a written application on forms prescribed by that office; - and - 2. Paying a verification and certification fee in the amount as set - by the council at the time of filing. -2. 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. -3. 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. -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. -5. The above certificates of compliance shall be signed by the mayor or - by the city clerk or deputy city clerk. - -(Prior Code, §§ 3-42, 3-43; Code 1999, § 3-103) - -<div> - -::: phx-name -[Sec 3-104 Manufacture And Sale; State License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-104_Manufacture_And_Sale;_State_License_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 3-3; Code 1999, § 3-104) - -<div> - -::: phx-name -[Sec 3-105 Keeping Or Maintaining Place In Violation Of Law -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-105_Keeping_Or_Maintaining_Place_In_Violation_Of_Law_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 3-6; Code 1999, § 3-105) - -<div> - -::: phx-name -[Sec 3-106 Transportation Of Intoxicating Beverages In Vehicles; -Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-106_Transportation_Of_Intoxicating_Beverages_In_Vehicles;_Exception){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 3-17; Code 1999, § 3-106) - -**State Law reference**--- Similar provisions, 37 O.S. § 537. - -<div> - -::: phx-name -[Sec 3-107 Sale To Minors, Incompetent Or Intoxicated Persons -Prohibited; Minors On -Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-107_Sale_To_Minors,_Incompetent_Or_Intoxicated_Persons_Prohibited;_Minors_On_Premises){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No person shall: - 1. 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; - 2. 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. - -2. 1. 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\'s main purpose, - low-point beer sales shall be counted separately, and it shall - not be considered a food or an alcoholic beverage. - 2. 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\'s main purpose shall - automatically convert to the sale of alcoholic beverages. - -3. 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 \"admission charge\" means any form - of consideration received by an establishment from a person in order - for that person to gain entrance into the establishment. - -4. The provisions of subsection (C) of this section shall not apply: - 1. 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; - 2. 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 - 3. To a public event held in a facility owned or operated by any - agency, political subdivision or public trust of the state. - -(Code 1999, § 3-107) - -**State Law reference**--- Similar provisions, 37 O.S. §§ 537(A)1, (A)2, -598. - -<div> - -::: phx-name -[Sec 3-108 Employment Of Minors -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-108_Employment_Of_Minors_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 3-18; Code 1999, § 3-108) - -**State Law reference**--- Similar provisions, 37 O.S. § 537(B)(2). - -<div> - -::: phx-name -[Sec 3-109 Minors In Possession Of Intoxicating Beverages In Public -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-109_Minors_In_Possession_Of_Intoxicating_Beverages_In_Public_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 3-4; Code 1999, § 3-109) - -<div> - -::: phx-name -[Sec 3-110 Misrepresentation Of -Age](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-110_Misrepresentation_Of_Age){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 3-14; Code 1999, § 3-110) - -<div> - -::: phx-name -[Sec 3-111 Sale In Containers, From Licensed -Establishments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-111_Sale_In_Containers,_From_Licensed_Establishments){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No person shall sell or deliver alcoholic beverages at a retail - alcoholic beverage store other than: - 1. In retail containers; - 2. At ordinary room temperatures; - 3. In the original package; and - 4. For consumption off the premises.\ - 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. -2. No person shall purchase any alcoholic beverage at retail or - wholesale from any person other than a dealer licensed by the ABLE - commission. - -(Prior Code, §§ 3-9, 3-10; Code 1999, § 3-111) - -<div> - -::: phx-name -[Sec 3-112 Sales On -Credit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-112_Sales_On_Credit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Except as may be authorized by state law, no person shall sell any -alcoholic beverage on credit at any retail package store. - -(Prior Code, § 3-20; Code 1999, § 3-112) - -<div> - -::: phx-name -[Sec 3-113 Other Prohibitions; Prizes, Happy Hours, Solicitation, -Nudity](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-113_Other_Prohibitions;_Prizes,_Happy_Hours,_Solicitation,_Nudity){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No licensee shall: - 1. Give any alcoholic beverage as a prize, premium or consideration - for any lottery, game of chance or skill or any type of - competition; or - 2. Advertise or offer \"happy hours\" or any other means or - inducements to stimulate the consumption of alcoholic beverages, - including: - 1. Deliver more than two drinks to one person at one time; - 2. 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; - 3. 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; - 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; - 5. 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 - 6. Encourage or permit, on the licensed premises, any game or - contest which involves drinking or the awarding of drinks as - prizes. -2. No licensee shall: - 1. 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; - 2. Permit any person to perform acts of, or acts which simulate - sexual acts; - 3. Permit any person to use artificial devices or inanimate objects - to depict any lewd activities; or - 4. Permit the showing of films, still pictures, electronic - reproduction or other visual reproduction depicting any of the - prohibited acts in this section. -3. 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. - -(Prior Code, §§ 3-5, 3-9, 3-10, 3-13, 3-22, 3-23; Code 1999, § 3-113) - -**State Law reference**--- Similar provisions, 37 O.S. § 537. - -<div> - -::: phx-name -[Sec 3-114 Consumption Of Intoxicating Alcoholic Beverage In Public -Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-114_Consumption_Of_Intoxicating_Alcoholic_Beverage_In_Public_Places){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, §§ 3-25, 16-38; Code 1999, § 3-114) - -<div> - -::: phx-name -[Sec 3-115 Location Of Retail Package Store And Mixed Beverage -Establishments; -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-115_Location_Of_Retail_Package_Store_And_Mixed_Beverage_Establishments;_Exceptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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 \"legal newspaper of general - circulation within the state\" 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. - -(Prior Code, § 3-12, in part; Code 1999, § 3-115) - -**State Law reference**--- Similar provisions, 37 O.S. § 518.3. - -<div> - -::: phx-name -[Sec 3-116 Hours Of -Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-116_Hours_Of_Operation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. - -(Prior Code, § 3-19; Code 1999, § 3-116) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[899(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346822_Ordinance%20No.%20899%20(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 3/4/2019\ -Amended by Ord. -[940(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349133_940%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 4/6/2020\ -* -::: - -<div> - -::: phx-name -[Sec 3-117 Sale Or Delivery Prohibited On Certain -Days](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-117_Sale_Or_Delivery_Prohibited_On_Certain_Days){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s Day, the Fourth of -July, Thanksgiving Day or Christmas Day. - -(Prior Code, § 3-24; Code 1999, § 3-117) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[899(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346822_Ordinance%20No.%20899%20(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 3/4/2019\ -* -::: - -<div> - -::: phx-name -[CHAPTER 3-2 LOW-POINT -BEER](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-2_LOW-POINT_BEER){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 3-201 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-201_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-202 State -Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-202_State_Licenses){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-203 Retail Dealer\'s License Required; License -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-203_Retail_Dealer's_License_Required;_License_Fees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-204 Application For -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-204_Application_For_License){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-205 Expiration Of -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-205_Expiration_Of_License){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-206 Minors On Premises Prohibited; -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-206_Minors_On_Premises_Prohibited;_Exceptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-207 Sale Of Low-Point Beer To Minors -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-207_Sale_Of_Low-Point_Beer_To_Minors_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-208 Employment Of Persons Under 18 Years; -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-208_Employment_Of_Persons_Under_18_Years;_Exceptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-209 Sale Of Low-Point Beer Prohibited During Certain Hours; -Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-209_Sale_Of_Low-Point_Beer_Prohibited_During_Certain_Hours;_Exception){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-210 Transportation Of Low-Point Beer In Moving -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-210_Transportation_Of_Low-Point_Beer_In_Moving_Vehicle){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-211 Minors In Possession Of Low-Point Beer Prohibited While In -Public](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-211_Minors_In_Possession_Of_Low-Point_Beer_Prohibited_While_In_Public){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-212 Consumption Of Low-Point Beer In Public Places; Penalty; -Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-212_Consumption_Of_Low-Point_Beer_In_Public_Places;_Penalty;_Exception){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-213 Misrepresentation Of Age By False Or Altered -Documentation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-213_Misrepresentation_Of_Age_By_False_Or_Altered_Documentation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-214 Inspections, Sales Tax -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-214_Inspections,_Sales_Tax_Records){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 3-215 Glass Area And Lighting -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-215_Glass_Area_And_Lighting_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Low-point beer, 63 O.S. § 163.1 et seq.\ - -<div> - -::: phx-name -[Sec 3-201 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-201_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Low-point beer* 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. - -*Minor* 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. - -*Retail dealer* 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. - -(Prior Code, § 3-106; Code 1999, § 3-201) - -<div> - -::: phx-name -[Sec 3-202 State -Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-202_State_Licenses){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 3-127; Code 1999, § 3-202) - -<div> - -::: phx-name -[Sec 3-203 Retail Dealer\'s License Required; License -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-203_Retail_Dealer's_License_Required;_License_Fees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The annual fee for a license under this chapter shall be as - established by resolution. -3. No license issued hereunder is transferable. -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. - -(Prior Code, §§ 3-126, 3-128, 3-129; Code 1999, § 3-203) - -<div> - -::: phx-name -[Sec 3-204 Application For -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-204_Application_For_License){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -An applicant for a retail dealer\'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. - -(Code 1999, § 3-204) - -<div> - -::: phx-name -[Sec 3-205 Expiration Of -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-205_Expiration_Of_License){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The licenses provided for in this chapter shall expire annually on June -30, and the fee therefor shall not be prorated. - -(Prior Code, § 3-130; Code 1999, § 3-205) - -<div> - -::: phx-name -[Sec 3-206 Minors On Premises Prohibited; -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-206_Minors_On_Premises_Prohibited;_Exceptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 3-108; Code 1999, § 3-206) - -**State Law reference**--- Similar provisions, 37 O.S. §§ 241, 243, 246. - -<div> - -::: phx-name -[Sec 3-207 Sale Of Low-Point Beer To Minors -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-207_Sale_Of_Low-Point_Beer_To_Minors_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 3-111; Ord. No. 486, 6-5-1989; Code 1999, § 3-207) - -**State Law reference**--- Similar provisions, 37 O.S. § 241. - -<div> - -::: phx-name -[Sec 3-208 Employment Of Persons Under 18 Years; -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-208_Employment_Of_Persons_Under_18_Years;_Exceptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. - -(Code 1999, § 3-208) - -**State Law reference**--- Similar provisions, 37 O.S. § 243. - -<div> - -::: phx-name -[Sec 3-209 Sale Of Low-Point Beer Prohibited During Certain Hours; -Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-209_Sale_Of_Low-Point_Beer_Prohibited_During_Certain_Hours;_Exception){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 3-209) - -**State Law reference**--- City powers to regulate hours, Sunday hours, -37 O.S. § 213. - -<div> - -::: phx-name -[Sec 3-210 Transportation Of Low-Point Beer In Moving -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-210_Transportation_Of_Low-Point_Beer_In_Moving_Vehicle){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 3-113; Code 1999, § 3-210) - -**State Law reference**--- Similar provisions, 37 O.S. § 537. - -<div> - -::: phx-name -[Sec 3-211 Minors In Possession Of Low-Point Beer Prohibited While In -Public](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-211_Minors_In_Possession_Of_Low-Point_Beer_Prohibited_While_In_Public){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No person under 21 years of age shall: - -1. Consume; or -2. Possess with the intent to consume; - -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. - -(Prior Code, § 3-112; Code 1999, § 3-211; Ord. No. 31(92), 7-20-1992) - -<div> - -::: phx-name -[Sec 3-212 Consumption Of Low-Point Beer In Public Places; Penalty; -Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-212_Consumption_Of_Low-Point_Beer_In_Public_Places;_Penalty;_Exception){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No person shall consume, or possess with intent to consume, - low-point beer in any public place, or upon any public street. -2. 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. -3. 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. - -(Code 1999, § 3-212; Ord. No. 31(92), 7-20-1992) - -**State Law reference**--- Similar provisions, 37 O.S. § 246. - -<div> - -::: phx-name -[Sec 3-213 Misrepresentation Of Age By False Or Altered -Documentation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-213_Misrepresentation_Of_Age_By_False_Or_Altered_Documentation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 3-213) - -<div> - -::: phx-name -[Sec 3-214 Inspections, Sales Tax -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-214_Inspections,_Sales_Tax_Records){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 3-214) - -<div> - -::: phx-name -[Sec 3-215 Glass Area And Lighting -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-215_Glass_Area_And_Lighting_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 3-109, 3-110; Code 1999, § 3-215) - -<div> - -::: phx-name -[CHAPTER 3-3 PROHIBITING GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC -BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-3_PROHIBITING_GATHERINGS_WHERE_MINORS_ARE_CONSUMING_ALCOHOLIC_BEVERAGES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 3-301 Permitting Or Allowing Gathering Where Minors Are Consuming -Alcoholic -Beverages](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-301_Permitting_Or_Allowing_Gathering_Where_Minors_Are_Consuming_Alcoholic_Beverages){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 3-301 Permitting Or Allowing Gathering Where Minors Are Consuming -Alcoholic -Beverages](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-301_Permitting_Or_Allowing_Gathering_Where_Minors_Are_Consuming_Alcoholic_Beverages){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Definitions*. 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:\ - *\ - Alcohol* means ethyl alcohol, hydrated oxide of ethyl, or spirits of - wine, from whatever source or by whatever process produced.\ - *\ - Alcoholic beverage* 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 - \"alcoholic beverage\" includes intoxicating beverages and low-point - beer as defined herein.\ - *\ - Gathering* 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.\ - *\ - Intoxicating beverage* includes beverages containing more than 3.2 - percent alcohol by weight.\ - *\ - Legal guardian* means: - 1. A person who, by court order, is the guardian of the person of a - minor; or - 2. A public or private agency with whom a minor has been placed by - the court. - - *Low-point beer* 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.\ - *\ - Minor* means any person under 21 years of age.\ - *\ - Parent* means a person who is a natural parent, adoptive parent, - foster parent, or step-parent of another person.\ - *\ - Premises* means any residence or other private property, place, or - premises, including any commercial or business premises.\ - *\ - Response costs* are the costs associated with responses by law - enforcement, fire, and other emergency response providers to a - gathering, including, but not limited to: - 1. 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; - 2. 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; - 3. 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 - 4. Any other allowable costs related to the enforcement of this - section. -2. *Consumption of alcohol by minor in public place, place open to - public, or place not open to the public*. 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. -3. *Hosting, permitting, or allowing a party, gathering, or event where - minors consume alcoholic beverages prohibited*. - 1. 1. 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\' 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. - 2. 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. - - 2. 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. - - 3. 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. - - 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. - - 5. This section shall not apply to any premises licensed by the - state to dispense alcoholic beverages. -4. *Penalty*. Any person violating the provisions of this section shall - be punished pursuant to the terms of section 1-108. -5. *Reservation of legal options*. 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\'s ability to initiate and prosecute any criminal offense - arising out of the same circumstances necessitating the application - of this section. -6. *Local authority.* This section shall not apply where prohibited or - preempted by state or federal law. - -(Code 1999, § 3-301; Ord. No. 601(07), 11-19-2007) - -<div> - -::: {.phx-name .phx-break} -[PART 4 -ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_4_ANIMALS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 4-1 GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_4-1_GENERAL_PROVISIONS){.k-link -target="_blank" style="color:#0000EE"}\ - -**\ -State Law reference**--- City powers to regulate animals, 11 O.S. § -22-115 et seq.\ - -<div> - -::: phx-name -[CHAPTER 4-1 GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_4-1_GENERAL_PROVISIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 4-1A ANIMAL -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1A_ANIMAL_REGULATIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 4-1B REGISTRATION AND VACCINATION OF -ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1B_REGISTRATION_AND_VACCINATION_OF_ANIMALS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 4-1C IMPOUNDMENT -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1C_IMPOUNDMENT_REGULATIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 4-1D CRUELTY TO -ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1D_CRUELTY_TO_ANIMALS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 4-1E RABIES AND ANIMAL -BITES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1E_RABIES_AND_ANIMAL_BITES){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 4-1F VICIOUS -ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1F_VICIOUS_ANIMALS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 4-1G -PENALTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1G_PENALTY){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- City powers to regulate animals, 11 O.S. § -22-115 et seq.\ - -<div> - -::: phx-name -[ARTICLE 4-1A ANIMAL -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1A_ANIMAL_REGULATIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 4-101 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-101_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-102 Running At Large, Owners Cited; -Enclosures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-102_Running_At_Large,_Owners_Cited;_Enclosures){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-103 Control Of Animals Required, At Large And -Sanitation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-103_Control_Of_Animals_Required,_At_Large_And_Sanitation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-104 Keeping And Raising Of -Fowl](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-104_Keeping_And_Raising_Of_Fowl){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-105 Keeping Of -Swine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-105_Keeping_Of_Swine){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-106 Buildings, Structures For Animals; -Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-106_Buildings,_Structures_For_Animals;_Location){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-107 Number Of Animals Restricted, -Kennels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-107_Number_Of_Animals_Restricted,_Kennels){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-108 Noisy Animals; Complaint Procedure For Animals Which Disturb, -Are In Violation Of -Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-108_Noisy_Animals;_Complaint_Procedure_For_Animals_Which_Disturb,_Are_In_Violation_Of_Code){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-109 Keeping Of Wild Or Exotic -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-109_Keeping_Of_Wild_Or_Exotic_Animals){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-110 Pasturing In Public Areas -Illegal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-110_Pasturing_In_Public_Areas_Illegal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-111 Riding On Streets; Racing -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-111_Riding_On_Streets;_Racing_Animals){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-112 Keeping Of -Bees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-112_Keeping_Of_Bees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-113 Use Of Metal -Traps](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-113_Use_Of_Metal_Traps){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-114 Refusal To Deliver Animal To Animal Control -Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-114_Refusal_To_Deliver_Animal_To_Animal_Control_Officer){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-115 Feeding Of Wild -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-115_Feeding_Of_Wild_Animals){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 4-101 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-101_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - *\ - Adequate care* 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.\ - *\ - Adequate food* 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.\ - *\ - Adequate water* 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.\ - *\ - Adequate shelter* 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\'s entry and exit and sturdy - enough to block entry of wind or rain. The shelter shall be small - enough to retain the animal\'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.\ - *\ - Animal* means livestock, creatures, fowl, dogs, cats, or ferrets - except fowl shall not apply to the term \"animal\" when dealing with - rabies issues.\ - *\ - Animal control authority* means the animal control section of the - city or its representative directed by the city manager for the - welfare of the city.\ - *\ - Animal control officer* means the persons employed by the animal - control authority or appointed by the city manager to enforce this - chapter.\ - *\ - Animal shelter* means any premises designated by action of the - council for the purposes of impounding and caring for animals.\ - *\ - At large* or *running at large* means any animal (except cats) not - under the control of a competent person. As applied to animals, the - term \"at large\" or \"running at large\" means: - 1. *Off-premises*. 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\'s property; and - 2. *On-premises*. Any animal (except cats) not confined within the - owner\'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\'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\'s agent shall - not be deemed running at large. - - *Body harness* means a set of straps that extend around the chest - and mid-section of the animal\'s body, so as to not tighten around - the animal\'s neck when the animal pulls at the end of the tether.\ - *\ - Cat* means any member of the feline family.\ - *\ - Collar* means a band of leather or soft material fastened around the - neck of an animal as to attach a license, tag or tether.\ - *\ - Compendium* 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.\ - *\ - Creature* means a domesticated animal used as a household pet such - as a hamster, gerbil or similar animal.\ - *\ - Dangerous animal*. See Vicious canine.\ - *\ - Dog* means any member of the canine family.\ - *\ - Domesticated* means trained or adapted for use in a human - environment.\ - *\ - Domesticated birds* means canaries, parrots, parakeets, myna birds, - peacocks, birds of paradise or other birds tamed to the household or - pertaining thereto.\ - *\ - Enclosure* 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.\ - *\ - Euthanized* means to put to death in a humane manner.\ - *\ - Exposed to rabies* means any animal (except fowl) that has been - bitten by or exposed to any other animal known to have been infected - with rabies.\ - *\ - Fowl* means domesticated chickens, guineas, geese, ducks and - pigeons, peacocks and turkeys.\ - *\ - Harbor* means to feed or shelter an animal at the same location for - five or more consecutive days.\ - *\ - Impound* means to apprehend, catch, trap, net or if necessary, kill - any animal by the animal control authority or its agent.\ - *\ - Impounding facilities* means any premises designed by the city for - the purpose of impounding and caring for all animals found in - violation of this chapter.\ - *\ - Keeper* means any person, family, firm or corporation owning or - actually keeping, having, using or maintaining any of the animals - herein referred to.\ - *\ - Kennel* 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.\ - *\ - License* means annual pet registration required by the city for - animals vaccinated against rabies, issued by the animal control - authority.\ - *\ - Livestock* 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.\ - *\ - Muzzle* 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.\ - *\ - Neuter* means to render a male animal unable to reproduce.\ - *\ - Non choke type* *collars* 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.\ - *\ - Nuisance animal* 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.\ - *\ - Owner* or *keeper* means any person, group of persons or corporation - owning, keeping or harboring animals, fowl or birds.\ - *\ - Provoke* or *provocation* 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\'s body or that any part of the - animal\'s body is pulled, pinched or squeezed by a person.\ - *\ - Rabies policy and procedure* means the \"compendium\" unless - otherwise stated.\ - *\ - Ratproof* means that state of being constructed so as to effectively - prevent entry of rats.\ - *\ - Registration and vaccination for rabies* means the procedure of - vaccinating for rabies and issuing an identification number and an - appropriate certificate issued by a licensed veterinarian.\ - *\ - Restraint* 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.\ - *\ - Sanitary* 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.\ - *\ - Severe injury* means any physical injury that results in bruising, - lacerations, or causing blood to be drawn.\ - *\ - Spay* means to render a female animal incapable to reproduce.\ - *\ - Tag* means any object that bears a registration number and the words - \"registered and vaccinated for rabies\" in the shape and color - recognized by the National Association of State Public Health - Veterinarians which has been issued by a veterinarian.\ - *\ - Tether* means a rope, chain, or cable that is attached to an - animal\'s collar or harness for the purpose of restraining the - animal.\ - *\ - Vaccination* means a treatment with a vaccine to produce an immunity - against disease.\ - *\ - Veterinarian* means a person holding a current state license - qualified to treat diseased or injured animals.\ - *\ - Vicious canine* means: - 1. 1. 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; - 2. 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; - 3. Any canine which, according to the records of the - appropriate authority, has killed a domestic animal or - livestock without provocation while off the owner\'s - property or has caused economic loss to the owner of - livestock as a result of the canine\'s attacking or - harassing the livestock; - 4. Any canine owned or harbored primarily or in part for the - purpose of canine fighting or any canine trained for canine - fighting; or - - 2. All other words, terms or phrases used herein shall be defined - and interpreted according to their common usage. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-102 Running At Large, Owners Cited; -Enclosures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-102_Running_At_Large,_Owners_Cited;_Enclosures){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -Amended by Ord. -[968(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785531_Ordinance%20968.21.pdf){.k-link -target="_blank" style="color:#0000EE"} on 3/15/2021\ -* -::: - -<div> - -::: phx-name -[Sec 4-103 Control Of Animals Required, At Large And -Sanitation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-103_Control_Of_Animals_Required,_At_Large_And_Sanitation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. It is unlawful for any owner or person to: - 1. Fail to prevent any animal (except cats) from running at large - within the city; or - 2. Perform, do or carry out any inhumane treatment against any - animal; or - 3. 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 - 4. Turn any animal at large or release an animal which is - restrained or confined in an enclosure as required by this - chapter; or - 5. Harbor, keep or have possession of a nuisance animal as defined - in this chapter. - -2. 1. 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. - 2. No owner, keeper, or person having control of any animal shall - fail to have in his possession the equipment necessary to remove - his animal\'s solid waste when accompanied by said animal on - public property. - 3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-104 Keeping And Raising Of -Fowl](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-104_Keeping_And_Raising_Of_Fowl){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Keeping of fowl is prohibited in the city limits except on property -zoned A1 or A2. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-105 Keeping Of -Swine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-105_Keeping_Of_Swine){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Keeping and raising of swine and other livestock is prohibited in - the City limits except on property zoned A1 or A2. - 1. Asian pot-bellied swine or other similar small swine located - outside of zone A1 or A2 will be permitted only under the - following conditions: - 1. Each pot-bellied swine shall be a pet that is to be kept for - personal enjoyment and not kept or raised for human - consumption; - 2. Each pot-bellied swine shall be registered through a bona - fide registry firm; - 3. There shall not be more than two pot-bellied swine of more - than three months of age per residence; and - 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -Amended by Ord. -[1032.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692208673_1032.23%20signed.pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/5/2023\ -* -::: - -<div> - -::: phx-name -[Sec 4-106 Buildings, Structures For Animals; -Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-106_Buildings,_Structures_For_Animals;_Location){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. -5. The placement of any structure must comply with all of the - regulations set out within part 12, \"Planning, Zoning, and - Development,\" and the adopted Land Development Code. -6. The construction, materials, and building use must comply with all - of the adopted regulations set out in part 5, \"Building Regulations - and Codes,\" of the Code of Ordinances. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-107 Number Of Animals Restricted, -Kennels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-107_Number_Of_Animals_Restricted,_Kennels){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-108 Noisy Animals; Complaint Procedure For Animals Which Disturb, -Are In Violation Of -Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-108_Noisy_Animals;_Complaint_Procedure_For_Animals_Which_Disturb,_Are_In_Violation_Of_Code){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -Amended by Ord. -[965(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785234_Ordinance%20965.21.pdf){.k-link -target="_blank" style="color:#0000EE"} on 3/1/2021\ -* -::: - -<div> - -::: phx-name -[Sec 4-109 Keeping Of Wild Or Exotic -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-109_Keeping_Of_Wild_Or_Exotic_Animals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-110 Pasturing In Public Areas -Illegal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-110_Pasturing_In_Public_Areas_Illegal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-111 Riding On Streets; Racing -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-111_Riding_On_Streets;_Racing_Animals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-112 Keeping Of -Bees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-112_Keeping_Of_Bees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-113 Use Of Metal -Traps](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-113_Use_Of_Metal_Traps){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The use of metal traps is hereby prohibited inside the city, unless - such traps are used in accordance with the provisions of this - section. -2. For purposes of this section, the term \"metal trap\" 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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-114 Refusal To Deliver Animal To Animal Control -Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-114_Refusal_To_Deliver_Animal_To_Animal_Control_Officer){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-115 Feeding Of Wild -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-115_Feeding_Of_Wild_Animals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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' natural - fear of predators, and promote the spread of diseases and - disease-carrying parasites. -2. Definitions. As used in this section, the following terms shall have - the meanings indicated:[]{.cursor-fix} - 1. BIRD FEEDER. A container, receptacle or apparatus designed for - the feeding of songbirds or other backyard birds. - 2. 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. - 3. PERSON. Any individual, corporation, company, partnership, firm, - association, or political subdivision of this state subject to - municipal jurisdiction. - 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. - 5. 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. -3. Prohibitions: - 1. 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. - 2. Feeding of songbirds and other backyard birds, not including - waterfowl, shall be permitted outdoors at such times and in such - a manner that: - 1. The feeding does not create an unreasonable disturbance with - wildlife; - 2. 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; - 3. 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. -4. PENALTY: Any person violating any of the provisions of this section - shall, upon conviction thereof, be punished as provided in Section - 1-108.\ - -\ - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[1014.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1014.22.pdf){.k-link -target="_blank" style="color:#0000EE"} on 7/18/2022\ -* -::: - -<div> - -::: phx-name -[ARTICLE 4-1B REGISTRATION AND VACCINATION OF -ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1B_REGISTRATION_AND_VACCINATION_OF_ANIMALS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 4-121 Rabies Vaccination Required; Certificate Of Vaccination; -Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-121_Rabies_Vaccination_Required;_Certificate_Of_Vaccination;_Tags){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-122 Registration Of Animal -Pets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-122_Registration_Of_Animal_Pets){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-123 -Register](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-123_Register){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-124 Tag Placed On Collar; Lost Tags; Counterfeit -Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-124_Tag_Placed_On_Collar;_Lost_Tags;_Counterfeit_Tags){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 4-121 Rabies Vaccination Required; Certificate Of Vaccination; -Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-121_Rabies_Vaccination_Required;_Certificate_Of_Vaccination;_Tags){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. Inoculation must be by or under the supervision of a person licensed - to practice veterinary medicine in the state or other states. -4. 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. -5. Ten days shall be permitted for an owner to secure revaccination of - his dog or cat after the previous time has lapsed. -6. 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: - 1. Owner\'s full name, address, zip code and telephone number; - 2. Breed, date of birth, sex and color or marking of the dog or - cat; - 3. Type of vaccine and duration of immunity; - 4. Signature of the veterinarian or other authorized person - administering the vaccination; and - 5. Name of the animal, if applicable. -7. 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. -8. 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\'s consent. -9. 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. -10. 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. - -**State Law reference**--- City\'s power to regulate dogs, 11 O.S. § -22-115. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-122 Registration Of Animal -Pets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-122_Registration_Of_Animal_Pets){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-123 -Register](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-123_Register){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-124 Tag Placed On Collar; Lost Tags; Counterfeit -Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-124_Tag_Placed_On_Collar;_Lost_Tags;_Counterfeit_Tags){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[ARTICLE 4-1C IMPOUNDMENT -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1C_IMPOUNDMENT_REGULATIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 4-131 Impoundment Record, Disposition Of -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-131_Impoundment_Record,_Disposition_Of_Animals){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-132 Breaking Open Shelter; Or Interfering With -Officers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-132_Breaking_Open_Shelter;_Or_Interfering_With_Officers){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-133 Animal Shelter -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-133_Animal_Shelter_Fees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-134 Redemption Of -Animal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-134_Redemption_Of_Animal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-135 Disposition Of Impounded -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-135_Disposition_Of_Impounded_Animals){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 4-131 Impoundment Record, Disposition Of -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-131_Impoundment_Record,_Disposition_Of_Animals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The city may contract with an outside agency to serve as the city\'s - animal shelter or pound to provide for the impoundment of animals - pursuant to this chapter. -2. 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. -3. 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: - 1. Notify the owner at the address shown on city records; or - 2. Leave a notice with a member of the owner\'s family, or other - person residing at the owner\'s home, as shown in the city\'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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-132 Breaking Open Shelter; Or Interfering With -Officers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-132_Breaking_Open_Shelter;_Or_Interfering_With_Officers){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-133 Animal Shelter -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-133_Animal_Shelter_Fees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. -5. In addition to the above fees, any person leaving an animal with the - shelter shall pay a fee as set by the council. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-134 Redemption Of -Animal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-134_Redemption_Of_Animal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-135 Disposition Of Impounded -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-135_Disposition_Of_Impounded_Animals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[ARTICLE 4-1D CRUELTY TO -ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1D_CRUELTY_TO_ANIMALS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 4-141 Cruelty To -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-141_Cruelty_To_Animals){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-142 Poisoning -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-142_Poisoning_Animals){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-143 Encouraging Animals To -Fight](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-143_Encouraging_Animals_To_Fight){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-144 Keeping Of Animals; Mistreatment, -Abandonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-144_Keeping_Of_Animals;_Mistreatment,_Abandonment){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 4-141 Cruelty To -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-141_Cruelty_To_Animals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 21 O.S. § 1685. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-142 Poisoning -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-142_Poisoning_Animals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Cause prostration, convulsion, pain or suffering as a prelude to - death; -2. Cause death; -3. Be proven to be toxic or lethal in the amount present to any man or - domestic animal by competent medical or veterinary authority. - -**State Law reference**--- Similar provisions, 21 O.S. § 1681. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-143 Encouraging Animals To -Fight](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-143_Encouraging_Animals_To_Fight){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 21 O.S. § 1696. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-144 Keeping Of Animals; Mistreatment, -Abandonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-144_Keeping_Of_Animals;_Mistreatment,_Abandonment){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. No person shall willfully or maliciously: - 1. Torture, cruelly beat, injure, maim, mutilate or unjustly - destroy or kill any animal belonging to himself or to another; - 2. 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; - 3. Unjustly administer any poison or noxious drug or substance to - any animal; - 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; - 5. Cause any other person to do any of the above acts; or - 6. 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. -3. 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\'s condition is not improved, another citation - may be issued. -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. -5. 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. -6. 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: - 1. Sufficient wholesome food that is nutritious for the species; - 2. Fresh, potable drinking water; - 3. Medical attention to relieve such animals from suffering; - 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\'s entry and exit, and sturdy - enough to block entry of wind or rain. The shelter shall be - small enough to retain the animal\'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 - 5. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[ARTICLE 4-1E RABIES AND ANIMAL -BITES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1E_RABIES_AND_ANIMAL_BITES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 4-161 Animal Bites; Rabies Examination; -Quarantine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-161_Animal_Bites;_Rabies_Examination;_Quarantine){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-162 Rabies Diagnoses; Quarantine Of City; Time -Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-162_Rabies_Diagnoses;_Quarantine_Of_City;_Time_Limit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-163 Killing Or Removing Rabid Animal -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-163_Killing_Or_Removing_Rabid_Animal_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-164 Reports Of Bite Cases; Report By -Veterinarian](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-164_Reports_Of_Bite_Cases;_Report_By_Veterinarian){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-165 Investigations For Violation Of -Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-165_Investigations_For_Violation_Of_Chapter){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-166 -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-166_Records){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 4-161 Animal Bites; Rabies Examination; -Quarantine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-161_Animal_Bites;_Rabies_Examination;_Quarantine){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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\'s expense any animal, whether on - public or private property, which has bitten or scratched pursuant - to this chapter. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-162 Rabies Diagnoses; Quarantine Of City; Time -Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-162_Rabies_Diagnoses;_Quarantine_Of_City;_Time_Limit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. When a report shows a positive diagnosis of rabies, the city manager - or the city manager\'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\'s designee. -3. 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. -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. -5. The regulations of the state department of health, and all - amendments thereto, relating to quarantine and rabies are adopted - herein by reference. - -**State Law reference**--- State quarantine of animals, 63 O.S. § 1-508. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-163 Killing Or Removing Rabid Animal -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-163_Killing_Or_Removing_Rabid_Animal_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The carcass of any dead animal exposed to rabies shall, upon demand, - be surrendered to the animal control officer. -3. The animal control officer shall direct the disposition of any - animal found to be infected with rabies. -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-164 Reports Of Bite Cases; Report By -Veterinarian](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-164_Reports_Of_Bite_Cases;_Report_By_Veterinarian){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-165 Investigations For Violation Of -Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-165_Investigations_For_Violation_Of_Chapter){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-166 -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-166_Records){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The animal control officer shall keep or cause to be kept: - -1. An accurate and detailed record of the licensing, impounding and - disposition of all animals coming into his custody; and -2. An accurate and detailed record of all bite cases reported to the - city, with a complete report of the investigation of each case. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[ARTICLE 4-1F VICIOUS -ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1F_VICIOUS_ANIMALS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 4-171 Court Proceedings Against Vicious -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-171_Court_Proceedings_Against_Vicious_Animals){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-172 Duty To Register Incoming Vicious -Canines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-172_Duty_To_Register_Incoming_Vicious_Canines){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-173 Owner\'s -Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-173_Owner's_Responsibility){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-174 Actions On Failure To -Comply](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-174_Actions_On_Failure_To_Comply){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-175 Exemptions For Canines That Are -Provoked](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-175_Exemptions_For_Canines_That_Are_Provoked){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-176 Affidavit Of -Complaint](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-176_Affidavit_Of_Complaint){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 4-177 Determination -Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-177_Determination_Hearing){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 4-171 Court Proceedings Against Vicious -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-171_Court_Proceedings_Against_Vicious_Animals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-172 Duty To Register Incoming Vicious -Canines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-172_Duty_To_Register_Incoming_Vicious_Canines){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-173 Owner\'s -Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-173_Owner's_Responsibility){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -While on the owner\'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. - -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. - -The canine may be off the owner\'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. - -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 \"Beware of Dog.\" In addition, a similar sign is -required to be posted on the pen or structure of the canine. - -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: - -1. Two color photographs of the canine clearly showing the color and - approximate size of the canine; -2. The fees required for a dog license as set forth in this chapter, or - evidence of the fees having been paid; and -3. An additional fee as set by the council for each vicious canine. - -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. - -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. - -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. - -The owner of any canine determined to be vicious shall obtain a policy -of liability insurance, such as homeowner\'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. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[821(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601747214_Ordinance%20No.%20821%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/16/2016\ -Amended by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-174 Actions On Failure To -Comply](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-174_Actions_On_Failure_To_Comply){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-175 Exemptions For Canines That Are -Provoked](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-175_Exemptions_For_Canines_That_Are_Provoked){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-176 Affidavit Of -Complaint](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-176_Affidavit_Of_Complaint){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Upon receipt of an \"Affidavit of Complaint\" 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[Sec 4-177 Determination -Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-177_Determination_Hearing){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: phx-name -[ARTICLE 4-1G -PENALTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1G_PENALTY){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 4-181 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-181_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 4-181 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-181_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2020\ -* -::: - -<div> - -::: {.phx-name .phx-break} -[PART 5 BUILDING REGULATIONS AND -CODES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_5_BUILDING_REGULATIONS_AND_CODES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 5-1 LICENSES AND FEES, PERMITS, BOND AND -INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-1_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 5-2 BUILDING CODE AND -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-2_BUILDING_CODE_AND_REGULATIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 5-3 PLUMBING CODE AND -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-3_PLUMBING_CODE_AND_REGULATIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 5-4 ELECTRIC -CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-4_ELECTRIC_CODE){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 5-5 MECHANICAL -CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-5_MECHANICAL_CODE){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 5-6 GAS CODE AND -PIPELINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-6_GAS_CODE_AND_PIPELINES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 5-7 FAIR -HOUSING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-7_FAIR_HOUSING){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 5-8 OUTDOOR LIGHT -FIXTURES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-8_OUTDOOR_LIGHT_FIXTURES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 5-9 FUEL GAS -CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-9_FUEL_GAS_CODE){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 5-10 ROOFING -CONTRACTORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-10_ROOFING_CONTRACTORS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 5-11 STORM -SHELTERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-11_STORM_SHELTERS){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- General authority to regulate buildings, 11 -O.S. § 21-101.\ - -<div> - -::: phx-name -[CHAPTER 5-1 LICENSES AND FEES, PERMITS, BOND AND -INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-1_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 5-1A LICENSES AND FEES, PERMITS, BOND AND -INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1A_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 5-1B PERMITS AND -INSPECTIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1B_PERMITS_AND_INSPECTIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 5-1C OTHER -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1C_OTHER_REGULATIONS){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 5-1A LICENSES AND FEES, PERMITS, BOND AND -INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1A_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-101 License Required For Contractors And -Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-101_License_Required_For_Contractors_And_Journeymen){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-102 Fees -Specified](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-102_Fees_Specified){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-103 Term Of Initial -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-103_Term_Of_Initial_License){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-104 Licensee Prohibited From Engaging In Activities Beyond Scope -Of License And -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-104_Licensee_Prohibited_From_Engaging_In_Activities_Beyond_Scope_Of_License_And_Restrictions){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 5-101 License Required For Contractors And -Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-101_License_Required_For_Contractors_And_Journeymen){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -All contractors, journeymen and apprentices whose activities are -regulated by any of the city\'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. - -(Code 1999, § 5-101) - -<div> - -::: phx-name -[Sec 5-102 Fees -Specified](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-102_Fees_Specified){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-102) - -<div> - -::: phx-name -[Sec 5-103 Term Of Initial -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-103_Term_Of_Initial_License){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The initial license or registration issued as provided for herein shall -be for a term of one year. - -(Code 1999, § 5-103) - -<div> - -::: phx-name -[Sec 5-104 Licensee Prohibited From Engaging In Activities Beyond Scope -Of License And -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-104_Licensee_Prohibited_From_Engaging_In_Activities_Beyond_Scope_Of_License_And_Restrictions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-104) - -<div> - -::: phx-name -[ARTICLE 5-1B PERMITS AND -INSPECTIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1B_PERMITS_AND_INSPECTIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-111 Building -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-111_Building_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-112 Expiration Of -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-112_Expiration_Of_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-113 Plumbing, Electrical, Mechanical And Other -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-113_Plumbing,_Electrical,_Mechanical_And_Other_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-114 Applicability Of Permit Requirements To Federal And State -Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-114_Applicability_Of_Permit_Requirements_To_Federal_And_State_Agencies){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-115 Schedule Of Permit And Inspection -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-115_Schedule_Of_Permit_And_Inspection_Fees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-116 Prepayment For Fees -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-116_Prepayment_For_Fees_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-117 Plans, -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-117_Plans,_Application){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-118 Display Of -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-118_Display_Of_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-119 -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-119_Revocation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-120 Exceptions From Permit -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-120_Exceptions_From_Permit_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 5-111 Building -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-111_Building_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Whenever any building, structure, facility, or other appurtenances, is -to be erected, constructed, altered, enlarged, improved, moved or -removed, as provided in the city\'s building code, a building permit -shall be obtained from the city. - -(Prior Code, § 5-66; Code 1999, § 5-121) - -<div> - -::: phx-name -[Sec 5-112 Expiration Of -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-112_Expiration_Of_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-66, in part; Code 1999, § 5-122) - -<div> - -::: phx-name -[Sec 5-113 Plumbing, Electrical, Mechanical And Other -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-113_Plumbing,_Electrical,_Mechanical_And_Other_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-66, in part; Code 1999, § 5-123) - -<div> - -::: phx-name -[Sec 5-114 Applicability Of Permit Requirements To Federal And State -Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-114_Applicability_Of_Permit_Requirements_To_Federal_And_State_Agencies){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-124) - -<div> - -::: phx-name -[Sec 5-115 Schedule Of Permit And Inspection -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-115_Schedule_Of_Permit_And_Inspection_Fees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-68, in part; Code 1999, § 5-125) - -<div> - -::: phx-name -[Sec 5-116 Prepayment For Fees -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-116_Prepayment_For_Fees_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s -prepaid account does not have a sufficient balance to cover the cost of -the requested inspection. - -(Prior Code, §§ 5-1, 5-2; Code 1999, § 5-126; Ord. No. 99(94), -11-7-1994) - -<div> - -::: phx-name -[Sec 5-117 Plans, -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-117_Plans,_Application){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. All plans and drawings submitted shall be to scale and provide the - information on the form required by the city. -4. It is unlawful to erase, alter or modify any plans bearing the - approval of the city without the consent of the city. -5. 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. -6. 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. - -(Prior Code, §§ 5-55---5-57; Code 1999, § 5-127) - -<div> - -::: phx-name -[Sec 5-118 Display Of -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-118_Display_Of_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 5-68; Code 1999, § 5-128) - -<div> - -::: phx-name -[Sec 5-119 -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-119_Revocation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-69; Code 1999, § 5-129) - -<div> - -::: phx-name -[Sec 5-120 Exceptions From Permit -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-120_Exceptions_From_Permit_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-55, in part; Code 1999, § 5-130) - -<div> - -::: phx-name -[ARTICLE 5-1C OTHER -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1C_OTHER_REGULATIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-131 Right To Enforce And Stop -Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-131_Right_To_Enforce_And_Stop_Construction){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-132 Cases Of -Urgency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-132_Cases_Of_Urgency){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-133 Power To Make -Rulings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-133_Power_To_Make_Rulings){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-134 Power To Call Upon Police Or Fire -Department](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-134_Power_To_Call_Upon_Police_Or_Fire_Department){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-135 Power To -Enter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-135_Power_To_Enter){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-136 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-136_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-137 Relief In The -Courts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-137_Relief_In_The_Courts){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-138 Effect Of Violation By Corporate Officers And -Agents](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-138_Effect_Of_Violation_By_Corporate_Officers_And_Agents){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-139 Conviction To Be Deemed Cause For Revocation Of Licenses, -Certificates](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-139_Conviction_To_Be_Deemed_Cause_For_Revocation_Of_Licenses,_Certificates){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 5-131 Right To Enforce And Stop -Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-131_Right_To_Enforce_And_Stop_Construction){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-29; Code 1999, § 5-141) - -<div> - -::: phx-name -[Sec 5-132 Cases Of -Urgency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-132_Cases_Of_Urgency){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Decisions of the building official in cases where failure to carry out -his orders would endanger life and property shall be absolute and final. - -(Prior Code, § 5-31; Code 1999, § 5-142) - -<div> - -::: phx-name -[Sec 5-133 Power To Make -Rulings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-133_Power_To_Make_Rulings){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-32; Code 1999, § 5-143) - -<div> - -::: phx-name -[Sec 5-134 Power To Call Upon Police Or Fire -Department](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-134_Power_To_Call_Upon_Police_Or_Fire_Department){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-33; Code 1999, § 5-144) - -<div> - -::: phx-name -[Sec 5-135 Power To -Enter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-135_Power_To_Enter){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The building official may enter any building or structure whether -completed or in the course of construction for the purpose of making -inspections. - -(Prior Code, § 5-34; Code 1999, § 5-145) - -<div> - -::: phx-name -[Sec 5-136 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-136_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-5; Code 1999, § 5-146) - -<div> - -::: phx-name -[Sec 5-137 Relief In The -Courts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-137_Relief_In_The_Courts){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-6; Code 1999, § 5-147) - -<div> - -::: phx-name -[Sec 5-138 Effect Of Violation By Corporate Officers And -Agents](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-138_Effect_Of_Violation_By_Corporate_Officers_And_Agents){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-7; Code 1999, § 5-148) - -<div> - -::: phx-name -[Sec 5-139 Conviction To Be Deemed Cause For Revocation Of Licenses, -Certificates](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-139_Conviction_To_Be_Deemed_Cause_For_Revocation_Of_Licenses,_Certificates){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-8; Code 1999, § 5-149) - -<div> - -::: phx-name -[CHAPTER 5-2 BUILDING CODE AND -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-2_BUILDING_CODE_AND_REGULATIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 5-2A BUILDING -CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2A_BUILDING_CODE){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 5-2B MOVING AND RELOCATING -BUILDINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2B_MOVING_AND_RELOCATING_BUILDINGS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 5-2C SIGN -CONTRACTORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2C_SIGN_CONTRACTORS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 5-2D AWNINGS, CARPORTS AND PATIO -COVERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2D_AWNINGS,_CARPORTS_AND_PATIO_COVERS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 5-2E -FENCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2E_FENCES){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 5-2F SWIMMING -POOLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2F_SWIMMING_POOLS){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 5-2A BUILDING -CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2A_BUILDING_CODE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-201 -Adoption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-201_Adoption){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-202 -Amendments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-202_Amendments){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-203 Provisions Declared To Be Minimum -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-203_Provisions_Declared_To_Be_Minimum_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -[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](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){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-205 Smoke Detectors Required In Apartment -Dwellings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-205_Smoke_Detectors_Required_In_Apartment_Dwellings){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-206 Adoption Of Standard Specifications For The Construction Of -Water And -Sewer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-206_Adoption_Of_Standard_Specifications_For_The_Construction_Of_Water_And_Sewer){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-207 Adoption Of Paving, Sidewalk, And Driveway -Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-207_Adoption_Of_Paving,_Sidewalk,_And_Driveway_Specifications){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-208 -Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-208_Enforcement){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-209 Liquefied Petroleum Gas Code Adopted, -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-209_Liquefied_Petroleum_Gas_Code_Adopted,_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-210 Private Water Wells -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-210_Private_Water_Wells_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-211 House, Building Numbering -System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-211_House,_Building_Numbering_System){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-212 Building Standards For Construction Of Residential Dwellings -Within Tornado Damage -Area](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-212_Building_Standards_For_Construction_Of_Residential_Dwellings_Within_Tornado_Damage_Area){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 5-201 -Adoption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-201_Adoption){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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 \"building code.\" 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. - -(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) - -**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[737(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323569_Ordinance%20No.%20737%20(13).pdf){.k-link -target="_blank" style="color:#0000EE"} on 2/4/2013\ -Amended by Ord. -[856(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333738_Ordinance%20No.%20856(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-202 -Amendments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-202_Amendments){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The following additions, amendments or deletions are made to the - building code adopted herein:\ - Section 101.1. Insert: The City of Moore, Oklahoma.\ - 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.\ - 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.\ - Section 113.1. Insert: \"Board of Adjustment.\"\ - Delete: \"Board of Appeals.\"\ - Insert: at end of second sentence: The appeals procedure shall be as - specified in article B, sections 12-123 et seq., of the city\'s - zoning ordinance.\ - Section 114.4. Delete entire section and insert: Penalties shall be - set forth in section 1-108 of the City Code.\ - 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. -2. 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: - 1. *General*. Stress analysis for any structural element considered - by the building official to be unsafe shall be submitted for - approval. - 2. *Commercial foundations*. 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. - 3. *Concrete slab floors*. All concrete slab floors shall meet the - following minimum standards: - 1. All concrete slabs on grade shall be nominal four inches - think on a four-inch sand base. - 2. All concrete shall be minimum 2,500 psi compressive - strength. - 3. It is recommended that all concrete slabs shall be - reinforced with 66/.1010 wire mesh. - 4. All slabs on grade shall be either waterproof concrete or - shall have 0.006 inch vapor barrier under slab. - 5. All concrete floors shall be a minimum of eight inches above - finished grade. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[737(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323569_Ordinance%20No.%20737%20(13).pdf){.k-link -target="_blank" style="color:#0000EE"} on 2/4/2013\ -Amended by Ord. -[856(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333738_Ordinance%20No.%20856(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-203 Provisions Declared To Be Minimum -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-203_Provisions_Declared_To_Be_Minimum_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-203) - -<div> - -::: phx-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](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Adoption*. 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 \"residential building code.\" 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. -2. *Amendments*. The following sections of the dwelling code are hereby - revised as follows:\ - Section 109.5. Prefabricated Construction. Insert: \[Modular - construction, manufactured housing and any other prefabricated - construction is not permitted in any zoning district within the city - limits, unless approved by the board of adjustment as provided in - section 12-125 of the City Code\].\ - Section R401.1.2. Addition: Insert after first sentence: Any - foundation approved by the Federal Housing Administration (FHA) - shall be accepted.\ - 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.\ - 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.\ - Section Addition:\ - Part IV Energy Construction.\ - Part V Mechanical.\ - Part VI Fuel Gas.\ - Part VII Plumbing.\ - Part VIII Electrical. -3. *Adoption of residential wind code*. 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: - 1. Roof sheathing (OSB or plywood) shall be nailed with 8d ring - shank (0.131\" by 2.5\") or 10d (0.148\" by 3\") nails on - four-inch on center along the edges and six-inch on center in - the field. Dimensional lumber decking is not allowed. - 2. 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. - 3. 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. - 4. 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. - 5. Structural sheathing panel (OSB or plywood) shall be required - for gable end walls. - 6. Hurricane clip or framing anchor shall be required on all rafter - to wall connections. - 7. The upper and lower story wall sheathing shall be nailed to the - common rim board. - 8. 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. - 9. Nailing of wall sheathing (OSB or plywood) shall be increased to - 8d ring shank (0.131\" by 2.5\") or 10d (0.148\" by 3\") nails - on four-inch on center along the edges and six-inch on center in - the field. - 10. 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\" by 2.5\") or - 10d (0.148\" by 3\") nails on four-inch on center along both the - top and bottom edges of the rim board. - 11. Garage doors shall be rated to 135 mph wind or above. - 12. Exterior wall studs shall be 16-inch on center. -4. *Building foundation regulations*. 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: - 1. *General*. Stress analysis for any structural element considered - by the building official to be unsafe shall be submitted for - approval. - 2. *Foundations and footings*. All exterior walls shall have - footings of the following minimum standards: - 1. Minimum depths of concrete footings on exterior walls: 18 - inches. - 2. Minimum width for frame walls: ten inches. - 3. Minimum width for veneer walls: 12 inches. - 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. - 5. All footings shall be poured in a minimum of six inches into - undisturbed soil. - 6. Where pier and grade beam type of foundation is proposed for - residential construction, design of grade beam and piers - shall be: - 1. *Piers*. - 1. Diameter: ten inches minimum. - 2. Depth: 24 inches minimum. - 3. Spacing: eight feet on center with one No. 5 bar for - full length of pier and extending into beam. - 2. *Grade beam, minimum width.* - 1. Frame: six inches, except that an eight-inch beam - may be flared to be covered by base trim. - 2. Masonry or masonry veneer: eight inches. - 3. 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. - 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 - 3. *Concrete slab floors*. All concrete slab floors shall meet the - following minimum standards: - 1. All concrete slabs on grade shall be nominal four inches - think on a four-inch sand base. - 2. All concrete shall be minim 2,500 psi compressive strength. - 3. It is recommended that all concrete slabs shall be - reinforced with 66/.1010 wire mesh. - 4. All slabs on grade shall be either waterproof concrete or - shall have 0.006 inch vapor barrier under slab. - 5. All concrete floors shall be a minimum of eight inches above - finished grade. - -(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) - -**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[724(12)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323047_Ordinance%20No.%20724%20(12).pdf){.k-link -target="_blank" style="color:#0000EE"} on 9/4/2012\ -Amended by Ord. -[768(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324422_Ordinance%20No.%20768%20(14).pdf){.k-link -target="_blank" style="color:#0000EE"} on 3/17/2014\ -Amended by Ord. -[857(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333851_Ordinance%20No.%20857(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-205 Smoke Detectors Required In Apartment -Dwellings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-205_Smoke_Detectors_Required_In_Apartment_Dwellings){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The smoke detectors required by this section shall be approved prior - to their installation but shall be powered by the following methods, - to wit: - 1. 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 - 2. 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. -3. 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. -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. - -(Prior Code, § 5-4; Code 1999, § 5-205) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[857(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333851_Ordinance%20No.%20857(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-206 Adoption Of Standard Specifications For The Construction Of -Water And -Sewer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-206_Adoption_Of_Standard_Specifications_For_The_Construction_Of_Water_And_Sewer){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A certain document, one copy of which is on file in the office of the -city clerk, being designated as the \"City of Moore Standard -Specifications for the Construction of Water and Sewer,\" 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. - -(Code 1999, § 5-206; Ord. No. 512(90), 4-2-1990) - -**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. - -<div> - -::: phx-name -[Sec 5-207 Adoption Of Paving, Sidewalk, And Driveway -Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-207_Adoption_Of_Paving,_Sidewalk,_And_Driveway_Specifications){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A certain document commonly known as \"Standard P.C.C. Paving Details, -Standard Driveway and Sidewalk Details and Standard A.C. Paving -Details,\" 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. - -(Code 1999, § 5-207; Ord. No. 513(90), 4-2-1990) - -**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. - -<div> - -::: phx-name -[Sec 5-208 -Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-208_Enforcement){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The official designated as being responsible for the enforcement of the -city\'s building codes shall be the building official. - -(Code 1999, § 5-208) - -<div> - -::: phx-name -[Sec 5-209 Liquefied Petroleum Gas Code Adopted, -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-209_Liquefied_Petroleum_Gas_Code_Adopted,_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Prior Code, §§ 9-83, 9-84; Code 1999, § 5-209) - -**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. - -<div> - -::: phx-name -[Sec 5-210 Private Water Wells -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-210_Private_Water_Wells_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 23-26; Code 1999, § 5-210) - -<div> - -::: phx-name -[Sec 5-211 House, Building Numbering -System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-211_House,_Building_Numbering_System){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Prior Code, § 20-93; Code 1999, § 5-211) - -<div> - -::: phx-name -[Sec 5-212 Building Standards For Construction Of Residential Dwellings -Within Tornado Damage -Area](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-212_Building_Standards_For_Construction_Of_Residential_Dwellings_Within_Tornado_Damage_Area){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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 \"tornado - damage area.\" -2. 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: - 1. 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; - 2. 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 - 3. Each planned residential dwelling structure is required to have - an attached garage. -3. 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. -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. -5. 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. - -(Code 1999, § 5-212; Ord. No. 262(99), 8-16-1999; Ord. No. 751(13), -7-1-2013) - -<div> - -::: phx-name -[ARTICLE 5-2B MOVING AND RELOCATING -BUILDINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2B_MOVING_AND_RELOCATING_BUILDINGS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-221 Permit Required To Move -Building](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-221_Permit_Required_To_Move_Building){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-222 Permit -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-222_Permit_Fees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-223 Application And Bond -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-223_Application_And_Bond_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-224 Issuance Or Denial Of -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-224_Issuance_Or_Denial_Of_Permit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-225 Interference With Trees And -Fixtures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-225_Interference_With_Trees_And_Fixtures){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-226 Interference With Poles And -Wires](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-226_Interference_With_Poles_And_Wires){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-227 Safety Precautions And Protection Of -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-227_Safety_Precautions_And_Protection_Of_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-228 Time -Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-228_Time_Limit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-229 Relocation Of Used Residential -Buildings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-229_Relocation_Of_Used_Residential_Buildings){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 5-221 Permit Required To Move -Building](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-221_Permit_Required_To_Move_Building){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-331; Code 1999, § 5-221) - -<div> - -::: phx-name -[Sec 5-222 Permit -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-222_Permit_Fees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-222) - -<div> - -::: phx-name -[Sec 5-223 Application And Bond -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-223_Application_And_Bond_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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. - -(Prior Code, §§ 5-332, 5-334; Code 1999, § 5-223) - -<div> - -::: phx-name -[Sec 5-224 Issuance Or Denial Of -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-224_Issuance_Or_Denial_Of_Permit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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 \"REFUSED.\" -2. 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. -3. 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. - -(Code 1999, § 5-224) - -<div> - -::: phx-name -[Sec 5-225 Interference With Trees And -Fixtures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-225_Interference_With_Trees_And_Fixtures){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-225) - -<div> - -::: phx-name -[Sec 5-226 Interference With Poles And -Wires](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-226_Interference_With_Poles_And_Wires){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\' 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. - -(Code 1999, § 5-226) - -<div> - -::: phx-name -[Sec 5-227 Safety Precautions And Protection Of -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-227_Safety_Precautions_And_Protection_Of_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-335, in part; Code 1999, § 5-227) - -<div> - -::: phx-name -[Sec 5-228 Time -Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-228_Time_Limit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-228) - -<div> - -::: phx-name -[Sec 5-229 Relocation Of Used Residential -Buildings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-229_Relocation_Of_Used_Residential_Buildings){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No residential dwelling building or structure shall be relocated in any -zoning district within the city. - -(Code 1999, § 5-229; Ord. No. 175(96), 12-2-1996) - -<div> - -::: phx-name -[ARTICLE 5-2C SIGN -CONTRACTORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2C_SIGN_CONTRACTORS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-241 Regulations -Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-241_Regulations_Established){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-242 License Required, Fee, -Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-242_License_Required,_Fee,_Term){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-243 -Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-243_Transfer){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-244 -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-244_Suspension){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-245 -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-245_Revocation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-246 Sign Contractor\'s Bond Prerequisite To -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-246_Sign_Contractor's_Bond_Prerequisite_To_Issuance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-247 -Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-247_Inspection){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-248 Designating -Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-248_Designating_Sign){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 5-241 Regulations -Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-241_Regulations_Established){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -There are hereby established regulations pertaining to the construction -of signs, licensing of sign contractors, and establishment of a fee -schedule for sign permits. - -(Prior Code, § 5-371; Code 1999, § 5-241) - -<div> - -::: phx-name -[Sec 5-242 License Required, Fee, -Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-242_License_Required,_Fee,_Term){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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. - -(Prior Code, § 5-372; Code 1999, § 5-242) - -<div> - -::: phx-name -[Sec 5-243 -Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-243_Transfer){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-373; Code 1999, § 5-243) - -<div> - -::: phx-name -[Sec 5-244 -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-244_Suspension){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-374; Code 1999, § 5-244) - -<div> - -::: phx-name -[Sec 5-245 -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-245_Revocation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-375; Code 1999, § 5-245) - -<div> - -::: phx-name -[Sec 5-246 Sign Contractor\'s Bond Prerequisite To -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-246_Sign_Contractor's_Bond_Prerequisite_To_Issuance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No sign contractor\'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\'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. - -(Prior Code, § 5-376; Code 1999, § 5-246) - -<div> - -::: phx-name -[Sec 5-247 -Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-247_Inspection){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The building official shall inspect at such times as he deems necessary -each sign regulated by this article. - -(Prior Code, § 5-377; Code 1999, § 5-247) - -<div> - -::: phx-name -[Sec 5-248 Designating -Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-248_Designating_Sign){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-378; Code 1999, § 5-248) - -<div> - -::: phx-name -[ARTICLE 5-2D AWNINGS, CARPORTS AND PATIO -COVERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2D_AWNINGS,_CARPORTS_AND_PATIO_COVERS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-251 -Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-251_Definition){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-252 Construction -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-252_Construction_Restrictions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-253 Permits And -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-253_Permits_And_Fees){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 5-251 -Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-251_Definition){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-316; Code 1999, § 5-251) - -<div> - -::: phx-name -[Sec 5-252 Construction -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-252_Construction_Restrictions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. 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; -2. 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; -3. 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; -4. Construction details must conform to the following: - 1. The structure must be designed to support a load of 20 pounds - per square foot in addition to the weight of the structure; - 2. 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; - 3. 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; - 4. All concrete in footings shall be 2,000 pounds per square inch - quality; - 5. Roof slope shall be at least 3/16 -inch per foot; and - 6. All bolts and screws used in the structure shall be cadmium - plated or equal. - -(Prior Code, § 5-317; Code 1999, § 5-252; Ord. No. 131(95), 11-2-1995) - -<div> - -::: phx-name -[Sec 5-253 Permits And -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-253_Permits_And_Fees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. A permit must be obtained from the city clerk upon written - application showing compliance with this article and other - applicable ordinances of the city. -2. 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. -3. 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. - -(Prior Code, § 5-318; Code 1999, § 5-253) - -<div> - -::: phx-name -[ARTICLE 5-2E -FENCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2E_FENCES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-261 Short -Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-261_Short_Title){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-262 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-262_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-263 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-263_Application){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-264 Bond Prerequisite To -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-264_Bond_Prerequisite_To_Issuance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-265 -Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-265_Transfer){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-266 -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-266_Suspension){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-267 -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-267_Revocation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-268 Expiration; -Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-268_Expiration;_Renewal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-269 Permits -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-269_Permits_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-270 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-270_Application){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-271 -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-271_Issuance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-272 -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-272_Fees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-273 -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-273_Revocation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-274 -Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-274_Inspection){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-275 Zoning -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-275_Zoning_Restrictions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-276 Designating -Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-276_Designating_Sign){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 5-261 Short -Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-261_Short_Title){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -This article shall hereafter be known and cited as the \"fence -regulations\" of the city. - -(Prior Code, § 6-131; Code 1999, § 5-261) - -<div> - -::: phx-name -[Sec 5-262 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-262_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Erect* means to build, construct, attach, hang, place or affix in any -manner all fences as defined in this section. - -*Fence* 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. - -*Fence contractor* means any person engaged in the business of -constructing, installing, erecting, repairing or servicing fences as -defined in this section. - -(Prior Code, § 6-132; Code 1999, § 5-262) - -<div> - -::: phx-name -[Sec 5-263 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-263_Application){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Name of the applicant; -2. Address of the applicant; -3. Number of years\' experience in the fence business; -4. Employment of the applicant over the last ten years; -5. A record of any convictions of such applicant on any felony criminal - charge; -6. Three references; and -7. Any other items deemed desirable by the building official. - -(Prior Code, § 6-135; Code 1999, § 5-263) - -<div> - -::: phx-name -[Sec 5-264 Bond Prerequisite To -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-264_Bond_Prerequisite_To_Issuance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No fence contractor\'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\'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. - -(Prior Code, § 6-136; Code 1999, § 5-264) - -<div> - -::: phx-name -[Sec 5-265 -Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-265_Transfer){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -It is unlawful for any person holding a fence contractor\'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. - -(Prior Code, § 6-138; Code 1999, § 5-265) - -<div> - -::: phx-name -[Sec 5-266 -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-266_Suspension){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-139; Code 1999, § 5-266) - -<div> - -::: phx-name -[Sec 5-267 -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-267_Revocation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-140; Code 1999, § 5-267) - -<div> - -::: phx-name -[Sec 5-268 Expiration; -Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-268_Expiration;_Renewal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. A fence contractor\'s license shall expire annually. No reduction in - fee for a partial year shall be made. -2. 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. - -(Prior Code, § 6-141; Code 1999, § 5-268) - -<div> - -::: phx-name -[Sec 5-269 Permits -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-269_Permits_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -It is unlawful for any person acting as a fence contractor or such -contractor\'s employee to construct, erect, install, alter, or locate -within the city any fence as defined in this article without the -contractor\'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. - -(Prior Code, § 6-142; Code 1999, § 5-269) - -<div> - -::: phx-name -[Sec 5-270 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-270_Application){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Application for fence erection permits shall be made upon blanks -provided by the building official and shall contain or have attached the -following information: - -1. Name and address of the applicant; -2. Location of lot upon which the fence is to be constructed; -3. The name of the person erecting such fence; and -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. - -(Prior Code, § 6-143; Code 1999, § 5-270) - -<div> - -::: phx-name -[Sec 5-271 -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-271_Issuance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-144; Code 1999, § 5-271) - -<div> - -::: phx-name -[Sec 5-272 -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-272_Fees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Every applicant, before being granted a fence erection permit under this -article shall pay to the city clerk the permit fee for each fence. - -(Prior Code, § 6-145; Code 1999, § 5-272) - -<div> - -::: phx-name -[Sec 5-273 -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-273_Revocation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-146; Code 1999, § 5-273) - -<div> - -::: phx-name -[Sec 5-274 -Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-274_Inspection){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The building official shall inspect at such times as he deems necessary -each fence regulated by this article. - -(Prior Code, § 6-147; Code 1999, § 5-274) - -<div> - -::: phx-name -[Sec 5-275 Zoning -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-275_Zoning_Restrictions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Each fence shall be defined as a structure and shall come under the - regulations of any structure in the zoning ordinances. -2. 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. - -(Prior Code,§ 6-148; Code 1999, § 5-275) - -<div> - -::: phx-name -[Sec 5-276 Designating -Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-276_Designating_Sign){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-149; Code 1999, § 5-276) - -<div> - -::: phx-name -[ARTICLE 5-2F SWIMMING -POOLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2F_SWIMMING_POOLS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-281 Short -Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-281_Short_Title){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-282 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-282_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-283 Application For -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-283_Application_For_License){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-284 Bond Prerequisite To -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-284_Bond_Prerequisite_To_Issuance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-285 -Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-285_Transfer){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-286 -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-286_Suspension){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-287 Revocation Of -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-287_Revocation_Of_License){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-288 Expiration; -Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-288_Expiration;_Renewal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-289 Permits -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-289_Permits_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-290 Application For -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-290_Application_For_Permit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-291 -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-291_Issuance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-292 -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-292_Fees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-293 Revocation Of -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-293_Revocation_Of_Permit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-294 -Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-294_Inspection){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-295 Zoning Restrictions And -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-295_Zoning_Restrictions_And_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-296 Designating -Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-296_Designating_Sign){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-297 -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-297_Penalties){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 5-281 Short -Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-281_Short_Title){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -This article shall hereafter be known and cited as the \"swimming pool -regulations\" of the city. - -(Code 1999, § 5-281; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-282 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-282_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Install* means to build, construct, or erect in any manner all swimming -pools as defined in this section. - -*Swimming pool* 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. - -*Swimming pool contractor* means any person engaged in the business of -constructing, installing, repairing or servicing swimming pools as -defined in this section. - -(Code 1999, § 5-282; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-283 Application For -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-283_Application_For_License){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s schedule of fees. Such application shall be -filed with the building official of the city and information furnished -thereon shall include: - -1. Name of the applicant; -2. Address of the applicant; -3. Number of years\' experience in the swimming pool business; -4. Employment of the applicant over the last ten years; -5. A record of any convictions of such applicant on any felony criminal - charge; -6. Three references; and -7. Any other items deemed desirable by the building official. - -(Code 1999, § 5-283; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-284 Bond Prerequisite To -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-284_Bond_Prerequisite_To_Issuance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No swimming pool contractor\'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\'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. - -(Code 1999, § 5-284; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-285 -Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-285_Transfer){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -It is unlawful for any person holding a swimming pool contractor\'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. - -(Code 1999, § 5-285; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-286 -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-286_Suspension){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-286; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-287 Revocation Of -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-287_Revocation_Of_License){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-287; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-288 Expiration; -Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-288_Expiration;_Renewal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. A swimming pool contractor\'s license shall expire annually. No - reduction in fee for a partial year shall be made. -2. 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. - -(Code 1999, § 5-288; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-289 Permits -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-289_Permits_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -It is unlawful for any person acting as a swimming pool contractor or -such contractor\'s employee to construct, install, alter, or locate -within the city any swimming pool as defined in this article without the -contractor\'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. - -(Code 1999, § 5-289; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-290 Application For -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-290_Application_For_Permit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Name and address of the applicant; -2. Location of lot upon which the swimming pool is to be constructed; -3. The name of the person erecting such swimming pool; and -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. - -(Code 1999, § 5-290; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-291 -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-291_Issuance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-291; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-292 -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-292_Fees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-292; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-293 Revocation Of -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-293_Revocation_Of_Permit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-293; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-294 -Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-294_Inspection){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The building official shall inspect at such times as he deems necessary -each swimming pool regulated by this article. - -(Code 1999, § 5-294; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-295 Zoning Restrictions And -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-295_Zoning_Restrictions_And_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Each swimming pool shall be defined as a structure and shall come - under the regulations of any structure in the zoning ordinances. -2. 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. -3. 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. -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. -5. 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. - -(Code 1999, § 5-295; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-296 Designating -Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-296_Designating_Sign){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-296; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[Sec 5-297 -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-297_Penalties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-297; Ord. No. 589(07), 7-16-2007) - -<div> - -::: phx-name -[CHAPTER 5-3 PLUMBING CODE AND -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-3_PLUMBING_CODE_AND_REGULATIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 5-3A GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3A_GENERAL_PROVISIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 5-3B PLUMBERS\' -REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3B_PLUMBERS'_REGISTRATION){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- The Plumbing License Law of 1955, 59 O.S. § -1001 et seq.\ - -<div> - -::: phx-name -[ARTICLE 5-3A GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3A_GENERAL_PROVISIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[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](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){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-302 Additions, Insertions And -Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-302_Additions,_Insertions_And_Changes){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-303 -Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-303_Administration){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-304 Dangerous And Insanitary -Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-304_Dangerous_And_Insanitary_Construction){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-305 Backwater Valves; When Required; -Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-305_Backwater_Valves;_When_Required;_Specifications){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-306 Violations And -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-306_Violations_And_Penalties){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-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](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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 \"The International Plumbing Code 2015,\" 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 \"plumbing code.\" 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. - -(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) - -**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[739(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324074_Ordinance%20No.%20739%20(13).pdf){.k-link -target="_blank" style="color:#0000EE"} on 2/4/2013\ -Amended by Ord. -[862(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334384_Ordinance%20No.%20862(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-302 Additions, Insertions And -Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-302_Additions,_Insertions_And_Changes){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Section 101.1, insert: \[City of Moore\]. -2. Section 106.6.2, Insert: \[As provided in the city\'s fee - schedule\]. -3. Section 108.4 Violation Penalties, delete existing language in this - section and replace with the following:\ - \[Penalties: Any person who shall violate a provision of this code, - or shall fail to comply with any of the requirements thereof, or who - shall install plumbing work in violation of an approved plan of - lawful directive of this code, shall be guilty of a municipal - offense, punishable by a fine of not more than \$200.00 or by - imprisonment not to exceed ten days, or both such fine and - imprisonment\]. -4. Section 109.2.1 Qualifications, delete existing language in this - section and replace with the following:\ - \[This board shall be composed of two members who shall be plumbing - contractors licensed with the city and two members who shall be - journeyman plumbers licensed with the city; the building official - shall serve as ex officio member\]. -5. Section 301.8 is hereby added and shall read as follows:\ - \[A public water main or public sewer system shall be considered - available to a building when the building is located within 200 feet - of the public water or sewer\]. -6. Section 305.4, delete last sentence and insert:\ - \[Water service piping shall be installed below record frost - penetration but not less than two feet below grade\]. -7. Insert section 703.7 to read as follows:\ - \[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. -8. Section 705.2.1, insert last sentence to read as follows:\ - \[Any elastomeric joint on an underground sewer shall be fully - banded\]. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[739(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324074_Ordinance%20No.%20739%20(13).pdf){.k-link -target="_blank" style="color:#0000EE"} on 2/4/2013\ -Amended by Ord. -[862(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334384_Ordinance%20No.%20862(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-303 -Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-303_Administration){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-303) - -<div> - -::: phx-name -[Sec 5-304 Dangerous And Insanitary -Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-304_Dangerous_And_Insanitary_Construction){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Any portion of a plumbing system found by the plumbing official to - be insanitary as defined herein is hereby declared to be a nuisance. -2. 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. -3. Refusal, failure or neglect to comply with any such notice or order - shall be considered a violation of this Code. -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. - -(Code 1999, § 5-304) - -<div> - -::: phx-name -[Sec 5-305 Backwater Valves; When Required; -Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-305_Backwater_Valves;_When_Required;_Specifications){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. The installation of backwater devices shall be in accordance with - lawful requirements of the administrative authority; -2. 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; -3. Backwater valves shall have all bearing parts of corrosion-resistant - material; -4. Backwater valves shall be installed so their working parts will be - readily accessible for service and repairs; and -5. Backwater valves shall be constructed so a mechanical seal against - backflow will be provided. - -(Code 1999, § 5-305) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[868(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334719_Ordinance%20No.%20868(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-306 Violations And -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-306_Violations_And_Penalties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s license, or by both fine and revocation of the plumber\'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. -2. 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. - -(Code 1999, § 5-306) - -<div> - -::: phx-name -[ARTICLE 5-3B PLUMBERS\' -REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3B_PLUMBERS'_REGISTRATION){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-311 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-311_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-312 Contractors To Be -Registered](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-312_Contractors_To_Be_Registered){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-313 Contractor\'s Registration Not -Transferable](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-313_Contractor's_Registration_Not_Transferable){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-314 Amendment Of Contractor\'s -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-314_Amendment_Of_Contractor's_Registration){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-315 Employment Of -Contractor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-315_Employment_Of_Contractor){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-316 Contractor\'s Place Of Business, Telephone, -Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-316_Contractor's_Place_Of_Business,_Telephone,_Sign){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-317 Display Of Contractor\'s Sign And Registration -Number](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-317_Display_Of_Contractor's_Sign_And_Registration_Number){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-318 Contractors Employing Unqualified -Workmen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-318_Contractors_Employing_Unqualified_Workmen){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-319 Partnerships, Firms And Corporations In Plumbing -Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-319_Partnerships,_Firms_And_Corporations_In_Plumbing_Business){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-320 Issuance Of Contractor\'s Registration, Expiration, Renewal, -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-320_Issuance_Of_Contractor's_Registration,_Expiration,_Renewal,_Fees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-321 Failure To Renew Contractor\'s -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-321_Failure_To_Renew_Contractor's_Registration){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-322 Time For Contractor Registration, Partial Year Registration -Expiration -Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-322_Time_For_Contractor_Registration,_Partial_Year_Registration_Expiration_Date){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-323 Contractor\'s Registration Revocation, -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-323_Contractor's_Registration_Revocation,_Suspension){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-324 Journeymen To Be Licensed, -Registered](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-324_Journeymen_To_Be_Licensed,_Registered){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-325 Supervision Of -Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-325_Supervision_Of_Journeymen){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-326 Registration Of Apprentices Required; -Supervision](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-326_Registration_Of_Apprentices_Required;_Supervision){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-327 Number Of -Apprentices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-327_Number_Of_Apprentices){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- The Plumbing License Law of 1955, 59 O.S. § -1001 et seq.\ - -<div> - -::: phx-name -[Sec 5-311 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-311_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Apprentice* or *plumber\'s apprentice* 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. - -*Journeyman plumber* 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. - -*Plumbing contractor* 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.) - -(Code 1999, § 5-311) - -<div> - -::: phx-name -[Sec 5-312 Contractors To Be -Registered](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-312_Contractors_To_Be_Registered){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s business address and his business -connections. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-313 Contractor\'s Registration Not -Transferable](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-313_Contractor's_Registration_Not_Transferable){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A plumbing contractor\'s registration shall not be transferred, loaned -or assigned. - -(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) - -<div> - -::: phx-name -[Sec 5-314 Amendment Of Contractor\'s -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-314_Amendment_Of_Contractor's_Registration){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(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) - -<div> - -::: phx-name -[Sec 5-315 Employment Of -Contractor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-315_Employment_Of_Contractor){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-316 Contractor\'s Place Of Business, Telephone, -Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-316_Contractor's_Place_Of_Business,_Telephone,_Sign){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s name and registration number. - -(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) - -<div> - -::: phx-name -[Sec 5-317 Display Of Contractor\'s Sign And Registration -Number](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-317_Display_Of_Contractor's_Sign_And_Registration_Number){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-318 Contractors Employing Unqualified -Workmen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-318_Contractors_Employing_Unqualified_Workmen){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(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) - -<div> - -::: phx-name -[Sec 5-319 Partnerships, Firms And Corporations In Plumbing -Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-319_Partnerships,_Firms_And_Corporations_In_Plumbing_Business){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-320 Issuance Of Contractor\'s Registration, Expiration, Renewal, -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-320_Issuance_Of_Contractor's_Registration,_Expiration,_Renewal,_Fees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -An applicant for a plumbing contractor\'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. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-321 Failure To Renew Contractor\'s -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-321_Failure_To_Renew_Contractor's_Registration){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(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) - -<div> - -::: phx-name -[Sec 5-322 Time For Contractor Registration, Partial Year Registration -Expiration -Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-322_Time_For_Contractor_Registration,_Partial_Year_Registration_Expiration_Date){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A plumbing contractor\'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. - -(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) - -<div> - -::: phx-name -[Sec 5-323 Contractor\'s Registration Revocation, -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-323_Contractor's_Registration_Revocation,_Suspension){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(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) - -<div> - -::: phx-name -[Sec 5-324 Journeymen To Be Licensed, -Registered](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-324_Journeymen_To_Be_Licensed,_Registered){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-325 Supervision Of -Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-325_Supervision_Of_Journeymen){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-326 Registration Of Apprentices Required; -Supervision](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-326_Registration_Of_Apprentices_Required;_Supervision){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-327 Number Of -Apprentices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-327_Number_Of_Apprentices){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No journeyman plumber shall at any one time have more than three -apprentices working under his supervision. - -(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) - -<div> - -::: phx-name -[CHAPTER 5-4 ELECTRIC -CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-4_ELECTRIC_CODE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 5-4A GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4A_GENERAL_PROVISIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 5-4B ELECTRICAL CONTRACTOR\'S AND ELECTRICIAN\'S -REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4B_ELECTRICAL_CONTRACTOR'S_AND_ELECTRICIAN'S_REGISTRATION){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Electrical License Act, 59 O.S. § 1680 et -seq.\ - -<div> - -::: phx-name -[ARTICLE 5-4A GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4A_GENERAL_PROVISIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-401 Adoption Of The National Electrical Code; NFPA -70](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-401_Adoption_Of_The_National_Electrical_Code;_NFPA_70){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-402 Provisions Declared To Be Minimum -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-402_Provisions_Declared_To_Be_Minimum_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-403 Electrical Installation Permit -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-403_Electrical_Installation_Permit_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-404 Temporary Permit; -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-404_Temporary_Permit;_Fees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-405 Inspection, Not To -Conceal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-405_Inspection,_Not_To_Conceal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-406 Denial Of Permit; Certificate Of Inspection, Utility -Companies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-406_Denial_Of_Permit;_Certificate_Of_Inspection,_Utility_Companies){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-407 Wiring Protection, When -Inspected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-407_Wiring_Protection,_When_Inspected){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-408 Defective Workmanship And -Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-408_Defective_Workmanship_And_Materials){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-409 Relocated -Buildings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-409_Relocated_Buildings){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-410 Inspection No Relief From -Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-410_Inspection_No_Relief_From_Responsibility){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-411 Electrical -Committee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-411_Electrical_Committee){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 5-401 Adoption Of The National Electrical Code; NFPA -70](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-401_Adoption_Of_The_National_Electrical_Code;_NFPA_70){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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---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 \"electrical code\"; 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. -2. The 2014 National Electric Code is hereby amended as follows: - 1. Insert new section 305 to read as follows:\ - 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\'s installation instructions. - 2. Insert new section 300.1(D) to read as follows:\ - All commercial structures shall be wired in conduit. NM cable - shall not be used. - 3. Section 210.19(A)(4) is hereby amended by:\ - Deleting the number \"14\" and inserting the number \"12.\" - 4. Section 250.118 is hereby deleted and the following language is - hereby substituted:\ - 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.\ - 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. - 5. Section 680.23(A)(4) is hereby amended by:\ - Deleting the number \"150\" and inserting the number \"15.\" - 6. Section 680.23(A)(2) is hereby amended by adding the following - language:\ - A ground fault circuit interrupter shall be installed in branch - circuits that supply low voltage lighting transformers. - -(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) - -**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[740(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324349_Ordinance%20No.%20740%20(13).pdf){.k-link -target="_blank" style="color:#0000EE"} on 2/4/2013\ -Amended by Ord. -[861(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-402 Provisions Declared To Be Minimum -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-402_Provisions_Declared_To_Be_Minimum_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-402) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[861(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-403 Electrical Installation Permit -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-403_Electrical_Installation_Permit_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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 -2. Permits shall be issued only to electrical contractors with current - unrevoked state licenses and current unrevoked city registration - certificates. - -(Code 1999, § 5-403) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[861(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-404 Temporary Permit; -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-404_Temporary_Permit;_Fees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-404) - -<div> - -::: phx-name -[Sec 5-405 Inspection, Not To -Conceal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-405_Inspection,_Not_To_Conceal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. In making inspection of new work \"rough-in,\" 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. -2. 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\'s approval will be sufficient notice. - -(Code 1999, § 5-405) - -<div> - -::: phx-name -[Sec 5-406 Denial Of Permit; Certificate Of Inspection, Utility -Companies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-406_Denial_Of_Permit;_Certificate_Of_Inspection,_Utility_Companies){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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\'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. - -(Code 1999, § 5-406) - -<div> - -::: phx-name -[Sec 5-407 Wiring Protection, When -Inspected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-407_Wiring_Protection,_When_Inspected){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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 \"roughing-in\" - 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. - -(Code 1999, § 5-407) - -<div> - -::: phx-name -[Sec 5-408 Defective Workmanship And -Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-408_Defective_Workmanship_And_Materials){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-408) - -<div> - -::: phx-name -[Sec 5-409 Relocated -Buildings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-409_Relocated_Buildings){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-409) - -<div> - -::: phx-name -[Sec 5-410 Inspection No Relief From -Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-410_Inspection_No_Relief_From_Responsibility){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-92; Code 1999, § 5-410) - -<div> - -::: phx-name -[Sec 5-411 Electrical -Committee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-411_Electrical_Committee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. Two members shall be active as electrical contractors; - 2. Two members shall be active as journeymen electricians.\ - 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. -2. 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. - -(Prior Code, §§ 5-126---5-132, in part; Code 1999, § 5-411) - -<div> - -::: phx-name -[ARTICLE 5-4B ELECTRICAL CONTRACTOR\'S AND ELECTRICIAN\'S -REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4B_ELECTRICAL_CONTRACTOR'S_AND_ELECTRICIAN'S_REGISTRATION){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-421 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-421_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-422 Registration -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-422_Registration_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-423 Classification Of Registration -Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-423_Classification_Of_Registration_Certificate){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-424 Registration Fee, Annual Renewal -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-424_Registration_Fee,_Annual_Renewal_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-425 Journeyman Electrician\'s Registration -Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-425_Journeyman_Electrician's_Registration_Certificate){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-426 Electrical Apprentice\'s Registration -Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-426_Electrical_Apprentice's_Registration_Certificate){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Electrical License Act, 59 O.S. § 1680 et -seq.\ - -<div> - -::: phx-name -[Sec 5-421 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-421_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Administrative authority* or *electrical inspector* means the -electrical inspector, or the building official or his designee if no -electrical inspector is appointed. - -*Electrical apprentice* 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. - -*Electrical contractor* 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 \"electrical contractor\" 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. - -*Electrical facilities* 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. - -*Electrician* means any person engaged in electrical wiring in the city. - -*Journeyman electrician* 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\'s license -issued by the state. - -(Code 1999, § 5-421) - -<div> - -::: phx-name -[Sec 5-422 Registration -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-422_Registration_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s license as provided by state law and an electrical - contractor\'s registration certificate issued by the city. -2. 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\'s - license issued by the city as provided by state law. -3. 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. -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. - -(Prior Code, § 5-146, in part; Code 1999, § 5-422) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-423 Classification Of Registration -Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-423_Classification_Of_Registration_Certificate){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -There shall be one class of electrical registration certificates, which -shall be known as follows: Electrical contractor. - -(Code 1999, § 5-423) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-424 Registration Fee, Annual Renewal -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-424_Registration_Fee,_Annual_Renewal_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The registration and renewal fees and bond requirements of - electrical contractors shall be as provided in the fee and bond - schedules. -2. 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. -3. Applicants for registration shall pay to the city the required - registration fees. The fees shall be paid after all requirements are - met. -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. -5. A registration certificate shall be issued to the person named on - the certificate who shall be known as the holder of the certificate. -6. A registration certificate shall expire annually. All registrations - shall expire on August 31 of each calendar year. -7. 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. - -(Prior Code, § 5-154, in part; Code 1999, § 5-424) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-425 Journeyman Electrician\'s Registration -Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-425_Journeyman_Electrician's_Registration_Certificate){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-425) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-426 Electrical Apprentice\'s Registration -Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-426_Electrical_Apprentice's_Registration_Certificate){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-426) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[CHAPTER 5-5 MECHANICAL -CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-5_MECHANICAL_CODE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 5-5A GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5A_GENERAL_PROVISIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 5-5B -REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5B_REGISTRATION){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Mechanical Licensing Act, 59 O.S. § 1850.1 et -seq.\ - -<div> - -::: phx-name -[ARTICLE 5-5A GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5A_GENERAL_PROVISIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[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](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){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-502 Additions, Insertions And -Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-502_Additions,_Insertions_And_Changes){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-503 -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-503_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-504 Provisions Declared To Be Minimum -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-504_Provisions_Declared_To_Be_Minimum_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-505 Mechanical -Official](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-505_Mechanical_Official){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-506 Violations And -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-506_Violations_And_Penalties){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-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](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. That certain document, being marked and designated as \"2015 - International Mechanical Code,\" 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. -2. 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. -3. 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. - -(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) - -**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[738(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf){.k-link -target="_blank" style="color:#0000EE"} on 2/4/2013\ -Amended by Ord. -[860(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334174_Ordinance%20No.%20860(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-502 Additions, Insertions And -Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-502_Additions,_Insertions_And_Changes){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The code adopted in section 5-501 shall be known and cited as the - city\'s mechanical code. All persons shall comply with the - provisions of the code. -2. The following sections are hereby revised as follows: - 1. M-101.1 Title: These regulations shall be known as the - Mechanical Code of the City of Moore, Oklahoma, hereinafter - referred to as \"this code.\" - 2. Section 106.5.2 Fee Schedule: Insert: As provided in the city\'s - fee schedule. - 3. Section 108.4 Violation Penalties: Insert: Refer to City Code - section 1-108, General and specific penalties; suspension or - revocation of license or permit. - 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. - 5. Section 109.2 Membership of board: Amended to read as follows:\ - 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. - 6. Section 603.8 is amended to read as follows:\ - Exceptions: - 1. All ducts installed underslab shall be graded to access - plenum or boot. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[738(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf){.k-link -target="_blank" style="color:#0000EE"} on 2/4/2013\ -* -::: - -<div> - -::: phx-name -[Sec 5-503 -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-503_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No person shall engage in any work covered by the mechanical code - without first securing a permit from the city. -2. The permit fees shall be as set by the city by motion or resolution. - -(Code 1999, § 5-503) - -<div> - -::: phx-name -[Sec 5-504 Provisions Declared To Be Minimum -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-504_Provisions_Declared_To_Be_Minimum_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[738(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf){.k-link -target="_blank" style="color:#0000EE"} on 2/4/2013\ -Amended by Ord. -[860(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334174_Ordinance%20No.%20860(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-505 Mechanical -Official](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-505_Mechanical_Official){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The term \"administrative authority\" or \"mechanical official\" - 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. -2. 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. - -(Code 1999, § 5-505) - -<div> - -::: phx-name -[Sec 5-506 Violations And -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-506_Violations_And_Penalties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 5-506) - -<div> - -::: phx-name -[ARTICLE 5-5B -REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5B_REGISTRATION){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-511 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-511_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-512 License And Registration -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-512_License_And_Registration_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-513 Registration -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-513_Registration_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-514 Issuance Of Registration -Certificates](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-514_Issuance_Of_Registration_Certificates){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-515 -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-515_Revocation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-516 No Mechanical Work To Be Performed During Suspension Or -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-516_No_Mechanical_Work_To_Be_Performed_During_Suspension_Or_Revocation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-517 Reinstatement Of Certificate Of -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-517_Reinstatement_Of_Certificate_Of_Registration){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-518 Engaging In Business Without A Certificate Of -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-518_Engaging_In_Business_Without_A_Certificate_Of_Registration){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-519 Maintenance Of Place Of Business; Unlicensed Place Of -Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-519_Maintenance_Of_Place_Of_Business;_Unlicensed_Place_Of_Business){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-520 Identification Display On Vehicles -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-520_Identification_Display_On_Vehicles_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-521 Mechanical Contractor To Employ Only Licensed And Registered -Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-521_Mechanical_Contractor_To_Employ_Only_Licensed_And_Registered_Journeymen){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-522 Failure To Correct -Defects](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-522_Failure_To_Correct_Defects){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-523 Transfer, Assignment, Or Loan Of Certificate Of Registration -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-523_Transfer,_Assignment,_Or_Loan_Of_Certificate_Of_Registration_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-524 Mechanical Journeyman -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-524_Mechanical_Journeyman_Regulations){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-525 Mechanical Apprentice -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-525_Mechanical_Apprentice_Regulations){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Mechanical Licensing Act, 59 O.S. § 1850.1 et -seq.\ - -<div> - -::: phx-name -[Sec 5-511 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-511_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Mechanical apprentice* or *apprentice* 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. - -*Mechanical contractor* or *contractor* means any person engaged in the -business of planning, contracting, supervising or furnishing labor or -labor and materials for mechanical work. - -*Mechanical journeyman* or *journeyman* means any person other than a -contractor or apprentice who engages in mechanical work. - -*Mechanical work* 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. - -(Code 1999, § 5-511) - -<div> - -::: phx-name -[Sec 5-512 License And Registration -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-512_License_And_Registration_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s license as provided by state law - and a current mechanical contractor\'s registration certificate - issued by the city. -2. 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\'s license as provided by state law. -3. 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. -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: - 1. Unlimited mechanical air conditioning contractor; - 2. Limited mechanical air conditioning contractor; - 3. Unlimited heating contractor; - 4. Limited heating contractor; - 5. Refrigeration contractor; - 6. Sheet metal contractor; - 7. Natural gas piping contractor. - - These categories shall have the same meanings ascribed to them by - state law and regulations. -5. 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. -6. 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. -7. 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. - -(Code 1999, § 5-512; Ord. No. 493(89), 9-5-1989) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-513 Registration -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-513_Registration_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-513) - -<div> - -::: phx-name -[Sec 5-514 Issuance Of Registration -Certificates](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-514_Issuance_Of_Registration_Certificates){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The city shall issue mechanical certificates of registration pursuant to -the following provisions: A mechanical contractor\'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. - -(Code 1999, § 5-514) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-515 -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-515_Revocation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. A certificate of registration issued pursuant to this article may be - suspended or revoked in accordance with the following procedures. -2. 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\' 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. - -(Code 1999, § 5-515; Ord. No. 493(89), 9-5-1989) - -<div> - -::: phx-name -[Sec 5-516 No Mechanical Work To Be Performed During Suspension Or -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-516_No_Mechanical_Work_To_Be_Performed_During_Suspension_Or_Revocation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-516; Ord. No. 493(89), 9-5-1989) - -<div> - -::: phx-name -[Sec 5-517 Reinstatement Of Certificate Of -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-517_Reinstatement_Of_Certificate_Of_Registration){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-517; Ord. No. 493(89), 9-5-1989) - -<div> - -::: phx-name -[Sec 5-518 Engaging In Business Without A Certificate Of -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-518_Engaging_In_Business_Without_A_Certificate_Of_Registration){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-518; Ord. No. 493(89), 9-5-1989) - -<div> - -::: phx-name -[Sec 5-519 Maintenance Of Place Of Business; Unlicensed Place Of -Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-519_Maintenance_Of_Place_Of_Business;_Unlicensed_Place_Of_Business){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-519; Ord. No. 493(89), 9-5-1989) - -<div> - -::: phx-name -[Sec 5-520 Identification Display On Vehicles -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-520_Identification_Display_On_Vehicles_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-520; Ord. No. 493(89), 9-5-1989) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-521 Mechanical Contractor To Employ Only Licensed And Registered -Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-521_Mechanical_Contractor_To_Employ_Only_Licensed_And_Registered_Journeymen){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-521; Ord. No. 493(89), 9-5-1989) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-522 Failure To Correct -Defects](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-522_Failure_To_Correct_Defects){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-522; Ord. No. 493(89), 9-5-1989) - -<div> - -::: phx-name -[Sec 5-523 Transfer, Assignment, Or Loan Of Certificate Of Registration -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-523_Transfer,_Assignment,_Or_Loan_Of_Certificate_Of_Registration_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-523; Ord. No. 493(89), 9-5-1989) - -<div> - -::: phx-name -[Sec 5-524 Mechanical Journeyman -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-524_Mechanical_Journeyman_Regulations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-524; Ord. No. 493(89), 9-5-1989) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-525 Mechanical Apprentice -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-525_Mechanical_Apprentice_Regulations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A mechanical apprentice shall be subject to the following limitations: - -1. A mechanical apprentice shall work only under the direct supervision - of a mechanical contractor or journeyman. The term \"direct - supervision\" shall be construed as presence \"on the job\" with the - supervisor who must be a licensed and registered mechanical - contractor or a licensed mechanical journeyman; -2. 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 -3. The apprentice must be working in the same category as the licensed - and registered mechanical contractor or mechanical journeyman on the - job. - -(Code 1999, § 5-525; Ord. No. 493(89), 9-5-1989) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[CHAPTER 5-6 GAS CODE AND -PIPELINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-6_GAS_CODE_AND_PIPELINES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-601 Adoption Of Pipeline -Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-601_Adoption_Of_Pipeline_Standards){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-602 Planning Commission Duties, -Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-602_Planning_Commission_Duties,_Notice){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-603 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-603_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-604 Permit Required For -Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-604_Permit_Required_For_Construction){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-605 -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-605_Suspension){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 5-601 Adoption Of Pipeline -Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-601_Adoption_Of_Pipeline_Standards){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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 - \"A\" 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. -3. 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. -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. - -(Prior Code, § 6-235; Code 1999, § 5-601) - -**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. - -<div> - -::: phx-name -[Sec 5-602 Planning Commission Duties, -Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-602_Planning_Commission_Duties,_Notice){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\' 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. - -(Prior Code, § 6-236; Code 1999, § 5-602) - -<div> - -::: phx-name -[Sec 5-603 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-603_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Pipeline* 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. - -(Prior Code, § 6-231; Code 1999, § 5-603) - -<div> - -::: phx-name -[Sec 5-604 Permit Required For -Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-604_Permit_Required_For_Construction){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-232; Code 1999, § 5-604) - -<div> - -::: phx-name -[Sec 5-605 -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-605_Suspension){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\' 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. - -(Prior Code, § 6-234; Code 1999, § 5-605) - -<div> - -::: phx-name -[CHAPTER 5-7 FAIR -HOUSING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-7_FAIR_HOUSING){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-701 -Policy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-701_Policy){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-702 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-702_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-703 Unlawful -Practice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-703_Unlawful_Practice){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-704 Discrimination In The Sale Or Rental Of City\'s -Housing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-704_Discrimination_In_The_Sale_Or_Rental_Of_City's_Housing){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-705 Discrimination In The Financing Of -Housing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-705_Discrimination_In_The_Financing_Of_Housing){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-706 Discrimination In The Provision Of Brokerage -Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-706_Discrimination_In_The_Provision_Of_Brokerage_Services){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-707 -Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-707_Exemption){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-708 -Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-708_Administration){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-709 Education And -Conciliation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-709_Education_And_Conciliation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-710 -Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-710_Enforcement){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-711 Investigations; Subpoenas; Giving Of -Evidence](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-711_Investigations;_Subpoenas;_Giving_Of_Evidence){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-712 Enforcement By Private -Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-712_Enforcement_By_Private_Persons){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-713 Interference, Coercion, Or -Intimidation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-713_Interference,_Coercion,_Or_Intimidation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-714 Prevention Of Intimidation In Fair Housing -Cases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-714_Prevention_Of_Intimidation_In_Fair_Housing_Cases){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Fair housing, 25 O.S. § 1451 et seq.\ - -<div> - -::: phx-name -[Sec 5-701 -Policy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-701_Policy){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -It is the policy of the city to provide, within constitutional -limitations, for fair housing throughout the city. - -(Code 1999, § 5-701; Ord. No. 69(94), 1-3-1994) - -<div> - -::: phx-name -[Sec 5-702 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-702_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*City manager* 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. - -*Discriminatory housing practice* means an act that is unlawful under -sections 5-704 through 5-706. - -*Dwelling* 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. - -*Family* includes a single individual. - -*Person* 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. - -*To rent* means to lease, to sublease, to let and otherwise to grant for -a consideration the right to occupy premises owned by the occupant. - -(Code 1999, § 5-702; Ord. No. 69(94), 1-3-1994) - -<div> - -::: phx-name -[Sec 5-703 Unlawful -Practice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-703_Unlawful_Practice){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. All dwellings except as exempted by subsection (B) of this section; -2. Nothing in section 5-704 shall apply to: - 1. 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: - 1. 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 - 2. 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 - 2. 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; -3. 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: - 1. 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; - 2. 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 - 3. He is the owner of any dwelling designed or intended for - occupancy by, or occupied by, five or more families. - -(Code 1999, § 5-703; Ord. No. 69(94), 1-3-1994) - -<div> - -::: phx-name -[Sec 5-704 Discrimination In The Sale Or Rental Of City\'s -Housing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-704_Discrimination_In_The_Sale_Or_Rental_Of_City's_Housing){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -As made applicable by section 5-703 and except as exempted by sections -5-703(b) and 5-707, it shall be unlawful: - -1. 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; -2. 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; -3. 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; -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 -5. 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. - -(Code 1999, § 5-704; Ord. No. 69(94), 1-3-1994) - -<div> - -::: phx-name -[Sec 5-705 Discrimination In The Financing Of -Housing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-705_Discrimination_In_The_Financing_Of_Housing){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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). - -(Code 1999, § 5-705; Ord. No. 69(94), 1-3-1994) - -<div> - -::: phx-name -[Sec 5-706 Discrimination In The Provision Of Brokerage -Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-706_Discrimination_In_The_Provision_Of_Brokerage_Services){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-706; Ord. No. 69(94), 1-3-1994) - -<div> - -::: phx-name -[Sec 5-707 -Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-707_Exemption){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-707; Ord. No. 69(94), 1-3-1994) - -<div> - -::: phx-name -[Sec 5-708 -Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-708_Administration){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The authority and responsibility for administering the city\'s fair - housing code shall be in the city manager or his designee. -2. 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. -3. 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. - -(Code 1999, § 5-708; Ord. No. 69(94), 1-3-1994) - -<div> - -::: phx-name -[Sec 5-709 Education And -Conciliation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-709_Education_And_Conciliation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Immediately after the enactment of the city\'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. - -(Code 1999, § 5-709; Ord. No. 69(94), 1-3-1994) - -<div> - -::: phx-name -[Sec 5-710 -Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-710_Enforcement){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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 \"person aggrieved\") 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. -2. 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. -3. 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. -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. -5. In any proceeding brought pursuant to this section, the burden of - proof shall be on the complainant. -6. Whenever an action filed by an individual shall come to trial, the - city manager shall immediately terminate all efforts to obtain - voluntary compliance. - -(Code 1999, § 5-710; Ord. No. 69(94), 1-3-1994) - -<div> - -::: phx-name -[Sec 5-711 Investigations; Subpoenas; Giving Of -Evidence](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-711_Investigations;_Subpoenas;_Giving_Of_Evidence){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. -5. 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. -6. 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. -7. The city attorney shall conduct all litigation in which the city - manager participates as a party or as amicus pursuant to this - chapter. - -(Code 1999, § 5-711; Ord. No. 69(94), 1-3-1994) - -<div> - -::: phx-name -[Sec 5-712 Enforcement By Private -Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-712_Enforcement_By_Private_Persons){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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\'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\'s fees. - -(Code 1999, § 5-712; Ord. No. 69(94), 1-3-1994) - -<div> - -::: phx-name -[Sec 5-713 Interference, Coercion, Or -Intimidation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-713_Interference,_Coercion,_Or_Intimidation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-713; Ord. No. 69(94), 1-3-1994) - -<div> - -::: phx-name -[Sec 5-714 Prevention Of Intimidation In Fair Housing -Cases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-714_Prevention_Of_Intimidation_In_Fair_Housing_Cases){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. 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; -2. 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: - 1. 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; - 2. Affording another person or class of persons opportunity or - protection so to participate; or -3. 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; - -shall be punished as provided in section 1-108. - -(Code 1999, § 5-714; Ord. No. 69(94), 1-3-1994) - -<div> - -::: phx-name -[CHAPTER 5-8 OUTDOOR LIGHT -FIXTURES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-8_OUTDOOR_LIGHT_FIXTURES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-801 Light Trespass -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-801_Light_Trespass_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 5-801 Light Trespass -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-801_Light_Trespass_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. Spill light on adjacent residential or unlighted properties - shall be minimized by complying with the following: - 1. The lighting system shall be designed to minimize the impact - on spill light to adjacent properties. - 2. 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. - 2. Direct glare shall be minimized by compliance with the following - requirements: - 1. The lighting system shall be designed to minimize the impact - on glare to adjacent properties. - 2. The direct glare from the luminaire shall not be visible - from six feet above grade at the property line. Exception: - field sports lighting. - 3. 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. -2. 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. -3. 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. - -(Code 1999, § 5-801; Ord. No. 520(05), 10-3-2005) - -<div> - -::: phx-name -[CHAPTER 5-9 FUEL GAS -CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-9_FUEL_GAS_CODE){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-901 International Fuel Gas Code 2015 -Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-901_International_Fuel_Gas_Code_2015_Adopted){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-902 Additions, Insertions And -Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-902_Additions,_Insertions_And_Changes){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 5-901 International Fuel Gas Code 2015 -Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-901_International_Fuel_Gas_Code_2015_Adopted){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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 \"2015 International Fuel Gas Code,\" 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. - -(Code 1999, § 5-901; Ord. No. 541(06), 10-16-2006; Ord. No. 638(08), -12-15-2008) - -**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[859(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334092_Ordinance%20No.%20859(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-902 Additions, Insertions And -Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-902_Additions,_Insertions_And_Changes){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The following sections of the \"International Fuel Gas Code 2015\" 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: - -1. Section 108.4 Insert: \[Violation\]\ - \[200.00\].\ - Delete: or by imprisonment not exceeding \[number of days\], or both - such fine and imprisonment. -2. Section 101.1 Title: These regulations shall be known as the Fuel - Gas Code of the City of Moore, Oklahoma, hereinafter referred to as - \"this code.\" - -(Code 1999, § 5-902; Ord. No. 541(06), 10-16-2006; Ord. No. 638(08), -12-15-2008) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[859(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334092_Ordinance%20No.%20859(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[CHAPTER 5-10 ROOFING -CONTRACTORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-10_ROOFING_CONTRACTORS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-1001 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1001_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-1002 Registration; -Fine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1002_Registration;_Fine){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-1003 -Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1003_Powers){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-1004 Obtaining A Roofing Contractor Registration; Refusal Of -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1004_Obtaining_A_Roofing_Contractor_Registration;_Refusal_Of_Registration){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-1005 Criminal History Records Search Or Background -Check](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1005_Criminal_History_Records_Search_Or_Background_Check){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-1006 Roofing Contractor Registration Certificate, Business -Limitations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1006_Roofing_Contractor_Registration_Certificate,_Business_Limitations){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-1007 Registration -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1007_Registration_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-1008 Applicability Of Roofing Contractor -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1008_Applicability_Of_Roofing_Contractor_Registration){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-1009 Issuance Or Denial Of -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1009_Issuance_Or_Denial_Of_Registration){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-1010 Change In Roofing Contractor\'s Name, Address, Legal Service -Agent, Or Cease Of Business, -Notification](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){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-1011 Certificate Of -Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1011_Certificate_Of_Renewal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-1012 Contractor\'s Agent For Service Of -Process](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1012_Contractor's_Agent_For_Service_Of_Process){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-1013 Application For Building Permits; Disclosure Of Registration -Certificate -Number](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1013_Application_For_Building_Permits;_Disclosure_Of_Registration_Certificate_Number){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Roofing Contractor Registration Act, 59 O.S. -§ 1151.1 et seq.\ - -<div> - -::: phx-name -[Sec 5-1001 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1001_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Nonresident contractor* 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. - -*Person* 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. - -*Public contract* 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. - -*Registrar* means the city or any person designated by the city to -administer the provisions of this chapter. - -*Roofing contractor* 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 \"roofing -contractor\" shall not mean: - -1. A person engaged in the demolition of a structure or the cleanup of - construction waste and debris that contains roofing material; -2. 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; -3. A person working on his own property or that of an immediate - relative and such person is not receiving any compensation; or -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. - -*Roofing contractor work* 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.). - -(Code 1999, § 5-1001; Ord. No. 689(10), 12-6-2010) - -**State Law reference**--- Similar provisions, 59 O.S. § 1151.2. - -<div> - -::: phx-name -[Sec 5-1002 Registration; -Fine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1002_Registration;_Fine){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s business or capacity as a roofing - contractor without a valid registration as provided in this chapter. -2. 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. - -(Code 1999, § 5-1002; Ord. No. 689(10), 12-6-2010) - -<div> - -::: phx-name -[Sec 5-1003 -Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1003_Powers){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-1003; Ord. No. 689(10), 12-6-2010) - -<div> - -::: phx-name -[Sec 5-1004 Obtaining A Roofing Contractor Registration; Refusal Of -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1004_Obtaining_A_Roofing_Contractor_Registration;_Refusal_Of_Registration){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'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\' compensation - coverage satisfactory under the Administrative Workers\' - Compensation Act (85A O.S. § 1 et seq.), or an affidavit of - exemption or self-insurance as authorized pursuant to the Workers\' - 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. -2. The city shall refuse to register any person if the city determines: - 1. The application contains false, misleading, or incomplete - information; - 2. The applicant fails or refuses to provide any information - requested by the city; - 3. The applicant fails or refuses to pay the required fees; - 4. The applicant is ineligible for registration due to a suspended - or revoked registration in the state; - 5. The nonresident applicant has a revoked or suspended - registration or license required by law for roofing contractors - in another state; or - 6. The applicant has failed or refuses to submit any taxes due in - the state. -3. 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. -4. The city shall classify as not in good standing the registration of - any roofing contractor who fails to: - 1. Maintain liability insurance coverage; - 2. Maintain workers\' compensation coverage satisfactory under the - Workers\' Compensation Act, or provide an affidavit of exemption - or self-insurance as authorized pursuant to the Administrative - Workers\' Compensation Act (85A O.S. § 1 et seq.); - 3. File, renew, or properly amend any fictitious name certificate; - 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; - 5. File or renew a trade name registration; - 6. Maintain or renew a roofing contractor registration as provided - in this chapter; - 7. 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; - 8. Maintain a registration as required by law in another state - while registered in this state as a nonresident roofing - contractor; or - 9. File and pay all taxes when due in the state. -5. 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\'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\'s office. - -(Code 1999, § 5-1004; Ord. No. 689(10), 12-6-2010) - -<div> - -::: phx-name -[Sec 5-1005 Criminal History Records Search Or Background -Check](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1005_Criminal_History_Records_Search_Or_Background_Check){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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\'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. - -(Code 1999, § 5-1005; Ord. No. 689(10), 12-6-2010) - -<div> - -::: phx-name -[Sec 5-1006 Roofing Contractor Registration Certificate, Business -Limitations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1006_Roofing_Contractor_Registration_Certificate,_Business_Limitations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. A roofing contractor\'s registration certificate number shall be - valid and in good standing at the time of soliciting a project and - during subsequent job performance; -2. A roofing contractor\'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; -3. A roofing contractor\'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; -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; -5. A roofing contractor shall comply with state laws and local - ordinances relating to standards and permits for roofing services - and projects; and -6. A roofing contractor must pay taxes due in the state. - -(Code 1999, § 5-1006; Ord. No. 689(10), 12-6-2010) - -<div> - -::: phx-name -[Sec 5-1007 Registration -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1007_Registration_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -4. A renewal fee for a roofing contractor registration shall be set by - resolution for the annual renewal registration certificate. - -(Code 1999, § 5-1007; Ord. No. 689(10), 12-6-2010) - -<div> - -::: phx-name -[Sec 5-1008 Applicability Of Roofing Contractor -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1008_Applicability_Of_Roofing_Contractor_Registration){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The Roofing Contractor Registration Act does not apply to: - 1. 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; - 2. 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 - 3. 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. -2. 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. - -(Code 1999, § 5-1008; Ord. No. 689(10), 12-6-2010) - -<div> - -::: phx-name -[Sec 5-1009 Issuance Or Denial Of -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1009_Issuance_Or_Denial_Of_Registration){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 5-1009; Ord. No. 689(10), 12-6-2010) - -<div> - -::: phx-name -[Sec 5-1010 Change In Roofing Contractor\'s Name, Address, Legal Service -Agent, Or Cease Of Business, -Notification](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No later than ten days after the date of a change in a roofing -contractor\'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. - -(Code 1999, § 5-1010; Ord. No. 689(10), 12-6-2010) - -<div> - -::: phx-name -[Sec 5-1011 Certificate Of -Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1011_Certificate_Of_Renewal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\' - compensation coverage, unless exempt under the Administrative - Workers\' 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. - -2. The city shall refuse to renew a roofing contractor\'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. - -3. If any roofing contractor fails to file a renewal application by the - June 30 deadline that contractor\'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\'s registration certificate still has not - been renewed, it shall be revoked for failure to renew. - -4. 1. 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. - 2. 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. - 3. A roofing contractor submitting an application for registration - after suspension or revocation of that contractor\'s - registration certificate must be otherwise eligible for - registration under this chapter. - -5. The city shall include a registration status notation in a roofing - contractor\'s record if the status of registration changes from an - active and valid registration to not in good standing, denied, - suspended or revoked. - -(Code 1999, § 5-1011; Ord. No. 689(10), 12-6-2010) - -<div> - -::: phx-name -[Sec 5-1012 Contractor\'s Agent For Service Of -Process](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1012_Contractor's_Agent_For_Service_Of_Process){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Every applicant for a roofing contractor\'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\'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\'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\'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. - -(Code 1999, § 5-1012; Ord. No. 689(10), 12-6-2010) - -<div> - -::: phx-name -[Sec 5-1013 Application For Building Permits; Disclosure Of Registration -Certificate -Number](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1013_Application_For_Building_Permits;_Disclosure_Of_Registration_Certificate_Number){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s registration certificate number issued pursuant to - this chapter. That official shall enter a roofing contractor\'s - registration number on the permit. -2. 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. -3. 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. - -(Code 1999, § 5-1013; Ord. No. 689(10), 12-6-2010) - -<div> - -::: phx-name -[CHAPTER 5-11 STORM -SHELTERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-11_STORM_SHELTERS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 5-1101 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1101_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-1102 Permits -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1102_Permits_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 5-1103 Standards And -Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1103_Standards_And_Specifications){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 5-1101 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1101_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Storm shelter* 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. - -(Code 1999, § 5-1101; Ord. No. 707(11), 10-17-2011) - -<div> - -::: phx-name -[Sec 5-1102 Permits -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1102_Permits_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No storm shelter shall be constructed within the city unless a - building permit has been issued by the building inspection - department. -2. 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. - -(Code 1999, § 5-1102; Ord. No. 707(11), 10-17-2011) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[864(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334626_Ordinance%20No.%20864(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2017\ -* -::: - -<div> - -::: phx-name -[Sec 5-1103 Standards And -Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1103_Standards_And_Specifications){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -4. No underground storm shelter shall be used for any type of occupancy - other than as a storm shelter. -5. All concrete used in shelter construction shall have a compressive - strength of not less than 3,500 pounds per square inch. -6. All shelters shall be adequately waterproofed to prevent seepage. - -(Code 1999, § 5-1103; Ord. No. 707(11), 10-17-2011) - -<div> - -::: {.phx-name .phx-break} -[PART 6 -COURT](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_6_COURT){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 6-1 COURT -PROCEDURE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-1_COURT_PROCEDURE){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 6-2 -JUDGE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-2_JUDGE){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 6-3 JURY -TRIALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-3_JURY_TRIALS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 6-4 PROCEEDING AGAINST -CORPORATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-4_PROCEEDING_AGAINST_CORPORATIONS){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Municipal courts, 11 O.S. § 27-101 et seq.\ - -<div> - -::: phx-name -[CHAPTER 6-1 COURT -PROCEDURE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-1_COURT_PROCEDURE){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 6-101 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-101_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-102 -Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-102_Purpose){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-103 -Jurisdiction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-103_Jurisdiction){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-104 Change Of Venue; Disqualification Of -Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-104_Change_Of_Venue;_Disqualification_Of_Judge){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-105 Chief Of Police As Principal Officer Of -Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-105_Chief_Of_Police_As_Principal_Officer_Of_Court){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-106 Clerk Of Court; -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-106_Clerk_Of_Court;_Duties){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-107 City Attorney, Powers And -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-107_City_Attorney,_Powers_And_Duties){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-108 -Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-108_Bond){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-109 Authority Of Judge To Prescribe -Rules](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-109_Authority_Of_Judge_To_Prescribe_Rules){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-110 Traffic Violations Bureau Created; Payment Of Fines, Fines In -Lieu Of -Appearance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-110_Traffic_Violations_Bureau_Created;_Payment_Of_Fines,_Fines_In_Lieu_Of_Appearance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-111 Designation Of Fines, Traffic Violations -Bureau](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-111_Designation_Of_Fines,_Traffic_Violations_Bureau){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-112 Prosecutions; Filing Of Complaint; Fees, Defects Raised Prior -To -Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-112_Prosecutions;_Filing_Of_Complaint;_Fees,_Defects_Raised_Prior_To_Trial){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-113 Ordinance Violations; Procedures For Issuing Citation; -Custody, -Arrest](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-113_Ordinance_Violations;_Procedures_For_Issuing_Citation;_Custody,_Arrest){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-114 Traffic Bail Bond -Act](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-114_Traffic_Bail_Bond_Act){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-115 Issuance Of Summons; Failure To -Appear](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-115_Issuance_Of_Summons;_Failure_To_Appear){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-116 Failure To Appear According To Terms Of Bond, Bond -Forfeiture, Bench -Warrant](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-116_Failure_To_Appear_According_To_Terms_Of_Bond,_Bond_Forfeiture,_Bench_Warrant){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-117 Complainant, Witnesses, Failure To -Appear](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-117_Complainant,_Witnesses,_Failure_To_Appear){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-118 Arrests, Release By Signing Citation; Bail; Amount And -Conditions, Temporary Cash -Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-118_Arrests,_Release_By_Signing_Citation;_Bail;_Amount_And_Conditions,_Temporary_Cash_Bond){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-119 Procedures For Bail Or Bond -Schedule](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-119_Procedures_For_Bail_Or_Bond_Schedule){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-120 -Arraignment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-120_Arraignment){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-121 Postponement Of -Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-121_Postponement_Of_Trial){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-122 Defendant\'s Presence Required At -Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-122_Defendant's_Presence_Required_At_Trial){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-123 Procedure For Trials Not Within Scope Of -Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-123_Procedure_For_Trials_Not_Within_Scope_Of_Chapter){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-124 -Judgment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-124_Judgment){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-125 Judgment Of -Imprisonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-125_Judgment_Of_Imprisonment){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-126 Suspension Or Deferment Of Judgment, -Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-126_Suspension_Or_Deferment_Of_Judgment,_Powers){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-127 Payment Of Costs By -Defendant](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-127_Payment_Of_Costs_By_Defendant){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-128 Witness -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-128_Witness_Fees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-129 Enforcement Of Fines And Costs, Imprisonment, Work And -Community -Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-129_Enforcement_Of_Fines_And_Costs,_Imprisonment,_Work_And_Community_Service){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-130 Same Offense Punishable By Different Sections Of -Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-130_Same_Offense_Punishable_By_Different_Sections_Of_Code){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-131 Contempt Of -Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-131_Contempt_Of_Court){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-132 Juvenile Traffic -Offenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-132_Juvenile_Traffic_Offenses){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-133 Penalty -Assessments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-133_Penalty_Assessments){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-134 Fines Recoverable By Civil Action; Failure To Pay Separate -Offense, -Imprisonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-134_Fines_Recoverable_By_Civil_Action;_Failure_To_Pay_Separate_Offense,_Imprisonment){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 6-101 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-101_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Chief of police* means the peace officer in charge of the police force -of the city. - -*Clerk* 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\'s office. - -*Court* means the municipal criminal court of the city. - -*Judge* 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. - -*This judicial district* means the district court judicial district of -the state wherein the government of the city is situated. - -(Prior Code, § 15-2; Code 1999, § 6-101) - -<div> - -::: phx-name -[Sec 6-102 -Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-102_Purpose){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 15-1; Code 1999, § 6-102) - -<div> - -::: phx-name -[Sec 6-103 -Jurisdiction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-103_Jurisdiction){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The court shall exercise original jurisdiction to hear and determine all -prosecutions wherein a violation of any ordinance of the city is -charged. - -(Prior Code, § 15-1; Code 1999, § 6-103) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-103. - -<div> - -::: phx-name -[Sec 6-104 Change Of Venue; Disqualification Of -Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-104_Change_Of_Venue;_Disqualification_Of_Judge){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 15-15; Code 1999, § 6-104) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-105. - -<div> - -::: phx-name -[Sec 6-105 Chief Of Police As Principal Officer Of -Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-105_Chief_Of_Police_As_Principal_Officer_Of_Court){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 15-19; Code 1999, § 6-105) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-110. - -<div> - -::: phx-name -[Sec 6-106 Clerk Of Court; -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-106_Clerk_Of_Court;_Duties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The clerk or a deputy designated by him shall be the clerk of the - court. -2. The clerk shall: - 1. Assist the judge in recording the proceedings of the court and - in preparing writs, processes and other papers; - 2. Administer oaths required in proceedings before the court; - 3. Enter all pleadings, processes and proceedings in the dockets of - the courts; - 4. Perform such other clerical duties relating to the proceedings - of the court as the judge shall direct; and - 5. 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. -3. 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. - -(Prior Code, § 15-16; Code 1999, § 6-106) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-109. - -<div> - -::: phx-name -[Sec 6-107 City Attorney, Powers And -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-107_City_Attorney,_Powers_And_Duties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 15-18; Code 1999, § 6-107) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-108. - -<div> - -::: phx-name -[Sec 6-108 -Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-108_Bond){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 15-17; Code 1999, § 6-108) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-111. - -<div> - -::: phx-name -[Sec 6-109 Authority Of Judge To Prescribe -Rules](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-109_Authority_Of_Judge_To_Prescribe_Rules){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 6-109) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-114. - -<div> - -::: phx-name -[Sec 6-110 Traffic Violations Bureau Created; Payment Of Fines, Fines In -Lieu Of -Appearance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-110_Traffic_Violations_Bureau_Created;_Payment_Of_Fines,_Fines_In_Lieu_Of_Appearance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. Driving while intoxicated or driving while impaired; - 2. Leaving the scene of an accident; - 3. Reckless driving; - 4. Violation of financial responsibility requirements; - 5. Driver\'s license offenses (e.g., suspended, revoked, etc.); or - 6. 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. -2. 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. - -(Code 1999, § 6-110) - -<div> - -::: phx-name -[Sec 6-111 Designation Of Fines, Traffic Violations -Bureau](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-111_Designation_Of_Fines,_Traffic_Violations_Bureau){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 6-111) - -<div> - -::: phx-name -[Sec 6-112 Prosecutions; Filing Of Complaint; Fees, Defects Raised Prior -To -Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-112_Prosecutions;_Filing_Of_Complaint;_Fees,_Defects_Raised_Prior_To_Trial){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. All prosecutions for violation of ordinances of this city shall be - styled \"The City of Moore, Oklahoma vs. (naming defendant or - defendants).\" 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. -2. 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. -3. 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. -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. - -(Prior Code, §§ 15-20, 15-21; Code 1999, § 6-112) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-115. - -<div> - -::: phx-name -[Sec 6-113 Ordinance Violations; Procedures For Issuing Citation; -Custody, -Arrest](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-113_Ordinance_Violations;_Procedures_For_Issuing_Citation;_Custody,_Arrest){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. - -(Code 1999, § 6-113) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-117. - -<div> - -::: phx-name -[Sec 6-114 Traffic Bail Bond -Act](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-114_Traffic_Bail_Bond_Act){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 6-114) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-117.1. - -<div> - -::: phx-name -[Sec 6-115 Issuance Of Summons; Failure To -Appear](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-115_Issuance_Of_Summons;_Failure_To_Appear){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Prior Code, § 15-22; Code 1999, § 6-115) - -<div> - -::: phx-name -[Sec 6-116 Failure To Appear According To Terms Of Bond, Bond -Forfeiture, Bench -Warrant](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-116_Failure_To_Appear_According_To_Terms_Of_Bond,_Bond_Forfeiture,_Bench_Warrant){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. Court costs shall be collectible from the proceeds of the bond. - -(Code 1999, § 6-116) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-118. - -<div> - -::: phx-name -[Sec 6-117 Complainant, Witnesses, Failure To -Appear](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-117_Complainant,_Witnesses,_Failure_To_Appear){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 6-117) - -<div> - -::: phx-name -[Sec 6-118 Arrests, Release By Signing Citation; Bail; Amount And -Conditions, Temporary Cash -Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-118_Arrests,_Release_By_Signing_Citation;_Bail;_Amount_And_Conditions,_Temporary_Cash_Bond){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s - license when charged with a traffic violation. -2. 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. -3. 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. - -(Prior Code, § 15-23; Code 1999, § 6-118) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-117. - -<div> - -::: phx-name -[Sec 6-119 Procedures For Bail Or Bond -Schedule](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-119_Procedures_For_Bail_Or_Bond_Schedule){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The city\'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. - -(Prior Code, § 15-24; Code 1999, § 6-119; Ord. No. 408(03), 5-5-2003; -Ord. No. 513(05), 8-15-2005) - -<div> - -::: phx-name -[Sec 6-120 -Arraignment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-120_Arraignment){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 15-25; Code 1999, § 6-120) - -<div> - -::: phx-name -[Sec 6-121 Postponement Of -Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-121_Postponement_Of_Trial){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 15-26; Code 1999, § 6-121) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[794(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325950_Ordinance%20No.%20794%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 7/6/2015\ -* -::: - -<div> - -::: phx-name -[Sec 6-122 Defendant\'s Presence Required At -Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-122_Defendant's_Presence_Required_At_Trial){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The defendant must be present in person at the trial of his case in -court. - -(Prior Code, § 15-27; Code 1999, § 6-122) - -<div> - -::: phx-name -[Sec 6-123 Procedure For Trials Not Within Scope Of -Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-123_Procedure_For_Trials_Not_Within_Scope_Of_Chapter){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s service fee account a fee of \$20.00. - -(Prior Code, § 15-28; Code 1999, § 6-123) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-113. - -<div> - -::: phx-name -[Sec 6-124 -Judgment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-124_Judgment){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -1. If judgment is of acquittal, and the defendant is not to be detained - for any other legal cause, he must be discharged at once; -2. 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 -3. 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. - -(Prior Code, §§ 15-30---15-33; Code 1999, § 6-124) - -<div> - -::: phx-name -[Sec 6-125 Judgment Of -Imprisonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-125_Judgment_Of_Imprisonment){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 15-34; Code 1999, § 6-125) - -<div> - -::: phx-name -[Sec 6-126 Suspension Or Deferment Of Judgment, -Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-126_Suspension_Or_Deferment_Of_Judgment,_Powers){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. A defendant is not entitled to a deferred sentence if the defendant - has been previously convicted of a felony. -3. 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. -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. -5. 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. -6. 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. -7. 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. - -(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) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-123. - -<div> - -::: phx-name -[Sec 6-127 Payment Of Costs By -Defendant](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-127_Payment_Of_Costs_By_Defendant){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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\'s office, the remaining - amount shall be paid to the municipality, the sheriff\'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. -3. 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\'s - jail account as authorized by 19 O.S. § 531. If the funds collected - from the inmate\'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. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[795(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326001_Ordinance%20No.%20795%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 7/6/2015\ -* -::: - -<div> - -::: phx-name -[Sec 6-128 Witness -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-128_Witness_Fees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. 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\'s case; - 2. That the defendant by reason of his poverty is unable to provide - the fees and mileage allowed by law; - 3. That the testimony of such witness is material; and - 4. That the attendance at the trial is necessary to his proper - defense. -2. 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. - -(Prior Code, § 15-29; Code 1999, § 6-128) - -<div> - -::: phx-name -[Sec 6-129 Enforcement Of Fines And Costs, Imprisonment, Work And -Community -Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-129_Enforcement_Of_Fines_And_Costs,_Imprisonment,_Work_And_Community_Service){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. If a defendant who is financially able refuses or neglects to pay a - fine or costs, or both, payment may be enforced: - 1. By imprisonment until the same shall be satisfied at the rate of - \$25.00 per day; - 2. The amount established by state law; or - 3. In the same manner as is prescribed in subsection (B) of this - section for a defendant who is without means to make such - payment. -2. 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. -3. 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. -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. - -(Code 1999, § 6-129) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-122. - -<div> - -::: phx-name -[Sec 6-130 Same Offense Punishable By Different Sections Of -Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-130_Same_Offense_Punishable_By_Different_Sections_Of_Code){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 6-130) - -<div> - -::: phx-name -[Sec 6-131 Contempt Of -Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-131_Contempt_Of_Court){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 15-38; Code 1999, § 6-131) - -<div> - -::: phx-name -[Sec 6-132 Juvenile Traffic -Offenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-132_Juvenile_Traffic_Offenses){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. - -(Prior Code, § 15-4, in part; Code 1999, § 6-132) - -**State Law reference**--- Juvenile jurisdiction, 10A O.S. § 2-2-103. - -<div> - -::: phx-name -[Sec 6-133 Penalty -Assessments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-133_Penalty_Assessments){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Any person: - 1. Convicted of an offense punishable by a fine of \$10.00 or more - or by imprisonment, excluding parking and standing violations; - or - 2. 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. -2. Upon conviction or bond forfeiture, the court shall collect the - assessment and deposit the monies for payment as required by state - law. -3. 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. -4. For the purpose of this section, the term \"conviction\" 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. - -(Prior Code, § 15-37.1; Code 1999, § 6-133; Ord. No. 349, 12-19-1983) - -<div> - -::: phx-name -[Sec 6-134 Fines Recoverable By Civil Action; Failure To Pay Separate -Offense, -Imprisonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-134_Fines_Recoverable_By_Civil_Action;_Failure_To_Pay_Separate_Offense,_Imprisonment){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. All fines shall be recoverable by civil action before any court of - competent jurisdiction in addition to any other method provided by - law. -2. 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. -3. 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. - -(Code 1999, § 6-134) - -<div> - -::: phx-name -[CHAPTER 6-2 -JUDGE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-2_JUDGE){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 6-201 Created; -Qualifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-201_Created;_Qualifications){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-202 Term Of -Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-202_Term_Of_Office){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-203 Acting -Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-203_Acting_Judge){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-204 Appointment Of Judge, Alternate -Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-204_Appointment_Of_Judge,_Alternate_Judge){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-205 -Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-205_Compensation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-206 Removal Of Judge From -Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-206_Removal_Of_Judge_From_Office){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-207 -Vacancy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-207_Vacancy){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-208 Additional Duties Of Judge, Advice To Boards And -Commissions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-208_Additional_Duties_Of_Judge,_Advice_To_Boards_And_Commissions){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 6-201 Created; -Qualifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-201_Created;_Qualifications){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 15-5; Code 1999, § 6-201) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-104. - -<div> - -::: phx-name -[Sec 6-202 Term Of -Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-202_Term_Of_Office){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The official term of the judge shall be indefinite. - -(Prior Code, § 15-7; Code 1999, § 6-202) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-104. - -<div> - -::: phx-name -[Sec 6-203 Acting -Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-203_Acting_Judge){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 15-11; Code 1999, § 6-203) - -<div> - -::: phx-name -[Sec 6-204 Appointment Of Judge, Alternate -Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-204_Appointment_Of_Judge,_Alternate_Judge){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Judges shall be appointed as provided in the city Charter. -2. 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. - -(Prior Code, §§ 15-6, 15-11; Code 1999, § 6-204) - -<div> - -::: phx-name -[Sec 6-205 -Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-205_Compensation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 6-205) - -<div> - -::: phx-name -[Sec 6-206 Removal Of Judge From -Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-206_Removal_Of_Judge_From_Office){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. - -(Prior Code, § 15-13; Code 1999, § 6-206) - -**State Law reference**--- Similar provisions, 11 O.S. § 27-104. - -<div> - -::: phx-name -[Sec 6-207 -Vacancy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-207_Vacancy){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. A vacancy in the office of judge shall occur if the incumbent: - 1. Dies; - 2. Resigns; - 3. Ceases to possess the qualifications for the office; or - 4. Is removed, and the removal proceeding has been affirmed finally - in judicial proceedings or is no longer subject to judicial - review. -2. 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. - -(Prior Code, § 15-14; Code 1999, § 6-207) - -<div> - -::: phx-name -[Sec 6-208 Additional Duties Of Judge, Advice To Boards And -Commissions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-208_Additional_Duties_Of_Judge,_Advice_To_Boards_And_Commissions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 6-208; Ord. No. 415, 10-20-1986) - -<div> - -::: phx-name -[CHAPTER 6-3 JURY -TRIALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-3_JURY_TRIALS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 6-301 Right To Trial By Jury, -Waiver](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-301_Right_To_Trial_By_Jury,_Waiver){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-302 Selection Of -Jurors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-302_Selection_Of_Jurors){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-303 Summons Of Jurors; Form; -Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-303_Summons_Of_Jurors;_Form;_Service){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-304 Composition Of Jury; Duty Of -Jurors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-304_Composition_Of_Jury;_Duty_Of_Jurors){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-305 Determination Of Questions Of -Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-305_Determination_Of_Questions_Of_Law){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-306 -Verdict](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-306_Verdict){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-307 Juror\'s -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-307_Juror's_Fees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-308 Cost Bond For Jury -Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-308_Cost_Bond_For_Jury_Trial){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-309 Misconduct Of Jurors -Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-309_Misconduct_Of_Jurors_Generally){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-310 Responsibility Of Officer In Charge Of -Jury](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-310_Responsibility_Of_Officer_In_Charge_Of_Jury){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 6-301 Right To Trial By Jury, -Waiver](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-301_Right_To_Trial_By_Jury,_Waiver){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Prior Code, §§ 15-51---15-53; Code 1999, § 6-301; Ord. No. 135(95), -11-6-1995) - -**State Law reference**--- Similar provisions, 27 O.S. § 27-119. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[969(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785603_Ordinance%20969.21.pdf){.k-link -target="_blank" style="color:#0000EE"} on 3/15/2021\ -* -::: - -<div> - -::: phx-name -[Sec 6-302 Selection Of -Jurors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-302_Selection_Of_Jurors){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 15-54; Code 1999, § 6-302) - -**State Law reference**--- Similar provisions, 27 O.S. § 27-120. - -<div> - -::: phx-name -[Sec 6-303 Summons Of Jurors; Form; -Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-303_Summons_Of_Jurors;_Form;_Service){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - ----------------------- ----------------------- ----------------------- - State of Oklahoma\ ) \ - - \ ) ss. - - County of Cleveland\ ) \ - ----------------------- ----------------------- ----------------------- - - 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.\ - Hereof fail not, under penalty of law.\ - Issued under the authority of the Court, this \_\_\_ day of - \_\_\_\_\_\_\_\_, 2\_\_\_.\ - \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ - Clerk of the Municipal Court of Moore, Oklahoma\ - Seal of the Court -2. 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. - -(Prior Code, § 15-55; Code 1999, § 6-303) - -<div> - -::: phx-name -[Sec 6-304 Composition Of Jury; Duty Of -Jurors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-304_Composition_Of_Jury;_Duty_Of_Jurors){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. A verdict of the jury may be rendered by the vote of five jurors. - -(Prior Code, §§ 15-56, 15-57, 15-60; Code 1999, § 6-304) - -**State Law reference**--- Similar provisions, 27 O.S. § 27-119. - -<div> - -::: phx-name -[Sec 6-305 Determination Of Questions Of -Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-305_Determination_Of_Questions_Of_Law){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 15-58; Code 1999, § 6-305) - -<div> - -::: phx-name -[Sec 6-306 -Verdict](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-306_Verdict){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code,§§ 15-59, 15-61; Code 1999, § 6-306) - -<div> - -::: phx-name -[Sec 6-307 Juror\'s -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-307_Juror's_Fees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s residence and -the route and miles traveled, and must be verified as other claims -against the city are verified. - -(Prior Code, § 15-64; Code 1999, § 6-307) - -<div> - -::: phx-name -[Sec 6-308 Cost Bond For Jury -Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-308_Cost_Bond_For_Jury_Trial){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 6-308) - -<div> - -::: phx-name -[Sec 6-309 Misconduct Of Jurors -Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-309_Misconduct_Of_Jurors_Generally){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Prior Code, § 15-62; Code 1999, § 6-309) - -<div> - -::: phx-name -[Sec 6-310 Responsibility Of Officer In Charge Of -Jury](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-310_Responsibility_Of_Officer_In_Charge_Of_Jury){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 15-63; Code 1999, § 6-310) - -<div> - -::: phx-name -[CHAPTER 6-4 PROCEEDING AGAINST -CORPORATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-4_PROCEEDING_AGAINST_CORPORATIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 6-401 Summons; Issuance To -Corporations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-401_Summons;_Issuance_To_Corporations){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-402 Form Of Corporation -Summons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-402_Form_Of_Corporation_Summons){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-403 Service Of -Summons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-403_Service_Of_Summons){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-404 -Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-404_Trial){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 6-405 Collection Of -Fines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-405_Collection_Of_Fines){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 6-401 Summons; Issuance To -Corporations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-401_Summons;_Issuance_To_Corporations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 6-401) - -<div> - -::: phx-name -[Sec 6-402 Form Of Corporation -Summons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-402_Form_Of_Corporation_Summons){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The summons authorized by section 6-401 must be in substantially the -following form: - -In the name of the City of Moore, Oklahoma. - -To \_\_\_\_\_\_\_\_\_\_\_. - -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). - -Dated at the City of Moore, Oklahoma, this \_\_\_\_\_. - -\_\_\_\_\_\_\_\_\_\_\_\_\_\_ - -Municipal Judge - -(Code 1999, § 6-402) - -<div> - -::: phx-name -[Sec 6-403 Service Of -Summons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-403_Service_Of_Summons){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 6-403) - -<div> - -::: phx-name -[Sec 6-404 -Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-404_Trial){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 6-404) - -<div> - -::: phx-name -[Sec 6-405 Collection Of -Fines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-405_Collection_Of_Fines){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 6-405) - -<div> - -::: {.phx-name .phx-break} -[PART 7 FINANCE AND -TAXATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_7_FINANCE_AND_TAXATION){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 7-1 FINANCES -GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-1_FINANCES_GENERALLY){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 7-2 PURCHASES BY -CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-2_PURCHASES_BY_CITY){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 7-3 SALES -TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-3_SALES_TAX){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 7-4 USE -TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-4_USE_TAX){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 7-5 HOTEL -TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-5_HOTEL_TAX){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 7-6 TELEPHONE EXCHANGE -FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-6_TELEPHONE_EXCHANGE_FEE){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 7-7 UTILITY -TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-7_UTILITY_TAX){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 7-8 UNCLAIMED -PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-8_UNCLAIMED_PROPERTY){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[CHAPTER 7-1 FINANCES -GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-1_FINANCES_GENERALLY){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 7-101 Appropriation Of -Monies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-101_Appropriation_Of_Monies){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-102 -Investments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-102_Investments){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-103 Depositories Designated, Deposit Of -Funds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-103_Depositories_Designated,_Deposit_Of_Funds){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-104 Capital Improvement -Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-104_Capital_Improvement_Fund){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-105 Authorized Signature On Checks And -Warrants](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-105_Authorized_Signature_On_Checks_And_Warrants){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-106 General Fund Reserve -Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-106_General_Fund_Reserve_Fund){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 7-101 Appropriation Of -Monies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-101_Appropriation_Of_Monies){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 2-196; Code 1999, § 7-101) - -<div> - -::: phx-name -[Sec 7-102 -Investments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-102_Investments){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 2-198; Code 1999, § 7-102) - -<div> - -::: phx-name -[Sec 7-103 Depositories Designated, Deposit Of -Funds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-103_Depositories_Designated,_Deposit_Of_Funds){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 2-211; Code 1999, § 7-103) - -<div> - -::: phx-name -[Sec 7-104 Capital Improvement -Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-104_Capital_Improvement_Fund){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. As used in this section, the term \"capital improvement\" 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. - -(Prior Code, § 2-246; Code 1999, § 7-105) - -<div> - -::: phx-name -[Sec 7-105 Authorized Signature On Checks And -Warrants](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-105_Authorized_Signature_On_Checks_And_Warrants){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-106; Ord. No. 84(94), 6-6-1994) - -**State Law reference**--- Uniform Facsimile Signature of Public -Officials Act, 62 O.S. § 601 et seq. - -<div> - -::: phx-name -[Sec 7-106 General Fund Reserve -Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-106_General_Fund_Reserve_Fund){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[923(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288133_Ordinance%20923(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/7/2019\ -* -::: - -<div> - -::: phx-name -[CHAPTER 7-2 PURCHASES BY -CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-2_PURCHASES_BY_CITY){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 7-201 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-201_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-202 By Whom -Made](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-202_By_Whom_Made){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-203 Prior Approval Required; Splitting Contracts -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-203_Prior_Approval_Required;_Splitting_Contracts_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-204 Bidding -Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-204_Bidding_Generally){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-205 When Bidding Not -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-205_When_Bidding_Not_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-206 Emergency -Purchases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-206_Emergency_Purchases){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-207 Disposition Of Surplus Or Obsolete Materials, -Bidding](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-207_Disposition_Of_Surplus_Or_Obsolete_Materials,_Bidding){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-208 When Competitive Bidding Not -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-208_When_Competitive_Bidding_Not_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-209 Sale Of -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-209_Sale_Of_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-210 Sale Of -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-210_Sale_Of_Property){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 7-201 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-201_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Contractual services* 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. - -(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) - -<div> - -::: phx-name -[Sec 7-202 By Whom -Made](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-202_By_Whom_Made){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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: - 1. Proper authorization of transaction and activities; - 2. Adequate segregation of duties; - 3. Adequate documents and records; - 4. Adequate safeguards over access to and use of assets and - records; and - 5. Independent checks on performance. -3. 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: - 1. Identification and recording of all valid transactions; - 2. Description on a timely basis of the type of transaction in - sufficient detail to permit proper classification of the - transaction for financial reporting; - 3. Measurements of the transactions value in a manner that permits - recording of its monetary value in the financial statements; - 4. Determination of the time period in which the transaction - occurred to permit recording of the transaction in the proper - accounting period; - 5. Proper presentation of the transaction and related disclosures - in financial statements. -4. Exceptions. - 1. 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. - 2. 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: - 1. Oklahoma Natural Gas. - 2. Oklahoma Gas and Electric. - 3. Oklahoma Electric Cooperative. - 4. City of Oklahoma City. - 5. Republic Services. - 6. Veolia Water/US Filter/Professional Services Group. - 7. Silverstar Construction. - 8. Construction or engineering companies related to G.O. Bond - projects. - 9. Software vendors. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[960(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1631910902_Ordinance%20960(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/19/2021\ -Amended by Ord. -[991(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/18/2021\ -Amended by Ord. -[1030.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1691700320_1030.23.pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/5/2023\ -* -::: - -<div> - -::: phx-name -[Sec 7-203 Prior Approval Required; Splitting Contracts -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-203_Prior_Approval_Required;_Splitting_Contracts_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. 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; - 2. 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. -2. 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. - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[991(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/18/2021\ -Amended by Ord. -[1052.24](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1052.24.pdf){.k-link -target="_blank" style="color:#0000EE"} on 4/2/2024\ -* -::: - -<div> - -::: phx-name -[Sec 7-204 Bidding -Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-204_Bidding_Generally){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(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) - -**State Law reference**--- Public competitive bidding, 61 O.S. § 101 et -seq. - -<div> - -::: phx-name -[Sec 7-205 When Bidding Not -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-205_When_Bidding_Not_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The following may be purchased without giving an opportunity for -competitive bidding: - -1. 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; -2. 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. - 1. Only a single vendor offers a software program that meets the - City\'s needs and requirements; - 2. 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.\ -3. 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; -4. Equipment to replace existing equipment which has become inoperable - when the council declares the purchase an emergency; -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; -6. 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; -7. Contractual services of a professional nature, such as engineering, - architectural, medical and legal services; -8. 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; -9. 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 \"public - improvement\" 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 -10. Material or equipment needing repair when covered by a policy of - insurance where the repair does not exceed \$100,000.00. -11. 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.\ - -```{=html} -<!-- --> -``` - -::: {#icepastediv contenteditable="true" style="width: 1px; height: 1px; overflow: hidden; position: fixed; top: 10px; left: 10px;"} -1. [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. - ]{mce-style="text-decoration: underline;" - style="text-decoration-line: underline;"}\ -::: - -::: phx-docs -HISTORY\ -*Amended by Ord. -[986(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_986%20(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 9/20/2021\ -Amended by Ord. -[991(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/18/2021\ -Amended by Ord. -[999(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_999(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/18/2022\ -Amended by Ord. -[1001.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1001.22.pdf){.k-link -target="_blank" style="color:#0000EE"} on 2/7/2022\ -* -::: - -<div> - -::: phx-name -[Sec 7-206 Emergency -Purchases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-206_Emergency_Purchases){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. The function of the city government; - 2. The preservation or protection of property; or - 3. The health or safety of any persons. -2. 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. - -(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) - -<div> - -::: phx-name -[Sec 7-207 Disposition Of Surplus Or Obsolete Materials, -Bidding](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-207_Disposition_Of_Surplus_Or_Obsolete_Materials,_Bidding){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 2-231; Code 1999, § 7-207; Ord. No. 63(93), 10-18-1993) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1024.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692206852_1024.23%20signed.pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/5/2023\ -* -::: - -<div> - -::: phx-name -[Sec 7-208 When Competitive Bidding Not -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-208_When_Competitive_Bidding_Not_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The city manager may dispose of the following without giving an -opportunity for competitively bidding: - -1. Surplus or obsolete supplies, materials or equipment whose total - value does not exceed \$1000.00 in a single transaction; -2. Supplies, materials or equipment when sold at a price at least as - great as that paid by the city for the same; or -3. 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. - -(Prior Code, § 2-232; Code 1999, § 7-208; Ord. No. 353(02), 4-1-2002) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1024.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692206852_1024.23%20signed.pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/5/2023\ -* -::: - -<div> - -::: phx-name -[Sec 7-209 Sale Of -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-209_Sale_Of_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 7-211) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[783(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325179_Ordinance%20No.%20783%20(14).pdf){.k-link -target="_blank" style="color:#0000EE"} on 11/3/2014\ -* -::: - -<div> - -::: phx-name -[Sec 7-210 Sale Of -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-210_Sale_Of_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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.\ - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[981(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1626796757_ordinance%20981.21.pdf){.k-link -target="_blank" style="color:#0000EE"} on 7/19/2021\ -* -::: - -<div> - -::: phx-name -[CHAPTER 7-3 SALES -TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-3_SALES_TAX){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 7-3A GENERAL SALES -TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-3A_GENERAL_SALES_TAX){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- State sales tax, 68 O.S. § 1350 et seq.; -municipal sales taxes, 68 O.S. § 2701 et seq.\ - -<div> - -::: phx-name -[ARTICLE 7-3A GENERAL SALES -TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-3A_GENERAL_SALES_TAX){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 7-301 Citation Of -Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-301_Citation_Of_Chapter){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-302 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-302_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-303 Classification Of -Taxpayers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-303_Classification_Of_Taxpayers){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-304 Subsisting State -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-304_Subsisting_State_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-305 Purpose Of Revenues; Disposition Of -Proceeds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-305_Purpose_Of_Revenues;_Disposition_Of_Proceeds){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-306 Tax Rate; Sales Subject To -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-306_Tax_Rate;_Sales_Subject_To_Tax){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-307 Exemptions, Sales Subject To Other -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-307_Exemptions,_Sales_Subject_To_Other_Tax){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-308 Tax Due And -Payable](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-308_Tax_Due_And_Payable){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-309 Payment Of Tax; -Brackets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-309_Payment_Of_Tax;_Brackets){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-310 Tax Constitutes Prior -Claim](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-310_Tax_Constitutes_Prior_Claim){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-311 Vendor\'s Duty To Collect -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-311_Vendor's_Duty_To_Collect_Tax){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-312 Returns And Remittances; -Discounts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-312_Returns_And_Remittances;_Discounts){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-313 Interest And Penalties; Delinquency; Discount -Forfeiture](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-313_Interest_And_Penalties;_Delinquency;_Discount_Forfeiture){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-314 Waiver Of Interest And -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-314_Waiver_Of_Interest_And_Penalties){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-315 Erroneous Payments; Claim For -Refund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-315_Erroneous_Payments;_Claim_For_Refund){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-316 Failure To File, Fraudulent Returns; -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-316_Failure_To_File,_Fraudulent_Returns;_Penalties){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-317 Tax Records -Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-317_Tax_Records_Confidential){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-318 Provisions -Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-318_Provisions_Cumulative){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-319 Amendments To -Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-319_Amendments_To_Chapter){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-320 Additional 0.50 Percent Sales -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-320_Additional_0.50_Percent_Sales_Tax){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-321 Additional 0.25 Percent Sales -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-321_Additional_0.25_Percent_Sales_Tax){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-322 Additional 0.1250 Percent Sales -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-322_Additional_0.1250_Percent_Sales_Tax){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 7-301 Citation Of -Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-301_Citation_Of_Chapter){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -This chapter shall be known and may be cited as the \"City Sales Tax -Ordinance.\" - -(Prior Code, § 21-16; Code 1999, § 7-301) - -<div> - -::: phx-name -[Sec 7-302 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-302_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Tax collector* 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. - -(Prior Code, § 21-18, in part; Code 1999, § 7-302) - -<div> - -::: phx-name -[Sec 7-303 Classification Of -Taxpayers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-303_Classification_Of_Taxpayers){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.). - -(Prior Code, § 21-28; Code 1999, § 7-303) - -<div> - -::: phx-name -[Sec 7-304 Subsisting State -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-304_Subsisting_State_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-19; Code 1999, § 7-304) - -<div> - -::: phx-name -[Sec 7-305 Purpose Of Revenues; Disposition Of -Proceeds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-305_Purpose_Of_Revenues;_Disposition_Of_Proceeds){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 21-20; Code 1999, § 7-305) - -<div> - -::: phx-name -[Sec 7-306 Tax Rate; Sales Subject To -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-306_Tax_Rate;_Sales_Subject_To_Tax){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.). - -(Prior Code, § 21-21; Code 1999, § 7-306; Ord. No. 595(07), 7-16-2007; -Ord. No. 677(10), 8-16-2010) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[725(12)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601322944_Ordinance%20No.%20725%20(12).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/20/2012\ -* -::: - -<div> - -::: phx-name -[Sec 7-307 Exemptions, Sales Subject To Other -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-307_Exemptions,_Sales_Subject_To_Other_Tax){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-22, in part; Code 1999, § 7-307) - -<div> - -::: phx-name -[Sec 7-308 Tax Due And -Payable](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-308_Tax_Due_And_Payable){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-25; Code 1999, § 7-313) - -<div> - -::: phx-name -[Sec 7-309 Payment Of Tax; -Brackets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-309_Payment_Of_Tax;_Brackets){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 21-26; Code 1999, § 7-314) - -<div> - -::: phx-name -[Sec 7-310 Tax Constitutes Prior -Claim](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-310_Tax_Constitutes_Prior_Claim){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-27; Code 1999, § 7-315) - -<div> - -::: phx-name -[Sec 7-311 Vendor\'s Duty To Collect -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-311_Vendor's_Duty_To_Collect_Tax){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Prior Code, § 21-28; Code 1999, § 7-316) - -**State Law reference**--- Vendor\'s duty to collect tax, 68 O.S. § -1310. - -<div> - -::: phx-name -[Sec 7-312 Returns And Remittances; -Discounts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-312_Returns_And_Remittances;_Discounts){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-30; Code 1999, § 7-317) - -<div> - -::: phx-name -[Sec 7-313 Interest And Penalties; Delinquency; Discount -Forfeiture](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-313_Interest_And_Penalties;_Delinquency;_Discount_Forfeiture){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 68 O.S. § 217 is adopted and made a part of this chapter. -2. 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. -3. 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. -4. If such delinquency continues for a period of five days, the - taxpayer shall forfeit his claim to any discount allowed under this - chapter. - -(Prior Code, § 21-31; Code 1999, § 7-318) - -<div> - -::: phx-name -[Sec 7-314 Waiver Of Interest And -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-314_Waiver_Of_Interest_And_Penalties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The interest or penalty or any portion thereof accruing by reason of - a taxpayer\'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. -2. 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. - -(Prior Code, § 21-32; Code 1999, § 7-319) - -<div> - -::: phx-name -[Sec 7-315 Erroneous Payments; Claim For -Refund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-315_Erroneous_Payments;_Claim_For_Refund){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 21-33; Code 1999, § 7-320) - -<div> - -::: phx-name -[Sec 7-316 Failure To File, Fraudulent Returns; -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-316_Failure_To_File,_Fraudulent_Returns;_Penalties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No person shall: - 1. Intentionally fail or refuse to make tax reports and remittances - as required under this chapter; or - 2. 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. -2. 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. -3. 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. -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. - -(Prior Code, § 21-34; Code 1999, § 7-321; Ord. No. 416, 11-3-1986) - -<div> - -::: phx-name -[Sec 7-317 Tax Records -Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-317_Tax_Records_Confidential){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-35; Code 1999, § 7-322) - -<div> - -::: phx-name -[Sec 7-318 Provisions -Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-318_Provisions_Cumulative){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The provisions of this chapter shall be cumulative and in addition to -any and all other taxing provisions of city ordinances. - -(Prior Code, § 21-37; Code 1999, § 7-323) - -<div> - -::: phx-name -[Sec 7-319 Amendments To -Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-319_Amendments_To_Chapter){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-36; Code 1999, § 7-324) - -<div> - -::: phx-name -[Sec 7-320 Additional 0.50 Percent Sales -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-320_Additional_0.50_Percent_Sales_Tax){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Definitions*. 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 \"state - sales tax code\") are hereby adopted by reference and made a part of - this section. -2. *Effective date and date of termination*. 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. -3. *Purpose of revenues*. 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 - \"sales tax ordinance\"), is hereby amended by adding the following - language to said sales tax ordinance, for the following purpose: - 1. *Purpose of extension of existing 0.50 percent sales tax*. 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: - 1. *Residential street and residential collector street - repair*. 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; - 2. *Public safety machinery and/or equipment*. 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 - 3. *Public safety operations*. 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. -4. *Levy of Tax---This Tax In addition; Administration Procedures; - Exemptions.* 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. -5. *Total effective excise tax*. The rate of tax set forth in the sales - tax ordinance of the City of Moore, Oklahoma, is hereby maintained - at 3.75 percent. -6. *Amendments*. 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. -7. *Provisions severable*. 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. -8. *Provisions cumulative*. The provisions hereof shall be cumulative, - and in addition to any and all other taxing provisions of the sales - tax ordinance. -9. *Incorporation of section*. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[780(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325125_Ordinance%20No.%20780%20(14).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/18/2014\ -Amended by Ord. -[888(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346079_Ordinance%20No.%20888%20(18).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/6/2018\ -* -::: - -<div> - -::: phx-name -[Sec 7-321 Additional 0.25 Percent Sales -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-321_Additional_0.25_Percent_Sales_Tax){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Definitions*. 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 \"state - sales tax code\"), are hereby adopted by reference and made a part - of this section. -2. *Effective date and date of termination*. 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. -3. *Purpose of revenues*. 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.\ -4. *Levy of tax; this tax in addition; administration procedures; - exemptions*. 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. -5. *Total effective excise tax*. The rate of tax set forth in the sales - tax ordinance of the city is hereby maintained at 3.75 percent. -6. *Amendments*. 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. -7. *Provisions cumulative*. The provisions hereof shall be cumulative, - and in addition to any and all other taxing provisions of the sales - tax ordinance. -8. *Incorporation of section*. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[829(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328364_Ordinance%20No.%20829%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/1/2016\ -Amended by Ord. -[949(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350502_949%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/3/2020\ -Amended by Ord. -[961(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_961(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 2/1/2021\ -* -::: - -<div> - -::: phx-name -[Sec 7-322 Additional 0.1250 Percent Sales -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-322_Additional_0.1250_Percent_Sales_Tax){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Definitions*. 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 \"Oklahoma Sales Tax Code\") are - hereby adopted by reference and made a part of this section. -2. *Effective date and date of termination*. 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. -3. *Purpose of revenues*. 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 \"sales tax - ordinance\"), is hereby amended by adding the following language to - said sales tax ordinance, for the following purpose: - 1. *Purpose of additional one-eighth of one percent sales tax*. 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: - 1. 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. -4. *Levy of Tax---This Tax In addition; Administration Procedures; - Exemptions*. 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. -5. *Total effective excise tax*. 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. -6. *Amendments*. 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. -7. *Provisions severable*. 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. -8. *Provisions cumulative*. The provisions hereof shall be cumulative, - and in addition to any and all other taxing provisions of the sales - tax ordinance. -9. *Incorporation of section*. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[922(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288112_Ordinance%20922(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 9/3/2019\ -* -::: - -<div> - -::: phx-name -[CHAPTER 7-4 USE -TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-4_USE_TAX){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 7-401 Citation And -Codification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-401_Citation_And_Codification){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-402 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-402_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-403 Use Tax On Storage, Use Or Other Consumption Of Intangible, -Personal Property -Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-403_Use_Tax_On_Storage,_Use_Or_Other_Consumption_Of_Intangible,_Personal_Property_Levied){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-404 Purpose Of -Revenues](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-404_Purpose_Of_Revenues){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-405 -Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-405_Exemptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-406 Time When Due, Returns, -Payment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-406_Time_When_Due,_Returns,_Payment){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-407 Tax Constitutes -Debt](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-407_Tax_Constitutes_Debt){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-408 Bracket -System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-408_Bracket_System){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-409 Collection Of Tax By Retailer Or -Vendor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-409_Collection_Of_Tax_By_Retailer_Or_Vendor){.k-link -target="_blank" style="color:#0000EE"}\ -[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](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){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-411 Revoking -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-411_Revoking_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-412 Remunerative Deductions Allowed Vendors Or Retailers Of Other -States](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-412_Remunerative_Deductions_Allowed_Vendors_Or_Retailers_Of_Other_States){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-413 Interest And Penalties, -Delinquency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-413_Interest_And_Penalties,_Delinquency){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-414 Waiver Of Interest And -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-414_Waiver_Of_Interest_And_Penalties){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-415 Erroneous Payments, Claim For -Refund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-415_Erroneous_Payments,_Claim_For_Refund){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-416 Fraudulent -Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-416_Fraudulent_Returns){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-417 Records -Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-417_Records_Confidential){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-418 Classification Of -Taxpayers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-418_Classification_Of_Taxpayers){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-419 Subsisting State -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-419_Subsisting_State_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-420 Provisions -Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-420_Provisions_Cumulative){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- State use tax, 68 O.S. § 1401 et seq.\ - -<div> - -::: phx-name -[Sec 7-401 Citation And -Codification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-401_Citation_And_Codification){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -This chapter shall be known and may be cited as the \"City of Moore Use -Tax.\" - -(Code 1999, § 7-401; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-402 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-402_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Tax collector* 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. - -*Transaction* means sale. - -(Code 1999, § 7-402; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-403 Use Tax On Storage, Use Or Other Consumption Of Intangible, -Personal Property -Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-403_Use_Tax_On_Storage,_Use_Or_Other_Consumption_Of_Intangible,_Personal_Property_Levied){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-403; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-404 Purpose Of -Revenues](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-404_Purpose_Of_Revenues){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-404; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-405 -Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-405_Exemptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The provisions of this chapter shall not apply: - -1. 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; -2. In respect to the use of tangible, personal property purchased for - resale before being used; -3. 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; -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 \"manufacturing plants\" means - those establishments primarily engaged in manufacturing or - processing operations, and generally recognized as such; -5. In respect to the use of tangible, personal property now - specifically exempted from taxation under the sales tax code of the - city; -6. 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\'s personal use or enjoyment; -7. In respect to the use of any article of tangible, personal property - used or to be used by commercial airlines or railroads; or -8. In respect to livestock purchased outside the state and brought into - the city for feeding or breeding purposes, and which is later - resold. - -(Code 1999, § 7-405; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-406 Time When Due, Returns, -Payment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-406_Time_When_Due,_Returns,_Payment){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.). - -(Code 1999, § 7-406; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-407 Tax Constitutes -Debt](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-407_Tax_Constitutes_Debt){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-407; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-408 Bracket -System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-408_Bracket_System){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-408; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-409 Collection Of Tax By Retailer Or -Vendor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-409_Collection_Of_Tax_By_Retailer_Or_Vendor){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-409; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-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](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s or vendor\'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\'s sales tax permit number -accordingly. - -(Code 1999, § 7-410; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-411 Revoking -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-411_Revoking_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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. - -(Code 1999, § 7-411; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-412 Remunerative Deductions Allowed Vendors Or Retailers Of Other -States](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-412_Remunerative_Deductions_Allowed_Vendors_Or_Retailers_Of_Other_States){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-412; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-413 Interest And Penalties, -Delinquency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-413_Interest_And_Penalties,_Delinquency){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-413; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-414 Waiver Of Interest And -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-414_Waiver_Of_Interest_And_Penalties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The interest or penalty or any portion thereof accruing by reason of a -retailer\'s or vendor\'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. - -(Code 1999, § 7-414; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-415 Erroneous Payments, Claim For -Refund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-415_Erroneous_Payments,_Claim_For_Refund){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-415; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-416 Fraudulent -Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-416_Fraudulent_Returns){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-416; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-417 Records -Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-417_Records_Confidential){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-417; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-418 Classification Of -Taxpayers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-418_Classification_Of_Taxpayers){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.). - -(Code 1999, § 7-418; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-419 Subsisting State -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-419_Subsisting_State_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-419; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[Sec 7-420 Provisions -Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-420_Provisions_Cumulative){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The provisions hereof shall be cumulative, and in addition to any and -all other taxing provisions of the city ordinances. - -(Code 1999, § 7-420; Ord. No. 21(92), 4-20-1992) - -<div> - -::: phx-name -[CHAPTER 7-5 HOTEL -TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-5_HOTEL_TAX){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 7-501 -Citation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-501_Citation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-502 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-502_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-503 Tax -Rate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-503_Tax_Rate){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-504 -Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-504_Exemptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-505 Certificate Of Exemption -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-505_Certificate_Of_Exemption_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-506 Operator Responsible For Collection; Tax Designated On -Separate -Bills](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-506_Operator_Responsible_For_Collection;_Tax_Designated_On_Separate_Bills){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-507 Records To Be -Kept](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-507_Records_To_Be_Kept){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-508 -Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-508_Returns){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-509 Payment Of -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-509_Payment_Of_Tax){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-510 Delinquent -Taxes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-510_Delinquent_Taxes){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-511 Interest On Delinquent -Taxes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-511_Interest_On_Delinquent_Taxes){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-512 Bond -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-512_Bond_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-513 Assessment And Determination Of -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-513_Assessment_And_Determination_Of_Tax){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-514 -Refunds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-514_Refunds){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-515 -Notices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-515_Notices){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-516 Remedies -Exclusive](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-516_Remedies_Exclusive){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-517 General Powers Of The City -Clerk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-517_General_Powers_Of_The_City_Clerk){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-518 Collection -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-518_Collection_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-519 Use Of -Funds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-519_Use_Of_Funds){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-520 Records -Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-520_Records_Confidential){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-521 Fraudulent -Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-521_Fraudulent_Returns){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-522 Collection By -Suit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-522_Collection_By_Suit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-523 -Amendments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-523_Amendments){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-524 Provisions -Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-524_Provisions_Cumulative){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-525 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-525_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 7-501 -Citation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-501_Citation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -This chapter shall be known and cited as the \"City Hotel Tax.\" - -(Prior Code, § 21-46; Code 1999, § 7-501) - -<div> - -::: phx-name -[Sec 7-502 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-502_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Hotel* 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 \"hotel\" 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 -\"hotel\" shall not include hospitals, sanitariums or nursing homes. - -*Occupancy* 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. - -*Occupant* 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. - -*Operator* 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. - -*Permanent resident* 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. - -*Rent* 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. - -*Return* means any return filed or required to be filed as herein -provided. - -*Room* 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 \"place of -assembly\" 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: - -1. Dance halls; -2. Cabarets; -3. Night clubs; -4. Restaurants; -5. Any room or space for public or private banquets, feasts, socials, - card parties or weddings; -6. Lodge and meeting halls or rooms; -7. Skating rinks; -8. Gymnasiums; -9. Swimming pools; -10. Billiard, bowling and table tennis rooms; -11. Halls or rooms used for public or private catering purposes; -12. Funeral parlors; -13. Markets; -14. Recreational rooms; -15. Concert halls; -16. Broadcasting studios; and -17. All other places of similar type of occupancy. - -*Tax* means the tax levied pursuant to this chapter. - -(Prior Code, § 21-47; Code 1999, § 7-502) - -<div> - -::: phx-name -[Sec 7-503 Tax -Rate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-503_Tax_Rate){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-48; Code 1999, § 7-503; Ord. No. 378(02)-B, § 2, -9-3-2002) - -<div> - -::: phx-name -[Sec 7-504 -Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-504_Exemptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The following shall be exempt from the tax levied in this chapter: - -1. Permanent residents; -2. The United States Government or any agency or division thereof; -3. The state or any political subdivision thereof; and -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. - -(Prior Code, § 21-49; Code 1999, § 7-504) - -<div> - -::: phx-name -[Sec 7-505 Certificate Of Exemption -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-505_Certificate_Of_Exemption_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-49; Code 1999, § 7-505) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1025.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1691701149_Scan2023-08-10_155659.pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/5/2023\ -* -::: - -<div> - -::: phx-name -[Sec 7-506 Operator Responsible For Collection; Tax Designated On -Separate -Bills](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-506_Operator_Responsible_For_Collection;_Tax_Designated_On_Separate_Bills){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The operator shall be responsible for the collection of the tax from - the occupant and shall be liable to the city for the tax. -2. 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. - -(Prior Code, § 21-50; Code 1999, § 7-506) - -<div> - -::: phx-name -[Sec 7-507 Records To Be -Kept](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-507_Records_To_Be_Kept){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-50; Code 1999, § 7-507) - -<div> - -::: phx-name -[Sec 7-508 -Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-508_Returns){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 21-50; Code 1999, § 7-508; Ord. No. 50(93), 3-1-1993) - -<div> - -::: phx-name -[Sec 7-509 Payment Of -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-509_Payment_Of_Tax){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-50; Code 1999, § 7-509) - -<div> - -::: phx-name -[Sec 7-510 Delinquent -Taxes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-510_Delinquent_Taxes){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-50; Code 1999, § 7-510) - -<div> - -::: phx-name -[Sec 7-511 Interest On Delinquent -Taxes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-511_Interest_On_Delinquent_Taxes){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 21-50; Code 1999, § 7-511; Ord. No. 489, 7-3-1989) - -<div> - -::: phx-name -[Sec 7-512 Bond -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-512_Bond_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\' 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. - -(Prior Code, § 21-50; Code 1999, § 7-512) - -<div> - -::: phx-name -[Sec 7-513 Assessment And Determination Of -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-513_Assessment_And_Determination_Of_Tax){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. Number of rooms; - 2. Location; - 3. Scale of rents; - 4. Comparable rents; - 5. Types of accommodations and services; - 6. Number of employees; or - 7. Other factors. -2. 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. - -(Prior Code, § 21-50; Code 1999, § 7-513) - -<div> - -::: phx-name -[Sec 7-514 -Refunds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-514_Refunds){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 21-50; Code 1999, § 7-514) - -<div> - -::: phx-name -[Sec 7-515 -Notices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-515_Notices){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-50; Code 1999, § 7-515) - -<div> - -::: phx-name -[Sec 7-516 Remedies -Exclusive](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-516_Remedies_Exclusive){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The remedies provided in this chapter shall be exclusive remedies -available to any person for the review of tax liability imposed by this -chapter. - -(Prior Code, § 21-50; Code 1999, § 7-516) - -<div> - -::: phx-name -[Sec 7-517 General Powers Of The City -Clerk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-517_General_Powers_Of_The_City_Clerk){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. In addition to all other powers granted to the city clerk, the city - clerk is hereby authorized and empowered to: - 1. Make, adopt and amend rules and regulations appropriate to the - carrying out of this chapter for the purposes thereof; - 2. 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; - 3. Delegate his functions hereunder to an assistant or other - employee of the city; - 4. Assess, reassess, determine, revise and readjust the taxes - imposed by this chapter, but not the tax rate; and - 5. Prescribe methods for determining the taxable and nontaxable - rents. -2. 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. - -(Prior Code, § 21-50; Code 1999, § 7-517) - -<div> - -::: phx-name -[Sec 7-518 Collection -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-518_Collection_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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. - -(Prior Code, § 21-50; Code 1999, § 7-518) - -<div> - -::: phx-name -[Sec 7-519 Use Of -Funds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-519_Use_Of_Funds){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -\ - -(Prior Code, § 21-51; Code 1999, § 7-519) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[950(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350641_950%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/3/2020\ -Amended by Ord. -[962(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_962(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 2/1/2021\ -* -::: - -<div> - -::: phx-name -[Sec 7-520 Records -Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-520_Records_Confidential){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-52; Code 1999, § 7-520) - -<div> - -::: phx-name -[Sec 7-521 Fraudulent -Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-521_Fraudulent_Returns){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-53; Code 1999, § 7-521; Ord. No. 416, 11-3-1986) - -<div> - -::: phx-name -[Sec 7-522 Collection By -Suit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-522_Collection_By_Suit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-522; Ord. No. 489, 7-3-1989) - -<div> - -::: phx-name -[Sec 7-523 -Amendments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-523_Amendments){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 21-54; Code 1999, § 7-523) - -<div> - -::: phx-name -[Sec 7-524 Provisions -Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-524_Provisions_Cumulative){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The provisions hereof shall be cumulative and in addition to any and all -other taxing provisions of city ordinances. - -(Code 1999, § 7-524) - -<div> - -::: phx-name -[Sec 7-525 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-525_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Violations of this chapter are punishable as provided in section 1-108. - -(Code 1999, § 7-525) - -<div> - -::: phx-name -[CHAPTER 7-6 TELEPHONE EXCHANGE -FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-6_TELEPHONE_EXCHANGE_FEE){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 7-601 Inspection Fee And Service -Charge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-601_Inspection_Fee_And_Service_Charge){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-602 Charge In Lieu Of Other License -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-602_Charge_In_Lieu_Of_Other_License_Tax){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 7-601 Inspection Fee And Service -Charge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-601_Inspection_Fee_And_Service_Charge){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Prior Code, § 6-371; Code 1999, § 7-601) - -<div> - -::: phx-name -[Sec 7-602 Charge In Lieu Of Other License -Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-602_Charge_In_Lieu_Of_Other_License_Tax){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-372; Code 1999, § 7-602) - -<div> - -::: phx-name -[CHAPTER 7-7 UTILITY -TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-7_UTILITY_TAX){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 7-7A GAS UTILITY -TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7A_GAS_UTILITY_TAX){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 7-7B ELECTRIC UTILITY -TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7B_ELECTRIC_UTILITY_TAX){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 7-7A GAS UTILITY -TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7A_GAS_UTILITY_TAX){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 7-701 Gas Utility Tax -Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-701_Gas_Utility_Tax_Levied){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-702 Tax To Be In-Lieu Of -Franchise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-702_Tax_To_Be_In-Lieu_Of_Franchise){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-703 Payable -Monthly](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-703_Payable_Monthly){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-704 Tax Constitutes -Lien](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-704_Tax_Constitutes_Lien){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-705 Ouster For Failure To -Pay](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-705_Ouster_For_Failure_To_Pay){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 7-701 Gas Utility Tax -Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-701_Gas_Utility_Tax_Levied){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-701; Ord. No. 250, 9-2-1980) - -<div> - -::: phx-name -[Sec 7-702 Tax To Be In-Lieu Of -Franchise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-702_Tax_To_Be_In-Lieu_Of_Franchise){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-702; Ord. No. 250, 9-2-1980) - -<div> - -::: phx-name -[Sec 7-703 Payable -Monthly](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-703_Payable_Monthly){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-703; Ord. No. 250, 9-2-1980) - -<div> - -::: phx-name -[Sec 7-704 Tax Constitutes -Lien](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-704_Tax_Constitutes_Lien){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-704; Ord. No. 250, 9-2-1980) - -<div> - -::: phx-name -[Sec 7-705 Ouster For Failure To -Pay](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-705_Ouster_For_Failure_To_Pay){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s fees. - -(Code 1999, § 7-705; Ord. No. 250, 9-2-1980) - -<div> - -::: phx-name -[ARTICLE 7-7B ELECTRIC UTILITY -TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7B_ELECTRIC_UTILITY_TAX){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 7-711 Electric Utility Tax -Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-711_Electric_Utility_Tax_Levied){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-712 Tax To Be In-Lieu Of -Franchise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-712_Tax_To_Be_In-Lieu_Of_Franchise){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-713 Payable -Monthly](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-713_Payable_Monthly){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-714 Tax Constitutes -Lien](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-714_Tax_Constitutes_Lien){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-715 Ouster For Failure To -Pay](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-715_Ouster_For_Failure_To_Pay){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 7-711 Electric Utility Tax -Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-711_Electric_Utility_Tax_Levied){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-706; Ord. No. 655(09), 12-8-2009) - -<div> - -::: phx-name -[Sec 7-712 Tax To Be In-Lieu Of -Franchise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-712_Tax_To_Be_In-Lieu_Of_Franchise){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-707; Ord. No. 655(09), 12-8-2009) - -<div> - -::: phx-name -[Sec 7-713 Payable -Monthly](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-713_Payable_Monthly){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-708; Ord. No. 655(09), 12-8-2009) - -<div> - -::: phx-name -[Sec 7-714 Tax Constitutes -Lien](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-714_Tax_Constitutes_Lien){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 7-709; Ord. No. 655(09), 12-8-2009) - -<div> - -::: phx-name -[Sec 7-715 Ouster For Failure To -Pay](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-715_Ouster_For_Failure_To_Pay){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s fees. - -(Code 1999, § 7-710; Ord. No. 655(09), 12-8-2009) - -<div> - -::: phx-name -[CHAPTER 7-8 UNCLAIMED -PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-8_UNCLAIMED_PROPERTY){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 7-801 Delivery Required; -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-801_Delivery_Required;_Records){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-802 Disposition Of Personal Property, General -Procedures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-802_Disposition_Of_Personal_Property,_General_Procedures){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-803 Seized Illegal Alcohol And Gambling -Paraphernalia](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-803_Seized_Illegal_Alcohol_And_Gambling_Paraphernalia){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-804 Property Of Deceased -Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-804_Property_Of_Deceased_Persons){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-805 Exchange Of Unclaimed Or Confiscated -Weapons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-805_Exchange_Of_Unclaimed_Or_Confiscated_Weapons){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 7-806 Recovery By -Owner](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-806_Recovery_By_Owner){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- 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.\ - -<div> - -::: phx-name -[Sec 7-801 Delivery Required; -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-801_Delivery_Required;_Records){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. For the purpose of this chapter, the term \"police chief\" means the - police chief or his designee. - -(Prior Code, § 18-46, in part; Code 1999, § 7-801) - -<div> - -::: phx-name -[Sec 7-802 Disposition Of Personal Property, General -Procedures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-802_Disposition_Of_Personal_Property,_General_Procedures){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. The owner of the personal property is unknown or has not claimed - the property; - 2. The property has been in the custody of the police chief for at - least 90 days; or - 3. 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. -2. 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. -3. 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. -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. -5. 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: - 1. 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; - 2. Sell the personal property for cash to the highest bidder, after - at least five days\' notice of the sale has been published; - 3. 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 - 4. By any other means as determined appropriate by the court, - including, but not limited to, destruction.\ - 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. -6. 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. -7. 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. -8. 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. - -(Prior Code, § 18-47, in part; Code 1999, § 7-802; Ord. No. 435(03), -12-1-2003) - -**State Law reference**--- Similar provisions, 11 O.S. § 34-104. - -<div> - -::: phx-name -[Sec 7-803 Seized Illegal Alcohol And Gambling -Paraphernalia](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-803_Seized_Illegal_Alcohol_And_Gambling_Paraphernalia){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The disposition of seized illegal alcohol and gambling paraphernalia -shall be as provided in 22 O.S. §§ 1261---1264.\ - -<div> - -::: phx-name -[Sec 7-804 Property Of Deceased -Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-804_Property_Of_Deceased_Persons){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 18-47, in part; Code 1999, § 7-805) - -<div> - -::: phx-name -[Sec 7-805 Exchange Of Unclaimed Or Confiscated -Weapons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-805_Exchange_Of_Unclaimed_Or_Confiscated_Weapons){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Code 1999, § 7-806) - -<div> - -::: phx-name -[Sec 7-806 Recovery By -Owner](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-806_Recovery_By_Owner){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 18-47, in part; Code 1999, § 7-807) - -<div> - -::: {.phx-name .phx-break} -[PART 8 HEALTH AND -NUISANCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_8_HEALTH_AND_NUISANCES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 8-1 NUISANCES AND HEALTH -GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-1_NUISANCES_AND_HEALTH_GENERALLY){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 8-2 WEEDS, GRASS AND -TRASH](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-2_WEEDS,_GRASS_AND_TRASH){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 8-3 DILAPIDATED -BUILDINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-3_DILAPIDATED_BUILDINGS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 8-4 ABANDONED, JUNK -VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-4_ABANDONED,_JUNK_VEHICLES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 8-5 LITTER AND -TRASH](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-5_LITTER_AND_TRASH){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 8-6 FOOD AND MILK -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-6_FOOD_AND_MILK_REGULATIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 8-7 SMOKING IN PUBLIC PLACES AND INDOOR -WORKPLACES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-7_SMOKING_IN_PUBLIC_PLACES_AND_INDOOR_WORKPLACES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 8-8 PUBLIC -BATHING/TANNING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-8_PUBLIC_BATHING/TANNING){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 8-9 -ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-9_ENFORCEMENT){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 8-10 -GRAFFITI](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-10_GRAFFITI){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 8-11 EXTERIOR PROPERTY -MAINTENANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-11_EXTERIOR_PROPERTY_MAINTENANCE){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 8-12 MEDICAL -MARIJUANA](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-12_MEDICAL_MARIJUANA){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 8-13 MULTI-FAMILY -CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-13_MULTI-FAMILY_CODE){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Nuisances generally, 50 O.S. § 1 et seq.; -power of city to summarily abate, 50 O.S. § 16.\ - -<div> - -::: phx-name -[CHAPTER 8-1 NUISANCES AND HEALTH -GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-1_NUISANCES_AND_HEALTH_GENERALLY){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-101 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-101_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-102 Agricultural -Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-102_Agricultural_Exemption){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-103 Certain Public Nuisances -Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-103_Certain_Public_Nuisances_Defined){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-104 Nuisance -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-104_Nuisance_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-105 Person Responsible For Continuing -Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-105_Person_Responsible_For_Continuing_Nuisance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-106 Time Does Not Legalize -Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-106_Time_Does_Not_Legalize_Nuisance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-107 Remedies Against Public -Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-107_Remedies_Against_Public_Nuisances){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-108 Remedies Against Private -Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-108_Remedies_Against_Private_Nuisances){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-109 City Has Power To Define And Summarily Abate -Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-109_City_Has_Power_To_Define_And_Summarily_Abate_Nuisance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-110 Summary Abatement Of -Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-110_Summary_Abatement_Of_Nuisances){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-111 Health Nuisances; -Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-111_Health_Nuisances;_Abatement){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-112 City Actions Not To Jeopardize Private -Action](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-112_City_Actions_Not_To_Jeopardize_Private_Action){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-113 Escape Of Water -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-113_Escape_Of_Water_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-114 Open Burning -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-114_Open_Burning_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-115 Abatement By Suit In District -Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-115_Abatement_By_Suit_In_District_Court){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-116 Procedure -Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-116_Procedure_Cumulative){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-117 Toilet Facilities -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-117_Toilet_Facilities_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-118 Hypodermic Syringes, Purchase -Regulated](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-118_Hypodermic_Syringes,_Purchase_Regulated){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-119 Obstructing Health Or Enforcement -Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-119_Obstructing_Health_Or_Enforcement_Officer){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-120 Outside Storage Of -Appliances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-120_Outside_Storage_Of_Appliances){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-121 Waste Stabilization -Lagoons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-121_Waste_Stabilization_Lagoons){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Nuisances generally, 50 O.S. § 1 et seq.; -power of city to summarily abate, 50 O.S. § 16.\ - -<div> - -::: phx-name -[Sec 8-101 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-101_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Nuisance* means unlawfully doing an act, or omitting to perform a duty, -or is any thing or condition which either: - -1. Annoys, injures or endangers the comfort, repose, health or safety - of others; -2. Offends decency; -3. 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 -4. In any way renders other persons insecure in life or in the use of - property. - -*Private nuisance* means every nuisance not included the definition of -the term \"public nuisance\" as provided in this section. - -*Public nuisance* 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. - -(Prior Code, §§ 12-121, 12-122; Code 1999, § 8-101) - -**State Law reference**--- Similar provisions, 50 O.S. § 1. - -<div> - -::: phx-name -[Sec 8-102 Agricultural -Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-102_Agricultural_Exemption){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - \ - *Agricultural* *activities* 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 \"agricultural activities\" 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.\ - *Farmland* includes, but is not limited to, land devoted primarily - to production of livestock or agricultural commodities.\ - *Forestry* *activity* 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. -2. 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. -3. 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: - 1. The physical facilities of the farm or ranch are subsequently - expanded or new technology adopted; - 2. The farming or ranching is interrupted for no more than three - years; or - 3. The farm or ranch participates in a government-sponsored - agricultural program. -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. -5. 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.). - -<div> - -::: phx-name -[Sec 8-103 Certain Public Nuisances -Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-103_Certain_Public_Nuisances_Defined){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. In addition to other public nuisances declared by other sections of - this Code or law, the following are hereby declared to be public - nuisances: - 1. The sale or offering of unwholesome food or drink; or the - keeping of a place where such sales or offerings are made; - 2. 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; - 3. 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; - 4. The keeping of a place where persons gamble, whether by cards, - slot machines, punchboards or otherwise; - 5. The keeping of a place where prostitution, illicit sexual - intercourse or other immoral acts are practiced; - 6. The keeping of a place where activities in violation of state - law or ordinance are practiced or carried on; - 7. The public exposure of a person having a contagious disease as - defined by applicable health laws and regulations; - 8. 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; - 9. The operation or use of any electrical apparatus or machine - which materially and unduly interferes with radio or television - reception by others; - 10. 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; - 11. 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; - 12. 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; - 13. 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; - 14. Any building or structure which is dangerous to the public - health or safety because of damage, decay or other condition; - 15. Any pit, hole or other thing which is so constructed, formed, - conditioned or situated as to endanger the public safety; - 16. Any fire or explosion hazard which endangers the public safety; - 17. Any occupation or activity which endangers the public peace, - health, morals, safety or welfare; - 18. Permitting bagworms to be upon any trees or other plants within - the city; - 19. 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; - 20. 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; - 21. 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; - 22. Any vault, cesspool or sink used to receive human excrement, - slops, garbage, refuse or other filthy substance; - 23. 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; - 24. The keeping of any hog pen within the limits of the city in - violation of this Code; - 25. 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; - 26. Any green or unsalted hides of any animal kept in any exposed or - open place within the limits of the city; - 27. 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; - 28. 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; - 29. 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 \"blighting influence\" 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; - 30. 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. - 31. 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. -2. 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. - -(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) - -<div> - -::: phx-name -[Sec 8-104 Nuisance -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-104_Nuisance_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-124; Code 1999, § 8-103) - -<div> - -::: phx-name -[Sec 8-105 Person Responsible For Continuing -Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-105_Person_Responsible_For_Continuing_Nuisance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-124; Code 1999, § 8-104) - -**State Law reference**--- Similar provisions, 50 O.S. § 5. - -<div> - -::: phx-name -[Sec 8-106 Time Does Not Legalize -Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-106_Time_Does_Not_Legalize_Nuisance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No lapse of time can legalize a public nuisance amounting to an actual -obstruction of public right. - -(Code 1999, § 8-105) - -**State Law reference**--- Similar provisions, 50 O.S. § 7. - -<div> - -::: phx-name -[Sec 8-107 Remedies Against Public -Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-107_Remedies_Against_Public_Nuisances){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The remedies against a public nuisance are: - -1. Prosecution on complaint before the municipal court; -2. Prosecution on information or indictment before another appropriate - court; -3. Civil action; or -4. Abatement: - 1. By the person injured as provided in 50 O.S. § 12; - 2. By the city in accordance with law or ordinance. - -(Code 1999, § 8-106) - -**State Law reference**--- Similar provisions, 50 O.S. § 5. - -<div> - -::: phx-name -[Sec 8-108 Remedies Against Private -Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-108_Remedies_Against_Private_Nuisances){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The remedies against a private nuisance are: - -1. Civil action; or -2. Abatement: - 1. By the person injured as provided in 50 O.S. §§ 14 and 15; or - 2. By the city in accordance with law or ordinance. - -(Code 1999, § 8-107) - -**State Law reference**--- Similar provisions, 50 O.S. § 13. - -<div> - -::: phx-name -[Sec 8-109 City Has Power To Define And Summarily Abate -Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-109_City_Has_Power_To_Define_And_Summarily_Abate_Nuisance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-108) - -<div> - -::: phx-name -[Sec 8-110 Summary Abatement Of -Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-110_Summary_Abatement_Of_Nuisances){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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: - 1. Certified mail; - 2. Publication if the owner cannot be so served or found;\ - 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. -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. - -(Prior Code, § 12-125, in part; Code 1999, § 8-109) - -<div> - -::: phx-name -[Sec 8-111 Health Nuisances; -Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-111_Health_Nuisances;_Abatement){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 12-151; Code 1999, § 8-110) - -<div> - -::: phx-name -[Sec 8-112 City Actions Not To Jeopardize Private -Action](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-112_City_Actions_Not_To_Jeopardize_Private_Action){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-6; Code 1999, § 8-111) - -<div> - -::: phx-name -[Sec 8-113 Escape Of Water -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-113_Escape_Of_Water_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 8-112; Ord. No. 590(07), 6-18-2007) - -<div> - -::: phx-name -[Sec 8-114 Open Burning -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-114_Open_Burning_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-113) - -<div> - -::: phx-name -[Sec 8-115 Abatement By Suit In District -Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-115_Abatement_By_Suit_In_District_Court){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -In cases where it is deemed impractical summarily to abate a nuisance, -the city may bring suit in the district court. - -(Prior Code, § 12-6, in part; Code 1999, § 8-114) - -<div> - -::: phx-name -[Sec 8-116 Procedure -Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-116_Procedure_Cumulative){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-5; Code 1999, § 8-115) - -<div> - -::: phx-name -[Sec 8-117 Toilet Facilities -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-117_Toilet_Facilities_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - *Human excrement* means the bowel and kidney discharge of human - beings.\ - *Sanitary pit privy* means a waterless privy which is built, rebuilt - or constructed so as to conform with the specifications approved by - the state health department.\ - *Sanitary water closet* 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. -2. 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. -3. 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. -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. -5. 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. - -(Code 1999, § 8-116) - -<div> - -::: phx-name -[Sec 8-118 Hypodermic Syringes, Purchase -Regulated](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-118_Hypodermic_Syringes,_Purchase_Regulated){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. -5. 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. -6. Every article sold and every day a sale is conducted in violation of - this section shall constitute a separate offense. - -(Prior Code, § 12-3; Code 1999, § 8-117) - -<div> - -::: phx-name -[Sec 8-119 Obstructing Health Or Enforcement -Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-119_Obstructing_Health_Or_Enforcement_Officer){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-4; Code 1999, § 8-118) - -<div> - -::: phx-name -[Sec 8-120 Outside Storage Of -Appliances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-120_Outside_Storage_Of_Appliances){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 8-119; Ord. No. 465, 10-3-1988; Ord. No. 514(05), -8-15-2005; Ord. No. 587(07), 5-21-2007) - -**State Law reference**--- Similar provisions, 21 O.S. § 1208. - -<div> - -::: phx-name -[Sec 8-121 Waste Stabilization -Lagoons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-121_Waste_Stabilization_Lagoons){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Definition.* 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. -2. *Construction.* - 1. 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: - 1. The location of the lagoon site; - 2. Its proximity to residential areas; - 3. A consideration of the effect on the surrounding area if the - lagoon breaks or its proper operation is interrupted for any - cause; - 4. The effect of such lagoon on surrounding property values; - 5. If the lagoon is not a full retention lagoon, the direction - of flow and ultimate disposition of the effluent from - overflow. - 2. If city council approves a proposed waste stabilization lagoon, - construction and installation shall comply with the state - department of environmental quality regulations. - -(Code 1999, § 8-120; Ord. No. 267(99), 11-15-1999) - -<div> - -::: phx-name -[CHAPTER 8-2 WEEDS, GRASS AND -TRASH](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-2_WEEDS,_GRASS_AND_TRASH){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-201 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-201_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-202 Accumulation Of Trash Or Weeds; Unlawful, -Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-202_Accumulation_Of_Trash_Or_Weeds;_Unlawful,_Nuisance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-203 Same; Duty Of Owner, Occupant To Maintain Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-203_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-204 Same; Reports Of Accumulation On -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-204_Same;_Reports_Of_Accumulation_On_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-205 Same; Receipt Of Report, Hearing And -Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-205_Same;_Receipt_Of_Report,_Hearing_And_Notice){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-206 Same; Abatement By City, Selection Of -Contractors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-206_Same;_Abatement_By_City,_Selection_Of_Contractors){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-207 Same; Summary Abatement Of Subsequent -Accumulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-207_Same;_Summary_Abatement_Of_Subsequent_Accumulations){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-208 Same; Determination And Assessment Of -Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-208_Same;_Determination_And_Assessment_Of_Costs){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-209 Same; Lien On The Property, Civil -Remedy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-209_Same;_Lien_On_The_Property,_Civil_Remedy){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-210 Dead Or Diseased Trees; Allowing To Remain On Any Lot Within -The -City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-210_Dead_Or_Diseased_Trees;_Allowing_To_Remain_On_Any_Lot_Within_The_City){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-211 Same; Duty Of Owner, Occupant To Maintain Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-211_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-212 Same; -Reports](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-212_Same;_Reports){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-213 Same; Receipt Of Report, Hearing And -Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-213_Same;_Receipt_Of_Report,_Hearing_And_Notice){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-214 Same; Abatement By -City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-214_Same;_Abatement_By_City){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-215 Same; Determination And Assessment Of -Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-215_Same;_Determination_And_Assessment_Of_Costs){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-216 Same; Lien On The Property, Civil -Remedy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-216_Same;_Lien_On_The_Property,_Civil_Remedy){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Cleaning and mowing of property, 11 O.S. § -22-111.\ - -<div> - -::: phx-name -[Sec 8-201 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-201_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Administrative officer* means the community development director or his -designee. - -*Owner* means the owner of record as shown by the most current tax rolls -of the county treasurer. - -*Trash* 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. - -*Weed*. - -1. The term \"weed\" includes, but is not limited to, poison ivy, - poison oak or poison sumac and all vegetation at any stage of - maturity which: - 1. 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; - 2. Regardless of height, harbors, conceals or invites deposits or - accumulation of refuse or trash; - 3. Harbors rodents or vermin; - 4. Gives off unpleasant or noxious odors; - 5. Constitutes a fire or traffic hazard; or - 6. Is dead or diseased. -2. The term \"weed\" 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. - -(Code 1999, § 8-201; Ord. No. 453, 7-18-1988) - -<div> - -::: phx-name -[Sec 8-202 Accumulation Of Trash Or Weeds; Unlawful, -Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-202_Accumulation_Of_Trash_Or_Weeds;_Unlawful,_Nuisance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. No owner or occupant of land or lots shall: - 1. Knowingly permit the throwing or dumping upon his premises of - any refuse, rubbish or trash; or - 2. 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. -3. 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. - -(Code 1999, § 8-202; Ord. No. 537, 9-4-1990) - -<div> - -::: phx-name -[Sec 8-203 Same; Duty Of Owner, Occupant To Maintain Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-203_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\' notice by the city of the -condition and an order to fully abate the alleged deficiency. - -(Code 1999, § 8-203; Ord. No. 537, 9-4-1990) - -<div> - -::: phx-name -[Sec 8-204 Same; Reports Of Accumulation On -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-204_Same;_Reports_Of_Accumulation_On_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Detrimental to the health, benefit and welfare of the public and the - community; -2. A hazard to traffic; -3. A fire hazard to property; or -4. Any two or more of these conditions. - -(Code 1999, § 8-204; Ord. No. 453, 7-18-1988) - -<div> - -::: phx-name -[Sec 8-205 Same; Receipt Of Report, Hearing And -Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-205_Same;_Receipt_Of_Report,_Hearing_And_Notice){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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\'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. -3. 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. -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. -5. 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\'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. -6. 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\'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. -7. The municipal judge, after hearing the matter in a summary manner, - may sustain, reverse, or modify the order of the director. The - court\'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. - -(Code 1999, § 8-205; Ord. No. 453, 7-18-1988) - -<div> - -::: phx-name -[Sec 8-206 Same; Abatement By City, Selection Of -Contractors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-206_Same;_Abatement_By_City,_Selection_Of_Contractors){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. In the event that: - 1. No hearing shall have been requested as provided for in this - chapter; - 2. The administrative officer or municipal judge, after such - hearing, shall have ordered such nuisance to be abated; and - 3. 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\'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. -2. 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. - -(Code 1999, § 8-206; Ord. No. 453, 7-18-1988; Ord. No. 198(97), -7-21-1997) - -<div> - -::: phx-name -[Sec 8-207 Same; Summary Abatement Of Subsequent -Accumulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-207_Same;_Summary_Abatement_Of_Subsequent_Accumulations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-207) - -<div> - -::: phx-name -[Sec 8-208 Same; Determination And Assessment Of -Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-208_Same;_Determination_And_Assessment_Of_Costs){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. 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 -2. To the address given by the person giving his written consent or - requesting the appeal as provided in section 8-205(b). - -(Code 1999, § 8-208; Ord. No. 453, 7-18-1988; Ord. No. 376(02), -7-15-2002) - -<div> - -::: phx-name -[Sec 8-209 Same; Lien On The Property, Civil -Remedy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-209_Same;_Lien_On_The_Property,_Civil_Remedy){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-209; Ord. No. 453, 7-18-1988) - -<div> - -::: phx-name -[Sec 8-210 Dead Or Diseased Trees; Allowing To Remain On Any Lot Within -The -City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-210_Dead_Or_Diseased_Trees;_Allowing_To_Remain_On_Any_Lot_Within_The_City){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/2/2016\ -* -::: - -<div> - -::: phx-name -[Sec 8-211 Same; Duty Of Owner, Occupant To Maintain Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-211_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\' notice by the city of the condition and an -order to fully abate the alleged deficiency by removal of the dead or -diseased tree. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/2/2016\ -* -::: - -<div> - -::: phx-name -[Sec 8-212 Same; -Reports](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-212_Same;_Reports){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/2/2016\ -* -::: - -<div> - -::: phx-name -[Sec 8-213 Same; Receipt Of Report, Hearing And -Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-213_Same;_Receipt_Of_Report,_Hearing_And_Notice){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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\'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. -3. 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. -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\'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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/2/2016\ -* -::: - -<div> - -::: phx-name -[Sec 8-214 Same; Abatement By -City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-214_Same;_Abatement_By_City){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/2/2016\ -* -::: - -<div> - -::: phx-name -[Sec 8-215 Same; Determination And Assessment Of -Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-215_Same;_Determination_And_Assessment_Of_Costs){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. The occupant or owner of the property at the address shown by the - current tax rolls in the office of the county treasurer; or -2. To the address given by the person giving his written consent or - requesting the appeal as provided in 8-213. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/2/2016\ -* -::: - -<div> - -::: phx-name -[Sec 8-216 Same; Lien On The Property, Civil -Remedy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-216_Same;_Lien_On_The_Property,_Civil_Remedy){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/2/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 8-3 DILAPIDATED -BUILDINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-3_DILAPIDATED_BUILDINGS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-301 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-301_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-302 Report To Be -Made](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-302_Report_To_Be_Made){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-303 Condemnation Of Dilapidated Buildings, Notice, Removal, Lien, -Payment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-303_Condemnation_Of_Dilapidated_Buildings,_Notice,_Removal,_Lien,_Payment){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-304 Clearing Up Of Premises From Which Buildings Have Been -Removed](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-304_Clearing_Up_Of_Premises_From_Which_Buildings_Have_Been_Removed){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-305 Boarding And Securing Dilapidated Buildings, -Procedure](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-305_Boarding_And_Securing_Dilapidated_Buildings,_Procedure){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-306 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-306_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Authority to abate dilapidated buildings, 11 -O.S. § 22-112 et seq.\ - -<div> - -::: phx-name -[Sec 8-301 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-301_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Administrative officer* means the community development director or his -designee. - -*Boarding and securing* or *boarded and secured* means the closing, -boarding or locking of any or all exterior openings so as to prevent -entry into the structure. - -*Cleaning* or *cleaned* means the removal of trash or weeds from the -premises. - -*Dilapidated building* means: - -1. 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; -2. 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; -3. 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; -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 -5. A structure declared by the city council to constitute a public - nuisance. - -*Unsecured building* 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. - -(Prior Code, § 5-28, in part; Code 1999, § 8-301) - -**State Law reference**--- Similar provisions, 11 O.S. § 22-112. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1017.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1017.22.pdf){.k-link -target="_blank" style="color:#0000EE"} on 11/7/2022\ -* -::: - -<div> - -::: phx-name -[Sec 8-302 Report To Be -Made](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-302_Report_To_Be_Made){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 5-28, in part; Code 1999, § 8-302) - -<div> - -::: phx-name -[Sec 8-303 Condemnation Of Dilapidated Buildings, Notice, Removal, Lien, -Payment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-303_Condemnation_Of_Dilapidated_Buildings,_Notice,_Removal,_Lien,_Payment){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The administrative officer may cause dilapidated buildings within the -city limits to be torn down and removed, in accordance with the -following procedure: - -1. At least ten days\' 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\'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; -2. 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; -3. 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; -4. 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; -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: - 1. By the city; - 2. On a private contract basis, in which case it shall be awarded - to the lowest and best bidder; -6. 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; -7. 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; -8. When payment is made to the city for costs incurred, the city shall - file a release of lien or part thereof; -9. The provisions of this section shall not apply to any property zoned - and used for agricultural purposes; and -10. 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. - -(Prior Code, § 5-28, in part; Code 1999, § 8-303) - -<div> - -::: phx-name -[Sec 8-304 Clearing Up Of Premises From Which Buildings Have Been -Removed](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-304_Clearing_Up_Of_Premises_From_Which_Buildings_Have_Been_Removed){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -In all cases in which: - -1. A house or building has been removed before the taking effect of - this chapter; or -2. 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; - -and in which any of the following conditions exist: - -1. The premises have not been cleaned up; -2. The premises are cleaned up, and all lumber, brick, concrete, - cement, plaster, nails, wire, and other material have not been - removed; -3. The materials have been removed but the cellar space and excavations - have not been filled; -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 -5. The lots have not been leveled and left entirely free from trash or - the same is not immediately done; - -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. - -(Code 1999, § 8-304) - -<div> - -::: phx-name -[Sec 8-305 Boarding And Securing Dilapidated Buildings, -Procedure](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-305_Boarding_And_Securing_Dilapidated_Buildings,_Procedure){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -1. Before the city orders such action, at least ten days\' 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; -2. 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; -3. 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; -4. 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; -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; -6. 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; -7. 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; -8. 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; -9. 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; -10. 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. - -(Code 1999, § 8-305) - -<div> - -::: phx-name -[Sec 8-306 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-306_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-306) - -<div> - -::: phx-name -[CHAPTER 8-4 ABANDONED, JUNK -VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-4_ABANDONED,_JUNK_VEHICLES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-401 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-401_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-402 Prohibited Acts; Nuisances Declared; -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-402_Prohibited_Acts;_Nuisances_Declared;_Exceptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-403 Permits For Reconstruction/Repair Of -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-403_Permits_For_Reconstruction/Repair_Of_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-404 Procedures For -Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-404_Procedures_For_Abatement){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-405 Presumption Of Abandoned, Junk -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-405_Presumption_Of_Abandoned,_Junk_Vehicle){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-406 Notice To Remove From Public -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-406_Notice_To_Remove_From_Public_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-407 Responsibility For Removal From Public -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-407_Responsibility_For_Removal_From_Public_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-408 Notice To Remove From Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-408_Notice_To_Remove_From_Private_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-409 -Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-409_Hearing){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-410 Removal Of Motor Vehicles From -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-410_Removal_Of_Motor_Vehicles_From_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-411 Notice Of -Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-411_Notice_Of_Removal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-412 -Appraisal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-412_Appraisal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-413 Redemption Of Impounded Vehicles Or Motor -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-413_Redemption_Of_Impounded_Vehicles_Or_Motor_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-414 Collection Of City\'s Costs Of -Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-414_Collection_Of_City's_Costs_Of_Removal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-415 Penalty; Continuing -Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-415_Penalty;_Continuing_Violations){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-416 Vehicle Parking Prohibited On Non-Paved Surfaces In Certain -Districts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-416_Vehicle_Parking_Prohibited_On_Non-Paved_Surfaces_In_Certain_Districts){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-417 Storage And Parking Of Recreational Vehicles, Trailers, -Vessels And Commercial -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-417_Storage_And_Parking_Of_Recreational_Vehicles,_Trailers,_Vessels_And_Commercial_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-418 Truck Parking Restricted In Residential -Subdivisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-418_Truck_Parking_Restricted_In_Residential_Subdivisions){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 8-401 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-401_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Director* means the director of the community development department. - -*Enforcement officer* means the community development director, code -enforcement officer or any city police officer. - -*Junk vehicle* 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. - -*Motor vehicle* 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. - -*Operable condition* means immediately capable of being legally operated -on a public street. - -*Private property* means any real property within the city which is not -public property. - -*Public property* 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. - -*Vehicle* 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. - -*Vessel* 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. - -(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) - -<div> - -::: phx-name -[Sec 8-402 Prohibited Acts; Nuisances Declared; -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-402_Prohibited_Acts;_Nuisances_Declared;_Exceptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -4. The provisions of subsections (A) and (B) of this section shall not - apply to any vehicle or motor vehicle: - 1. Enclosed within a building on private property; - 2. 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; - 3. In operable condition which is not a junk vehicle as defined - herein. -5. 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. -6. It shall be unlawful for the owner of a vehicle to make extensive - auto repairs on the property of another. -7. Any tarp, cloth, canvas or other similar covering shall be allowed - to cover vehicles not meeting the definition of the term \"junk\" or - \"abandoned\" as defined herein. However, such covering shall be - kept in good condition at all times and free from significant tears - and holes. - -(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) - -<div> - -::: phx-name -[Sec 8-403 Permits For Reconstruction/Repair Of -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-403_Permits_For_Reconstruction/Repair_Of_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Any person desiring to: - 1. Reconstruct; or - 2. 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. -2. 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. -3. 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. -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. -5. No permit shall be in force as to more than one person or one - residence at any time. -6. 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. -7. 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. - -(Code 1999, § 8-403; Ord. No. 460, 8-15-1988; Ord. No. 653(09), -8-8-2009) - -<div> - -::: phx-name -[Sec 8-404 Procedures For -Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-404_Procedures_For_Abatement){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-404; Ord. No. 454, 7-18-1988) - -<div> - -::: phx-name -[Sec 8-405 Presumption Of Abandoned, Junk -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-405_Presumption_Of_Abandoned,_Junk_Vehicle){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A rebuttable presumption shall exist that vehicles have been abandoned -or fall within the definition of a junk vehicle when: - -1. Weed or grass undergrowth would indicate to a reasonable person that - the vehicle has not been moved, thereby permitting such growth to - occur; -2. One or more wheels are flat or missing or the vehicle or boat - displays an expired license; -3. 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; -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; -5. Evidence exists that provisions of this Code pertaining to zoning or - to junk and salvage yards are being violated; - -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. - -(Code 1999, § 8-405; Ord. No. 454, 7-18-1988; Ord. No. 653(09), -8-8-2009) - -<div> - -::: phx-name -[Sec 8-406 Notice To Remove From Public -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-406_Notice_To_Remove_From_Public_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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 \"Notification to Remove\" 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. - -(Code 1999, § 8-406; Ord. No. 454, 7-18-1988; Ord. No. 653(09), -8-8-2009) - -<div> - -::: phx-name -[Sec 8-407 Responsibility For Removal From Public -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-407_Responsibility_For_Removal_From_Public_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-407; Ord. No. 454, 7-18-1988) - -<div> - -::: phx-name -[Sec 8-408 Notice To Remove From Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-408_Notice_To_Remove_From_Private_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 8-408; Ord. No. 454, 7-18-1988; Ord. No. 653(09), -8-8-2009) - -<div> - -::: phx-name -[Sec 8-409 -Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-409_Hearing){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'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. -2. 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. -3. 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. - -(Code 1999, § 8-409; Ord. No. 454, 7-18-1988) - -<div> - -::: phx-name -[Sec 8-410 Removal Of Motor Vehicles From -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-410_Removal_Of_Motor_Vehicles_From_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-410; Ord. No. 454, 7-18-1988; Ord. No. 653(09), -8-8-2009) - -<div> - -::: phx-name -[Sec 8-411 Notice Of -Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-411_Notice_Of_Removal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-411; Ord. No. 454, 7-18-1988) - -<div> - -::: phx-name -[Sec 8-412 -Appraisal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-412_Appraisal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-412; Ord. No. 454, 7-18-1988) - -<div> - -::: phx-name -[Sec 8-413 Redemption Of Impounded Vehicles Or Motor -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-413_Redemption_Of_Impounded_Vehicles_Or_Motor_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-413; Ord. No. 454, 7-18-1988) - -<div> - -::: phx-name -[Sec 8-414 Collection Of City\'s Costs Of -Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-414_Collection_Of_City's_Costs_Of_Removal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 8-414; Ord. No. 454, 7-18-1988) - -<div> - -::: phx-name -[Sec 8-415 Penalty; Continuing -Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-415_Penalty;_Continuing_Violations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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. - -(Code 1999, § 8-415; Ord. No. 454, 7-18-1988) - -<div> - -::: phx-name -[Sec 8-416 Vehicle Parking Prohibited On Non-Paved Surfaces In Certain -Districts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-416_Vehicle_Parking_Prohibited_On_Non-Paved_Surfaces_In_Certain_Districts){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. Vehicles shall be parked on a permanent hard surfaced (paved) - driveway or parking area meeting the requirements of this - section; - 2. 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. -2. 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. -3. 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. - -(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) - -<div> - -::: phx-name -[Sec 8-417 Storage And Parking Of Recreational Vehicles, Trailers, -Vessels And Commercial -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-417_Storage_And_Parking_Of_Recreational_Vehicles,_Trailers,_Vessels_And_Commercial_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. 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; - 2. 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 \"street\" or \"highway\" - 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; - 3. 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 - 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. - -(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) - -<div> - -::: phx-name -[Sec 8-418 Truck Parking Restricted In Residential -Subdivisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-418_Truck_Parking_Restricted_In_Residential_Subdivisions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - *Bus* 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.\ - *Pole trailer* 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.\ - *Tank vehicle* 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 \"tank vehicle\" shall not include a portable tank having rated - capacity of under 1,000 gallons.\ - *Truck* 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. -2. 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. -3. The following trucks or buses are exempt from the 300-foot - restriction subsection (B) of this section: - 1. Those used in business lawfully established within commercial or - industrial zoning districts; - 2. Those used for farming by the owner or occupant in agricultural - zoning districts; or - 3. Buses operated by schools and churches within residential zones. - -(Code 1999, § 8-418; Ord. No. 507, 2-8-1990; Ord. No. 150(96), 4-1-1996; -Ord. No. 362(02), 5-6-2002) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[982(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1631905498_ordinance%20982.21.pdf){.k-link -target="_blank" style="color:#0000EE"} 08/02/2021 on 8/2/2021\ -* -::: - -<div> - -::: phx-name -[CHAPTER 8-5 LITTER AND -TRASH](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-5_LITTER_AND_TRASH){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-501 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-501_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-502 Prohibited -Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-502_Prohibited_Generally){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-503 Littering And Spilling From Vehicles -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-503_Littering_And_Spilling_From_Vehicles_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-504 Refuse, Rubbish And -Trash](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-504_Refuse,_Rubbish_And_Trash){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-505 Deposits Of Dirt Or Rubbish On Public Property And -Roadways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-505_Deposits_Of_Dirt_Or_Rubbish_On_Public_Property_And_Roadways){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-506 Businesses To Provide Facilities For Disposal Of -Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-506_Businesses_To_Provide_Facilities_For_Disposal_Of_Materials){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-507 Removal Of Spilled -Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-507_Removal_Of_Spilled_Materials){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-508 Prohibited Hauling Or Depositing Refuse, Rubbish Or -Trash](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-508_Prohibited_Hauling_Or_Depositing_Refuse,_Rubbish_Or_Trash){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-509 Unlawful Hauling, Dumping, -Presumptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-509_Unlawful_Hauling,_Dumping,_Presumptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-510 Allowing Refuse, Rubbish, Trash Or Litter To Be Deposited Or -To Remain On -Premises](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){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-511 Duty Of Maintenance Of Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-511_Duty_Of_Maintenance_Of_Private_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-512 Disposal Of Vehicle Or Mechanical Devices -Regulated](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-512_Disposal_Of_Vehicle_Or_Mechanical_Devices_Regulated){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-513 Offenses And -Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-513_Offenses_And_Abatement){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 8-501 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-501_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Litter* means trash, refuse, rubbish and all like material. - -*Refuse* means all putrescible and nonputrescible solid wastes, -including ashes, dead animals, solid market and industrial wastes and -all like material. - -*Roadway* means any avenue, street, road, alley or other public way -within the city. - -*Rubbish* 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. - -*Trash* 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. - -*Vehicle* means every device in, upon, or by which any person or -property is or may be transported or drawn. - -(Code 1999, § 8-501; Ord. No. 452, 8-1-1988) - -<div> - -::: phx-name -[Sec 8-502 Prohibited -Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-502_Prohibited_Generally){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-502; Ord. No. 452, 8-1-1988) - -<div> - -::: phx-name -[Sec 8-503 Littering And Spilling From Vehicles -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-503_Littering_And_Spilling_From_Vehicles_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No driver or operator of a vehicle shall commit, or permit to be - committed, from the operator\'s vehicle any of the acts prohibited - in section 8-502. -2. 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. -3. 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. -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. -5. 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. - -(Code 1999, § 8-503; Ord. No. 452, 8-1-1988) - -<div> - -::: phx-name -[Sec 8-504 Refuse, Rubbish And -Trash](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-504_Refuse,_Rubbish_And_Trash){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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\'s roadways or sidewalks. - -(Code 1999, § 8-504; Ord. No. 452, 8-1-1988) - -<div> - -::: phx-name -[Sec 8-505 Deposits Of Dirt Or Rubbish On Public Property And -Roadways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-505_Deposits_Of_Dirt_Or_Rubbish_On_Public_Property_And_Roadways){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-505; Ord. No. 452, 8-1-1988) - -<div> - -::: phx-name -[Sec 8-506 Businesses To Provide Facilities For Disposal Of -Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-506_Businesses_To_Provide_Facilities_For_Disposal_Of_Materials){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-506; Ord. No. 452, 8-1-1988) - -<div> - -::: phx-name -[Sec 8-507 Removal Of Spilled -Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-507_Removal_Of_Spilled_Materials){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. Each day that such material or dirt so wasted or spilled remains on - the public property shall constitute a separate and distinct - offense. - -(Code 1999, § 8-507; Ord. No. 452, 8-1-1988) - -<div> - -::: phx-name -[Sec 8-508 Prohibited Hauling Or Depositing Refuse, Rubbish Or -Trash](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-508_Prohibited_Hauling_Or_Depositing_Refuse,_Rubbish_Or_Trash){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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. - -(Code 1999, § 8-508; Ord. No. 452, 8-1-1988) - -<div> - -::: phx-name -[Sec 8-509 Unlawful Hauling, Dumping, -Presumptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-509_Unlawful_Hauling,_Dumping,_Presumptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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\'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. - -(Code 1999, § 8-509; Ord. No. 452, 8-1-1988; Ord. No. 229(98), 4-6-1998) - -<div> - -::: phx-name -[Sec 8-510 Allowing Refuse, Rubbish, Trash Or Litter To Be Deposited Or -To Remain On -Premises](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-510; Ord. No. 452, 8-1-1988; Ord. No. 537, 9-4-1990) - -<div> - -::: phx-name -[Sec 8-511 Duty Of Maintenance Of Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-511_Duty_Of_Maintenance_Of_Private_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\' notice by the city to abate fully any alleged -deficiency. - -(Code 1999, § 8-511; Ord. No. 452, 8-1-1988; Ord. No. 537, 9-4-1990) - -<div> - -::: phx-name -[Sec 8-512 Disposal Of Vehicle Or Mechanical Devices -Regulated](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-512_Disposal_Of_Vehicle_Or_Mechanical_Devices_Regulated){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-512; Ord. No. 25(92), 5-4-1992) - -<div> - -::: phx-name -[Sec 8-513 Offenses And -Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-513_Offenses_And_Abatement){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. Upon ten days\' 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. - -(Code 1999, § 8-513; Ord. No. 452, 8-1-1988; Ord. No. 25(92), 5-4-1992) - -<div> - -::: phx-name -[CHAPTER 8-6 FOOD AND MILK -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-6_FOOD_AND_MILK_REGULATIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 8-6A FOOD SERVICE -SANITATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6A_FOOD_SERVICE_SANITATION){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 8-6B MILK AND MILK -PRODUCTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6B_MILK_AND_MILK_PRODUCTS){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 8-6A FOOD SERVICE -SANITATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6A_FOOD_SERVICE_SANITATION){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-601 Regulations -Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-601_Regulations_Adopted){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-602 Food Service Licenses -Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-602_Food_Service_Licenses_Generally){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-603 Temporary, Seasonal And Mobile Food Vendor -Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-603_Temporary,_Seasonal_And_Mobile_Food_Vendor_Licenses){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-604 Food Handler\'s -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-604_Food_Handler's_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-605 Sale Of Uncooked, Unprepared Foods From Vehicles -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-605_Sale_Of_Uncooked,_Unprepared_Foods_From_Vehicles_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-606 Outside -Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-606_Outside_Sales){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-607 Sale -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-607_Sale_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-608 Not To Maintain Adulterated Or Misbranded -Food](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-608_Not_To_Maintain_Adulterated_Or_Misbranded_Food){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-609 Compounds, Imitations Or Blends To Be Labeled As -Such](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-609_Compounds,_Imitations_Or_Blends_To_Be_Labeled_As_Such){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-610 Examination Of -Food](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-610_Examination_Of_Food){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-611 Sample To Be -Provided](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-611_Sample_To_Be_Provided){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-612 Poisonous -Preservatives](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-612_Poisonous_Preservatives){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-613 Sleeping Areas Of -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-613_Sleeping_Areas_Of_Employees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-614 -Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-614_Inspection){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-615 Destruction -Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-615_Destruction_Authorized){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-616 Places Where Food Is Sold Or -Served](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-616_Places_Where_Food_Is_Sold_Or_Served){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-617 Acts Of Agents Deemed Act Of -Principal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-617_Acts_Of_Agents_Deemed_Act_Of_Principal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-618 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-618_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Requirements of food establishments, 63 O.S. -§ 1-1101 et seq.\ - -<div> - -::: phx-name -[Sec 8-601 Regulations -Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-601_Regulations_Adopted){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The latest edition of the \"Oklahoma State Department of Health Rules -and Regulations pertaining to Food Establishments\" 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. - -(Prior Code, §§ 12-36, 12-56 et seq.; Code 1999, § 8-601) - -<div> - -::: phx-name -[Sec 8-602 Food Service Licenses -Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-602_Food_Service_Licenses_Generally){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, §§ 12-37, 12-39; Code 1999, § 8-602) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[796(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326237_Ordinance%20No.%20796%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/3/2015\ -* -::: - -<div> - -::: phx-name -[Sec 8-603 Temporary, Seasonal And Mobile Food Vendor -Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-603_Temporary,_Seasonal_And_Mobile_Food_Vendor_Licenses){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. *Zoning and building regulations*. - 1. 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. - 2. 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. - 3. Permanent electrical service shall be provided and shall meet - adopted electrical codes. - 4. Structures with permanent utility connections shall be secured - on an approved foundation with approved anchoring/tie down - methods. - 5. 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. - 6. Occupancy permit application and approval is required and shall - be approved by the building official, fire marshal and community - development director. -3. 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\'s operations. -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. -5. *Application process*. - 1. 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: - 1. Name and description of applicant. - 2. Address. - 3. Brief description of business, goods to be sold, and - location desired. - 4. Time period for which the applicant wishes to do business. - 5. License number and description of vehicle to be used, if - any. - 6. 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. - 7. Proof that a county health permit and inspection has been - obtained. - 8. At time of filing, the fee as provided in the fee schedule - shall be paid to the city clerk. - 9. 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. - 10. Detailed map of location to where the vehicle will be - placed. - 2. The city clerk shall review the application to ensure: - 1. 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. - 2. That a valid county health permit and inspection is - obtained. - 3. Within seven days after receipt of the application, the city - clerk shall either approve or disapprove of the application. - 1. If the application is approved, the clerk shall issue the - permit within three days after the approval. - 2. 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. -6. *Conditions of permit issuance*. - 1. 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. - 2. 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. - 3. 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 \"public right-of-way\" - 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. - 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. - 5. *Permit issuance*. - 1. Permits shall be issued by the city clerk. - 2. A permit must be issued not less than 24 hours prior to any - actual selling activity by the applicant. - 3. The permit shall be prominently displayed at the - applicant\'s selling location. - 6. *Permit fees*. 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. -7. The code enforcement division of the city shall enforce the - provisions of this section and may initiate any proper proceedings - to enforce compliance herewith. -8. 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\'s offense shall be deemed a - separate offense. -9. No temporary and seasonal food and beverage vendor shall operate or - conduct sales in the city, unless licensed in compliance with - section 8-602. - -(Code 1999, § 8-603; Ord. No. 445, 4-4-1988; Ord. No. 358(02), 5-6-2002) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[797(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326420_Ordinance%20No.%20797%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/3/2015\ -Amended by Ord. -[918(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288042_Ordinance%20918(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-604 Food Handler\'s -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-604_Food_Handler's_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, §§ 12-46---12-49; Code 1999, § 8-604) - -<div> - -::: phx-name -[Sec 8-605 Sale Of Uncooked, Unprepared Foods From Vehicles -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-605_Sale_Of_Uncooked,_Unprepared_Foods_From_Vehicles_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-41; Code 1999, § 8-605) - -<div> - -::: phx-name -[Sec 8-606 Outside -Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-606_Outside_Sales){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, 12-38; Code 1999, § 8-606) - -<div> - -::: phx-name -[Sec 8-607 Sale -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-607_Sale_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-57; Code 1999, § 8-607) - -<div> - -::: phx-name -[Sec 8-608 Not To Maintain Adulterated Or Misbranded -Food](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-608_Not_To_Maintain_Adulterated_Or_Misbranded_Food){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-58; Code 1999, § 8-608) - -<div> - -::: phx-name -[Sec 8-609 Compounds, Imitations Or Blends To Be Labeled As -Such](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-609_Compounds,_Imitations_Or_Blends_To_Be_Labeled_As_Such){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -All articles shall be labeled, branded or tagged so as to plainly -indicate that they are compounds, imitations or blends, and the word -\"compound,\" \"imitation,\" or \"blend,\" 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. - -(Prior Code, § 12-59; Code 1999, § 8-609) - -<div> - -::: phx-name -[Sec 8-610 Examination Of -Food](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-610_Examination_Of_Food){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-60; Code 1999, § 8-610) - -<div> - -::: phx-name -[Sec 8-611 Sample To Be -Provided](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-611_Sample_To_Be_Provided){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-62; Code 1999, § 8-611) - -<div> - -::: phx-name -[Sec 8-612 Poisonous -Preservatives](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-612_Poisonous_Preservatives){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-63; Code 1999, § 8-612) - -<div> - -::: phx-name -[Sec 8-613 Sleeping Areas Of -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-613_Sleeping_Areas_Of_Employees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-65; Code 1999, § 8-613) - -<div> - -::: phx-name -[Sec 8-614 -Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-614_Inspection){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-66; Code 1999, § 8-614) - -<div> - -::: phx-name -[Sec 8-615 Destruction -Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-615_Destruction_Authorized){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-67; Code 1999, § 8-615) - -<div> - -::: phx-name -[Sec 8-616 Places Where Food Is Sold Or -Served](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-616_Places_Where_Food_Is_Sold_Or_Served){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-68; Code 1999, § 8-616) - -<div> - -::: phx-name -[Sec 8-617 Acts Of Agents Deemed Act Of -Principal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-617_Acts_Of_Agents_Deemed_Act_Of_Principal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-69; Code 1999, § 8-617) - -<div> - -::: phx-name -[Sec 8-618 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-618_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-618) - -<div> - -::: phx-name -[ARTICLE 8-6B MILK AND MILK -PRODUCTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6B_MILK_AND_MILK_PRODUCTS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-621 Regulations -Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-621_Regulations_Adopted){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-622 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-622_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Milk regulations, 2 O.S. § 7-401 et seq.\ - -<div> - -::: phx-name -[Sec 8-621 Regulations -Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-621_Regulations_Adopted){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The latest edition of the United States Public Health Service -Recommendation \"Grade A Pasteurized Milk Ordinance with Administrative -Procedures\" 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. - -(Code 1999, § 8-620) - -<div> - -::: phx-name -[Sec 8-622 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-622_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-621) - -<div> - -::: phx-name -[CHAPTER 8-7 SMOKING IN PUBLIC PLACES AND INDOOR -WORKPLACES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-7_SMOKING_IN_PUBLIC_PLACES_AND_INDOOR_WORKPLACES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-701 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-701_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-702 Smoking In Certain Places Prohibited; -Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-702_Smoking_In_Certain_Places_Prohibited;_Exemptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-703 Measures To Prevent Smoking In -Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-703_Measures_To_Prevent_Smoking_In_Places){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-704 Violation And -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-704_Violation_And_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 8-701 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-701_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Educational facility* means a building owned, leased or under the -control of a technology center school district or a public or private -college or university. - -*Health facility* 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. - -*Indoor workplace* 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. - -*Meeting means* a meeting as defined in the Oklahoma Open Meeting Act -(25 O.S. § 301 et seq.). - -*Public body* means a public body as defined in the Oklahoma Open -Meeting Act (25 O.S. § 301 et seq.). - -*Public park* 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. -\"Public park\" 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. - -*Public place* means any enclosed indoor area where individuals other -than employees are invited or permitted. - -*Restaurant* means any eating establishment regardless of seating -capacity. - -*Smoking* means the carrying by a person of a lighted cigar, cigarette, -pipe or other lighted smoking device. - -*Stand-alone bar*, *stand-alone tavern*, and *cigar bar* 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. - -*Vapor products* 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 \"vapor products\" 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 \"vapor products\" do not include any products regulated by the -United States Food and Drug Administration under Chapter V of the Food, -Drug, and Cosmetic Act. - -**State Law reference**--- Similar provisions, 63 O.S. § 1-1522. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[910(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288257_Ordinance%20910(19)01082021103958.pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/21/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-702 Smoking In Certain Places Prohibited; -Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-702_Smoking_In_Certain_Places_Prohibited;_Exemptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. - -2. 1. 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. - 2. 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. - 3. 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. - 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. - -3. 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. - -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. - -5. 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. - -6. Veterans centers operated by the state pursuant to the provisions of - 72 O.S. § 221 et seq., shall be designated nonsmoking. - -7. 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. - -8. This section shall not prohibit smoking in: - 1. Stand-alone bars, stand-alone taverns or cigar bars; - 2. The rooms where licensed charitable bingo games are being - operated, but only during the hours of operation of such games; - 3. Up to 25 percent of the guest rooms at a hotel or other lodging - establishment; - 4. 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; - 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; - 6. Workplaces occupied exclusively by one or more smokers, if the - workplace has only incidental public access. The term - \"incidental public access\" 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 - \"incidental public access\" does not include businesses that - depend on walk-in customers for any part of their business; - 7. Private offices occupied exclusively by one or more smokers; - 8. 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; - 9. 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; - 10. 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 - 11. Medical research or treatment centers, if smoking is integral to - the research or treatment. - -**State Law reference**--- Similar provisions, 63 O.S. § 1-1523. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[910(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288257_Ordinance%20910(19)01082021103958.pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/21/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-703 Measures To Prevent Smoking In -Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-703_Measures_To_Prevent_Smoking_In_Places){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. 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 -2. Ask smokers to refrain from smoking upon observation of anyone - violating the provisions of this section. - -**State Law reference**--- Similar provisions, 63 O.S. § 1-1525. - -<div> - -::: phx-name -[Sec 8-704 Violation And -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-704_Violation_And_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-706; Ord. No. 583(07), § I, 5-21-2007) - -<div> - -::: phx-name -[CHAPTER 8-8 PUBLIC -BATHING/TANNING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-8_PUBLIC_BATHING/TANNING){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-801 Regulations -Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-801_Regulations_Adopted){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 8-801 Regulations -Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-801_Regulations_Adopted){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. \"Design Standards and Operational Criteria for Public Bathing - Places,\" adopted by the Oklahoma State Board of Health, 93 - pages, March 27, 1986, or latest edition thereof; and - 2. \"Sunlamp Products; Performance Standard,\" 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. -2. At least one copy of the above regulations are on file in the office - of the city clerk. - -(Code 1999, § 8-801) - -<div> - -::: phx-name -[CHAPTER 8-9 -ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-9_ENFORCEMENT){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-901 Obstructing -Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-901_Obstructing_Officer){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-902 Action By County Health -Department](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-902_Action_By_County_Health_Department){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-903 Enforcement; Citations; -Appeals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-903_Enforcement;_Citations;_Appeals){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-904 Penalty And Other -Actions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-904_Penalty_And_Other_Actions){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 8-901 Obstructing -Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-901_Obstructing_Officer){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 12-4, in part; Code 1999, § 8-901) - -<div> - -::: phx-name -[Sec 8-902 Action By County Health -Department](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-902_Action_By_County_Health_Department){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-902) - -<div> - -::: phx-name -[Sec 8-903 Enforcement; Citations; -Appeals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-903_Enforcement;_Citations;_Appeals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -4. Appeals from the decision of the administrative officer shall be to - the municipal court, in accordance with the applicable code - provisions. - -(Code 1999, § 8-903; Ord. No. 451, 7-18-1988) - -<div> - -::: phx-name -[Sec 8-904 Penalty And Other -Actions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-904_Penalty_And_Other_Actions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The city may, in addition to other remedies or punishments or - abatements, bring an action for abatement of any nuisance. -3. Any violation of any provision of this part is punishable as - provided in section 1-108. - -(Code 1999, § 8-904) - -<div> - -::: phx-name -[CHAPTER 8-10 -GRAFFITI](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-10_GRAFFITI){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-1001 Short -Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1001_Short_Title){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1002 Statutory -Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1002_Statutory_Authority){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1003 Legislative -Findings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1003_Legislative_Findings){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1004 Purpose And -Intent](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1004_Purpose_And_Intent){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1005 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1005_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1006 Declaration Of Public -Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1006_Declaration_Of_Public_Nuisance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1007 Application Of Graffiti Prohibited; Offense; -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1007_Application_Of_Graffiti_Prohibited;_Offense;_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1008 Removal Of Graffiti From Private Property Within -Neighborhood Initiative Area Designated By The City -Manager](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){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 8-1001 Short -Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1001_Short_Title){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -This chapter shall be known and may be cited as the \"Graffiti -Eradication Ordinance.\" - -(Code 1999, § 8-1001; Ord. No. 65(93), 11-15-1993) - -<div> - -::: phx-name -[Sec 8-1002 Statutory -Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1002_Statutory_Authority){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -This chapter is being enacted under the authority of 11 O.S. § 22-121. - -(Code 1999, § 8-1002; Ord. No. 65(93), 11-15-1993) - -<div> - -::: phx-name -[Sec 8-1003 Legislative -Findings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1003_Legislative_Findings){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The council of the city hereby makes the following findings: - -1. That unsightly graffiti on public and private property within the - city is detrimental to the beauty of our community; -2. 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; -3. That gang-related graffiti often provides a catalyst for - gang-related criminal violence within the city; -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 -5. That by reason of the foregoing findings, graffiti constitutes a - public nuisance to our community. - -(Code 1999, § 8-1003; Ord. No. 65(93), 11-15-1993) - -<div> - -::: phx-name -[Sec 8-1004 Purpose And -Intent](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1004_Purpose_And_Intent){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-1004; Ord. No. 65(93), 11-15-1993) - -<div> - -::: phx-name -[Sec 8-1005 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1005_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Advertising* 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. - -*Applies graffiti, apply graffiti* or *applying graffiti* means the act -of drawing, painting, chiseling, scratching or etching graffiti on -public or private property within the city. - -*City manager* means the city manager or the trust manager of the city -public works authority, or his designee. - -*Graffiti* 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. - -*Occupant* means any person shown by the records of the county clerk\'s -office as a tenant of property, or any person in actually physical -possession of property. - -*Owner* means any person shown by the records of the county clerk\'s -office as the owner of a fee simple interest in property. - -*Removal, remove* or *removed*, 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. - -(Code 1999, § 8-1005; Ord. No. 65(93), 11-15-1993) - -<div> - -::: phx-name -[Sec 8-1006 Declaration Of Public -Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1006_Declaration_Of_Public_Nuisance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-1006; Ord. No. 65(93), 11-15-1993) - -<div> - -::: phx-name -[Sec 8-1007 Application Of Graffiti Prohibited; Offense; -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1007_Application_Of_Graffiti_Prohibited;_Offense;_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No person shall apply graffiti to public or private property within - the city. -2. 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. -3. 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. -4. The provisions of this section shall be enforced by the police - department and code enforcement officer as determined by the city - manager. - -(Code 1999, § 8-1007; Ord. No. 65(93), 11-15-1993) - -<div> - -::: phx-name -[Sec 8-1008 Removal Of Graffiti From Private Property Within -Neighborhood Initiative Area Designated By The City -Manager](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. The manager or his designee shall contact the owners of the property - to encourage the property owners cooperation in removing any such - graffiti; -2. 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 -3. 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. - -(Code 1999, § 8-1008; Ord. No. 65(93), 11-15-1993) - -<div> - -::: phx-name -[CHAPTER 8-11 EXTERIOR PROPERTY -MAINTENANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-11_EXTERIOR_PROPERTY_MAINTENANCE){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 8-11A -GENERAL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11A_GENERAL){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 8-11B EXTERIOR PROPERTY MAINTENANCE VIOLATIONS -DEFINED](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11B_EXTERIOR_PROPERTY_MAINTENANCE_VIOLATIONS_DEFINED){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 8-11C NOTICE AND -ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11C_NOTICE_AND_ENFORCEMENT){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 8-11A -GENERAL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11A_GENERAL){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-1101 -Scope](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1101_Scope){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1102 -Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1102_Responsibility){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1103 Vacant Structures And -Land](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1103_Vacant_Structures_And_Land){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1104 Violations And -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1104_Violations_And_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1105 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1105_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 8-1101 -Scope](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1101_Scope){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The provisions of this chapter shall govern the minimum conditions and -standards for maintenance of structures and exterior property. - -(Code 1999, § 8-1101; Ord. No. 102(94), 12-5-1994) - -<div> - -::: phx-name -[Sec 8-1102 -Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1102_Responsibility){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-1102; Ord. No. 102(94), 12-5-1994) - -<div> - -::: phx-name -[Sec 8-1103 Vacant Structures And -Land](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1103_Vacant_Structures_And_Land){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-1103; Ord. No. 102(94), 12-5-1994) - -<div> - -::: phx-name -[Sec 8-1104 Violations And -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1104_Violations_And_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-1104; Ord. No. 102(94), 12-5-1994) - -<div> - -::: phx-name -[Sec 8-1105 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1105_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Approved* means approved by the code official. - -*Basement* means that portion of a building which is partly or -completely below grade. - -*Code official* means the city official who is charged with the -administration and enforcement of this chapter, or any duly authorized -representative. - -*Exterior property* means the open space on the premises and on -adjoining property under the control of the owner or occupant of such -premises. - -*Major violation* 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. - -*Minor violation* 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. - -*Occupant* means any person legally living or sleeping in a building, or -having legal possession of a space within, a building. - -*Owner* 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. - -*Premises* means a lot, plot, tract or parcel of land, including the -buildings and structures thereon. - -*Structure* means that which is built or constructed. - -(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) - -<div> - -::: phx-name -[ARTICLE 8-11B EXTERIOR PROPERTY MAINTENANCE VIOLATIONS -DEFINED](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11B_EXTERIOR_PROPERTY_MAINTENANCE_VIOLATIONS_DEFINED){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-1111 Exterior Property -Areas](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1111_Exterior_Property_Areas){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1112 Exterior Structure General -Maintenance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1112_Exterior_Structure_General_Maintenance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1113 -Appearance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1113_Appearance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1114 -Signage](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1114_Signage){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1115 -Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1115_Enforcement){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 8-1111 Exterior Property -Areas](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1111_Exterior_Property_Areas){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Grading* and *drainage*. 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. -2. *Rat harborage*. 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. -3. *Accessory structures*. 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. - -(Code 1999, § 8-1110; Ord. No. 451(04), 4-19-2004) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/21/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-1112 Exterior Structure General -Maintenance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1112_Exterior_Structure_General_Maintenance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -1. *Street numbers*. 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. -2. *Structural members*. 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. -3. *Exterior walls* *and* *surfaces*. 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. -4. *Roofs* *and* *drainage*. 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. -5. *Overhang extensions*. 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. -6. *Chimneys* *and* *towers*. 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. -7. *Handrails* *and* *guardrails*. 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. -8. *Windows, skylights, doors and frames*. 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. -9. *Insect screens*. All insect screens shall be tightly fitting and - maintained in sound condition and good repair, free from holes, - cuts, or rips. -10. *Exterior doors and frames.* All exterior doors, frames and - hardware, including garage doors, shall be maintained in sound - condition, good repair and weather-tight. -11. *Basement, foundation, vents, and windows.* 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. -12. *Porches, decks, and docks.* 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. -13. *Decorative features*. 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. -14. *Sidewalks and driveways.* 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. - -(Code 1999, § 8-1111; Ord. No. 451(04), 4-19-2004) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[806(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/19/2015\ -Amended by Ord. -[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/21/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-1113 -Appearance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1113_Appearance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -1. *Exterior space*. The exterior open space around each structure - shall be maintained or improved so as to provide for: - 1. The immediate diversion of water away from buildings and proper - drainage of the lot; - 2. 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 - 3. Sidewalks, walkways, parking areas, driveways and exterior steps - which are of a permanently hard, dust-free surface of sound - construction, and properly maintained. -2. *Buffer and screening requirements.* 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. -3. *Vegetative ground cover required*. All green areas shall be graded - and seeded with an all-season, well maintained vegetative ground - cover. -4. *Fences and walls.* 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: - 1. Missing or broken panels; - 2. Lean posts being used to keep the fence erect; - 3. Patches made to the fence that are not made of the same original - fence material; - 4. Three or more broken or missing slats within a panel; - 5. Broken fence posts; - 6. Upright fence posts when no fence panels or other horizontal - fence material is erected; - 7. Leaning panels, fence material or fence posts. -5. *Yards*. 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. -6. *Hazards*. Hazards and unsanitary conditions shall be eliminated. -7. *Grading*. 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. -8. *Drainage*. 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. -9. *Drainage swales*. 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. -10. *Traffic markings*. 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. -11. *Exterior light fixtures*. 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). -12. *Driveways and walkways*. 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. -13. *Rodent harborage*. 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. -14. *Mosquito infestation*. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[806(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/19/2015\ -Amended by Ord. -[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/21/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-1114 -Signage](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1114_Signage){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Sign maintenance*. 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. -2. *Visibility triangles*. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[806(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/19/2015\ -Amended by Ord. -[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/21/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-1115 -Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1115_Enforcement){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[806(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/19/2015\ -Amended by Ord. -[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/21/2019\ -* -::: - -<div> - -::: phx-name -[ARTICLE 8-11C NOTICE AND -ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11C_NOTICE_AND_ENFORCEMENT){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-1121 Determination Of -Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1121_Determination_Of_Violation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1122 Notice Of -Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1122_Notice_Of_Violation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1123 Correction Of -Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1123_Correction_Of_Violation){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 8-1121 Determination Of -Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1121_Determination_Of_Violation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 8-1140; Ord. No. 102(94), 12-5-1994; Ord. No. 196(97), -6-16-1997) - -<div> - -::: phx-name -[Sec 8-1122 Notice Of -Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1122_Notice_Of_Violation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The written notice shall be sent by certified mail to the owner of - the property at the address shown by the current year\'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. - -(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) - -<div> - -::: phx-name -[Sec 8-1123 Correction Of -Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1123_Correction_Of_Violation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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\'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). - -(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) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[807(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326959_Ordinance%20No.%20807%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/19/2015\ -* -::: - -<div> - -::: phx-name -[CHAPTER 8-12 MEDICAL -MARIJUANA](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-12_MEDICAL_MARIJUANA){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-1201 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1201_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1202 General -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1202_General_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1203 Medical Marijuana -Dispensary](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1203_Medical_Marijuana_Dispensary){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1204 Commercial Medical Marijuana Growing -Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1204_Commercial_Medical_Marijuana_Growing_Facilities){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1205 Commercial Medical Marijuana Processing -Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1205_Commercial_Medical_Marijuana_Processing_Facility){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1206 Medical Marijuana Testing Laboratory -Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1206_Medical_Marijuana_Testing_Laboratory_Facility){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1207 Medical Marijuana Research -Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1207_Medical_Marijuana_Research_Facility){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1208 Medical Marijuana Education -Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1208_Medical_Marijuana_Education_Facility){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1209 Medical Marijuana Growing For Personal -Use](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1209_Medical_Marijuana_Growing_For_Personal_Use){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1210 Legal Non-Conforming -Clause](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1210_Legal_Non-Conforming_Clause){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 8-1201 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1201_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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:\ -*Commercial medical marijuana growing facilities* 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.\ -*Commercial medical marijuana processing facilities* 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. - -*Hazardous processor license* 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. - -*Medical marijuana dispensary* 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.\ - -\ -*Medical marijuana education facility* 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.\ -*Medical marijuana growing for personal use* 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.\ -*Medical marijuana research facility means* a person or entity approved -to conduct medical marijuana research.\ -*Medical marijuana testing lab* means a public or private laboratory -licensed to conduct testing and research on medical marijuana and -medical marijuana products.\ -*Medical marijuana transporter* 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.\ -*Medical marijuana waste* 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. - -*Non-hazardous processor license* 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. - -*School* 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 -\"school.\" - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -Amended by Ord. -[1020.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1677620270_1020.23.pdf){.k-link -target="_blank" style="color:#0000EE"} on 2/21/2023\ -* -::: - -<div> - -::: phx-name -[Sec 8-1202 General -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1202_General_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. The property inspection will occur at a time scheduled and approved - by both the applicant and the city inspector. -4. The applicant will be required to be present during the inspection. -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. -6. 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. -7. A nonrefundable license fee, as established by this chapter, shall - be paid at the time the application is submitted. -8. 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. -9. License holder shall remit all required state and city sales tax. -10. It is the intent of the City of Moore that nothing in the medical - marijuana ordinance be construed to: - 1. 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; - 2. Allow the use of marijuana for non-medical purposes; or - 3. Allow any activity that is otherwise illegal and not permitted - by state law. -11. Additional regulations: - 1. 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 \"Smoking in Public Places and Indoor - Workplace Act.\" - 2. Revocation or suspension of municipal issued marijuana license: - 1. The city manager or designee shall revoke or suspend a - license issued under this section on any of the following - grounds: - 1. 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; - 2. Violation of any city ordinance, state law, or - department of health regulations governing medical - marijuana; - 3. Or any acts deemed to be a public nuisance. - 2. 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. - 3. 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. - 3. 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. - 4. Revocation of the state issued license shall result in immediate - revocation of the city issued license. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-1203 Medical Marijuana -Dispensary](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1203_Medical_Marijuana_Dispensary){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. A medical marijuana dispensary shall only be located within one of - the following zoning districts: - 1. C-2, Neighborhood Commercial District. - 2. C-3, General Commercial District. - 3. C-4, Planned Shopping Center District. - 4. C-5, Automotive and Commercial Recreation District. - 5. C-6, Central Business District. - 6. I-1, Light Industrial District. -2. 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. -3. Conditions of operation: - 1. The retail establishment must maintain a valid sales tax permit - issued by the State of Oklahoma. - 2. No on premises use of marijuana or its derivatives shall be - allowed. - 3. Any violations of this section will result in the revocation of - the retail medical marijuana business license. -4. There shall be a business license fee and an annual renewal fee as - set forth in the city of Moore\'s fee schedule. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-1204 Commercial Medical Marijuana Growing -Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1204_Commercial_Medical_Marijuana_Growing_Facilities){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Commercial medical marijuana growing facilities shall only be - located within one of the following zoning districts: - 1. A-1, Rural Agriculture. - 2. A-2, Suburban Agriculture. - 3. I-1, Light Industrial. - 4. I-2, Medium Industrial. - 5. I-3, Heavy Industrial. -2. Conditions of operation: - 1. The facility shall be a secure building with limited access. The - secure area must be locked at all times. - 2. 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. - 3. 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. -3. There shall be a business license fee and an annual renewal fee as - set forth in the city of Moore\'s fee schedule.\ - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-1205 Commercial Medical Marijuana Processing -Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1205_Commercial_Medical_Marijuana_Processing_Facility){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Commercial hazardous medical marijuana processing facilities shall - only be located within one of the following zoning districts: - 1. A-1, Rural Agriculture. - 2. A-2, Suburban Agriculture. - 3. I-1 - Light Industrial. - 4. I-2, Medium Industrial. - 5. I-3, Heavy Industrial. -2. 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:\ - 1. C-2, Neighborhood Commercial District\ - 2. C-3, General Commercial District\ - 3. C-4, Planned Shopping Center District\ - 4. C-5, Automotive and Commercial Recreation District\ - 5. C-6, Central Business District\ -3. Conditions of operation: - 1. Hazardous Medical Marijuana Processing facilities:\ - 1. The facility shall be a secure building with limited access. - The secure area must be locked at all times.\ - 2. 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.\ - 3. 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.\ - 2. Non-hazardous Medical Marijuana Processing Facilities:\ - 1. 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.\ - 2. 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.\ - 3. 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.\ - 4. A commercial kitchen meeting all building and fire codes is - required for non0hazardous medical marijuana processing that - involves baking or cooking.\ - 5. 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.\ -4. There shall be a business license fee and an annual renewal fee as - set forth in the city of Moore\'s fee schedule. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -Amended by Ord. -[1020.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1677620270_1020.23.pdf){.k-link -target="_blank" style="color:#0000EE"} on 2/21/2023\ -* -::: - -<div> - -::: phx-name -[Sec 8-1206 Medical Marijuana Testing Laboratory -Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1206_Medical_Marijuana_Testing_Laboratory_Facility){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Medical marijuana testing laboratory facilities shall only be - located within one of the following zoning districts: - 1. C-2, Neighborhood Commercial District. - 2. C-3, General Commercial District. - 3. C-4, Planned Shopping Center District. - 4. C-5, Automotive and Commercial Recreation District. - 5. C-6, Central Business District. - 6. I-1, Light Industrial District. -2. Conditions of operation: - 1. The facility shall be a secure building with limited access. The - secure area must be locked at all times. - 2. The area shall comply with all building and fire codes adopted - by the State of Oklahoma and the City of Moore. - 3. 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. -3. There shall be a business license fee and an annual renewal fee as - set forth in the city of Moore\'s fee schedule. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-1207 Medical Marijuana Research -Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1207_Medical_Marijuana_Research_Facility){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Medical marijuana research facilities shall only be located within - one of the following zoning districts: - 1. C-2, Neighborhood Commercial District. - 2. C-3, General Commercial District. - 3. C-4, Planned Shopping Center District. - 4. C-5, Automotive and Commercial Recreation District. - 5. C-6, Central Business District. - 6. I-1, Light Industrial District. -2. Conditions of operation: - 1. The facility shall be a secure building with limited access. The - secure area must be locked at all times. - 2. The area shall comply with all building and fire codes adopted - by the State of Oklahoma and the City of Moore. - 3. 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. -3. There shall be a business license fee and an annual renewal fee as - set forth in the city of Moore\'s fee schedule. - -<div> - -::: phx-name -[Sec 8-1208 Medical Marijuana Education -Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1208_Medical_Marijuana_Education_Facility){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Medical marijuana education facilities shall only be located within - one of the following zoning districts: - 1. A-1, Rural Agriculture. - 2. A-2, Suburban Agriculture. - 3. I-1, Light Industrial. - 4. I-2, Medium Industrial. - 5. I-3, Heavy Industrial. -2. Conditions of operation: - 1. The facility shall be a secure building with limited access. The - secure area must be locked at all times. - 2. The area shall comply with all building and fire codes adopted - by the State of Oklahoma and the City of Moore. - 3. 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. -3. There shall be a business license fee and an annual renewal fee as - set forth in the city of Moore\'s fee schedule. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-1209 Medical Marijuana Growing For Personal -Use](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1209_Medical_Marijuana_Growing_For_Personal_Use){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. 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\'s - written permission to grow marijuana on the property. -2. 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, \"visible\" - 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. -3. 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. -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. -5. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-1210 Legal Non-Conforming -Clause](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1210_Legal_Non-Conforming_Clause){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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\'s certificate of compliance in order for that entity - to obtain the State of Oklahoma issued medical marijuana license.\ - 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: - 1. 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. - 2. 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. - 3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -Amended by Ord. -[947(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350432_947%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 7/6/2020\ -* -::: - -<div> - -::: phx-name -[CHAPTER 8-13 MULTI-FAMILY -CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-13_MULTI-FAMILY_CODE){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 8-1301 Adoption Of 2015 International Property Maintenance -Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1301_Adoption_Of_2015_International_Property_Maintenance_Code){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1302 Amendments To Multi-Family -Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1302_Amendments_To_Multi-Family_Code){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 8-1303 -Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1303_Notice){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 8-1301 Adoption Of 2015 International Property Maintenance -Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1301_Adoption_Of_2015_International_Property_Maintenance_Code){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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 \"the multi-family code.\" 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[919(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-1302 Amendments To Multi-Family -Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1302_Amendments_To_Multi-Family_Code){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The following additions, amendments or deletions are made to the -building code adopted herein: - -Section 101.1- Insert: City of Moore - -Section 101.2- Delete existing language in this section and replace with -the following: - -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\'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. - -Section 102.1 General: Insert the following after the last sentence: - -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. - -Section 103.1- Delete \"department of property maintenance inspection\" -and insert \"Code Enforcement Department\" - -Section 103.5- Insert: Fee Schedule of the City of Moore as shall be -amended from time to time. - -Section 104.2- Amended to read as follows: - -The code official shall make any inspection deemed necessary by the -Community Development Director or their designee. - -Section 106.3- Delete \"of a misdemeanor or civil infraction as -determined by the local municipality, and the violation shall be -determined a strict liability offense.\" Insert \"of an offense.\" - -Section 106.4 Violation Penalty: Insert the following after the last -sentence: - -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. - -Section 107.1- Amended to read as follows: - -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. - -Section 107.2- Delete entire section - -Section 107.3- Delete entire section - -Section 107.5- Delete entire section - -Section 107.6- Delete entire section - -Section 108.1- Amended to read as follows: - -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. - -Sections 108.1.1 through 108.7- Delete entire section - -Section 110- Delete entire section - -Section 111.1- Amended to read as follows: - -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. - -Sections 111.2 through 111.6.2- Delete entire section - -Section 112.4- Amended to read as follows: - -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. - -Section 302.4- Amended to read as follows: - -Premises and exterior property shall be maintained free from weeds or -plant growth in accordance with Part 8 of the Moore City Code. - -Section 302.5- Amended to read as follows: - -Premises and exterior property shall be kept free from rodent harborage -and infestation in accordance with Part 8 of the Moore City Code. - -Section 302.8- Amended to read as follows: - -*Inoperative or unlicensed vehicles shall be in accordance with Part 8 -of the Moore City Code*. - -Section 304.3- Delete \"4 inches\" Insert \"3 inches\" - -Section 304.14- Insert: - -March 15 to November 15 - -Section 309.3 Single Occupant: Delete existing language and replace with -the following: - -Reserved - -Section 402.2- Amended to read as follows: - -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. - -Section 404.4.1 Room Area. Delete existing language and replace with the -following: - -Every living room shall contain not less than 120 square feet and every -bedroom shall contain not less than 70 square feet. - -Section 404.5 Overcrowding: Delete sections 404.5, 404.5.1 and 404.5.2 -and replace with the following: - -Reserved - -Section 502.2 through 502.3- Delete entire section - -Section 503.2- Delete entire section - -Section 506.1- Delete: \"an approved private sewage disposal system\" - -Section 506.3- Add the following language to the end of the section: - -Grease interceptors shall be maintained in accordance with the Moore -Municipal Code - -Section 602.3- Amended to read as follows: - -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. - -Section 602.4- Amended to read as follows: - -Indoor occupiable work space shall be supplied with heat to maintain a -minimum temperature of 68 degrees Fahrenheit while the space is -occupied. - -Exceptions - -1. Processing, storage and operation areas that require cooling or - special temperature conditions. -2. Areas in which persons are primarily engaged in physical activities. - -Section 604.3.1.1- Amend section by deleting Exceptions 1-4, 6-13, 15, -1-18. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[919(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2019\ -* -::: - -<div> - -::: phx-name -[Sec 8-1303 -Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1303_Notice){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[919(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/7/2019\ -* -::: - -<div> - -::: {.phx-name .phx-break} -[PART 9 LICENSE AND BUSINESS -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_9_LICENSE_AND_BUSINESS_REGULATIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 9-1 GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-1_GENERAL_PROVISIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 9-2 UNIFORM CODE FOR EMERGENCY MEDICAL -SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-2_UNIFORM_CODE_FOR_EMERGENCY_MEDICAL_SERVICES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 9-3 BILLIARD AND POOL -HALLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-3_BILLIARD_AND_POOL_HALLS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 9-4 CHILD CARE -ESTABLISHMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-4_CHILD_CARE_ESTABLISHMENTS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 9-5 DANCE -HALLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-5_DANCE_HALLS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 9-6 GARAGE AND RESIDENTIAL SALES AND FLEA -MARKETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-6_GARAGE_AND_RESIDENTIAL_SALES_AND_FLEA_MARKETS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 9-7 ITINERANT VENDORS AND CHARITABLE -SOLICITATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-7_ITINERANT_VENDORS_AND_CHARITABLE_SOLICITATIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 9-8 -PAWNBROKERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-8_PAWNBROKERS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 9-9 PRECIOUS METALS -DEALERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-9_PRECIOUS_METALS_DEALERS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 9-10 RECREATION CENTERS AND AMUSEMENT -DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-10_RECREATION_CENTERS_AND_AMUSEMENT_DEVICES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 9-11 WRECKERS AND TOWING -SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-11_WRECKERS_AND_TOWING_SERVICE){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 9-12 MASSAGE PARLORS AND HEALTH -SPAS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-12_MASSAGE_PARLORS_AND_HEALTH_SPAS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 9-13 -PENALTIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-13_PENALTIES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 9-14 TATTOOING, BODY PIERCING AND MEDICAL -MICROPIGMENTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-14_TATTOOING,_BODY_PIERCING_AND_MEDICAL_MICROPIGMENTATION){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 9-15 HOME -OCCUPATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-15_HOME_OCCUPATIONS){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Licenses generally, 11 O.S. §§ 22-106, -22-107.\ - -<div> - -::: phx-name -[CHAPTER 9-1 GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-1_GENERAL_PROVISIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-101 Licenses Conditioned On Compliance With Code -Provisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-101_Licenses_Conditioned_On_Compliance_With_Code_Provisions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-102 Issuance Conditioned Upon Approval, Fees, Inspection Or -Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-102_Issuance_Conditioned_Upon_Approval,_Fees,_Inspection_Or_Bond){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-103 Transfer -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-103_Transfer_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-104 Issuing Officer, Signatures, Corporate -Seal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-104_Issuing_Officer,_Signatures,_Corporate_Seal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-105 Free Licenses And Rebates; Partial -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-105_Free_Licenses_And_Rebates;_Partial_Fees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-106 Expiration -Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-106_Expiration_Date){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-107 Suspension Or -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-107_Suspension_Or_Revocation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-108 Licenses And Permits, Not To Be Construed As An -Endorsement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-108_Licenses_And_Permits,_Not_To_Be_Construed_As_An_Endorsement){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-109 Renewal Of Licenses, General -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-109_Renewal_Of_Licenses,_General_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-110 Processing Fee For All Licenses, -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-110_Processing_Fee_For_All_Licenses,_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-111 License Required, -Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-111_License_Required,_Purpose){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-112 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-112_Application){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-113 -Posting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-113_Posting){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-114 Suspension Or Revocation Of Licenses Or Permits; Refusal To -Issue Licenses Or Permits; Notice And -Hearing](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){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-115 Weights And -Measures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-115_Weights_And_Measures){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-116 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-116_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Licenses generally, 11 O.S. §§ 22-106, -22-107.\ - -<div> - -::: phx-name -[Sec 9-101 Licenses Conditioned On Compliance With Code -Provisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-101_Licenses_Conditioned_On_Compliance_With_Code_Provisions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-101) - -<div> - -::: phx-name -[Sec 9-102 Issuance Conditioned Upon Approval, Fees, Inspection Or -Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-102_Issuance_Conditioned_Upon_Approval,_Fees,_Inspection_Or_Bond){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-102) - -<div> - -::: phx-name -[Sec 9-103 Transfer -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-103_Transfer_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-103) - -<div> - -::: phx-name -[Sec 9-104 Issuing Officer, Signatures, Corporate -Seal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-104_Issuing_Officer,_Signatures,_Corporate_Seal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-104) - -<div> - -::: phx-name -[Sec 9-105 Free Licenses And Rebates; Partial -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-105_Free_Licenses_And_Rebates;_Partial_Fees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-105) - -<div> - -::: phx-name -[Sec 9-106 Expiration -Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-106_Expiration_Date){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. All annual licenses issued shall expire on April 30 or on the date - specified in this Code or on the license. -2. 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. -3. 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. - -(Code 1999, § 9-106) - -<div> - -::: phx-name -[Sec 9-107 Suspension Or -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-107_Suspension_Or_Revocation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-107) - -<div> - -::: phx-name -[Sec 9-108 Licenses And Permits, Not To Be Construed As An -Endorsement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-108_Licenses_And_Permits,_Not_To_Be_Construed_As_An_Endorsement){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-108) - -<div> - -::: phx-name -[Sec 9-109 Renewal Of Licenses, General -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-109_Renewal_Of_Licenses,_General_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-109 - -<div> - -::: phx-name -[Sec 9-110 Processing Fee For All Licenses, -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-110_Processing_Fee_For_All_Licenses,_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-110) - -<div> - -::: phx-name -[Sec 9-111 License Required, -Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-111_License_Required,_Purpose){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-16, in part; Code 1999, § 9-111) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1037.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1037.23.pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/16/2023\ -* -::: - -<div> - -::: phx-name -[Sec 9-112 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-112_Application){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-17, in part; Code 1999, § 9-112) - -<div> - -::: phx-name -[Sec 9-113 -Posting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-113_Posting){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-113) - -<div> - -::: phx-name -[Sec 9-114 Suspension Or Revocation Of Licenses Or Permits; Refusal To -Issue Licenses Or Permits; Notice And -Hearing](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. Any fraud, misrepresentations or false statements contained in - the application for permit or license; - 2. Any fraud, misrepresentation or false statement made in - connection with the selling of goods, wares, merchandise and - services; - 3. 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 - 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. -2. 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. -3. 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. -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. -5. 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. -6. This section is in addition to any other procedures in this Code for - license suspension or revocation. - -(Code 1999, § 9-114) - -<div> - -::: phx-name -[Sec 9-115 Weights And -Measures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-115_Weights_And_Measures){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-115) - -<div> - -::: phx-name -[Sec 9-116 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-116_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A violation of this chapter is punishable as provided in section 1-108. - -(Code 1999, § 9-116) - -<div> - -::: phx-name -[CHAPTER 9-2 UNIFORM CODE FOR EMERGENCY MEDICAL -SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-2_UNIFORM_CODE_FOR_EMERGENCY_MEDICAL_SERVICES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-201 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-201_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-202 Medical -Director](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-202_Medical_Director){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-203 Mandatory Centralized Dispatch And Primary Service Answering -Point -(P.S.A.P.)](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-203_Mandatory_Centralized_Dispatch_And_Primary_Service_Answering_Point_(P.S.A.P.)){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-204 Mandatory EMS Data System And Reporting -Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-204_Mandatory_EMS_Data_System_And_Reporting_Standards){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-205 Insurance -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-205_Insurance_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-206 Ambulance -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-206_Ambulance_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-207 Response Time Performance -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-207_Response_Time_Performance_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-208 Prohibition Against Refusal To -Transport](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-208_Prohibition_Against_Refusal_To_Transport){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-209 -Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-209_Violations){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-210 -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-210_Penalties){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Oklahoma Emergency Response Systems -Development Act, 63 O.S. § 1-2501 et seq.\ - -<div> - -::: phx-name -[Sec 9-201 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-201_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Ambulance* means any vehicle which is designed and equipped to -transport ill or injured persons in a reclining position, to or from -health care facilities. - -*Base station physician* 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. - -*Emergency medical personnel* means those persons certified or licensed -under state law to provide one or more emergency medical services. - -*EMS* means emergency medical service. - -*EMS control center* or *control center* 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. - -*EMT* or *emergency medical technician* and categories thereof shall -have the meaning and scope of practice ascribed by state law. - -*First responder* 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. - -*Helicopter rescue unit* means any rotary wing aircraft providing basic -or advanced life support and transportation of patients. - -*Medical director* means the licensed physician serving as -administrative officer in carrying out the duties in section 9-202. - -*Medical protocol* 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. - -*Mutual aid agreement* 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. - -*Patient* 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. - -*Permit* means that document required to be obtained annually by each -provider of ambulance services under section 9-206. - -*Person* means and includes any individual, firm, association, -partnership, corporation, or other group or combination acting as a -unit. - -*Primary provider* 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. - -*Priority*. - -*Code three* 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. - -*Code one* 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. - -*Provider* means any ambulance operation granted a permit by this -jurisdiction to provide ambulance service in the service area. - -*Response time standards*. 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. - -*Service area* 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. - -*System standard of care* means the written body of standards and -policies governing clinical aspects of the EMS system. As used in this -context, \"system standard of care\" is a comprehensive term including: - -1. 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); -2. 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 -3. Outcome standards (e.g., results the system intends to achieve by - meeting its input and performance standards). - -*System status plan* 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. - -(Code 1999, § 9-201; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; -Ord. No. 144(96), 2-5-1996) - -<div> - -::: phx-name -[Sec 9-202 Medical -Director](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-202_Medical_Director){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The medical director shall: - 1. 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; - 2. Prescribe EMS data system and reporting standard by rule or - regulation; - 3. Prescribe and administer written and practical tests and - criteria for the certification and licensing of emergency - medical personnel and ambulance vehicles; - 4. Prescribe and administer a first responder and an emergency - medical technician/defibrillator (EMT/D) program. -2. The salary of the medical director shall be borne pro rata by - providers. -3. The medical director shall be provided by the primary ambulance - provider with the approval of the city council. - -(Code 1999, § 9-202; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; -Ord. No. 144(96), 2-5-1996) - -<div> - -::: phx-name -[Sec 9-203 Mandatory Centralized Dispatch And Primary Service Answering -Point -(P.S.A.P.)](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-203_Mandatory_Centralized_Dispatch_And_Primary_Service_Answering_Point_(P.S.A.P.)){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 9-203; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; -Ord. No. 144(96), 2-5-1996) - -<div> - -::: phx-name -[Sec 9-204 Mandatory EMS Data System And Reporting -Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-204_Mandatory_EMS_Data_System_And_Reporting_Standards){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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\'s permit. - -(Code 1999, § 9-204; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; -Ord. No. 144(96), 2-5-1996) - -<div> - -::: phx-name -[Sec 9-205 Insurance -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-205_Insurance_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s ambulance, and providing that amount of recovery - shall be in limits of not less than the following sums: - 1. 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; - 2. 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 - 3. For any injury to or destruction of property in any one - accident, not less than \$1,000,000.00. -2. 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. -3. 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\' - written notice received by the city. -4. Cancellation or material alteration of a required insurance policy - or coverage shall automatically revoke the provider\'s permit, and - the provider shall thereupon cease and desist from further ambulance - service operations. - -(Code 1999, § 9-205; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; -Ord. No. 144(96), 2-5-1996) - -<div> - -::: phx-name -[Sec 9-206 Ambulance -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-206_Ambulance_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. No permit shall be assignable or transferable by the person to whom - issued except as herein provided. -4. No transfer or assignment of existing permits shall be effective - absent the assent and approval of the city. -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. -6. 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: - 1. Proforma system status plan, which shall show assumed response - time reliability based thereon; - 2. Proforma medical quality assurance plan, which shall describe - the applicant\'s medical quality assurance plan, and which shall - demonstrate the applicant\'s ability to deliver medical care - meeting the system standard of care, as promulgated by the - medical director; - 3. Proforma staffing plan, providing for staffing at not less than - the EMT/paramedic level in accordance with state statutes; - 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: - 1. Non-invasive cardiac pacemaker; - 2. Portable ventilator and demand valve; - 3. Pulse oximetry; - 4. Electronic intravenous infusion control device; - 5. Electronic blood flow detection device (Doppler); - 6. Method for blood glucose determination; - 5. Evidence of insurance, as required in section 9-205. -7. Upon approval by the medical control board of the applicant\'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. -8. 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. -9. During the six months of the provider\'s probationary permit, the - provider\'s response times and clinical quality of care shall be - carefully evaluated. If the provider\'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. -10. Thereafter, chronic failure to comply with response time standards - or clinical quality of care shall be grounds to revoke the - provider\'s permit. -11. If any provider\'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. -12. 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\' written notice of termination to the other party. - -(Code 1999, § 9-206; Ord. No. 20(92), 4-6-1992; Ord. No. 144(96), -2-5-1996) - -<div> - -::: phx-name -[Sec 9-207 Response Time Performance -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-207_Response_Time_Performance_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-207; Ord. No. 20(92), 4-6-1992; Ord. No. 144(96), -2-5-1996) - -<div> - -::: phx-name -[Sec 9-208 Prohibition Against Refusal To -Transport](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-208_Prohibition_Against_Refusal_To_Transport){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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\'s permit. - -(Code 1999, § 9-208; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; -Ord. No. 144(96), 2-5-1996) - -<div> - -::: phx-name -[Sec 9-209 -Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-209_Violations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. It is unlawful: - 1. To perform duties as an ambulance driver or attendant without a - current state EMT license; - 2. To permit a person to work as an ambulance driver or attendant - without a current state EMT license; - 3. 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; - 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; - 5. To knowingly give false information to induce the dispatch of an - ambulance or helicopter rescue unit. -2. It shall be a defense to an alleged violation that the vehicle or - ambulance is: - 1. A privately-owned vehicle not ordinarily used in the business of - transporting patients who are sick, injured, wounded, - incapacitated or helpless; - 2. 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; - 3. An ambulance owned or operated by the federal or state - government; - 4. An ambulance transporting a patient to a location within this - jurisdiction, which transport originated from a point outside - the service area; - 5. An ambulance responding to a call pursuant to a mutual aid - agreement with a licensed provider; - 6. 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; - 7. 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. - -(Code 1999, § 9-209; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; -Ord. No. 144(96), 2-5-1996) - -<div> - -::: phx-name -[Sec 9-210 -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-210_Penalties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. Each day that any violation of the provisions of this chapter is - committed or permitted to continue shall constitute a separate - offense. - -(Code 1999, § 9-217; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; -Ord. No. 144(96), 2-5-1996) - -<div> - -::: phx-name -[CHAPTER 9-3 BILLIARD AND POOL -HALLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-3_BILLIARD_AND_POOL_HALLS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-301 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-301_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-302 License -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-302_License_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-303 Alcoholic Beverages; Intoxicated -Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-303_Alcoholic_Beverages;_Intoxicated_Persons){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-304 Permitted Hours Of -Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-304_Permitted_Hours_Of_Operation){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-301 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-301_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Billiard hall* or *pool hall* means a business establishment where a -charge is made for the playing of pool or billiards for profit by the -operators thereof. - -(Prior Code, § 6-56, in part; Code 1999, § 9-301) - -<div> - -::: phx-name -[Sec 9-302 License -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-302_License_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A license fee per table shall be paid annually to the city clerk for a -billiard emporium license expiring April 30 of each year. - -(Prior Code, § 6-57; Code 1999, § 9-302) - -<div> - -::: phx-name -[Sec 9-303 Alcoholic Beverages; Intoxicated -Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-303_Alcoholic_Beverages;_Intoxicated_Persons){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Alcoholic beverage or low-point beer may be consumed or sold on the - premises of a pool or billiard hall. -2. Intoxicated persons shall not be permitted to remain on the - premises. - -(Code 1999, § 9-303) - -<div> - -::: phx-name -[Sec 9-304 Permitted Hours Of -Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-304_Permitted_Hours_Of_Operation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A billiard hall may be open during the following hours only: - -1. 6:00 a.m. until 12:00 midnight Monday through Thursday; -2. 6:00 a.m. until 2:00 a.m. Friday and Saturday; and -3. 12:00 noon until 5:00 p.m. Sunday. - -(Prior Code, § 6-59; Code 1999, § 9-304) - -<div> - -::: phx-name -[CHAPTER 9-4 CHILD CARE -ESTABLISHMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-4_CHILD_CARE_ESTABLISHMENTS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-401 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-401_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-402 -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-402_Exceptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-403 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-403_License_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-404 Operation In Residential Structure Other Than Residence Of -Owner Or Operator -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-404_Operation_In_Residential_Structure_Other_Than_Residence_Of_Owner_Or_Operator_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-405 Zoning -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-405_Zoning_Restrictions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-406 -Inspections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-406_Inspections){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-407 Nonconforming -Continuation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-407_Nonconforming_Continuation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-408 -Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-408_Enforcement){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-409 Penalty For Violation Of -Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-409_Penalty_For_Violation_Of_Chapter){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- State licensing of child care facilities, 10 -O.S. § 401 et seq.\ - -<div> - -::: phx-name -[Sec 9-401 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-401_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Day care center* 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. - -*Family day care* *home* 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. - -(Prior Code, § 6-96; Code 1999, § 9-401; Ord. No. 35(92), 9-21-1992) - -<div> - -::: phx-name -[Sec 9-402 -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-402_Exceptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Places, homes or institutions excepted from the definitions of a day -care center or family day care home are: - -1. Those public and private schools organized, operated or approved - under the laws of the state and regulated by the state department of - education; -2. Those where custody of the children has been fixed by a court of - competent jurisdiction; -3. Those where children are related by blood or marriage within the - third degree of the custodial person; and -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\'s - activities to the extent such care and custody does not exceed four - hours at any one time. - -(Prior Code, § 6-96; Code 1999, § 9-402) - -<div> - -::: phx-name -[Sec 9-403 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-403_License_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-97; Code 1999, § 9-403) - -<div> - -::: phx-name -[Sec 9-404 Operation In Residential Structure Other Than Residence Of -Owner Or Operator -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-404_Operation_In_Residential_Structure_Other_Than_Residence_Of_Owner_Or_Operator_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-98; Code 1999, § 9-404) - -<div> - -::: phx-name -[Sec 9-405 Zoning -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-405_Zoning_Restrictions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Any day care center can only be operated in accordance with the city -zoning regulations. - -(Prior Code, § 6-99; Code 1999, § 9-405) - -<div> - -::: phx-name -[Sec 9-406 -Inspections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-406_Inspections){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s -operations. - -(Prior Code, § 6-100; Code 1999, § 9-406) - -<div> - -::: phx-name -[Sec 9-407 Nonconforming -Continuation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-407_Nonconforming_Continuation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Any licensed day care center or child care establishment in lawful -operation on February 2, 1983, may continue in operation. - -(Prior Code, § 6-101; Code 1999, § 9-407) - -<div> - -::: phx-name -[Sec 9-408 -Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-408_Enforcement){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Enforcement of this chapter shall be the responsibility of the code -enforcement officer for the city. - -(Prior Code, § 6-102; Code 1999, § 9-408) - -<div> - -::: phx-name -[Sec 9-409 Penalty For Violation Of -Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-409_Penalty_For_Violation_Of_Chapter){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s violation -thereof shall be deemed a separate offense. - -(Code 1999, § 9-409) - -<div> - -::: phx-name -[CHAPTER 9-5 DANCE -HALLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-5_DANCE_HALLS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-501 -Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-501_Definition){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-502 Permit -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-502_Permit_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-503 Issuance To Persons Holding Liquor Or Beer License -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-503_Issuance_To_Persons_Holding_Liquor_Or_Beer_License_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-504 Issuance For Locations Near Churches -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-504_Issuance_For_Locations_Near_Churches_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-505 Parking Prerequisite To -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-505_Parking_Prerequisite_To_Issuance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-506 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-506_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-507 Juvenile Discos, -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-507_Juvenile_Discos,_Permit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-508 Persons Under 16, Presence -Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-508_Persons_Under_16,_Presence_Restricted){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-509 Intoxicated Persons, Liquor -Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-509_Intoxicated_Persons,_Liquor_Violations){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-510 Time Of -Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-510_Time_Of_Operation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-511 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-511_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-501 -Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-501_Definition){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Public dance hall* and *dance hall* 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 \"public -dance hall\" and \"dance hall\" 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. - -(Prior Code, § 6-66; Code 1999, § 9-501) - -<div> - -::: phx-name -[Sec 9-502 Permit -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-502_Permit_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-67; Code 1999, § 9-502) - -<div> - -::: phx-name -[Sec 9-503 Issuance To Persons Holding Liquor Or Beer License -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-503_Issuance_To_Persons_Holding_Liquor_Or_Beer_License_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-68; Code 1999, § 9-503) - -<div> - -::: phx-name -[Sec 9-504 Issuance For Locations Near Churches -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-504_Issuance_For_Locations_Near_Churches_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-69; Code 1999, § 9-504) - -<div> - -::: phx-name -[Sec 9-505 Parking Prerequisite To -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-505_Parking_Prerequisite_To_Issuance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s off-street -parking requirements. - -(Prior Code, § 6-70; Code 1999, § 9-505) - -<div> - -::: phx-name -[Sec 9-506 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-506_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-71; Code 1999, § 9-506) - -<div> - -::: phx-name -[Sec 9-507 Juvenile Discos, -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-507_Juvenile_Discos,_Permit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. - -(Code 1999, § 9-507) - -<div> - -::: phx-name -[Sec 9-508 Persons Under 16, Presence -Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-508_Persons_Under_16,_Presence_Restricted){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-73; Code 1999, § 9-508) - -<div> - -::: phx-name -[Sec 9-509 Intoxicated Persons, Liquor -Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-509_Intoxicated_Persons,_Liquor_Violations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Permit any intoxicated person to be in, or dance therein; -2. Permit any person to violate any of the laws known as prohibitory - liquor laws; -3. 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 -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. - -(Prior Code, § 6-74; Code 1999, § 9-509) - -<div> - -::: phx-name -[Sec 9-510 Time Of -Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-510_Time_Of_Operation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-75; Code 1999, § 9-510) - -<div> - -::: phx-name -[Sec 9-511 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-511_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Any violation of this chapter is punishable as provided in section -1-108. - -(Code 1999, § 9-511) - -<div> - -::: phx-name -[CHAPTER 9-6 GARAGE AND RESIDENTIAL SALES AND FLEA -MARKETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-6_GARAGE_AND_RESIDENTIAL_SALES_AND_FLEA_MARKETS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 9-6A RESIDENTIAL -SALES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6A_RESIDENTIAL_SALES){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 9-6B FLEA -MARKETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6B_FLEA_MARKETS){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 9-6A RESIDENTIAL -SALES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6A_RESIDENTIAL_SALES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-601 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-601_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-602 One License Required Per Location; -Eligibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-602_One_License_Required_Per_Location;_Eligibility){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-603 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-603_Application){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-604 Issuance; Term; -Investigation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-604_Issuance;_Term;_Investigation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-605 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-605_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-606 Revocation Or -Refusal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-606_Revocation_Or_Refusal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-607 Interval Between -Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-607_Interval_Between_Sales){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-608 -Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-608_Signs){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-609 Display Of -Goods](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-609_Display_Of_Goods){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-610 Persons Exempt From -Article](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-610_Persons_Exempt_From_Article){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-611 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-611_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-601 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-601_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Residential sale* 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. - -(Prior Code, § 6-321; Code 1999, § 9-601) - -<div> - -::: phx-name -[Sec 9-602 One License Required Per Location; -Eligibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-602_One_License_Required_Per_Location;_Eligibility){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. A separate license shall be required for each location at which a - residential sale is to be held. -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. -5. 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. - -(Prior Code, § 6-322; Code 1999, § 9-602; Ord. No. 487(89), 6-5-1989; -Ord. No. 78(94), 3-7-1994) - -<div> - -::: phx-name -[Sec 9-603 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-603_Application){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -An applicant for a license shall furnish the city clerk with the -following information: - -1. Full name and address of the applicant; -2. The location at which the proposed residential sale is to be held; - and -3. The dates upon which the sale is to be held. - -(Prior Code, § 6-323; Code 1999, § 9-603; Ord. No. 78(94), 3-7-1994) - -<div> - -::: phx-name -[Sec 9-604 Issuance; Term; -Investigation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-604_Issuance;_Term;_Investigation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Prior Code, § 6-325; Code 1999, § 9-604; Ord. No. 57(93), 7-6-1993; -Ord. No. 78(94), 3-7-1994) - -<div> - -::: phx-name -[Sec 9-605 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-605_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-605; Ord. No. 487(89), 6-5-1989) - -<div> - -::: phx-name -[Sec 9-606 Revocation Or -Refusal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-606_Revocation_Or_Refusal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-326; Code 1999, § 9-606) - -<div> - -::: phx-name -[Sec 9-607 Interval Between -Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-607_Interval_Between_Sales){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-327; Code 1999, § 9-607; Ord. No. 78(94), 3-7-1994) - -<div> - -::: phx-name -[Sec 9-608 -Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-608_Signs){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s building department. -2. 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. - -(Code 1999, § 9-608; Ord. No. 487(89), 6-5-1989; Ord. No. 78(94), -3-7-1994) - -<div> - -::: phx-name -[Sec 9-609 Display Of -Goods](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-609_Display_Of_Goods){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The sale area of any residential sale shall be confined to the premises -for which the license has been issued. - -(Code 1999, § 9-609; Ord. No. 487(89), 6-5-1989) - -<div> - -::: phx-name -[Sec 9-610 Persons Exempt From -Article](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-610_Persons_Exempt_From_Article){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The provisions of this article shall not apply to or affect the -following persons: - -1. Persons acting pursuant to an order or process of a court of - competent jurisdiction; -2. Persons acting in accordance with their powers and duties as public - officials; or -3. Duly licensed auctioneers selling at auction. - -(Prior Code, § 6-330; Code 1999, § 9-610) - -<div> - -::: phx-name -[Sec 9-611 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-611_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Any person who violates this article shall be punished by fine as -provided in section 1-108. - -(Code 1999, § 9-611) - -<div> - -::: phx-name -[ARTICLE 9-6B FLEA -MARKETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6B_FLEA_MARKETS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-621 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-621_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-622 License Provisions, Requirements, And -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-622_License_Provisions,_Requirements,_And_Restrictions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-623 Unlawful -Transactions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-623_Unlawful_Transactions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-624 Sales Tax -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-624_Sales_Tax_Permit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-625 Zoning -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-625_Zoning_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-626 Site -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-626_Site_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-627 Water Supply -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-627_Water_Supply_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-628 Restroom And Sewage -Disposal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-628_Restroom_And_Sewage_Disposal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-629 Refuse -Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-629_Refuse_Control){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-630 Insect And Rodent -Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-630_Insect_And_Rodent_Control){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-631 Fire -Protection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-631_Fire_Protection){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-632 Public Address -Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-632_Public_Address_Systems){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-633 Sales After -Dark](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-633_Sales_After_Dark){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-634 Sales Of Animals, Outdoor Flea -Market](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-634_Sales_Of_Animals,_Outdoor_Flea_Market){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-635 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-635_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-621 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-621_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Flea market* 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. - -*Flea market seller* means a person, firm or corporation selling items -or offering items for sale at a flea market. - -*Market* means a place where goods are sold to the public. - -(Code 1999, § 9-621; Ord. No. 46(93), 2-1-1993) - -<div> - -::: phx-name -[Sec 9-622 License Provisions, Requirements, And -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-622_License_Provisions,_Requirements,_And_Restrictions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s license therefor. Applications - for licenses shall be made to the city clerk on forms provided by - the city clerk. All flea market operator\'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. -2. Each flea market operator required by this article to obtain a - license shall keep accurate records of names, addresses, and - drivers\' 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. -3. No person, firm or corporation operating a secondhand store shall be - required to obtain a license under this article for the same - business location. -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. - -(Code 1999, § 9-622; Ord. No. 46(93), 2-1-1993; Ord. No. 48, 2-16-1993) - -<div> - -::: phx-name -[Sec 9-623 Unlawful -Transactions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-623_Unlawful_Transactions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No person shall sell or offer for sale at any flea market any goods -known to such person to be stolen. - -(Code 1999, § 9-623; Ord. No. 46(93), 2-1-1993) - -<div> - -::: phx-name -[Sec 9-624 Sales Tax -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-624_Sales_Tax_Permit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-624; Ord. No. 46(93), 2-1-1993) - -<div> - -::: phx-name -[Sec 9-625 Zoning -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-625_Zoning_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A flea market shall be permitted only in a district as provided in the -city\'s zoning ordinance. - -(Code 1999, § 9-625; Ord. No. 46(93), 2-1-1993) - -<div> - -::: phx-name -[Sec 9-626 Site -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-626_Site_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Flea market booths generally*. 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. -2. *Site improvement requirements for outdoor flea markets*. - 1. 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; - 2. 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 - 3. 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. -3. *Setbacks, buffer strips and screening for outdoor flea markets*. - 1. 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 - 2. 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. -4. *Street and parking requirements for flea markets*. - 1. All flea markets shall be provided with safe and convenient - vehicular access from abutting public streets or roads or - highways; - 2. 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; - 3. 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. -5. *Walks, general requirements*. 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. -6. *Identification*. Each booth or table shall be numbered. - -(Code 1999, § 9-626; Ord. No. 46(93), 2-1-1993) - -<div> - -::: phx-name -[Sec 9-627 Water Supply -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-627_Water_Supply_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The water supply system of the flea market shall be constructed and - connected in accordance with the plumbing code of the city. - -(Code 1999, § 9-627; Ord. No. 46(93), 2-1-1993) - -<div> - -::: phx-name -[Sec 9-628 Restroom And Sewage -Disposal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-628_Restroom_And_Sewage_Disposal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. Hot and cold water shall be furnished to every lavatory and sink; - cold water shall be furnished to every water closet and urinal. -3. Restrooms shall contain the minimum number of fixtures as required - by the plumbing code of the city. -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. - -(Code 1999, § 9-628; Ord. No. 46(93), 2-1-1993) - -<div> - -::: phx-name -[Sec 9-629 Refuse -Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-629_Refuse_Control){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-629; Ord. No. 46(93), 2-1-1993) - -<div> - -::: phx-name -[Sec 9-630 Insect And Rodent -Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-630_Insect_And_Rodent_Control){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Grounds, buildings and structures shall be maintained free of insect and -rodent harborage and infestation. - -(Code 1999, § 9-630; Ord. No. 46(93), 2-1-1993) - -<div> - -::: phx-name -[Sec 9-631 Fire -Protection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-631_Fire_Protection){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Flea markets shall be kept free of litter, rubbish and other - flammable materials. -2. Portable fire extinguishers shall be kept in all buildings and shall - be maintained in good operating condition. - -(Code 1999, § 9-631; Ord. No. 46(93), 2-1-1993) - -<div> - -::: phx-name -[Sec 9-632 Public Address -Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-632_Public_Address_Systems){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s noise ordinance. - -(Code 1999, § 9-632; Ord. No. 46(93), 2-1-1993) - -<div> - -::: phx-name -[Sec 9-633 Sales After -Dark](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-633_Sales_After_Dark){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-633; Ord. No. 46(93), 2-1-1993) - -<div> - -::: phx-name -[Sec 9-634 Sales Of Animals, Outdoor Flea -Market](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-634_Sales_Of_Animals,_Outdoor_Flea_Market){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-634; Ord. No. 46(93), 2-1-1993) - -<div> - -::: phx-name -[Sec 9-635 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-635_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-635; Ord. No. 46(93), 2-1-1993) - -<div> - -::: phx-name -[CHAPTER 9-7 ITINERANT VENDORS AND CHARITABLE -SOLICITATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-7_ITINERANT_VENDORS_AND_CHARITABLE_SOLICITATIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 9-7A ITINERANT -VENDORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7A_ITINERANT_VENDORS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 9-7B CHARITABLE -SOLICITATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7B_CHARITABLE_SOLICITATIONS){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 9-7A ITINERANT -VENDORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7A_ITINERANT_VENDORS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-701 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-701_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-702 License Required, Blanket -Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-702_License_Required,_Blanket_Licenses){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-703 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-703_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-704 Application For -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-704_Application_For_License){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-705 Investigation, Approval Or -Disapproval](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-705_Investigation,_Approval_Or_Disapproval){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-706 Bond For -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-706_Bond_For_License){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-707 Service Of -Process](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-707_Service_Of_Process){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-708 Sale Of -Foods](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-708_Sale_Of_Foods){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-709 Identification Tag Or Badge, -Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-709_Identification_Tag_Or_Badge,_Display){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-710 -Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-710_Hours){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-711 -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-711_Exceptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-712 Provisions -Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-712_Provisions_Cumulative){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-713 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-713_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-701 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-701_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Commercial* 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. - -*Itinerant* 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. - -*Peddler* 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. - -*Soliciting* means and includes any one or more of the following -activities: - -1. 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; -2. Seeking to obtain prospective customers for application or purchase - of insurance of any type, kind or publication; -3. Seeking to obtain subscriptions to books, magazines, periodicals, - newspapers and every other type or kind of publication; or -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. - -*Solicitor* 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. - -*Vendor* 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. - -(Prior Code, § 6-431, in part; Code 1999, § 9-701) - -**State Law reference**--- State peddlers licenses, 47 O.S. § 434; -ex-servicemen exempted if certified by district court, 72 O.S. § 1. - -<div> - -::: phx-name -[Sec 9-702 License Required, Blanket -Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-702_License_Required,_Blanket_Licenses){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-441, in part; Code 1999, § 9-702) - -<div> - -::: phx-name -[Sec 9-703 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-703_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-444, in part; Code 1999, § 9-703) - -<div> - -::: phx-name -[Sec 9-704 Application For -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-704_Application_For_License){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Name and address of the persons having the management or supervision - of the applicant\'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; -2. The places in the city within the proper zoning classification where - it is proposed to carry on the applicant\'s business and the length - of time during which it is proposed that the business be conducted; -3. 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; -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; -5. 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; -6. Current state sales tax permit number; -7. Current license or permit, if any, which may be required by state - law or ordinances of the city for the particular activity or - business; -8. 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: - 1. Proof of liability insurance required by state law; and - 2. Proof or verification from the insurance carrier that the city - clerk will be provided at least ten days\' notice of any - cancellation; and -9. Proof of 501(c)(3) tax status if claiming exemption from the license - fees. - -(Prior Code, §§ 6-442, 6-443, in part; Code 1999, § 9-704) - -<div> - -::: phx-name -[Sec 9-705 Investigation, Approval Or -Disapproval](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-705_Investigation,_Approval_Or_Disapproval){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Code 1999, § 9-705) - -<div> - -::: phx-name -[Sec 9-706 Bond For -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-706_Bond_For_License){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. All such bonds shall be approved by the city attorney and - conditioned that: - 1. 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 - 2. 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. - -(Prior Code, § 6-443, in part; Code 1999, § 9-706) - -<div> - -::: phx-name -[Sec 9-707 Service Of -Process](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-707_Service_Of_Process){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-707) - -<div> - -::: phx-name -[Sec 9-708 Sale Of -Foods](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-708_Sale_Of_Foods){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The sale of foods requires an individual license not covered by - blanket licenses. - -(Code 1999, § 9-708) - -<div> - -::: phx-name -[Sec 9-709 Identification Tag Or Badge, -Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-709_Identification_Tag_Or_Badge,_Display){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -At all times there shall be posted in a conspicuous place upon each: - -1. Licensee if an individual; -2. Vehicle or booth used by a licensee; or -3. Building or premises as appropriate for blanket licenses; - -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. - -(Code 1999, § 9-709) - -<div> - -::: phx-name -[Sec 9-710 -Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-710_Hours){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-432, in part; Code 1999, § 9-710) - -<div> - -::: phx-name -[Sec 9-711 -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-711_Exceptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The following are exempt from the license requirements of this - article: - 1. Sale or delivery of newspapers, or any news gathering activity - performed by a news medium; - 2. Any regularly established business which uses vehicles from - which to sell in front of or in the vicinity of its own - permanent location; - 3. Bona fide auction sales; - 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; - 5. Trunk showings or temporary events by existing local merchants - outside of their existing locations; - 6. Wholesalers selling to dealers or existing established local - businesses; - 7. Solicitation of information for a legitimate citywide - distributed telephone directory or similar book; or - 8. 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. -2. 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. - -(Prior Code, §§ 6-19, 6-434, in part; Code 1999, § 9-711; Ord. No. 551, -4-1-1991) - -<div> - -::: phx-name -[Sec 9-712 Provisions -Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-712_Provisions_Cumulative){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-712) - -<div> - -::: phx-name -[Sec 9-713 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-713_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Any person violating any of the provisions of this article shall, upon -conviction thereof, be punished as provided in section 1-108. - -(Code 1999, § 9-713) - -<div> - -::: phx-name -[ARTICLE 9-7B CHARITABLE -SOLICITATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7B_CHARITABLE_SOLICITATIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-721 -Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-721_Definition){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-722 Regulation Of Charitable Solicitations -Campaign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-722_Regulation_Of_Charitable_Solicitations_Campaign){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-723 Boxes And -Receptacles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-723_Boxes_And_Receptacles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-724 Application For -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-724_Application_For_Permit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-725 Issuance Of Charitable Solicitations -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-725_Issuance_Of_Charitable_Solicitations_Permit){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-721 -Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-721_Definition){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -In addition to the definitions contained in section 9-701, the term -\"charitable solicitations campaign\" 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. - -(Code 1999, § 9-721; Ord. No. 551, 4-1-1991) - -<div> - -::: phx-name -[Sec 9-722 Regulation Of Charitable Solicitations -Campaign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-722_Regulation_Of_Charitable_Solicitations_Campaign){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 9-722; Ord. No. 551, 4-1-1991; Ord. No. 527(06), 2-6-2006) - -<div> - -::: phx-name -[Sec 9-723 Boxes And -Receptacles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-723_Boxes_And_Receptacles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-723; Ord. No. 551, 4-1-1991) - -<div> - -::: phx-name -[Sec 9-724 Application For -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-724_Application_For_Permit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. 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; -2. The names and addresses of the officers and person who will be - primarily in charge of conducting the solicitation campaign; -3. The purposes for which the gross receipts derived from such - solicitations or other activities are to be used; -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; -5. An outline of the methods to be used in conducting the charitable - solicitations campaign, including the duration of the campaign; -6. 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. - -(Code 1999, § 9-724; Ord. No. 551, 4-1-1991) - -<div> - -::: phx-name -[Sec 9-725 Issuance Of Charitable Solicitations -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-725_Issuance_Of_Charitable_Solicitations_Permit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-725; Ord. No. 551, 4-1-1991) - -<div> - -::: phx-name -[CHAPTER 9-8 -PAWNBROKERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-8_PAWNBROKERS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-801 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-801_License_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-802 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-802_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-803 -Forfeiture](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-803_Forfeiture){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-804 Bond -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-804_Bond_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-805 Registration Of Property Required, -Reports](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-805_Registration_Of_Property_Required,_Reports){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-806 Business -Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-806_Business_Hours){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-807 Entering Into Sales With Certain Persons -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-807_Entering_Into_Sales_With_Certain_Persons_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-808 Transactions With Minors -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-808_Transactions_With_Minors_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-809 Concealing Lost Property -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-809_Concealing_Lost_Property_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-810 Suspicious Circumstances To Prevent -Sale](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-810_Suspicious_Circumstances_To_Prevent_Sale){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-811 Soliciting Business On Streets -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-811_Soliciting_Business_On_Streets_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Oklahoma Pawnshop Act, 59 O.S. § 1501 et -seq.; municipal regulation of pawnshops, 59 O.S. § 1514.\ - -<div> - -::: phx-name -[Sec 9-801 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-801_License_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-206; Code 1999, § 9-801) - -<div> - -::: phx-name -[Sec 9-802 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-802_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -There is hereby levied a fee for the license required by this chapter, -per year. - -(Prior Code, § 6-207; Code 1999, § 9-802) - -<div> - -::: phx-name -[Sec 9-803 -Forfeiture](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-803_Forfeiture){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-208; Code 1999, § 9-803) - -<div> - -::: phx-name -[Sec 9-804 Bond -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-804_Bond_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 6-209; Code 1999, § 9-804) - -<div> - -::: phx-name -[Sec 9-805 Registration Of Property Required, -Reports](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-805_Registration_Of_Property_Required,_Reports){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Every pawnbroker shall keep at his place of business a register in - which he shall enter in writing the following: - 1. A minute description of all property taken, purchased or - received by him; - 2. Any number that may be in or upon any article; - 3. The time, name and place of residence (giving street and number - if within the city) of the person leaving the property; and - 4. The amount loaned, the interest charged and the time when the - loan falls due. -2. 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. -3. 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. -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. -5. 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. -6. 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: - 1. The name and address of the pawnshop; - 2. 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\'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\'s record; - 3. The transaction number for the buy or pawn transaction; - 4. The date and time of the transaction; - 5. The manufacturer of the item; - 6. A description of the item; and - 7. The serial number and model number, where available, and any - other identifying markings. -7. 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. -8. 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. - -(Prior Code, § 6-210; Code 1999, § 9-805) - -**State Law reference**--- Similar provisions, 59 O.S. § 1515. - -<div> - -::: phx-name -[Sec 9-806 Business -Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-806_Business_Hours){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-212; Code 1999, § 9-807; Ord. No. 342(01), 12-3-2001) - -<div> - -::: phx-name -[Sec 9-807 Entering Into Sales With Certain Persons -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-807_Entering_Into_Sales_With_Certain_Persons_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Any person under the influence of intoxicating liquors or drugs; -2. Any person who is a habitual user of drugs of any kind; or -3. Any person who has previously been convicted of petty larceny. - -(Prior Code, § 6-213; Code 1999, § 9-808) - -<div> - -::: phx-name -[Sec 9-808 Transactions With Minors -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-808_Transactions_With_Minors_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-214; Code 1999, § 9-809) - -<div> - -::: phx-name -[Sec 9-809 Concealing Lost Property -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-809_Concealing_Lost_Property_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-215; Code 1999, § 9-810) - -<div> - -::: phx-name -[Sec 9-810 Suspicious Circumstances To Prevent -Sale](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-810_Suspicious_Circumstances_To_Prevent_Sale){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 6-216; Code 1999, § 9-811) - -<div> - -::: phx-name -[Sec 9-811 Soliciting Business On Streets -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-811_Soliciting_Business_On_Streets_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-217; Code 1999, § 9-812) - -<div> - -::: phx-name -[CHAPTER 9-9 PRECIOUS METALS -DEALERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-9_PRECIOUS_METALS_DEALERS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-901 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-901_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-902 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-902_License_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-903 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-903_Application){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-904 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-904_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-905 Investigation, Issuance Or -Denial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-905_Investigation,_Issuance_Or_Denial){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-906 Transferability, -Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-906_Transferability,_Display){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-907 -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-907_Revocation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-908 Identification Of -Sellers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-908_Identification_Of_Sellers){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-909 Records -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-909_Records_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-910 Report Of Transactions To -Police](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-910_Report_Of_Transactions_To_Police){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-911 Right To Inspect -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-911_Right_To_Inspect_Records){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-912 Duty To Retain -Items](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-912_Duty_To_Retain_Items){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-913 Purchase From Minors -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-913_Purchase_From_Minors_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-914 Exemptions From Provisions Of -Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-914_Exemptions_From_Provisions_Of_Chapter){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Precious Metal and Gem Dealer Licensing Act, -59 O.S. § 1521 et seq.; municipal regulation of precious metals dealers, -59 O.S. § 1527.\ - -<div> - -::: phx-name -[Sec 9-901 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-901_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Precious metals* means any item containing in any degree, as part of -its composition, gold, silver, platinum or pewter. - -*Precious metal dealer* or *dealer* 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 -\"dealer\" 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. - -(Prior Code, § 6-251; Code 1999, § 9-901) - -<div> - -::: phx-name -[Sec 9-902 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-902_License_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-266; Code 1999, § 9-902) - -<div> - -::: phx-name -[Sec 9-903 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-903_Application){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. If the applicant is an individual, the full name, birthdate, - permanent residence address and telephone number; -2. 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; -3. 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\'s immediate supervisor; -4. Listing of any trade names or aliases used by the applicant for the - last five years; -5. 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; -6. Exact address or location of the place within the city where the - business of dealer will be carried on; -7. If the applicant\'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. - -(Prior Code, § 6-267; Code 1999, § 9-903) - -<div> - -::: phx-name -[Sec 9-904 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-904_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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. - -(Prior Code, § 6-268; Code 1999, § 9-904) - -<div> - -::: phx-name -[Sec 9-905 Investigation, Issuance Or -Denial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-905_Investigation,_Issuance_Or_Denial){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'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: - 1. The application contains a materially false or fraudulent - statement; and - 2. 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. -2. 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. - -(Prior Code, § 6-269; Code 1999, § 9-905) - -<div> - -::: phx-name -[Sec 9-906 Transferability, -Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-906_Transferability,_Display){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-270; Code 1999, § 9-906) - -<div> - -::: phx-name -[Sec 9-907 -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-907_Revocation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-271; Code 1999, § 9-907) - -<div> - -::: phx-name -[Sec 9-908 Identification Of -Sellers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-908_Identification_Of_Sellers){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s identity only by means of a -driver\'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. - -(Prior Code, § 6-252; Code 1999, § 9-908) - -<div> - -::: phx-name -[Sec 9-909 Records -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-909_Records_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. The date and time of the sale or trade; - 2. Name, address and age of the seller of the items; - 3. The number appearing on the seller\'s driver\'s license or other - governmental identification card; - 4. Physical description of the seller, including height, weight, - race and sex; - 5. 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 - 6. The amount paid for the articles by the dealer. -2. 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. - -(Prior Code, § 6-253; Code 1999, § 9-909) - -<div> - -::: phx-name -[Sec 9-910 Report Of Transactions To -Police](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-910_Report_Of_Transactions_To_Police){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Name of the dealer and name of the agent or employee dealing with - the seller; -2. Description of articles received by dealer, including any - identifying marks, numbers, names or initials; and -3. Name and address of the seller of each item. - -(Prior Code, § 6-254; Code 1999, § 9-910) - -<div> - -::: phx-name -[Sec 9-911 Right To Inspect -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-911_Right_To_Inspect_Records){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Any police officer of the city, or any law enforcement officer of the -county, state or federal government, during the dealer\'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. - -(Prior Code, § 6-255; Code 1999, § 9-911) - -<div> - -::: phx-name -[Sec 9-912 Duty To Retain -Items](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-912_Duty_To_Retain_Items){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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: - 1. Signature of the dealer or designee; - 2. Name, title and identification number of the police officer - placing the hold order; - 3. Name and address of the agency to which the police officer is - attached and the offense number; - 4. Complete description of the property to be held, including model - number, serial number and transaction number - 5. Name of agency reporting the property stolen or embezzled; - 6. Mailing address of the dealer where the property is held; - 7. Expiration date of the holding period. -3. 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\'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\'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\'s office. The district attorney\'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\'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. - -(Prior Code, § 6-256; Code 1999, § 9-912) - -**State Law reference**--- Similar provisions, 59 O.S. § 1531. - -<div> - -::: phx-name -[Sec 9-913 Purchase From Minors -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-913_Purchase_From_Minors_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-257; Code 1999, § 9-913) - -<div> - -::: phx-name -[Sec 9-914 Exemptions From Provisions Of -Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-914_Exemptions_From_Provisions_Of_Chapter){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 6-258; Code 1999, § 9-914) - -<div> - -::: phx-name -[CHAPTER 9-10 RECREATION CENTERS AND AMUSEMENT -DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-10_RECREATION_CENTERS_AND_AMUSEMENT_DEVICES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 9-10A FAMILY RECREATION -CENTERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10A_FAMILY_RECREATION_CENTERS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 9-10B COIN-OPERATED AMUSEMENT -DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10B_COIN-OPERATED_AMUSEMENT_DEVICES){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 9-10C AMUSEMENTS AND AMUSEMENT -PARKS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10C_AMUSEMENTS_AND_AMUSEMENT_PARKS){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 9-10A FAMILY RECREATION -CENTERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10A_FAMILY_RECREATION_CENTERS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1001 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1001_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1002 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1002_License_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1003 License -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1003_License_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1004 Zoning -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1004_Zoning_Restrictions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1005 -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1005_Regulations){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1006 Revocation Of -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1006_Revocation_Of_License){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1007 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1007_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-1001 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1001_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Game room* or *arcade* 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. - -*Recreation center* 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. - -(Code 1999, § 9-1001; Ord. No. 538, 11-19-1990) - -<div> - -::: phx-name -[Sec 9-1002 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1002_License_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1002; Ord. No. 538, 11-19-1990) - -<div> - -::: phx-name -[Sec 9-1003 License -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1003_License_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1003; Ord. No. 538, 11-19-1990) - -<div> - -::: phx-name -[Sec 9-1004 Zoning -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1004_Zoning_Restrictions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Recreation centers shall be operated only in such districts as are in -accordance with the city\'s zoning regulations, subject to the -provisions of this article. - -(Code 1999, § 9-1004; Ord. No. 538, 11-19-1990) - -<div> - -::: phx-name -[Sec 9-1005 -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1005_Regulations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -4. Sight-proof screening which adequately screens such business from - view of surrounding single-family residential areas or uses shall be - required. - -(Code 1999, § 9-1005; Ord. No. 538, 11-19-1990; Ord. No. 187(97), -4-21-1997) - -<div> - -::: phx-name -[Sec 9-1006 Revocation Of -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1006_Revocation_Of_License){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1006; Ord. No. 538, 11-19-1990) - -<div> - -::: phx-name -[Sec 9-1007 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1007_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A violation of this article is punishable as provided in section 1-108. - -(Code 1999, § 9-1007; Ord. No. 538, 11-19-1990) - -<div> - -::: phx-name -[ARTICLE 9-10B COIN-OPERATED AMUSEMENT -DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10B_COIN-OPERATED_AMUSEMENT_DEVICES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1011 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1011_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1012 License Fee For Coin-Operated -Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1012_License_Fee_For_Coin-Operated_Devices){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1013 Application For -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1013_Application_For_License){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1014 Display Of -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1014_Display_Of_License){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1015 Prohibited Devices Not -Legalized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1015_Prohibited_Devices_Not_Legalized){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1016 Gambling -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1016_Gambling_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1017 -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1017_Penalties){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Coin-operated amusement devices, 68 O.S. § -1501 et seq.\ - -<div> - -::: phx-name -[Sec 9-1011 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1011_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - *Coin-operated amusement device* 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.\ - *Coin-operated music device* 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.\ - *Coin-operated pool, billiard* or *snooker tables* are defined as - coin-operated amusement devices, in accordance with this section.\ - *Pool, billiard* or *snooker table* means any table specifically - manufactured for the purpose of playing pool, billiards or snooker, - if not coin-operated. -2. 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. - -(Prior Code, § 6-116, in part; Code 1999, § 9-1021) - -<div> - -::: phx-name -[Sec 9-1012 License Fee For Coin-Operated -Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1012_License_Fee_For_Coin-Operated_Devices){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, §§ 6-84, 6-117, in part; Code 1999, § 9-1022) - -<div> - -::: phx-name -[Sec 9-1013 Application For -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1013_Application_For_License){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1023) - -<div> - -::: phx-name -[Sec 9-1014 Display Of -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1014_Display_Of_License){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1024) - -<div> - -::: phx-name -[Sec 9-1015 Prohibited Devices Not -Legalized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1015_Prohibited_Devices_Not_Legalized){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s or -operator\'s inability to operate such device because of any law of the -state or city or for any other reason. - -(Code 1999, § 9-1025) - -<div> - -::: phx-name -[Sec 9-1016 Gambling -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1016_Gambling_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-118; Code 1999, § 9-1026) - -<div> - -::: phx-name -[Sec 9-1017 -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1017_Penalties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1027) - -<div> - -::: phx-name -[ARTICLE 9-10C AMUSEMENTS AND AMUSEMENT -PARKS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10C_AMUSEMENTS_AND_AMUSEMENT_PARKS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1021 Amusements Generally, -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1021_Amusements_Generally,_Fees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1022 Amusement -Park](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1022_Amusement_Park){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1023 Permit Or License Required, State Law -Compliance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1023_Permit_Or_License_Required,_State_Law_Compliance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1024 City Clerk To Issue, -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1024_City_Clerk_To_Issue,_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1025 Authorized Hours Of Business; -Fencing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1025_Authorized_Hours_Of_Business;_Fencing){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1026 Exemption From Other Occupational License -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1026_Exemption_From_Other_Occupational_License_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-1021 Amusements Generally, -Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1021_Amusements_Generally,_Fees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Bowling alley; -2. Circus; -3. 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; -4. Itinerant show, exhibition or entertainment of any kind which - charges admission (including all activities under its auspices); -5. Shooting gallery, skill or strength game or game of chance; -6. Skating rink; -7. Street fair or carnival; or -8. Wrestling matches, professional. - -(Prior Code, § 6-18, in part; Code 1999, § 9-1031) - -<div> - -::: phx-name -[Sec 9-1022 Amusement -Park](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1022_Amusement_Park){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-41; Code 1999, § 9-1032) - -<div> - -::: phx-name -[Sec 9-1023 Permit Or License Required, State Law -Compliance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1023_Permit_Or_License_Required,_State_Law_Compliance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-42; Code 1999, § 9-1033) - -<div> - -::: phx-name -[Sec 9-1024 City Clerk To Issue, -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1024_City_Clerk_To_Issue,_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior code, § 6-43; Code 1999, § 9-1034) - -<div> - -::: phx-name -[Sec 9-1025 Authorized Hours Of Business; -Fencing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1025_Authorized_Hours_Of_Business;_Fencing){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. An amusement park shall have a chainlink or sight-proof fence of at - least six feet in height entirely enclosing such amusement park. - -(Prior Code, § 6-44; Code 1999, § 9-1035) - -<div> - -::: phx-name -[Sec 9-1026 Exemption From Other Occupational License -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1026_Exemption_From_Other_Occupational_License_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 6-45; Code 1999, § 9-1036) - -<div> - -::: phx-name -[CHAPTER 9-11 WRECKERS AND TOWING -SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-11_WRECKERS_AND_TOWING_SERVICE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1101 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1101_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1102 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1102_License_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1103 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1103_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1104 License Revocation Or -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1104_License_Revocation_Or_Suspension){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1105 Vehicle -List](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1105_Vehicle_List){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1106 Storage -Yard](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1106_Storage_Yard){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1107 -Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1107_Parking){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1108 Rotation -Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1108_Rotation_Log){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1109 Removal From Rotation -Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1109_Removal_From_Rotation_Log){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1110 Required -Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1110_Required_Services){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1111 Required -Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1111_Required_Services){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1112 Removal From Department -Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1112_Removal_From_Department_Log){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Towing motor vehicles, 47 O.S. § 951 et seq.\ - -<div> - -::: phx-name -[Sec 9-1101 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1101_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Inspecting Officers* 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.\ - -*Rotation log* means the list of wrecker companies that have been -approved to provide wrecker services for the City in accordance with -this Chapter.*\ -* - -*Storage yard* 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.*\ -* - -*Towing service rotation agreement* 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.\ -\ - -*Wrecker and towing service* 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.\ - -(Prior Code, § 24-51; Code 1999, § 9-1201) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link -target="_blank" style="color:#0000EE"} on 8/3/2022\ -* -::: - -<div> - -::: phx-name -[Sec 9-1102 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1102_License_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -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.\ -\ - -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.\ -\ - -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.\ -\ - -(Code 1999, § 9-1202) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link -target="_blank" style="color:#0000EE"} on 8/3/2022\ -* -::: - -<div> - -::: phx-name -[Sec 9-1103 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1103_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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.\ - \ - -(Prior Code, § 24-53; Code 1999, § 9-1203) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link -target="_blank" style="color:#0000EE"} on 8/3/2022\ -* -::: - -<div> - -::: phx-name -[Sec 9-1104 License Revocation Or -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1104_License_Revocation_Or_Suspension){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\' - 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.\ - \ - -(Prior Code, § 24-54; Code 1999, § 9-1204) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link -target="_blank" style="color:#0000EE"} on 8/3/2022\ -* -::: - -<div> - -::: phx-name -[Sec 9-1105 Vehicle -List](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1105_Vehicle_List){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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.\ - \ - -(Prior Code, § 24-55; Code 1999, § 9-1205; Ord. No. 481(89), 4-17-1989) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link -target="_blank" style="color:#0000EE"} on 8/3/2022\ -* -::: - -<div> - -::: phx-name -[Sec 9-1106 Storage -Yard](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1106_Storage_Yard){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - \ - 1. 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; - 2. 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; - 3. 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; - 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; - 5. 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 - 6. 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. -2. 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.\ - \ - -(Code 1999, § 9-1206; Ord. No. 279(00), 5-1-2000) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link -target="_blank" style="color:#0000EE"} on 8/3/2022\ -* -::: - -<div> - -::: phx-name -[Sec 9-1107 -Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1107_Parking){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -It is unlawful for any wrecker to be parked or stored on public or -private property within an area zoned for residential use.\ - -(Code 1999, § 9-1207; Ord. No. 279(00), 5-1-2000; Ord. No. 669(10), -4-5-2010) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link -target="_blank" style="color:#0000EE"} on 8/3/2022\ -* -::: - -<div> - -::: phx-name -[Sec 9-1108 Rotation -Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1108_Rotation_Log){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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.\ -2. 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. -3. 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. - -(Code 1999, § 9-1208; Ord. No. 279(00), 5-1-2000) - -\ - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link -target="_blank" style="color:#0000EE"} on 8/3/2022\ -* -::: - -<div> - -::: phx-name -[Sec 9-1109 Removal From Rotation -Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1109_Removal_From_Rotation_Log){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\' 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.\ - \ - -(Code 1999, § 9-1209; Ord. No. 279(00), 5-1-2000) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link -target="_blank" style="color:#0000EE"} on 8/3/2022\ -* -::: - -<div> - -::: phx-name -[Sec 9-1110 Required -Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1110_Required_Services){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -It is unlawful for any wrecker service listed on the city\'s rotation -log to offer or provide free services for any individual employed by the -city in exchange for future considerations or services.\ -\ - -(Code 1999, § 9-1210; Ord. No. 279(00), 5-1-2000) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link -target="_blank" style="color:#0000EE"} on 8/3/2022\ -* -::: - -<div> - -::: phx-name -[Sec 9-1111 Required -Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1111_Required_Services){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -(Code 1999, § 9-1211; Ord. No. 279(00), 5-1-2000) - -<div> - -::: phx-name -[Sec 9-1112 Removal From Department -Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1112_Removal_From_Department_Log){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -(Code 1999, § 9-1212; Ord. No. 279(00), 5-1-2000) - -<div> - -::: phx-name -[CHAPTER 9-12 MASSAGE PARLORS AND HEALTH -SPAS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-12_MASSAGE_PARLORS_AND_HEALTH_SPAS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 9-12A -GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12A_GENERALLY){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 9-12B LICENSES AND -PERMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12B_LICENSES_AND_PERMITS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 9-12C OPERATING -REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12C_OPERATING_REQUIREMENTS){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Massage Therapy Practice Act, 59 O.S. § -4200.1 et seq.; local regulation of massage therapy preempted, 59 O.S. § -4200.10.\ - -<div> - -::: phx-name -[ARTICLE 9-12A -GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12A_GENERALLY){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1201 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1201_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1202 Inspections -Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1202_Inspections_Authorized){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1203 -Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1203_Exemptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1204 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1204_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-1201 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1201_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Employee* 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. - -*Licensee* 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. - -*Manager* means the person owning, controlling, conducting, operating or -managing a massage establishment, but shall not include the massage -therapist, as defined in this section. - -*Massage* 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 \"massage\" shall include seated massage. - -*Massage establishment* 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 \"massage\" provided in this section. - -*Massage therapist* means any person who, for any consideration -whatsoever, engages in the practice of massage as defined in this -section. - -*Off-site massage service* 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. - -*Patron* 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. - -*Person* means any individual, partnership, firm, association, joint -stock company, corporation or combination of individuals of whatever -form or character. - -*Seated massage* 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. - -*Sexual misconduct* 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. - -*Sexual or genital areas* means the genitals, pubic area, buttocks, -anus, or perineum of any person, or the vulva or breasts of a female. - -(Code 1999, § 9-1301; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1202 Inspections -Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1202_Inspections_Authorized){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1302; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1203 -Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1203_Exemptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Physicians, surgeons, chiropractors, osteopaths, or physical - therapists who are duly licensed to practice their respective - professions in the state; -2. Nurses who are registered under the laws of the state; -3. 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; -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\'s health benefit or wellness program when - offered to employees only, and only during the duration of the - employer sanctioned event; and -5. Students practicing internships at a state licensed massage school - under the direct supervision of a qualified instructor. - -(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) - -<div> - -::: phx-name -[Sec 9-1204 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1204_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1304; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[ARTICLE 9-12B LICENSES AND -PERMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12B_LICENSES_AND_PERMITS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[DIVISION 1 -GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_1_GENERALLY){.k-link -target="_blank" style="color:#0000EE"}\ -[DIVISION 2 MASSAGE ESTABLISHMENT -LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_2_MASSAGE_ESTABLISHMENT_LICENSE){.k-link -target="_blank" style="color:#0000EE"}\ -[DIVISION 3 MASSAGE THERAPIST -LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_3_MASSAGE_THERAPIST_LICENSE){.k-link -target="_blank" style="color:#0000EE"}\ -[DIVISION 4 OFF-SITE MASSAGE -LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_4_OFF-SITE_MASSAGE_LICENSE){.k-link -target="_blank" style="color:#0000EE"}\ -[DIVISION 5 SEATED MASSAGE -LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_5_SEATED_MASSAGE_LICENSE){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[DIVISION 1 -GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_1_GENERALLY){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1211 -Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1211_Term){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-1211 -Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1211_Term){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1311; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[DIVISION 2 MASSAGE ESTABLISHMENT -LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_2_MASSAGE_ESTABLISHMENT_LICENSE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1221 -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1221_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1222 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1222_Application){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1223 Inspection Of -Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1223_Inspection_Of_Premises){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1224 Facilities Necessary For -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1224_Facilities_Necessary_For_License){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1225 -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1225_Issuance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1226 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1226_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1227 Transfer -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1227_Transfer_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1228 Use Of False Names Or Improper -Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1228_Use_Of_False_Names_Or_Improper_Location){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1229 -Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1229_Display){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1230 Revocation Or -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1230_Revocation_Or_Suspension){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1231 -Appeal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1231_Appeal){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-1221 -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1221_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1312; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1222 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1222_Application){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. The type of ownership of the business (i.e., whether individual, - partnership, corporation, or otherwise); - 2. The name, style, and designation under which the business or - practice is to be conducted; - 3. The business address and all telephone numbers where the - business is to be conducted; - 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; - 5. 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: - 1. Name, complete residence address and residence telephone - numbers; - 2. The two previous addresses immediately prior to the present - address of the applicant; - 3. Written proof that the applicant is at least 18 years of - age; - 4. Height, weight, color of hair and eyes, and sex; - 5. 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; - 6. 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; - 7. All criminal convictions, except misdemeanor traffic - violations; and - 8. A complete set of fingerprints taken and to be retained on - file by the police chief or his authorized representatives; - 6. 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; - 7. 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; - 8. 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 - 9. 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. -2. 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: - 1. Two forms of state or federal issued identification, at least - one must have a picture of the applicant; - 2. 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. - -(Code 1999, § 9-1313; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1223 Inspection Of -Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1223_Inspection_Of_Premises){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s inspector shall make a report -thereof in writing, which shall be filed with and become a part of the -application. - -(Code 1999, § 9-1314; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1224 Facilities Necessary For -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1224_Facilities_Necessary_For_License){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. 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; - 2. 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; - 3. 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; - 4. A source of hot water must be available within the immediate - vicinity of dry and wet heat rooms to facilitate cleaning; - 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; - 6. 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; - 7. Toilet facilities shall be provided in convenient locations and - shall comply with all building and plumbing codes of the city; - 8. 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; - 9. All electrical equipment shall be installed in accordance with - the requirements of the city\'s electrical ordinances; and - 10. 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. -2. 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\'s license - and permit division. - -(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) - -<div> - -::: phx-name -[Sec 9-1225 -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1225_Issuance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -If the city\'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: - -1. 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. -2. The operation, as proposed by the applicant, if permitted, would not - comply with all applicable laws, including, but not limited to, the - city\'s building, zoning and health ordinances. -3. 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: - 1. An offense involving the use of force and violence upon the - person of another that amounts to a felony; - 2. An offense involving sexual misconduct as defined in section - 9-1201; or - 3. 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. -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. -5. 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. -6. 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 -7. The applicant\'s facility has not met the requirements of section - 9-1224. - -(Code 1999, § 9-1316; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1226 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1226_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1317; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1227 Transfer -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1227_Transfer_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A license for the operation of a massage establishment at a particular -location shall never be transferred. - -(Code 1999, § 9-1318; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1228 Use Of False Names Or Improper -Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1228_Use_Of_False_Names_Or_Improper_Location){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1319; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1229 -Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1229_Display){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Every person licensed under this division shall display such license in -a prominent place on the licensed premises. - -(Code 1999, § 9-1320; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1230 Revocation Or -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1230_Revocation_Or_Suspension){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\' 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. - -(Code 1999, § 9-1321; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1231 -Appeal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1231_Appeal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. An appeal shall stay any decision of the licensing officer which - would require the discontinuance of an existing licensed activity. -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. - -(Code 1999, § 9-1322; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[DIVISION 3 MASSAGE THERAPIST -LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_3_MASSAGE_THERAPIST_LICENSE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1241 -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1241_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1242 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1242_Application){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1243 Issuance -Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1243_Issuance_Standards){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1244 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1244_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1245 -Posting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1245_Posting){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1246 Revocation Or -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1246_Revocation_Or_Suspension){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-1241 -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1241_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.). - -(Code 1999, § 9-1331; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1242 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1242_Application){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. The business address and all telephone numbers where the massage - is to be practiced. - 2. The following personal information concerning the applicant: - 1. Name, complete residence address and residence telephone - numbers; - 2. The two previous addresses immediately prior to the present - address of the applicant; - 3. Height, weight, color of hair and eyes, and sex; - 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; - 5. 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; - 6. A complete set of fingerprints taken and to be retained on - file by the police chief or his authorized representatives; - and - 7. 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.). - 3. 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. - 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. - 5. 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. - 6. 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. -2. Along with the written application, the applicant shall provide to - the chief of police or his designee: - 1. Two forms of state or federal issued identification, at least - one must have a picture of the applicant; and - 2. 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. - -(Code 1999, § 9-1332; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[901(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346932_Ordinance%20No.%20901%20(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 3/4/2019\ -* -::: - -<div> - -::: phx-name -[Sec 9-1243 Issuance -Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1243_Issuance_Standards){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No license shall be issued pursuant to the provisions of this division -if: - -1. 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. -2. 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: - 1. An offense involving the use of force and violence upon the - person of another that amounts to a felony; - 2. An offense involving sexual misconduct as defined in section - 9-1201; or - 3. 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. -3. 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. -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. -5. The applicant is not at least 18 years of age. - -(Code 1999, § 9-1333; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1244 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1244_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1334; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1245 -Posting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1245_Posting){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Every massage therapist or manager shall post the permit required by -this division in his work area. - -(Code 1999, § 9-1335; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[Sec 9-1246 Revocation Or -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1246_Revocation_Or_Suspension){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1336; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), -9-6-2011) - -<div> - -::: phx-name -[DIVISION 4 OFF-SITE MASSAGE -LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_4_OFF-SITE_MASSAGE_LICENSE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1251 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1251_License_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1252 Requirements Necessary For A -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1252_Requirements_Necessary_For_A_License){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1253 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1253_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-1251 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1251_License_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1341; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1252 Requirements Necessary For A -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1252_Requirements_Necessary_For_A_License){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No license to conduct off-site services shall be issued unless the -following requirements are met: - -1. The applicant must have a valid massage therapist license issued by - the city; -2. 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; -3. The applicant shall have adequate means of disinfecting hands prior - to administering a massage; -4. The applicant shall have adequate means of separating linens from - any chemicals, oils, or other wet items; and -5. 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. - -(Code 1999, § 9-1342; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1253 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1253_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1343; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[DIVISION 5 SEATED MASSAGE -LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_5_SEATED_MASSAGE_LICENSE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1261 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1261_License_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1262 Requirements Necessary For A -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1262_Requirements_Necessary_For_A_License){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-1261 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1261_License_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1351; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1262 Requirements Necessary For A -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1262_Requirements_Necessary_For_A_License){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Seated massage, as defined in section 9-1201 may be performed at a -massage establishment or off-site, provided it meets the following -conditions: - -1. Seated massage shall only be offered at a commercial or industrial - place of business and only for employees and/or patrons of that - business. -2. Seated massage shall be offered in a public area only, to which all - patrons or employees are provided free access. -3. 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. - -(Code 1999, § 9-1352; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[ARTICLE 9-12C OPERATING -REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12C_OPERATING_REQUIREMENTS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1271 Sanitation -Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1271_Sanitation_Generally){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1272 Posting Of -Prices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1272_Posting_Of_Prices){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1273 Employee -Register](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1273_Employee_Register){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1274 Records -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1274_Records_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1275 Employment Of Massage -Therapists](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1275_Employment_Of_Massage_Therapists){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1276 Contagious -Diseases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1276_Contagious_Diseases){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1277 Required -Dress](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1277_Required_Dress){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1278 Sheets And -Towels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1278_Sheets_And_Towels){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1279 Operating -Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1279_Operating_Hours){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1280 -Advertising](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1280_Advertising){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1281 Persons Under 18 Prohibited On -Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1281_Persons_Under_18_Prohibited_On_Premises){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1282 Alcoholic Beverages And Low-Point -Beer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1282_Alcoholic_Beverages_And_Low-Point_Beer){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1283 Indecent -Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1283_Indecent_Conduct){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1284 Requirements For Cubicles, Booths, -Etc.](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1284_Requirements_For_Cubicles,_Booths,_Etc.){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1285 Treatment Of Diseased -Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1285_Treatment_Of_Diseased_Persons){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-1271 Sanitation -Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1271_Sanitation_Generally){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Every place where a massage is being conducted, including appliances and -apparatus, shall be kept clean and operated in a sanitary condition. - -(Code 1999, § 9-1361; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1272 Posting Of -Prices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1272_Posting_Of_Prices){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Price rates for massage services, including seated massage and off-site -services, shall be prominently displayed in a location available to all -prospective customers. - -(Code 1999, § 9-1362; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1273 Employee -Register](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1273_Employee_Register){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1363; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1274 Records -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1274_Records_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1364; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1275 Employment Of Massage -Therapists](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1275_Employment_Of_Massage_Therapists){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1365; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1276 Contagious -Diseases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1276_Contagious_Diseases){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1366; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1277 Required -Dress](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1277_Required_Dress){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1367; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1278 Sheets And -Towels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1278_Sheets_And_Towels){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1368; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1279 Operating -Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1279_Operating_Hours){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1369; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1280 -Advertising](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1280_Advertising){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1370; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1281 Persons Under 18 Prohibited On -Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1281_Persons_Under_18_Prohibited_On_Premises){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1371; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1282 Alcoholic Beverages And Low-Point -Beer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1282_Alcoholic_Beverages_And_Low-Point_Beer){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1372; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1283 Indecent -Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1283_Indecent_Conduct){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. - -(Code 1999, § 9-1373; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1284 Requirements For Cubicles, Booths, -Etc.](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1284_Requirements_For_Cubicles,_Booths,_Etc.){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1374; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[Sec 9-1285 Treatment Of Diseased -Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1285_Treatment_Of_Diseased_Persons){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No person affected with any contagious disease or with any disease of -the skin shall be treated with a massage. - -(Code 1999, § 9-1375; Ord. No. 704(11), 9-6-2011) - -<div> - -::: phx-name -[CHAPTER 9-13 -PENALTIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-13_PENALTIES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1301 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1301_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-1301 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1301_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1501) - -<div> - -::: phx-name -[CHAPTER 9-14 TATTOOING, BODY PIERCING AND MEDICAL -MICROPIGMENTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-14_TATTOOING,_BODY_PIERCING_AND_MEDICAL_MICROPIGMENTATION){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 9-14A TATTOOING, BODY PIERCING, MEDICAL -MICROPIGMENTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14A_TATTOOING,_BODY_PIERCING,_MEDICAL_MICROPIGMENTATION){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 9-14B LICENSES AND -PERMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14B_LICENSES_AND_PERMITS){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Body piercing and tattooing, 21 O.S. § 842.1 -et seq.; local regulation of body piercing and tattooing, 21 O.S. § -842.3.\ - -<div> - -::: phx-name -[ARTICLE 9-14A TATTOOING, BODY PIERCING, MEDICAL -MICROPIGMENTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14A_TATTOOING,_BODY_PIERCING,_MEDICAL_MICROPIGMENTATION){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1401 Tattooing, Body Piercing, Medical -Micropigmentation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1401_Tattooing,_Body_Piercing,_Medical_Micropigmentation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1402 -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1402_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-1401 Tattooing, Body Piercing, Medical -Micropigmentation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1401_Tattooing,_Body_Piercing,_Medical_Micropigmentation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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:\ - *Apprentice* 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 \"apprentice\" 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.\ - *Artist* means the person who actually performs the body piercing or - tattooing procedure.\ - *Body piercing* 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.\ - *Body piercing operator* 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.\ - *Tattoo operator* 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.\ - *Tattooing* 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. -4. This chapter shall not apply to any act of a licensed practitioner - of the healing arts performed in the course of such practitioner\'s - practice of the practitioner. - -(Code 1999, § 9-1600; Ord. No. 555(06), 9-18-2006) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[914(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287986_Ordinance%20914(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/3/2019\ -* -::: - -<div> - -::: phx-name -[Sec 9-1402 -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1402_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - 1. 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. - 2. 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:\ - \ - *Church* means an establishment, other than a private dwelling, - where religious services are usually conducted\ - \ - *Playground* means a place, other than grounds at a private - dwelling, that is provided by the public or members of a - community for recreation.\ - *\ - School* means an establishment, other than a private dwelling, - where the usual processes of education are usually conducted.\ - -(Code 1999, § 9-1601; Ord. No. 555(06), 9-18-2006) - -<div> - -::: phx-name -[ARTICLE 9-14B LICENSES AND -PERMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14B_LICENSES_AND_PERMITS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1411 -Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1411_Term){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1412 -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1412_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1413 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1413_Application){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1414 -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1414_Issuance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1415 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1415_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1416 Transfer -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1416_Transfer_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1417 Use Of False Names Or Improper -Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1417_Use_Of_False_Names_Or_Improper_Location){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1418 -Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1418_Display){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1419 Revocation Or -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1419_Revocation_Or_Suspension){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1420 -Appeal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1420_Appeal){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 9-1411 -Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1411_Term){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1602; Ord. No. 555(06), 9-18-2006) - -<div> - -::: phx-name -[Sec 9-1412 -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1412_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1603; Ord. No. 555(06), 9-18-2006) - -<div> - -::: phx-name -[Sec 9-1413 -Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1413_Application){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. A state department of health license issued in the appropriate - category; -2. The type of ownership of the business (i.e., whether individual, - partnership, corporation, or otherwise); -3. The name, style, and designation under which the business or - practice is to be conducted; -4. The business address and all telephone numbers where the business is - to be conducted; -5. 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; -6. 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: - 1. Name, complete residence address and residence telephone - numbers; - 2. The two previous addresses immediately prior to the present - address of the applicant; - 3. Written proof that the applicant is at least 18 years of age; - 4. Height, weight, color of hair and eyes, and sex; - 5. 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; - 6. All criminal convictions, except misdemeanor traffic violations; - and - 7. A complete set of fingerprints taken and to be retained on file - by the police chief or his authorized representatives; -7. 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; -8. 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. - -(Code 1999, § 9-1604; Ord. No. 555(06), 9-18-2006) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[914(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287986_Ordinance%20914(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/3/2019\ -* -::: - -<div> - -::: phx-name -[Sec 9-1414 -Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1414_Issuance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -If the city\'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: - -1. 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. -2. The operation, as proposed by the applicant, if permitted, would not - comply with all applicable laws, including, but not limited to, the - city\'s building, zoning and health ordinances. -3. The applicant has knowingly made any false, misleading, or - fraudulent statement of fact in the application or in any document - therewith. -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. - -(Code 1999, § 9-1605; Ord. No. 555(06), 9-18-2006) - -<div> - -::: phx-name -[Sec 9-1415 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1415_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1606; Ord. No. 555(06), 9-18-2006) - -<div> - -::: phx-name -[Sec 9-1416 Transfer -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1416_Transfer_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A license for the operation of a tattoo or body piercing establishment -at a particular location shall never be transferred. - -(Code 1999, § 9-1607; Ord. No. 555(06), 9-18-2006) - -<div> - -::: phx-name -[Sec 9-1417 Use Of False Names Or Improper -Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1417_Use_Of_False_Names_Or_Improper_Location){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 9-1608; Ord. No. 555(06), 9-18-2006) - -<div> - -::: phx-name -[Sec 9-1418 -Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1418_Display){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Every person licensed under this article shall display such license in a -prominent place on the licensed premises. - -(Code 1999, § 9-1609; Ord. No. 555(06), 9-18-2006) - -<div> - -::: phx-name -[Sec 9-1419 Revocation Or -Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1419_Revocation_Or_Suspension){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\' 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\'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. - -(Code 1999, § 9-1610; Ord. No. 555(06), 9-18-2006) - -<div> - -::: phx-name -[Sec 9-1420 -Appeal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1420_Appeal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. An appeal shall stay any decision of the licensing officer which - would require the discontinuance of an existing licensed activity. -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. - -(Code 1999, § 9-1611; Ord. No. 555(06), 9-18-2006) - -<div> - -::: phx-name -[CHAPTER 9-15 HOME -OCCUPATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-15_HOME_OCCUPATIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 9-1501 Purpose And -Intent](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1501_Purpose_And_Intent){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1502 Home -Occupations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1502_Home_Occupations){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1503 Applicability And -Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1503_Applicability_And_Exemptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 9-1504 Action Regarding Complaints And Violation Of -Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1504_Action_Regarding_Complaints_And_Violation_Of_Standards){.k-link -target="_blank" style="color:#0000EE"}\ - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/7/2021\ -* -::: - -<div> - -::: phx-name -[Sec 9-1501 Purpose And -Intent](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1501_Purpose_And_Intent){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Protect residential areas from potential adverse impact of - activities defined as home occupations. -2. Establish measurable and comprehensive criteria and standards for - the use of residential structures for home occupations. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/7/2021\ -* -::: - -<div> - -::: phx-name -[Sec 9-1502 Home -Occupations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1502_Home_Occupations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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:\ - -1. Home occupations shall exhibit no evidence that a business is being - conducted from the premises. A home occupation shall not permit: - 1. Outside volunteers or employees to be engaged in the business - activity other than the persons principally residing on the - premises; - 2. Exterior signage which identifies the property as a business - location. -2. 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. -3. All on-site activities of the home occupation(s) shall be conducted - indoors; no outside storage is allowed. -4. The following activities are examples of permitted home occupations: - 1. Dressmaking, seamstresses, tailors; - 2. Artists and sculptors; - 3. Resident owned and operated beauty and/or barbershops (limited - to one chair); - 4. Tutoring limited to two students at a time; - 5. Home crafts, such as model making, rug weaving, and lapidary - work; - 6. Office facility of a minister, rabbi, or priest; - 7. Office facility of a salesman, sales representative or - manufacture\'s representative; - 8. Office facility of a professional; - 9. Repair shop for small (less than 1.5 cubic feet) household - items; - 10. Telephone answering or soliciting; - 11. Computer programming and small scale repair; - 12. Home cooking and preserving; - 13. Music and arts instruction (limited to two students at a time); - 14. Massage therapist; - 15. Typing/word processing service; - 16. Personal training (no more than two persons in a group); and - 17. Pet grooming (limited to two pets at a time).\ - \ - Additional uses may be allowed which meet the intent of this - chapter, if not specifically prohibited by subsection E below. -5. The following activities shall be prohibited as home occupations: - 1. Repair, building or servicing of vehicles; - 2. Antique shop; - 3. Gift shop; - 4. Veterinary clinic or hospital; - 5. Painting of vehicles, trailers or boats; - 6. Large appliance repair (including stoves, refrigerators, washers - and dryers); - 7. Upholstering; - 8. Cabinet and woodworking shops; - 9. Machine and sheet metal shops; - 10. Martial arts or dance/aerobics studio; - 11. Small engine repair and any use which may include hazardous - chemicals; - 12. Dispensing of medical drugs or other items which may be - potentially hazardous to the surrounding area; - 13. Parking and storage of heavy equipment; - 14. 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; - 15. Retail sales; - 16. Mortuaries; - 17. Dancing studios, exercise studios; - 18. Private clubs; - 19. Restaurants; and - 20. Medical marijuana sales, production, and collective gardens. -6. Sales shall be limited to mail order and telephone sales, with - off-site delivery. No on-site retail sales are permitted. -7. Services to patrons shall be arranged by appointment or provided off - site. -8. The home occupation(s) shall not use electrical or mechanical - equipment that results in: - 1. A change to the fire rating of the structure(s) used for the - home occupation(s); - 2. Visual or audible interference in radio or television receivers, - or electronic equipment located off premises; or - 3. Fluctuations in line voltage off premises. -9. 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. -10. 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. -11. 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. -12. The home occupation shall not include the remodeling of the exterior - of the dwelling or the accessory structure that changes the - residential character. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/7/2021\ -* -::: - -<div> - -::: phx-name -[Sec 9-1503 Applicability And -Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1503_Applicability_And_Exemptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. Home occupation regulations shall not apply to: - 1. Conducting of occasional \"host\" parties where goods, such as - cosmetic supplies, are sampled or displayed; - 2. Paperwork and similar activities performed by residents, who may - have a primary office elsewhere and when no additional traffic - is generated; - 3. Services or activities that are not performed at the residence, - such as newspaper delivery, and babysitting; - 4. Garage sales, subject to the requirements of the City of Moore; - 5. Hobbies that do not result in payment to those engaged in such - activity; and -3. A maximum of one home occupation may be conducted on a property. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/7/2021\ -* -::: - -<div> - -::: phx-name -[Sec 9-1504 Action Regarding Complaints And Violation Of -Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1504_Action_Regarding_Complaints_And_Violation_Of_Standards){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. Generation of excessive traffic; - 2. Exclusive use of on-street parking spaces; or - 3. Other offensive activities not compatible with a residential - neighborhood. -2. 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\'s decision. -3. 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. -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. -5. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/7/2021\ -* -::: - -<div> - -::: {.phx-name .phx-break} -[PART 10 OFFENSES AND -CRIMES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_10_OFFENSES_AND_CRIMES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 10-1 GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-1_GENERAL_PROVISIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 10-2 OFFENSES AGAINST -PERSONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-2_OFFENSES_AGAINST_PERSONS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 10-3 OFFENSES AGAINST -PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-3_OFFENSES_AGAINST_PROPERTY){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 10-4 OFFENSES AGAINST PUBLIC -PEACE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-4_OFFENSES_AGAINST_PUBLIC_PEACE){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 10-5 OFFENSES AGAINST THE -PUBLIC](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-5_OFFENSES_AGAINST_THE_PUBLIC){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 10-6 OFFENSES AGAINST PUBLIC -AUTHORITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-6_OFFENSES_AGAINST_PUBLIC_AUTHORITY){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 10-7 GANG-RELATED -ACTIVITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-7_GANG-RELATED_ACTIVITIES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 10-8 JUVENILE -OFFENSES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-8_JUVENILE_OFFENSES){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[CHAPTER 10-1 GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-1_GENERAL_PROVISIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 10-101 Attempts To Commit An -Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-101_Attempts_To_Commit_An_Offense){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-102 Aiding In An -Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-102_Aiding_In_An_Offense){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-103 \"Offense\" -Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-103_%22Offense%22_Defined){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-104 \"Violation\" -Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-104_%22Violation%22_Defined){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-105 Penalty Not To Excuse -Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-105_Penalty_Not_To_Excuse_Offense){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-106 Capacity To Commit -Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-106_Capacity_To_Commit_Offense){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-107 Intoxication, No -Defense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-107_Intoxication,_No_Defense){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-108 Witness, -Self-Incrimination](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-108_Witness,_Self-Incrimination){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-109 -Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-109_Nuisances){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-110 -Conspiracy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-110_Conspiracy){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-111 Limitations Of -Actions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-111_Limitations_Of_Actions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-112 Lawful Use Of -Force](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-112_Lawful_Use_Of_Force){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 10-101 Attempts To Commit An -Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-101_Attempts_To_Commit_An_Offense){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 16-1; Code 1999, § 10-101) - -**State Law reference**--- Attempts to commit crimes, 21 O.S. § 41 et -seq. - -<div> - -::: phx-name -[Sec 10-102 Aiding In An -Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-102_Aiding_In_An_Offense){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 16-2; Code 1999, § 10-102) - -<div> - -::: phx-name -[Sec 10-103 \"Offense\" -Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-103_%22Offense%22_Defined){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The term \"offense,\" 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. - -(Code 1999, § 10-103) - -<div> - -::: phx-name -[Sec 10-104 \"Violation\" -Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-104_%22Violation%22_Defined){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-104) - -<div> - -::: phx-name -[Sec 10-105 Penalty Not To Excuse -Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-105_Penalty_Not_To_Excuse_Offense){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-105) - -<div> - -::: phx-name -[Sec 10-106 Capacity To Commit -Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-106_Capacity_To_Commit_Offense){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -All persons are capable of committing an offense as herein provided, -except those belonging to the classes following: - -1. Children under the age of seven years; -2. 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; -3. 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; -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; -5. 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; -6. Persons who committed the act charged without being conscious - thereof; and -7. Persons who committed the act, or made the omission charged, while - under involuntary subjection to the power of superiors. - -(Code 1999, § 10-106) - -**State Law reference**--- Similar provisions, 21 O.S. § 152. - -<div> - -::: phx-name -[Sec 10-107 Intoxication, No -Defense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-107_Intoxication,_No_Defense){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-107) - -**State Law reference**--- Similar provisions, 21 O.S. § 153. - -<div> - -::: phx-name -[Sec 10-108 Witness, -Self-Incrimination](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-108_Witness,_Self-Incrimination){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-108) - -<div> - -::: phx-name -[Sec 10-109 -Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-109_Nuisances){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-109) - -**State Law reference**--- Nuisances, 21 O.S. § 1 et seq. - -<div> - -::: phx-name -[Sec 10-110 -Conspiracy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-110_Conspiracy){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-110) - -**State Law reference**--- Conspiracy, 21 O.S. § 421 et seq. - -<div> - -::: phx-name -[Sec 10-111 Limitations Of -Actions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-111_Limitations_Of_Actions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-111) - -<div> - -::: phx-name -[Sec 10-112 Lawful Use Of -Force](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-112_Lawful_Use_Of_Force){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. 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; - 2. 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; - 3. 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; - 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; - 5. 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; - 6. 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; - 7. In preventing or interrupting an intrusion upon the lawful - possession of property; and - 8. To preserve the peace or prevent the commission of an offense. -2. Where force is permitted to effect a lawful purpose only that degree - of force necessary to effect such purpose shall be used. - -(Code 1999, § 10-112) - -**State Law reference**--- Similar provisions, 21 O.S. § 643. - -<div> - -::: phx-name -[CHAPTER 10-2 OFFENSES AGAINST -PERSONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-2_OFFENSES_AGAINST_PERSONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 10-201 Assault And -Battery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-201_Assault_And_Battery){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-202 \"Assault\" -Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-202_%22Assault%22_Defined){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-203 \"Battery\" -Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-203_%22Battery%22_Defined){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-204 Reckless -Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-204_Reckless_Conduct){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 10-201 Assault And -Battery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-201_Assault_And_Battery){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No person shall commit an assault or battery, or both, upon the person -of another. - -(Prior Code, § 16-76; Code 1999, § 10-201) - -**State Law reference**--- Assault and battery generally, 21 O.S. § 641 -et seq.; city\'s power to prevent, 11 O.S. § 22-110. - -<div> - -::: phx-name -[Sec 10-202 \"Assault\" -Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-202_%22Assault%22_Defined){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -An assault is any willful and unlawful attempt or offer with force or -violence to do corporal hurt to another. - -(Prior Code, § 16-76; Code 1999, § 10-202) - -**State Law reference**--- Similar provisions, 21 O.S. § 641. - -<div> - -::: phx-name -[Sec 10-203 \"Battery\" -Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-203_%22Battery%22_Defined){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A battery is any willful and unlawful use of force or violence upon the -person of another. - -(Prior Code, § 16-76; Code 1999, § 10-203) - -**State Law reference**--- Similar provisions, 21 O.S. § 642. - -<div> - -::: phx-name -[Sec 10-204 Reckless -Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-204_Reckless_Conduct){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. It is unlawful for any person to endanger another\'s safety by - reckless conduct in the operation or handling of any weapon or - instrument, including a pistol, revolver or other firearm. - -(Prior Code, § 16-77; Code 1999, § 10-204) - -**State Law reference**--- Similar provisions, 21 O.S. § 1289.11. - -<div> - -::: phx-name -[CHAPTER 10-3 OFFENSES AGAINST -PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-3_OFFENSES_AGAINST_PROPERTY){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 10-301 Petit Larceny, And Larceny Of Lost -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-301_Petit_Larceny,_And_Larceny_Of_Lost_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-302 Larceny By False -Pretense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-302_Larceny_By_False_Pretense){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-303 Altering -Keys](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-303_Altering_Keys){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-304 Possession Of Stolen -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-304_Possession_Of_Stolen_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-305 Defrauding Public Accommodations; Proof; -Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-305_Defrauding_Public_Accommodations;_Proof;_Exception){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-306 Concealing Unpurchased Merchandise, Merchant\'s Authority To -Detain](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-306_Concealing_Unpurchased_Merchandise,_Merchant's_Authority_To_Detain){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-307 Failure To Pay Fare For Public -Conveyance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-307_Failure_To_Pay_Fare_For_Public_Conveyance){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-308 False Or Bogus -Checks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-308_False_Or_Bogus_Checks){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-309 Harmful -Deception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-309_Harmful_Deception){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-310 Defacing Building, Damaging -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-310_Defacing_Building,_Damaging_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-311 Removing Or Breaking Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-311_Removing_Or_Breaking_Private_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-312 Damaging Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-312_Damaging_Private_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-313 Public Works Under -Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-313_Public_Works_Under_Construction){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-314 Damaging Or Tampering With Motor -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-314_Damaging_Or_Tampering_With_Motor_Vehicle){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-315 Tampering With Or Damaging Of -Utilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-315_Tampering_With_Or_Damaging_Of_Utilities){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-316 Destroying Trees And -Shrubbery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-316_Destroying_Trees_And_Shrubbery){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-317 Trespassing Prohibited, Notice, -Soliciting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-317_Trespassing_Prohibited,_Notice,_Soliciting){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-318 Congregating, Parking On-Premises After -Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-318_Congregating,_Parking_On-Premises_After_Hours){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-319 Unlawful Intrusion On -Land](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-319_Unlawful_Intrusion_On_Land){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-320 Throwing Or Shooting At Persons Or -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-320_Throwing_Or_Shooting_At_Persons_Or_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-321 Throwing Out Lighted Substances Or Debris -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-321_Throwing_Out_Lighted_Substances_Or_Debris_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-322 Littering, Deposits -Unlawful](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-322_Littering,_Deposits_Unlawful){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-323 Posting Advertising, Other Matter On Building Of -Another](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-323_Posting_Advertising,_Other_Matter_On_Building_Of_Another){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-324 Posting Advertising, Other Matter On Utility Poles Or On Or -Over Streets And -Sidewalks](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){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-325 False -Weights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-325_False_Weights){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-326 Electric Fences -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-326_Electric_Fences_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-327 Unlawful Use Of Another\'s Garbage Or Refuse -Container](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-327_Unlawful_Use_Of_Another's_Garbage_Or_Refuse_Container){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-328 Fireworks Prohibited; -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-328_Fireworks_Prohibited;_Exceptions){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 10-301 Petit Larceny, And Larceny Of Lost -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-301_Petit_Larceny,_And_Larceny_Of_Lost_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, §§ 16-91, 16-93; Code 1999, § 10-301) - -**State Law reference**--- Larceny, 21 O.S. § 1701 et seq.; -embezzlement, 21 O.S. § 1451 et seq. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[778(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324940_Ordinance%20No.%20778%20(14).pdf){.k-link -target="_blank" style="color:#0000EE"} on 7/7/2014\ -* -::: - -<div> - -::: phx-name -[Sec 10-302 Larceny By False -Pretense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-302_Larceny_By_False_Pretense){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, §§ 16-105, 16-107, in part; Code 1999, § 10-302) - -**State Law reference**--- False pretenses, 21 O.S. § 1541.1 et seq. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[791(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325523_Ordinance%20No.%20791%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/1/2015\ -* -::: - -<div> - -::: phx-name -[Sec 10-303 Altering -Keys](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-303_Altering_Keys){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-303) - -<div> - -::: phx-name -[Sec 10-304 Possession Of Stolen -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-304_Possession_Of_Stolen_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 16-97; Code 1999, § 10-304) - -**State Law reference**--- Receiving stolen property, 21 O.S. § 1713. - -<div> - -::: phx-name -[Sec 10-305 Defrauding Public Accommodations; Proof; -Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-305_Defrauding_Public_Accommodations;_Proof;_Exception){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. - -(Prior Code, § 16-105; Code 1999, § 10-305) - -**State Law reference**--- Similar provisions, 21 O.S. § 1503. - -<div> - -::: phx-name -[Sec 10-306 Concealing Unpurchased Merchandise, Merchant\'s Authority To -Detain](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-306_Concealing_Unpurchased_Merchandise,_Merchant's_Authority_To_Detain){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 16-96; Code 1999, § 10-306) - -<div> - -::: phx-name -[Sec 10-307 Failure To Pay Fare For Public -Conveyance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-307_Failure_To_Pay_Fare_For_Public_Conveyance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-307; Ord. No. 518, 4-2-1990) - -<div> - -::: phx-name -[Sec 10-308 False Or Bogus -Checks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-308_False_Or_Bogus_Checks){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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 \"false or bogus check\" 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. - -(Prior Code, §§ 16-92, 16-106, in part; Code 1999, § 10-308; Ord. No. -683(10), 11-15-2010) - -**State Law reference**--- Bad checks, 21 O.S. § 1541.1 et seq. - -<div> - -::: phx-name -[Sec 10-309 Harmful -Deception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-309_Harmful_Deception){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 16-33; Code 1999, § 10-309) - -<div> - -::: phx-name -[Sec 10-310 Defacing Building, Damaging -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-310_Defacing_Building,_Damaging_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. No person shall: - 1. Destroy, injure, deface, damage or molest any structure, - building, work or other property, real or personal, belonging to - another; - 2. Use such property wrongfully to the detriment of the owner or - other person entitled to its use; or - 3. Interfere wrongfully with the use of any such property by its - owner or any other person entitled to its use. -3. This section applies only if the loss is less than \$1,000.00 or - such greater amount constituting a misdemeanor under state law. - -(Prior Code, § 16-99; Code 1999, § 10-310) - -**State Law reference**--- Destroying property generally, 21 O.S. § -1760. - -<div> - -::: phx-name -[Sec 10-311 Removing Or Breaking Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-311_Removing_Or_Breaking_Private_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-311) - -**State Law reference**--- Destroying property generally, 21 O.S. § -1760. - -<div> - -::: phx-name -[Sec 10-312 Damaging Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-312_Damaging_Private_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-312) - -**State Law reference**--- Destroying property generally, 21 O.S. § -1760. - -<div> - -::: phx-name -[Sec 10-313 Public Works Under -Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-313_Public_Works_Under_Construction){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 10-313) - -**State Law reference**--- Destroying property generally, 21 O.S. § -1760. - -<div> - -::: phx-name -[Sec 10-314 Damaging Or Tampering With Motor -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-314_Damaging_Or_Tampering_With_Motor_Vehicle){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 16-98; Code 1999, § 10-314) - -**State Law reference**--- Damaging motor vehicles, 21 O.S. §§ 1787, -1788. - -<div> - -::: phx-name -[Sec 10-315 Tampering With Or Damaging Of -Utilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-315_Tampering_With_Or_Damaging_Of_Utilities){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -4. No person shall in any manner whatsoever: - 1. 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; - 2. 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 - 3. 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. -5. 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. - -(Prior Code, § 16-102; Code 1999, § 10-315) - -<div> - -::: phx-name -[Sec 10-316 Destroying Trees And -Shrubbery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-316_Destroying_Trees_And_Shrubbery){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. This section applies only if the loss is less than \$1,000.00 or - such greater amount constituting a misdemeanor under state law. - -(Code 1999, § 10-316) - -**State Law reference**--- Destroying property generally, 21 O.S. § -1760. - -<div> - -::: phx-name -[Sec 10-317 Trespassing Prohibited, Notice, -Soliciting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-317_Trespassing_Prohibited,_Notice,_Soliciting){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. It is unlawful and an offense for any person to commit a trespass - within the city upon either public or private property. -2. 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. -3. Any of the following acts by any person shall be deemed a violation - of this section: - 1. The doing of an injury or misfeasance to the person of another; - 2. The doing of any injury or misfeasance to the property of - another when done with force and violence, either actual or - implied; - 3. 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\'s or occupant\'s - consent, express or implied; - 4. An entry upon the premises, or any part thereof, of another in - violation of a notice exhibited thereon prohibiting entry at - specified times; - 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; - 6. An entry upon any public property, including parks or parking - areas, in violation of a notice exhibited there prohibiting - entry at specified times; - 7. An entry upon any public property in violation of any notice, - warning or protest given orally or in writing by a city - official; - 8. 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; - 9. 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; - 10. 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 - 11. 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. -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: - 1. The notice shall be plainly posted in a place conspicuous to - those who would enter the property; - 2. The notice shall be legible so as to afford reasonable warning - prior to the commission of a trespass; and - 3. 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. - -(Code 1999, § 10-317; Ord. No. 501, 12-18-1989, in part) - -**State Law reference**--- Trespass, 21 O.S. § 1835 et seq. - -<div> - -::: phx-name -[Sec 10-318 Congregating, Parking On-Premises After -Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-318_Congregating,_Parking_On-Premises_After_Hours){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -4. When used in this section, the term \"after business hours\" 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 \"after business hours\" - applies to places of business which are vacant or permanently or - temporarily closed or otherwise unoccupied. The term \"place of - business\" 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)). -5. 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. -6. 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. -7. 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. -8. 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. -9. The provisions of this section are cumulative of other applicable - offenses enacted in this Code or state law. - -(Code 1999, § 10-318; Ord. No. 456, 8-1-1988) - -<div> - -::: phx-name -[Sec 10-319 Unlawful Intrusion On -Land](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-319_Unlawful_Intrusion_On_Land){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 10-319) - -**State Law reference**--- Trespass, 21 O.S. § 1835 et seq. - -<div> - -::: phx-name -[Sec 10-320 Throwing Or Shooting At Persons Or -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-320_Throwing_Or_Shooting_At_Persons_Or_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 16-101; Code 1999, § 10-320) - -<div> - -::: phx-name -[Sec 10-321 Throwing Out Lighted Substances Or Debris -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-321_Throwing_Out_Lighted_Substances_Or_Debris_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-321) - -<div> - -::: phx-name -[Sec 10-322 Littering, Deposits -Unlawful](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-322_Littering,_Deposits_Unlawful){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-322) - -**State Law reference**--- Littering, 21 O.S. § 1753.3 et seq. - -<div> - -::: phx-name -[Sec 10-323 Posting Advertising, Other Matter On Building Of -Another](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-323_Posting_Advertising,_Other_Matter_On_Building_Of_Another){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 16-100; Code 1999, § 10-323) - -<div> - -::: phx-name -[Sec 10-324 Posting Advertising, Other Matter On Utility Poles Or On Or -Over Streets And -Sidewalks](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-324) - -<div> - -::: phx-name -[Sec 10-325 False -Weights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-325_False_Weights){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 16-108; Code 1999, § 10-326) - -**State Law reference**--- False weights and measures, 21 O.S. § 1551 et -seq. - -<div> - -::: phx-name -[Sec 10-326 Electric Fences -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-326_Electric_Fences_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-327; Ord. No. 520, 5-21-1990) - -<div> - -::: phx-name -[Sec 10-327 Unlawful Use Of Another\'s Garbage Or Refuse -Container](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-327_Unlawful_Use_Of_Another's_Garbage_Or_Refuse_Container){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-328; Ord. No. 458, 8-1-1988) - -<div> - -::: phx-name -[Sec 10-328 Fireworks Prohibited; -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-328_Fireworks_Prohibited;_Exceptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. For the purpose of this section, the term \"fireworks\" shall have - the same meaning as in state law, 68 O.S. § 1621 et seq. -2. It is unlawful for any person to manufacture, display, possess, use - or sell fireworks within the city except as provided in this - section. -3. 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. - -(Prior Code, §§ 9-96, 9-97; Code 1999, § 10-329) - -**State Law reference**--- Local regulation of fireworks, 11 O.S. § -22-110. - -<div> - -::: phx-name -[CHAPTER 10-4 OFFENSES AGAINST PUBLIC -PEACE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-4_OFFENSES_AGAINST_PUBLIC_PEACE){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 10-4A GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4A_GENERAL_PROVISIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 10-4B -NOISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4B_NOISE){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 10-4A GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4A_GENERAL_PROVISIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 10-401 Disturbing The -Peace](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-401_Disturbing_The_Peace){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-402 Disturbing -Funerals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-402_Disturbing_Funerals){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-403 Disorderly -Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-403_Disorderly_Conduct){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-404 Parades, Public Assemblies, And Special -Events](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-404_Parades,_Public_Assemblies,_And_Special_Events){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-405 Firearms And Carrying Certain Weapons -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-405_Firearms_And_Carrying_Certain_Weapons_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-406 Begging And Soliciting -Alms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-406_Begging_And_Soliciting_Alms){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-407 Lawful Operation Of Unmanned Aircraft -Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-407_Lawful_Operation_Of_Unmanned_Aircraft_Systems){.k-link -target="_blank" style="color:#0000EE"}\ - -\ - -<div> - -::: phx-name -[Sec 10-401 Disturbing The -Peace](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-401_Disturbing_The_Peace){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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: - 1. Using obscene, offensive, abusive, profane, vulgar, threatening, - violent or insulting language or conduct; - 2. Appearing in an intoxicated condition; - 3. Engaging in a fistic encounter; - 4. Lewdly exposing one\'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; - 5. Pointing any pistol or any other deadly weapon whether loaded or - not at any other persons either in anger or otherwise; - 6. 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; - 7. 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; - 8. Obstructing the free passage of pedestrians or vehicles on a - street, right-of-way or sidewalk, or other public place; - 9. Obstructing, molesting or interfering with any person lawfully - in a public place; - 10. Making noises that a reasonable person of ordinary sensibilities - would find unnecessarily loud or offensive; - 11. 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 - 12. 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. -3. 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. -4. This section shall not apply to peaceful picketing, public speaking - or other lawful expressions of opinion not in contravention of other - laws. - -(Prior Code, §§ 16-57---16-59, 16-61; Code 1999, § 10-401) - -<div> - -::: phx-name -[Sec 10-402 Disturbing -Funerals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-402_Disturbing_Funerals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-402) - -<div> - -::: phx-name -[Sec 10-403 Disorderly -Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-403_Disorderly_Conduct){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Acts in a violent or tumultuous manner toward another whereby any - person is placed in fear of safety of his life, limb or health; -2. Acts in a violent or tumultuous manner toward another whereby the - property of any person is placed in danger of being destroyed or - damaged; -3. Endangers the lawful pursuits of another by acts of violence, angry - threats and abusive conduct; -4. Jostles or crowds or pushes any person in any public place; -5. Uses \"fighting words\" directed toward any person and thus creates - a turmoil; -6. Causes, provokes or engages in any fight, brawl or riotous conduct - so as to endanger the life, limb, health or property of another; or -7. By acts of violence, interferes with another\'s pursuit of a lawful - occupation. - -(Code 1999, § 10-403) - -**State Law reference**--- Disorderly conduct generally, 21 O.S. § 1361 -et seq.; power of city relating to disorderly conduct, 11 O.S. § 22-110. - -<div> - -::: phx-name -[Sec 10-404 Parades, Public Assemblies, And Special -Events](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-404_Parades,_Public_Assemblies,_And_Special_Events){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. As used in this section, the term \"parade\" 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. -2. 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. -3. 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. -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. -5. 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: - 1. The conduct of the parade will not substantially interrupt the - safe and orderly movement of other traffic contiguous to its - route; - 2. 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; - 3. 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; - 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; - 5. The conduct of such parade will not interfere with the movement - of firefighting equipment en route to a fire; - 6. 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 - 7. The parade is scheduled to move from its point of origin to its - point of termination expeditiously and without unreasonable - delays en route. -6. 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. -7. 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. -8. 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. -9. As used in this section, the term \"special event\' 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 \"expressive special event\" 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 - \"spontaneous expressive event\" 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. - 1. No person, organization, business or corporation shall conduct - any type of special event as defined above without a special - event permit from the city. - 2. 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\'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\'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. - 3. 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. - 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. - 5. 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. - 6. The permittee shall obtain other permits that may be required - from other jurisdictions for this special event. - -(Code 1999, § 10-404; Ord. No. 629(08), 9-2-2008) - -**State Law reference**--- Power of local authorities to regulate -assemblies, 47 O.S. 15-102. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[904(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347129_Ordinance%20No.%20904%20(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 4/15/2019\ -* -::: - -<div> - -::: phx-name -[Sec 10-405 Firearms And Carrying Certain Weapons -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-405_Firearms_And_Carrying_Certain_Weapons_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No person shall transport a loaded firearm except in compliance with - state law. -2. 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. -3. 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. -4. Any person violating this provision shall, upon conviction, be - punished by a fine not to exceed the maximum penalty established by - state law. - -**State Law reference**--- Carrying firearms, 21 O.S. § 1289.6; firearms -definitions, 21 O.S. § 1289.1 et seq. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[898(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346749_Ordinance%20No.%20898%20(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 3/4/2019\ -* -::: - -<div> - -::: phx-name -[Sec 10-406 Begging And Soliciting -Alms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-406_Begging_And_Soliciting_Alms){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - *Accosting* 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.\ - *Ask, beg* or *solicit* 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.\ - *Forcing oneself upon the company of another* 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. -2. It shall be unlawful for any person to solicit money or other things - of value: - 1. 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; - 2. Within 15 feet of the entrance to or exit from any public toilet - facility; - 3. 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; - 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; - 5. In any public transportation vehicle, or in any bus or subway - station, or within 15 feet of any bus stop or taxi stand; - 6. 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; - 7. 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 - 8. 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. -3. 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. - -(Prior Code, § 16-34; Code 1999, § 10-408) - -<div> - -::: phx-name -[Sec 10-407 Lawful Operation Of Unmanned Aircraft -Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-407_Lawful_Operation_Of_Unmanned_Aircraft_Systems){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Definitions. - 1. Pilot or Remote Pilot in Command means any person in control of - and unmanned aircraft. - 2. Unmanned Aircraft means an aircraft operated without the - possibility of direct intervention from within or on the - aircraft. - 3. 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. - 4. Recreational Purposes means the use of an unmanned aircraft for - personal interests and enjoyment. -2. Operating Rules. - 1. 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: - 1. Drones weighing over .55 pounds must have a Federal Aviation - Administration registration number affixed. - 2. As of September 16, 2023, all drones weighing over .55 - pounds are required to comply with the Federal Aviation - Administration\'s Remote ID rule. - 3. 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. - 2. 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: - 1. 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, - 2. The remote pilot in command is using an unmanned aircraft - that: - 1. 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, - 2. Does not contain any exposed rotating parts that would - lacerate human skin upon impact with a human being. - 3. 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. - 4. No person shall operate an unmanned aircraft with the intent to - intentionally harm another person or to destroy public or - private property. - 5. No person shall operate an unmanned aircraft in a careless, - negligent, reckless or dangerous manner. - 6. No person shall attach to an unmanned aircraft: - 1. A firearm; or, - 2. Any other item item intended to cause injury, do harm or be - a hazard. - 7. No person shall operate an unmanned aircraft while in a state of - intoxication as defined in Section 10-501 of the Moore Municipal - Code. - 8. No person shall act with the intent to interfere with another\'s - ability to safely operate an unmanned aircraft in flight such - that the pilot\'s ability to control the aircraft is diminished - to such a degree as to result in a collision. - 9. 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. - 10. 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. -3. Penalty for Violation. - -Any person who is found guilty of violating this section is guilty of a -misdemeanor and subject to up to a \$500 fine. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[1028.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692114532_1028.23%20signed.pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/5/2023\ -* -::: - -<div> - -::: phx-name -[ARTICLE 10-4B -NOISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4B_NOISE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 10-411 Findings Of -Fact](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-411_Findings_Of_Fact){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-412 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-412_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-413 Prohibitions -Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-413_Prohibitions_Generally){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-414 Specific -Prohibitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-414_Specific_Prohibitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-415 -Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-415_Exemptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-416 -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-416_Permit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-417 Duties And Responsibilities Of City -Departments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-417_Duties_And_Responsibilities_Of_City_Departments){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-418 Penalty And Injunctive -Relief](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-418_Penalty_And_Injunctive_Relief){.k-link -target="_blank" style="color:#0000EE"}\ - -**\ -State Law reference**--- City\'s power to restrain and prohibit -unnecessary noise, 11 O.S. § 22-110.\ - -<div> - -::: phx-name -[Sec 10-411 Findings Of -Fact](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-411_Findings_Of_Fact){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -It is found and declared that: - -1. 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; -2. 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; -3. 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; -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. - -(Code 1999, § 10-421; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994) - -<div> - -::: phx-name -[Sec 10-412 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-412_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - *\ - Ambient sound pressure level* 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.\ - *\ - A-weighted sound level* 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.\ - *\ - Construction* 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.\ - *\ - Continuous sound* means any sound, essentially without interruption, - which exists for a period of six minutes or more.\ - *\ - Decibel (dB)* 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.\ - *\ - Demolition* means any dismantling, intentional destruction or - removal of structures, utilities, public or private right-of-way - surfaces, or similar property.\ - *\ - Device* means any mechanical object or piece intended to produce, or - which produces, the resultant effect objectively sought when - operated or used.\ - *\ - Emergency* means any occurrence or set of circumstances involving - actual or imminent physical trauma or property damage which demands - immediate action.\ - *\ - Emergency vehicle* means vehicles of the fire, police and highway - patrol departments and legally authorized ambulances and emergency - vehicles of state departments.\ - *\ - Emergency work* means any work performed for the purpose of - preventing or alleviating physical traumas or property damage - threatened or caused by an emergency.\ - *\ - Excessive sound* means that sound level which elicits complaints, - usually independent of each other in the estimate of the sound\'s - being acceptable or unacceptable.\ - *\ - Gross vehicle weight rating (GVWR)* 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.\ - *\ - Impulsive sound* means sound pulses of short duration, usually less - than one second, with an abrupt onset and rapid decay.\ - *\ - L1 percentile level* means the time-averaged sound pressure level, - A-weighted, that is exceeded in any time measurement period one - percent of that time.\ - *\ - L10 percentile level* means the time-averaged sound pressure level, - A-weighted, that is exceeded in any time measurement period ten - percent of that time.\ - *\ - L90 percentile level* means the time-averaged sound pressure level, - A-weighted, that is exceeded in any time measurement period 90 - percent of that time.\ - *\ - Measurement period* 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.\ - *\ - Motor vehicle* 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 \"motor vehicle\" shall not include - implements of husbandry.\ - *\ - Muffler* means a device for abating the sound of escaping gases of - any internal combustion engine.\ - *\ - Noise* means any sound which annoys or disturbs humans or which - causes or tends to cause an adverse psychological or physiological - effect on humans.\ - *\ - Noise disturbance* means any plainly audible sound which: - 1. Injures or endangers the safety or health of a human; - 2. Annoys or disturbs a reasonable person of normal sensitivities; - or - 3. Endangers or injures personal or real property. - - For the purpose of this definition, the term \"plainly audible\" - 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.\ - *\ - Person* 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.\ - *\ - Powered model vehicle* 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.\ - *\ - RMS sound pressure* means the square root of the time average square - of the sound pressure, denoted Prms.\ - *\ - Sound* 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.\ - *\ - Sound level meter* 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.\ - *\ - Sound pressure* means the instantaneous difference between the - actual pressure and the average barometric pressure at a given point - in space, as produced by sound energy.\ - *\ - Sound pressure level* 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). -2. 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. - -(Code 1999, § 10-422; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994) - -<div> - -::: phx-name -[Sec 10-413 Prohibitions -Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-413_Prohibitions_Generally){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-423; Ord. No. 544, 2-4-1991) - -<div> - -::: phx-name -[Sec 10-414 Specific -Prohibitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-414_Specific_Prohibitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. 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; -2. 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; -3. 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; -4. 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; -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: - 1. 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 - 2. 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; -6. 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; -7. 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; -8. Operation of powered models or toys such as to produce a noise - disturbance; -9. 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; -10. 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:\ - \"WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING - IMPAIRMENT\"\ - 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; -11. 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; -12. 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. -13. 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.\ - -(Code 1999, § 10-424; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994) - -::: phx-docs -HISTORY\ -*Approved by Ord. -[998(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1641223116_ordinance%20998.21.pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/20/2021\ -* -::: - -<div> - -::: phx-name -[Sec 10-415 -Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-415_Exemptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The following sources of potentially excessive sound shall be exempt -from noise control regulation: - -1. 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; -2. 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; -3. 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; -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; -5. Noncommercial public speaking and public assembly activities - conducted on any public space or public right-of-way; and -6. 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. - -(Code 1999, § 10-427; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994; -Ord. No. 758(13), 9-16-2013) - -::: phx-docs -HISTORY\ -*Approved by Ord. -[997(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1641222535_ordinance%20997.21.pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/20/2021\ -* -::: - -<div> - -::: phx-name -[Sec 10-416 -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-416_Permit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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: - 1. Additional time is necessary for the applicant to alter or - modify his activity or operation to comply with this article; - 2. 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 - 3. No other reasonable alternative is available to the applicant. -3. 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. - -(Code 1999, § 10-428; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994) - -<div> - -::: phx-name -[Sec 10-417 Duties And Responsibilities Of City -Departments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-417_Duties_And_Responsibilities_Of_City_Departments){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 10-429; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994) - -<div> - -::: phx-name -[Sec 10-418 Penalty And Injunctive -Relief](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-418_Penalty_And_Injunctive_Relief){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Any person who violates any provision of this article shall, upon - conviction thereof, be guilty of an offense against the city. -2. 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. -3. 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. - -(Code 1999, § 10-430; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994) - -<div> - -::: phx-name -[CHAPTER 10-5 OFFENSES AGAINST THE -PUBLIC](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-5_OFFENSES_AGAINST_THE_PUBLIC){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 10-501 Public -Intoxication](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-501_Public_Intoxication){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-502 Marijuana And Controlled Dangerous Substances -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-502_Marijuana_And_Controlled_Dangerous_Substances_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-503 Drug -Paraphernalia](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-503_Drug_Paraphernalia){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-504 Sniffing Glue, Paint And Other -Substances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-504_Sniffing_Glue,_Paint_And_Other_Substances){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-505 Curfew For -Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-505_Curfew_For_Minors){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-506 False Representation As Blind, Crippled Or Physically -Defective To Obtain Money, -Aid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-506_False_Representation_As_Blind,_Crippled_Or_Physically_Defective_To_Obtain_Money,_Aid){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-507 Prowling On -Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-507_Prowling_On_Premises){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-508 Misrepresenting Age By False -Documents](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-508_Misrepresenting_Age_By_False_Documents){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-509 Obscene, Threatening Or Harassing Telecommunication Or Other -Electronic -Communications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-509_Obscene,_Threatening_Or_Harassing_Telecommunication_Or_Other_Electronic_Communications){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-510 Disorderly -House](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-510_Disorderly_House){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-511 Nudity, Improper Dress And Indecent -Exposure](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-511_Nudity,_Improper_Dress_And_Indecent_Exposure){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-512 Gambling And Gambling -Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-512_Gambling_And_Gambling_Devices){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-513 Prostitution -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-513_Prostitution_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-514 Offenses Near -Schools](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-514_Offenses_Near_Schools){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-515 Sleeping In Places, -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-515_Sleeping_In_Places,_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-516 Contributing To Delinquency Of A -Minor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-516_Contributing_To_Delinquency_Of_A_Minor){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-517 Prevention Of Youth Access To -Tobacco](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-517_Prevention_Of_Youth_Access_To_Tobacco){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-518 Display Of Material Harmful To -Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-518_Display_Of_Material_Harmful_To_Minors){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-519 Spray Paint Restrictions For -Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-519_Spray_Paint_Restrictions_For_Minors){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 10-501 Public -Intoxication](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-501_Public_Intoxication){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-501) - -**State Law reference**--- 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. - -<div> - -::: phx-name -[Sec 10-502 Marijuana And Controlled Dangerous Substances -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-502_Marijuana_And_Controlled_Dangerous_Substances_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. It is unlawful for any person to: - 1. 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. - 2. 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. - 3. 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 \"Smoking in Public Places - and Indoor Workplace Act\" and part 8, chapter 7 sections 8-701 - through 8-704 of this Code; or - 4. Be about a place where marijuana is sold or furnished illegally. -2. For the purpose of this section, the term \"marijuana\" 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. -3. For the purpose of this section, the term \"controlled dangerous - substance\" 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. -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.\ - -(Prior Code, § 16-63, in part; Code 1999, § 10-502) - -**State Law reference**--- Controlled dangerous substances, 63 O.S. § -2-101 et seq. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[895(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346542_Ordinance%20No.%20895%20(18).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/3/2018\ -Amended by Ord. -[1029.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1029.23.pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/5/2023\ -* -::: - -<div> - -::: phx-name -[Sec 10-503 Drug -Paraphernalia](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-503_Drug_Paraphernalia){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. For the purpose of this section, the term \"drug paraphernalia\" - 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 \"the Act,\" and adopted by - reference herein. The term \"drug paraphernalia\" includes, but is - not limited to: - 1. 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; - 2. Kits used, intended for use, or designed for use in - manufacturing, compounding, converting, producing, processing, - or preparing controlled substances; - 3. Isomerization devices used, intended for use, or designed for - use in identifying, or in analyzing the strength, effectiveness - or purity of controlled substances; - 4. Testing equipment used, intended for use, or designed for use in - identifying, or in analyzing the strength, effectiveness or - purity of controlled substances; - 5. Scales and balances used, intended for use, or designed for use - in weighing or measuring controlled substances; - 6. Diluents and adulterants, such as quinine hydrochloride, - mannitol, mannite, dextrose and lactose, used, intended for use, - or designed for use in cutting controlled substances; - 7. 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; - 8. Blenders, bowls, containers, spoons and mixing devices used, - intended for use, or designed for use in compounding controlled - substances; - 9. Capsules, balloons, envelopes and other containers used, - intended for use, or designed for use in packaging small - quantities of controlled substances; - 10. Containers and other objects used, intended for use, or designed - for use in storing or concealing controlled substances; - 11. Hypodermic syringes, needles and other objects used, intended - for use, or designed for use in parenterally injecting - controlled substances into the human body; and - 12. 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: - 1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic - pipes with or without screens, permanent screens, hashish - heads, or punctured metal bowls; - 2. Water pipes; - 3. Carburetion tubes and devices; - 4. Smoking and carburetion masks; - 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; - 6. Miniature cocaine spoons, and cocaine vials; - 7. Chamber pipes; - 8. Carburetor pipes; - 9. Electric pipes; - 10. Air-driven pipes; - 11. Chillums; - 12. Bongs; or - 13. Ice pipes or chiller. -2. 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: - 1. Statements by an owner or by anyone in control of the object - concerning its use; - 2. 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; - 3. The proximity of the object, in time and space, to a direct - violation of the Act; - 4. The proximity of the object to controlled substances; - 5. The existence of any residue of controlled substances on the - object: - 6. 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; - 7. Instructions, oral or written, provided with the object - concerning its use; - 8. Descriptive materials accompanying the object which explain or - depict its use; - 9. National and local advertising concerning its use; - 10. The manner in which the object is displayed for sale; - 11. 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; - 12. Direct or circumstantial evidence of the ratio of sales of the - objects to the total sales of the business enterprise; - 13. The existence and scope of legitimate uses for the object in the - community; and - 14. Expert testimony concerning its use. -3. 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. -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. -5. 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. -6. 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. - -(Code 1999, § 10-503) - -**State Law reference**--- Similar provisions, 63 O.S. §§ 2-101.1, -2-405. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[894(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346334_Ordinance%20No.%20894%20(18).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/3/2018\ -* -::: - -<div> - -::: phx-name -[Sec 10-504 Sniffing Glue, Paint And Other -Substances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-504_Sniffing_Glue,_Paint_And_Other_Substances){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No person shall sniff or inhale paint, glue, gasoline or other volatile -substances for purposes of intoxication. - -(Code 1999, § 10-504) - -**State Law reference**--- Glue sniffing, 63 O.S. § 465.20. - -<div> - -::: phx-name -[Sec 10-505 Curfew For -Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-505_Curfew_For_Minors){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - *\ - Minor* means any person under the age of 18.\ - *\ - Parent* means any person having legal custody of a minor as a: - 1. Natural or adoptive parent; - 2. Legal guardian; - 3. Person who stands in loco parentis; or - 4. Person to whom legal custody has been given by order of the - court. - - *Public place* 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.\ - *\ - Remain* 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.\ - *\ - Street* 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 - \"street\" 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.\ - *\ - Time of night* 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.\ - *\ - Year of age* 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 \"under 18 years of age.\" -2. 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: - 1. At 11:00 p.m. for minors on Sunday through Thursday; and - 2. At 1:00 a.m. on Saturday morning and Sunday morning for minors. -3. 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: - 1. When accompanied by a parent of such minor; - 2. When accompanied by an adult authorized by a parent of such - minor to take the parent\'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\'s parent/guardian in his - possession; - 3. 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; - 4. The minor is on an errand, specific business or activity of an - emergency nature directed or permitted by his parent; - 5. If the minor has in the minor\'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; - 6. 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; - 7. 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\'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; - 8. 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; - 9. 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 - 10. 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. -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 - \"knowingly\" includes knowledge which a parent, or legal guardian, - should reasonably be expected to have concerning the whereabouts of - a minor in that parent\'s or person\'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. -5. 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. -6. 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. - -(Code 1999, § 10-505; Ord. No. 85(94), 6-6-1994) - -<div> - -::: phx-name -[Sec 10-506 False Representation As Blind, Crippled Or Physically -Defective To Obtain Money, -Aid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-506_False_Representation_As_Blind,_Crippled_Or_Physically_Defective_To_Obtain_Money,_Aid){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-506) - -<div> - -::: phx-name -[Sec 10-507 Prowling On -Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-507_Prowling_On_Premises){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-507) - -**State Law reference**--- Peeping toms generally, 21 O.S. § 1171. - -<div> - -::: phx-name -[Sec 10-508 Misrepresenting Age By False -Documents](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-508_Misrepresenting_Age_By_False_Documents){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-508) - -**State Law reference**--- Misrepresentation of age by false documents, -21 O.S. § 1518 et seq. - -<div> - -::: phx-name -[Sec 10-509 Obscene, Threatening Or Harassing Telecommunication Or Other -Electronic -Communications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-509_Obscene,_Threatening_Or_Harassing_Telecommunication_Or_Other_Electronic_Communications){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. It shall be unlawful for a person who, by means of a - telecommunication or other electronic communication device, - willfully: - 1. Makes any comment, request, suggestion, or proposal which is - obscene, lewd, lascivious, filthy, or indecent; - 2. 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; - 3. 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; - 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; - 5. 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 - 6. 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. -2. As used in this section, the term \"telecommunication\" and - \"electronic communication\" 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 - \"telecommunication\" includes: - 1. A communication initiated by electronic mail, instant message, - network call, or facsimile machine; and - 2. A communication made to a pager. -3. 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. -4. Any person who is convicted of the provisions of subsection (A) of - this section shall be punished pursuant to section 1-108. - -(Code 1999, § 10-509; Ord. No. 612(08), 1-22-2008) - -**State Law reference**--- Similar provisions, 21 O.S. § 1172. - -<div> - -::: phx-name -[Sec 10-510 Disorderly -House](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-510_Disorderly_House){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. 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; - 2. 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; - 3. 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 - 4. The violation of any state statute or city ordinance prohibiting - gambling. -2. No person shall keep or maintain, or aid, abet or assist in keeping - and maintaining a disorderly house. -3. 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. -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. - -(Code 1999, § 10-510) - -**State Law reference**--- Municipal power to regulate disorderly houses -and indecencies, 11 O.S. § 22-109. - -<div> - -::: phx-name -[Sec 10-511 Nudity, Improper Dress And Indecent -Exposure](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-511_Nudity,_Improper_Dress_And_Indecent_Exposure){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -It is unlawful for any person to: - -1. Appear in any public place in the city in a state of nudity; -2. Appear in any public place in the city in any offensive, indecent or - lewd dress; or -3. Make an indecent public exposure of his person. - -(Prior Code, § 16-37; Code 1999, § 10-511) - -**State Law reference**--- Similar provisions, 21 O.S. § 1021. - -<div> - -::: phx-name -[Sec 10-512 Gambling And Gambling -Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-512_Gambling_And_Gambling_Devices){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. -5. It is unlawful for any person to play any prohibited game described - in this section. -6. 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. -7. 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. -8. 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. -9. 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. - -(Prior Code, §§ 16-31, 16-32; Code 1999, § 10-512) - -**State Law reference**--- Gambling generally, 21 O.S. § 941 et seq.; -search and seizure of equipment used for gambling, 22 O.S. § 1261 et -seq. - -<div> - -::: phx-name -[Sec 10-513 Prostitution -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-513_Prostitution_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. As used in this section, the term \"prostitution\" 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. -2. It is unlawful: - 1. To engage in prostitution, lewdness or assignation; - 2. To solicit, induce, entice or procure another to commit an act - of lewdness, assignation or prostitution; or - 3. To aid, abet or participate in the doing of any of the acts - herein prohibited. -3. No person shall in any way or manner whatever, keep, harbor or house - any prostitute. -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. -5. No person shall keep or maintain a house of prostitution or house of - assignation. -6. 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. -7. 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. -8. No person shall offer, or offer to secure another for the purpose of - prostitution, or for any other lewd or indecent act. -9. 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. - -(Prior Code, § 16-36; Code 1999, § 10-513) - -**State Law reference**--- Definition of prostitution, 21 O.S. § 1030; -soliciting, 21 O.S. § 1029; pimping, 21 O.S. § 1081. - -<div> - -::: phx-name -[Sec 10-514 Offenses Near -Schools](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-514_Offenses_Near_Schools){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Any conduct that would disturb the orderly conduct of the school; -2. Annoying or molesting any student or employee of the school; -3. Lewd or wanton conduct in, near or around any of the schools or - school grounds or streets and alleys adjacent to the schools; -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 -5. Any other act or conduct calculated to or likely to annoy or molest - any student or employee of such school. - -(Code 1999, § 10-514) - -<div> - -::: phx-name -[Sec 10-515 Sleeping In Places, -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-515_Sleeping_In_Places,_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-515) - -<div> - -::: phx-name -[Sec 10-516 Contributing To Delinquency Of A -Minor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-516_Contributing_To_Delinquency_Of_A_Minor){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The term \"any person,\" 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 \"minor\" - means any person under the age of 18 years. -2. 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. - -(Prior Code, § 16-16; Code 1999, § 10-516) - -**State Law reference**--- Contributing to delinquency of minors, 21 -O.S. § 856 et seq. - -<div> - -::: phx-name -[Sec 10-517 Prevention Of Youth Access To -Tobacco](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-517_Prevention_Of_Youth_Access_To_Tobacco){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *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: - 1. *Nicotine Product* 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.\ - 2. *Person* means any individual, firm, fiduciary, partnership, - corporation, trust, or association, however formed. - 3. *Proof of age* means a driver\'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. - 4. *Sample* 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. - 5. *Tobacco product* means any product that contains tobacco and is - intended for human consumption. - 6. *Transaction scan* means the process by which a seller checks, - by means of a transaction scan device, the validity of a - driver\'s license or other government-issued photo - identification. - 7. *Transaction scan device* 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\'s license or other government-issued photo - identification. - 8. *Vapor products* 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 \"vapor products\" 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 \"vapor products\" do not include any products - regulated by the United States Food and Drug Administration - under chapter V of the Food, Drug, and Cosmetic Act. -2. *Furnishing or sale of tobacco products, nicotine products or vapors - to minors*. - 1. 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\'s duties. - 2. 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. - 3. 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\'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\'s store. - 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. - 5. 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 (\"ABLE\") commission for possible administrative - action. - 6. 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: - 1. The individual who purchased or received the tobacco - product, nicotine product or vapor product presented a - driver\'s license or other government-issued photo - identification purporting to establish that such individual - was 21 years of age or older; and - 2. The person cited for the violation confirmed the validity of - the driver\'s license or other government-issued photo - identification presented by such individual by performing a - transaction scan by means of a transaction scan device;\ - 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\'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. - 7. 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\'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\'s license to sell tobacco products until proof of payment - has been furnished to the state tax commission. - 8. 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. - - ```{=html} - <!-- --> - ``` - - ```{=html} - <!-- --> - ``` -3. *Receipt of tobacco product, nicotine products or vapor products by - minors* - 1. 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\'s duties. - 2. 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. - 3. 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. - 4. The violator may also be required to complete a community - service program or other appropriate programs or services as - ordered by the court. - 5. They city shall establish rules to provide for notification to a - parent or guardian of any minor cited for a violation of this - section. -4. *Distribution of tobacco product, nicotine product or vapor product - samples*. - 1. 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. - 2. 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. - 3. 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. - 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\'s license to the individual until - proof of payment has been furnished to the department of public - safety. -5. *Sale of tobacco products except in original sealed package*. - 1. 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. - 2. 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. -6. *Signs in retail establishments required*. - 1. 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:\ - \"IT\'S THE LAW, WE DO NOT SELL TOBACCO PRODUCTS, NICOTINE - PRODUCTS OR VAPOR PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE.\"\ - 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. - 2. 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. -7. *Notice to retail employees*. - 1. 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: - 1. 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 - 2. 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. - 2. 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:\ - \"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\'s license. In - addition, I understand that violations by me may subject the - store owner to fines or license suspension.\" -8. *Vending machine sales restricted*. - 1. 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: - 1. In areas of factories, businesses, offices, or other places - that are not open to the public; or - 2. In places that are open to the public, but to which persons - under 21 years of age are not admitted. - 2. 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. -9. *Display or sale of tobacco products, nicotine products or vapor - products*. - 1. 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. - 2. 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. -10. *Prohibiting possession or sale of tobacco, nicotine or vapor use - device or material*. - 1. 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. - 2. 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. - 3. 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. -11. *Restrictions on manner of enforcement*. - 1. 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. - 2. 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. - -(Prior Code, § 16-17; Code 1999, § 10-517; Ord. No. 336(01), 10-15-2001; -Ord. No. 582(07), 5-21-2007) - -**State Law reference**--- Similar provisions, 37 O.S. § 600.1 et seq. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[842(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333053_Ordinance%20No.%20842%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -Amended by Ord. -[958(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1633553323_Ordinance%20958(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/21/2020\ -Amended by Ord. -[1016.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1016.22.pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/17/2022\ -Amended by Ord. -[1035.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1035.23.pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/2/2023\ -* -::: - -<div> - -::: phx-name -[Sec 10-518 Display Of Material Harmful To -Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-518_Display_Of_Material_Harmful_To_Minors){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - *\ - A reasonable bona fide attempt* means an attempt to ascertain the - true age of the minor by requiring production of a driver\'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.\ - *\ - Harmful to minors* 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: - 1. 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; - 2. 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 - 3. The material or performance lacks serious literary, scientific, - artistic, or political value for minors. - - *Knowingly* means having general knowledge of, or reason to know, or - a belief or ground for belief which warrants further inspection or - inquiry of both: - 1. The character and content of any material or performance which - is reasonably susceptible of examination by the defendant; and - 2. 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. - - *Material* 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.\ - *\ - Minor* means any unmarried person under the age of 18 years.\ - *\ - Nudity* means the: - 1. Showing of the human male or female genitals, pubic area, or - buttocks with less than a full opaque covering; - 2. 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 - 3. Depiction of covered male genitals in a discernibly turgid - state. - - *Performance* 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.\ - *\ - Person* means any individual, partnership, association, corporation, - or other legal entity of any kind.\ - *\ - Sexual conduct* means acts of masturbation, homosexuality, sexual - intercourse, or physical contact with a person\'s clothed or - unclothed genitals, pubic area, buttocks, or, if such person is a - female, breast.\ - *\ - Sexual excitement* means the condition of human male or female - genitals when in a state of sexual stimulation or arousal.\ - *\ - Sadomasochistic abuse* 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. -2. No person having custody, control or supervision of any commercial - establishment shall knowingly: - 1. 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 \"binder - racks\" so that the lower two-thirds of the material is not - exposed to view; - 2. 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 - 3. Present to a minor or participate in presenting to a minor, with - or without consideration, any performance which is harmful to a - minor. -3. 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. - -(Code 1999, § 10-518; Ord. No. 36(92), 10-19-1992) - -**State Law reference**--- Material harmful to minors, 21 O.S. § 1040.76 -et seq. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[842(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333053_Ordinance%20No.%20842%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 10-519 Spray Paint Restrictions For -Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-519_Spray_Paint_Restrictions_For_Minors){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - *Minor* means any individual under the age of 18 years of age.\ - *Person* means any individual, firm, association, partnership or - corporation, selling or offering for sale any item prohibited by - this section. -2. Prohibited conduct. - 1. 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; - 2. 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\'s license, a registration certificate issued - under the federal Selective Service Act or an identification - card issued to a member of the armed forces; - 3. 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. -3. 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, \"Spray Paint Shall Not Be Sold To - Minors.\" -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. -5. Any person convicted for an offense in violation of this section - shall, upon conviction, be punished as provided in section 1-108. - -(Code 1999, § 10-519; Ord. No. 72(94), 1-3-1994) - -<div> - -::: phx-name -[CHAPTER 10-6 OFFENSES AGAINST PUBLIC -AUTHORITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-6_OFFENSES_AGAINST_PUBLIC_AUTHORITY){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 10-601 Escaping -Custody](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-601_Escaping_Custody){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-602 Conveying Instruments To Assist -Escape](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-602_Conveying_Instruments_To_Assist_Escape){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-603 Assisting Prisoner To -Escape](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-603_Assisting_Prisoner_To_Escape){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-604 Delivery Of Articles To Person In -Confinement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-604_Delivery_Of_Articles_To_Person_In_Confinement){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-605 Assaulting City -Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-605_Assaulting_City_Officer){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-606 Resisting A Police -Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-606_Resisting_A_Police_Officer){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-607 Obedience To Orders Of Police And -Firefighter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-607_Obedience_To_Orders_Of_Police_And_Firefighter){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-608 Eluding Police Officer By Motor -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-608_Eluding_Police_Officer_By_Motor_Vehicle){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-609 Use Of Siren Or -Whistle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-609_Use_Of_Siren_Or_Whistle){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-610 Impersonating A Police Officer Or Any City -Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-610_Impersonating_A_Police_Officer_Or_Any_City_Officer){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-611 False Statements, Reports Or -Complaints](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-611_False_Statements,_Reports_Or_Complaints){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-612 False -Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-612_False_Alarms){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-613 Removal Of -Barricades](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-613_Removal_Of_Barricades){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-614 Resisting Public -Officials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-614_Resisting_Public_Officials){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-615 Duties Of The Public At Fires, -Emergencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-615_Duties_Of_The_Public_At_Fires,_Emergencies){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-616 Tampering With Signs, -Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-616_Tampering_With_Signs,_Equipment){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-617 Interfering With Police Dog In Performing Functions Or -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-617_Interfering_With_Police_Dog_In_Performing_Functions_Or_Duties){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-618 Destroying, Tampering With -Evidence](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-618_Destroying,_Tampering_With_Evidence){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 10-601 Escaping -Custody](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-601_Escaping_Custody){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 16-125; Code 1999, § 10-601; Ord. No. 506, 2-5-1990) - -**State Law reference**--- Escapes, 21 O.S. § 444. - -<div> - -::: phx-name -[Sec 10-602 Conveying Instruments To Assist -Escape](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-602_Conveying_Instruments_To_Assist_Escape){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-602) - -**State Law reference**--- Conveying instruments to assist escape, 21 -O.S. § 438. - -<div> - -::: phx-name -[Sec 10-603 Assisting Prisoner To -Escape](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-603_Assisting_Prisoner_To_Escape){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 16-124; Code 1999, § 10-603; Ord. No. 506, 2-5-1990) - -**State Law reference**--- Assisting prisoner to escape, 21 O.S. §§ 437, -441. - -<div> - -::: phx-name -[Sec 10-604 Delivery Of Articles To Person In -Confinement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-604_Delivery_Of_Articles_To_Person_In_Confinement){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-604; Ord. No. 506, 2-5-1990) - -<div> - -::: phx-name -[Sec 10-605 Assaulting City -Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-605_Assaulting_City_Officer){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No person shall knowingly assault, batter, or assault and batter any -city officer or official while in the performance of their duties. - -(Code 1999, § 10-605; Ord. No. 505, 2-5-1990) - -**State Law reference**--- Assaulting law officer, 21 O.S. §§ 649, 650. - -<div> - -::: phx-name -[Sec 10-606 Resisting A Police -Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-606_Resisting_A_Police_Officer){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -4. The term \"obstruction of\" shall, in addition to their common - meaning, include: - 1. Flight by one sought to be arrested before the arresting officer - can restrain him and after notice is given that he is under - arrest; - 2. 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 - 3. Refusal by the arrested party to give his name and make his - identity known to the arresting officer. - -(Prior Code, § 16-122; Code 1999, § 10-606; Ord. No. 506, 2-5-1990) - -<div> - -::: phx-name -[Sec 10-607 Obedience To Orders Of Police And -Firefighter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-607_Obedience_To_Orders_Of_Police_And_Firefighter){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-608) - -<div> - -::: phx-name -[Sec 10-608 Eluding Police Officer By Motor -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-608_Eluding_Police_Officer_By_Motor_Vehicle){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-609) - -**State Law reference**--- Eluding police officer, 21 O.S. § 540A. - -<div> - -::: phx-name -[Sec 10-609 Use Of Siren Or -Whistle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-609_Use_Of_Siren_Or_Whistle){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 10-610) - -<div> - -::: phx-name -[Sec 10-610 Impersonating A Police Officer Or Any City -Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-610_Impersonating_A_Police_Officer_Or_Any_City_Officer){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. No person shall do or attempt any act to impersonate a police - officer. -3. 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. - -(Prior Code, § 16-126; Code 1999, § 10-611; Ord. No. 506, 2-5-1990) - -**State Law reference**--- Impersonating public officers, 21 O.S. §§ -263, 264, 1533. - -<div> - -::: phx-name -[Sec 10-611 False Statements, Reports Or -Complaints](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-611_False_Statements,_Reports_Or_Complaints){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. No person shall willfully and without probable cause make a false - report to any person of any crime, violation of the city\'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. - -(Code 1999, § 10-612) - -<div> - -::: phx-name -[Sec 10-612 False -Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-612_False_Alarms){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 9-1; Code 1999, § 10-613; Ord. No. 506, 2-5-1990) - -**State Law reference**--- False fire alarms, 21 O.S. § 1851. - -<div> - -::: phx-name -[Sec 10-613 Removal Of -Barricades](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-613_Removal_Of_Barricades){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-614; Ord. No. 506, 2-5-1990) - -<div> - -::: phx-name -[Sec 10-614 Resisting Public -Officials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-614_Resisting_Public_Officials){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -It is unlawful for any person knowingly or willfully to: - -1. 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; -2. Obstruct, threaten or otherwise intimidate or attempt to intimidate - any officer or employee from the discharge of his official duties; - or -3. 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. - -(Code 1999, § 10-615; Ord. No. 506, 2-5-1990, in part) - -<div> - -::: phx-name -[Sec 10-615 Duties Of The Public At Fires, -Emergencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-615_Duties_Of_The_Public_At_Fires,_Emergencies){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. - -(Code 1999, § 10-616; Ord. No. 506, 2-5-1990, in part) - -**State Law reference**--- Interfering with firefighters, 21 O.S. § -1217. - -<div> - -::: phx-name -[Sec 10-616 Tampering With Signs, -Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-616_Tampering_With_Signs,_Equipment){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-617; Ord. No. 506, 2-5-1990) - -<div> - -::: phx-name -[Sec 10-617 Interfering With Police Dog In Performing Functions Or -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-617_Interfering_With_Police_Dog_In_Performing_Functions_Or_Duties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 16-131; Code 1999, § 10-618) - -**State Law reference**--- Crimes against police dogs, 21 O.S. § 649.2. - -<div> - -::: phx-name -[Sec 10-618 Destroying, Tampering With -Evidence](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-618_Destroying,_Tampering_With_Evidence){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-619; Ord. No. 506, 2-5-1990) - -<div> - -::: phx-name -[CHAPTER 10-7 GANG-RELATED -ACTIVITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-7_GANG-RELATED_ACTIVITIES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 10-701 Prohibition Of Gang-Related Criminal -Activity](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-701_Prohibition_Of_Gang-Related_Criminal_Activity){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-702 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-702_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-703 -Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-703_Offense){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-704 Buildings Or Place Used By Gang Members As -Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-704_Buildings_Or_Place_Used_By_Gang_Members_As_Nuisance){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Gang-related offenses, 21 O.S. § 856.3.\ - -<div> - -::: phx-name -[Sec 10-701 Prohibition Of Gang-Related Criminal -Activity](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-701_Prohibition_Of_Gang-Related_Criminal_Activity){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-701; Ord. No. 7(91), 12-16-1991) - -<div> - -::: phx-name -[Sec 10-702 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-702_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Criminal street gang* 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 \"pattern of criminal street gang activity\" 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. - -\"*Pattern of criminal street gang activity*\" 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: - - ----------------------------------- ----------------------------------- - Offense\ Relevant Code Provision\ - - Assault and battery\ 10-201\ - - Reckless conduct\ 10-204(B)\ - - Petit larceny\ 10-301\ - - Possession of stolen property\ 10-304\ - - Defacing building, damaging 10-310 - property\ - - Damaging private property\ 10-312 - - Damaging or tampering with motor 10-314 - vehicle\ - - Throwing or shooting at persons or 10-320 - property\ - - Possession of marijuana and drug 10-502 and 10-503\ - paraphernalia\ - - Disorderly house\ 10-510 - - Prostitution\ 10-513 - - Offenses near schools\ 10-514 - ----------------------------------- ----------------------------------- - -*Youthful and street gang member* means a person who engages in a -pattern of youth and street gang activity and meets two or more of the -following criteria: - -1. Admits to gang membership; -2. Is a youth under the age of 21 years who is identified as a gang - member by a parent or guardian; -3. Is identified as a gang member by a documented reliable informant; -4. Resides in or frequents a particular gang\'s area and adopts their - style of dress, their use of hand signs, or their tattoos, and - associates with known gang members; -5. Is identified as a gang member by an informant of previously - untested reliability and such identification is corroborated by - independent information; -6. Has been arrested more than once in the company of identified gang - members for offenses which are consistent with usual gang activity; -7. Is identified as a gang member by physical evidence, such as - photographs or other documentation; and -8. Has been stopped in the company of known gang members four or more - times. - -(Code 1999, § 10-702; Ord. No. 7(91), 12-16-1991) - -<div> - -::: phx-name -[Sec 10-703 -Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-703_Offense){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-703; Ord. No. 7(91), 12-16-1991) - -<div> - -::: phx-name -[Sec 10-704 Buildings Or Place Used By Gang Members As -Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-704_Buildings_Or_Place_Used_By_Gang_Members_As_Nuisance){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-704; Ord. No. 7(91), 12-16-1991) - -<div> - -::: phx-name -[CHAPTER 10-8 JUVENILE -OFFENSES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-8_JUVENILE_OFFENSES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 10-801 Jurisdiction Of Juvenile -Offenders](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-801_Jurisdiction_Of_Juvenile_Offenders){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-802 -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-802_Exceptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-803 Failure To Comply With Written Promise To Appear With -Juvenile](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-803_Failure_To_Comply_With_Written_Promise_To_Appear_With_Juvenile){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-804 Parental Responsibility For Juvenile Court -Fines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-804_Parental_Responsibility_For_Juvenile_Court_Fines){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-805 General And Specific -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-805_General_And_Specific_Penalties){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-806 -Truancy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-806_Truancy){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-807 Skateboarding -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-807_Skateboarding_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 10-808 Runaway -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-808_Runaway_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 10-801 Jurisdiction Of Juvenile -Offenders](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-801_Jurisdiction_Of_Juvenile_Offenders){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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:\ - - ----------------------------------- ----------------------------------- - Assault\ 10-202 - - Battery\ 10-203 - - Curfew violation\ 10-505 - - Disorderly conduct\ 10-403 - - Petty larceny and larceny of lost 10-301 - property\ - - Damaging private property\ 10-312 - - Disturbing the peace\ 10-401 - - Public intoxication\ 10-501 - - Possession of marijuana\ 10-502 - - Possession of drug paraphernalia\ 10-503 - - Transportation of low-point beer in 3-210 - a moving vehicle\ - - Minors in possession of low-point 3-211 - beer, prohibited while in public\ - - Minors in possession of 3-109 - intoxicating beverages in public - prohibited\ - - Possession of tobacco products\ 10-517 - - Graffiti\ 8-1001 to 8-1008\ - - Failure to appear\ 6-115 - - Attempt to commit an offense\ 10-101 - - Trespassing prohibited\ 10-317 - - Noise\ 10-411 to 10-416\ - - Offenses near schools\ 10-514 - - Assaulting city officer\ 10-605 - - Resisting a police officer\ 10-606 - - Fireworks prohibited\ 10-328 - - Littering prohibited\ 10-322 - - Skateboarding prohibited\ 10-807 - - Attempting to elude a police 10-608 - officer\ - - Mandatory school attendance\ 10-806 - - Harmful deception\ 10-309 - - Harassing phone calls\ 10-509 - ----------------------------------- ----------------------------------- - -(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)\ - -<div> - -::: phx-name -[Sec 10-802 -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-802_Exceptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 10-801; Ord. No. 337(01), 10-15-2001) - -<div> - -::: phx-name -[Sec 10-803 Failure To Comply With Written Promise To Appear With -Juvenile](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-803_Failure_To_Comply_With_Written_Promise_To_Appear_With_Juvenile){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-802; Ord. No. 337(01), 10-15-2001) - -<div> - -::: phx-name -[Sec 10-804 Parental Responsibility For Juvenile Court -Fines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-804_Parental_Responsibility_For_Juvenile_Court_Fines){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 10-803; Ord. No. 337(01), 10-15-2001) - -<div> - -::: phx-name -[Sec 10-805 General And Specific -Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-805_General_And_Specific_Penalties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. The following specific offenses, unless otherwise provided in this - Code, shall be punished by a fine not exceeding \$500.00. - 1. Possession of marijuana or other controlled substance; - possession of drug paraphernalia - 2. Graffiti. - 3. Battery of an officer. - 4. Eluding a police officer. - -(Code 1999, § 10-806; Ord. No. 377(02), 8-19-2002) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[819(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327416_Ordinance%20No.%20819%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 4/18/2016\ -* -::: - -<div> - -::: phx-name -[Sec 10-806 -Truancy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-806_Truancy){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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: - 1. 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; - 2. 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; - 3. 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. -3. 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. - -(Code 1999, § 10-807; Ord. No. 379(02)-B, 10-7-2002; Ord. No. 437(03), -12-15-2003) - -<div> - -::: phx-name -[Sec 10-807 Skateboarding -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-807_Skateboarding_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Any private property open to the public which is specifically - hereinafter listed, provided the area is clearly and conspicuously - posted with signs stating \"Skating and Skateboarding Prohibited - (Moore Code Section 10-807).\" - 1. On walls, steps, or railings of a shopping center, business, or - nonprofit establishment. - 2. Parking lots of a shopping center, business, or nonprofit - establishment. - 3. Driveways of a shopping center, business, or nonprofit - establishment. - 4. Sidewalks and pedestrian ways within a shopping center, - business, or nonprofit establishment. -2. Walls, steps, railings, driveways, or parking lots on public - property (public schools), provided the area is clearly and - conspicuously posted with signs stating \"Skating and Skateboarding - Prohibited (Moore Code Section 10-807).\" - -(Code 1999, § 10-808; Ord. No. 380(02), 10-7-2002) - -<div> - -::: phx-name -[Sec 10-808 Runaway -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-808_Runaway_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s knowledge as to the child\'s whereabouts. -2. Compelling reason means imminent danger from incest, a - life-threatening situation, or equally traumatizing circumstance. -3. It shall be unlawful and an offense to be a runaway. -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. -5. 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. - -(Code 1999, § 10-809; Ord. No. 472(04), § 1, 8-16-2004) - -<div> - -::: {.phx-name .phx-break} -[PART 11 PARKS, RECREATION AND -CEMETERY](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_11_PARKS,_RECREATION_AND_CEMETERY){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 11-1 PARKS AND -RECREATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-1_PARKS_AND_RECREATION){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 11-2 -LIBRARY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-2_LIBRARY){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 11-3 -CEMETERY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-3_CEMETERY){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[CHAPTER 11-1 PARKS AND -RECREATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-1_PARKS_AND_RECREATION){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 11-1A GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1A_GENERAL_PROVISIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 11-1B RULES AND -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1B_RULES_AND_REGULATIONS){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Parks and recreation, 11 O.S. § 33-101 et -seq.\ - -<div> - -::: phx-name -[ARTICLE 11-1A GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1A_GENERAL_PROVISIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 11-101 Park Board -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-101_Park_Board_Created){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-102 Organization And -Procedures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-102_Organization_And_Procedures){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-103 Power And -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-103_Power_And_Duties){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-104 -Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-104_Compensation){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 11-101 Park Board -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-101_Park_Board_Created){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Prior Code, § 17-16; Code 1999, § 11-101; Ord. No. 52(93), 3-1993; Ord. -No. 171(96), 10-7-1994) - -::: phx-docs -HISTORY\ -*Approved by Ord. -[994(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1637096326_994.21.pdf){.k-link -target="_blank" style="color:#0000EE"} on 11/15/2021\ -* -::: - -<div> - -::: phx-name -[Sec 11-102 Organization And -Procedures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-102_Organization_And_Procedures){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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. - -(Prior Code, § 17-16; Code 1999, § 11-102; Ord. No. 52(93), 3-1993; Ord. -No. 171(96), 10-7-1994) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 11-103 Power And -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-103_Power_And_Duties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Prior Code, § 17-16; Code 1999, § 11-103; Ord. No. 52(93), 3-1993; Ord. -No. 171(96), 10-7-1994) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 11-104 -Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-104_Compensation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 17-16; Code 1999, § 11-104; Ord. No. 52(93), 3-1993; Ord. -No. 171(96), 10-7-1994) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[ARTICLE 11-1B RULES AND -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1B_RULES_AND_REGULATIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 11-112 Motorized -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-112_Motorized_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-113 Closing Hours For -Parks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-113_Closing_Hours_For_Parks){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-114 Glass Containers -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-114_Glass_Containers_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-115 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-115_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-116 Prohibiting Animals From City -Parks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-116_Prohibiting_Animals_From_City_Parks){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-117 Swimming Prohibited In City Park, Property Owned Or -Maintained By -City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-117_Swimming_Prohibited_In_City_Park,_Property_Owned_Or_Maintained_By_City){.k-link -target="_blank" style="color:#0000EE"}\ -[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](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){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 11-112 Motorized -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-112_Motorized_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No motorized vehicle shall be permitted in any park except: - -1. Vehicles operated by the city or under contract to the city; -2. Vehicles entering, exiting or being parked or stored, where part is - designed and maintained for entrance, exit, parking or storage of - motorized vehicles. - -(Prior Code, § 17-1; Code 1999, § 11-112) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 11-113 Closing Hours For -Parks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-113_Closing_Hours_For_Parks){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. Signs stating park hours will be posted prominently in each park. -4. Any person found in violation of this section shall be subject to - punishment as provided in section 1-108. - -(Prior Code, § 17-2; Code 1999, § 11-113; Ord. No. 87(94), 7-18-1994) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 11-114 Glass Containers -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-114_Glass_Containers_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 11-114; Ord. No. 411, 8-4-1986) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 11-115 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-115_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 17-3; Code 1999, § 11-115) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 11-116 Prohibiting Animals From City -Parks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-116_Prohibiting_Animals_From_City_Parks){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Subject to 7 O.S. § 19.1: - 1. 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. - 2. 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. - 3. 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. -2. Any person found to be in violation of this section shall be - punished as authorized by section 1-108. - -(Code 1999, § 11-116; Ord. No. 515(05), 8-15-2005) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 11-117 Swimming Prohibited In City Park, Property Owned Or -Maintained By -City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-117_Swimming_Prohibited_In_City_Park,_Property_Owned_Or_Maintained_By_City){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. The term \"knowingly\" includes knowledge which a parent, or legal - guardian, should reasonably be expected to have concerning the - whereabouts of a child in that parent\'s or person\'s custody. -4. Any person found in violation of this section shall be subject to - punishment as provided in section 1-108. - -(Code 1999, § 11-117; Ord. No. 588(07), 5-21-2007) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-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](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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:\ - -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' 48" 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' 34" 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' 48" 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' 45" 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\ - -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.\ - -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: - -1\. Water Wells; - -2\. Swimming Pools; - -3\. Storm Shelters; and - -4\. Splash Pads. - -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. - -\ - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[1012.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1012.22.pdf){.k-link -target="_blank" style="color:#0000EE"} on 7/18/2022\ -* -::: - -<div> - -::: phx-name -[CHAPTER 11-2 -LIBRARY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-2_LIBRARY){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 11-201 Library Board -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-201_Library_Board_Created){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-202 Powers And -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-202_Powers_And_Duties){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-203 Rules And -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-203_Rules_And_Regulations){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Municipal libraries, 11 O.S. § 31-101 et -seq.\ - -<div> - -::: phx-name -[Sec 11-201 Library Board -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-201_Library_Board_Created){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 13-16; Code 1999, § 11-201) - -<div> - -::: phx-name -[Sec 11-202 Powers And -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-202_Powers_And_Duties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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---31-108, and as may be -further established from time to time. - -(Prior Code, § 13-17; Code 1999, § 11-202) - -<div> - -::: phx-name -[Sec 11-203 Rules And -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-203_Rules_And_Regulations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 13-18; Code 1999, § 11-203) - -<div> - -::: phx-name -[CHAPTER 11-3 -CEMETERY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-3_CEMETERY){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 11-301 Cemeteries -Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-301_Cemeteries_Established){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-302 Cemetery Care -Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-302_Cemetery_Care_Fund){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-303 Expenditure And -Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-303_Expenditure_And_Control){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-304 Prices Of -Lots](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-304_Prices_Of_Lots){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-305 Deeds To -Lots](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-305_Deeds_To_Lots){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-306 Fees For Setting Monuments And Grave -Staking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-306_Fees_For_Setting_Monuments_And_Grave_Staking){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-307 No Action To Be Taken Until Fee Is -Paid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-307_No_Action_To_Be_Taken_Until_Fee_Is_Paid){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-308 Erection Of Monuments And -Improvements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-308_Erection_Of_Monuments_And_Improvements){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-309 Defacing -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-309_Defacing_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-310 Removal Of Flowers And Decorative -Items](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-310_Removal_Of_Flowers_And_Decorative_Items){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-311 Motorized -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-311_Motorized_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 11-312 Council May Adopt -Rules](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-312_Council_May_Adopt_Rules){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Municipal cemeteries, 11 O.S. § 26-101 et -seq.\ - -<div> - -::: phx-name -[Sec 11-301 Cemeteries -Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-301_Cemeteries_Established){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 7-35, in part; Code 1991, § 11-301) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2015\ -* -::: - -<div> - -::: phx-name -[Sec 11-302 Cemetery Care -Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-302_Cemetery_Care_Fund){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, §§ 7-31---7-35; Code 1991, § 11-302; Ord. No. 606(07), -12-3-2007) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2015\ -* -::: - -<div> - -::: phx-name -[Sec 11-303 Expenditure And -Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-303_Expenditure_And_Control){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 7-35; Code 1991, § 11-303) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2015\ -* -::: - -<div> - -::: phx-name -[Sec 11-304 Prices Of -Lots](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-304_Prices_Of_Lots){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 7-35; Code 1991, § 11-304; Ord. No. 607(07), 12-3-2007) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2015\ -* -::: - -<div> - -::: phx-name -[Sec 11-305 Deeds To -Lots](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-305_Deeds_To_Lots){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 7-37; Code 1991, § 11-305) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2015\ -* -::: - -<div> - -::: phx-name -[Sec 11-306 Fees For Setting Monuments And Grave -Staking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-306_Fees_For_Setting_Monuments_And_Grave_Staking){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 7-39; Code 1991, § 11-307) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2015\ -* -::: - -<div> - -::: phx-name -[Sec 11-307 No Action To Be Taken Until Fee Is -Paid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-307_No_Action_To_Be_Taken_Until_Fee_Is_Paid){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 7-40; Code 1991, § 11-308) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2015\ -* -::: - -<div> - -::: phx-name -[Sec 11-308 Erection Of Monuments And -Improvements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-308_Erection_Of_Monuments_And_Improvements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s marker at the foot of the grave. - -(Prior Code, § 7-41; Code 1991, § 11-312) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2015\ -* -::: - -<div> - -::: phx-name -[Sec 11-309 Defacing -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-309_Defacing_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 7-36; Code 1991, § 11-313) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2015\ -* -::: - -<div> - -::: phx-name -[Sec 11-310 Removal Of Flowers And Decorative -Items](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-310_Removal_Of_Flowers_And_Decorative_Items){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. Items such as glass jars, cans, or other containers used on the - premises for the holding of floral bouquets, candles or mementos are - prohibited. -3. 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.\ - -\ - -\ - -(Prior Code, § 7-42; Code 1991, § 11-314) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2015\ -Amended by Ord. -[1005.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1005.22.pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/15/2022\ -Amended by Ord. -[1033.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1033.23.pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/21/2023\ -* -::: - -<div> - -::: phx-name -[Sec 11-311 Motorized -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-311_Motorized_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No motorized vehicle shall be permitted in any cemetery except: - -1. Vehicles operated by the city or under contract to the city; -2. Vehicles entering, exiting, or being parked where part or a portion - of the cemetery is designated and maintained for entrance, exit or - parking. - -(Prior Code, § 7-44; Code 1991, § 11-315) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2015\ -* -::: - -<div> - -::: phx-name -[Sec 11-312 Council May Adopt -Rules](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-312_Council_May_Adopt_Rules){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The council by motion or resolution may adopt rules and regulations -relating to the city cemeteries. - -(Prior Code, § 7-45; Code 1991, § 11-316) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/15/2015\ -* -::: - -<div> - -::: {.phx-name .phx-break} -[PART 12 PLANNING, ZONING AND -DEVELOPMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_12_PLANNING,_ZONING_AND_DEVELOPMENT){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 12-1 LAND DEVELOPMENT -CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_12-1_LAND_DEVELOPMENT_CODE){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Building, zoning and planning, 11 O.S. § -41-101 et seq.\ - -<div> - -::: phx-name -[CHAPTER 12-1 LAND DEVELOPMENT -CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_12-1_LAND_DEVELOPMENT_CODE){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 12-101 Land Development Code -Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_12-101_Land_Development_Code_Adopted){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 12-101 Land Development Code -Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_12-101_Land_Development_Code_Adopted){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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. - -(Code 1999, § 12-100) - -<div> - -::: {.phx-name .phx-break} -[PART 13 PUBLIC -SAFETY](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_13_PUBLIC_SAFETY){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 13-1 FIRE PREVENTION -CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-1_FIRE_PREVENTION_CODE){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 13-2 FIRE -SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-2_FIRE_SERVICES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 13-3 POLICE -SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-3_POLICE_SERVICES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 13-4 EMERGENCY -MANAGEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-4_EMERGENCY_MANAGEMENT){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 13-5 EMERGENCY TELEPHONE AND ALARM -SYSTEMS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-5_EMERGENCY_TELEPHONE_AND_ALARM_SYSTEMS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 13-6 HAZARDOUS MATERIAL INCIDENT COST RECOVERY -ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-6_HAZARDOUS_MATERIAL_INCIDENT_COST_RECOVERY_ORDINANCE){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[CHAPTER 13-1 FIRE PREVENTION -CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-1_FIRE_PREVENTION_CODE){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 13-1A GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1A_GENERAL_PROVISIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 13-1B FIRE HYDRANTS AND FIRE -LANES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1B_FIRE_HYDRANTS_AND_FIRE_LANES){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 13-1A GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1A_GENERAL_PROVISIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[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](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){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-102 Fire -Prevention](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-102_Fire_Prevention){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-103 Adoption Of Specified -Appendices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-103_Adoption_Of_Specified_Appendices){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-104 Establishment Of Limits Of Districts In Which Storage Of -Explosives And Blasting Agents Is To Be -Prohibited](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){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-105 Establishment Of Limits Of Districts In Which Storage Of -Flammable Liquids In Outside Aboveground Tanks Is To Be -Prohibited](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){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-106 Establishment Of Limits In Which Bulk Storage Of Liquefied -Petroleum Gases Is To Be -Restricted](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){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-107 Provisions Declared To Be Minimum -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-107_Provisions_Declared_To_Be_Minimum_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-108 Modifications Of The Fire Prevention Code -Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-108_Modifications_Of_The_Fire_Prevention_Code_Authorized){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-109 New Materials, Processes Or Occupancies Which May Require -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-109_New_Materials,_Processes_Or_Occupancies_Which_May_Require_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-110 -Appeals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-110_Appeals){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-111 Life Safety Code -Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-111_Life_Safety_Code_Adopted){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-112 Certificate Of -Fitness](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-112_Certificate_Of_Fitness){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-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](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The following additions, amendments, or deletions are made to the - fire code adopted herein:\ - \ - Section 101.1. Insert: The City of Moore, Oklahoma\ - \ - Section 109.4. Insert: Misdemeanor, \$500.00; delete: or by - imprisonment not exceeding 10 days, or both such fine and - imprisonment\ - \ - Section 111.4. Delete: less than \[amount\] dollars and insert: more - than five hundred (\$500.00) dollars\ - \ - 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 \[nominal 1 pound (0.45 - kg) LP-gas capacity\] - -(Code 1999, § 13-101; Ord. No. 514(90), 9-17-1990; Ord. No. 631(08), -9-15-2008) - -**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[858(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 13-102 Fire -Prevention](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-102_Fire_Prevention){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 9-53; Code 1999, § 13-102) - -<div> - -::: phx-name -[Sec 13-103 Adoption Of Specified -Appendices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-103_Adoption_Of_Specified_Appendices){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 13-103; Ord. No. 514 (90), 9-17-1990) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[858(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 13-104 Establishment Of Limits Of Districts In Which Storage Of -Explosives And Blasting Agents Is To Be -Prohibited](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 13-104) - -<div> - -::: phx-name -[Sec 13-105 Establishment Of Limits Of Districts In Which Storage Of -Flammable Liquids In Outside Aboveground Tanks Is To Be -Prohibited](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. Bulk plants for flammable or combustible liquids are prohibited in R - zoning and in the areas as approved by the fire chief. - -(Prior Code, § 9-54; Code 1999, § 13-105) - -<div> - -::: phx-name -[Sec 13-106 Establishment Of Limits In Which Bulk Storage Of Liquefied -Petroleum Gases Is To Be -Restricted](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. - -(Prior Code, § 9-58; Code 1999, § 13-106; Ord. No. 207(97), 10-6-1997) - -<div> - -::: phx-name -[Sec 13-107 Provisions Declared To Be Minimum -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-107_Provisions_Declared_To_Be_Minimum_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 13-107) - -<div> - -::: phx-name -[Sec 13-108 Modifications Of The Fire Prevention Code -Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-108_Modifications_Of_The_Fire_Prevention_Code_Authorized){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 9-55; Code 1999, § 13-108) - -<div> - -::: phx-name -[Sec 13-109 New Materials, Processes Or Occupancies Which May Require -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-109_New_Materials,_Processes_Or_Occupancies_Which_May_Require_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 9-57; Code 1999, § 13-109) - -<div> - -::: phx-name -[Sec 13-110 -Appeals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-110_Appeals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 13-110; Ord. No. 427(87), 2-17-1987) - -<div> - -::: phx-name -[Sec 13-111 Life Safety Code -Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-111_Life_Safety_Code_Adopted){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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---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. - -(Code 1999, § 13-111; Ord. No. 515(90), 9-17-1990) - -**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[858(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/19/2017\ -* -::: - -<div> - -::: phx-name -[Sec 13-112 Certificate Of -Fitness](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-112_Certificate_Of_Fitness){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. The servicing or recharging of any portable fire extinguisher; - 2. 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 - 3. The installation and servicing of any fire alarm or fire - communication system. -2. 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. - -(Code 1999, § 13-112; Ord. No. 502(90), 1-15-1990) - -<div> - -::: phx-name -[ARTICLE 13-1B FIRE HYDRANTS AND FIRE -LANES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1B_FIRE_HYDRANTS_AND_FIRE_LANES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 13-121 Fire -Hydrants](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-121_Fire_Hydrants){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-122 Fire Lanes On Private Property Devoted To Public -Use](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-122_Fire_Lanes_On_Private_Property_Devoted_To_Public_Use){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-123 Water Supply To Fire Hydrants Via Public Or Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-123_Water_Supply_To_Fire_Hydrants_Via_Public_Or_Private_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-124 Article -Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-124_Article_Cumulative){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 13-121 Fire -Hydrants](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-121_Fire_Hydrants){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. Hydrant locations and standards shall be as follows: - 1. All hydrants are to be installed according to city standards; - 2. 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 - 3. Fire hydrants shall be located apart from buildings and fully - accessible from paved driveways and fire lanes. -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. -5. 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. -6. The requirements of this section may be waived by the city council - for good cause shown by the persons requesting a building permit. -7. 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. - -(Prior Code, § 9-111; Code 1999, § 13-121) - -<div> - -::: phx-name -[Sec 13-122 Fire Lanes On Private Property Devoted To Public -Use](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-122_Fire_Lanes_On_Private_Property_Devoted_To_Public_Use){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The marking of fire lanes on private property devoted to public use - shall be approved by the fire chief or his designee. -2. Parking of motor vehicles or otherwise obstructing fire lanes shall - be prohibited at all times. -3. Fire lanes and driveways shall be located so that all buildings - served by them are accessible to fire equipment. -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. - 1. *Signage*. Signs denoting fire lanes shall be 12 inches wide by - 18 inches tall and shall read \"FIRE LANE. NO PARKING AT ANY - TIME. CITY ORDINANCE \# 13-122.\" 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. - 2. *Curb marking*. Curb markings shall be red with the words \"FIRE - LANE, NO PARKING\" 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. -5. 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. -6. 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. - -(Prior Code, § 9-112; Code 1999, § 13-122; Ord. No. 255(99), 4-19-1999) - -<div> - -::: phx-name -[Sec 13-123 Water Supply To Fire Hydrants Via Public Or Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-123_Water_Supply_To_Fire_Hydrants_Via_Public_Or_Private_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 9-113; Code 1999, § 13-123; Ord. No. 256(99)-A, -4-19-1999) - -<div> - -::: phx-name -[Sec 13-124 Article -Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-124_Article_Cumulative){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The provisions of this article shall be cumulative to and shall not -operate to repeal any other ordinances or provisions of this chapter. - -(Prior Code, § 9-114; Code 1999, § 13-124) - -<div> - -::: phx-name -[CHAPTER 13-2 FIRE -SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-2_FIRE_SERVICES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 13-2A FIRE -DEPARTMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2A_FIRE_DEPARTMENT){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 13-2B CALLS OUTSIDE -LIMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2B_CALLS_OUTSIDE_LIMITS){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 13-2A FIRE -DEPARTMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2A_FIRE_DEPARTMENT){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 13-201 Created; -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-201_Created;_Duties){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-202 Use Of Fire -Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-202_Use_Of_Fire_Equipment){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-203 Authority Of Firefighters At -Fires](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-203_Authority_Of_Firefighters_At_Fires){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-204 Right Of -Entry](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-204_Right_Of_Entry){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Fire department authorized, 11 O.S. § -29-105.\ - -<div> - -::: phx-name -[Sec 13-201 Created; -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-201_Created;_Duties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. There is a fire department of the city, the head of which is the - chief of the fire department. -2. 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. - -(Prior Code, §§ 9-16, 9-18; Code 1999, § 13-201) - -<div> - -::: phx-name -[Sec 13-202 Use Of Fire -Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-202_Use_Of_Fire_Equipment){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 13-202) - -<div> - -::: phx-name -[Sec 13-203 Authority Of Firefighters At -Fires](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-203_Authority_Of_Firefighters_At_Fires){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 13-203) - -<div> - -::: phx-name -[Sec 13-204 Right Of -Entry](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-204_Right_Of_Entry){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 9-204; Code 1999, § 13-204) - -<div> - -::: phx-name -[ARTICLE 13-2B CALLS OUTSIDE -LIMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2B_CALLS_OUTSIDE_LIMITS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 13-211 Power To -Contract](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-211_Power_To_Contract){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-212 Contracts For -Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-212_Contracts_For_Service){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-213 Authority To Answer -Calls](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-213_Authority_To_Answer_Calls){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-214 Charges For Calls Made Outside -City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-214_Charges_For_Calls_Made_Outside_City){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-215 Firefighters Serving In Regular Line Of -Duty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-215_Firefighters_Serving_In_Regular_Line_Of_Duty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 13-211 Power To -Contract](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-211_Power_To_Contract){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 13-221) - -<div> - -::: phx-name -[Sec 13-212 Contracts For -Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-212_Contracts_For_Service){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 13-222) - -<div> - -::: phx-name -[Sec 13-213 Authority To Answer -Calls](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-213_Authority_To_Answer_Calls){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 13-223) - -<div> - -::: phx-name -[Sec 13-214 Charges For Calls Made Outside -City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-214_Charges_For_Calls_Made_Outside_City){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 13-224) - -<div> - -::: phx-name -[Sec 13-215 Firefighters Serving In Regular Line Of -Duty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-215_Firefighters_Serving_In_Regular_Line_Of_Duty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 13-225) - -<div> - -::: phx-name -[CHAPTER 13-3 POLICE -SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-3_POLICE_SERVICES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 13-3A POLICE -DEPARTMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3A_POLICE_DEPARTMENT){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 13-3B POLICE BOARD OF -REVIEW](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3B_POLICE_BOARD_OF_REVIEW){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Municipal police, 11 O.S. § 34-101 et seq.\ - -<div> - -::: phx-name -[ARTICLE 13-3A POLICE -DEPARTMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3A_POLICE_DEPARTMENT){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 13-301 -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-301_Created){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-302 -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-302_Duties){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-303 Police Officers; Carrying Weapons Off Duty; -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-303_Police_Officers;_Carrying_Weapons_Off_Duty;_Restrictions){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 13-301 -Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-301_Created){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -There shall be a police department, the head of which is the chief of -police, or the police chief. - -(Prior Code, § 18-16; Code 1999, § 13-301) - -<div> - -::: phx-name -[Sec 13-302 -Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-302_Duties){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, §§ 18-16, 18-17; Code 1999, § 13-302) - -<div> - -::: phx-name -[Sec 13-303 Police Officers; Carrying Weapons Off Duty; -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-303_Police_Officers;_Carrying_Weapons_Off_Duty;_Restrictions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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\'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. -3. 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. - -(Code 1999, § 13-303; Ord. No. 464, 10-3-1988, in part; Ord. No. 4(91), -1991) - -<div> - -::: phx-name -[ARTICLE 13-3B POLICE BOARD OF -REVIEW](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3B_POLICE_BOARD_OF_REVIEW){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 13-311 Board -Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-311_Board_Established){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-312 -Members](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-312_Members){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-313 -Appointments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-313_Appointments){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-314 -Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-314_Term){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-315 -Hearings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-315_Hearings){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-316 Records Of -Proceedings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-316_Records_Of_Proceedings){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-317 Legal -Counsel](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-317_Legal_Counsel){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 13-311 Board -Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-311_Board_Established){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 13-311) - -<div> - -::: phx-name -[Sec 13-312 -Members](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-312_Members){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The board of review shall consist of: - -1. The mayor, ex officio, who shall be a voting member of the board; -2. Two active duty or retired police officers of the city; -3. One attorney residing in the city; and -4. One licensed physician residing in the city. - -(Code 1999, § 13-312) - -<div> - -::: phx-name -[Sec 13-313 -Appointments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-313_Appointments){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 13-313) - -<div> - -::: phx-name -[Sec 13-314 -Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-314_Term){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Appointive members of the police board of review shall serve at the -pleasure of the appointing authority. - -(Code 1999, § 13-314) - -<div> - -::: phx-name -[Sec 13-315 -Hearings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-315_Hearings){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 13-315) - -<div> - -::: phx-name -[Sec 13-316 Records Of -Proceedings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-316_Records_Of_Proceedings){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 13-316) - -<div> - -::: phx-name -[Sec 13-317 Legal -Counsel](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-317_Legal_Counsel){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Proceedings before the police board of review shall be informal in - nature and strict rules of evidence shall not apply. -2. 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. - -(Code 1999, § 13-317) - -<div> - -::: phx-name -[CHAPTER 13-4 EMERGENCY -MANAGEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-4_EMERGENCY_MANAGEMENT){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 13-401 Intent And Purpose; -Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-401_Intent_And_Purpose;_Authority){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-402 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-402_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-403 Organization And -Appointments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-403_Organization_And_Appointments){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-404 Emergency Powers And Duties Of City -Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-404_Emergency_Powers_And_Duties_Of_City_Manager){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-405 Duties And Emergency Powers Of The Emergency Management -Director](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-405_Duties_And_Emergency_Powers_Of_The_Emergency_Management_Director){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-406 Emergency Operations -Plan](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-406_Emergency_Operations_Plan){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-407 Assistance Of Persons Outside City -Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-407_Assistance_Of_Persons_Outside_City_Government){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-408 No Municipal Or Private -Liability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-408_No_Municipal_Or_Private_Liability){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-409 Violation Of -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-409_Violation_Of_Regulations){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-410 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-410_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-411 Violation Of Emergency Price Stabilization -Act](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-411_Violation_Of_Emergency_Price_Stabilization_Act){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Oklahoma Emergency Management Act of 2003, 63 -O.S. § 683.1 et seq.; local emergency management program, 63 O.S. § -683.11.\ - -<div> - -::: phx-name -[Sec 13-401 Intent And Purpose; -Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-401_Intent_And_Purpose;_Authority){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Intent and purpose*. The purpose of this chapter is to create an - emergency management organization for the city to: - 1. 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 - 2. 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. -2. *Authority*. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/17/2016\ -* -::: - -<div> - -::: phx-name -[Sec 13-402 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-402_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Authorized persons* 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. - -*Civil emergency* 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. - -*Curfew* 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. - -*Disaster* 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. - -*Disaster area* means the scene or location of any disaster or civil -emergency. - -*Emergency management* 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\'s -vulnerability to hazards, and increase the city\'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: - -1. Fire, flood, tornado, drought, earthquake, and other natural events; -2. Transportation accidents, chemical releases, industrial accidents, - and other technological events; -3. Infectious disease outbreaks and other public health events; -4. Civil disorder, domestic and international terrorism, acts of war, - and other manmade events; and -5. 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. - -*Emergency management director (\"director\")* means the individual -appointed by the city manager to carry out the functions set out in this -chapter. - -*Emergency management forces* 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. - -*Emergency management volunteer* means any person duly registered, -trained, identified and appointed by the director and assigned to -participate in an emergency management and/or disaster activity. - -*Enemy attack* 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. - -*Federal Emergency Management Agency (FEMA)* means the Federal Emergency -Management Agency, as created by the Robert T. Stafford Disaster Relief -and Emergency Assistance Act, P.L. 100-707. - -*Oklahoma Department of Emergency Management (OEM)* means the State of -Oklahoma\'s Department of Emergency Management, as created in 63 O.S. § -683.4. - -*Regulations* includes plans, programs, and other emergency procedures -deemed essential to emergency management. - -*Resilience* means the ability to prepare and plan for, absorb, recover -from, and more successfully adapt to adverse events. - -*Volunteer* 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/17/2016\ -* -::: - -<div> - -::: phx-name -[Sec 13-403 Organization And -Appointments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-403_Organization_And_Appointments){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. 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. -2. 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). -3. 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. -4. Volunteer persons and agencies offering services to and accepted by - the city. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/17/2016\ -* -::: - -<div> - -::: phx-name -[Sec 13-404 Emergency Powers And Duties Of City -Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-404_Emergency_Powers_And_Duties_Of_City_Manager){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Emergency authority of city manager*. 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. -2. *Emergency declaration*. 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. - 1. 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. - 2. 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. - 3. In the absence of the city manager as the final judge of an - emergency declaration, the emergency management director shall - make the determination. - 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. -3. *Emergency regulations*. 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: - 1. 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. - 2. Regulations pertaining to the movement of persons to and/or from - areas deemed to be hazardous or vulnerable to disaster. - 3. Regulations restricting the movement of persons upon the streets - at particular times of days and in particular areas. - 4. Such other regulations necessary to preserve public peace, - health and safety. - 5. 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. -4. *Emergency management forces*. 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. -5. *Mutual aid---Requesting*. 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. -6. *Same---Rendering*. When requested, the city manager may send - emergency management forces to the aid of other communities affected - by disaster or emergency. -7. *Emergency procurement*. 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. -8. *Curfew*. 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. -9. *Emergency prohibitions*. 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: - 1. 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; - 2. 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; - 3. 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; - 4. The sale, purchase or dispensing of alcoholic beverages; - 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; - 6. The use of certain streets, highways or public ways by the - public; - 7. 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; - 8. Impersonation of a city official or emergency management - volunteer; - 9. Unauthorized use of any insignia of the city; - 10. Unauthorized entry into any disaster area; - 11. Following an emergency or disaster vehicle, or purposely driving - to any location on or near a roadway where a disaster or - emergency area exists; - 12. 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; - 13. 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; - 14. Failing to obey rules, regulations or official orders within a - shelter; - 15. Failing to obey any executive order issued under this chapter; - 16. 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 - 17. 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. -10. *Emergency services and volunteers*. 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. -11. *Acceptance of emergency management funds*. 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. -12. *Succession*. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/17/2016\ -* -::: - -<div> - -::: phx-name -[Sec 13-405 Duties And Emergency Powers Of The Emergency Management -Director](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-405_Duties_And_Emergency_Powers_Of_The_Emergency_Management_Director){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. 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; -2. 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; -3. Coordinating the recruitment of volunteer personnel and agencies to - augment the personnel and facilities of the city for disaster - purposes; -4. 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; -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; -6. 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; -7. 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; -8. Coordinating the activity of all other public and private agencies - engaged in any disaster activity, real or implied; -9. Assuming such authority and conducting such activity as the city - manager may direct to promote and execute the emergency operations - plan; -10. Supporting long-term recovery efforts within the city after - disasters, civil emergencies and enemy attack; and promoting efforts - to increase the city\'s resiliency prior to, during, and after - emergency events; and -11. 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 - (\"FEMA\"), and other governmental agencies and organizations as - required and appropriate. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/17/2016\ -* -::: - -<div> - -::: phx-name -[Sec 13-406 Emergency Operations -Plan](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-406_Emergency_Operations_Plan){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. -5. Other plans relating to emergency and disaster mitigation, - preparedness, response and recovery may also be adopted and - maintained as deemed necessary. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/17/2016\ -* -::: - -<div> - -::: phx-name -[Sec 13-407 Assistance Of Persons Outside City -Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-407_Assistance_Of_Persons_Outside_City_Government){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/17/2016\ -* -::: - -<div> - -::: phx-name -[Sec 13-408 No Municipal Or Private -Liability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-408_No_Municipal_Or_Private_Liability){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/17/2016\ -* -::: - -<div> - -::: phx-name -[Sec 13-409 Violation Of -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-409_Violation_Of_Regulations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/17/2016\ -* -::: - -<div> - -::: phx-name -[Sec 13-410 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-410_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/17/2016\ -* -::: - -<div> - -::: phx-name -[Sec 13-411 Violation Of Emergency Price Stabilization -Act](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-411_Violation_Of_Emergency_Price_Stabilization_Act){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/17/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 13-5 EMERGENCY TELEPHONE AND ALARM -SYSTEMS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-5_EMERGENCY_TELEPHONE_AND_ALARM_SYSTEMS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 13-501 -Purposes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-501_Purposes){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-502 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-502_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-503 False -Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-503_False_Alarms){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-504 Notice Of False -Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-504_Notice_Of_False_Alarms){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-505 Emergency Call -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-505_Emergency_Call_Records){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-506 Operational Defects To Be -Remedied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-506_Operational_Defects_To_Be_Remedied){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-507 Notification Of -Tests](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-507_Notification_Of_Tests){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-508 Fire Inspection Of Alarm -Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-508_Fire_Inspection_Of_Alarm_Systems){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-509 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-509_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 13-501 -Purposes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-501_Purposes){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[Sec 13-502 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-502_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - *\ - 911 system* means an emergency phone system which is designed to - receive emergency phone calls by dialing the three-digit number - \"911.\" The system places person requesting emergency service in - touch with fire, police, and ambulance services by dialing the - three-digit number \"911.\"\ - *\ - Alarm business* 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.\ - *\ - Alarm system* 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: - 1. Devices which do not activate alarms that are audible, visible, - or perceptible outside the protected premises;\ - 2. 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;\ - 3. Alarm devices affixed to motor vehicles;\ - 4. Alarm devices installed on a temporary basis by the police or - fire department; and\ - 5. Alarm devices installed in or on premises owned or leased by the - city. - - *Answering service* 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.\ - \ - *Automatic dialing device* 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.\ - \ - *Central station* 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 \"NFPA\") 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.\ - \ - *Direct line* 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.\ - \ - *Emergency* means the existence of a fire, or the commission or - attempted commission of a robbery, burglary or other criminal - action.\ - \ - *Employee* means any person who is employed by an alarm business and - who installs, services, maintains, repairs or replaces alarm systems - in the city.\ - \ - *Interconnect* 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.\ - \ - *Modified central station* means an office to which alarm systems - are connected, where operators supervise the circuits but where - guards are not maintained to investigate alarm signals.\ - \ - *Telephone dialing device* 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.\ - \ - *Trunk line* 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[Sec 13-503 False -Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-503_False_Alarms){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The term \"false alarm\" 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 \"false alarm\" 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 \"false alarm\" 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. - -1. False alarms include those caused by: - 1. *Error* or *mistakes*. 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; - 2. *Malfunction*. 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; - 3. *Intentional misuse*. Any intentional activation of an alarm - system when no burglary, robbery, vandalism, fire or other - emergency is in progress. -2. An alarm will not be considered a false alarm if it is determined - that the alarm was caused by: - 1. Natural or manmade catastrophe, or an act of God. Such events - include tornadoes, floods, earthquakes or other similarly - violent conditions; - 2. Vandalism, causing physical damage to the premises; - 3. Telephone line outage; - 4. Attempted entry of a location causing visible, physical or other - evidence of damage to the location; - 5. Severe weather causing physical damage to the premises; or - 6. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[Sec 13-504 Notice Of False -Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-504_Notice_Of_False_Alarms){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. An excessive number of false alarms shall be deemed to be: - 1. For businesses with less than 25 employees in any single - location: more than three false alarms within any three-month - period; - 2. For businesses with 25 or more employees in any single location: - more than six false alarms within any three-month period; or - 3. For residences: more than three false alarms within any - three-month period. -3. 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. -4. Any inspection of an alarm location or premises shall be the same as - provided in the Code. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[Sec 13-505 Emergency Call -Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-505_Emergency_Call_Records){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[Sec 13-506 Operational Defects To Be -Remedied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-506_Operational_Defects_To_Be_Remedied){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[Sec 13-507 Notification Of -Tests](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-507_Notification_Of_Tests){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[Sec 13-508 Fire Inspection Of Alarm -Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-508_Fire_Inspection_Of_Alarm_Systems){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[Sec 13-509 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-509_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/2/2019\ -* -::: - -<div> - -::: phx-name -[CHAPTER 13-6 HAZARDOUS MATERIAL INCIDENT COST RECOVERY -ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-6_HAZARDOUS_MATERIAL_INCIDENT_COST_RECOVERY_ORDINANCE){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 13-601 -Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-601_Title){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-602 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-602_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-603 Hazardous Materials Incidents; Liability For -Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-603_Hazardous_Materials_Incidents;_Liability_For_Costs){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 13-604 Methods Of -Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-604_Methods_Of_Enforcement){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 13-601 -Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-601_Title){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -This chapter shall be known as the \"Hazardous Material Incident Cost -Recovery Ordinance.\" - -(Code 1999, § 13-601; Ord. No. 330(01), 7-2-2001) - -<div> - -::: phx-name -[Sec 13-602 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-602_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Costs* means and includes, but is not limited to, the following: - -1. 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. -2. 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. -3. 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. -4. 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. -5. Labor, including benefits, overtime and administrative overhead for - government employees. -6. The costs of operating, maintaining, leasing, repairing and - replacing equipment. -7. Contract labor and equipment. -8. Labor and equipment obtained by the city. -9. Materials, including, but not limited to, absorbents, foams, - dispersants, neutralization agents, overpack drums or containers. -10. Supervision of cleanup and abatement. - -*Hazardous material incident* 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. - -*Hazardous substance* 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 \"hazardous substance\" -includes, but is not limited to, explosives, radioactive materials, -petroleum products, gases, poisons, biologic agents, flammables and -corrosives. - -*Natural resources* 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. - -*Person* means an individual, firm, corporation, association, -partnership, commercial entity, consortium, joint venture, governmental -entity, or any other legal entity. - -*Recovery* means restoration to pre-event conditions. - -*Release* 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). - -*Response* means the provision of emergency and non-emergency assistance -during and following an incident and to reduce the likelihood of -secondary damage. - -*Responsible party* 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. - -(Code 1999, § 13-602; Ord. No. 330(01), 7-2-2001) - -<div> - -::: phx-name -[Sec 13-603 Hazardous Materials Incidents; Liability For -Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-603_Hazardous_Materials_Incidents;_Liability_For_Costs){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 13-603; Ord. No. 330(01), 7-2-2001) - -<div> - -::: phx-name -[Sec 13-604 Methods Of -Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-604_Methods_Of_Enforcement){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Civil action*. 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\'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. -2. *Other remedies*. 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. - -(Code 1999, § 13-604; Ord. No. 330(01), 7-2-2001) - -<div> - -::: {.phx-name .phx-break} -[PART 14 STREETS AND -SIDEWALKS](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_14_STREETS_AND_SIDEWALKS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 14-1 GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-1_GENERAL_PROVISIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 14-2 CURB AND STREET -CUTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-2_CURB_AND_STREET_CUTS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 14-3 CITY -RIGHTS-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-3_CITY_RIGHTS-OF-WAY){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Municipal roads and streets, 11 O.S. § 36-101 -et seq.\ - -<div> - -::: phx-name -[CHAPTER 14-1 GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-1_GENERAL_PROVISIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 14-101 Obstructions -Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-101_Obstructions_Generally){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-102 Interfering With Street, Free Flow Of -Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-102_Interfering_With_Street,_Free_Flow_Of_Traffic){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-103 Removal Of Trees And Shrubs Obstructing View Of -Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-103_Removal_Of_Trees_And_Shrubs_Obstructing_View_Of_Traffic){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-104 Display Of Sale Of Goods, Wares And -Merchandise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-104_Display_Of_Sale_Of_Goods,_Wares_And_Merchandise){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-105 No Structures On Or Over Streets And -Sidewalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-105_No_Structures_On_Or_Over_Streets_And_Sidewalks){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-106 Playing -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-106_Playing_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-107 Unlawful To Injure Trees, -Shrubbery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-107_Unlawful_To_Injure_Trees,_Shrubbery){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-108 Street Numbering -System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-108_Street_Numbering_System){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-109 Duties Of Owners And Occupants Of Adjacent Property Relative -To Sidewalk Obstructions, -Hazards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-109_Duties_Of_Owners_And_Occupants_Of_Adjacent_Property_Relative_To_Sidewalk_Obstructions,_Hazards){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-110 Sidewalk -Repairs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-110_Sidewalk_Repairs){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-111 Sidewalk Construction Specifications, -Width](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-111_Sidewalk_Construction_Specifications,_Width){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-112 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-112_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 14-101 Obstructions -Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-101_Obstructions_Generally){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 14-101) - -<div> - -::: phx-name -[Sec 14-102 Interfering With Street, Free Flow Of -Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-102_Interfering_With_Street,_Free_Flow_Of_Traffic){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. It is unlawful to: - 1. 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 - 2. 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. -2. 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. - -(Prior Code, 20-5; Code 1999, § 14-102) - -<div> - -::: phx-name -[Sec 14-103 Removal Of Trees And Shrubs Obstructing View Of -Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-103_Removal_Of_Trees_And_Shrubs_Obstructing_View_Of_Traffic){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. Any owner or occupant who fails, refuses or neglects to trim trees - and shrubbery as provided in this section, after receiving five - days\' 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\' - notice shall be a separate offense. - -(Prior Code, § 20-3; Code 1999, § 14-103) - -<div> - -::: phx-name -[Sec 14-104 Display Of Sale Of Goods, Wares And -Merchandise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-104_Display_Of_Sale_Of_Goods,_Wares_And_Merchandise){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Code 1999, § 14-104) - -<div> - -::: phx-name -[Sec 14-105 No Structures On Or Over Streets And -Sidewalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-105_No_Structures_On_Or_Over_Streets_And_Sidewalks){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 20-2; Code 1999, § 14-105) - -<div> - -::: phx-name -[Sec 14-106 Playing -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-106_Playing_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 20-4; Code 1999, § 14-106) - -<div> - -::: phx-name -[Sec 14-107 Unlawful To Injure Trees, -Shrubbery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-107_Unlawful_To_Injure_Trees,_Shrubbery){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 14-107) - -<div> - -::: phx-name -[Sec 14-108 Street Numbering -System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-108_Street_Numbering_System){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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 \"Northeast\" - prefixed to the name; all streets and avenues in the southeast - quarter shall be addressed with \"Southeast\" prefixed to the name; - all streets and avenues in the southwest quarter shall be addressed - with \"Southwest\" prefixed to the name; and all streets and avenues - in the northwest quarter shall be addressed with \"Northwest\" - prefixed to the name. - -(Prior Code, §§ 20-91, 20-92; Code 1999, § 14-108) - -<div> - -::: phx-name -[Sec 14-109 Duties Of Owners And Occupants Of Adjacent Property Relative -To Sidewalk Obstructions, -Hazards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-109_Duties_Of_Owners_And_Occupants_Of_Adjacent_Property_Relative_To_Sidewalk_Obstructions,_Hazards){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 14-109; Ord. No. 110(95), 1-17-1995) - -<div> - -::: phx-name -[Sec 14-110 Sidewalk -Repairs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-110_Sidewalk_Repairs){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 20-58; Code 1999, § 14-110) - -<div> - -::: phx-name -[Sec 14-111 Sidewalk Construction Specifications, -Width](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-111_Sidewalk_Construction_Specifications,_Width){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The provisions of the \"Standard Specifications for Highway - Construction, Oklahoma Department of Transportation, 1988 Edition\" - (hereinafter referred to as Standard Specifications) as referenced - in this section are hereby adopted and incorporated herein by - reference. -3. Materials for the construction of concrete sidewalks shall meet the - requirements specified in the following subsection of section - 700---Materials of the Standard Specifications: Portland Cement - Concrete, Class A, Subsection 701.01. -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. - 1. 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; - 2. 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; - 3. 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; - 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; - 5. 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; - 6. 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; - 7. 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. -5. No brick sidewalks shall be built within the city without prior - approval of the city. - -(Prior Code, §§ 20-56, 20-57, 20-59, 20-60; Code 1999, § 14-111) - -<div> - -::: phx-name -[Sec 14-112 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-112_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 14-112) - -<div> - -::: phx-name -[CHAPTER 14-2 CURB AND STREET -CUTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-2_CURB_AND_STREET_CUTS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 14-2A -STREETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2A_STREETS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 14-2B CURB -CUTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2B_CURB_CUTS){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 14-2A -STREETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2A_STREETS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 14-201 Unlawful To Cut Without -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-201_Unlawful_To_Cut_Without_Permit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-202 -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-202_Permit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-203 Fee, -Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-203_Fee,_Bond){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-204 Notification Of Completion Of -Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-204_Notification_Of_Completion_Of_Work){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-205 No -Delays](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-205_No_Delays){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 14-201 Unlawful To Cut Without -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-201_Unlawful_To_Cut_Without_Permit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 20-31; Code 1999, § 14-201) - -<div> - -::: phx-name -[Sec 14-202 -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-202_Permit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 20-31; Code 1999, § 14-202) - -<div> - -::: phx-name -[Sec 14-203 Fee, -Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-203_Fee,_Bond){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 20-31; Code 1999, § 14-203) - -<div> - -::: phx-name -[Sec 14-204 Notification Of Completion Of -Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-204_Notification_Of_Completion_Of_Work){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 14-204) - -<div> - -::: phx-name -[Sec 14-205 No -Delays](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-205_No_Delays){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Any permittee cutting pavement by virtue of a permit as authorized -herein shall perform the excavation or other work without delay or -interruption. - -(Code 1999, § 14-205) - -<div> - -::: phx-name -[ARTICLE 14-2B CURB -CUTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2B_CURB_CUTS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 14-211 -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-211_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-212 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-212_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-213 -Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-213_Inspection){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-214 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-214_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 14-211 -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-211_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Code 1999, § 14-211) - -<div> - -::: phx-name -[Sec 14-212 -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-212_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 14-212) - -<div> - -::: phx-name -[Sec 14-213 -Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-213_Inspection){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 14-213) - -<div> - -::: phx-name -[Sec 14-214 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-214_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 14-214) - -<div> - -::: phx-name -[CHAPTER 14-3 CITY -RIGHTS-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-3_CITY_RIGHTS-OF-WAY){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 14-3A CONSTRUCTION WITHIN CITY-OWNED -RIGHTS-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3A_CONSTRUCTION_WITHIN_CITY-OWNED_RIGHTS-OF-WAY){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 14-3B DESIGN AND CONSTRUCTION OF WIRELESS -FACILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3B_DESIGN_AND_CONSTRUCTION_OF_WIRELESS_FACILITIES){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 14-3A CONSTRUCTION WITHIN CITY-OWNED -RIGHTS-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3A_CONSTRUCTION_WITHIN_CITY-OWNED_RIGHTS-OF-WAY){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 14-301 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-301_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-302 Registration -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-302_Registration_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-303 Registration; -Fine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-303_Registration;_Fine){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-304 -Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-304_Powers){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-305 Obtaining A Rights-Of-Way Contractor/Subcontractor -Registration; Refusal Of -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-305_Obtaining_A_Rights-Of-Way_Contractor/Subcontractor_Registration;_Refusal_Of_Registration){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-306 Criminal History Records Search Or Background -Check](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-306_Criminal_History_Records_Search_Or_Background_Check){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-307 Contractor/Subcontractor Registration Certificate, Business -Limitations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-307_Contractor/Subcontractor_Registration_Certificate,_Business_Limitations){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-308 Registration -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-308_Registration_Fee){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-309 Applicability Of Contractor/Subcontractor -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-309_Applicability_Of_Contractor/Subcontractor_Registration){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-310 Issuance Or Denial Of -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-310_Issuance_Or_Denial_Of_Registration){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-311 Change In Contractor\'s Name, Address, Legal Service Agent, -Or Cease Of Business; -Notification](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){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-312 Certificate Of -Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-312_Certificate_Of_Renewal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-313 Permits -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-313_Permits_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-314 Applications For Work In -Right-Of-Way](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-314_Applications_For_Work_In_Right-Of-Way){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-315 Emergency -Conditions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-315_Emergency_Conditions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-316 Errors Within City -Plans](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-316_Errors_Within_City_Plans){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-317 Validity Of -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-317_Validity_Of_Permit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-318 Expiration Of -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-318_Expiration_Of_Permits){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-319 -Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-319_Inspection){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-320 Reimbursement; Cost Of -Completion](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-320_Reimbursement;_Cost_Of_Completion){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-321 Reimbursement; Cost Of -Repair](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-321_Reimbursement;_Cost_Of_Repair){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-322 -Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-322_Exemption){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-323 -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-323_Revocation){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-324 Violation And -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-324_Violation_And_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 14-301 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-301_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*City utilities* 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. - -*Facilities* 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. - -*Private utilities* 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -Amended by Ord. -[881(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/4/2018\ -* -::: - -<div> - -::: phx-name -[Sec 14-302 Registration -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-302_Registration_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-303 Registration; -Fine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-303_Registration;_Fine){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s business or capacity as - a contractor or subcontractor without a valid registration as - provided in this chapter. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-304 -Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-304_Powers){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-305 Obtaining A Rights-Of-Way Contractor/Subcontractor -Registration; Refusal Of -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-305_Obtaining_A_Rights-Of-Way_Contractor/Subcontractor_Registration;_Refusal_Of_Registration){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'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\' compensation coverage satisfactory under the Workers\' - Compensation Act, or an affidavit of exemption or self-insurance as - authorized pursuant to the Workers\' 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. -2. The city shall refuse to register any person if the city determines: - 1. The application contains false, misleading, or incomplete - information; - 2. The applicant fails or refuses to provide any information - requested by the city; - 3. The applicant fails or refuses to pay the required fees; - 4. The applicant is ineligible for registration due to a suspended - or revoked registration in the state; - 5. The nonresident applicant has a revoked or suspended - registration or license required by law for contractors in - another state; or - 6. The applicant has failed or refuses to submit any taxes due in - the state. -3. 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. -4. The city shall classify as not in good standing the registration of - any contractor who fails to: - 1. Maintain liability insurance coverage; - 2. Maintain workers\' compensation coverage satisfactory under the - Workers\' Compensation Act, or provide an affidavit of exemption - or self-insurance as authorized pursuant to the Workers\' - Compensation Act; - 3. File, renew, or properly amend any fictitious name certificate; - 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; - 5. File or renew a trade name registration; - 6. Maintain or renew a contractor registration as provided in this - chapter; - 7. Notify the city of a change in name, address, legal business - entity, or legal service agent; - 8. Maintain a registration as required by law in another state - while registered in the state as a nonresident contractor; or - 9. File and pay all taxes when due in the state. -5. 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\'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\'s office. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-306 Criminal History Records Search Or Background -Check](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-306_Criminal_History_Records_Search_Or_Background_Check){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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\'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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-307 Contractor/Subcontractor Registration Certificate, Business -Limitations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-307_Contractor/Subcontractor_Registration_Certificate,_Business_Limitations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The holder of a contractor registration certificate governed by this -chapter is entitled to engage in the business within the city\'s -rights-of-way or easements pursuant to the provisions of this chapter, -and subject to the following limitations: - -1. A contractor\'s registration certificate number shall be valid and - in good standing at the time of soliciting a project and during - subsequent job performance; -2. A contractor\'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; -3. A contractor\'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; -4. Upon any change to the name, address, business entity, or legal - service agent of a contractor, the city shall be notified in - writing; -5. 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 -6. A contractor must pay taxes due in the state. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-308 Registration -Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-308_Registration_Fee){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -4. A renewal fee for a contractor registration shall be set by the city - in the city schedule of fees. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-309 Applicability Of Contractor/Subcontractor -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-309_Applicability_Of_Contractor/Subcontractor_Registration){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -This does not apply to any work performed for the city under municipal -contract. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-310 Issuance Or Denial Of -Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-310_Issuance_Or_Denial_Of_Registration){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-311 Change In Contractor\'s Name, Address, Legal Service Agent, -Or Cease Of Business; -Notification](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No later than ten days after the date of a change in a contractor\'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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-312 Certificate Of -Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-312_Certificate_Of_Renewal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\' compensation coverage, unless exempt under the - Administrative Workers\' Compensation Act (85A O.S. § 1 et seq.). - The renewal application need not be notarized. - -2. The city shall refuse to renew a contractor\'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. - -3. If any contractor fails to file a renewal application by the June 30 - deadline, that contractor\'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\'s - registration certificate still has not been renewed, it shall be - revoked for failure to renew. - -4. 1. 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. - 2. 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. - 3. A contractor submitting an application for registration after - suspension or revocation of that contractor\'s registration - certificate must be otherwise eligible for registration under - this chapter. - -5. The city shall include a registration status notation in a - contractor\'s record if the status of registration changes from an - active and valid registration to not in good standing, denied, - suspended or revoked. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-313 Permits -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-313_Permits_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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. - -**Cross reference**--- Building permits, § 5-111; Plumbing, electrical, -mechanical and other permits, § 5-113; Unlawful to cut without permit, § -14-201; Wireless facility permitting, § 14-403. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -Amended by Ord. -[881(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/4/2018\ -* -::: - -<div> - -::: phx-name -[Sec 14-314 Applications For Work In -Right-Of-Way](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-314_Applications_For_Work_In_Right-Of-Way){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. 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: - 1. 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: - 1. Complete tier 1 right-of-way permit application form. - 2. A description of the private utility services that the - applicant will or does offer. - 3. A description of private utilities and/or facilities the - applicant will or proposes to place in, on or over the - rights-of-way. - 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. - 5. 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. - 6. The schedule and date of beginning shall be approved by the - director of community development or their designee. - 7. 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. - 8. 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. -2. 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: - 1. 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: - 1. Complete tier 2 right-of-way permit application form. - 2. A description of the private utility services that the - applicant will or does offer. - 3. A description of private utilities and/or facilities the - applicant will or proposes to place in, on or over the - rights-of-way. - 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. - 5. 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. - 6. The schedule and date of beginning shall be approved by the - director of community development or their designee. - 7. 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. - 8. The linear length of the proposed utility repair pipe or - cable. - 9. 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; -3. 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: - 1. 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. - 2. 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: - 1. Complete tier 3 right-of-way permit application form. - 2. A description of the private utility services that the - applicant will or does offer. - 3. A description of private utilities and/or facilities the - applicant will or proposes to place in, on or over the - rights-of-way. - 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. - 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. - 6. The schedule and date of beginning shall be approved by the - director of community development or their designee. - 7. 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. - 8. 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. - 9. 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; - 10. 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. - 3. If the city deems necessary, the provider shall provide a hold - harmless agreement with the city for the proposed utility. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -Amended by Ord. -[881(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/4/2018\ -* -::: - -<div> - -::: phx-name -[Sec 14-315 Emergency -Conditions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-315_Emergency_Conditions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-316 Errors Within City -Plans](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-316_Errors_Within_City_Plans){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Neither the city nor any employee or agent thereof shall be held -responsible for the accuracy or any error appearing in any map. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-317 Validity Of -Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-317_Validity_Of_Permit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-318 Expiration Of -Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-318_Expiration_Of_Permits){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-319 -Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-319_Inspection){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Upon the date of completion, or when notified by the applicant of the -project\'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 -\"as-built\" plans be submitted when work is accepted by the city. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-320 Reimbursement; Cost Of -Completion](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-320_Reimbursement;_Cost_Of_Completion){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -Amended by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -Amended by Ord. -[881(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/4/2018\ -* -::: - -<div> - -::: phx-name -[Sec 14-321 Reimbursement; Cost Of -Repair](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-321_Reimbursement;_Cost_Of_Repair){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-322 -Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-322_Exemption){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -This chapter does not apply to any work performed for the city under -municipal contract. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-323 -Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-323_Revocation){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -They city shall have the right to revoke the permit of any applicant for -violations of this chapter. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-324 Violation And -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-324_Violation_And_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/17/2017\ -* -::: - -<div> - -::: phx-name -[ARTICLE 14-3B DESIGN AND CONSTRUCTION OF WIRELESS -FACILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3B_DESIGN_AND_CONSTRUCTION_OF_WIRELESS_FACILITIES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 14-401 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-401_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-402 -Applicability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-402_Applicability){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-403 -Permitting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-403_Permitting){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-404 Network Node And Node Support Pole -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-404_Network_Node_And_Node_Support_Pole_Requirements){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-405 Inventory Of Network Node And Node Support -Poles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-405_Inventory_Of_Network_Node_And_Node_Support_Poles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-406 Installations On Traffic Signals, Street Signage, Other -Traffic Control Structures And Lighting -Structures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-406_Installations_On_Traffic_Signals,_Street_Signage,_Other_Traffic_Control_Structures_And_Lighting_Structures){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-407 Reservation Of -Rights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-407_Reservation_Of_Rights){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-408 Interference With Operations And -Liability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-408_Interference_With_Operations_And_Liability){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-409 Signal Interference With City\'s Communications -Infrastructure -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-409_Signal_Interference_With_City's_Communications_Infrastructure_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-410 Abandonment Of Wireless -Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-410_Abandonment_Of_Wireless_Facilities){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-411 Relocation And Removal At Provider\'s -Expense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-411_Relocation_And_Removal_At_Provider's_Expense){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-412 Removal Or Relocation By -Provider](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-412_Removal_Or_Relocation_By_Provider){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-413 Restoration Of Wireless -Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-413_Restoration_Of_Wireless_Facilities){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-414 Provider -Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-414_Provider_Responsibility){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 14-415 Violation And -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-415_Violation_And_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 14-401 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-401_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -For purposes of this chapter, the following terms shall have the -following meanings. - -*Antenna* means communications equipment that transmits or receives -electromagnetic radio frequency signals used in the provision of -wireless services. - -*Collocate* and *collocation* mean the installation, mounting, -maintenance, modification, operation, or replacement of network nodes in -a public right-of-way on or adjacent to a pole. - -*Decorative pole* 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. - -*Macro tower* means a guyed or self-supported pole or monopole greater -than the height parameters of: - -1. 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 -2. Fifty-five feet above ground level; or -3. Supports or is capable of supporting antennas. - -*Micro network node* 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. - -*Network node* means equipment at a fixed location that enables wireless -communications between user equipment and a communications network. The -term includes: - -1. Equipment associated with wireless communications; -2. A radio transceiver, an antenna, a battery-only backup power supply, - and comparable equipment, regardless of technological configuration; - and -3. 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 - -The term does not include: - -1. An electric generator; -2. A pole; or -3. A macro tower. - -*Network provider* or *provider* means: - -1. A wireless service provider; or -2. 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: - 1. Network nodes; or - 2. Node support poles or any other structure that supports or is - capable of supporting a network node. - -*Node support pole* means a pole installed by a network provider for the -primary purpose of supporting a network node. - -*Service pole* 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: - -1. A pole that supports traffic control functions; -2. A structure for signage; -3. A pole that supports lighting, other than a decorative pole; and -4. A pole or similar structure owned or operated by the City and - supporting only network nodes. - -*Small cell* shall be included as a type of \"network node.\" - -*Utility pole* means a pole that provides: - -1. Electric distribution with a voltage rating of not more than 34.5 - kilovolts; or -2. Services a telecommunications provider. - -*Wireless service* 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. - -*Wireless service provider* means a person that provides wireless -service to the public. - -*Wireless facilities* means \"micro network nodes,\" \"network nodes,\" -and \"node support poles,\" as those terms are defined in this section, -and related ground equipment. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-402 -Applicability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-402_Applicability){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s public - right-of-way or on city owned property. -2. 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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-403 -Permitting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-403_Permitting){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Attachments to existing poles or structures*. 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: - 1. 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. - 2. 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; - 3. 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; - 4. Geographic information system (GIS) data for the location of - each proposed wireless facility in the form required by the - city; - 5. Detailed drawings, with calculations, showing strict conformity - to the size limitations as set forth in this chapter; - 6. 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\'s - traffic signal system, public safety radio system, private - police cell system, or other city communications infrastructure; - 7. 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; - 8. 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; - 9. 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; - 10. 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; - 11. 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; - 12. 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 - 13. 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 - 14. The information required to be submitted for construction in - rights-of-way by article A of this chapter. -2. *Electrical supply*. - 1. Provider shall be responsible for obtaining any required - electrical power service to the provider\'s wireless facilities. - Provider\'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; - 2. 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; - 3. A commercial electrical permit is required for all electrical - power service work. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -Amended by Ord. -[987(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_987(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 9/20/2021\ -* -::: - -<div> - -::: phx-name -[Sec 14-404 Network Node And Node Support Pole -Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-404_Network_Node_And_Node_Support_Pole_Requirements){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Installation*. 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: - 1. 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; - 2. 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; - 3. 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\'s name and contact information; - 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; - 5. Use of city conduits for a provider\'s wireless facilities is - prohibited; - 6. Network node attachments to a pole shall be installed at least - eight feet above the ground; - 7. 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; - 8. 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; - 9. 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; -2. *Inspections*. - 1. The city may perform visual inspections of any wireless - facilities located in the public right-of-way as the city deems - appropriate without notice. - 2. 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. - 3. The city shall perform electrical inspections to the electrical - supply systems as required by part 5, chapter 4 of this Code. -3. *Placement*. - 1. *Design conditions*. 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. - 2. *Decorative poles*. Provider shall neither allow the - installation of, nor install wireless facilities on a decorative - pole. - 3. *Public right-of-way*. 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. - 1. 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. - 4. *Notice to remove unauthorized wireless facilities and penalty*. - 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\'s contractor, subcontractor, - or vendor installed the wireless facility in strict conformity - with this chapter. -4. *Generators*. Provider shall not allow or install generators or - back-up generators in the public right-of-way. -5. *Equipment dimensions*. - 1. Each antenna that does not have exposed elements and is attached - to an existing structure or pole must: - 1. Be located inside an enclosure of not more than six cubic - feet in volume; - 2. Not exceed a height of three feet above the existing - structure or pole; and - 3. Not protrude from the outer circumference of the existing - structure or pole by more than five feet. - 2. If an antenna has exposed elements and is attached to an - existing structure or pole, the antenna and all of the - antenna\'s exposed elements must: - 1. Fit within an imaginary enclosure of not more than six cubic - feet; - 2. Not exceed a height of three feet above the existing - structure or pole; and - 3. Not protrude from the outer circumference of the existing - structure or pole by more than five feet. - 3. The cumulative size of other wireless equipment associated with - the network node attached to the existing structure or pole may - not: - 1. Be more than 28 cubic feet in volume; or - 2. Protrude from the outer circumference of the existing - structure or pole by more than five feet. - 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. - 5. 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\'s construction standards. -6. *Signage*. - 1. 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. - 2. Provider shall not post any other signage or advertising on the - node support poles and network nodes, or utility pole. -7. *Ground equipment*. - 1. *Ground equipment near street corners and intersections.* 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. - 2. *Ground equipment density.* To enhance the safety requirements - of line of sight of pedestrians, particularly small children, - the city may deny a request for a proposed location. -8. *Maintenance*. - 1. *Repair*. 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. - 2. *Graffiti abatement*. 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. - 3. *Tree maintenance*. Provider and/or its contractors or agents - shall obtain written permission from the city before trimming - trees hanging over the provider\'s wireless facilities to - prevent branches of such trees from contacting the provider\'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\'s actions under this section. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -Amended by Ord. -[987(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_987(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 9/20/2021\ -* -::: - -<div> - -::: phx-name -[Sec 14-405 Inventory Of Network Node And Node Support -Poles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-405_Inventory_Of_Network_Node_And_Node_Support_Poles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s written - request, provider shall provide the information within 30 days of - city\'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. -2. In the event provider\'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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -Amended by Ord. -[943(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349306_943%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/4/2020\ -* -::: - -<div> - -::: phx-name -[Sec 14-406 Installations On Traffic Signals, Street Signage, Other -Traffic Control Structures And Lighting -Structures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-406_Installations_On_Traffic_Signals,_Street_Signage,_Other_Traffic_Control_Structures_And_Lighting_Structures){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. Installation of wireless facilities on any traffic signal structure - shall: - 1. Be encased in a separate conduit than the traffic signal or - lighting electronics; - 2. Have a separate electric power connection than the traffic - signal or lighting structure; and - 3. Have a separate access point than the traffic signal or lighting - structure; -3. 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\'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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-407 Reservation Of -Rights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-407_Reservation_Of_Rights){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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\'s operations and protects - public safety. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-408 Interference With Operations And -Liability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-408_Interference_With_Operations_And_Liability){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s wireless facilities for whatever reason, including - damage resulting from vehicular collisions, weather-related events, - or malicious attacks. -2. The city shall not be liable to a provider by reason of - inconvenience, annoyance, or injury to the provider\'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\'s fixtures, appurtenances, or equipment. The city - will use reasonable efforts not to cause material interference to - provider\'s operation of its wireless facilities. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-409 Signal Interference With City\'s Communications -Infrastructure -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-409_Signal_Interference_With_City's_Communications_Infrastructure_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *No interference*. In the event that provider\'s wireless facilities - interfere with the city\'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\'s notice to address the source of the interference as soon as - practicable, but in no event later than 24 hours of receiving - notice. -2. 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. - 1. Additionally, the provider shall include any additional - information relevant to the execution of the remediation plan. - 2. 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. -3. Following installation or modification of a network node, the city - may require provider to test the network node\'s radio frequency and - other functions to confirm it does not interfere with the city\'s - facilities, services, or operations. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-410 Abandonment Of Wireless -Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-410_Abandonment_Of_Wireless_Facilities){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-411 Relocation And Removal At Provider\'s -Expense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-411_Relocation_And_Removal_At_Provider's_Expense){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. Provider\'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. -3. 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\'s actual cost of removal - of provider\'s wireless facility within 30 days of receiving an - invoice from the city. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-412 Removal Or Relocation By -Provider](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-412_Removal_Or_Relocation_By_Provider){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The city shall not issue any refunds for any amounts paid by - provider for wireless facilities that have been removed. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-413 Restoration Of Wireless -Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-413_Restoration_Of_Wireless_Facilities){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Provider shall repair any damage to the public right-of-way and the -property of any third party resulting from provider\'s removal or -relocation activities or any other of provider\'s activities within ten -days following the date of such removal, relocation, or activity, at -provider\'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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-414 Provider -Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-414_Provider_Responsibility){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Provider shall be responsible and liable for the acts and omissions of -provider\'s employees, temporary employees, officers, directors, -consultants, agents, affiliates, subsidiaries, and subcontractors in -connection with the performance of activities within the city\'s public -right-of-way, as if such acts or omissions were provider\'s acts or -omissions. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -* -::: - -<div> - -::: phx-name -[Sec 14-415 Violation And -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-415_Violation_And_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/18/2017\ -* -::: - -<div> - -::: {.phx-name .phx-break} -[PART 15 TRAFFIC AND -VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_15_TRAFFIC_AND_VEHICLES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 15-1 GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-1_GENERAL_PROVISIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-2 TRAFFIC-CONTROL -DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-2_TRAFFIC-CONTROL_DEVICES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-3 -EQUIPMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-3_EQUIPMENT){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-4 CERTAIN VEHICLES -PROHIBITED](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-4_CERTAIN_VEHICLES_PROHIBITED){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-5 DRIVING, OVERTAKING AND -PASSING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-5_DRIVING,_OVERTAKING_AND_PASSING){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-6 STOPPING, STANDING AND -PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-6_STOPPING,_STANDING_AND_PARKING){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-7 SPEED -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-7_SPEED_REGULATIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-8 -RIGHT-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-8_RIGHT-OF-WAY){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-9 TURNING -MOVEMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-9_TURNING_MOVEMENTS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-10 ONE-WAY STREETS AND -ALLEYS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-10_ONE-WAY_STREETS_AND_ALLEYS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-11 TRUCK ROUTES AND -PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-11_TRUCK_ROUTES_AND_PARKING){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-12 LOADING -ZONES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-12_LOADING_ZONES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-13 PUBLIC CARRIER -STOPS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-13_PUBLIC_CARRIER_STOPS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-14 -ACCIDENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-14_ACCIDENTS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-15 -MOTORCYCLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-15_MOTORCYCLES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-16 -BICYCLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-16_BICYCLES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-17 -PEDESTRIANS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-17_PEDESTRIANS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-18 -ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-18_ENFORCEMENT){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-19 IMPOUNDMENT OF -VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-19_IMPOUNDMENT_OF_VEHICLES){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 15-20 PENALTIES AND ARREST -PROCEDURE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-20_PENALTIES_AND_ARREST_PROCEDURE){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[CHAPTER 15-1 GENERAL -PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-1_GENERAL_PROVISIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-101 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-101_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-102 Security Verification -Form](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-102_Security_Verification_Form){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-103 Vehicle Owner Not To Permit Or Authorize Violation Of Law Or -This -Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-103_Vehicle_Owner_Not_To_Permit_Or_Authorize_Violation_Of_Law_Or_This_Chapter){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-104 Parent Or Guardian Not To Authorize Or Permit Child Or Ward -To Violate -Chapter](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){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-105 Adoption Of State Vehicle -Laws](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-105_Adoption_Of_State_Vehicle_Laws){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-101 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-101_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Alley* 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. - -*Arterial street* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-102. - -*Authorized emergency vehicle* means: - -1. Vehicles of fire departments; -2. Ambulances or vehicles specified pursuant to 63 O.S. § 1-2512(B) of - licensed ambulance service providers; -3. State vehicles of law enforcement agencies; -4. County vehicles of sheriffs and full-time commissioned deputies and - vehicles designated by the sheriff for support of the sheriff\'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; -5. Municipal vehicles of police departments; -6. Vehicles owned and operated by the United States Marshals Service or - the Federal Bureau of Investigation; -7. Vehicles of the Oklahoma National Guard units designated by the - Adjutant General for support to civil authorities; or -8. Vehicles owned and operated by any local organization for emergency - management as defined by 63 O.S. § 683.3. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-103. - -*Bicycle* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-104. - -*Boulevard* or *through street* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-175. - -*Bus* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-105. - -*Business district* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-106. - -*Bus loading zone* means a place adjacent to a curb reserved for the -exclusive use of vehicles during the loading or unloading of passengers. - -*Commercial chauffeur* and *chauffeur* 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---1-107.3. - -*Commercial vehicles*. - -1. *Class A*. 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. -2. *Class B*. 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. -3. *Class C*. Any single vehicle or combination of vehicles, other than - a Class A or Class B vehicle as defined above, which is: - 1. Required to be placarded for hazardous materials under 49 CFR - 172, subpart F; or - 2. Designed by the manufacturer to transport 16 or more persons, - including the driver. -4. *Class D*. - 1. A Class D motor vehicle is any motor vehicle or combination of - vehicles which: - 1. Regardless of weight: - 1. Is marked and used as an authorized emergency vehicle, - as defined in section 15-101; or - 2. Is designed and used solely as a recreational vehicle; - 2. Is a single or combination vehicle with a gross combined - weight rating of less than 26,001 pounds; - 3. Is a single or combination farm vehicle with a gross - combined weight rating of more than 26,001 pounds if: - 1. It is entitled to be registered with a farm tag and has - a farm tag attached thereto; - 2. It is controlled and operated by a farmer, his family or - employees; - 3. It is used to transport either agricultural products, - farm machinery, farm supplies or any combination of - those materials to or from a farm; - 4. It is not used in the operations of a common or contract - motor carrier; and - 5. It is used within 150 air miles of the person\'s farm or - as otherwise provided by federal law; or - 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: - 1. The properly licensed employee who ordinarily operates a - commercial vehicle for these purposes is unable to - operate the vehicle; or - 2. The employing governmental entity determines that a snow - or ice emergency requires additional assistance. - 2. A Class D motor vehicle shall not include any vehicle which is: - 1. Designed to carry 16 or more passengers, including the - driver; or - 2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. §§ -1-107.1---1-107.4. - -*Crosswalk* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-111. - -*Curb loading zones* means a space adjacent to a curb reserved for the -exclusive use of vehicles during the loading or unloading of passengers, -freight or materials. - -*Curb* means the edge of a roadway marked or understood as such. - -*Daytime* means one-half hour before sunrise until one-half hour after -sunset. The term \"nighttime\" means any other time. - -*Double park* means the standing or stopping of a vehicle, whether -occupied or not, on the roadway. - -*Driver* means every person who drives or is in actual physical control -of a vehicle. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-114. - -*Emergency* 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. - -*Explosives* means as defined in 49 CFR 173. - -*Flammable liquid* 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. - -*Intersection means:* - -1. 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 -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-126. - -*Laned roadway* means a roadway which is divided into two or more -clearly marked lanes for vehicular traffic. - -*License to operate a motor vehicle* means: - -1. Any valid driver\'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. -2. Any nonresident\'s operating privilege as defined in section 47 O.S. - § 1-138, which is evidenced by the lawful possession of a valid - driver\'s license or permit to operate a motor vehicle issued under - the laws of another state. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-128. - -*Motorcycle* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-135. - -*Motor-driven cycle* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-136. - -*Metal tire* means every tire, the surface of which in contact with the -highway is wholly or partly of metal or other hard, nonresilient -material. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-133. - -*Motor vehicle* means every vehicle which is self-propelled and every -vehicle not operated upon rails. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-134. - -*Motor vehicle accident* is defined and classified as in the \"Manual on -Classification of Motor Vehicle Traffic Accidents\" prepared by the -Committee on Uniform Traffic Accident Statistics, Traffic Conference, -and distributed by the National Safety Council. - -*Muffler* 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. - -*Official traffic-control devices* 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 \"Manual on Uniform Traffic Control Devices for -Streets and Highways,\" published by the U.S. Department of -Transportation, a copy of which is on file. - -*Operator* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-149. - -*Owner* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-141. - -*Park* or *parking* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-142. - -*Passenger* means a rider in any vehicle other than the driver. - -*Pedestrian* means any person afoot. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-143. - -*Police officer* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-147. - -*Private road* or *driveway* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-148. - -*Railroad* means a carrier of persons or property operated upon -stationary rails. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-149. - -*Railroad sign* or *signal* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-150. - -*Railroad train* means a steam engine, electric or other motor, with or -without cars coupled thereto, operated upon rail. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-151. - -*Registration* means the registration certificates and registration -plates issued under the laws of the state pertaining to the registration -of vehicles. - -*Residence district* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-154. - -*Revocation of driver\'s license* or *revocation of driving privilege* -means the termination by formal action of the department of a person\'s -driver\'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\'s driver\'s license. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-155. - -*Right-of-way* means the privilege of the immediate use of the roadway. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-156. - -*Road tractor* 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. - -*Roadway* 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 -\"roadway\" as used herein refers to any such roadway separately but not -to all such roadways collectively. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-158. - -*Safety zone* or *island* 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. - -*School bus* 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 \"school bus\" 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-160. - -*Semi-trailer* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-162. - -*Shoulder* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-158. - -*Sidewalk* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-163. - -*Solid tire* means every tire of rubber or other resilient material -which does not depend upon compressed air for the support of the load. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-164. - -*Stand* or *standing* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-167. - -*Stop*, when required, means complete cessation from movement. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-169. - -*Stop* or *stopping*, 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-170. - -*Street* or *highway* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-122. - -*Suspension of driver\'s license orsuspension of driver\'s privilege* -means the temporary withdrawal by formal action of the department of a -person\'s driver\'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\'s driver\'s -license. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-173. - -*Taxicab* 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: - -1. 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; -2. Motor vehicles operated by the owner where the cost of operation is - shared by the passengers on a \"share the expense plan\"; or -3. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-174. - -*Through street* or *highway* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-175. - -*Traffic* means pedestrians, ridden or herded animals, vehicles and -other conveyances, either single or together, while using any highway -for purposes of travel. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-177. - -*Traffic-control signal* means any device, whether manually, -electrically or mechanically operated, by which traffic is alternatively -directed to stop, proceed or proceed with caution. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-178. - -*Traffic lane* means the portion of the traveled way for the movement of -a single line of vehicles. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-179. - -*Trailer* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-180. - -*Truck* means every motor vehicle designed, used or maintained primarily -for the transportation of property. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-182. - -*Urban district* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-185. - -*U-turn* means turning a vehicle around so as to proceed in the opposite -direction. - -*Vehicle* 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 1-186. - -*Yield* 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-102 Security Verification -Form](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-102_Security_Verification_Form){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The following shall not be required to carry an owner\'s or - operator\'s security verification form or an equivalent form from - the department of public safety during operation of the vehicle: - 1. Any vehicle owned or leased by the federal or state government, - or any agency or political subdivision thereof; - 2. 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---7-607, - according to the records of the state department of public - safety which reflect a deposit, bond, self-insurance, or fleet - policy; - 3. Any vehicle authorized for operation pursuant to a permit number - issued by the interstate commerce commission or the corporation - commission; - 4. Any licensed taxicab; and - 5. Any vehicle owned by a licensed motor vehicle dealer. -3. 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:\ - *\ - Compulsory Insurance Law* 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.\ - *\ - Online verification system for motor vehicle insurance* 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.\ - *\ - Operator\'s policy* means an operator\'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\'s - policy.\ - *\ - Owner\'s policy* means an owner\'s policy of liability insurance - which: - 1. Shall designate by explicit description or by appropriate - reference all vehicles with respect to which coverage is thereby - to be granted; - 2. 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; - 3. May provide for exclusions from coverage in accordance with - existing laws; and - 4. Shall be issued by an authorized carrier providing coverage in - accordance with 47 O.S. § 7-204. - - *Security* means: - 1. A policy or bond meeting the requirements of 47 O.S. § 7-204; - 2. 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 - 3. 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. - - *Security verification form* means a form, approved by the state - insurance commissioner, verifying the existence of security required - by the Compulsory Insurance Law of the state. -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. -5. 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: - 1. 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 - 2. 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. -6. A sentence imposed for any violation of this section may be - suspended or deferred in whole or in part by the court. -7. 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. -8. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 7-601 et seq. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-103 Vehicle Owner Not To Permit Or Authorize Violation Of Law Or -This -Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-103_Vehicle_Owner_Not_To_Permit_Or_Authorize_Violation_Of_Law_Or_This_Chapter){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-104 Parent Or Guardian Not To Authorize Or Permit Child Or Ward -To Violate -Chapter](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-105 Adoption Of State Vehicle -Laws](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-105_Adoption_Of_State_Vehicle_Laws){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -There is hereby adopted and incorporated herein by reference the state -motor vehicle code, 47 O.S. § 1-101 et seq., and the state \"Rules of -the Road,\" 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-2 TRAFFIC-CONTROL -DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-2_TRAFFIC-CONTROL_DEVICES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-201 Authority To Install Traffic-Control -Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-201_Authority_To_Install_Traffic-Control_Devices){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-202 Design And Construction Of Traffic-Control Devices; Manual -Of -Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-202_Design_And_Construction_Of_Traffic-Control_Devices;_Manual_Of_Specifications){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-203 Traffic Signs Required For -Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-203_Traffic_Signs_Required_For_Enforcement){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-204 Obedience To Official Traffic-Control -Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-204_Obedience_To_Official_Traffic-Control_Devices){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-205 Obedience To Signal Indicating Approach Of -Train](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-205_Obedience_To_Signal_Indicating_Approach_Of_Train){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-206 Traffic-Control Signal -Legend](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-206_Traffic-Control_Signal_Legend){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-207 Pedestrian-Control -Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-207_Pedestrian-Control_Signals){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-208 Flashing -Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-208_Flashing_Signals){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-209 Pedestrian-Activated School Crossing -Signal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-209_Pedestrian-Activated_School_Crossing_Signal){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-210 Display Of Unauthorized Signs Or Signals, Political -Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-210_Display_Of_Unauthorized_Signs_Or_Signals,_Political_Signs){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-211 Defacing Or Removing Traffic-Control -Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-211_Defacing_Or_Removing_Traffic-Control_Devices){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-212 Designation Of Crosswalks And Safety -Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-212_Designation_Of_Crosswalks_And_Safety_Zones){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-201 Authority To Install Traffic-Control -Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-201_Authority_To_Install_Traffic-Control_Devices){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-202 Design And Construction Of Traffic-Control Devices; Manual -Of -Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-202_Design_And_Construction_Of_Traffic-Control_Devices;_Manual_Of_Specifications){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -All traffic-control signs, signals and devices shall conform to the -latest edition of the \"Manual on Uniform Traffic Control Devices for -Streets and Highways,\" 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. - -**State Law reference**--- Uniform manual adopted by state, state -approval required on state highways, 47 O.S. § 15-104 et seq. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-203 Traffic Signs Required For -Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-203_Traffic_Signs_Required_For_Enforcement){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-201. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-204 Obedience To Official Traffic-Control -Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-204_Obedience_To_Official_Traffic-Control_Devices){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-201. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-205 Obedience To Signal Indicating Approach Of -Train](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-205_Obedience_To_Signal_Indicating_Approach_Of_Train){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. A clearly visible electric or mechanical signal device gives - warning of the immediate approach of a railroad train; - 2. 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; - 3. 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; - 4. An approaching railroad train is plainly visible and is in - hazardous proximity to such crossing; and - 5. The tracks at the crossing are not clear -2. 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. -3. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-701. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-206 Traffic-Control Signal -Legend](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-206_Traffic-Control_Signal_Legend){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Whenever traffic is controlled by traffic-control signals exhibiting the -word \"Go,\" \"Caution\" or \"Stop,\" 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: - -1. *Green alone* or \"*Go*.\" - 1. 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; - 2. 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 - 3. Unless otherwise directed by a pedestrian-control signal, - pedestrians facing the signal may proceed across the roadway - within any marked or unmarked crosswalk; -2. *Steady yellow alone*. - 1. Vehicular traffic facing a steady circular yellow or yellow - arrow signal is thereby warned that the red or \"Stop\" signal - will be exhibited immediately thereafter, and such vehicular - traffic shall not enter or be crossing the intersection when the - red or \"Stop\" signal is exhibited; and - 2. 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; -3. *Steady red alone* or \"*Stop*.\" - 1. 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 \"No Turn - on Red\" 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; - 2. No pedestrian facing such signal shall enter the roadway until - the green or \"Go\" is shown alone or until authorized so to do - by a pedestrian \"Walk\" signal; and -4. *Steady red with green arrow*. - 1. 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; - 2. No pedestrian facing such signal shall enter the roadway until - the green or \"Go\" is shown alone or until authorized so to do - by pedestrian \"Walk\" signal; and - 3. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-202. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-207 Pedestrian-Control -Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-207_Pedestrian-Control_Signals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Whenever special pedestrian-control signals exhibiting the term \"Walk\" -or \"Wait\" or \"Don\'t Walk\" are in place, such signals shall indicate -as follows: - -1. \"*Walk*.\" 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 -2. \"*Wait*,\" \"*Don\'t Walk*.\" 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 \"Wait\" signal is - showing. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-203. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-208 Flashing -Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-208_Flashing_Signals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. *Flashing red (stop signal)*. 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 - 2. *Flashing yellow (caution signal)*. 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. -2. This section shall not apply at railroad grade crossings. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-204. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-209 Pedestrian-Activated School Crossing -Signal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-209_Pedestrian-Activated_School_Crossing_Signal){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Whenever a pedestrian-activated school crossing signal is provided, it -requires obedience by vehicular traffic and pedestrians as follows: - -1. *Flashing yellow*. - 1. 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 - 2. 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; -2. *Steady yellow alone*. - 1. Vehicular traffic facing the signal is thereby warned that the - red or \"Stop\" 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 \"Stop\" signal - is exhibited; and - 2. No pedestrian shall enter the roadway or intersection on which - the signal controls vehicular traffic until steady red alone is - shown; -3. *Steady red*. - 1. 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 - 2. 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 -4. *Steady red and steady yellow combined*. - 1. 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 - 2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-205. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-210 Display Of Unauthorized Signs Or Signals, Political -Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-210_Display_Of_Unauthorized_Signs_Or_Signals,_Political_Signs){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -4. The city is empowered to remove every such prohibited sign, signal, - marking or device without notice. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-206. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-211 Defacing Or Removing Traffic-Control -Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-211_Defacing_Or_Removing_Traffic-Control_Devices){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-212 Designation Of Crosswalks And Safety -Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-212_Designation_Of_Crosswalks_And_Safety_Zones){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The city manager, subject to direction by the council, is authorized to: - -1. 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 -2. Establish safety zones or islands of such kind and character and at - such places as he may deem necessary for the protection of - pedestrians. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-3 -EQUIPMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-3_EQUIPMENT){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-301 Equipment Required; Use Of -Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-301_Equipment_Required;_Use_Of_Equipment){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-302 Muffler Required, -Cutouts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-302_Muffler_Required,_Cutouts){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-303 Width, Height, Length, Weight And -Load](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-303_Width,_Height,_Length,_Weight_And_Load){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-304 Windshields To Be Unobstructed; Wipers -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-304_Windshields_To_Be_Unobstructed;_Wipers_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-305 Inspection Of -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-305_Inspection_Of_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-306 Vehicles To Be Registered, Display Of -Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-306_Vehicles_To_Be_Registered,_Display_Of_Tags){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-301 Equipment Required; Use Of -Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-301_Equipment_Required;_Use_Of_Equipment){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -**State Law reference**--- Equipment required on vehicles, 47 O.S. § -12-101 et seq. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-302 Muffler Required, -Cutouts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-302_Muffler_Required,_Cutouts){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 12-402. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-303 Width, Height, Length, Weight And -Load](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-303_Width,_Height,_Length,_Weight_And_Load){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Vehicle size, weight and load, 11 O.S. § -14-101 et seq. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-304 Windshields To Be Unobstructed; Wipers -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-304_Windshields_To_Be_Unobstructed;_Wipers_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - *Critical area* means the area cleaned by the normal sweep of the - windshield wiper blade on the driver\'s side. The area covered by - the wiper blade cannot be reduced from manufacturer\'s original - specifications.\ - *Noncritical areas* means all other areas.\ - *Outright breakage* 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.\ - *Star break* or *shot damage* means a vented break with cracks - radiating from the point of impact.\ - *Stress* or *hairline crack* means a crack which has no visible - point of impact. -2. No person shall operate any motor vehicle which: - 1. Is not equipped with a windshield; - 2. Has any outright breakage in the windshield or in the window on - either side of the driver; - 3. Has any star break or shot damage, three inches or more in - diameter, located in the critical area; or - 4. Has two or more stress or hairline cracks, 12 inches or more in - combined length, located in the critical area. -3. 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\'s clear view of the - highway ahead or to either side or of any intersecting highway. -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. -5. 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\'s specification. - -**State Law reference**--- Similar provisions, 47 O.S. § 12-404. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-305 Inspection Of -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-305_Inspection_Of_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- State officers may inspect vehicles, 47 O.S. -§§ 13-102, 13-103. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-306 Vehicles To Be Registered, Display Of -Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-306_Vehicles_To_Be_Registered,_Display_Of_Tags){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. - 1. [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]{style="color: rgb(0, 128, 0); text-decoration-line: underline;"}[.]{style="color: rgb(0, 128, 0); text-decoration-line: underline;"}\ -2. 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. -3. 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: - 1. Registration certificate or an official copy thereof; - 2. True copy of rental or lease documentation issued for a motor - vehicle; - 3. Registration certificate or an official copy thereof issued for - a replacement vehicle in the same registration period; - 4. Temporary receipt printed upon self-initiated electronic renewal - of a registration via the internet; or - 5. Cab card issued for a vehicle registered under the International - Registration Plan. -4. The provisions of subsection (C) of this section shall not apply to - the first 30 days after purchase of a replacement vehicle. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -Amended by Ord. -[913(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287942_Ordinance%20913(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/3/2019\ -Amended by Ord. -[1010.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1010.22.pdf){.k-link -target="_blank" style="color:#0000EE"} on 7/18/2022\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-4 CERTAIN VEHICLES -PROHIBITED](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-4_CERTAIN_VEHICLES_PROHIBITED){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-401 Vehicles Injurious To Streets; Metal Tires -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-401_Vehicles_Injurious_To_Streets;_Metal_Tires_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-402 Obstructive And Dangerous Vehicles; Covering Of -Loads](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-402_Obstructive_And_Dangerous_Vehicles;_Covering_Of_Loads){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-403 Permit For Vehicles With Protruding Parts On -Wheels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-403_Permit_For_Vehicles_With_Protruding_Parts_On_Wheels){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-404 Deposit Of Glass, Nails Or Other Injurious Matter In -Streets; Responsibility To Remove After -Accident](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){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-401 Vehicles Injurious To Streets; Metal Tires -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-401_Vehicles_Injurious_To_Streets;_Metal_Tires_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. - -2. 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. - -3. 1. 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: - 1. To use farm tractors or implements of husbandry with tires - having protuberances which will not injure the highway; - 2. 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 - 3. 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. - 2. The exceptions permitted in subsection (C)(1) of this section - shall be subject to the following restrictions: - 1. The use of such tires or tire chains shall be limited to - vehicles with rated capacities up to and including two tons; - 2. 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 - 3. 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. - -4. Operator selectable \"on demand\" 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: - 1. The use of such tires shall be limited to vehicles with rated - capacities up to and including two tons; - 2. 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. - -5. 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: - 1. On which the ply or cord is exposed in the tread area; - 2. 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; - 3. Marked \"Farm Implement Only,\" \"Not for Highway Use,\" 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; - 4. On which any bulges, bumps, or knots show in the tread or - sidewall area; or - 5. On the front steering axle of a truck-tractor which has tread - depth measuring less than four-thirty-seconds inch. - -6. 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. - -7. 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. - -(Ord. No. 152(96), 4-15-1996; Ord. No. 202(97), 8-18-1997) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-402 Obstructive And Dangerous Vehicles; Covering Of -Loads](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-402_Obstructive_And_Dangerous_Vehicles;_Covering_Of_Loads){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 14-105. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-403 Permit For Vehicles With Protruding Parts On -Wheels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-403_Permit_For_Vehicles_With_Protruding_Parts_On_Wheels){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-404 Deposit Of Glass, Nails Or Other Injurious Matter In -Streets; Responsibility To Remove After -Accident](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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\'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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1110. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-5 DRIVING, OVERTAKING AND -PASSING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-5_DRIVING,_OVERTAKING_AND_PASSING){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-501 Driving On Right Side Of Roadway, -Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-501_Driving_On_Right_Side_Of_Roadway,_Exception){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-502 Passing Vehicles Proceeding In Opposite -Direction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-502_Passing_Vehicles_Proceeding_In_Opposite_Direction){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-503 Passing Vehicle On -Left](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-503_Passing_Vehicle_On_Left){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-504 Passing Vehicle On -Right](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-504_Passing_Vehicle_On_Right){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-505 Passing Requirements, Duty Of Overtaken -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-505_Passing_Requirements,_Duty_Of_Overtaken_Vehicle){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-506 Passing -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-506_Passing_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-507 Designation Of No-Passing -Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-507_Designation_Of_No-Passing_Zones){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-508 School Buses; Markings; Passing -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-508_School_Buses;_Markings;_Passing_Regulations){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-509 Driving On Laned Roadways, Marking Traffic -Lanes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-509_Driving_On_Laned_Roadways,_Marking_Traffic_Lanes){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-510 Driving On Divided -Highways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-510_Driving_On_Divided_Highways){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-511 Following Too -Closely](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-511_Following_Too_Closely){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-512 Restricted-Access -Roadways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-512_Restricted-Access_Roadways){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-513 Driving Through Service -Drives](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-513_Driving_Through_Service_Drives){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-514 Reckless -Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-514_Reckless_Driving){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-515 Careless Or Negligent -Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-515_Careless_Or_Negligent_Driving){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-516 Inattention To Driving; Texting While -Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-516_Inattention_To_Driving;_Texting_While_Driving){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-517 Driving Over Fire -Hose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-517_Driving_Over_Fire_Hose){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-518 Following Fire Or Emergency -Apparatus](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-518_Following_Fire_Or_Emergency_Apparatus){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-519 Procedure On Approach Of Emergency -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-519_Procedure_On_Approach_Of_Emergency_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-520 Driving Under The Influence While Under -Age](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-520_Driving_Under_The_Influence_While_Under_Age){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-521 Driver\'s License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-521_Driver's_License_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-522 Driving While License Suspended, Use Of False -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-522_Driving_While_License_Suspended,_Use_Of_False_License){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-523 Permitting Unlicensed Person To -Drive](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-523_Permitting_Unlicensed_Person_To_Drive){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-524 Driving Through Funeral -Processions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-524_Driving_Through_Funeral_Processions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-525 Driving In Funeral -Procession](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-525_Driving_In_Funeral_Procession){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-526 Identification Of Funeral -Processions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-526_Identification_Of_Funeral_Processions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-527 Use Of Roller Skates, Coasters, Skateboards On -Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-527_Use_Of_Roller_Skates,_Coasters,_Skateboards_On_Roadway){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-528 Play Streets -Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-528_Play_Streets_Authorized){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-529 Use Of Play Streets By Motor -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-529_Use_Of_Play_Streets_By_Motor_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-530 Obstructing Intersection Or -Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-530_Obstructing_Intersection_Or_Crosswalk){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-531 Driving On Sidewalk -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-531_Driving_On_Sidewalk_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-532 Driving In Public Parks And Other Properties -Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-532_Driving_In_Public_Parks_And_Other_Properties_Restricted){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-533 Driving On Property Without -Permission](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-533_Driving_On_Property_Without_Permission){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-534 Starting Stopped Or Parked -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-534_Starting_Stopped_Or_Parked_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-535 Backing Of -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-535_Backing_Of_Vehicle){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-536 Opening And Closing Vehicle -Door](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-536_Opening_And_Closing_Vehicle_Door){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-537 Obstructions To Driver\'s View, Number In Front Seat; -Overloading School -Bus](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-537_Obstructions_To_Driver's_View,_Number_In_Front_Seat;_Overloading_School_Bus){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-538 Clinging To -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-538_Clinging_To_Vehicle){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-539 Boarding Or Alighting From Moving -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-539_Boarding_Or_Alighting_From_Moving_Vehicle){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-540 Riding Outside Vehicle -Compartment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-540_Riding_Outside_Vehicle_Compartment){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-541 Driving Through Safety -Zone](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-541_Driving_Through_Safety_Zone){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-542 Child Passenger Restraint System Or Seat Belt Required; -Exceptions; -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-542_Child_Passenger_Restraint_System_Or_Seat_Belt_Required;_Exceptions;_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-543 Seat Belts Required For Front Seat Passengers; -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-543_Seat_Belts_Required_For_Front_Seat_Passengers;_Exceptions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-544 Certain Vehicles To Stop At All Railroad -Crossings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-544_Certain_Vehicles_To_Stop_At_All_Railroad_Crossings){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-545 Approaching Stationary Emergency Vehicle Displaying Flashing -Lights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-545_Approaching_Stationary_Emergency_Vehicle_Displaying_Flashing_Lights){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-546 Procedures For Motor Vehicles Required To Merge In -Maintenance And Construction -Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-546_Procedures_For_Motor_Vehicles_Required_To_Merge_In_Maintenance_And_Construction_Zones){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-501 Driving On Right Side Of Roadway, -Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-501_Driving_On_Right_Side_Of_Roadway,_Exception){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Upon all roadways of sufficient width a vehicle shall be driven upon - the right half of the roadway, except as follows: - 1. When overtaking and passing another vehicle proceeding in the - same direction under the laws governing such movement; - 2. 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; - 3. Upon a roadway divided into three marked lanes for traffic under - the laws applicable thereon; - 4. Upon a roadway restricted to one-way traffic; or - 5. Upon a roadway having four or more lanes for moving traffic and - providing for two-way movement of traffic. -2. 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. -3. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-301. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-502 Passing Vehicles Proceeding In Opposite -Direction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-502_Passing_Vehicles_Proceeding_In_Opposite_Direction){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-302. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-503 Passing Vehicle On -Left](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-503_Passing_Vehicle_On_Left){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. 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; -2. 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 -3. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-303. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-504 Passing Vehicle On -Right](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-504_Passing_Vehicle_On_Right){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The driver of a vehicle may overtake and pass upon the right of - another vehicle only under the following conditions: - 1. When the vehicle overtaken is making or about to make a left - turn; - 2. 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 - 3. 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. -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-304. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-505 Passing Requirements, Duty Of Overtaken -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-505_Passing_Requirements,_Duty_Of_Overtaken_Vehicle){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-305. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-506 Passing -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-506_Passing_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No vehicle shall at any time be driven to the left side of the - roadway under the following conditions: - 1. When approaching the crest of a grade or upon a curve in the - highway where the driver\'s view is obstructed within such - distance as to create a hazard in the event another vehicle - might approach from the opposite direction; - 2. When traversing an intersection or railroad grade crossing; or - 3. When the view is obstructed upon approaching within 100 feet of - any bridge, viaduct or tunnel. -2. 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. -3. This section shall not apply upon a one-way roadway. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-306. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-507 Designation Of No-Passing -Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-507_Designation_Of_No-Passing_Zones){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-307. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-508 School Buses; Markings; Passing -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-508_School_Buses;_Markings;_Passing_Regulations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. Every school bus used for the transportation of school children - shall bear upon the front and rear thereof plainly visible signs - containing the words \"School Bus\" 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. -3. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-705. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-509 Driving On Laned Roadways, Marking Traffic -Lanes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-509_Driving_On_Laned_Roadways,_Marking_Traffic_Lanes){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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: - 1. 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; - 2. 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 - 3. 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. -3. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-309. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-510 Driving On Divided -Highways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-510_Driving_On_Divided_Highways){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-311. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-511 Following Too -Closely](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-511_Following_Too_Closely){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-310. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-512 Restricted-Access -Roadways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-512_Restricted-Access_Roadways){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-312. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-513 Driving Through Service -Drives](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-513_Driving_Through_Service_Drives){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-514 Reckless -Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-514_Reckless_Driving){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. Any person convicted of violating this section shall be punished by - a fine not to exceed \$500.00 and shall pay court costs. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-901. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -Amended by Ord. -[1026.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1026.23.pdf){.k-link -target="_blank" style="color:#0000EE"} on 6/5/2023\ -* -::: - -<div> - -::: phx-name -[Sec 15-515 Careless Or Negligent -Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-515_Careless_Or_Negligent_Driving){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No person shall drive, use, operate, park, cause to be parked, or - stop any vehicle: - 1. In a careless manner; - 2. In a negligent manner; - 3. In such a manner as to endanger life, limb, person or property; - or - 4. In such a manner or condition as to interfere with the lawful - movement of traffic or use of the streets. -2. 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. -3. 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. -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-516 Inattention To Driving; Texting While -Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-516_Inattention_To_Driving;_Texting_While_Driving){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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: - 1. An emergency responder; - 2. A hospital, physician\'s office or health clinic; - 3. A provider of ambulance services; - 4. A provider of firefighting services; or - 5. A law enforcement agency. -5. 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:\ - \ - *Cellular telephone* means an analog or digital wireless telephone - authorized by the Federal Communications Commission to operate in - the frequency bandwidth reserved for cellular telephones.\ - \ - *Compose, send* or *read*, with respect to a text message, means the - manual entry, sending or retrieval of a text message to communicate - with any person or device.\ - *\ - Electronic communication device* 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 \"electronic communication device\" 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.\ - \ - *Text message* includes a text-based message, instant message, - electronic message, photo, video, or electronic mail. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-901d. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[808(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327005_Ordinance%20No.%20808%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/19/2015\ -Amended by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-517 Driving Over Fire -Hose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-517_Driving_Over_Fire_Hose){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Driving over fire hose, 47 O.S. § 11-1109. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-518 Following Fire Or Emergency -Apparatus](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-518_Following_Fire_Or_Emergency_Apparatus){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Ord. No. 506, 2-5-1990) - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1108. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-519 Procedure On Approach Of Emergency -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-519_Procedure_On_Approach_Of_Emergency_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-405. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-520 Driving Under The Influence While Under -Age](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-520_Driving_Under_The_Influence_While_Under_Age){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. Has any measurable quantity of alcohol in the person\'s blood or - breath at the time of a test administered within two hours after - an arrest of the person; - 2. Exhibits evidence of being under the influence of any other - intoxicating substance as shown by analysis of a specimen of the - person\'s blood, breath, saliva, or urine in accordance with the - provisions of 47 O.S. §§ 752 and 759; or - 3. Exhibits evidence of the combined influence of alcohol and any - other intoxicating substance. -2. As used in this section, the term \"other intoxicating substance\" - 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. -3. 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. - 1. The court may assess additional community service hours in lieu - of any fine specified in this section. - 2. In addition to any penalty imposed pursuant to the provisions of - this section, the person may be subject to: - 1. The cancellation or denial of driving privileges as ordered - by the court pursuant to 47 O.S. § 6-107.1; - 2. The seizure of the driver\'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 - 3. The mandatory revocation of driving privileges pursuant to - 47 O.S. § 6-205.1, which revocation period may be modified - as provided by law. -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. -5. 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. -6. The notice shall include the name, date of birth, physical - description and, if known, the driver\'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: - 1. For a period not to exceed six months; - 2. For a period not to exceed one year; - 3. For a period not to exceed two years; or - 4. Until the person attains 21 years of age.\ - The court shall send a copy of the notice to the person first - class, postage prepaid. -7. 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. -8. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-906.4. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-521 Driver\'s License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-521_Driver's_License_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s or chauffeur\'s license as required by state -law. - -**State Law reference**--- Similar provisions, 47 O.S. § 6-303. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-522 Driving While License Suspended, Use Of False -License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-522_Driving_While_License_Suspended,_Use_Of_False_License){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No person shall: - 1. Display or cause or permit to be displayed or have in his - possession any cancelled, revoked, suspended, fictitious, photo - static or fraudulently altered operator\'s or chauffeur\'s - license; - 2. Lend his operator\'s or chauffeur\'s license to any other person - or knowingly permit the use thereof by another; - 3. Display or represent as his own any operator\'s or chauffeur\'s - license not issued to him; or - 4. Permit any unlawful use of an operator\'s or chauffeur\'s - license issued to him. -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. §§ 6-303, 6-305. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-523 Permitting Unlicensed Person To -Drive](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-523_Permitting_Unlicensed_Person_To_Drive){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'s -residence of record. - -**State Law reference**--- Similar provisions, 47 O.S. § 6-305. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-524 Driving Through Funeral -Processions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-524_Driving_Through_Funeral_Processions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. This section shall not apply at intersections where traffic is - controlled by police officers. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-525 Driving In Funeral -Procession](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-525_Driving_In_Funeral_Procession){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-315. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-526 Identification Of Funeral -Processions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-526_Identification_Of_Funeral_Processions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-527 Use Of Roller Skates, Coasters, Skateboards On -Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-527_Use_Of_Roller_Skates,_Coasters,_Skateboards_On_Roadway){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. On any roadway within the city except while crossing a street in - a crosswalk; - 2. 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; - 3. On any public property where signs are posted prohibiting such - use, such as parking lots, bicycle or jogging paths; - 4. In any concrete or asphalt drainage ways, storm sewers or - culverts (whether posted or not); or - 5. 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. -2. 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. -3. 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. -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. -5. Any person found guilty of this section shall be punished as - provided in section 1-108. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-528 Play Streets -Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-528_Play_Streets_Authorized){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-529 Use Of Play Streets By Motor -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-529_Use_Of_Play_Streets_By_Motor_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-530 Obstructing Intersection Or -Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-530_Obstructing_Intersection_Or_Crosswalk){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-531 Driving On Sidewalk -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-531_Driving_On_Sidewalk_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Power of city to prohibit driving on -sidewalks, 11 O.S. § 22-117. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-532 Driving In Public Parks And Other Properties -Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-532_Driving_In_Public_Parks_And_Other_Properties_Restricted){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. Emergency vehicles are exempt from the provisions of this section. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-533 Driving On Property Without -Permission](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-533_Driving_On_Property_Without_Permission){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-534 Starting Stopped Or Parked -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-534_Starting_Stopped_Or_Parked_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No person shall start a vehicle which is stopped, standing or parked -unless and until such movement can be made with reasonable safety. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-603. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-535 Backing Of -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-535_Backing_Of_Vehicle){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1102. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-536 Opening And Closing Vehicle -Door](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-536_Opening_And_Closing_Vehicle_Door){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1105. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-537 Obstructions To Driver\'s View, Number In Front Seat; -Overloading School -Bus](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-537_Obstructions_To_Driver's_View,_Number_In_Front_Seat;_Overloading_School_Bus){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s control over the - driving mechanism of the vehicle. -2. No passenger in a vehicle shall ride in such position as to - interfere with the driver\'s view ahead or to the sides or to - interfere with his control over the driving mechanism of the - vehicle. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-538 Clinging To -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-538_Clinging_To_Vehicle){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1204. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-539 Boarding Or Alighting From Moving -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-539_Boarding_Or_Alighting_From_Moving_Vehicle){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No person shall board or alight from any vehicle while such vehicle is -in motion. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-540 Riding Outside Vehicle -Compartment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-540_Riding_Outside_Vehicle_Compartment){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Ord. No. 30(92), 7-20-1992) - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1114. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-541 Driving Through Safety -Zone](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-541_Driving_Through_Safety_Zone){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No vehicle shall at any time be driven through or within a safety zone -or island. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1301. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-542 Child Passenger Restraint System Or Seat Belt Required; -Exceptions; -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-542_Child_Passenger_Restraint_System_Or_Seat_Belt_Required;_Exceptions;_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - *Child passenger restraint system* means an infant or child - passenger restraint system that meets the federal standards as set - by 49 CFR 571.213. -2. 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: - 1. 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. - 2. 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. - 3. 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. -3. This section shall not apply to: - 1. 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; - 2. The driver of an ambulance or emergency vehicle; - 3. A driver of a vehicle if all of the seat belts in the vehicle - are in use; - 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; - 5. 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 \"back seat\" 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. -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. -5. 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. -6. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1112. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[809(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327074_Ordinance%20No.%20809%20(15).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/19/2015\ -Amended by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-543 Seat Belts Required For Front Seat Passengers; -Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-543_Seat_Belts_Required_For_Front_Seat_Passengers;_Exceptions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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 \"passenger car\" 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. -2. 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. -3. This section shall not apply to an operator of a motor vehicle who - is a route carrier of the U.S. Postal Service. -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. - -(Ord. No. 423, 2-2-1987) - -**State Law reference**--- Similar provisions, 47 O.S. § 12-417. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-544 Certain Vehicles To Stop At All Railroad -Crossings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-544_Certain_Vehicles_To_Stop_At_All_Railroad_Crossings){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. No stop need be made at any such crossing where a police officer or - traffic-control signals direct traffic to proceed. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-702. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-545 Approaching Stationary Emergency Vehicle Displaying Flashing -Lights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-545_Approaching_Stationary_Emergency_Vehicle_Displaying_Flashing_Lights){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. 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 -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-314. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-546 Procedures For Motor Vehicles Required To Merge In -Maintenance And Construction -Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-546_Procedures_For_Motor_Vehicles_Required_To_Merge_In_Maintenance_And_Construction_Zones){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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 \"construction or maintenance area\" 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. -3. The \"Merge Now\" 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: - 1. As soon as practicable after passing the traffic-control device; - and - 2. Without passing any other traffic proceeding in the same - direction. -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1302. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-6 STOPPING, STANDING AND -PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-6_STOPPING,_STANDING_AND_PARKING){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[ARTICLE 15-6A PARKING -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6A_PARKING_REGULATIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[ARTICLE 15-6B MANNER OF -PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6B_MANNER_OF_PARKING){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[ARTICLE 15-6A PARKING -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6A_PARKING_REGULATIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-601 Stopping, Standing Or Parking Prohibited In Certain -Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-601_Stopping,_Standing_Or_Parking_Prohibited_In_Certain_Places){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-602 Handicapped Parking -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-602_Handicapped_Parking_Restrictions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-603 Parking Not To Obstruct Traffic Or -Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-603_Parking_Not_To_Obstruct_Traffic_Or_Signs){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-604 Parking For Certain Purposes -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-604_Parking_For_Certain_Purposes_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-605 Double -Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-605_Double_Parking){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-606 Removing Enforcement -Marking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-606_Removing_Enforcement_Marking){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-607 Standing Or Parking On Left Side Of -Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-607_Standing_Or_Parking_On_Left_Side_Of_Roadway){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-608 Parking On Private Property; Impounding Of -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-608_Parking_On_Private_Property;_Impounding_Of_Vehicle){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-609 Driving Or Parking On Commercial Business Property -Restricted; -Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-609_Driving_Or_Parking_On_Commercial_Business_Property_Restricted;_Signs){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-610 Parking More Than 24 -Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-610_Parking_More_Than_24_Hours){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-611 Unattended -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-611_Unattended_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-612 Authority To Restrict Parking -Time](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-612_Authority_To_Restrict_Parking_Time){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-613 Parking In Private Parking Spaces Without Permission Of -Owner](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-613_Parking_In_Private_Parking_Spaces_Without_Permission_Of_Owner){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-614 Prohibiting Parking Within Fire Lanes On Certain Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-614_Prohibiting_Parking_Within_Fire_Lanes_On_Certain_Private_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-615 Limiting Parking To Authorized Emergency -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-615_Limiting_Parking_To_Authorized_Emergency_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-601 Stopping, Standing Or Parking Prohibited In Certain -Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-601_Stopping,_Standing_Or_Parking_Prohibited_In_Certain_Places){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. On a sidewalk; - 2. In front of a public or private driveway; - 3. Within 15 feet of a fire hydrant; - 4. Within an intersection; - 5. On a crosswalk; - 6. Within 20 feet of a crosswalk at an intersection; - 7. Within 30 feet upon the approach to any flashing beacon, stop - sign or traffic-control signal located at the side of a roadway; - 8. 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; - 9. Within 50 feet of the nearest rail of a railroad crossing; - 10. 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); - 11. Alongside or opposite any street excavation or obstruction when - stopping, standing or parking would obstruct traffic; - 12. On the roadway side of any vehicle stopped or parked at the edge - or curb of a street; - 13. Upon any bridge or other elevated structure upon a highway or - within a highway underpass; - 14. At any place where official signs prohibit stopping. -2. 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: - 1. On a sidewalk; - 2. Within an intersection; - 3. Alongside or opposite any street excavation or obstruction when - stopping, standing or parking would obstruct traffic; - 4. Upon any bridge or other elevated structure upon a highway or - within a highway underpass; or - 5. At any place where official signs prohibit stopping. -3. 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. -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. -5. 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: - 1. West Main Street, commencing at the intersection of West Main - and Telephone Road to the intersection of West Main Street and - Irving Drive; - 2. 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; - 3. 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; - 4. Julie Street; - 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; - 6. 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; - 7. 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; - 8. 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 - 9. Messenger Lane, on either side of Messenger Lane beginning at NE - 12th Street and extending south a distance of 960 feet. - 10. 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.\ - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1003. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -Amended by Ord. -[983(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1626796832_ordinance%20983.21.pdf){.k-link -target="_blank" style="color:#0000EE"} on 7/19/2021\ -* -::: - -<div> - -::: phx-name -[Sec 15-602 Handicapped Parking -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-602_Handicapped_Parking_Restrictions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 1. 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. - 2. 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. - -2. 1. 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). - 2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1007. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -Amended by Ord. -[1011.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1011.22.pdf){.k-link -target="_blank" style="color:#0000EE"} on 7/18/2022\ -Amended by Ord. -[1034.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1034.23.pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/2/2023\ -* -::: - -<div> - -::: phx-name -[Sec 15-603 Parking Not To Obstruct Traffic Or -Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-603_Parking_Not_To_Obstruct_Traffic_Or_Signs){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-604 Parking For Certain Purposes -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-604_Parking_For_Certain_Purposes_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. Displaying the vehicle for sale; -2. Displaying advertising or displaying merchandise; -3. Washing, greasing or repairing the vehicle, except repairs - necessitated by an emergency; and -4. Selling merchandise or any other thing from vehicles without - appropriate permit or license from the city. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-605 Double -Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-605_Double_Parking){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-606 Removing Enforcement -Marking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-606_Removing_Enforcement_Marking){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-607 Standing Or Parking On Left Side Of -Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-607_Standing_Or_Parking_On_Left_Side_Of_Roadway){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-608 Parking On Private Property; Impounding Of -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-608_Parking_On_Private_Property;_Impounding_Of_Vehicle){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-609 Driving Or Parking On Commercial Business Property -Restricted; -Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-609_Driving_Or_Parking_On_Commercial_Business_Property_Restricted;_Signs){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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:\ - \ - \"PRIVATE PROPERTY. NO PARKING OR TRESPASSING.\" - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-610 Parking More Than 24 -Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-610_Parking_More_Than_24_Hours){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No person shall park a vehicle on any street for a period of time longer -than 24 hours. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-611 Unattended -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-611_Unattended_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1101. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-612 Authority To Restrict Parking -Time](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-612_Authority_To_Restrict_Parking_Time){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The city council, by resolution, may establish parking time limits, - or prohibit parking on designated streets by having appropriate - signs placed thereon. -2. When such signs are in place, no person shall park a vehicle in - violation thereof. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-613 Parking In Private Parking Spaces Without Permission Of -Owner](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-613_Parking_In_Private_Parking_Spaces_Without_Permission_Of_Owner){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-614 Prohibiting Parking Within Fire Lanes On Certain Private -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-614_Prohibiting_Parking_Within_Fire_Lanes_On_Certain_Private_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-615 Limiting Parking To Authorized Emergency -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-615_Limiting_Parking_To_Authorized_Emergency_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[ARTICLE 15-6B MANNER OF -PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6B_MANNER_OF_PARKING){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-621 Distance From -Curb](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-621_Distance_From_Curb){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-622 Brakes To Be Set: Motor Not To Be Running: Securing -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-622_Brakes_To_Be_Set:_Motor_Not_To_Be_Running:_Securing_Animals){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-623 Angle -Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-623_Angle_Parking){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-624 Parking Within Marked -Spaces](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-624_Parking_Within_Marked_Spaces){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-625 Parking To Be Such As To Leave Ten Feet Of Roadway Available -For -Traffic](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){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-621 Distance From -Curb](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-621_Distance_From_Curb){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1004. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-622 Brakes To Be Set: Motor Not To Be Running: Securing -Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-622_Brakes_To_Be_Set:_Motor_Not_To_Be_Running:_Securing_Animals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-623 Angle -Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-623_Angle_Parking){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-624 Parking Within Marked -Spaces](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-624_Parking_Within_Marked_Spaces){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-625 Parking To Be Such As To Leave Ten Feet Of Roadway Available -For -Traffic](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-7 SPEED -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-7_SPEED_REGULATIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-701 Speed -Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-701_Speed_Limit){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-702 Special Speed -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-702_Special_Speed_Regulations){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-703 Minimum -Speed](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-703_Minimum_Speed){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-704 Speed Limits In Construction -Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-704_Speed_Limits_In_Construction_Zones){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-701 Speed -Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-701_Speed_Limit){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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: - 1. 25 miles per hour on any street, except as may be posted - otherwise; and - 2. 25 miles per hour in any designated school zone under the - following conditions, unless a different speed limit is - otherwise designated and posted: - 1. When signed with the legend \"When Flashing\" and flashing - lights are in operation; and - 2. When signed with the legend \"When Children Are Present.\" 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. -4. The city manager has authority to post lower speed limits than those - presented in this chapter where special hazards exist. -5. 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. -6. 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. - -(Ord. No. 504, 2-5-1990) - -**State Law reference**--- Similar provisions, 47 O.S. § 11-801. - -::: phx-docs -HISTORY\ -*Amended by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-702 Special Speed -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-702_Special_Speed_Regulations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - \ - ----------------------- ----------------------- ----------------------- - Street Name\ Section\ Miles Per Hour\ - - Janeway Street\ North city limits to SW 30 - 4th\ - - Santa Fe\ NW 12th to SW 4th\ 35 - - Santa Fe\ SW 19th to south city 40 - limits\ - - Telephone Road\ SW 19th to SW 34th 45 - Street\ - - Telephone Road\ SW 34th to south city 40 - limits\ - - Broadway\ North city limits to N 40 - 18th Street\ - - Broadway\ S 4th to S 19th\ 40 - - Broadway\ S 19th to south city 45 - limits\ - - Eastern\ NE 27th to SE 4th\ 40 - - Bryant\ North city limits to NE 40 - 27th\ - - NE 27th\ Eastern to Bryant\ 35 - - N 12th\ Santa Fe to Estell\ 35 - - NE 12th\ Estell to Sunnylane\ 40 - - NW 5th\ I-35 to Broadway\ 35 - - Main\ I-35 to Broadway\ 30 - - Main\ Broadway to Eastern\ 35 - - SE 19th\ Bryant to Sunnylane\ 50 - - SE 19th\ Broadway to Eastern\ 35 - - SW 34th\ West city limits to 25 - I-35\ - - SW 34th\ Railroad to Eastern\ 35 - - SW 34th\ Eastern to Broadway\ 40 - - SE 34th\ Sunnylane to Sooner\ 40 - - SE 34th\ Sooner to east city 35 - limits\ - - Indian Hills\ Eastern to Bryant\ 35 - ----------------------- ----------------------- ----------------------- -2. Any special speed zones inconsistent with these regulations are - expressly amended. - -(Ord. No. 540, 12-4-1990) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[779(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325063_Ordinance%20No.%20779%20(14).pdf){.k-link -target="_blank" style="color:#0000EE"} on 7/21/2014\ -Amended by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-703 Minimum -Speed](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-703_Minimum_Speed){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-704 Speed Limits In Construction -Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-704_Speed_Limits_In_Construction_Zones){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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 \"repair, maintenance, or construction zone\" means -any location where repair, maintenance, or construction work is actually -in progress and workers present. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-804. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-8 -RIGHT-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-8_RIGHT-OF-WAY){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-801 Right-Of-Way At -Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-801_Right-Of-Way_At_Intersection){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-802 Right-Of-Way At Intersections, Vehicles Arriving At Same -Time](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-802_Right-Of-Way_At_Intersections,_Vehicles_Arriving_At_Same_Time){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-803 Left Turn At -Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-803_Left_Turn_At_Intersection){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-804 Designation Of Through -Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-804_Designation_Of_Through_Streets){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-805 Signs At Through -Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-805_Signs_At_Through_Streets){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-806 Determination Of Stop And Yield -Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-806_Determination_Of_Stop_And_Yield_Intersections){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-807 Vehicles Entering Stop -Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-807_Vehicles_Entering_Stop_Intersections){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-808 Vehicle Entering Yield -Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-808_Vehicle_Entering_Yield_Intersection){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-809 School Zones And -Crosswalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-809_School_Zones_And_Crosswalks){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-810 Emerging From Alley Or -Driveway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-810_Emerging_From_Alley_Or_Driveway){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-811 Obstructing Intersection Or -Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-811_Obstructing_Intersection_Or_Crosswalk){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-801 Right-Of-Way At -Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-801_Right-Of-Way_At_Intersection){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -4. The driver of a vehicle approaching a \"T\" intersection, traveling - down the base of the \"T\" intersection approaching a dead end must - yield the right-of-way to all traffic. - -**State Law reference**--- Similar provisions, 47 O.S. §§ 11-401, -11-403. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-802 Right-Of-Way At Intersections, Vehicles Arriving At Same -Time](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-802_Right-Of-Way_At_Intersections,_Vehicles_Arriving_At_Same_Time){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-803 Left Turn At -Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-803_Left_Turn_At_Intersection){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-402. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-804 Designation Of Through -Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-804_Designation_Of_Through_Streets){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The city manager, subject to direction of the council, may designate any -street or part of street as a through street. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-805 Signs At Through -Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-805_Signs_At_Through_Streets){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-806 Determination Of Stop And Yield -Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-806_Determination_Of_Stop_And_Yield_Intersections){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. 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 - 2. 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. -2. 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. -3. Every stop sign shall bear the word \"Stop\" in letters not less - than eight inches in height. Every yield sign shall bear the word - \"Yield\" 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-807 Vehicles Entering Stop -Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-807_Vehicles_Entering_Stop_Intersections){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-703. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-808 Vehicle Entering Yield -Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-808_Vehicle_Entering_Yield_Intersection){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-703. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-809 School Zones And -Crosswalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-809_School_Zones_And_Crosswalks){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The city manager, subject to direction by the council, is authorized - to erect signs to designate school zones and school zone crosswalks. -2. 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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-810 Emerging From Alley Or -Driveway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-810_Emerging_From_Alley_Or_Driveway){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-704. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-811 Obstructing Intersection Or -Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-811_Obstructing_Intersection_Or_Crosswalk){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-9 TURNING -MOVEMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-9_TURNING_MOVEMENTS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-901 Method Of Turning Generally And At -Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-901_Method_Of_Turning_Generally_And_At_Intersections){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-902 Authority To Place Turning -Markers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-902_Authority_To_Place_Turning_Markers){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-903 Authority To Restrict Turning; Obedience -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-903_Authority_To_Restrict_Turning;_Obedience_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-904 Limitations On Turning, -U-Turns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-904_Limitations_On_Turning,_U-Turns){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-905 Turning Or Stopping Movements; Signals -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-905_Turning_Or_Stopping_Movements;_Signals_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-906 Signals; Method -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-906_Signals;_Method_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-907 Method Of Giving Hand -Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-907_Method_Of_Giving_Hand_Signals){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-901 Method Of Turning Generally And At -Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-901_Method_Of_Turning_Generally_And_At_Intersections){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The driver of a vehicle intending to turn at an intersection shall - do so as follows: - 1. *Right turns*. 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; - 2. *Left turns on two-way roadways*. 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 - 3. *Left turns on other than two-way roadways*. 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. -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. §§ 11-601, -11-604. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-902 Authority To Place Turning -Markers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-902_Authority_To_Place_Turning_Markers){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-903 Authority To Restrict Turning; Obedience -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-903_Authority_To_Restrict_Turning;_Obedience_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-904 Limitations On Turning, -U-Turns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-904_Limitations_On_Turning,_U-Turns){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Except as hereinafter provided, no person shall operate a vehicle so - as to turn more than 90 degrees on any street or highway. -2. 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: - 1. Where traffic-control signals are installed; - 2. Where a police officer is directing traffic, except at the - latter\'s direction; or - 3. Where an official no U-turn sign has been placed and is - maintained. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-905 Turning Or Stopping Movements; Signals -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-905_Turning_Or_Stopping_Movements;_Signals_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-604. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-906 Signals; Method -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-906_Signals;_Method_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-605. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-907 Method Of Giving Hand -Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-907_Method_Of_Giving_Hand_Signals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -All signals herein required given by hand and arm shall be given from -the left side of the vehicle in the following manner: - -1. *Left turn*. Hand and arm extended horizontally; -2. *Right turn*. 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.\ - A person operating a bicycle may extend his or her right hand and - arm horizontally to his or her right; and\ -3. *Stop or decrease speed*. Hand and arm extended downward. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-606. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -Amended by Ord. -[988(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_988.21.pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/4/2021\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-10 ONE-WAY STREETS AND -ALLEYS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-10_ONE-WAY_STREETS_AND_ALLEYS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-1001 Authority To Designate One-Way -Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1001_Authority_To_Designate_One-Way_Streets){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1002 One-Way Streets, Direction Of -Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1002_One-Way_Streets,_Direction_Of_Traffic){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1003 Rotary Traffic -Islands](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1003_Rotary_Traffic_Islands){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-1001 Authority To Designate One-Way -Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1001_Authority_To_Designate_One-Way_Streets){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The following streets are hereby designated as one-way streets: - 1. I-35 service road, east, between Southwest Fourth Street and - Northwest Eighteenth Street within the city limits, northbound; - 2. I-35 service road, west, between Southwest Fourth Street and - Northwest Twelfth Street within the city limits, southbound. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1002 One-Way Streets, Direction Of -Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1002_One-Way_Streets,_Direction_Of_Traffic){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-308. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1003 Rotary Traffic -Islands](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1003_Rotary_Traffic_Islands){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A vehicle passing around a rotary traffic island shall be driven only to -the right of such island. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-308. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-11 TRUCK ROUTES AND -PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-11_TRUCK_ROUTES_AND_PARKING){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-1101 Truck Routes; Map Multiple Citations; -Impoundment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1101_Truck_Routes;_Map_Multiple_Citations;_Impoundment){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1102 Permits Required For Operation On Certain -Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1102_Permits_Required_For_Operation_On_Certain_Streets){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1103 LPG -Prohibitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1103_LPG_Prohibitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1104 Compliance With State -Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1104_Compliance_With_State_Law){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1105 Trucks Transporting Flammable Liquids, Hazardous Material -Not To Be Left Unattended More Than 15 -Minutes](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){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-1101 Truck Routes; Map Multiple Citations; -Impoundment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1101_Truck_Routes;_Map_Multiple_Citations;_Impoundment){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. The city clerk shall keep and maintain accurate maps setting out the - truck routes designated by the city. -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1102 Permits Required For Operation On Certain -Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1102_Permits_Required_For_Operation_On_Certain_Streets){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1103 LPG -Prohibitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1103_LPG_Prohibitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1104 Compliance With State -Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1104_Compliance_With_State_Law){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 9-82) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1105 Trucks Transporting Flammable Liquids, Hazardous Material -Not To Be Left Unattended More Than 15 -Minutes](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){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 9-62) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-12 LOADING -ZONES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-12_LOADING_ZONES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-1201 Authority To Designate Curb Loading -Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1201_Authority_To_Designate_Curb_Loading_Zones){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1202 Parking Or Standing In Passenger Loading Zones -Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1202_Parking_Or_Standing_In_Passenger_Loading_Zones_Restricted){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1203 Standing Or Parking In Freight Loading -Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1203_Standing_Or_Parking_In_Freight_Loading_Zones){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1204 Permit To Back To Curb For Loading Or -Unloading](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1204_Permit_To_Back_To_Curb_For_Loading_Or_Unloading){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-1201 Authority To Designate Curb Loading -Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1201_Authority_To_Designate_Curb_Loading_Zones){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1202 Parking Or Standing In Passenger Loading Zones -Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1202_Parking_Or_Standing_In_Passenger_Loading_Zones_Restricted){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1203 Standing Or Parking In Freight Loading -Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1203_Standing_Or_Parking_In_Freight_Loading_Zones){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1204 Permit To Back To Curb For Loading Or -Unloading](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1204_Permit_To_Back_To_Curb_For_Loading_Or_Unloading){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-13 PUBLIC CARRIER -STOPS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-13_PUBLIC_CARRIER_STOPS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-1301 Authority To Designate Public Carrier -Stops](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1301_Authority_To_Designate_Public_Carrier_Stops){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1302 Bus Stops, -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1302_Bus_Stops,_Restrictions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1303 Taxi Stands, Loading -Passengers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1303_Taxi_Stands,_Loading_Passengers){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1304 Restricted Use Of Bus And Taxicab -Stands](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1304_Restricted_Use_Of_Bus_And_Taxicab_Stands){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-1301 Authority To Designate Public Carrier -Stops](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1301_Authority_To_Designate_Public_Carrier_Stops){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1302 Bus Stops, -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1302_Bus_Stops,_Restrictions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. The operator of a bus shall not stand or park such vehicle upon any - street at any place other than a bus stand. -2. 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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1303 Taxi Stands, Loading -Passengers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1303_Taxi_Stands,_Loading_Passengers){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1304 Restricted Use Of Bus And Taxicab -Stands](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1304_Restricted_Use_Of_Bus_And_Taxicab_Stands){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-14 -ACCIDENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-14_ACCIDENTS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-1401 Accidents Involving Death Or Personal -Injury](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1401_Accidents_Involving_Death_Or_Personal_Injury){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1402 Accidents Involving Damage To -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1402_Accidents_Involving_Damage_To_Property){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1403 Duty To Give Information And Render -Aid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1403_Duty_To_Give_Information_And_Render_Aid){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1404 Duty Upon Striking Unattended -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1404_Duty_Upon_Striking_Unattended_Vehicle){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1405 Duty Upon Striking Fixtures Upon A -Highway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1405_Duty_Upon_Striking_Fixtures_Upon_A_Highway){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1406 Immediate Notice Of -Accident](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1406_Immediate_Notice_Of_Accident){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1407 When Driver Unable To -Report](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1407_When_Driver_Unable_To_Report){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-1401 Accidents Involving Death Or Personal -Injury](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1401_Accidents_Involving_Death_Or_Personal_Injury){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1402 Accidents Involving Damage To -Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1402_Accidents_Involving_Damage_To_Property){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1403 Duty To Give Information And Render -Aid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1403_Duty_To_Give_Information_And_Render_Aid){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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. - -**State Law reference**--- Similar provisions, 47 O.S. § 10-104. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1404 Duty Upon Striking Unattended -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1404_Duty_Upon_Striking_Unattended_Vehicle){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 10-105. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1405 Duty Upon Striking Fixtures Upon A -Highway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1405_Duty_Upon_Striking_Fixtures_Upon_A_Highway){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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. - -**State Law reference**--- Similar provisions, 47 O.S. § 10-106. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1406 Immediate Notice Of -Accident](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1406_Immediate_Notice_Of_Accident){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 10-107. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1407 When Driver Unable To -Report](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1407_When_Driver_Unable_To_Report){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 10-111. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-15 -MOTORCYCLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-15_MOTORCYCLES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-1501 Operation Of -Motorcycle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1501_Operation_Of_Motorcycle){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1502 Equipment -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1502_Equipment_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1503 Headgear -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1503_Headgear_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1504 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1504_License_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1505 Minibikes, Dirt Bikes, Trail Bikes Restricted On -Operations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1505_Minibikes,_Dirt_Bikes,_Trail_Bikes_Restricted_On_Operations){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-1501 Operation Of -Motorcycle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1501_Operation_Of_Motorcycle){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. No motorcycle or motor scooter shall be ridden upon any sidewalk. -4. Handlebars on motorcycles and motor scooters shall not exceed 12 - inches in height, measured from the crown or point of attachment. -5. No rider of a motorcycle or motor scooter shall hold to any moving - vehicle for the purpose of being propelled. -6. 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. -7. 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. -8. A person operating a motorcycle or motor-driven cycle shall ride - only on the permanent and regular seat attached thereto. - -**State Law reference**--- 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1502 Equipment -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1502_Equipment_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. *Rear-view mirrors*. 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; -2. *Windshield*. 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; -3. *Brakes*. 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; -4. *Speedometer*. 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; -5. *Fender*. 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; -6. *Lights*. 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; -7. *Red reflectors*. 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; -8. *Muffler*. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 12-601 et seq. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1503 Headgear -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1503_Headgear_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 12-609(B). - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1504 License -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1504_License_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1505 Minibikes, Dirt Bikes, Trail Bikes Restricted On -Operations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1505_Minibikes,_Dirt_Bikes,_Trail_Bikes_Restricted_On_Operations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-16 -BICYCLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-16_BICYCLES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-1601 Effects Of Regulations, Parent\'s -Duty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1601_Effects_Of_Regulations,_Parent's_Duty){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1602 Applicability Of Traffic -Laws](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1602_Applicability_Of_Traffic_Laws){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1603 Obedience To Traffic-Control -Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1603_Obedience_To_Traffic-Control_Devices){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1604 Manner Of Riding -Bicycle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1604_Manner_Of_Riding_Bicycle){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1605 Riding On Roads And Bicycle -Paths](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1605_Riding_On_Roads_And_Bicycle_Paths){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1606 Speed -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1606_Speed_Restrictions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1607 Carrying -Articles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1607_Carrying_Articles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1608 -Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1608_Parking){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1609 Riding On Sidewalk -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1609_Riding_On_Sidewalk_Prohibited){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1610 Lights And -Brakes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1610_Lights_And_Brakes){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1611 Rider Not To Cling To Other -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1611_Rider_Not_To_Cling_To_Other_Vehicle){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1612 Emerging From Alley, Driveway Or -Building](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1612_Emerging_From_Alley,_Driveway_Or_Building){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1613 Dealers To -Report](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1613_Dealers_To_Report){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1614 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1614_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-1601 Effects Of Regulations, Parent\'s -Duty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1601_Effects_Of_Regulations,_Parent's_Duty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1201. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1602 Applicability Of Traffic -Laws](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1602_Applicability_Of_Traffic_Laws){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1202. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1603 Obedience To Traffic-Control -Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1603_Obedience_To_Traffic-Control_Devices){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. A person operating a bicycle approaching a stop sign shall: - 1. Slow down, - 2. If required to avoid an immediate hazard, stop at the stop sign - before entering the intersection, - 3. 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, - 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. -3. A person operating a bicycle approaching a steady red - traffic-control signal shall: - 1. Make a complete stop at the steady red traffic-control signal - before entering the intersection, and - 2. 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. - 3. 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. - 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 - 5. 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. -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.\ - -\ - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -Amended by Ord. -[988(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_988.21.pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/4/2021\ -* -::: - -<div> - -::: phx-name -[Sec 15-1604 Manner Of Riding -Bicycle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1604_Manner_Of_Riding_Bicycle){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. A person propelling a bicycle shall not ride other than astride a - permanent and regular seat attached thereto. -2. No bicycle shall be used to carry more persons at one time than the - number for which it is designed and equipped. -3. A person shall ride a bicycle only in the manner in which it is - designed and equipped to carry the person. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1203. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1605 Riding On Roads And Bicycle -Paths](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1605_Riding_On_Roads_And_Bicycle_Paths){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. When overtaking and passing another vehicle proceeding in the - same direction; - 2. When preparing for a left turn at an intersection or into a - private road or driveway; - 3. When reasonably necessary to avoid conditions and while - exercising due care, including, but not limited to: - 1. Fixed or moving objects; - 2. Parked or moving vehicles; - 3. Pedestrians or animals; - 4. Surface hazards; or - 5. Any time it is unsafe to continue along the right-hand curb - or edge of the roadway; and - 4. When riding in the right-turn-only lane. -2. 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. -3. No person operating a bicycle or motorized scooter shall pass other - vehicles between lanes of traffic traveling in the same direction. -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. -5. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1205. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1606 Speed -Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1606_Speed_Restrictions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No person shall operate a bicycle at a speed greater than is reasonable -and prudent under the conditions then existing. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1607 Carrying -Articles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1607_Carrying_Articles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1608 -Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1608_Parking){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1609 Riding On Sidewalk -Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1609_Riding_On_Sidewalk_Prohibited){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No person shall ride a bicycle upon a sidewalk in the business - district. -2. 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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1610 Lights And -Brakes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1610_Lights_And_Brakes){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. -5. 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.). -6. 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. -7. A bicycle shall not be equipped with, nor shall any person use upon - a bicycle, any siren. - -**State Law reference**--- Similar provisions, 47 O.S. §§ -12-702---12-709. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1611 Rider Not To Cling To Other -Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1611_Rider_Not_To_Cling_To_Other_Vehicle){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No person riding upon any bicycle shall attach the same or himself to -any vehicle upon a roadway. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-1204. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1612 Emerging From Alley, Driveway Or -Building](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1612_Emerging_From_Alley,_Driveway_Or_Building){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1613 Dealers To -Report](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1613_Dealers_To_Report){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1614 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1614_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Every person convicted of a violation of any provision of this chapter -shall be punished as provided in section 1-108. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-17 -PEDESTRIANS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-17_PEDESTRIANS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-1701 Subject To Traffic-Control -Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1701_Subject_To_Traffic-Control_Signals){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1702 Rights And Duties Of Persons Operating Wheelchair Or -Motorized -Wheelchair](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1702_Rights_And_Duties_Of_Persons_Operating_Wheelchair_Or_Motorized_Wheelchair){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1703 Right-Of-Way At -Crosswalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1703_Right-Of-Way_At_Crosswalks){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1704 Pedestrians To Use Right Half Of -Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1704_Pedestrians_To_Use_Right_Half_Of_Crosswalk){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1705 Crossing At Right -Angles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1705_Crossing_At_Right_Angles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1706 When Pedestrians Shall -Yield](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1706_When_Pedestrians_Shall_Yield){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1707 Prohibited -Crossing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1707_Prohibited_Crossing){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1708 Obedience To Railroad -Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1708_Obedience_To_Railroad_Signals){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1709 Walking Along -Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1709_Walking_Along_Roadway){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1710 Hitchhiking; Soliciting -Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1710_Hitchhiking;_Soliciting_Business){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1711 Drivers To Exercise -Care](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1711_Drivers_To_Exercise_Care){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1712 Use Of White Cane; Special Provisions For Blind -Pedestrians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1712_Use_Of_White_Cane;_Special_Provisions_For_Blind_Pedestrians){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-1701 Subject To Traffic-Control -Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1701_Subject_To_Traffic-Control_Signals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-501. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1702 Rights And Duties Of Persons Operating Wheelchair Or -Motorized -Wheelchair](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1702_Rights_And_Duties_Of_Persons_Operating_Wheelchair_Or_Motorized_Wheelchair){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-501.1. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1703 Right-Of-Way At -Crosswalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1703_Right-Of-Way_At_Crosswalks){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-502. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1704 Pedestrians To Use Right Half Of -Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1704_Pedestrians_To_Use_Right_Half_Of_Crosswalk){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Pedestrians shall move, whenever practicable, upon the right half of -crosswalks. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-505. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1705 Crossing At Right -Angles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1705_Crossing_At_Right_Angles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1706 When Pedestrians Shall -Yield](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1706_When_Pedestrians_Shall_Yield){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. This section shall not apply under the conditions stated in section - 15-1707 when pedestrians are prohibited from crossing at certain - designated places. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-503. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1707 Prohibited -Crossing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1707_Prohibited_Crossing){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -Between adjacent intersections at which traffic-control signals are in -operation, pedestrians shall not cross at any place except in a -crosswalk. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1708 Obedience To Railroad -Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1708_Obedience_To_Railroad_Signals){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1709 Walking Along -Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1709_Walking_Along_Roadway){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Where sidewalks are provided, no pedestrian shall walk along and - upon an adjacent roadway. -2. 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. -3. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-506. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1710 Hitchhiking; Soliciting -Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1710_Hitchhiking;_Soliciting_Business){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No person shall stand in a roadway for the purpose of soliciting a - ride, donation, employment or business from the occupant of any - vehicle. -2. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-507. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1711 Drivers To Exercise -Care](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1711_Drivers_To_Exercise_Care){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-504. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1712 Use Of White Cane; Special Provisions For Blind -Pedestrians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1712_Use_Of_White_Cane;_Special_Provisions_For_Blind_Pedestrians){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -**State Law reference**--- Similar provisions, 7 O.S. §§ 11, 12. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-18 -ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-18_ENFORCEMENT){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-1801 Authority Of Police And Fire -Officials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1801_Authority_Of_Police_And_Fire_Officials){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1802 Authority To Direct -Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1802_Authority_To_Direct_Traffic){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1803 Emergency And Experimental -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1803_Emergency_And_Experimental_Regulations){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1804 Obedience To Police And Fire Officials -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1804_Obedience_To_Police_And_Fire_Officials_Required){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1805 Applicability To Public -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1805_Applicability_To_Public_Employees){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1806 Authorized Emergency -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1806_Authorized_Emergency_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1807 Persons Working On Streets -Exempted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1807_Persons_Working_On_Streets_Exempted){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1808 Closing Streets For Repairs, Barricades Required; Use Of -Street -Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1808_Closing_Streets_For_Repairs,_Barricades_Required;_Use_Of_Street_Restricted){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1809 Riding Animals And Animal-Drawn -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1809_Riding_Animals_And_Animal-Drawn_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1810 Notification Of Runs By Emergency -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1810_Notification_Of_Runs_By_Emergency_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-1801 Authority Of Police And Fire -Officials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1801_Authority_Of_Police_And_Fire_Officials){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1802 Authority To Direct -Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1802_Authority_To_Direct_Traffic){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1803 Emergency And Experimental -Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1803_Emergency_And_Experimental_Regulations){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The city may have traffic-control devices tested under actual - conditions of traffic. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1804 Obedience To Police And Fire Officials -Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1804_Obedience_To_Police_And_Fire_Officials_Required){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -No person shall willfully fail or refuse to comply with any lawful order -or direction of a police officer or fire department official. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-103. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1805 Applicability To Public -Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1805_Applicability_To_Public_Employees){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. This chapter shall not apply to the military forces organizations of - the United States and of the National Guard when performing any - military duty. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1806 Authorized Emergency -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1806_Authorized_Emergency_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The driver of an authorized emergency vehicle may: - 1. Park, or stand, irrespective of the provisions of this part; - 2. Proceed past a red or stop signal or stop sign, but only after - slowing down as may be necessary for safe operation; - 3. Exceed the maximum speed limits so long as speeding does not - endanger life or property; - 4. Disregard regulations governing direction of movement; and - 5. Disregard regulations governing turning in specified directions. -3. 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. -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: - 1. Knowledge of the presence of the officer will cause the suspect - to: - 1. Destroy or lose evidence of a suspected felony; - 2. End a suspected continuing felony before the officer has - obtained sufficient evidence to establish grounds for - arrest; or - 3. Evade apprehension or identification of the suspect or the - vehicle of the suspect; or - 2. 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. -5. 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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-106. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1807 Persons Working On Streets -Exempted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1807_Persons_Working_On_Streets_Exempted){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-105. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1808 Closing Streets For Repairs, Barricades Required; Use Of -Street -Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1808_Closing_Streets_For_Repairs,_Barricades_Required;_Use_Of_Street_Restricted){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1809 Riding Animals And Animal-Drawn -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1809_Riding_Animals_And_Animal-Drawn_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -**State Law reference**--- Similar provisions, 47 O.S. § 11-104. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-1810 Notification Of Runs By Emergency -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1810_Notification_Of_Runs_By_Emergency_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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\'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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-19 IMPOUNDMENT OF -VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-19_IMPOUNDMENT_OF_VEHICLES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-1901 Authority To Impound Vehicles; Release Of -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1901_Authority_To_Impound_Vehicles;_Release_Of_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-1902 Abandoning -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1902_Abandoning_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-1901 Authority To Impound Vehicles; Release Of -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1901_Authority_To_Impound_Vehicles;_Release_Of_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. 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; - 2. 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; - 3. 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; - 4. 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; - 5. When any vehicle has been parked for more than one hour in - excess of the time allowed for parking in any place; - 6. 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; - 7. When any vehicle is found where a report or complaint has - previously been made alleging that the vehicle has been stolen; - 8. 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; - 9. When the vehicle is parked in any parking area marked by a sign - or otherwise as a \"Tow-Away\" zone; - 10. When at the request of a private property owner or the agent - thereof; - 11. 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. - 12. 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: - 1. An admission by the driver or other occupant of the vehicle; - or - 2. Confirmation through the Oklahoma Insurance Department\'s - online verification system for motor vehicle liability - policies indicating the vehicle is not insured; - 13. 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; - 14. 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; - 15. When a red sticker has been affixed to a vehicle warning the - vehicle will be impounded after 48 hours if not removed. -2. 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: - 1. 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\'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. - 2. 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\'s license or other proper photo identification and - valid insurance. - 3. 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\'s license or other proper - photo identification and valid insurance. - 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\'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. - 5. 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. -3. 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. - -(Ord. No. 211(97), 10-20-1997; Ord. No. 684(10), 11-15-2010) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -Amended by Ord. -[905(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347191_Ordinance%20No.%20905%20(19).pdf){.k-link -target="_blank" style="color:#0000EE"} on 4/15/2019\ -* -::: - -<div> - -::: phx-name -[Sec 15-1902 Abandoning -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1902_Abandoning_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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\'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. -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. -5. A lienholder as used in this section means those lienholders as - shown on the vehicle title. - -**State Law reference**--- Abandonment of vehicles, 47 O.S. § 901 et -seq. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[CHAPTER 15-20 PENALTIES AND ARREST -PROCEDURE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-20_PENALTIES_AND_ARREST_PROCEDURE){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 15-2001 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2001_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-2002 Citation Tags On Parked -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2002_Citation_Tags_On_Parked_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 15-2003 Presumption In Reference To Illegal -Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2003_Presumption_In_Reference_To_Illegal_Parking){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 15-2001 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2001_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No person shall do any act forbidden or fail to perform any act - required in this part. -2. No parent of a child or the guardian of a ward shall authorize any - child or ward to violate any provisions of this part. -3. 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. -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-2002 Citation Tags On Parked -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2002_Citation_Tags_On_Parked_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: phx-name -[Sec 15-2003 Presumption In Reference To Illegal -Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2003_Presumption_In_Reference_To_Illegal_Parking){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. The foregoing stated presumption shall apply only when the procedure - as described in this chapter has been followed. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 12/19/2016\ -* -::: - -<div> - -::: {.phx-name .phx-break} -[PART 16 -TRANSPORTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_16_TRANSPORTATION){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 16-1 -RAILROADS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_16-1_RAILROADS){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[CHAPTER 16-1 -RAILROADS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_16-1_RAILROADS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 16-101 Obstructing Passage Of -Trains](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-101_Obstructing_Passage_Of_Trains){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 16-102 Climbing On -Trains](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-102_Climbing_On_Trains){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 16-101 Obstructing Passage Of -Trains](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-101_Obstructing_Passage_Of_Trains){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 16-102) - -<div> - -::: phx-name -[Sec 16-102 Climbing On -Trains](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-102_Climbing_On_Trains){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 19-3; Code 1999, § 19-105) - -<div> - -::: {.phx-name .phx-break} -[PART 17 -UTILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_17_UTILITIES){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[CHAPTER 17-1 LEASE OF -SYSTEMS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-1_LEASE_OF_SYSTEMS){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 17-2 GARBAGE AND REFUSE -COLLECTION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-2_GARBAGE_AND_REFUSE_COLLECTION){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 17-3 CUSTOMER ASSISTANCE PROGRAM IN RESPONSE TO SANITARY SEWER -BACKUP](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-3_CUSTOMER_ASSISTANCE_PROGRAM_IN_RESPONSE_TO_SANITARY_SEWER_BACKUP){.k-link -target="_blank" style="color:#0000EE"}\ -[CHAPTER 17-4 SEWER, SEWAGE DISPOSAL AND INDUSTRIAL WASTE -PRETREATMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-4_SEWER,_SEWAGE_DISPOSAL_AND_INDUSTRIAL_WASTE_PRETREATMENT){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[CHAPTER 17-1 LEASE OF -SYSTEMS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-1_LEASE_OF_SYSTEMS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 17-101 Lease Of Utilities To -Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-101_Lease_Of_Utilities_To_Authority){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 17-102 Authority Rules Adopted By Reference, -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-102_Authority_Rules_Adopted_By_Reference,_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 17-101 Lease Of Utilities To -Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-101_Lease_Of_Utilities_To_Authority){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The city hereby consents and agrees to the lease of the city\'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 \"lease\" 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. - -(Code 1999, § 17-101) - -<div> - -::: phx-name -[Sec 17-102 Authority Rules Adopted By Reference, -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-102_Authority_Rules_Adopted_By_Reference,_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 17-102) - -<div> - -::: phx-name -[CHAPTER 17-2 GARBAGE AND REFUSE -COLLECTION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-2_GARBAGE_AND_REFUSE_COLLECTION){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[Sec 17-201 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-201_Definitions){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 17-202 -Receptacles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-202_Receptacles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 17-203 City To Furnish -Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-203_City_To_Furnish_Service){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 17-204 Refuse -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-204_Refuse_Vehicles){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 17-205 Refuse Not To -Accumulate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-205_Refuse_Not_To_Accumulate){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 17-206 -Dumping](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-206_Dumping){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 17-207 Contracting With Private -Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-207_Contracting_With_Private_Services){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 17-208 Certain Buildings To Use -Dumpsters](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-208_Certain_Buildings_To_Use_Dumpsters){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 17-209 Collection Rates And Charges For Sanitation -Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-209_Collection_Rates_And_Charges_For_Sanitation_Service){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 17-210 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-210_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ - -\ -**State Law reference**--- Solid Waste Management Act, 27A O.S. § -2-10-101 et seq.; littering, 21 O.S. § 1753.3 et seq.\ - -<div> - -::: phx-name -[Sec 17-201 -Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-201_Definitions){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -*Carry out service* means a special category of service by the city for -qualified persons who are physically unable to move the mobile -containers to the curbside. - -*Commercial* means any business, activity or use. - -*Curbside service* means pickup service provided by the city at the curb -or within the public street right-of-way. - -*Dumpster* means any commercial garbage container provided or approved -by the city, including, but not limited to, polycarts. - -*Garbage* 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 "garbage" does not include -recyclables.\ - -*Mobile container* means any residential garbage container provided or -approved by the city, including, but not limited to, polycarts. - -*Recyclables* means waste or materials that can be processed and used -again. The term "Recyclables" includes but is not limited to paper, -plastics, glass bottles and jars, aluminum and steel cans, cardboard and -paperboard cartons.\ -\ - -*Refuse* and *rubbish* 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 \"refuse\" and \"rubbish\" do not include -dirtor recyclables. - -*Yard trash* means lawn clippings and leaves which must be in a trash -bag and placed in a polycart at curb side. - -(Code 1999, § 17-201; Ord. No. 529, 7-2-1990) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[941(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349228_941%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/4/2020\ -Amended by Ord. -[989(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_989(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/4/2021\ -* -::: - -<div> - -::: phx-name -[Sec 17-202 -Receptacles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-202_Receptacles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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\'s certificate as proof of - a resident\'s inability to place the container at curbside. -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\'s expense. -5. Businesses collected on mobile container routes will be provided - with mobile containers. -6. 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. -7. 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. - -(Code 1999, § 17-202; Ord. No. 529, 7-2-1990; Ord. No. 190(97), -6-16-1997; Ord. No. 203(97), 8-18-1997) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[941(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349228_941%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 5/4/2020\ -* -::: - -<div> - -::: phx-name -[Sec 17-203 City To Furnish -Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-203_City_To_Furnish_Service){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, §§ 11-4, 11-6; Code 1999, § 17-203) - -<div> - -::: phx-name -[Sec 17-204 Refuse -Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-204_Refuse_Vehicles){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 11-5, in part; Code 1999, § 17-204) - -<div> - -::: phx-name -[Sec 17-205 Refuse Not To -Accumulate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-205_Refuse_Not_To_Accumulate){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Prior Code, § 11-7; Code 1999, § 17-205; Ord. No. 344(02), 1-7-2002; -Ord. No. 654(09), 9-8-2009) - -<div> - -::: phx-name -[Sec 17-206 -Dumping](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-206_Dumping){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 11-8, in part; Code 1999, § 17-206) - -<div> - -::: phx-name -[Sec 17-207 Contracting With Private -Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-207_Contracting_With_Private_Services){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -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\'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. - -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. - -[]{.cursor-fix} - -1. 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\'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. -2. 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\ - \ - -(Code 1999, § 17-207; Ord. No. 529, 7-2-1990) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[989(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_989(21).pdf){.k-link -target="_blank" style="color:#0000EE"} on 10/4/2021\ -* -::: - -<div> - -::: phx-name -[Sec 17-208 Certain Buildings To Use -Dumpsters](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-208_Certain_Buildings_To_Use_Dumpsters){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Prior Code, § 11-10; Code 1999, § 17-208) - -<div> - -::: phx-name -[Sec 17-209 Collection Rates And Charges For Sanitation -Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-209_Collection_Rates_And_Charges_For_Sanitation_Service){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 17-209; Ord. No. 529, 7-2-1990) - -::: phx-docs -HISTORY\ -*Amended by Ord. -[828(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328289_Ordinance%20No.%20828%20(16).pdf){.k-link -target="_blank" style="color:#0000EE"} on 8/1/2016\ -* -::: - -<div> - -::: phx-name -[Sec 17-210 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-210_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 17-210) - -<div> - -::: phx-name -[CHAPTER 17-3 CUSTOMER ASSISTANCE PROGRAM IN RESPONSE TO SANITARY SEWER -BACKUP](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-3_CUSTOMER_ASSISTANCE_PROGRAM_IN_RESPONSE_TO_SANITARY_SEWER_BACKUP){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 17-301 -Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-301_Purpose){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 17-302 Scope Of -Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-302_Scope_Of_Work){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 17-303 Exclusions And Items Outside Scope Of -Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-303_Exclusions_And_Items_Outside_Scope_Of_Work){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 17-304 -Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-304_Administration){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 17-301 -Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-301_Purpose){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -This chapter is enacted to provide a means of relief in order to ease -the impact of a sanitary sewer backup in a customer\'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\'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.\ - -<div> - -::: phx-name -[Sec 17-302 Scope Of -Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-302_Scope_Of_Work){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The customer assistance program is authorized to perform only the -following work as directed by the risk manager, loss control officer, or -designee: - -1. Spillage in yards: Removal of any solids and application of - disinfectant. -2. Spillage in structures: - 1. Vacuuming or removing spillage and waste material. - 2. Mopping affected bare floors and cleaning of baseboards, bare - walls and plumbing fixtures. - 3. Removal of small items which the customer authorizes for - disposal including small areas of carpet and pad. - 4. Moving of furniture as required for the sole purpose of - performing the above work and within the capabilities of the - crew. - -<div> - -::: phx-name -[Sec 17-303 Exclusions And Items Outside Scope Of -Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-303_Exclusions_And_Items_Outside_Scope_Of_Work){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The following items are excluded under this chapter: - -1. 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. -2. The customer assistance program will not be offered to businesses, - churches or commercial property. -3. The customer assistance program does not cover the cleaning of - towels, rugs, clothing, curtains, or other similar items. -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. - -::: phx-docs -HISTORY\ -*Adopted by Ord. -[930(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349082_930%20(20).pdf){.k-link -target="_blank" style="color:#0000EE"} on 1/6/2020\ -* -::: - -<div> - -::: phx-name -[Sec 17-304 -Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-304_Administration){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Code 1999, § 17-304; Ord. No. 137(95), 12-4-1995; Ord. No. 162(96), -7-1-1996) - -<div> - -::: phx-name -[CHAPTER 17-4 SEWER, SEWAGE DISPOSAL AND INDUSTRIAL WASTE -PRETREATMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-4_SEWER,_SEWAGE_DISPOSAL_AND_INDUSTRIAL_WASTE_PRETREATMENT){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[Sec 17-401 Regulations -Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-401_Regulations_Adopted){.k-link -target="_blank" style="color:#0000EE"}\ -[Sec 17-402 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-402_Penalty){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[Sec 17-401 Regulations -Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-401_Regulations_Adopted){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The city\'s \"Sewer, Sewage Disposal and Industrial Waste Pretreatment -Regulations,\" 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. - -(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) - -<div> - -::: phx-name -[Sec 17-402 -Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-402_Penalty){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -A violation of the city\'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. - -(Code 1999, § 17-402) - -<div> - -::: {.phx-name .phx-break} -[APPENDIX 1 ELECTRIC -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_ELECTRIC_FRANCHISE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -::: toc -[APPENDIX 1 SECTION 1 -DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_1_DEFINITIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 1 SECTION 2 GRANT -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_2_GRANT_FRANCHISE){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 1 SECTION 3 NOT TO IMPEDE -TRAFFIC](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_3_NOT_TO_IMPEDE_TRAFFIC){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 1 SECTION 4 HOLD HARMLESS TO -CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_4_HOLD_HARMLESS_TO_CITY){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 1 SECTION 5 COMPLIANCE WITH -RULES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_5_COMPLIANCE_WITH_RULES){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 1 SECTION 6 -ASSIGNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_6_ASSIGNMENT){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 1 SECTION 7 FRANCHISE -FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_7_FRANCHISE_FEE){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 1 SECTION 8 SERVICE TO -CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_8_SERVICE_TO_CITY){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 1 SECTION 9 SPECIAL -ELECTION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_9_SPECIAL_ELECTION){.k-link -target="_blank" style="color:#0000EE"}\ - -\ - -<div> - -::: phx-name -[APPENDIX 1 SECTION 1 -DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_1_DEFINITIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The Word \"City\" as hereinafter used shall mean and designate the City -of Moore, Cleveland County, Oklahoma, and the word \"Company\" 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. - -(Ord. No. 741(13), 2-4-2013) - -<div> - -::: phx-name -[APPENDIX 1 SECTION 2 GRANT -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_2_GRANT_FRANCHISE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Ord. No. 741(13), 2-4-2013) - -<div> - -::: phx-name -[APPENDIX 1 SECTION 3 NOT TO IMPEDE -TRAFFIC](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_3_NOT_TO_IMPEDE_TRAFFIC){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The Company shall construct, operate and maintain its property in such -manner as will, consistent with necessity, not obstruct nor impede -traffic unduly. - -(Ord. No. 741(13), 2-4-2013) - -<div> - -::: phx-name -[APPENDIX 1 SECTION 4 HOLD HARMLESS TO -CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_4_HOLD_HARMLESS_TO_CITY){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Ord. No. 741(13), 2-4-2013) - -<div> - -::: phx-name -[APPENDIX 1 SECTION 5 COMPLIANCE WITH -RULES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_5_COMPLIANCE_WITH_RULES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Ord. No. 741(13), 2-4-2013) - -<div> - -::: phx-name -[APPENDIX 1 SECTION 6 -ASSIGNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_6_ASSIGNMENT){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Ord. No. 741(13), 2-4-2013) - -<div> - -::: phx-name -[APPENDIX 1 SECTION 7 FRANCHISE -FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_7_FRANCHISE_FEE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Ord. No. 741(13), 2-4-2013) - -<div> - -::: phx-name -[APPENDIX 1 SECTION 8 SERVICE TO -CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_8_SERVICE_TO_CITY){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Ord. No. 741(13), 2-4-2013) - -<div> - -::: phx-name -[APPENDIX 1 SECTION 9 SPECIAL -ELECTION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_9_SPECIAL_ELECTION){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Ord. No. 741(13), 2-4-2013) - -<div> - -::: {.phx-name .phx-break} -[APPENDIX 2 THE MOORE CABLE SYSTEM -ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_THE_MOORE_CABLE_SYSTEM_ORDINANCE){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[APPENDIX 2 SECTION 1 -DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_1_DEFINITIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 2 GRANT OF AUTHORITY; FRANCHISE -REQUIRED](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_2_GRANT_OF_AUTHORITY;_FRANCHISE_REQUIRED){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 3 FRANCHISE -CHARACTERISTICS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_3_FRANCHISE_CHARACTERISTICS){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 4 APPLICATIONS FOR GRANT, RENEWAL, MODIFICATIONS OR -TRANSFER OF -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_4_APPLICATIONS_FOR_GRANT,_RENEWAL,_MODIFICATIONS_OR_TRANSFER_OF_FRANCHISE){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 5 GRANT OF -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_5_GRANT_OF_FRANCHISE){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 6 ELECTION AND COSTS -THEREOF](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_6_ELECTION_AND_COSTS_THEREOF){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 7 -INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_7_INSURANCE){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 8 -INDEMNIFICATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_8_INDEMNIFICATION){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 9 PERFORMANCE -BOND](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_9_PERFORMANCE_BOND){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 10 MINIMUM FACILITY AND -SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_10_MINIMUM_FACILITY_AND_SERVICE){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 11 SIGNAL QUALITY -REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_11_SIGNAL_QUALITY_REQUIREMENTS){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 12 TECHNICAL -STANDARDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_12_TECHNICAL_STANDARDS){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 13 ERECTION, REMOVAL AND COMMON USE OF -POLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_13_ERECTION,_REMOVAL_AND_COMMON_USE_OF_POLES){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 14 SAFETY -REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_14_SAFETY_REQUIREMENTS){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 15 REMOVAL OF FACILITIES UPON -REQUEST](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_15_REMOVAL_OF_FACILITIES_UPON_REQUEST){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 16 SUBSCRIBER RATES, CHARGES AND -REFUNDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_16_SUBSCRIBER_RATES,_CHARGES_AND_REFUNDS){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 17 CUSTOMER SERVICE -REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_17_CUSTOMER_SERVICE_REQUIREMENTS){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 18 POLE AGREEMENTS; -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_18_POLE_AGREEMENTS;_REGULATIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 19 RESERVATION OF -RIGHTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_19_RESERVATION_OF_RIGHTS){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 20 OWNERSHIP OF -FACILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_20_OWNERSHIP_OF_FACILITIES){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 21 DISCRIMINATION -PROHIBITED](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_21_DISCRIMINATION_PROHIBITED){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 22 LIQUIDATED -DAMAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_22_LIQUIDATED_DAMAGES){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 23 FRANCHISE DEFAULT AND ENFORCEMENT -REMEDIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_23_FRANCHISE_DEFAULT_AND_ENFORCEMENT_REMEDIES){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 24 FRANCHISE -FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_24_FRANCHISE_FEE){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 25 RENEWAL OF -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_25_RENEWAL_OF_FRANCHISE){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 26 TRANSFER OF A -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_26_TRANSFER_OF_A_FRANCHISE){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 27 MAPS, REPORTS AND -RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_27_MAPS,_REPORTS_AND_RECORDS){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 28 -ADMINISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_28_ADMINISTRATION){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 29 SUBSCRIBER -PRIVACY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_29_SUBSCRIBER_PRIVACY){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 30 COMPLIANCE WITH FCC REGULATIONS AND -STANDARDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_30_COMPLIANCE_WITH_FCC_REGULATIONS_AND_STANDARDS){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 31 COMPLIANCE WITH APPLICABLE LAWS AND -ORDINANCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_31_COMPLIANCE_WITH_APPLICABLE_LAWS_AND_ORDINANCES){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 32 REVOCATION OR TERMINATION OF -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_32_REVOCATION_OR_TERMINATION_OF_FRANCHISE){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 33 PERIODIC -REVIEWS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_33_PERIODIC_REVIEWS){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 34 DESCRIPTIVE -HEADINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_34_DESCRIPTIVE_HEADINGS){.k-link -target="_blank" style="color:#0000EE"}\ -[APPENDIX 2 SECTION 35 CHOICE OF LAW, VENUE AND ATTORNEYS -FEES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_35_CHOICE_OF_LAW,_VENUE_AND_ATTORNEYS_FEES){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[APPENDIX 2 SECTION 1 -DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_1_DEFINITIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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 \"shall\" and -\"will\" are mandatory, and \"may\" 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. - -1. \"Access channel\" 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. -2. \"Affiliate\" means an entity which owns or controls, is owned or - controlled by, or is under common ownership or control with - Franchisee. -3. \"Application\" 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. -4. \"Cable system\" 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. -5. \"Cable Act\" 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. -6. \"Cable service\" 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. -7. \"City\" means the City of Moore, Oklahoma. -8. \"City attorney\" is the City Attorney for the City of Moore, - Oklahoma. -9. \"City clerk\" is the City Clerk of the City of Moore, Oklahoma. -10. \"City engineer\" is the City Engineer of the City of Moore, - Oklahoma. -11. \"City manager\" means the City Manager of Moore, Oklahoma or his - duly authorized representative. -12. \"Converter\" means a device used for changing the frequency of a - television signal. It may also include descrambling or decoding - capabilities. -13. \"Council\" is the City Council of the City of Moore, Oklahoma. -14. \"FCC\" means the Federal Communications Commission. -15. \"Franchise\" 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. -16. \"Franchise agreement\" means the contract entered into in - accordance with this Ordinance, and sets forth the terms and - conditions under which the Franchise will be exercised. -17. \"Franchisee\" means any Person granted a Franchise pursuant to this - Ordinance and shall include any successor thereto. -18. \"Gross revenues\" 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. -19. \"Normal business hours\" 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. -20. \"Normal operating conditions\" 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. -21. \"Ordinance\" means the Moore Cable System Ordinance, unless the - context shall indicate otherwise. -22. \"Person\" 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. -23. \"Public way\" 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. -24. \"Service area\" means the present municipal boundaries of the City - and any additions thereto by annexation or other legal means. -25. \"Subscriber\" means any Person who legally receives Cable Service - delivered over the System. -26. \"System\" means the Cable System. -27. \"Transfer of franchise\" 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 2 GRANT OF AUTHORITY; FRANCHISE -REQUIRED](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_2_GRANT_OF_AUTHORITY;_FRANCHISE_REQUIRED){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 3 FRANCHISE -CHARACTERISTICS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_3_FRANCHISE_CHARACTERISTICS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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\'s - consent, nor does the Franchise permit the use of privately-owned - easements without separate agreement of the owners, unless otherwise - permitted by law. -3. A Franchise shall be nonexclusive, and will not preclude the - issuance of another Franchise, nor affect the City\'s right to - authorize use of any Public Way by other Persons as it deems - appropriate. -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. -5. 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. -6. 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. -7. The Franchisee shall make Cable Service available to all residents - and businesses within the City, subject to the provisions of Section - 10.5. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 4 APPLICATIONS FOR GRANT, RENEWAL, MODIFICATIONS OR -TRANSFER OF -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_4_APPLICATIONS_FOR_GRANT,_RENEWAL,_MODIFICATIONS_OR_TRANSFER_OF_FRANCHISE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. All Applications shall identify Persons authorized to act on behalf - of the applicant with respect to the Application. -4. All Applications accepted for filing by the City shall be available - during the City\'s regular business hours for public inspection. -5. An Application for the initial grant of a Franchise shall contain, - at a minimum, the following information: - 1. 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. - 2. 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. - 3. A demonstration of the applicant\'s technical, legal and - financial ability to construct and/or operate the proposed - System, including identification of key personnel. - 4. A description of the applicant\'s prior experience in System - ownership and construction, and identification of all - communities the applicant or its principals have served. - 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. - 6. 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. - 7. 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. - 8. 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. - 9. A demonstration of how the applicant\'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. - 10. A statement showing pro-forma financial projections for the - first five (5) years. - 11. 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. - 12. Any other information which may be necessary to demonstrate - compliance with all laws as may be relevant to City\'s - consideration of the Application. -6. An Application for modifications of the Franchise Agreement shall - include, as a minimum, the following information: - 1. The specified modifications requested. - 2. 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. - 3. Any other relevant information which may be reasonably necessary - for the City to make an informed decision. -7. An Application for renewal of a Franchise shall comply with the - requirements of Section 25 herein. -8. An Application for approval of the Transfer of a Franchise shall - comply with the requirements of Section 26 herein. -9. Each Application shall be accompanied by a filing fee in the - following amounts as may be appropriate: - 1. For new or initial Franchise \.....\$500.00 - 2. For renewal of a Franchise \.....\$500.00 - 3. For a transfer of a Franchise \.....\$250.00 - 4. For a modification of Franchise Agreement \.....\$150.00 - 5. For any other relief \.....\$150.00 - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 5 GRANT OF -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_5_GRANT_OF_FRANCHISE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. In evaluating an Application for an initial Franchise, the City may - consider, among other things, the following factors: the - applicant\'s technical, financial, and legal qualifications to - construct and operate the proposed System; the nature of the - proposed facilities, equipment, and services; the applicant\'s - experience in constructing and operating Systems and providing Cable - Service in other communities, if any; the ability of City\'s Public - Ways to accommodate the proposed System; the potential disruption to - users of City\'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. -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\'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. -5. 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. -6. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 6 ELECTION AND COSTS -THEREOF](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_6_ELECTION_AND_COSTS_THEREOF){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 7 -INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_7_INSURANCE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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:\ - \ - ----------------------------------- ----------------------------------- - General Liability Insurance - - Bodily Injury per Person\ \$1,000,000.00\ - - Bodily Injury per Occurrence\ 2,000,000.00\ - - Property Damage per Occurrence\ 500,000.00\ - - Automobile Insurance - - Bodily Injury per Person\ \$1,000,000.00\ - - Bodily Injury per Occurrence\ 2,000,000.00\ - - Property Damage per Occurrence\ 500,000.00\ - ----------------------------------- ----------------------------------- - - In no event shall the coverage or amounts be less than those - established as the City\'s liability limits under Oklahoma - Governmental Tort Claims Act, as may be amended from time to time. -2. The Franchisee shall also provide workers\' compensation coverage as - required by the laws of the State of Oklahoma. -3. All insurance policies shall be with companies licensed to conduct - business in the State of Oklahoma. -4. All insurance policies must name the City as an additional named - insured and no cancellation shall be effective, except upon - thirty (30) days\' written notice to the City, and unless another - policy is in effect on or before the date of cancellation. -5. The insurance coverage, as evidenced by the certificates of - insurance shall be filed and maintained with the City. -6. Franchisee shall provide proof to the City of compliance with this - Section no later than the effective date of the Franchise. -7. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 8 -INDEMNIFICATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_8_INDEMNIFICATION){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Except in the event of the City\'s, its employees\' or agents\' - 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: - 1. Franchisee\'s construction, installation, maintenance or - operation of its System. - 2. 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. - 3. The conduct of Franchisee\'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. -2. 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 \"Claim\") 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. -3. 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. -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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 9 PERFORMANCE -BOND](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_9_PERFORMANCE_BOND){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'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. -2. 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. -3. 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. -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\' written notice to - the City from the surety or issuer of the performance bond of its - intention to cancel or not renew. -5. The performance bond shall be filed and maintained with the City - Clerk. -6. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 10 MINIMUM FACILITY AND -SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_10_MINIMUM_FACILITY_AND_SERVICE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -1. The System shall be capable of both one-way and two-way transmission - and shall be capable of delivering 110 analog channels. -2. 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. -3. 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. -4. 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. -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. -6. The Franchisee shall provide a total of two (2) Access Channels as - set forth below: - 1. The Franchisee shall make available for use by the City, free of - charge, one (1) government access channel. - 2. The Franchisee shall make available for use by the public - educational institutions, free of charge, one (1) educational - Access Channel. - 3. The Franchisee shall be allowed to utilize any unused time on - the Access Channels. -7. The System shall provide leased Access Channels as required by - federal law. -8. 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. -9. 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. -10. When constructing or reconstructing the System, the Franchisee shall - place all cable, appurtenances, and transmission facilities in - accordance with the following requirements: - 1. 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. - 2. 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. - 3. 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. -11. 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. -12. All signals shall include any closed caption information for the - hearing impaired, as required by the FCC. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 11 SIGNAL QUALITY -REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_11_SIGNAL_QUALITY_REQUIREMENTS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The Franchisee shall: - -1. 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. -2. 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. -3. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 12 TECHNICAL -STANDARDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_12_TECHNICAL_STANDARDS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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. -5. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 13 ERECTION, REMOVAL AND COMMON USE OF -POLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_13_ERECTION,_REMOVAL_AND_COMMON_USE_OF_POLES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 14 SAFETY -REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_14_SAFETY_REQUIREMENTS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 15 REMOVAL OF FACILITIES UPON -REQUEST](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_15_REMOVAL_OF_FACILITIES_UPON_REQUEST){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 16 SUBSCRIBER RATES, CHARGES AND -REFUNDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_16_SUBSCRIBER_RATES,_CHARGES_AND_REFUNDS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. *Rate Regulations*. - 1. 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. -2. *Rate and Charge Limitations*. - 1. 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. - 2. 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. - 3. 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: - 1. The subscriber\'s bill sets forth when the fee will be - assessed; - 2. The fee is not assessed any earlier than the tenth (10th) - day after the due date as reflected on the subscriber\'s - bill; and - 3. 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\'s right to charge any other lawful - fees or charges. - 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 17 CUSTOMER SERVICE -REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_17_CUSTOMER_SERVICE_REQUIREMENTS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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\'s regional office. -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. -5. The Franchisee shall adhere to the Customer Service Standards - mandated by the FCC, which are incorporated by reference. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 18 POLE AGREEMENTS; -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_18_POLE_AGREEMENTS;_REGULATIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - 1. Upon request, all pole attachment agreements obtained from - public and private utility companies shall be made available to - the City Clerk. - 2. All pole attachment agreements with the City shall be negotiated - and approved by the Council. -3. 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. -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. -5. 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\' advance notice to arrange for such - temporary facility changes. -6. 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. -7. 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. -8. Upon completion of any work, the Franchisee shall restore all - property to its former condition. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 19 RESERVATION OF -RIGHTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_19_RESERVATION_OF_RIGHTS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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\'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\'s sole expense. -5. 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\'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. -6. 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. -7. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 20 OWNERSHIP OF -FACILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_20_OWNERSHIP_OF_FACILITIES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 21 DISCRIMINATION -PROHIBITED](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_21_DISCRIMINATION_PROHIBITED){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. A Franchisee shall have a rate structure which is uniform throughout - its Cable Service Area to the extent required by applicable law. -2. 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. -3. 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. -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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 22 LIQUIDATED -DAMAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_22_LIQUIDATED_DAMAGES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. 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. - 2. 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. - 3. 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. - 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. - 5. 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. - 6. 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. -2. Prior to the imposition of any liquidation damages by the City, the - City shall comply with the procedures set forth in Section 23, - below. -3. Payment of such damages shall not relieve the Franchisee of its - obligation to comply with the terms of the Franchise. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 23 FRANCHISE DEFAULT AND ENFORCEMENT -REMEDIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_23_FRANCHISE_DEFAULT_AND_ENFORCEMENT_REMEDIES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. 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. -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: - 1. Order Franchisee to cure default; or - 2. 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 - 3. Revoke or terminate the Franchise following the procedures - specified in this Ordinance. -5. 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. -6. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 24 FRANCHISE -FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_24_FRANCHISE_FEE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s Gross Revenues received from the operation of its - System to provide Cable Service within the City, based on the - following schedule: - 1. Three percent (3%) for revenue through December 31, 2003; - 2. Four percent (4%) for revenue from January 1, 2004, through - December 31, 2005; and - 3. Five percent (5%) for revenue on and after January 1, 2006. -2. 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. -3. 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\' written notice from the City, be deemed in material default - and subject to the provisions of this Ordinance regarding - termination of a Franchise. -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\'s chief financial officer or authorized - designee. The same reports shall be due within ninety (90) days of - the termination of the Franchise. -5. 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. -6. 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. -7. 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\'s Regional office. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 25 RENEWAL OF -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_25_RENEWAL_OF_FRANCHISE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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: - -1. 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. -2. At the conclusion of the public hearings on the renewal Application, - the Council will either: - 1. 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 - 2. Pass a resolution that makes a preliminary assessment that the - Franchise should not be renewed. -3. 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. -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. -5. 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. -6. 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. -7. 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\'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\'s - and/or surety\'s expense. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 26 TRANSFER OF A -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_26_TRANSFER_OF_A_FRANCHISE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. No Transfer of a Franchise shall occur without prior approval of the - City, which shall not be unreasonably withheld, conditioned or - delayed. -2. 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. -3. 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: - 1. A statement of the reason for the contemplated transfer. - 2. The name, address and telephone number of the proposed - transferee. - 3. A detailed statement of the corporate or other business entity - organization of the proposed transferee, including but not - limited to the following: - 1. The names, business addresses, state of residence and - country of citizenship of all general partners and corporate - officers of the proposed transferee. - 2. 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. - 3. 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. - 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\'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. - 5. 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. - 6. Other information the City may reasonably request consistent - with FCC regulations. -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\'s or proposed transferee\'s - commitment to cure such material noncompliance. -5. 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. -6. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 27 MAPS, REPORTS AND -RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_27_MAPS,_REPORTS_AND_RECORDS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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 \"route\" map of the existing System. The maps shall be - updated any time route changes are made in the System. -2. The City reserves the right to review complete detailed maps of the - Franchisee\'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. -3. A Franchisee shall, upon request, file with the City an annual - report reflecting the cable activities concerning the City that - includes the following information: - 1. A summary of the immediate past year\'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. - 2. 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. - 3. 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. - 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. - 5. 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. - 6. A copy of the Franchisee\'s rules and regulations applicable to - Subscribers and customers of the System. - 7. A report indicating the types of discounts and promotions - offered in the prior year. - 8. A detailed description of all services and a schedule of all - rates, fees and charges for all such services, including - discounts and promotions. -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. -5. 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. -6. 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. -7. The City shall have the right to inspect at Franchisee\'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\'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. -8. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 28 -ADMINISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_28_ADMINISTRATION){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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\'s written - decision which the Franchisee seeks to appeal. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 29 SUBSCRIBER -PRIVACY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_29_SUBSCRIBER_PRIVACY){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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\'s grant of permission to - disclose information which, pursuant to local, federal or state law, - cannot be disclosed without the Subscriber\'s explicit consent. -2. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 30 COMPLIANCE WITH FCC REGULATIONS AND -STANDARDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_30_COMPLIANCE_WITH_FCC_REGULATIONS_AND_STANDARDS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. A Franchisee shall comply with all FCC rules, regulations and - technical standards adopted by the FCC which pertain to the - operation of the System. -2. 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\'s request. -3. 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\'s - operations within the City. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 31 COMPLIANCE WITH APPLICABLE LAWS AND -ORDINANCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_31_COMPLIANCE_WITH_APPLICABLE_LAWS_AND_ORDINANCES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. -3. The Franchisee shall conform to all zoning and platting requirements - of the City prior to the commencement of any and all construction - work. -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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 32 REVOCATION OR TERMINATION OF -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_32_REVOCATION_OR_TERMINATION_OF_FRANCHISE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. 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. - 2. 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. - 3. Practices any finally adjudicated fraud or deceit upon the City - or its citizens. - 4. Disposes of any of the facilities or property of its System to - prevent the City from purchasing same, as provided for herein. - 5. 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. -2. 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. -3. 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: - 1. Commence an action at law for monetary damages or seek other - equitable relief; - 2. Declare the Franchise to be terminated; or - 3. 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. -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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 33 PERIODIC -REVIEWS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_33_PERIODIC_REVIEWS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. A Franchisee shall provide the City with such records and - information which may be reasonably necessary to conduct the review. -3. 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. -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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 34 DESCRIPTIVE -HEADINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_34_DESCRIPTIVE_HEADINGS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -The headings of the sections of this Ordinance are descriptive only. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: phx-name -[APPENDIX 2 SECTION 35 CHOICE OF LAW, VENUE AND ATTORNEYS -FEES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_35_CHOICE_OF_LAW,_VENUE_AND_ATTORNEYS_FEES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -(Ord. No. 398(02), 12-16-2002) - -<div> - -::: {.phx-name .phx-break} -[APPENDIX 3 GAS -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_3_GAS_FRANCHISE){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -::: toc -[SECTION 1 -DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_1_DEFINITIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[SECTION 2 GRANT OF -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_2_GRANT_OF_FRANCHISE){.k-link -target="_blank" style="color:#0000EE"}\ -[SECTION 3 FRANCHISE ASSIGNMENT, SALE OR -LEASE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_3_FRANCHISE_ASSIGNMENT,_SALE_OR_LEASE){.k-link -target="_blank" style="color:#0000EE"}\ -[SECTION 4 USE AND REPAIR OF THE PUBLIC -WAYS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_4_USE_AND_REPAIR_OF_THE_PUBLIC_WAYS){.k-link -target="_blank" style="color:#0000EE"}\ -[SECTION 5 REGULATION OF -SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_5_REGULATION_OF_SERVICE){.k-link -target="_blank" style="color:#0000EE"}\ -[SECTION 6 DEPTH OF -PIPELINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_6_DEPTH_OF_PIPELINES){.k-link -target="_blank" style="color:#0000EE"}\ -[SECTION 7 DUTY TO MOVE OR ALTER -LINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_7_DUTY_TO_MOVE_OR_ALTER_LINES){.k-link -target="_blank" style="color:#0000EE"}\ -[SECTION 8 INDEMNIFICATION OF -GRANTOR](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_8_INDEMNIFICATION_OF_GRANTOR){.k-link -target="_blank" style="color:#0000EE"}\ -[SECTION 9 GRANTEE'S RULES AND -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_9_GRANTEE’S_RULES_AND_REGULATIONS){.k-link -target="_blank" style="color:#0000EE"}\ -[SECTION 10 INSPECTION OF -RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_10_INSPECTION_OF_RECORDS){.k-link -target="_blank" style="color:#0000EE"}\ -[SECTION 11 CONSIDERATION FOR FRANCHISE: FRANCHISE -FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_11_CONSIDERATION_FOR_FRANCHISE:_FRANCHISE_FEE){.k-link -target="_blank" style="color:#0000EE"}\ -[SECTION 12 CONDITIONS OF -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_12_CONDITIONS_OF_FRANCHISE){.k-link -target="_blank" style="color:#0000EE"}\ -[SECTION 13 INVALIDITY OF -ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_13_INVALIDITY_OF_ORDINANCE){.k-link -target="_blank" style="color:#0000EE"}\ -[SECTION 14 ELECTION -REQUIRED](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_14_ELECTION_REQUIRED){.k-link -target="_blank" style="color:#0000EE"}\ -[SECTION 15 ACCEPTANCE, OPERATIVE AND EFFECTIVE DATE; -EMERGENCY](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_15_ACCEPTANCE,_OPERATIVE_AND_EFFECTIVE_DATE;_EMERGENCY){.k-link -target="_blank" style="color:#0000EE"}\ -\ - -<div> - -::: phx-name -[SECTION 1 -DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_1_DEFINITIONS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -SECTION 1. DEFINITIONS - -1. As used in this Ordinance, the following words and phrases shall - have the following meanings: "Calculated Value" 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. -2. "Consumer" 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. -3. \"Dekatherm" or "Dth" shall mean a measurement of natural gas equal - to 1,000,000 British Thermal Units ("Btu"), 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. -4. \"Distributed" or "Distribution" 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's Distribution System. -5. "Distribution System" 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. -6. "Franchise" shall mean the rights and privileges granted by Grantor - to Grantee under Subsection A of Section 2 of this Ordinance. -7. "Franchise Fee" or "Franchise Fees" 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. -8. "Grantee" shall mean ONE Gas, Inc., a corporation acting by and - through its Oklahoma Natural Gas Company division, and its - successors and assigns. -9. "Grantor" shall mean the City of Moore, Oklahoma, a municipal - corporation, hereinafter also referred to as the "City". -10. "Gross Receipts" 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. -11. "Install, operate and maintain" shall mean to acquire, erect, - construct, install, extend, repair, remove, relocate, replace, or - otherwise operate and maintain. -12. "Public Ways" 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. -13. "Settlement Price" 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. -14. "Transportation Tariff Arrangement" 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's Distribution - System and under one of Grantee's tariffs or special contract for - delivery to the Consumer. -15. "Transport Gas" 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's Distribution - System to any Consumer or user located within the municipal - corporate limits of the City. -16. "Transport Gas Consumer" shall mean a Consumer which uses Transport - Gas. -17. \"Volumetric Rate" 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 "A" 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 "3% Bundled Franchise Fee - Rate" set forth on "Exhibit A" shall be completed by Grantee and - filed with the City Clerk of the City upon Grantee's acceptance of - this franchise and annually by each July following acceptance. The - calculation filed upon Grantee'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 "A" as - "settlement price average"), exceeds the Index price for ONEOK Gas - Transportation, L.L.C., that is listed in the issue of Platt's - "Inside FERC's Gas Market Report" published on the first business - day of the respective month ("Platt's Index price"), then the - Platt'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'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). -18. "Volumetric Rate Fee" or "Volumetric Rate Fees" 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). - -\ - -<div> - -::: phx-name -[SECTION 2 GRANT OF -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_2_GRANT_OF_FRANCHISE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -\ - -1. 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. -2. 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. -3. 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. - -\ - -<div> - -::: phx-name -[SECTION 3 FRANCHISE ASSIGNMENT, SALE OR -LEASE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_3_FRANCHISE_ASSIGNMENT,_SALE_OR_LEASE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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: - 1. The proposed assignment, sale, lease or transfer shall be in - writing - 2. 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 - 3. 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'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. -2. After the operative date of this ordinance, Grantee shall have the - right to enter into or continue to operate pursuant to any - "Transportation Tariff Arrangement" 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's Distribution System for delivery to any - Consumer located within the municipal corporate limits of the City, - subject to the following: - 1. 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; - 2. 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. - -\ - -<div> - -::: phx-name -[SECTION 4 USE AND REPAIR OF THE PUBLIC -WAYS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_4_USE_AND_REPAIR_OF_THE_PUBLIC_WAYS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. Grantee'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. -2. 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'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's reasonable standards and - specifications. -3. Upon Grantee'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's failure shall then be charged and - collected from the Grantee. -4. Grantor reserves the right to make and enforce reasonable - regulations concerning the construction of Grantee's Distribution - System located within, along, across, over, or under the Public Ways - and to reasonably designate where the Distribution System'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 - -\ - -<div> - -::: phx-name -[SECTION 5 REGULATION OF -SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_5_REGULATION_OF_SERVICE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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. -2. 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. - -\ - -<div> - -::: phx-name -[SECTION 6 DEPTH OF -PIPELINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_6_DEPTH_OF_PIPELINES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -After the operative date of this franchise, Grantee'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.\ - -<div> - -::: phx-name -[SECTION 7 DUTY TO MOVE OR ALTER -LINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_7_DUTY_TO_MOVE_OR_ALTER_LINES){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. 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's pipeline unless Grantor or - its agents or contractors are negligent in causing said damage. -2. 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'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. -3. 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. -4. "Person," "firm," "corporation," and "entity" 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. - -\ - -<div> - -::: phx-name -[SECTION 8 INDEMNIFICATION OF -GRANTOR](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_8_INDEMNIFICATION_OF_GRANTOR){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[SECTION 9 GRANTEE'S RULES AND -REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_9_GRANTEE’S_RULES_AND_REGULATIONS){.k-link -style="margin-bottom:15px; color:#0000EE;" target="_blank"} -::: - -</div> - -\ - -<div> - -::: phx-name -[SECTION 10 INSPECTION OF -RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_10_INSPECTION_OF_RECORDS){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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'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.\ - -<div> - -::: phx-name -[SECTION 11 CONSIDERATION FOR FRANCHISE: FRANCHISE -FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_11_CONSIDERATION_FOR_FRANCHISE:_FRANCHISE_FEE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -1. In consideration for the rights and privileges enjoyed under this - franchise, Grantee agrees to pay Grantor as follows: - 1. 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. - 2. 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'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. -2. 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. -3. Grantee'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. -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. -5. The City'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: - 1. 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 - 2. 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. -6. Grantee shall update its records for the purpose of franchise fee - payments as soon as reasonably practicable after receiving such - notice. -7. 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. -8. 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. - -\ - -<div> - -::: phx-name -[SECTION 12 CONDITIONS OF -FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_12_CONDITIONS_OF_FRANCHISE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[SECTION 13 INVALIDITY OF -ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_13_INVALIDITY_OF_ORDINANCE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[SECTION 14 ELECTION -REQUIRED](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_14_ELECTION_REQUIRED){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.\ - -<div> - -::: phx-name -[SECTION 15 ACCEPTANCE, OPERATIVE AND EFFECTIVE DATE; -EMERGENCY](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_15_ACCEPTANCE,_OPERATIVE_AND_EFFECTIVE_DATE;_EMERGENCY){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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. - -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. - -\ - -<div> - -::: {.phx-name .phx-break} -[STATE LAW REFERENCES -TABLE](https://moore.municipalcodeonline.com/book?type=ordinances#name=STATE_LAW_REFERENCES_TABLE){.k-link -style="margin-bottom:15px; color:#000;" target="_blank"} -::: - -</div> - -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.). - - ----------------------- ------------------------------------------------------------------- ----------------------- - O.S. Title Section Section 2018 Code - - 2 7-401 et seq. Pt. 8, Ch. 6, Art. B - - \ [[\--]{style="white-space: normal;"}]{color="#000000" 8-621 - face="source-serif-pro, serif" - mce-style="color: #000000; font-family: source-serif-pro, serif;" - style="color: #000000; font-family: source-serif-pro, serif;"} - - \ 10-9.1 et seq. 8-102 - - \ 20-40 et seq. 8-102 - - 7 11-902 15-520 - - \ 11 15-1712 - - \ 12 15-1712 - - \ 19.11 11-115 - - 9 1301 - 1340 6-116 - - 10 401 et seq. 8-702 - - \ \-- Pt. 9, Ch. 4 - - 10A 2-2-103 6-132 - - \ 2-5-205 10-802 - - 11 1-102\ 8-205 - - \ \--\ 8-213 - - \ \--\ 8-303 - - \ \--\ 8-305 - - \ 14-101 et seq.\ 15-303 - - \ 14-107 5-201 - - \ \--\ 5-204 - - \ \--\ 5-206, 5-207 - - \ \--\ 5-209 - - \ \--\ 5-301 - - \ \--\ 5-401 - - \ \--\ 5-501 - - \ \--\ 5-601 - - \ \-- 5-901 - - \ \--\ 13-101 - - \ \--\ 13-111 - - \ 14-108 1-101 - - \ \--\ 1-103 - - \ 14-109 1-101 - - \ \--\ 1-103 - - \ 14-111 1-108 - - \ 20-101 et seq. 1-302 - - \ 21-101 Pt. 5 (note) - - \ 22-106 Pt. 9 (note) - - \ \--\ Pt. 9, Ch. 1 - - \ 22-107 Pt. 9 (note) - - \ \--\ Pt. 9, Ch. 1 - - \ 22-109 10-510 - - \ 22-110 Pt. 10, Ch. 4, Art. B - - \ \--\ 10-201 - - \ \--\ 10-328 - - \ \--\ 10-403 - - \ 22-111 Pt. 8, Ch.2 - - \ 22-112 8-301 - - \ 22-112 et seq. Pt. 4 (note) - - \ 22-112.1 8-301 - - \ 22-115 et seq. Pt. 4 (note) - - \ \--\ Pt. 4, Ch. 1 - - \ 22-115 4-121 - - \ 22-117 15-531 - - \ 22-121 8-1002 - - \ 26-101 et seq. Pt. 11, Ch. 3 - - \ 27-101 et seq. Pt. 6 (note) - - \ 27-103 6-103 - - \ 27-104 6-201, 6-202 - - \ \--\ 6-206 - - \ 27-105 6-104 - - \ 27-108 6-107 - - \ 27-109 6-106 - - \ 27-110 6-105 - - \ 27-111 6-108 - - \ 27-113 6-123 - - \ 27-114 6-109 - - \ 27-115 6-112 - - \ 27-117 6-113 - - \ \--\ 6-118 - - \ 27-117.1 6-114 - - \ \--\ 6-118 - - \ 27-122 6-129 - - \ 27-123 6-126 - - \ 29-105 Pt.3, Ch. 2, Art. A - - \ 31-101 et seq. Pt. 11, Ch. 2 - - \ 31-101 11-202 - - \ 31-102\ 11-202 - - \ 31-104 - 31-108 11-202 - - \ 33-101 et seq. Pt. 11, Ch. 1 - - \ 34-101 et seq. Pt. 13, Ch.3 - - \ 34-104 Pt. 7, Ch. 8 - - \ \--\ 7-802 - - \ 36-101 et seq. Pt. 14 (note) - - \ 39-103.1 3-115 - - \ 41-101 et seq. Pt. 12 (note) - - \ 48-101 et seq. 2-233 - - \ 49-100.1 et seq. 2-212 - - \ 49-101 et seq. 2-211 - - \ 50-100.1 et seq. 2-221, 2-222 - - \ 50-123 13-311 - - 15 511 et seq. Pt. 7, Ch. 8 - - \ 777.1 et seq. 13-411 - - 18 \-- 7-208 - - \ \-- 7-802 - - 19 531 6-127 - - 21 1 et seq. 10-109 - - \ 41 et seq. 10-101 - - \ 152 10-106 - - \ 153 10-107 - - \ 263 10-610 - - \ 264 10-610\ - - \ 421 et seq. 10-110 - - \ 437 10-603 - - \ 438 10-602 - - \ 441 10-603 - - \ 444 10-601 - - \ 540A 10-608 - - \ \-- 15-1806 - - \ 641 et seq. 10-201 - - \ 641 10-202 - - \ 642 10-203 - - \ 643 10-112 - - \ 649 10-605 - - \ 649.2 10-617 - - \ 650 10-605 - - \ 842.1 et seq. Pt, 9, Ch. 14 - - \ 842.3 Pt, 9, Ch.14 - - \ 856 et seq. 10-516 - - \ 856 et seq. 10-516 - - \ 856.3 Pt. 10, Ch. 7 - - \ 941 et seq. 10-512 - - \ 1021 10-511 - - \ 1029 10-513 - - \ 1030 10-513 - - \ 1040.76 et seq. 10-518 - - \ 1081 10-513 - - \ 1171 10-507 - - \ 1172 10-509 - - \ 1208 8-120 - - \ 1217 10-615 - - \ 1289.1 et seq.\ 10-405 - - \ 1289.6 10-405 - - \ 1289.11 10-204 - - \ 1361 et seq. 10-403 - - \ 1451 et seq. 10-301 - - \ 1503 10-305 - - \ 1518 et seq. 10-508 - - \ 1533 10-610 - - \ 1541.1 et seq. 10-302 - - \ \-- 10-308 - - \ 1551 et seq. 10-325 - - \ 1681 4-142 - - \ 1685 4-141 - - \ 1696 4-143 - - \ 1701 et seq. 10-301 - - \ 1713 10-304 - - \ 1753.3 et seq. 10-322 - - \ \-- pt. 17, Ch. 2 - - \ 1760 10-310 - 10-313 - - \ \-- 10-316 - - \ 1787 10-314 - - \ 1788 10-314 - - \ 1835 et seq. 10-317 - - \ \-- 10-319 - - \ 1851 10-612 - - 22 59 6-116 - - \ 1108 6-116 - - \ 1115 et seq. 6-114 - - \ 1115 6-114 - - \ 1115.1 6-114 - - \ 1261 et seq. Pt. 7, Ch. 8 - - \ \-- 10-512 - - \ 1261 - 1264 7-803 - - \ 1321 et seq. Pt. 7, Ch. 8 - - 25 106 3-115 - - \ 301 et seq. 2-102 - - \ \-- 8-701 - - \ 1451 et seq. Pt. 5, Ch.7 - - 27 27-119 6-301 - - \ \-- 6-304 - - \ 27-120 6-302 - - 27A 2-10-101 et seq. 15-601 - - \ \-- 15-621 - - \ \--\ Pt. 17, Ch. 2 - - 36 \--\ 4-173 - - 37 \--\ Pt. 3 (note) - - \ \--\ 3-103 - - \ 8 10-501 - - \ 163.2 3-211 - - \ \--\ 9-1282 - - \ 163.11 3-211, 3-212 - - \ 213 3-209 - - \ 241 3-206, 3-207 - - \ 243 3-206 - - \ \-- 3-208 - - \ 246 3-206 - - \ \-- 3-212 - - \ 501 et eq. Pt. 3, Ch.1 - - \ 503 Pt. 3, Ch.1\ - - \ 506 9-1282 - - \ 518 3-102 - - \ 518.3 3-115 - - \ 537 3-106 - - \ \-- 3-113 - - \ \-- 3-210 - - \ 537(A)(1) 3-107 - - \ 537(A)(2)\ 3-107 - - \ 537(B)(2)\ 3-108 - - \ \-- 8-701 - - \ 539 Pt. 7, Ch.8 - - \ 554.1 3-102 - - \ 598 3-107 - - \ 600.1 et seq. 10-517 - - 37A 1-103 3-101 - - 38 18.1 6-302 - - 43A 1-103 6-127 - - \ 3-401 et seq. 10-501 - - 47 \-- 15-105 - - \ \-- 15-301 - - \ 1-101 et seq. 15-105 - - \ 1-102 - 1-106 15-101 - - \ 1-107.1 - 1-107.3 15-101 - - \ 1.107.1 - 1-107.4 15-101 - - \ 1-111 15-101 - - \ 1-114 15-101\ - - \ 1-122 15-101\ - - \ 1-125 15-101 - - \ 1-126 15-101\ - - \ 1-128 15-101\ - - \ 1-133 - 1-136 15-101\ - - \ 1-138 15-101\ - - \ 1-141 - 1-143 15-101\ - - \ 1-147 - 1-151 15-101\ - - \ 1-154 - 1-156 15-101\ - - \ 1-158 15-101\ - - \ 1-160 15-101\ - - \ 1-162 - 1-164 15-101\ - - \ 1-167 15-101\ - - \ 1-169 15-101\ - - \ 1-170 15-101\ - - \ 1-173 - 1-175 15-101\ - - \ 1-177-1-180 15-101\ - - \ 1-182 15-101\ - - \ 1-185 15-101\ - - \ 1-186 15-101\ - - \ 5-112 15-602 - - \ 6-107.1 15-520 - - \ 6-107.2 15-520\ - - \ 6-205.1 15-520\ - - \ 6-303 15-521, 15-522 - - \ 6-305 15-522, 15-523 - - \ 7-204 15-102 - - \ 7-330 15-102\ - - \ 7-503 15-102\ - - \ 7-600 - 7-607 15-102\ - - \ 7-601 et seq. 15-102\ - - \ 7-606 15-102\ - - \ 10-104 - 10-107\ 15-1403 - 15-1406 - - \ 10-111 15-1407 - - \ 11-101 et seq. 15-505 - - \ 11-103 15-1804 - - \ 11-104 15-1809 - - \ 11-105 15-1807 - - \ 11-106 15-1806 - - \ 11-201 15-203, 15-204 - - \ 11-202 - 11-206 15-206 - 15-507 - - \ 11-301 - 11-307 15-501 - 15-507 - - \ 11-308 15-1002, 15-1003 - - \ 11-309 15-509 - - \ 11-310 15-511 - - \ 11-311 15-510 - - \ 11-312 15-512 - - \ 11-314 15-545 - - \ 11-315 15-525 - - \ 11-401 15-801 - - \ 11-402 15-802 - - \ 11-403 15-801 - - \ 11-405 15-519 - - \ 11-501 15-1701 - - \ 11-501.1 15-1702 - - \ 11-502 15-1703 - - \ 11-503 15-1706 - - \ 11-504 15-1711 - - \ 11-505 15-1704 - - \ 11-506 15-1709 - - \ 11-507 15-1710 - - \ 11-601 15-901 - - \ 11-603 15-534 - - \ 11-604 - 11-606 15-905 - 15-907 - - \ 11-604 15-901 - - \ 11-701 15-205 - - \ 11-702 15-205 - - \ \-- 15-544 - - \ 11-703 15-807, 15-808 - - \ 11-704 15-810 - - \ 11-705 15-508 - - \ 11-801 15-701 - - \ 11-804 15-704 - - \ 11-805 15-1501 - - \ 11-805.3 15-531 - - \ 11-901 15-514 - - \ 11-901d 15-516 - - \ 11-906.4 15-520 - - \ 11-1003 15-601 - - \ 11-1004 15-621 - - \ 11-1007 15-602 - - \ 11-1101 15-611 - - \ 11-1102 15-535 - - \ 11-1103 15-1501 - - \ 11-1105 15-536 - - \ 11-1108 15-518 - - \ 11-1109 15-517 - - \ 11-1110 15-404 - - \ 11-1112 15-542 - - \ 11-1114 15-540 - - \ 11-1201 15-1601 - - \ 11-1202\ 15-1602 - - \ 11-1203 15-1604 - - \ 11-1204 15-538 - - \ \-- 15-1611 - - \ 11-1205 15-1605 - - \ 11-1301 15-541 - - \ 11-1302 15-546 - - \ 12-101 et seq. 15-301 - - \ 12-201 et seq.\ 15-1610 - - \ 12-201(B) 15-1610 - - \ 12-218 15-1806 - - \ 12-402 15-302 - - \ 12-404 15-304 - - \ 12-417 15-543 - - \ 12-601 et seq. 15-1502 - - \ 12-609(B) 15-1503 - - \ 12-702 - 12-709 15-1610 - - \ 13-102 15-305 - - \ 13-103 15-305 - - \ 14-105 15-402 - - \ 15-102 10-404 - - \ 15-104 et seq. 15-202 - - \ 15-112 15-602 - - \ 15-112(D) 15-602 - - \ 15-112(D)(4) 15-602 - - \ 15-112(D)(5) 15-602 - - \ 47 15-520 - - \ 434 9-701 - - \ 752 15-520 - - \ 754 15-520\ - - \ 759 15-520\ - - \ 761 15-520\ - - \ 901 et seq. 15-1902 - - \ 951 et seq. Pt. 9, Ch. 11 - - \ \-- 9-1102 - - \ 1101 et seq. 15-602 - - \ 1115.1 15-1901 - - \ 1134 15-543 - - \ 1135.1\ 15-602 - - \ 1135.2 15-602 - - 50 1 et seq. Pt. 8 (note) - - \ \-- Pt. 8, Ch. 1 - - \ 1 8-101 - - \ 5 8-105 - - \ \-- 8-107 - - \ 7 8-106 - - \ 12 8-107 - - \ 13 8-108 - - \ 14 8-108 - - \ 15 8-108 - - \ 16 Pt. 8 (note) - - \ \-- Pt. 8, Ch. 1 - - \ \-- 8-109, 8-110 - - 51 24A.1 et seq. 2-301, 2-302 - - \ 121 et seq. 2-201 - - \ 151 et seq. 2-115 - - \ \-- 17-304 - - 59 5-1004 5-1011 - - \ 1000.23 5-201 - - \ \-- 5-204 - - \ \--\ 5-301 - - \ \--\ 5-401 - - \ \--\ 5-501 - - \ \--\ 5-901 - - \ \--\ 13-101 - - \ 1001 et seq. Pt. 3, Ch. 3 - - \ \-- Pt. 5, Ch. 3, Art. B - - \ \-- 5-311 - - \ 1151.1 et seq. Pt. 5, Ch. 3, Art. B - - \ \-- 5-1001 - - \ 1151.2 5-1001 - - \ 1151.5(B) 5-1011 - - \ 1151.14(A) 5-1004 - - \ \-- 5-1006 - - \ \-- 5-1011 - - \ 1330 6-116 - - \ 1332 6-116\ - - \ 1333 6-116\ - - \ 1335 6-116\ - - \ 1501 et seq. Pt. 9, Ch. 8 - - \ 1514 Pt. 9, Ch. 8\ - - \ 1515 9-805 - - \ 1521 et seq. Pt. 9, Ch. 9 - - \ 1525(C) 9-912 - - \ 1527 Pt. 9, Ch. 9\ - - \ 1531 9-912 - - \ 1680 et seq. Pt. 5, Ch. 4 - - \ \-- Pt. 5, Ch. 4, Art. B\ - - \ \-- 5-421 - - \ 1850.1 et seq. Pt. 5, Ch. 5\ - - \ \-- Pt. 5, Ch. 5, Art. B\ - - \ 4200.1 et seq. 9-1241 - - \ 4200.10 Pt. 9, Ch. 12 - - 60 650 et seq. Pt. 7, Ch. 8 - - 61 101 et seq. 7-204 - - 62 601 et seq. 7-105 - - \ 310.1(C) 7-202 - - \ 430.1(B) 7-205 - - 63 1-508 4-162 - - \ 1-1011 8-111 - - \ 1-1101 et seq. Pt. 8, Ch. 6, Art. A - - \ 1-5121 et seq. 8-1202 - - \ \ 10-502 - - \ 1-1522 8-701 - - \ 1-1523 8-702 - - \ 1-1525 8-703 - - \ 1-1901 et seq. 8-702 - - \ 1-2501 et seq. Pt. 9, Ch. 2 - - \ 1-2512(B) 15-101 - - \ 2-101 et seq. 10-502, 10-503 - - \ \-- 15-520 - - \ 2-101(8) 15-520 - - \ 2-101.1 10-503 - - \ 2-405 10-503 - - \ 163.1 et seq. Pt. 3, Ch. 2 - - \ 465.20 10-504 - - \ 683.1 et seq. Pt. 13, Ch. 4 - - \ 683.3 15-101 - - \ 683.4 13-402 - - \ 683.11 Pt. 13, Ch. 4 - - 68 205 7-317 - - \ \-- 7-417 - - \ \-- 7-520 - - \ 217 7-313 - - \ \-- 7-413 - - \ 220 7-314 - - \ \-- 7-414 - - \ 227 7-315 - - \ \-- 7-415 - - \ 301 10-517 - - \ 1310 7-311 - - \ 1350 et seq. Pt. 7, Ch. 3 - - \ \-- 7-303, 7-304 - - \ \-- 7-306 - - \ \-- 7-320, 7-321 - - \ \-- 7-322 - - \ 1352 7-302 - - \ 1401 et seq. Pt. 7, Ch. 4 - - \ \-- 7-405, 7-406 - - \ \-- 7-418, 7-419 - - \ 1401 7-402 - - \ 1408 7-411 - - \ 1501 et seq. Pt. 9, Ch. 10, Art. B - - \ 1621 et seq. 10-328 - - \ 2601 et seq. 7-701 - - \ 2601\ 7-711 - - \ 2701 et seq. Pt. 7, Ch. 3 - - 70 1210.211 et seq. 8-702 - - 72 1 9-701 - - \ 221 et seq. 8-702 - - 75 250 et seq. 5-1004 - - \ \-- 6-206 - - 85A 1 et seq. 5-1004 - - \ \-- 5-1011 - - \ \-- 14-312 - ----------------------- ------------------------------------------------------------------- ----------------------- -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: -::: |