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diff --git a/moore_ok_municipal_code.ms b/moore_ok_municipal_code.ms deleted file mode 100644 index 5bdd045..0000000 --- a/moore_ok_municipal_code.ms +++ /dev/null @@ -1,59496 +0,0 @@ -.\" Automatically generated by Pandoc 3.1.9 -.\" -.\" **** Custom macro definitions ********************************* -.\" * Super/subscript -.\" (https://lists.gnu.org/archive/html/groff/2012-07/msg00046.html) -.ds { \v'-0.3m'\\s[\\n[.s]*9u/12u] -.ds } \s0\v'0.3m' -.ds < \v'0.3m'\s[\\n[.s]*9u/12u] -.ds > \s0\v'-0.3m' -.\" * Horizontal line -.de HLINE -.LP -.ce -\l'20' -.. -.\" **** Settings ************************************************* -.\" text width -.nr LL 5.5i -.\" left margin -.nr PO 1.25i -.\" top margin -.nr HM 1.25i -.\" bottom margin -.nr FM 1.25i -.\" header/footer width -.nr LT \n[LL] -.\" point size -.nr PS 10p -.\" line height -.nr VS 12p -.\" font family: A, BM, H, HN, N, P, T, ZCM -.fam P -.\" paragraph indent -.nr PI 0m -.\" interparagraph space -.nr PD 0.4v -.\" footnote width -.nr 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"https://moore.municipalcodeonline.com/book?type=ordinances#name=PREFACE" -A "\c" \ - -- "PREFACE" -\& -.LP -The Municipal Code of the City of Moore, OK began in-house in 2020 with -the assistance of Municipal Code Corporation. -This City Code shall be cited as Moore City Code or \[lq]MCC\[rq] as an -acronym. -MCC references found within the code maintain a structure by subject -matter using a decimal and hyphenated numbering system which identifies -the chapter and section (\f[B]example: 1-101.01\f[R]). -This complete set of numbers is designed to aid in searching and/or -referencing the Municipal Code, and to assist in subsequent codification -is new ordinances are added to the Municipal Code. -.IP \[bu] 3 -The first number in the sequence designates the \f[B]PART\f[R] level -.IP \[bu] 3 -The second series of numbers (\f[B]1\f[R]-101) designates the -\f[B]CHAPTER\f[R] level -.IP \[bu] 3 -The third series of numbers (1-\f[B]101\f[R]) designates the -\f[B]Section\f[R] level -.IP \[bu] 3 -If a fourth series exists comprising letters or numbers beyond the -section level, it designates a \f[B]Subsection\f[R] level. -.LP -To outline, give structure, and more granularly reference the -legislation herein, the following list order (or pattern of ascending -alphanumeric characters) is used: \f[B](a), (1), a, 1, i\f[R]. -Drafting legislation with this list order better reconciles the content -in local software and hard copies, with the content in this online code. -The legislative history beneath a legislation\[cq]s content identifies -the specific legal sources, and may be provided to substantiate the -online code. -.PP -The Municipal Code is supplemented from time to time with amendments and -additions made by Moore, Oklahoma. -The specific legal sources that comprise this Municipal Code have been -adopted during the codification process from the original formatting of -the official hard copy. -In the event of discrepancies between the online Municipal Code and the -official hard copy, the official hard copy governs. -Municipal Code Corporation, provides a searchable database of the -Municipal Code for easy reference and convenience. -NOTICE: THE MUNICIPAL CODE MAY NOT REFLECT ALL OR THE MOST CURRENT -VERSION OF LEGISLATION ADOPTED BY THE CITY COUNCIL THAT HAS YET TO BE -UPDATED ONLINE. -IN THE EVENT OF CONFLICT BETWEEN THE MUNICIPAL CODE AND A WRITTEN -ORDINANCE, THE ORDINANCE TYPICALLY GOVERNS. -ALSO, THE MUNICIPAL CODE MAY NOT REFLECT RULES OR OTHER REGULATIONS -PROMULGATED UNDER THE AUTHORITY OF THE CODE, INCLUDING TECHNICAL -SPECIFICATIONS. -FOR MORE INFORMATION CONTACT THE CITY CLERK. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHARTER" -A "\c" \ - -- "CHARTER" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PREAMBLE" -A "\c" \ - -- "PREAMBLE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_I_INCORPORATION,_FORM_OF_GOVERNMENT,_POWERS" -A "\c" \ - -- "ARTICLE I INCORPORATION, FORM OF GOVERNMENT, POWERS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_II_THE_COUNCIL" -A "\c" \ - -- "ARTICLE II THE COUNCIL" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_III_CITY_MANAGER_AND_ADMINISTRATIVE_DEPARTMENTS" -A "\c" \ - -- "ARTICLE III CITY MANAGER AND ADMINISTRATIVE DEPARTMENTS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IV_DEPARTMENT_OF_FINANCE,_FISCAL_AFFAIRS" -A "\c" \ - -- "ARTICLE IV DEPARTMENT OF FINANCE, FISCAL AFFAIRS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_V_MUNICIPAL_COURT" -A "\c" \ - -- "ARTICLE V MUNICIPAL COURT" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VI_ELECTIONS" -A "\c" \ - -- "ARTICLE VI ELECTIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VII_RECALL" -A "\c" \ - -- "ARTICLE VII RECALL" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VIII_OFFICERS_AND_EMPLOYEES_GENERALLY" -A "\c" \ - -- "ARTICLE VIII OFFICERS AND EMPLOYEES GENERALLY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IX_GENERAL_AND_MISCELLANEOUS_PROVISIONS" -A "\c" \ - -- "ARTICLE IX GENERAL AND MISCELLANEOUS PROVISIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_X_AMENDMENT_AND_SEPARABILITY_OF_CHARTER" -A "\c" \ - -- "ARTICLE X AMENDMENT AND SEPARABILITY OF CHARTER" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_XI_SUCCESSION_IN_GOVERNMENT" -A "\c" \ - -- "ARTICLE XI SUCCESSION IN GOVERNMENT" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PREAMBLE" -A "\c" \ - -- "PREAMBLE" -\& -.LP -We, the people of the City of Moore, exercising the powers of home rule -granted to us by the constitution and laws of the State of Oklahoma, in -order to provide for more efficient, adequate, and economical -government, do hereby ordain, ratify, and establish this Charter of the -City of Moore, Oklahoma. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_I_INCORPORATION,_FORM_OF_GOVERNMENT,_POWERS" -A "\c" \ - -- "ARTICLE I INCORPORATION, FORM OF GOVERNMENT, POWERS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-1_Incorporation,_Annexation,_Merging" -A "\c" \ - -- "Section 1-1 Incorporation, Annexation, Merging" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-2_Form_Of_Government" -A "\c" \ - -- "Section 1-2 Form Of Government" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-3_Powers_Of_The_City" -A "\c" \ - -- "Section 1-3 Powers Of The City" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-1_Incorporation,_Annexation,_Merging" -A "\c" \ - -- "Section 1-1 Incorporation, Annexation, Merging" -\& -.LP -When this charter goes into full effect, the Town of Moore, Oklahoma, -shall become a city, and within the corporate limits as now established -or as hereafter may be established, shall be a municipal body politic -and corporate in perpetuity under the name of the \[dq]City of -Moore.\[dq] The city shall be the legal successor of the town; and as -such, it shall succeed to and possess all the property and rights -belonging to the town, and shall be liable for all debts and other -obligations for which the town is legally bound at the time of the -succession in government. -.PP -The City of Moore, Oklahoma, may not be annexed by any other city or be -merged into a combined city-county government or other governmental unit -unless a majority of the qualified electors of the City of Moore voting -on the question at an election approve such annexation or merging. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-2_Form_Of_Government" -A "\c" \ - -- "Section 1-2 Form Of Government" -\& -.LP -The municipal government provided by this charter shall be known as a -\[dq]council-manager government.\[dq] All powers of the city shall be -exercised in the manner prescribed by this charter, or, if the manner is -not thus prescribed, then in such manner as the council may prescribe by -ordinance. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-3_Powers_Of_The_City" -A "\c" \ - -- "Section 1-3 Powers Of The City" -\& -.LP -The city shall have all powers, functions, rights, privileges, -franchises, and immunities granted to cities by the state constitution -and law, and all the implied powers necessary to carry into execution -all the powers granted. -Except as prohibited by the state constitution or law, the city shall -have all municipal powers, functions, rights, privileges, franchises, -and immunities of every name and nature whatsoever. -.PP -The city shall have power to adopt a corporate seal and to alter it at -pleasure, to sue and to be sued, and to make contracts. -It shall have power to acquire property within or without its corporate -limits for any city purpose, including public utilities, works, and -ways, in fee simple or any lesser interest or estate, by purchase, gift, -devise, lease condemnation, or other legal means; and to hold, maintain, -improve, enlarge, manage, control, operate, lease, sell, convey, or -otherwise dispose of, such property as its interests may require, -including public utilities, works, and ways. -It shall have power to incur indebtedness and to issue bonds within the -limitations prescribed by the state constitution. -It shall have power to accept and administer federal and state -grants-in-aid and to do everything necessary to accomplish the purpose -or purposes for which such grants may be made. -It shall have power to ordain and to enforce local legislation for the -proper organization and functioning of the city government, for the -preservation and enforcement of good government and order, for the -protection of health, life, morals, and property, for the prevention, -summary abatement, and removal of nuisances, and otherwise for the -promotion of the common welfare. -It shall have power to grant, extend, and renew franchises in accordance -with the state constitution. -.PP -The enumeration or mention of particular powers by this charter shall -not be deemed to be exclusive or limiting; and in addition to the powers -enumerated or mentioned herein or implied hereby, the city shall have -all powers which, under the state constitution and law, it would be -competent for this charter specifically to enumerate or mention. -.PP -Provisions of state law relating to matters which may be regulated by -cities operating under charters, shall be in effect only insofar as they -are applicable and are not superseded by this charter or by ordinance. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_II_THE_COUNCIL" -A "\c" \ - -- "ARTICLE II THE COUNCIL" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-1_Councilmen:_Number,_Qualification" -A "\c" \ - -- "Section 2-1 Councilmen: Number, Qualification" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-2_Mayor_And_Vice_Mayor" -A "\c" \ - -- "Section 2-2 Mayor And Vice Mayor" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-3_Councilmen:_Compensation" -A "\c" \ - -- "Section 2-3 Councilmen: Compensation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-4_Council_Powers" -A "\c" \ - -- "Section 2-4 Council Powers" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-5_Council_Not_To_Interfere_In_Appointments_And_Removals" -A "\c" \ - -- "Section 2-5 Council Not To Interfere In Appointments And Removals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-6_City_Clerk_To_Be_Clerical_Officer_Of_Council" -A "\c" \ - -- "Section 2-6 City Clerk To Be Clerical Officer Of Council" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-7_Council:_Meetings" -A "\c" \ - -- "Section 2-7 Council: Meetings" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-8_Councilmen:_Absences_To_Terminate_Membership" -A "\c" \ - -- "Section 2-8 Councilmen: Absences To Terminate Membership" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-9_Councilmen:_Removal" -A "\c" \ - -- "Section 2-9 Councilmen: Removal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-10_Council_Vacancies" -A "\c" \ - -- "Section 2-10 Council Vacancies" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-11_Council:_Quorum,_Rules,_Yeas_And_Nays" -A "\c" \ - -- "Section 2-11 Council: Quorum, Rules, Yeas And Nays" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-12_Ordinances:_Enacting_Clause" -A "\c" \ - -- "Section 2-12 Ordinances: Enacting Clause" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-13_Ordinances:_Passage,_When_In_Effect" -A "\c" \ - -- "Section 2-13 Ordinances: Passage, When In Effect" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-14_Ordinances:_Emergency" -A "\c" \ - -- "Section 2-14 Ordinances: Emergency" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-15_Ordinances:_Adoption_By_Reference" -A "\c" \ - -- "Section 2-15 Ordinances: Adoption By Reference" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-16_Ordinances:_Codification" -A "\c" \ - -- "Section 2-16 Ordinances: Codification" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-1_Councilmen:_Number,_Qualification" -A "\c" \ - -- "Section 2-1 Councilmen: Number, Qualification" -\& -.LP -There shall be a council of seven members, which shall consist of a -councilman at large and two councilmen from each of the three wards of -the city as the wards are constituted in this charter or as they may -hereafter be constituted by ordinance. -Only qualified electors of the city who are freeholders in the city -shall be qualified for the office of councilman at large. -Only qualified electors residing in the city and at the time of their -election, in their respective wards, who are freeholders in the city, -shall be qualified for the offices of councilmen from the wards. -Candidates for councilpersons shall be nominated and elected by the -qualified electors of their respective wards, of which wards said -candidates must be at all times during the term of office a resident. -No councilman may hold any office or position in the city government by -appointment by the city manager or by any subordinate of the city -manager. -If a councilman is convicted of a crime involving moral turpitude, his -office shall become immediately vacant at the expiration of the period -during which he may appeal or, in case of appeal, when the case is -finally determined. -.PP -(Res. -No. -195 (87), 1-5-1987) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-2_Mayor_And_Vice_Mayor" -A "\c" \ - -- "Section 2-2 Mayor And Vice Mayor" -\& -.LP -Beginning with the primary and/or general elections for the City of -Moore, Oklahoma, on the third Tuesday in March 1970, and thereafter, -according to the charter for the City of Moore, Oklahoma, there shall be -nominated or elected a mayor of the City of Moore. -Said mayor shall be the councilman at large. -The mayor and councilman at large shall have all the duties and -responsibilities now possessed by those enumerated in the charter of the -City of Moore, Oklahoma, for the councilman at large. -.PP -At the first meeting after the time prescribed for the beginning of the -terms of newly elected councilmen, or as soon thereafter as practicable, -the council shall elect from its membership a vice mayor, who shall -serve until the time prescribed for the beginning of the terms of newly -elected councilmen. -.PP -The mayor shall preside at meetings of the council. -He shall be recognized as head of the city government for all ceremonial -purposes and by the governor for purposes of military law. -He shall have no regular administrative duties except that he shall sign -such written obligations of the city as the council may require. -As a councilman, he shall have all powers, rights, privileges, duties, -and responsibilities of a councilman, including the right to vote on -questions. -.PP -The vice mayor shall act as mayor during the absence, disability, or -suspension of the mayor, or, if a vacancy occurs in the office of mayor, -until another mayor is elected for completion of the unexpired term and -qualifies. -If the office of vice mayor becomes vacant, the council shall elect from -its membership another vice mayor for completion of the unexpired term. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-3_Councilmen:_Compensation" -A "\c" \ - -- "Section 2-3 Councilmen: Compensation" -\& -.LP -Each councilman shall be paid one hundred dollars ($100.00) per month -beginning in April 1999, but shall not be paid for any other services -rendered the city. -The mayor or councilman at large shall be paid the sum of three hundred -dollars ($300.00) per month for each and every month or any part thereof -that he holds office. -The councilmen and the mayor may be reimbursed for expenses incurred in -the discharge of their official duties. -.PP -(Res. -No. -116(81), § 1, 2-2-1981; Res. -No. -432(99), 1-7-1999) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-4_Council_Powers" -A "\c" \ - -- "Section 2-4 Council Powers" -\& -.LP -Except as otherwise provided in this charter, all powers of the city, -including the determination of all matters of policy, shall be vested in -the council. -Without limitation of the foregoing, the council shall have power, -subject to the provisions of this charter: -.IP " 1." 4 -To appoint and remove the city manager; -.IP " 2." 4 -By ordinance to enact municipal legislation; -.IP " 3." 4 -To raise revenue and make appropriations, and to regulate bond -elections, the issuance of bonds, sinking funds, the refunding of -indebtedness, salaries and wages, and all other fiscal affairs of the -city; -.IP " 4." 4 -To inquire into the conduct of any office, department, or agency of the -city government, and investigate municipal affairs; -.IP " 5." 4 -To appoint or elect and remove the members of the personnel board, the -members of the planning commission, the members of the board of -adjustment, and other quasi-legislative, quasi-judicial, or advisory -officers and authorities, now or when and if established, or to -prescribe the method of remission of fines and costs; -.IP " 6." 4 -To grant pardons for violations of the charter and ordinances, including -the remission of fines and costs; -.IP " 7." 4 -To regulate elections, the initiative and referendum, and recall; -.IP " 8." 4 -To regulate the organization, powers, duties, and functions of the -municipal court and of the minor violations bureau when and if -established; -.IP " 9." 4 -To create, change, and abolish all offices, departments, and agencies of -the city government other than the offices, departments, and agencies -created by this charter; and to assign additional powers, duties, and -functions to offices, departments, and agencies created by this charter. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-5_Council_Not_To_Interfere_In_Appointments_And_Removals" -A "\c" \ - -- "Section 2-5 Council Not To Interfere In Appointments And Removals" -\& -.LP -Neither the council, the mayor, nor any of its other members may direct -or request the appointment of any person to, or his removal from, office -or employment by the city manager or by any other authority, or, except -as provided in this charter, participate in any manner in the -appointment or removal of officers and employees of the city. -Except for the purpose of inquiry the council and its members shall deal -with the administrative service solely through the city manager; and -neither the council nor any member thereof may give orders on -administrative matters to any subordinate of the city manager either -publicly or privately. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-6_City_Clerk_To_Be_Clerical_Officer_Of_Council" -A "\c" \ - -- "Section 2-6 City Clerk To Be Clerical Officer Of Council" -\& -.LP -The city clerk hereinafter provided for, shall also serve as clerical -officer of the council. -He shall keep the journal of its proceedings, and shall enroll in a book -or books kept for the purpose of all ordinances and resolutions passed -by it; shall be custodian of such documents, records, and archives as -may be provided by applicable law or ordinance; shall be custodian of -the seal of the city; and shall attest, and affix the seal to, documents -when required in accordance with applicable law or ordinance. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-7_Council:_Meetings" -A "\c" \ - -- "Section 2-7 Council: Meetings" -\& -.LP -The council shall hold at least two (2) regular meetings every month, at -such time as it may prescribe by ordinance or otherwise. -The mayor or any four (4) councilmen may call special meetings. -All meetings of the council shall be open to the public, and the journal -of its proceedings shall be open to public inspection, except personnel -or executive sessions may be conducted, as may be authorized by the -statutes of the State of Oklahoma. -.PP -(Res. -No. -116(81), § 1, 2-2-1981) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-8_Councilmen:_Absences_To_Terminate_Membership" -A "\c" \ - -- "Section 2-8 Councilmen: Absences To Terminate Membership" -\& -.LP -If the mayor or any other councilman shall be absent from more than -one-half of all the meetings of the council, regular and special, held -within any period of six consecutive calendar months, he shall thereupon -cease to hold office. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-9_Councilmen:_Removal" -A "\c" \ - -- "Section 2-9 Councilmen: Removal" -\& -.LP -The mayor or any other councilman may be removed from office for any -cause specified by applicable state law for the removal of officers, and -by the method or methods prescribed thereby, and by recall as provided -in this charter. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-10_Council_Vacancies" -A "\c" \ - -- "Section 2-10 Council Vacancies" -\& -.LP -The council, by majority vote of its remaining members, shall fill -vacancies in its own membership for the unexpired terms or until -successors are elected as provided in this section. -If a vacancy occurs before the beginning of a regular filing period for -candidates for councilmen, and the unexpired term extends beyond the -time when the terms of councilmen elected that year begin, then a -councilman for that place shall be elected at the elections of that year -to serve the rest of the unexpired term beginning at the time the terms -of councilmen elected that year begin. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-11_Council:_Quorum,_Rules,_Yeas_And_Nays" -A "\c" \ - -- "Section 2-11 Council: Quorum, Rules, Yeas And Nays" -\& -.LP -A majority of all of the members of the council shall constitute a -quorum, but a smaller number may adjourn from day to day or from time to -time. -The council may determine its own rules. -On the demand of any member, the vote on any question shall be by yeas -and nays, and shall be entered in the journal. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-12_Ordinances:_Enacting_Clause" -A "\c" \ - -- "Section 2-12 Ordinances: Enacting Clause" -\& -.LP -The enacting clause of all ordinances passed by the council shall be, -\[dq]Be it ordained by the Council of the City of Moore, Oklahoma,\[dq] -and of all ordinances proposed by the voters under their power of -initiative, \[dq]Be it ordained by the People of the City of Moore, -Oklahoma.\[dq] -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-13_Ordinances:_Passage,_When_In_Effect" -A "\c" \ - -- "Section 2-13 Ordinances: Passage, When In Effect" -\& -.LP -Every proposed ordinance shall be read, and a vote of a majority of all -the councilmen shall be required for its passage. -The vote on final passage of every ordinance shall be by yeas and nays, -and shall be entered in the journal. -The mayor shall have no power of veto. -Within ten days after its passage, every ordinance shall be published in -full or by number and title in a newspaper authorized to publish legal -publications. -Every ordinance except an emergency ordinance shall become effective -thirty days after its final passage and publication unless it specifies -a later time; provided that a franchise for a public utility shall not -go into effect until the ordinance granting it has been published in -full in a newspaper authorized to publish legal publications and has -been approved at an election by a vote of a majority of the qualified -electors voting on the question. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-14_Ordinances:_Emergency" -A "\c" \ - -- "Section 2-14 Ordinances: Emergency" -\& -.LP -An emergency ordinance is an ordinance which in the judgment of the -council is necessary for the immediate preservation of peace, health or -safety, and which should become effective prior to the time when an -ordinary ordinance would become effective. -Every such ordinance shall contain as a part of its title, the words, -\[dq]and declaring an emergency\[dq] and in a separation section, herein -called the emergency section, shall declare the emergency. -An affirmative vote of at least six councilmen shall be required for the -passage of an emergency ordinance. -An emergency ordinance shall take effect upon passage and publication -unless it specifies a later time. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-15_Ordinances:_Adoption_By_Reference" -A "\c" \ - -- "Section 2-15 Ordinances: Adoption By Reference" -\& -.LP -The council by ordinance may adopt by reference codes, ordinances, -standards, and regulations relating to building, plumbing, electrical -installations, milk and milk products, and other matters which it has -power to regulate otherwise. -Such code, ordinance, standard, or regulation so adopted need not be -enrolled in the book of ordinances; but a copy shall be kept in the -office of the city clerk. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-16_Ordinances:_Codification" -A "\c" \ - -- "Section 2-16 Ordinances: Codification" -\& -.LP -The permanent, general ordinances of the city shall be codified and -published in a book or pamphlet form at least every ten (10) years -unless the council, by use of a loose-leaf system, provides for keeping -the code up-to-date. -The ordinances and parts of ordinances included in the code may be -revised, rearranged, and reorganized; and the code may contain new -matter, provisions of the state constitution and law applicable to the -city, and this charter. -A copy of the published code shall be filed in the office of the city -clerk after the council adopts the code by ordinance, but the code need -not be enrolled in the book of ordinances. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_III_CITY_MANAGER_AND_ADMINISTRATIVE_DEPARTMENTS" -A "\c" \ - -- "ARTICLE III CITY MANAGER AND ADMINISTRATIVE DEPARTMENTS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-1_City_Manager:_Appointment,_Term,_Qualifications,_Removal" -A "\c" \ - -- "Section 3-1 City Manager: Appointment, Term, Qualifications, Removal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-2_Absence_Or_Disability_Of_City_Manager" -A "\c" \ - -- "Section 3-2 Absence Or Disability Of City Manager" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-3_City_Manager:_Powers_And_Duties" -A "\c" \ - -- "Section 3-3 City Manager: Powers And Duties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-4_Administrative_Departments,_Offices,_And_Agencies" -A "\c" \ - -- "Section 3-4 Administrative Departments, Offices, And Agencies" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-1_City_Manager:_Appointment,_Term,_Qualifications,_Removal" -A "\c" \ - -- "Section 3-1 City Manager: Appointment, Term, Qualifications, Removal" -\& -.LP -There shall be a city manager. -The council shall appoint him for an indefinite term by a vote of a -majority of all its members. -It shall choose him on the basis of his executive and administrative -qualifications. -At the time of his appointment, he need not be a resident of the city or -state; but, during his tenure of office, he shall reside within the -city. -A councilman may not be appointed city manager or acting city manager -during his term nor within one year after the expiration of his term. -The council may suspend or remove the city manager at any time by a vote -of a majority of all its members; provided, that the council shall give -him a written statement of the reason for his removal at least twenty -days before removal, and on request shall give him an opportunity for a -public hearing thereon after the expiration of such time before removing -him. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-2_Absence_Or_Disability_Of_City_Manager" -A "\c" \ - -- "Section 3-2 Absence Or Disability Of City Manager" -\& -.LP -To perform his duties during his temporary absence or disability, the -city manager may designate by letter filed with the city clerk a -qualified administrative officer of the city to be acting city manager. -If the city manager fails to make such designation, the council may -appoint an acting city manager to serve during such time. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-3_City_Manager:_Powers_And_Duties" -A "\c" \ - -- "Section 3-3 City Manager: Powers And Duties" -\& -.LP -The city manager shall be chief administrative officer and head of the -administrative branch of the city government. -He shall execute the laws and ordinances and administer the government -of the city, and shall be responsible therefor to the council. -He shall: -.IP " 1." 4 -Appoint, and when deemed necessary for the good of the service, lay off, -suspend, demote, or remove all directors, or heads, of administrative -departments and all other administrative officers and employees of the -city except as he may authorize the head of a department, an officer, or -an agency to appoint, lay off, suspend, demote, and remove subordinates -in such department, office, or agency; -.IP " 2." 4 -Supervise and control directly or indirectly, all administrative -departments, agencies, officers, and employees; -.IP " 3." 4 -Prepare a budget annually and submit it to the council, be responsible -for the administration of the budget after it goes into effect, and -recommend to the council any changes in the budget which he deems -desirable; -.IP " 4." 4 -Submit to the council a report as of the end of the fiscal year on the -finances and administrative activities of the city for the preceding -year; -.IP " 5." 4 -Keep the council advised of the financial condition and future needs of -the city, and make such recommendations to the council on matters of -policy and other matters as may seem to him desirable; -.IP " 6." 4 -Have such other powers, duties and functions as this charter may -prescribe, and such powers, duties, and functions consistent with this -charter as the council may prescribe. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-4_Administrative_Departments,_Offices,_And_Agencies" -A "\c" \ - -- "Section 3-4 Administrative Departments, Offices, And Agencies" -\& -.LP -There shall be a department of finance, a department of law headed by a -city attorney, and such other administrative departments, offices, and -agencies as this charter establishes and as the council may establish. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IV_DEPARTMENT_OF_FINANCE,_FISCAL_AFFAIRS" -A "\c" \ - -- "ARTICLE IV DEPARTMENT OF FINANCE, FISCAL AFFAIRS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-1_City_Clerk:_Office_Created,_Duties" -A "\c" \ - -- "Section 4-1 City Clerk: Office Created, Duties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-2_City_Treasurer:_Office_Created,_Duties" -A "\c" \ - -- "Section 4-2 City Treasurer: Office Created, Duties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-3_Purchases_And_Sales" -A "\c" \ - -- "Section 4-3 Purchases And Sales" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-4_Sale_Of_Property_Valued_At_More_Than_$25,000" -A "\c" \ - -- "Section 4-4 Sale Of Property Valued At More Than $25,000" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-5_Public_Improvements" -A "\c" \ - -- "Section 4-5 Public Improvements" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-6_Fiscal_Year" -A "\c" \ - -- "Section 4-6 Fiscal Year" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-7_Independent_Annual_Audit" -A "\c" \ - -- "Section 4-7 Independent Annual Audit" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-1_City_Clerk:_Office_Created,_Duties" -A "\c" \ - -- "Section 4-1 City Clerk: Office Created, Duties" -\& -.LP -There shall be a city clerk, who shall be an officer of the city -appointed by the city manager for an indefinite term, and who shall be -head of the department of finance. -Except as the council by ordinance provides otherwise, the city clerk -shall collect or receive revenue and other money for the city, shall -deposit the same with the city treasurer or for the city treasurer in an -account or accounts maintained by the city treasurer in a depository or -depositories, and shall maintain a general accounting system for the -city government. -He shall have such other powers, duties, and functions as may be -prescribed by the charter, by applicable law, or by ordinance. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-2_City_Treasurer:_Office_Created,_Duties" -A "\c" \ - -- "Section 4-2 City Treasurer: Office Created, Duties" -\& -.LP -Within the department of finance, there shall be a city treasurer, who -shall be an officer of the city appointed by the city manager for an -indefinite term; provided also that the same person may be appointed -both city clerk and city treasurer, and that the council by ordinance -may provide that the city clerk shall be ex officio city treasurer and -that an acting city clerk shall be ex officio acting city treasurer. -Subject to such regulations as the council may prescribe, the city -treasurer shall deposit funds received for the city in such depositories -as the council may designate. -He shall have such other powers, duties, and functions as may be -prescribed by the charter, by applicable law, or by ordinance. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-3_Purchases_And_Sales" -A "\c" \ - -- "Section 4-3 Purchases And Sales" -\& -.LP -The city manager, subject to any regulations which the council may -prescribe, shall contract for and purchase, or issue purchase -authorizations for, all supplies, materials, and equipment for the -offices, departments, and agencies of the city government. -Every such contract or purchase exceeding an amount to be established by -ordinance, shall require the prior approval of the council. -The city manager also may transfer to or between offices, departments, -and agencies, or sell, surplus or obsolete supplies, materials, and -equipment, subject to such regulations as the council may prescribe. -.PP -Before the purchase of, or contract for, any supplies, materials, or -equipment, or the sale of any surplus or obsolete supplies, materials, -or equipment, ample opportunity for competitive bidding, under such -regulations, and with such exceptions, as the council may prescribe, -shall be given; but the council shall not except an individual contract, -purchase, or sale from the requirement of competitive bidding. -.PP -The council by ordinance may transfer some or all of the power granted -to the city manager by this section to an administrative officer -subordinate to the city manager. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-4_Sale_Of_Property_Valued_At_More_Than_$25,000" -A "\c" \ - -- "Section 4-4 Sale Of Property Valued At More Than $25,000" -\& -.LP -The sale of any property, real or personal, including public utilities, -or of any interest therein, the value of which is more than $25,000, -shall be made only (1) by authority of an affirmative vote of a majority -of the qualified electors of the city who vote on the question of -approving or authorizing the sale at an election, or (2) by authority of -a special nonemergency ordinance. -Such ordinance shall be published in full in a newspaper authorized to -publish legal publications within ten days after its passage, and shall -include a section reading substantially as follows: \[dq]Section. -This ordinance shall be referred to a vote of the electors of the city -if a legal and sufficient referendum petition is properly filed within -thirty days after its passage; otherwise it shall go into effect thirty -days after its passage and publication.\[dq] The sale of an entire -public utility may be authorized only as provided in (1) hereinabove. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-5_Public_Improvements" -A "\c" \ - -- "Section 4-5 Public Improvements" -\& -.LP -Public improvements may be made by the city government itself or by -contract. -The council shall award all contracts for such improvements; provided -that the council may authorize the city manager to award such contracts -not exceeding an amount to be determined by the council and subject to -such regulations as the council may prescribe. -A contract for public improvements of more than $1,000 may be awarded -only to the lowest and best responsible bidder after such notice and -opportunity for competitive bidding as the council may prescribe. -All bids may be rejected and further notice and opportunity for -competitive bidding may be given. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-6_Fiscal_Year" -A "\c" \ - -- "Section 4-6 Fiscal Year" -\& -.LP -The fiscal year of the city government shall begin on the first day of -July and shall end on the last day of June of every calendar year. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-7_Independent_Annual_Audit" -A "\c" \ - -- "Section 4-7 Independent Annual Audit" -\& -.LP -The council shall designate a qualified public accountant or accountants -who shall make an independent audit of the accounts and evidences of -financial transactions of the department of finance and of all other -departments, offices, and agencies keeping separate or subordinate -accounts or making financial transactions as of the end of every fiscal -year at least, and who shall report to the council and to the city -manager. -In lieu of the above, the council may arrange with an appropriate state -authority for such an audit when and if permitted by law. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_V_MUNICIPAL_COURT" -A "\c" \ - -- "ARTICLE V MUNICIPAL COURT" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_5-1_Municipal_Court" -A "\c" \ - -- "Section 5-1 Municipal Court" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_5-1_Municipal_Court" -A "\c" \ - -- "Section 5-1 Municipal Court" -\& -.LP -There shall be a municipal judge, who shall be an officer of the city -appointed by the city manager for an indefinite term. -Only the council may suspend or remove the municipal judge or an acting -municipal judge, and by a vote of a majority of all its members. -The municipal judge shall have original jurisdiction to hear and -determine all cases involving offenses against the charter and -ordinances of the city; provided that the council by ordinance may -create a minor violations bureau with authority to dispose of cases -arising out of designated minor violations, such as minor traffic and -parking violations, when the accused waives his right to be heard in -court, pleads guilty, and pays fines and costs. -The municipal judge shall keep a record of all proceedings of the -municipal court, of the disposition of all cases, and of all fines and -other money collected. -The municipal judge may issue warrants of arrest and subpoenas, -administer oaths and affirmations, make and enforce all proper orders, -rules, and judgments, and punish for contempt. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VI_ELECTIONS" -A "\c" \ - -- "ARTICLE VI ELECTIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-1_Overlapping_Terms_Of_Four_Years;_Nominated_And_Elected_At_Large;_Nonpartisan_Elections" -A "\c" \ - -- "Section 6-1 Overlapping Terms Of Four Years; Nominated And Elected At Large; Nonpartisan Elections" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-2_Primary_Election:_Filing" -A "\c" \ - -- "Section 6-2 Primary Election: Filing" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-3_Primary_Election:_Time,_Etc" -A "\c" \ - -- "Section 6-3 Primary Election: Time, Etc" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-4_Primary_Election:_Who_Nominated_Or_Elected" -A "\c" \ - -- "Section 6-4 Primary Election: Who Nominated Or Elected" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-5_General_Election:_Time,_Who_Elected" -A "\c" \ - -- "Section 6-5 General Election: Time, Who Elected" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-6_Primary_And_General_Elections:_When_Not_Held" -A "\c" \ - -- "Section 6-6 Primary And General Elections: When Not Held" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-7_Registered_Qualified_Electors" -A "\c" \ - -- "Section 6-7 Registered Qualified Electors" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-8_Political_Activity_Of_Officers_And_Employees" -A "\c" \ - -- "Section 6-8 Political Activity Of Officers And Employees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-9_State_Constitution_And_Law_To_Govern" -A "\c" \ - -- "Section 6-9 State Constitution And Law To Govern" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-10_Authorizing_Absentee_Voting" -A "\c" \ - -- "Section 6-10 Authorizing Absentee Voting" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-1_Overlapping_Terms_Of_Four_Years;_Nominated_And_Elected_At_Large;_Nonpartisan_Elections" -A "\c" \ - -- "Section 6-1 Overlapping Terms Of Four Years; Nominated And Elected At Large; Nonpartisan Elections" -\& -.LP -The councilperson at large shall be elected at the elections herein -provided for in even numbered years, and one councilperson from each -ward shall be elected at said elections. -Beginning in the year 2000 the councilperson shall serve for terms of -four years beginning on the first council meeting following the -statutory general election date in the respective years when they are -elected. -If a councilperson-elect fails to qualify within one month thereafter, -his office shall become vacant, and the vacancy shall be filled as other -vacancies in the council are filled. -.PP -All candidates for councilmen [councilman at large] shall be nominated, -and all councilmen [the councilman at large] shall be elected, at large, -by the qualified electors of the entire city; but candidates for -councilmen from the wards must be [nominated and elected by the] -qualified electors of their respective wards. -.PP -Both the primary and the general election shall be nonpartisan; and no -party designation or emblem shall be placed on the ballots. -.PP -Nothing in this charter shall prohibit the use of voting machines. -.PP -(Res. -No. -432(99), 1-7-1999) -HISTORY -.br -\f[I]Amended by Res. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf" -A "\c" \ - -- "589(05)" -\& on 1/18/2005 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-2_Primary_Election:_Filing" -A "\c" \ - -- "Section 6-2 Primary Election: Filing" -\& -.LP -Any qualified person may have his name placed on the ballot for the -primary election as a candidate for councilman or mayor by filing, -during the time required by the statutes of the State of Oklahoma, but -if not provided for by the legislature, then not more than one month and -at least two (2) weeks prior to the primary election, with the secretary -of the county election board, a sworn statement of his or her candidacy. -The mayor or councilman may be a candidate for re-election but a -councilman may not be a candidate for mayor or the other seat or office -in the same ward as the councilman serves. -.PP -(Res. -No. -142(83), § 1, 1-17-1983) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-3_Primary_Election:_Time,_Etc" -A "\c" \ - -- "Section 6-3 Primary Election: Time, Etc" -\& -.LP -A primary election shall be held on the statutory election date in each -election year to nominate candidates for councilperson to succeed those -whose terms are expiring. -If only one person is a candidate for the office to be filled, he shall -be not only nominated, but also elected ipsa facto; and his name shall -not appear on the primary or general election ballot. -Every qualified elector of the city shall be entitled to vote for one -candidate for [the office of councilperson at large to be filled; -qualified electors within each ward shall be entitled to vote for one -candidate for] each office [of councilperson from that respective ward] -to be filled. -HISTORY -.br -\f[I]Adopted by Res. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf" -A "\c" \ - -- "589(05)" -\& on 1/18/2005 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-4_Primary_Election:_Who_Nominated_Or_Elected" -A "\c" \ - -- "Section 6-4 Primary Election: Who Nominated Or Elected" -\& -.LP -In a primary election, the two candidates for each office to be filled -receiving the greatest number of votes for that office, shall be -nominated. -If one of the candidates for an office receives a majority of all votes -cast for all candidates for that office, he alone shall be not only -nominated, but also elected ipso facto; and his name shall not appear on -the ballot for the general election. -In case of failure to nominate one or both candidates for an office -because of a tie, the nominee or nominees shall be determined from among -those tying, fairly by lot, by the county election board in a public -meeting. -If one of the two candidates for an office nominated in a primary -election dies or withdraws before the general election, the remaining -candidate shall be elected ipso facto; and his name need not appear on -the ballot for the general election. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-5_General_Election:_Time,_Who_Elected" -A "\c" \ - -- "Section 6-5 General Election: Time, Who Elected" -\& -.LP -A general election shall be held in the city on the statutory general -election date to elect the councilperson to succeed those whose terms -are expiring. -Every qualified elector of the City shall be entitled to vote for one of -the two candidates for each office [the office of councilperson at -large] to be filled, [and every qualified elector of each ward shall be -entitled to vote for one of the two candidates for the office of -councilperson from that respective ward to be filled], but may not vote -for any other person. -The candidate for each office receiving the greater number of votes, -shall be elected. -In case of a tie, the election shall be determined, fairly by lot, by -the county election board in a public meeting. -.PP -(Res. -No. -432(99), 1-7-1999) -HISTORY -.br -\f[I]Amended by Res. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf" -A "\c" \ - -- "589(05)" -\& on 1/18/2005 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-6_Primary_And_General_Elections:_When_Not_Held" -A "\c" \ - -- "Section 6-6 Primary And General Elections: When Not Held" -\& -.LP -If there are no candidates and no questions to be voted upon at a -primary or general election, the election shall not be held. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-7_Registered_Qualified_Electors" -A "\c" \ - -- "Section 6-7 Registered Qualified Electors" -\& -.LP -Only electors residing in this city who have the qualifications -prescribed for electors by the state constitution and law, and who are -registered as may be required by law, may vote in city elections. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-8_Political_Activity_Of_Officers_And_Employees" -A "\c" \ - -- "Section 6-8 Political Activity Of Officers And Employees" -\& -.LP -No officer or employee of the city except the councilmen and personnel -who receive no compensation for their services, may work for or against, -or attempt to influence, the nomination, election, or defeat of any -candidate for councilman, or the recall of any councilman; provided that -this shall not prohibit the ordinary exercise of one\[aq]s right to -express his opinions and to vote. -Any person who violates this section shall be punished, upon conviction -thereof, by a fine not exceeding twenty dollars including costs. -Such violation shall constitute cause for removal from office or -employment; and if the regular removal authority has not already removed -a person who violates this section, he shall be automatically removed by -the said conviction of violating this section effective at the -expiration of his right of appeal or, in the case of appeal, when the -case is finally determined. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-9_State_Constitution_And_Law_To_Govern" -A "\c" \ - -- "Section 6-9 State Constitution And Law To Govern" -\& -.LP -The provisions of the state constitution and law applicable to city -elections, shall govern such elections in this city insofar as they are -applicable and are not superseded by this charter or by ordinance. -.PP -A proclamation of the mayor calling a special election need not (but -may) set forth the names of the precinct officers who are to conduct the -election but shall give the locations of polling places. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-10_Authorizing_Absentee_Voting" -A "\c" \ - -- "Section 6-10 Authorizing Absentee Voting" -\& -.LP -Voting by absentee ballots shall be permitted in all municipal, primary, -general or special elections to be held in the City of Moore, Oklahoma, -beginning in the year 1982 A.D. -.PP -(Res. -No. -116(81), § 1, 2-2-1981) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VII_RECALL" -A "\c" \ - -- "ARTICLE VII RECALL" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-1_Recall_Authorized" -A "\c" \ - -- "Section 7-1 Recall Authorized" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-2_Recall_Petition" -A "\c" \ - -- "Section 7-2 Recall Petition" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-3_Recall_Election:_Council_To_Order" -A "\c" \ - -- "Section 7-3 Recall Election: Council To Order" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-4_Recall_Election:_How_Held" -A "\c" \ - -- "Section 7-4 Recall Election: How Held" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-5_Person_Recalled_Or_Resigning" -A "\c" \ - -- "Section 7-5 Person Recalled Or Resigning" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-1_Recall_Authorized" -A "\c" \ - -- "Section 7-1 Recall Authorized" -\& -.LP -The incumbent of any elective city office, including a person appointed -to fill a vacancy in any such office, may be recalled from office by the -electors qualified to vote for the election of a successor to the -incumbent, in the manner provided herein; provided, that the recall -statement or petition shall be for official misconduct of said official, -which shall include, but not be limited to, willful neglect of duty, -corruption in office, habitual drunkenness, incompetency, or a -conviction of any offense involving moral turpitude committed while in -office. -.PP -(Res. -No. -131(82), § 1, 2-12-1982) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-2_Recall_Petition" -A "\c" \ - -- "Section 7-2 Recall Petition" -\& -.IP " 1." 4 -To initiate recall proceedings, a written statement in duplicate -proposing the recall of the incumbent of an elective office, shall be -signed by twenty or more registered qualified electors of the city, and -shall be filed with the city clerk after the incumbent has held the -office at least four months. -The statement shall also contain the reason or reasons for which the -recall is sought, in not more than two hundred words. -Within five days, the city clerk shall mail a copy of such statement by -registered, certified, or similar special mail to the officer at his -residential address. -Within ten days after the statement is mailed to the officer, the -officer may make and file with the city clerk a written statement in -duplicate justifying his conduct in office, in not more than two hundred -words; and the city clerk on request shall deliver one copy to one of -the persons filing the statement proposing the recall. -.IP " 2." 4 -The petition for recall shall include a demand that a successor to the -incumbent sought to be recalled be elected, and shall also include -before the space where the signatures are to be written the statement -giving the reason or reasons for recall under the heading \[dq]STATEMENT -FOR RECALL,\[dq] and if the officer has filed a statement as authorized, -the statement justifying his conduct in office under the heading -\[dq]STATEMENT AGAINST RECALL.\[dq] The two statements shall be in -letters of the same size. -A copy of the petition shall be filed with the city clerk within one -month after recall proceedings are initiated by the filing of the first -statement, and before the petition is circulated. -.IP " 3." 4 -A number of registered qualified electors of the city equal at least to -thirty-five percent (35%) of the number of electors who voted in the -last general municipal election, must sign the petition. -Each signer shall write after his name his address within the city, -giving street or avenue and number, if any. -Not more than one hundred signatures may appear on a single copy of the -petition. -Petitions may be circulated only by registered qualified electors of the -city; and the person who circulates each copy of the petition shall sign -an affidavit on the copy stating that each signer signed the petition in -his presence, that each signature on the petition is genuine, and that -he believes each signer to be a registered qualified elector of the -city. -.IP " 4." 4 -The circulated petition shall be filed with the city clerk not later -than one month after the filing of a copy as provided above. -Within one month after date of filing of the circulated petition, the -city clerk shall examine it and ascertain whether it has been prepared -and circulated as required, and whether the required number of -registered qualified electors of the city have signed it. -He shall then attach his certificate to the petition. -If his certificate states that the petition has not been prepared and -circulated as required and/or lacks a sufficient number of signatures, -the petition shall have no effect unless the decision of the city clerk -is appealed from and reversed by the district court. -But, if the city clerk\[aq]s certificate states that the petition has -been prepared and circulated as required and has a sufficient number of -signatures, he shall submit the petition and certificate to the council -at its next meeting. -Provided that any qualified elector who has signed said petition or the -officer affected may appeal from the decision of the city clerk within -five days from the date of such decision to the district court. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-3_Recall_Election:_Council_To_Order" -A "\c" \ - -- "Section 7-3 Recall Election: Council To Order" -\& -.LP -The council, by resolution or ordinance passed within ten days after -receiving the petition and certificate of the city clerk or after the -decision of the court, shall order and fix the date for a recall -election, which shall be held not less than forty days, nor more than -fifty days, after passage of the resolution or ordinance. -The city clerk shall cause the resolution or ordinance ordering the -election to be published in full in a newspaper authorized to publish -legal publications within ten days after its passage; and such -publication shall be sufficient notice of the election. -.PP -The qualified electors of the city may vote in a recall election on the -election of successors to more than one incumbent of an elective office -on the same day. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-4_Recall_Election:_How_Held" -A "\c" \ - -- "Section 7-4 Recall Election: How Held" -\& -.LP -The recall election shall be an election to fill the office held by the -incumbent sought to be recalled. -There shall be no primary. -Any qualified person, including the incumbent, may file as a candidate -for the office. -The candidate receiving the greatest number of votes in the recall -election shall be elected. -If a candidate other than the incumbent is elected, the incumbent shall -be recalled from office effective as of the time when the result of the -election is certified. -The said successful candidate must qualify within one month thereafter; -and if he fails to do so, the office shall be vacant, and the vacancy -shall be filled as other vacancies in the council are filled. -A candidate thus elected and qualifying shall serve for the unexpired -term. -If the incumbent is a candidate an receives the greatest number of -votes, he shall continue in office without interruption; and recall -proceedings may not again be initiated against him within one year after -the election. -.PP -The provisions of this charter relating to city elections shall also -govern recall elections insofar as they are applicable and are not -superseded by the provisions of this article. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-5_Person_Recalled_Or_Resigning" -A "\c" \ - -- "Section 7-5 Person Recalled Or Resigning" -\& -.LP -No person who has been recalled from an office, or who has resigned from -office while recall proceedings were pending against him, may hold any -office or position of employment in the city government within two years -after his recall or resignation. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VIII_OFFICERS_AND_EMPLOYEES_GENERALLY" -A "\c" \ - -- "ARTICLE VIII OFFICERS AND EMPLOYEES GENERALLY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-1_Appointments,_Removals,_Etc.,_Personnel_Regulations" -A "\c" \ - -- "Section 8-1 Appointments, Removals, Etc., Personnel Regulations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-2_Personnel_Board_Created" -A "\c" \ - -- "Section 8-2 Personnel Board Created" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-3_Classified_And_Unclassified_Services" -A "\c" \ - -- "Section 8-3 Classified And Unclassified Services" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-4_Removal,_Etc.,_Hearing_Before_The_Personnel_Board" -A "\c" \ - -- "Section 8-4 Removal, Etc., Hearing Before The Personnel Board" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-5_Qualifications_Of_Officers_And_Employees" -A "\c" \ - -- "Section 8-5 Qualifications Of Officers And Employees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-6_Nepotism" -A "\c" \ - -- "Section 8-6 Nepotism" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-7_Holding_More_Than_One_Office" -A "\c" \ - -- "Section 8-7 Holding More Than One Office" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-8_Official_Bonds" -A "\c" \ - -- "Section 8-8 Official Bonds" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-9_Oath_Or_Affirmation_Of_Office" -A "\c" \ - -- "Section 8-9 Oath Or Affirmation Of Office" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-10_Who_May_Administer_Oaths_And_Affirmations" -A "\c" \ - -- "Section 8-10 Who May Administer Oaths And Affirmations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-11_Removal,_Etc.,_Of_Officers_And_Employees" -A "\c" \ - -- "Section 8-11 Removal, Etc., Of Officers And Employees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-12_Acting_Officers_And_Employees" -A "\c" \ - -- "Section 8-12 Acting Officers And Employees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-13_Officers_To_Continue_Until_Successors_Are_Elected_Or_Appointed_And_Qualify" -A "\c" \ - -- "Section 8-13 Officers To Continue Until Successors Are Elected Or Appointed And Qualify" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-14_Conflict_Of_Interests" -A "\c" \ - -- "Section 8-14 Conflict Of Interests" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-1_Appointments,_Removals,_Etc.,_Personnel_Regulations" -A "\c" \ - -- "Section 8-1 Appointments, Removals, Etc., Personnel Regulations" -\& -.LP -Appointments and promotions in the service of the city shall be made -solely on the basis of merit and fitness; and removals, demotions, -suspensions, and layoffs shall be made solely for the good of the -service. -The council, consistently with this charter, by ordinance or personnel -rules, may regulate personnel matters and provide for proper personnel -administration. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-2_Personnel_Board_Created" -A "\c" \ - -- "Section 8-2 Personnel Board Created" -\& -.LP -There shall be a personnel board consisting of three members appointed -by the council for overlapping six-year terms. -The term of one member shall begin July 1 in every even-numbered year. -The council shall appoint the three original members so that the term of -one will expire at that time in each of the first three succeeding -even-numbered years. -A member may not hold any other office or position in the city -government. -The council, by a vote of at least five members, after adequate -opportunity for a public hearing, may remove a member for the good of -the service; and the vote shall be by yeas and nays and shall be entered -in the journal. -The council shall fill vacancies for the unexpired terms. -Members shall serve without compensation unless the council provides -otherwise. -.PP -At the time prescribed for the beginning of the term of a newly -appointed member or as soon thereafter as practicable, the board shall -elect a chairman, a vice-chairman, and a secretary; and the secretary -need not be a member of the board. -The board shall determine the time and place of its regular meetings, -and the chairman or two members may call special meetings. -.PP -The personnel board shall have power to subpoena officers and employees -of the city and other persons to testify and to produce documents and -other effects as evidence. -The chairman shall have power to administer oaths and affirmations. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-3_Classified_And_Unclassified_Services" -A "\c" \ - -- "Section 8-3 Classified And Unclassified Services" -\& -.LP -All officers and employees of the city shall be divided into the -classified and the unclassified service. -.IP " 1." 4 -The following shall constitute the unclassified service: -.RS 4 -.IP " 1." 4 -The mayor and other councilmen, and the municipal judge; -.IP " 2." 4 -The city manager, and one secretary to the city manager, if any; -.IP " 3." 4 -Members and secretary of each board, commission, or other plural -authority; -.IP " 4." 4 -All personnel who serve without compensation; -.IP " 5." 4 -Persons appointed or employed on a temporary basis to make or conduct a -special audit, inquiry, investigation, study, examination, or -installation, or to perform a temporary professional or technical -service, subject to such exceptions, limitations, and regulations as the -ordinances or personnel rules may prescribe; and such other temporary -personnel as may be placed in the unclassified service by ordinance or -personnel rules. -.RE -.IP " 2." 4 -All other officers and employees shall be in the classified service; -provided that, when the city has over 30,000 people as shown by any last -preceding federal census, any of the following may be placed in the -unclassified service by ordinance or personnel rules: One assistant city -manager if any; the heads, or directors, of administrative departments; -and one secretary for each such head, or director, who has a secretary. -.IP " 3." 4 -Nothing herein shall prohibit including personnel in the unclassified -service in the classification plan. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-4_Removal,_Etc.,_Hearing_Before_The_Personnel_Board" -A "\c" \ - -- "Section 8-4 Removal, Etc., Hearing Before The Personnel Board" -\& -.LP -The city manager or any other authority who lays off, suspends without -pay for more than ten days, demotes, or removes any regular (that is, -nontemporary) officer or employee in the classified service after a -probationary period of six months, shall, at that time or within two -days thereafter, deliver, or have delivered, or mail by registered, -certified, or similar special mail, to the officer or employee a written -statement of the reason or reasons for the layoff, suspension, demotion, -or removal. -Such officer or employee may appeal in writing to the personnel board. -The appeal must be filed with the secretary of the board, or with the -city clerk for transmittal to the board, within ten (10) days after -receipt of notice of the layoff, suspension, demotion, or removal (which -appeal may thus be filed either before or after the time of -effectiveness of the layoff, suspension, demotion, or removal). -As soon as practicable thereafter, the board shall hold a public hearing -on the appeal, or give an adequate opportunity therefor, and shall -report in writing its findings and recommendations, in cases of -subordinates of the city manager, to the city manager, and in other -cases to the respective authorities having power of removal; and the -city manager or other authority having power of removal shall then make -a final decision in writing regarding the appellant\[aq]s layoff, -suspension, demotion, or removal, as the case may be; provided that, if -the board finds that the layoff, suspension, demotion, or removal was -made for a political reason or reasons or for any other reason or -reasons than the good of the service, it shall veto the layoff, -suspension, demotion, or removal, and the action by the city manager or -other authority shall be nullified thereby. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-5_Qualifications_Of_Officers_And_Employees" -A "\c" \ - -- "Section 8-5 Qualifications Of Officers And Employees" -\& -.LP -Officers and employees of the city shall have the qualifications -prescribed by this charter and such additional qualifications as the -council may prescribe; but the council shall not prescribe additional -qualifications for councilmen. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-6_Nepotism" -A "\c" \ - -- "Section 8-6 Nepotism" -\& -.LP -Neither the city manager, the council, nor any other authority of the -city government, may appoint or elect any person related to any -councilman, to the city manager, or to himself, or, in the case of a -plural authority, to one of its members, by affinity or consanguinity -within the third degree, to any office or position of profit in the city -government; but this shall not prohibit an officer or employee from -continuing in the service of the city. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-7_Holding_More_Than_One_Office" -A "\c" \ - -- "Section 8-7 Holding More Than One Office" -\& -.LP -Except as may be otherwise provided by this charter or by ordinance, the -same person may hold more than one office in the city government. -The city manager may hold more than one such office, through appointment -by himself, by the council, or by other city authority having power to -fill the particular office, subject to any regulations which the council -may make by ordinance; but he may not receive compensation for service -in such other offices. -Also the council by ordinance may provide that the city manager shall -hold ex officio designated offices subordinate to the city manager as -well as other designated compatible city offices. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-8_Official_Bonds" -A "\c" \ - -- "Section 8-8 Official Bonds" -\& -.LP -The city manager, the city clerk, the city treasurer, and such other -officers and employees as the council may designate, before entering -upon their duties, shall provide bonds for the faithful performance of -their respective duties, payable to the city, in such form and in such -amounts as the council may prescribe, with a surety company authorized -to operate within the state. -The city shall pay the premiums on such bonds. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-9_Oath_Or_Affirmation_Of_Office" -A "\c" \ - -- "Section 8-9 Oath Or Affirmation Of Office" -\& -.LP -Every officer of the city, before entering upon the duties of his -office, shall take and subscribe to the oath or affirmation of office -prescribed by the state constitution. -The oath or affirmation shall be filed in the city clerk\[aq]s office. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-10_Who_May_Administer_Oaths_And_Affirmations" -A "\c" \ - -- "Section 8-10 Who May Administer Oaths And Affirmations" -\& -.LP -All officers authorized by federal or state law, the mayor, the city -manager, the city clerk, the municipal judge, and such other officers as -the council may authorize, may administer oaths and affirmations in any -matter pertaining to the affairs and government of the city. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-11_Removal,_Etc.,_Of_Officers_And_Employees" -A "\c" \ - -- "Section 8-11 Removal, Etc., Of Officers And Employees" -\& -.LP -Except in the case of the municipal judge, the power [to] lay off, -suspend, demote, and remove accompanies the power to appoint or elect, -and the city manager, the council, or other appointing or electing -authority at any time lay off, suspend, demote, or remove any officer or -employee to whom he, the council, or the other appointing or electing -authority respectively may appoint or elect a successor. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-12_Acting_Officers_And_Employees" -A "\c" \ - -- "Section 8-12 Acting Officers And Employees" -\& -.LP -The appointing or electing authority who may appoint or elect the -successor of an officer or employee, may appoint or elect a person to -act during the temporary absence, leave, disability, or suspension of -such officer or employee, or, in case of a vacancy, until a successor is -appointed or elected and qualifies, unless the council provides by -general ordinance that a particular superior or subordinate of such -officer or employee shall act. -The council by general ordinance may provide for a deputy to act in such -cases. -Also an acting municipal judge may be appointed to serve in any case or -proceeding for which the municipal judge is disqualified. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-13_Officers_To_Continue_Until_Successors_Are_Elected_Or_Appointed_And_Qualify" -A "\c" \ - -- "Section 8-13 Officers To Continue Until Successors Are Elected Or Appointed And Qualify" -\& -.LP -Every officer who is elected or appointed for a term ending at a -definite time, shall continue to serve thereafter until his successor is -elected or appointed and qualifies unless his services are sooner -terminated by resignation, removal, disqualification, death, abolition -of the office, or other legal manner. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-14_Conflict_Of_Interests" -A "\c" \ - -- "Section 8-14 Conflict Of Interests" -\& -.LP -Neither any councilman nor the city manager shall sell or barter -anything to the city or to a contractor to be supplied to the city; or -make any contract with the city; or purchase anything from the city -other than those things which the city offers generally to the public -(as for example, utility services), and then only on the same terms as -are offered to the public. -Any such officer violating this section, upon conviction thereof, shall -thereby forfeit his office. -Any violation of this section, with knowledge, express or implied, of -the person or corporation contracting with the city, shall render the -contract voidable by the city manager or the council. -This section shall not apply in cases in which the city acquires -property by condemnation. -.PP -The council by ordinance or personnel rules may further regulate -conflict of interests and ethics of officers and employees of the city. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IX_GENERAL_AND_MISCELLANEOUS_PROVISIONS" -A "\c" \ - -- "ARTICLE IX GENERAL AND MISCELLANEOUS PROVISIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-1_Gender" -A "\c" \ - -- "Section 9-1 Gender" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-2_Initiative_And_Referendum" -A "\c" \ - -- "Section 9-2 Initiative And Referendum" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-3_Publicity_Of_Records" -A "\c" \ - -- "Section 9-3 Publicity Of Records" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-1_Gender" -A "\c" \ - -- "Section 9-1 Gender" -\& -.LP -When the masculine gender is used in this charter, it shall also mean -the feminine unless the masculine alone is clearly indicated. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-2_Initiative_And_Referendum" -A "\c" \ - -- "Section 9-2 Initiative And Referendum" -\& -.LP -The powers of the initiative and referendum are reserved to the people -of the city. -In the exercise of these powers, the requirements of the state -constitution and law shall be observed. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-3_Publicity_Of_Records" -A "\c" \ - -- "Section 9-3 Publicity Of Records" -\& -.LP -All records and accounts of every office, department, or agency of the -city government, except records and documents the disclosure of which -would tend to defeat the lawful purpose which they are intended to -accomplish, shall be open to public inspection. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_X_AMENDMENT_AND_SEPARABILITY_OF_CHARTER" -A "\c" \ - -- "ARTICLE X AMENDMENT AND SEPARABILITY OF CHARTER" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-1_Amendment:_Proposal,_Ratification,_Approval" -A "\c" \ - -- "Section 10-1 Amendment: Proposal, Ratification, Approval" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-2_Separability" -A "\c" \ - -- "Section 10-2 Separability" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-1_Amendment:_Proposal,_Ratification,_Approval" -A "\c" \ - -- "Section 10-1 Amendment: Proposal, Ratification, Approval" -\& -.LP -This charter may be amended by proposals therefor submitted by the -council, or by the mayor upon initiative petition of the electors as -provided by the state constitution, at a general or special election, -ratified by a majority of the qualified electors voting thereon, and -approved by the governor as provided by the state constitution. -If more than one amendment is proposed, all of them except those which -are so interrelated that they should be ratified or rejected together, -shall be submitted in such manner that the electors may vote on them -separately. -A proposition to amend this charter may be either in the form of a -proposed amendment to a part or parts of the charter or of a proposed -new charter. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-2_Separability" -A "\c" \ - -- "Section 10-2 Separability" -\& -.LP -If a court of competent jurisdiction should hold any section or part of -this charter invalid, such holding shall not affect the remainder of -this charter nor the context in which such section or part so held -invalid may appear, except to the extent that an entire section or part -may be inseparably connected in meaning and effect with that section or -part. -.PP -If a court of competent jurisdiction holds a part of this charter -invalid, or if a change in the state constitution or law renders a part -of this charter invalid or inapplicable, the council by ordinance may -take such appropriate action as will enable the city government to -function properly. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_XI_SUCCESSION_IN_GOVERNMENT" -A "\c" \ - -- "ARTICLE XI SUCCESSION IN GOVERNMENT" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-1_Wards_(Reserved)" -A "\c" \ - -- "Section 11-1 Wards (Reserved)" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-2_When_Charter_Goes_Into_Effect" -A "\c" \ - -- "Section 11-2 When Charter Goes Into Effect" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-3_First_Elections_Under_This_Charter" -A "\c" \ - -- "Section 11-3 First Elections Under This Charter" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-4_Officers_And_Employees_Under_The_Town_Government" -A "\c" \ - -- "Section 11-4 Officers And Employees Under The Town Government" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-5_Ordinances_Continued" -A "\c" \ - -- "Section 11-5 Ordinances Continued" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-6_Pending_Actions_And_Proceedings" -A "\c" \ - -- "Section 11-6 Pending Actions And Proceedings" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-1_Wards_(Reserved)" -A "\c" \ - -- "Section 11-1 Wards (Reserved)" -\& -.LP -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-2_When_Charter_Goes_Into_Effect" -A "\c" \ - -- "Section 11-2 When Charter Goes Into Effect" -\& -.LP -If a majority of the qualified electors of the town voting on the -question vote to ratify this charter, the provisions of this charter -relating to elections shall go into effect immediately upon approval by -the governor as provided by the state constitution, for the purpose of -electing the first councilmen; and the charter shall go into full effect -at 7:30 o\[aq]clock P.M. -on the first Monday in May, 1962. -The council shall hold its first meeting at that time. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-3_First_Elections_Under_This_Charter" -A "\c" \ - -- "Section 11-3 First Elections Under This Charter" -\& -.LP -A primary election shall be held on the third Tuesday in March, 1962, -and a general election shall be held on the first Tuesday in April, -1962, to elect a councilman at large and two councilmen from each of the -three wards of the city. -.PP -In said primary election, every qualified elector of the city shall be -entitled to vote for two candidates for councilman from each ward, and -the instruction \[dq]Vote for two\[dq] shall be placed above the names -of the candidates for councilman from each ward. -The four candidates receiving the greatest number of votes shall be -nominated. -Provided that, if there are not more than two candidates for councilman -from a ward, they shall be elected ipso facto, and their names shall not -appear on the primary or general election ballots. -Provided further that, if there are not more than four candidates for -councilman from a ward, the two who receive the greatest number of votes -shall be not only nominated, but also elected ipso facto, and their -names shall not appear on the general election ballot. -.PP -In the general election on the first Tuesday in April, 1962, every -qualified elector of the city shall be entitled to vote for two of the -candidates for councilman from each ward unless the councilmen from a -particular ward have already been elected as provided hereinabove, and -the instruction \[dq]Vote for two\[dq] shall be placed above the names -of the candidates for councilman from each ward.The two candidates -receiving the greatest number of votes shall be elected. -.PP -The councilman from each ward (whether elected at the primary or the -general election) who receives more votes shall serve for a term of two -years, and the other councilman from the ward shall serve for a term of -one year. -Provided that, if, because of a tie or for any other reason, it is not -thus determined which of the two shall serve for a term of two years and -which shall serve for a term of one year, then such determination shall -be made fairly by lot by the county election board in a public meeting. -.PP -The provisions of article VI of this charter shall apply to the said -elections in 1962 insofar as such provisions are applicable and are not -superseded by the provisions of this section. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-4_Officers_And_Employees_Under_The_Town_Government" -A "\c" \ - -- "Section 11-4 Officers And Employees Under The Town Government" -\& -.LP -It is hereby declared to be the desire of the people of the city that -all incumbents of administrative offices and positions of employment -under the town government (including the incumbents of the offices of -town clerk and town treasurer) shall be continued in the service of the -city under this charter if they are qualified and if the good of the -service permits; but this general statement of desire shall not limit -the power of appointment and removal. -.PP -The offices of the town trustees shall terminate when this charter goes -into full effect. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-5_Ordinances_Continued" -A "\c" \ - -- "Section 11-5 Ordinances Continued" -\& -.LP -All ordinances, insofar as they are not inconsistent with this charter, -shall continue in effect until they are repealed or until they expire by -their own limitations. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-6_Pending_Actions_And_Proceedings" -A "\c" \ - -- "Section 11-6 Pending Actions And Proceedings" -\& -.LP -The adoption of this charter shall not abate or otherwise affect any -action or proceeding, civil or criminal, pending when it takes effect, -brought by or against the municipality or any office, department, -agency, or officer thereof. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_1_GENERAL_PROVISIONS" -A "\c" \ - -- "PART 1 GENERAL PROVISIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-1_DEFINITIONS,_INTERPRETATION,_APPLICABILITY,_FINES" -A "\c" \ - -- "CHAPTER 1-1 DEFINITIONS, INTERPRETATION, APPLICABILITY, FINES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-2_STANDARD_RULES;_NOTICES,_WARRANTS,_INSPECTIONS,_FEES,_BONDS" -A "\c" \ - -- "CHAPTER 1-2 STANDARD RULES; NOTICES, WARRANTS, INSPECTIONS, FEES, BONDS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-3_CORPORATE_AND_WARD_LIMITS" -A "\c" \ - -- "CHAPTER 1-3 CORPORATE AND WARD LIMITS" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-1_DEFINITIONS,_INTERPRETATION,_APPLICABILITY,_FINES" -A "\c" \ - -- "CHAPTER 1-1 DEFINITIONS, INTERPRETATION, APPLICABILITY, FINES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-101_Designation_And_Citation_Of_Code" -A "\c" \ - -- "Sec 1-101 Designation And Citation Of Code" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-102_Rules_Of_Code_Construction;_Definitions" -A "\c" \ - -- "Sec 1-102 Rules Of Code Construction; Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-103_Authority_Of_Code" -A "\c" \ - -- "Sec 1-103 Authority Of Code" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-104_Conflicting_Provisions" -A "\c" \ - -- "Sec 1-104 Conflicting Provisions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-105_References_Include_Amendments;_Construction" -A "\c" \ - -- "Sec 1-105 References Include Amendments; Construction" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-106_Catchlines_And_Headings;_Construction" -A "\c" \ - -- "Sec 1-106 Catchlines And Headings; Construction" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-107_Code_Provisions_As_Continuance_Of_Existing_Ordinances" -A "\c" \ - -- "Sec 1-107 Code Provisions As Continuance Of Existing Ordinances" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-108_General_And_Specific_Penalties;_Suspension_Or_Revocation_Of_License_Or_Permit" -A "\c" \ - -- "Sec 1-108 General And Specific Penalties; Suspension Or Revocation Of License Or Permit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-109_Each_Day_Of_Violation_Of_Code_A_Separate_Offense" -A "\c" \ - -- "Sec 1-109 Each Day Of Violation Of Code A Separate Offense" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-110_Prohibited_Acts_Include_Causing,_Permitting,_Concealing" -A "\c" \ - -- "Sec 1-110 Prohibited Acts Include Causing, Permitting, Concealing" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-111_Civil_Relief_From_Violations_Of_Code_Of_Ordinances" -A "\c" \ - -- "Sec 1-111 Civil Relief From Violations Of Code Of Ordinances" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-112_Territorial_Applicability" -A "\c" \ - -- "Sec 1-112 Territorial Applicability" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-113_Ordinances_In_Effect_In_Outlying_Territory_Of_City" -A "\c" \ - -- "Sec 1-113 Ordinances In Effect In Outlying Territory Of City" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-114_Official_Seal" -A "\c" \ - -- "Sec 1-114 Official Seal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-115_Amendments_To_Code" -A "\c" \ - -- "Sec 1-115 Amendments To Code" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-116_Code_Severability" -A "\c" \ - -- "Sec 1-116 Code Severability" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-101_Designation_And_Citation_Of_Code" -A "\c" \ - -- "Sec 1-101 Designation And Citation Of Code" -\& -.LP -The ordinances embraced in this and the following chapters and sections -shall constitute and be designated as the \[dq]City Code of Moore, -Oklahoma,\[dq] and may be so cited. -The Code may also be cited as the \[dq]City Code\[dq] or in the -provisions which follow, as the \[dq]Code.\[dq] -.PP -(Prior Code, § 1-1; Code 1999, § 1-101) -.PP -\f[B]State Law reference\f[R]\[em] Adoption, revision of codes of -ordinances, 11 O.S. -§§ 14-108, 14-109. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-102_Rules_Of_Code_Construction;_Definitions" -A "\c" \ - -- "Sec 1-102 Rules Of Code Construction; Definitions" -\& -.IP " 1." 4 -In the construction of this Code and all ordinances, the following rules -of construction and definitions shall be observed unless inconsistent -with the manifest intent of the city council or the context clearly -requires otherwise: -.br -\f[I] -.br -Administrative regulations\f[R]. -The term \[dq]administrative regulations\[dq] means written orders which -are issued by approval of the mayor or city manager. -.br -\f[I] -.br -Bond\f[R]. -The term \[dq]bond\[dq] means an obligation in writing, binding the -signatory to pay a sum certain upon the happening or failure of an -event. -.br -\f[I] -.br -Building\f[R]. -The term \[dq]building\[dq] means any structure intended to have walls -and a roof. -.br -\f[I] -.br -Building official\f[R]. -The term \[dq]building official\[dq] means the person appointed by the -city manager and designated as the city\[aq]s building official. -.br -\f[I] -.br -Business\f[R]. -The term \[dq]business\[dq] means any profession, trade, occupation and -any other commercial enterprise conducted for monetary reward. -.br -\f[I] -.br -Charter\f[R]. -The term \[dq]Charter\[dq] means the Charter of the City of Moore. -.br -\f[I] -.br -City\f[R]. -The term \[dq]city\[dq] means the City of Moore, in the County of -Cleveland and State of Oklahoma. -.br -\f[I] -.br -City limits\f[R]. -The term \[dq]city limits\[dq] means within the city and includes not -only the corporate limits of the city but also any property which it -owns or which is under its jurisdiction. -.br -\f[I] -.br -Clerk\f[R]. -The term \[dq]clerk\[dq] means the city clerk. -.br -\f[I] -.br -Conjunctions\f[R]. -In a provision involving two or more items, conditions, provisions or -events, which items, conditions, provisions or events are connected by -the conjunction \[dq]and,\[dq] \[dq]or\[dq] or \[dq]either \&... -or,\[dq] the conjunction shall be interpreted as follows, except that -the term \[dq]or\[dq] may be read \[dq]and,\[dq] and the term -\[dq]and\[dq] may be read \[dq]or\[dq] if the sense requires it: -.RS 4 -.IP " 1." 4 -\[dq]And\[dq] indicates that all the connected terms, conditions, -provisions or events apply. -.IP " 2." 4 -\[dq]Or\[dq] indicates that the connected terms, conditions, provisions -or events apply singly or in any combination. -.IP " 3." 4 -\[dq]Either \&... -or\[dq] indicates that the connected terms, conditions, provisions or -events apply singly but not in combination. -\f[I]Council\f[R]. -The term \[dq]council\[dq] means the governing body of the city; the -city council. -.br -\f[I] -.br -County\f[R]. -The term \[dq]county\[dq] means Cleveland County, Oklahoma. -.br -\f[I] -.br -Definitions\f[R]. -Definitions given within a chapter or article apply only to words or -phrases used in such chapter or article unless otherwise provided. -.br -\f[I] -.br -Designee\f[R]. -The term \[dq]designee,\[dq] following an official of the city, means -the authorized agent, employee or representative of such official. -.br -\f[I] -.br -Gender\f[R]. -Words importing the masculine gender include the feminine and neuter as -well as the masculine. -.br -\f[I] -.br -Health officer\f[R]. -The term \[dq]health officer\[dq] means the administrator of the -cooperative department of the county and the city. -.br -\f[I] -.br -Keeper\f[R]. -The term \[dq]keeper\[dq] means one in possession of or who has the -care, custody or superintendence of a thing, place or business, whether -or not the owner or proprietor, and includes any person, firm, -association, corporation, club and copartnership, whether acting by -themselves or by a servant, agent or employee. -.br -\f[I] -.br -Law\f[R]. -The term \[dq]law\[dq] means applicable federal law and court decisions, -court decisions and provisions of the constitution and statutes of the -state, ordinances and Charter of the city, and, when appropriate, any -and all rules and regulations promulgated thereunder. -.br -\f[I] -.br -Manager\f[R]. -The term \[dq]manager\[dq] means the city manager. -.br -\f[I] -.br -May\f[R]. -The term \[dq]may\[dq] is permissive and discretionary. -.br -\f[I] -.br -Mayor\f[R]. -The term \[dq]mayor\[dq] means the mayor of the city. -.br -\f[I] -.br -Month\f[R]. -The term \[dq]month\[dq] means a calendar month. -.br -\f[I] -.br -Number\f[R]. -Words used in the singular include the plural and the plural includes -the singular. -.br -\f[I] -.br -Oath\f[R]. -The term \[dq]oath\[dq] means any form of attestation by which a person -signifies that he is bound in conscience to perform an act or to speak -faithfully and truthfully, and includes an affirmation or declaration in -cases where by law an affirmation may be substituted for an oath. -.br -\f[I] -.br -Occupant\f[R]. -The term \[dq]occupant\[dq] means the tenant or person in actual -possession. -.br -\f[I] -.br -Operate\f[R]. -The term \[dq]operate\[dq] means carry on, keep, conduct, maintain, -manage, direct or superintend. -.br -\f[I] -.br -Ordinances\f[R]. -The term \[dq]ordinances\[dq] means the ordinances of the city and all -amendments and supplements thereto. -.br -\f[I] -.br -O.S.\f[R] The abbreviation \[dq]O.S.\[dq] means the latest edition of -the Oklahoma Statutes, as now or hereafter amended. -.br -\f[I] -.br -Owner\f[R]. -The term \[dq]owner\[dq] means one who has complete dominion over -particular property and who is the one in whom legal or equitable title -rests. -When applied to a building or land, the term \[dq]owner\[dq] means any -part owner, joint owner, owner of a community or partnership interest, -life tenant, tenant in common, or joint tenant, of the whole or part of -such building or land. -.br -\f[I] -.br -Person\f[R]. -The term \[dq]person\[dq] means any individual, natural person, joint -stock company, partnership, voluntary association, club, firm, company, -corporation, business trust, organization, or any other bodies corporate -or politic or group acting as a unit, or the manager, lessee, agent, -servant, partner, member, director, officer or employee of any of them, -including an executor, administrator, trustee, receiver, or other -representative appointed according to law. -.br -\f[I] -.br -Personal property\f[R]. -The term \[dq]personal property\[dq] means any money, goods, movable -chattels, things in action, evidence of debt, all objects and rights -which are capable of ownership, and every other species of property -except real property. -.br -\f[I] -.br -Preceding; following\f[R]. -The terms \[dq]preceding\[dq] and \[dq]following\[dq] mean next before -and next after, respectively. -.br -\f[I] -.br -Proprietor\f[R]. -The term \[dq]proprietor\[dq] means an owner of the property or -premises, including any person, firm, association, corporation, club, -partnership or other group acting as a unit, whether acting by -themselves or by a servant, agent or employee. -.br -\f[I] -.br -Public place\f[R]. -The term \[dq]public place\[dq] means and includes any public street, -road or highway, alley, lane, sidewalk, crosswalk, or other public way, -or any public resort, place of amusement, stadium, athletic field, park, -playground, public building or grounds appurtenant thereto, school -building or school grounds, public parking lot or any vacant lot, the -elevator, lobby, halls, corridors and areas open to the public of any -store, office, or apartment building, or any other place commonly open -to the public. -.br -\f[I] -.br -Real property\f[R]. -The term \[dq]real property\[dq] means land together with all things -attached to the land so as to become a part thereof. -.br -\f[I] -.br -Shall\f[R]. -The term \[dq]shall\[dq] is mandatory. -.br -\f[I] -.br -Sidewalk\f[R]. -The term \[dq]sidewalk\[dq] means that portion of a street between the -curbline and the adjacent property along the margin of a street or other -highway, designed, constructed and intended for the use of pedestrians -to the exclusion of vehicles. -.br -\f[I] -.br -Signature; subscription\f[R]. -The terms \[dq]signature\[dq] and \[dq]subscription\[dq] mean the name -of a person, mark or symbol appended by him to a writing with intent to -authenticate the instrument as one made or put into effect by him. -.br -\f[I] -.br -State\f[R]. -The term \[dq]state\[dq] means the State of Oklahoma. -.br -\f[I] -.br -Statutes\f[R]. -The term \[dq]statutes\[dq] means the Oklahoma Statutes as they are now -or as they may be amended to be. -.br -\f[I] -.br -Street\f[R]. -The term \[dq]street\[dq] means all streets, highways, avenues, -boulevards, parkways, roads, lanes, viaducts, bridges and the approaches -thereto, docks built on the public street, alleys, courts, places, -squares, curbs, sidewalks, recreation and park lands used for vehicular -traffic, or other public ways or thoroughfares in the city, over which -it has jurisdiction, which have been or may hereafter be dedicated and -open to public use, or such other public property so designated in any -law of the state. -.br -\f[I] -.br -Tenant\f[R]. -The term \[dq]tenant\[dq] means any person occupying the premises, -building or land of another in subordination to such other person\[aq]s -title and with his express or implied assent, whether he occupies the -whole or a part of those premises, buildings or lands, whether alone or -with others. -.br -\f[I] -.br -Tense\f[R]. -Words used in the past or present tense include the future, past and -present where applicable unless the context clearly indicates otherwise. -.br -\f[I] -.br -Time\f[R]. -The term \[dq]time\[dq] means the hour of the day according to the -official time of the day. -.br -\f[I] -.br -Time of performance\f[R]. -The term \[dq]time of performance\[dq] means the time within which an -act is to be done as provided in any section or any order issued -pursuant to any section, when expressed in days, and is computed by -excluding the first and including the last day. -If the last day is a Sunday or legal holiday, that day shall not be -counted in the computation. -When the time is expressed in hours, the whole of Sunday or a legal -holiday from midnight to midnight is excluded. -.br -\f[I] -.br -Treasurer\f[R]. -The term \[dq]treasurer\[dq] means the city treasurer. -.br -\f[I] -.br -Watercourse\f[R]. -The term \[dq]watercourse\[dq] means any drain, ditch and stream, -flowing in a definite direction or course in a bed with banks. -.br -\f[I] -.br -Week\f[R]. -The term \[dq]week\[dq] means seven days. -.br -\f[I] -.br -Writing; written\f[R]. -The terms \[dq]writing\[dq] and \[dq]written\[dq] mean any -representation of words, letters or figures, whether by printing or -otherwise, capable of comprehension by ordinary visual means. -.br -\f[I] -.br -Year\f[R]. -The term \[dq]year\[dq] means a calendar year. -.RE -.IP " 2." 4 -Words and phrases are construed according to the common and approved -usage of the language, but technical words and phrases and others that -have acquired a peculiar and appropriate meaning in the law are -construed and understood according to such meaning. -.LP -(Prior Code, § 1-4; Code 1999, § 1-102) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-103_Authority_Of_Code" -A "\c" \ - -- "Sec 1-103 Authority Of Code" -\& -.LP -This Code is a revision and codification of the general ordinances of -the city which have been enacted and published in accordance with the -authority granted in 11 O.S. -§§ 14-108 and 14-109. -.PP -(Code 1999, § 1-103) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-104_Conflicting_Provisions" -A "\c" \ - -- "Sec 1-104 Conflicting Provisions" -\& -.IP " 1." 4 -If the provisions of different parts, chapters, articles, divisions or -sections of this Code conflict with or contravene each other, the -provisions of each part, chapter, article, division or section shall -prevail as to all matters and questions growing out of the subject -matter of that part, chapter, article, division or section. -.IP " 2." 4 -If clearly conflicting provisions are found in different sections of the -same chapter, the provisions of the section last enacted shall prevail -unless the construction is inconsistent with the meaning of that -section. -.IP " 3." 4 -Where any conflict exists between a part, chapter, article, division or -section of this Code and any chapter or section of the Charter, the -latter shall prevail. -.LP -(Code 1999, § 1-104) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-105_References_Include_Amendments;_Construction" -A "\c" \ - -- "Sec 1-105 References Include Amendments; Construction" -\& -.IP " 1." 4 -Any reference in this Code to an ordinance or provision of this Code -means such ordinance or provision as may now exist or is hereafter -amended. -.IP " 2." 4 -Any references in this Code to parts, chapters, articles, divisions or -sections shall be to the parts, chapters, articles, divisions or -sections of this Code unless otherwise specified. -.LP -(Code 1999, § 1-105) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-106_Catchlines_And_Headings;_Construction" -A "\c" \ - -- "Sec 1-106 Catchlines And Headings; Construction" -\& -.IP " 1." 4 -All designations and headings of parts, chapters, articles, divisions -and sections are intended only for convenience in arrangement and as -mere catchwords to indicate the contents of such parts, chapters, -articles, divisions or sections, whether printed in capital letters or -bold face type. -They shall not be deemed or taken to be any part or title of such parts, -chapters, articles, divisions or sections; nor, unless expressly so -provided, shall they be so deemed upon amendment or reenactment; nor -shall they be construed to govern, limit, modify, alter or in any other -manner affect the scope, meaning or intent of any of the provisions of -this Code. -.IP " 2." 4 -The history or source notes appearing in parentheses after sections in -this Code have no legal effect and only indicate legislative history. -Editor\[aq]s notes, cross references and state law references that -appear in this Code after sections or subsections or that otherwise -appear in footnote form are provided for the convenience of the user of -the Code and have no legal effect. -.LP -(Prior Code, § 1-2; Code 1999, § 1-106) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-107_Code_Provisions_As_Continuance_Of_Existing_Ordinances" -A "\c" \ - -- "Sec 1-107 Code Provisions As Continuance Of Existing Ordinances" -\& -.LP -The provisions appearing in this Code, insofar as they relate to the -same subject matter and are substantially the same as those ordinance -provisions previously adopted by the city and existing at the effective -date of this Code, shall be considered as restatements and continuations -thereof and not as new enactments. -.PP -(Code 1999, § 1-107) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-108_General_And_Specific_Penalties;_Suspension_Or_Revocation_Of_License_Or_Permit" -A "\c" \ - -- "Sec 1-108 General And Specific Penalties; Suspension Or Revocation Of License Or Permit" -\& -.IP " 1." 4 -Whenever in this Code, in any ordinance of the city, or in any rule or -regulation promulgated pursuant to this Code, any act or failure to do a -required act is prohibited or is made or declared to be unlawful or an -offense or a misdemeanor, where no specific penalty is provided herein -or therefor, the violation of any such provision of this Code or any -ordinance or rule shall be punished by a fine not exceeding $500.00, -unless the penalty is limited by state law, in which case the violations -shall be punishable by not to exceed the maximum permitted by state law -or the amount declared by the city, whichever is greater. -Nothing in this section shall be deemed to impose a penalty upon city -officers or city employees for failure to perform an official duty -unless it is specifically provided that such failure shall be punished -as provided in this section. -.IP " 2." 4 -The following specific offenses, unless provided in this Code, shall be -punished by a fine not exceeding $500.00, or 30 days imprisonment, or -both such fine and imprisonment: -.br -.RS 4 -.PP -.na -.nr LLold \n[LL] -.TS -delim(@@) tab( ); -lw(35.0n) lw(35.0n). -T{ -.nr LL 35.0n -Offense -.br -T} T{ -.nr LL 35.0n -Code Section -.br -T} -T{ -.nr LL 35.0n -Sales tax -.br -T} T{ -.nr LL 35.0n -7-316 -T} -T{ -.nr LL 35.0n -Hotel tax -.br -T} T{ -.nr LL 35.0n -7-525 -T} -T{ -.nr LL 35.0n -Eluding a police officer -.br -T} T{ -.nr LL 35.0n -10-608 -T} -T{ -.nr LL 35.0n -Battery on an officer -.br -T} T{ -.nr LL 35.0n -10-605 -T} -.TE -.nr LL \n[LLold] -.ad -.RE -.IP " 3." 4 -The following specific offenses, unless otherwise provided in this Code, -shall be punished by a fine not exceeding $800.00. -.br -The court shall remit $50.00 of each alcohol fine or deferral fee to a -fund of the city that shall be used to defray costs for enforcement of -laws relating to juvenile access to alcohol, other laws relating to -alcohol and other intoxicating substances, and traffic-related offenses -involving alcohol or other intoxicating substances. -.IP " 4." 4 -The suspension or revocation of any license, certificate or other -privilege conferred by the city shall not be regarded as a penalty for -the purposes of this Code but shall be in addition thereto. -.LP -(Prior Code, § 1-10; Code 1999, § 1-108; Ord. -No. -559(91), 6-17-1991; Ord. -No. -7(91), 12-16-1991; Ord. -No. -20(92), 4-6-1992; Ord. -No. -62(93), 10-4-1993; Ord. -No. -65(93), 11-15-1993; Ord. -No. -69(94), 1-3-1994; Ord. -No. -72(94), 1-3-1994; Ord. -No. -269(00), 1-18-2000; Ord. -No. -482(04), 10-18-2004; Ord. -No. -552(06), 9-5-2006) -.PP -\f[B]State Law reference\f[R]\[em] Penalty for ordinance violations, 11 -O.S. -§ 14-111 -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346633_Ordinance%20No.%20896%20(18).pdf" -A "\c" \ - -- "896(18)" -\& on 12/3/2018 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-109_Each_Day_Of_Violation_Of_Code_A_Separate_Offense" -A "\c" \ - -- "Sec 1-109 Each Day Of Violation Of Code A Separate Offense" -\& -.LP -Except as otherwise provided: -.IP " 1." 4 -With respect to violations that are continuous with respect to time, -each day the violation continues is a separate offense. -.IP " 2." 4 -With respect to other violations, each violation constitutes separate -offense. -.LP -(Prior Code, § 1-10, in part; Code 1999, § 1-109) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-110_Prohibited_Acts_Include_Causing,_Permitting,_Concealing" -A "\c" \ - -- "Sec 1-110 Prohibited Acts Include Causing, Permitting, Concealing" -\& -.LP -Whenever in this Code any act or omission is made unlawful or -prohibited, it shall include causing, allowing, permitting, aiding, -abetting or concealing the fact of such act or omission. -.PP -(Code 1999, § 1-110) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-111_Civil_Relief_From_Violations_Of_Code_Of_Ordinances" -A "\c" \ - -- "Sec 1-111 Civil Relief From Violations Of Code Of Ordinances" -\& -.LP -No penalty imposed by or pursuant to section 1-108 or any other section -of this Code or other ordinance of the city shall interfere with the -right of the city to apply to the proper courts of the state for a writ -of mandamus, an injunction or other appropriate relief in the case of -violations of this Code or other ordinances. -.PP -(Code 1999, § 1-111) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-112_Territorial_Applicability" -A "\c" \ - -- "Sec 1-112 Territorial Applicability" -\& -.LP -Except as provided otherwise, this Code refers only to the commission or -omission of acts within the territorial limits of the city and to that -territory outside the city over which the city has jurisdiction, -ownership or control by virtue of any constitutional or Charter -provision, or any law. -.PP -(Code 1999, § 1-112) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-113_Ordinances_In_Effect_In_Outlying_Territory_Of_City" -A "\c" \ - -- "Sec 1-113 Ordinances In Effect In Outlying Territory Of City" -\& -.LP -All ordinances of the city now in effect within the city are hereby -extended to all real property belonging to, or under the control of, the -city outside the corporate limits of the city, and is in full effect -therein, insofar as they are applicable. -All ordinances of the city which shall go into effect in the future -shall also apply to, and be in full effect within, the boundaries of all -outlying real property, insofar as they may be applicable. -Any words in any ordinance indicating that the effect of an ordinance -provision is limited to the corporate limits of the city shall be deemed -to mean and include also the outlying real property belonging to, or -under the control of, the city, unless the context clearly indicates -otherwise. -.PP -(Prior Code, § 1-7; Code 1999, § 1-113) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-114_Official_Seal" -A "\c" \ - -- "Sec 1-114 Official Seal" -\& -.LP -The seal of the city shall be of circular form and shall have lettered -in the upper portion of its outer circumference the words \[dq]City of -Moore\[dq] and in the lower portion of its outer circumference the words -\[dq]Moore, Oklahoma.\[dq] The words \[dq]Corporate Seal\[dq] shall be -lettered within the inner circle of the seal. -The seal shall be the corporate seal of the city and shall be used for -the authentication of all documents required by law to be sealed with -the seal of the city. -.PP -(Prior Code, § 1-8; Code 1999, § 1-114) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-115_Amendments_To_Code" -A "\c" \ - -- "Sec 1-115 Amendments To Code" -\& -.IP " 1." 4 -Amendments to any of the provisions of this Code shall be made by -amending such provisions by specific reference to the section number of -this Code in the following language: \[dq]That section _____ of the -Moore City Code is hereby amended to read as follow:\&....\[dq] The new -provisions shall then be set out in full as desired. -.IP " 2." 4 -In the event a new section not heretofore existing in the Code is to be -added, the following language shall be used: \[dq]That the Moore City -Code is hereby amended by adding a section, to be number _____, which -section reads as follows:\&....\[dq] The new section shall then be set -out in full as desired. -.LP -(Prior Code, § 1-11; Code 1999, § 1-115) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-116_Code_Severability" -A "\c" \ - -- "Sec 1-116 Code Severability" -\& -.LP -It is declared to be the intention of the council that the sections, -subsections, paragraphs, sentences, clauses and words of this Code are -severable. -If any section, subsection, paragraph, sentence, clause or word is -declared unconstitutional or otherwise invalid by the judgment or decree -of any court of competent jurisdiction, its unconstitutionality or -invalidity shall not affect the validity of any of the remaining -sections, subsections, paragraphs, sentences, clauses and words of this -Code, since the sections or parts of sections would have been enacted by -the council without and irrespective of any unconstitutional or -otherwise invalid section, subsection, paragraph, sentence, clause or -word being incorporated into this Code. -.PP -(Prior Code, § 1-13; Code 1999, § 1-116) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-2_STANDARD_RULES;_NOTICES,_WARRANTS,_INSPECTIONS,_FEES,_BONDS" -A "\c" \ - -- "CHAPTER 1-2 STANDARD RULES; NOTICES, WARRANTS, INSPECTIONS, FEES, BONDS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-201_Acts_By_Deputy_Or_Designee" -A "\c" \ - -- "Sec 1-201 Acts By Deputy Or Designee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-202_Notices;_Service_And_Proof" -A "\c" \ - -- "Sec 1-202 Notices; Service And Proof" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-203_Inspections_And_Right_Of_Entry" -A "\c" \ - -- "Sec 1-203 Inspections And Right Of Entry" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-204_Schedule_Of_Fees_And_Charges_Created" -A "\c" \ - -- "Sec 1-204 Schedule Of Fees And Charges Created" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-205_Bonds,_Schedule_Created" -A "\c" \ - -- "Sec 1-205 Bonds, Schedule Created" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-201_Acts_By_Deputy_Or_Designee" -A "\c" \ - -- "Sec 1-201 Acts By Deputy Or Designee" -\& -.LP -Whenever a power is granted to or a duty is imposed upon a public -officer or employee, the power may be performed by an authorized deputy -or designee or by any person authorized pursuant to law or ordinances, -unless this Code expressly provides otherwise. -.PP -(Code 1999, § 1-201) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-202_Notices;_Service_And_Proof" -A "\c" \ - -- "Sec 1-202 Notices; Service And Proof" -\& -.IP " 1." 4 -Unless otherwise specifically provided in this Code or applicable law, -whenever a notice is required to be given pursuant to any section of -this Code, such notice shall be given either by personal delivery to the -person to be notified or by deposit in the United States mail in a -sealed envelope, postage prepaid, addressed to the person to be notified -at his last-known business or residence address as the same appears in -applicable city records or other records pertaining to the matter for -which such notice is served, or by any other method of delivery approved -by law. -Service by mail shall be deemed to have been completed at the time of -deposit in the post office or any United States mailbox. -.IP " 2." 4 -Unless otherwise specifically provided, proof of giving any notice may -be made by the certificate of any officer or employee of the city or by -affidavit of any person over the age of 18 years who actually -accomplished personal service in conformity with this Code or other -provisions of law applicable to the subject matter concerned, or by a -return receipt signed by the recipient notified by United States mail. -.LP -(Code 1999, § 1-202) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-203_Inspections_And_Right_Of_Entry" -A "\c" \ - -- "Sec 1-203 Inspections And Right Of Entry" -\& -.IP " 1." 4 -To enforce the provisions of this Code, the city manager or his designee -or any other person designated by this Code or otherwise shall have a -right of entry on premises for inspection purposes in the manner and to -the extent as may be authorized by applicable law. -This right of entry shall be a condition of any permit, license, grant -or any utility service with or provided by the city. -For the purpose of this section, inspection includes records and papers -on the premises or of the permittee, licensee, grantee or customer -relating to the permit, license, grant or service. -.IP " 2." 4 -Emergency inspections may be authorized if the city manager or his -designated representative has reason to believe that a condition exists -which poses an immediate threat to life, health or safety. -Such procedure shall take place in accordance with applicable law. -.IP " 3." 4 -Where the city manager or other designated representative is otherwise -impeded or prevented by the owner, occupant or operator from conducting -an inspection of the premises, such person shall be in violation of this -section. -.LP -(Code 1999, § 1-203) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-204_Schedule_Of_Fees_And_Charges_Created" -A "\c" \ - -- "Sec 1-204 Schedule Of Fees And Charges Created" -\& -.IP " 1." 4 -There is hereby created a schedule of fees and charges, which shall -contain those fees and charges for the various licenses, permits and -other fees and charges as designated by the council. -Where a fee or charge is authorized to be collected by the city in any -ordinance, the amount of the fee or charge shall be set by resolution or -motion and entered into the schedule of fees and charges. -The schedule shall be kept on file in the office of the clerk, to whom -all fees and charges shall be paid unless otherwise provided. -A copy may be obtained upon payment of a fee as set forth in the -schedule of fees and charges. -.IP " 2." 4 -The schedule of fees and charges hereby created shall also be known and -may be cited as the fee schedule. -.LP -(Code 1999, § 1-205) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-205_Bonds,_Schedule_Created" -A "\c" \ - -- "Sec 1-205 Bonds, Schedule Created" -\& -.LP -There is hereby created a schedule of surety and other bonds required by -this Code which shall contain the amounts of those bonds as designated -by the council by resolution or motion. -The schedule shall be kept on file in the office of the clerk and may be -known and cited as the bond schedule. -.PP -(Code 1999, § 1-206) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-3_CORPORATE_AND_WARD_LIMITS" -A "\c" \ - -- "CHAPTER 1-3 CORPORATE AND WARD LIMITS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-301_Map_Of_The_City" -A "\c" \ - -- "Sec 1-301 Map Of The City" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-302_Ward_Boundaries" -A "\c" \ - -- "Sec 1-302 Ward Boundaries" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-301_Map_Of_The_City" -A "\c" \ - -- "Sec 1-301 Map Of The City" -\& -.LP -The map of the city showing its territorial limits, as maintained in the -office of the city clerk, is hereby designated as the official map of -the city, and the corporate limits as shown thereon, and as amended, are -declared to be the true and correct corporate limits of the city, -including all annexations made to the city through and including the -date of September 30, 1990. -.PP -(Prior Code, § 1-14; Code 1999, § 1-301) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-302_Ward_Boundaries" -A "\c" \ - -- "Sec 1-302 Ward Boundaries" -\& -.IP " 1." 4 -The three wards of the city shall consist of the following area, as -amended from time to time: -.RS 4 -.IP " 1." 4 -Ward One consists of all that land or area lying within the limits of -the city, and within the following described boundaries: the southwest -quarter of Section 28, the south half of Section 29, all of Sections 19 -and 30, the north half and the west half of the southeast quarter of -Section 31 , the north half, the southeast quarter, and the southeast -quarter of the southwest quarter of Section 32 , and the northwest -quarter of Section 33, all in Township 10 North, Range 2 West of the -Indian Meridian, Cleveland County, Oklahoma; and all of Section 13, all -of Section 14 lying south of Main Street and East of Broadway Street, -all of Section 23 lying east of Broadway Avenue, all of Sections 24 and -25, and 36, all in Township 10 North, Range 3 West of the Indian -Meridian, Cleveland County, Oklahoma. -.IP " 2." 4 -Ward Two consists of all that land or area lying within the limits of -the city, and within the following described boundaries: the west half -of the southeast quarter of Section 7, the southeast quarter of the -southeast quarter of Section 7, and all of Section 18, all in Township -10 North, Range 2 West of the Indian Meridian, Cleveland County, -Oklahoma; and the south half of Sections 1, 2 and 3, the southeast -quarter of Section 9, all of Sections 10, 11, and 12, the northeast -quarter of Section 16, that portion of Section 14 lying north of Main -Street and east of Interstate35 Street, all in Township 10 North, Range -3 West of the Indian Meridian, Cleveland County, Oklahoma. -.IP " 3." 4 -Ward Three consists of all that land or area lying within the limits of -the city, and within the following described boundaries: all of Section -14 lying south of Main Street and west of Broadway Avenue, , all of -Sections 15 and 22, all of Section 23 lying west of Broadway Avenue, all -of Sections 26 and 27, the east half of Section 28, the north half of -Section 34, and all of Section 35 lying west of Interstate 35, all in -Township 10 North, Range 3 West, of the Indian Meridian, Cleveland -County, Oklahoma. -.RE -.IP " 2." 4 -References to streets, avenues, highways, roads and rights-of-way in -subsection (A) of this section shall mean the centerlines thereof; and -reference to the boundary of the city limits shall mean the boundary or -limits of the city as it now exists or as it may hereafter exist. -.LP -(Prior Code, §§ 2-258, 2-259; Code 1999, § 1-302; Ord. -No. -13(92), 1-21-1992; Ord. -No. -347(02), 1-7-2002; Ord. -No. -708(11), 11-21-2011) -.PP -\f[B]State Law reference\f[R]\[em] Wards 11 O.S. -§ 20-101 et seq. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1000.22.pdf" -A "\c" \ - -- "1000.22" -\& on 3/7/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_2_ADMINISTRATION_AND_GOVERNMENT" -A "\c" \ - -- "PART 2 ADMINISTRATION AND GOVERNMENT" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-1_GOVERNMENT_ORGANIZATION" -A "\c" \ - -- "CHAPTER 2-1 GOVERNMENT ORGANIZATION" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-2_RETIREMENT_AND_PENSIONS" -A "\c" \ - -- "CHAPTER 2-2 RETIREMENT AND PENSIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-3_CITY_RECORDS_AND_PROPERTY" -A "\c" \ - -- "CHAPTER 2-3 CITY RECORDS AND PROPERTY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-4_CITY_BOARDS_AND_COMMISSIONS" -A "\c" \ - -- "CHAPTER 2-4 CITY BOARDS AND COMMISSIONS" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-1_GOVERNMENT_ORGANIZATION" -A "\c" \ - -- "CHAPTER 2-1 GOVERNMENT ORGANIZATION" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-101_Form_Of_Government" -A "\c" \ - -- "Sec 2-101 Form Of Government" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-102_Meetings_Of_The_Council" -A "\c" \ - -- "Sec 2-102 Meetings Of The Council" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-103_Citizen_Participation_In_Council_And_Public_Works_Meetings" -A "\c" \ - -- "Sec 2-103 Citizen Participation In Council And Public Works Meetings" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-104_Mayor's_Powers_And_Duties,_Vice-Mayor" -A "\c" \ - -- "Sec 2-104 Mayor\[aq]s Powers And Duties, Vice-Mayor" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-105_City_Manager_Appointment_By_Council;_Powers_And_Duties" -A "\c" \ - -- "Sec 2-105 City Manager Appointment By Council; Powers And Duties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-106_City_Clerk_Appointment;_Duties" -A "\c" \ - -- "Sec 2-106 City Clerk Appointment; Duties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-107_City_Treasurer_Appointment;_Duties" -A "\c" \ - -- "Sec 2-107 City Treasurer Appointment; Duties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-108_City_Attorney" -A "\c" \ - -- "Sec 2-108 City Attorney" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-109_Administrative_Departments,_Officers,_And_Agencies" -A "\c" \ - -- "Sec 2-109 Administrative Departments, Officers, And Agencies" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-110_Bonds_For_City_Officers_And_Employees" -A "\c" \ - -- "Sec 2-110 Bonds For City Officers And Employees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-111_Removal_Of_Officers_And_Employees" -A "\c" \ - -- "Sec 2-111 Removal Of Officers And Employees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-112_Compensation_Of_Officers_And_Employees" -A "\c" \ - -- "Sec 2-112 Compensation Of Officers And Employees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-113_Books_Delivered_To_Successor" -A "\c" \ - -- "Sec 2-113 Books Delivered To Successor" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-114_Conduct_Of_Hearings_For_City_Manager_Termination" -A "\c" \ - -- "Sec 2-114 Conduct Of Hearings For City Manager Termination" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-115_Risk_Management_Program" -A "\c" \ - -- "Sec 2-115 Risk Management Program" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-116_Personnel_Regulations" -A "\c" \ - -- "Sec 2-116 Personnel Regulations" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-101_Form_Of_Government" -A "\c" \ - -- "Sec 2-101 Form Of Government" -\& -.LP -The city is governed under the council-manager form of government. -All powers of the city shall be exercised in the manner prescribed by -the city Charter, by this Code, by state statute and in such manner -prescribed by ordinances adopted by the city council, only if not in -conflict with the city Charter. -.PP -(Code 1999, § 2-101) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-102_Meetings_Of_The_Council" -A "\c" \ - -- "Sec 2-102 Meetings Of The Council" -\& -.IP " 1." 4 -Regular meetings of the city council shall be held at 6:30 p.m. -on the first and third Monday of each month unless the Monday is a -holiday or a day formally recognized as a holiday by the city council. -Meetings that fall on a Monday which are a formal holiday shall be held -on the next business day thereafter, at the same times and specified -location. -.RS 4 -.IP " 1." 4 -No regular meeting of the city council shall continue past 10:00 p.m. -unless extended by a majority vote of the city council pursuant to the -guidelines set forth below. -Under no circumstances shall a regular meeting of the city council -extend past 12:00 midnight. -.IP " 2." 4 -Regular scheduled meetings of the city council may be continued past -10:00 p.m. -by majority vote of the city council under the following provisions: -.RS 4 -.IP " 1." 4 -To ensure that the city meets its financial obligations council may -extend a meeting to consider items on the \[dq]claims list\[dq] and -consent docket; -.IP " 2." 4 -A regularly scheduled meeting may be extended past 10:00 p.m. -to allow the city council to consider any agenda item which is of -critical importance to the operation of municipal government or is an -item which significantly affects the health, safety, and welfare of the -community. -To enable the city council to efficiently and properly conclude its -business after 10:00 p.m. -the council should consider only those items which are necessary, or -those items sponsored or requested by private individuals; -.IP " 3." 4 -Regular meetings of the city council which extend beyond the 10:00 p.m. -curfew may be recessed and reconvened to a date and time certain. -The recessed meeting should be reconvened within seven days following -the suspended meeting. -Only matters appearing on the agenda of the meeting which is continued -may be discussed at the reconvened meeting; -.IP " 4." 4 -Nothing in this policy shall prevent council from exercising other -aspects of Robert\[aq]s Rules of Order or any council policies or -procedures that may hereinafter be enacted in conducting its business. -(For example, council may vote to table any number of agenda items to -the following regularly scheduled meeting instead of having to hold a -reconvened or recessed meeting.) -.RE -.RE -.IP " 2." 4 -The mayor with the assistance of the city manager and city staff shall, -no later than five days prior to each regular council meeting of the -city council, prepare and deliver to each councilmember\[aq]s home -address, an agenda comprised of matters to be presented to, considered -by, discussed or resolved at or acted upon by the council at its next -regular meeting, and shall include thereon all matters of city business -to come before the council. -No matter shall be presented to or discussed at any meeting of the -council except matters so placed on the agenda and matters so -necessarily concerned or directly connected therewith. -Provided, an entirely new matter may be so presented, discussed and -acted upon in accordance with the provisions of the Oklahoma Open -Meeting Act (25 O.S. -§ 301 et seq.). -No claim shall be acted upon or allowed by the council unless it has -been listed within the agenda delivered to the council as prescribed -herein. -Payment of emergency claims, not included in the agenda, may be -submitted and paid upon six affirmative votes or a three-quarter -majority of the councilmembers present. -.IP " 3." 4 -The council may meet in executive or closed session as authorized by the -Oklahoma Open Meeting Act (25 O.S. -§ 301 et seq.). -.LP -(Prior Code, §§ 2-16\[em]2-19; Code 1999, § 2-102; Ord. -No. -56(93), 7-6-1993; Ord. -No. -94(94), 9-19-1994; Ord. -No. -107(94), 12-19-1994; Ord. -No. -126(95), 6-5-1995; Ord. -No. -132(95), 10-2-1995) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-103_Citizen_Participation_In_Council_And_Public_Works_Meetings" -A "\c" \ - -- "Sec 2-103 Citizen Participation In Council And Public Works Meetings" -\& -.IP " 1." 4 -It is the policy of the city that participation of residents of the city -and other interested persons be encouraged in the meetings of the city -council. -The rights of freedom of speech and to petition the city\[aq]s governing -bodies for redress of grievances shall not be abridged, and no -regulation of time, place or manner of such participation shall be -construed to regulate speech on the basis of content. -.IP " 2." 4 -There shall be no restriction on the rights of residents of the city to -verbally address the city council, nor upon the legal representatives of -such residents, except as follows: -.RS 4 -.IP " 1." 4 -Any resident or legal representative may speak on any agenda item or -upon any proper item of discussion permitted by the Oklahoma Open -Meeting Act for five minutes only. -The city council may call for the pending question with a two-thirds -majority of all members present and voting. -The city council may vote by a simple majority of all members present -and voting to end an item set for discussion only, in the event that the -city council determines that any further discussion would be cumulative; -.IP " 2." 4 -Nonresidents of the city and their legal representatives may speak for -five minutes only on any agenda item or upon any proper item of -discussion in which they are directly interested, or upon which proposed -action or discussion they would or may experience a legally recognized -harm, subject to the limitations on debate/discussion set forth in -subsection (B)(1) of this section; -.IP " 3." 4 -Time spent by councilmen who verbally respond to resident or nonresident -participants under this section shall not count against the five-minute -time limit; -.IP " 4." 4 -During new matters, emergency matters and discussion only items, the -five-minute time shall apply regardless of the number of issues the -speaker wishes to address. -Speaking time may not be loaned or shared; -.IP " 5." 4 -The city council, by a majority vote, may permit additional discussion -by technical experts, consultants and professionals who are in favor of -or opposed to any proposed action by the city council upon terms that -are neutral and which are in furtherance of open debate; -.IP " 6." 4 -Those who wish to be heard at city council meetings shall fill out a -\[dq]Request to be Heard\[dq] form for each agenda item to be discussed -or commented upon. -The form is to be adopted by order of the city manager or by resolution, -giving name, address and the agenda item the person wishes to comment -on. -Completed forms will be given to the city clerk or the assistant or -deputy thereof, prior to the beginning of each meeting. -Blank forms, sufficient in number, shall be available inside the city -council chambers prior to each meeting; -.IP " 7." 4 -Any person shall be permitted to submit written materials or documents -to the city council; -.IP " 8." 4 -This subsection (B) shall not apply to those officers, agents, servants -or employees of the city or the public works authority who have been -requested by the city manager, mayor or city council to speak on a -specific agenda item. -.RE -.IP " 3." 4 -No person, whether a city resident, nonresident, a legal representative -or otherwise, may, alone or in concert with others, willfully disturb, -disrupt or interfere with any meeting of the city council or the public -works authority by: -.RS 4 -.IP " 1." 4 -Engaging in violent, tumultuous or threatening behavior; -.IP " 2." 4 -Using abusive or obscene language or making an obscene gesture; -.IP " 3." 4 -Failure to yield the floor or podium when the speaker is requested to do -so by the presiding officer of the meeting pursuant to a lawful order, -such as in cases when the speaker\[aq]s time is expired, or the question -successfully called for the requisite number of councilmen; or -.IP " 4." 4 -Failure to state, when requested by the presiding officer of the -meeting, the speaker\[aq]s own name and address for the record of the -meeting. -.RE -.IP " 4." 4 -A digest stating in laymen\[aq]s terms the requirements for -participation in city council meetings shall be available to the public -prior to each city council meeting. -.IP " 5." 4 -Violation of this section shall be an offense, punishable as provided in -section 1-108. -.IP " 6." 4 -The provisions of this section shall be enforced by the senior city law -enforcement officer present at the meeting, including the public works -authority, with or without the direction of the presiding officer. -.LP -(Code 1999, § 2-103; Ord. -No. -450, 6-20-1988; Ord. -No. -55(93), 6-21-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-104_Mayor's_Powers_And_Duties,_Vice-Mayor" -A "\c" \ - -- "Sec 2-104 Mayor\[aq]s Powers And Duties, Vice-Mayor" -\& -.LP -The mayor and vice-mayor shall have all the powers and duties prescribed -by the Charter, and state law, and as may be prescribed by ordinance -only if not in conflict with the Charter. -.PP -(Prior Code, §§ 2-51, 2-53, in part; Code 1999, § 2-104) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-105_City_Manager_Appointment_By_Council;_Powers_And_Duties" -A "\c" \ - -- "Sec 2-105 City Manager Appointment By Council; Powers And Duties" -\& -.LP -The city manager shall be appointed by the city council and shall be the -administrative officer and head the administrative branch of the city -government and shall exercise the powers and duties granted him by the -city Charter. -.PP -(Code 1999, § 2-105) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-106_City_Clerk_Appointment;_Duties" -A "\c" \ - -- "Sec 2-106 City Clerk Appointment; Duties" -\& -.IP " 1." 4 -The city clerk shall have the custody of the records, books and papers -of the city and shall perform all other duties pertaining to the office -as required by law. -.IP " 2." 4 -The clerk shall keep and preserve in his office the corporate seal of -the city, all records and public papers and documents of the city, not -belonging to any other officer. -He shall perform such other duties as may be imposed upon him by -ordinance or law. -.IP " 3." 4 -The city manager, or the city clerk when empowered by the city manager, -may designate some person as deputy clerk of the city and shall -prescribe the duties of such deputy clerk from time to time. -The deputy clerk shall perform all of the duties of the city clerk upon -the death, disability or resignation or illness of the clerk. -Such deputy clerk shall perform the duties only until the selection of a -successor to the clerk, or until return or recovery of the clerk. -The deputy clerk shall render such aid and assistance and perform such -duties in the conduct of the clerk\[aq]s office as may be required by -the clerk. -The deputy clerk shall take and subscribe to the oath and in all -respects qualify for such office in the same manner as the city clerk. -.LP -(Prior Code, §§ 2-81, 2-82, 2-85; Code 1999, § 2-106) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-107_City_Treasurer_Appointment;_Duties" -A "\c" \ - -- "Sec 2-107 City Treasurer Appointment; Duties" -\& -.IP " 1." 4 -The city treasurer shall receive all monies due the city from any and -all sources, except as are received by other officers and by them paid -to the city treasurer, and pay out the same on order of the city -council, drawn, signed and attested in accordance with law. -.IP " 2." 4 -The treasurer shall keep his records in accordance with an accounting -system acceptable for governmental accounting and financial -recordkeeping. -.IP " 3." 4 -The treasurer shall deposit daily all funds coming into his hands for -the city in such depositories as the council may designate; and shall -disburse such funds in the manner provided by applicable laws or -ordinances. -He shall have such other powers, duties and functions as may be -prescribed by the Charter, by applicable law or by ordinance. -.LP -(Prior Code, §§ 2-106\[em]2-108, in part; Code 1999, § 2-107) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-108_City_Attorney" -A "\c" \ - -- "Sec 2-108 City Attorney" -\& -.IP " 1." 4 -The office of city attorney is created. -The attorney shall be a person licensed to practice law in the state, -appointed by the city manager. -.IP " 2." 4 -The city attorney shall advise the council and all city officers in the -performance of their duties. -He is authorized to appear, prosecute and defend all actions where the -city is a part. -He shall perform such other professional services as may be required of -him by the city manager or council, for such compensation as shall be -fixed by the city manager. -.IP " 3." 4 -The city attorney shall be entitled to engage in the private practice of -law to the extent that the same does not interfere with or conflict with -his duties as city attorney. -The attorney may be retained on a part-time or consulting basis as the -city manager determines. -.LP -(Prior Code, §§ 2-71\[em]2-73; Code 1999, § 2-108) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-109_Administrative_Departments,_Officers,_And_Agencies" -A "\c" \ - -- "Sec 2-109 Administrative Departments, Officers, And Agencies" -\& -.LP -There shall be such administrative departments, officers, and agencies -as the council may establish. -.PP -(Code 1999, § 2-109) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-110_Bonds_For_City_Officers_And_Employees" -A "\c" \ - -- "Sec 2-110 Bonds For City Officers And Employees" -\& -.LP -The city manager, the clerk, the treasurer, the alternate treasurer and -such officers and employees as are designated by the city council shall, -before entering upon the discharge of their duties, execute and file -with the city clerk surety bonds issued by a surety company authorized -to operate in the state conditioned upon the faithful performance of -their duties. -The city shall pay the premium on such bonds. -.PP -(Prior Code, §§ 2-36, 18-18; Code 1999, § 2-110) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-111_Removal_Of_Officers_And_Employees" -A "\c" \ - -- "Sec 2-111 Removal Of Officers And Employees" -\& -.LP -Except in the case of the municipal judge, the power to lay off, -suspend, demote and remove accompanies the power to appoint or elect. -The city manager, the council or other appointing or electing authority -at any time may lay off, suspend, demote or remove any officer or -employee to whom he, the council or the other appointing or electing -authority respectively may appoint or elect a successor. -.PP -(Prior Code, § 2-37; Code 1999, § 2-111) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-112_Compensation_Of_Officers_And_Employees" -A "\c" \ - -- "Sec 2-112 Compensation Of Officers And Employees" -\& -.LP -Compensation of officers and permanent employees of the city shall be -paid on the basis of annual salaries, on a schedule as specified by the -city council. -The compensation of the city manager shall be established by the city -council. -.PP -(Prior Code, § 2-38; Code 1999, § 2-112) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-113_Books_Delivered_To_Successor" -A "\c" \ - -- "Sec 2-113 Books Delivered To Successor" -\& -.LP -All books, vouchers, monies or other property belonging to the -corporation in charge or possession of any officer of the same shall be -delivered to his successor when qualified. -.PP -(Prior Code, § 2-39; Code 1999, § 2-113) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-114_Conduct_Of_Hearings_For_City_Manager_Termination" -A "\c" \ - -- "Sec 2-114 Conduct Of Hearings For City Manager Termination" -\& -.IP " 1." 5 -This section applies to the procedures to be followed at the public -hearing afforded by section 3-1 of the city Charter. -.IP " 2." 5 -The municipal judge shall appear at the public hearing and preside at -the hearing. -He shall make all rulings regarding the admission of evidence and on -procedures and other rulings which he may deem reasonable and necessary -to conduct a fair public hearing. -He shall see that the city manager and the city council are afforded -procedural due process and to do all things necessary to conduct the -public hearing in a proper and orderly fashion. -.IP " 3." 5 -The municipal judge is hereby directed to employ an official court -reporter to appear at the public hearing and to administer the oath to -witnesses, take custody of exhibits and to report the entire public -hearing and to do all things necessary to preserve the entire public -hearing record. -.IP " 4." 5 -The city attorney or some other attorney that may be selected by a -majority of the city councilmen shall appear at the public hearing to -present evidence to support the reason as given for the termination of -the city manager at the public hearing. -.IP " 5." 5 -The city clerk shall issue all subpoenas for the compulsory attendance -of witnesses and the production of exhibits required by the city manager -or the attorney selected by the city council to present evidence of the -reasons to terminate the city manager. -The city clerk shall also appear and keep minutes of the public hearing. -.IP " 6." 5 -The chief of police of the city or a police officer of the department -chosen by the city manager or chosen by the attorney for either side and -at least two members of the city council shall, only after the receipt -of a request for a public hearing from the city manager, investigate any -and all matters or information that may be requested. -The requested information must clearly be relevant evidence and must -relate to a reason for termination. -Any information secured during the investigation shall not be released -except at the public hearing, but shall be released only to the party -requesting the investigation. -.IP " 7." 5 -The public hearing shall commence and be held at all times in the city -council chambers of the city or at such other place as may be determined -by the council, but may only be held within the corporate limits of the -city. -.IP " 8." 5 -The evidence to support the reasons to terminate the city manager shall -first be introduced. -The city manager may then present his evidence. -Each attorney may cross examine the other witnesses and both sides shall -have the right of rebuttal. -Any members of the city council may examine any offered exhibit or any -witness at any time and may present any relevant evidence that he may -have. -.IP " 9." 5 -The city manager shall file his request for a public hearing with the -city clerk and forward a copy thereof, along with the reasons for -termination, to the city attorney and mayor. -After receiving the request for public hearing, the mayor shall cause -the public hearing to commence within 20 days after receipt of the -request for public hearing. -The public hearing shall conclude within 30 days after the date of -commencement, unless extended by agreement of the parties. -At the public hearing, the rules of evidence used in administrative -hearings shall be used and adhered to and all procedures shall afford -both the council and the city manager a fair hearing and proper -procedural due process. -.IP " 10." 5 -City employees shall receive additional compensation for any overtime or -for extra duties not regularly performed as may be required at or in -preparation of the public hearing herein. -.IP " 11." 5 -At the conclusion of the public hearing, the council shall decide and -determine if the city manager shall be retained, terminated or -suspended. -No finding of facts, conclusions of law or any written reports, orders -or decision shall be filed. -.LP -(Code 1999, § 2-114; Ord. -No. -409, 7-21-1986) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-115_Risk_Management_Program" -A "\c" \ - -- "Sec 2-115 Risk Management Program" -\& -.IP " 1." 4 -There is hereby established a risk management and risk reduction program -to be implemented by the city risk management board (\[dq]board\[dq]), -which board is established for this purpose by the public works -authority. -It is the policy of the city to provide for comprehensive risk -management and risk reduction through a self-insurance plan administered -by the board on behalf of the public works authority. -The city council explicitly delegates to the board the obligation to -defend city employees pursuant to the Governmental Tort Claims Act (51 -O.S. -§ 151 et seq.). -.IP " 2." 4 -All officers and employees of the city are hereby authorized to accept -appointments to, and to cooperate with, the board. -Such participation or cooperation shall be as provided for in the rules, -regulations or bylaws pertaining to the board insofar as such -participation or cooperation is not inconsistent with obligations -arising under this Code or city Charter. -.IP " 3." 4 -In addition to the delegation of certain duties of the city arising -under the Governmental Tort Claims Act (51 O.S. -§ 151 et seq.), the officers and employees of the city may be provided, -and may participate in, such other self-insurance programs which may be -established form time to time by the board, including, but not limited -to, medical, dental, vision, property, workers\[aq] compensation, -retirement, or disability coverages. -The city and the board may pay all or a portion of the costs for the -risk management and risk reduction program in accordance with the -applicable provisions of this Code as well as state and federal law. -In accordance with the requirements of the risk management and risk -reduction program the city, the public works authority or the board may -pay a portion or all of the costs of the risk management and risk -reduction program from any fund, and may deduct from the wages or salary -of any such officer or employee upon written authority signed by such -officer or employee for the payment of costs required under the program. -.IP " 4." 4 -To the extent that the board enacts and implements programs, rules, -regulations or bylaws which are inconsistent with the personnel rules of -the city with respect to workers\[aq] compensation, safety -administration or accident review, such duties and responsibilities -shall be deemed to be delegated to the board directly in connection with -the board\[aq]s responsibility for the administration of such coverages -and risk management concerns. -Any personnel rule inconsistent with a rule, regulation or bylaw of the -board shall be deemed to be amended to delete inconsistent provisions as -of the effective date of the action of the board. -.LP -(Code 1999, § 2-115; Ord. -No. -466, 10-3-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-116_Personnel_Regulations" -A "\c" \ - -- "Sec 2-116 Personnel Regulations" -\& -.LP -The city council may adopt personnel rules and regulations and position -classification and pay plan and amend them from time to time. -A copy of the current city personnel rules and regulations and -classification and pay plan are on file in the office of the city clerk. -.PP -(Code 1999, § 2-116) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-2_RETIREMENT_AND_PENSIONS" -A "\c" \ - -- "CHAPTER 2-2 RETIREMENT AND PENSIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2A_SOCIAL_SECURITY" -A "\c" \ - -- "ARTICLE 2-2A SOCIAL SECURITY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2B_FIREFIGHTERS_PENSION_AND_RETIREMENT_SYSTEM" -A "\c" \ - -- "ARTICLE 2-2B FIREFIGHTERS PENSION AND RETIREMENT SYSTEM" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2C_POLICE_PENSION_AND_RETIREMENT_SYSTEM" -A "\c" \ - -- "ARTICLE 2-2C POLICE PENSION AND RETIREMENT SYSTEM" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2D_EMPLOYEES_RETIREMENT_SYSTEM" -A "\c" \ - -- "ARTICLE 2-2D EMPLOYEES RETIREMENT SYSTEM" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2A_SOCIAL_SECURITY" -A "\c" \ - -- "ARTICLE 2-2A SOCIAL SECURITY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-201_City_Officers_And_Employees_Under_Federal_Social_Security" -A "\c" \ - -- "Sec 2-201 City Officers And Employees Under Federal Social Security" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-201_City_Officers_And_Employees_Under_Federal_Social_Security" -A "\c" \ - -- "Sec 2-201 City Officers And Employees Under Federal Social Security" -\& -.IP " 1." 4 -It is hereby declared to be the policy of the city to extend, at the -earliest date, to the employees and officials thereof, not excluded by -law or this section, and whether employed in connection with a -governmental or proprietary function, the benefits of the system of -federal old-age and survivors insurance as authorized by the federal -Social Security Act, and amendments thereto. -In pursuance of this policy, the city shall take such action as may be -required by applicable state or federal laws or regulations. -.IP " 2." 4 -The mayor is hereby authorized and directed to execute all necessary -agreements and amendments thereto with the state department of human -services as agent or agency, to secure coverage of employees and -officials as provided in subsection (A) of this section. -.IP " 3." 4 -Withholdings from salaries or wages of employees and officials for the -purpose provided in subsection (A) of this section are hereby authorized -to be made in the amounts and at such times as may be required by -applicable state or federal laws or regulations, and shall be paid over -to the state or federal agency designated by the laws or regulations. -.IP " 4." 4 -There shall be appropriated from available funds such amounts at such -times as may be required by applicable state or federal laws or -regulations for employer\[aq]s contributions, which shall be paid over -to the state or federal agency designated by said laws or regulations. -.IP " 5." 4 -The city shall keep such records and make such reports as may be -required by applicable state or federal laws or regulations. -.IP " 6." 4 -There is hereby excluded from this section any authority to make any -agreement with respect to any position or any employee or official now -covered or authorized to be covered by any other ordinance creating any -retirement system for any employee or official of the city. -.IP " 7." 4 -There is hereby excluded from this section any authority to make an -agreement with respect to any position or any employee or official, -compensation for which is on a fee basis, or any position or any -employee or official not authorized to be covered by applicable state or -federal laws or regulations. -.LP -(Prior Code, §§ 2-176\[em]2-181; Code 1999, § 2-201) -.PP -\f[B]State Law reference\f[R]\[em] Social security for public officers -and employees, 51 O.S. -§ 121 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2B_FIREFIGHTERS_PENSION_AND_RETIREMENT_SYSTEM" -A "\c" \ - -- "ARTICLE 2-2B FIREFIGHTERS PENSION AND RETIREMENT SYSTEM" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-211_System_Created" -A "\c" \ - -- "Sec 2-211 System Created" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-212_System_To_Be_Operated_In_Accordance_With_Law" -A "\c" \ - -- "Sec 2-212 System To Be Operated In Accordance With Law" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-211_System_Created" -A "\c" \ - -- "Sec 2-211 System Created" -\& -.LP -There is hereby created, for the purpose of providing pension retirement -allowance and other benefits for firefighters of the city, a -firefighters pension and retirement system. -It is declared to be the official policy of the city to participate in -the pension system as provided by state law. -.PP -(Prior Code, § 9-36; Code 1999, § 2-211) -.PP -\f[B]State Law reference\f[R]\[em] Firefighter\[aq]s pension system, 11 -O.S. -§ 49-101 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-212_System_To_Be_Operated_In_Accordance_With_Law" -A "\c" \ - -- "Sec 2-212 System To Be Operated In Accordance With Law" -\& -.IP " 1." 4 -The firefighters pension and retirement system as established by 11 O.S. -§ 49-100.1 et seq., is hereby adopted by reference. -.IP " 2." 4 -The local board of trustees of the firefighters pension and retirement -system, servicing the firefighters of the city, shall be constituted as -provided by state law and shall have the powers and duties prescribed -thereby. -.LP -(Prior Code, § 9-36, in part; Code 1999, § 2-212) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2C_POLICE_PENSION_AND_RETIREMENT_SYSTEM" -A "\c" \ - -- "ARTICLE 2-2C POLICE PENSION AND RETIREMENT SYSTEM" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-221_System_Created" -A "\c" \ - -- "Sec 2-221 System Created" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-222_System_To_Be_Operated_In_Accordance_With_Law" -A "\c" \ - -- "Sec 2-222 System To Be Operated In Accordance With Law" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-221_System_Created" -A "\c" \ - -- "Sec 2-221 System Created" -\& -.LP -There is hereby created, for the purpose of providing pension retirement -allowance and other benefits for police officers of the city, a police -pension and retirement system. -It is declared to be the official policy of the city to participate in -the pension system as provided by state law. -.PP -(Prior Code, §§ 18-26\[em]18-33, in part; Code 1999, § 2-221) -.PP -\f[B]State Law reference\f[R]\[em] Police pension system, 11 O.S. -§ 50-100.1 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-222_System_To_Be_Operated_In_Accordance_With_Law" -A "\c" \ - -- "Sec 2-222 System To Be Operated In Accordance With Law" -\& -.IP " 1." 4 -The police pension and retirement system as established by 11 O.S. -§ 50-100.1 et seq., is hereby adopted by reference. -.IP " 2." 4 -The local board of trustees of the police pension and retirement system, -servicing the police officers of the city, shall be constituted as -provided by state law and shall have the powers and duties prescribed -thereby. -.LP -(Prior Code, §§ 18-26\[em]18-37; Code 1999, § 2-222) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2D_EMPLOYEES_RETIREMENT_SYSTEM" -A "\c" \ - -- "ARTICLE 2-2D EMPLOYEES RETIREMENT SYSTEM" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-231_Definitions" -A "\c" \ - -- "Sec 2-231 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-232_Established;_Effective_Date" -A "\c" \ - -- "Sec 2-232 Established; Effective Date" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-233_Execution_And_Ratification_Of_System_Instrument" -A "\c" \ - -- "Sec 2-233 Execution And Ratification Of System Instrument" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-234_Board_Of_Trustees" -A "\c" \ - -- "Sec 2-234 Board Of Trustees" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-231_Definitions" -A "\c" \ - -- "Sec 2-231 Definitions" -\& -.LP -The following words, terms and phrases, when used in this article, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]System\f[R] means the employees retirement system established by -this article. -.PP -\f[I]System instrument\f[R] means Exhibit A, as attached to the -ordinances adopting and amending and referred to in this article. -.PP -(Code 1999, § 2-231) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-232_Established;_Effective_Date" -A "\c" \ - -- "Sec 2-232 Established; Effective Date" -\& -.LP -For the purpose of encouraging continuity and meritorious service on the -part of city employees and thereby promoting public efficiency, there is -hereby authorized, created, established, approved and adopted, effective -upon the date established by the city council, the funded pension plan -designated \[dq]Municipal Employees Retirement System of the City of -Moore, Oklahoma,\[dq] and all amendments thereto, an executed -counterpart of which is marked \[dq]Exhibit A\[dq] and attached to and -made a part of the ordinances adopting the system, and all amendatory -ordinances, on file in the office of the city clerk. -.PP -(Code 1999, § 2-232) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-233_Execution_And_Ratification_Of_System_Instrument" -A "\c" \ - -- "Sec 2-233 Execution And Ratification Of System Instrument" -\& -.LP -The mayor and city clerk are hereby authorized and directed to execute -(in counterparts, each of which shall constitute an original) the system -instrument, and to do all other acts and things necessary, advisable and -proper to put the system and related trust into full force and effect, -and to make such changes therein as may be necessary to qualify the same -under sections 401(a) and 501(a) of the Internal Revenue Code of the -United States. -The counterpart attached to the ordinances adopting the system as -Exhibit A, and duly executed as aforesaid simultaneously with the -passage of the ordinances, is hereby ratified and confirmed in all -respects. -.PP -(Code 1999, § 2-233) -.PP -\f[B]State Law reference\f[R]\[em] Municipal employee retirement system, -11 O.S. -§ 48-101 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-234_Board_Of_Trustees" -A "\c" \ - -- "Sec 2-234 Board Of Trustees" -\& -.LP -For the purpose of administration of the system there is hereby -established a board of trustees, which shall be the members of the city -council as now existing or as from time to time duly elected or -appointed and constituted. -The powers and duties of the board of trustees shall be as set forth in -the system instrument. -.PP -(Code 1999, § 2-234) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-3_CITY_RECORDS_AND_PROPERTY" -A "\c" \ - -- "CHAPTER 2-3 CITY RECORDS AND PROPERTY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3A_ACCESS_TO_CITY_RECORDS" -A "\c" \ - -- "ARTICLE 2-3A ACCESS TO CITY RECORDS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3B_USE_OF_CITY_PROPERTY" -A "\c" \ - -- "ARTICLE 2-3B USE OF CITY PROPERTY" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3A_ACCESS_TO_CITY_RECORDS" -A "\c" \ - -- "ARTICLE 2-3A ACCESS TO CITY RECORDS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-301_Appointment_Of_Official_Custodians" -A "\c" \ - -- "Sec 2-301 Appointment Of Official Custodians" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-302_Designation_Of_Additional_Record_Custodians" -A "\c" \ - -- "Sec 2-302 Designation Of Additional Record Custodians" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-303_Duties_Of_Custodians" -A "\c" \ - -- "Sec 2-303 Duties Of Custodians" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-304_Requests_To_Be_Directed_To_Custodians" -A "\c" \ - -- "Sec 2-304 Requests To Be Directed To Custodians" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-305_Procedures_Regarding_Both_Inspection_And_Copying_Of_Open_Public_Records" -A "\c" \ - -- "Sec 2-305 Procedures Regarding Both Inspection And Copying Of Open Public Records" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-306_Procedures_Regarding_Inspection_Of_Open_Public_Records" -A "\c" \ - -- "Sec 2-306 Procedures Regarding Inspection Of Open Public Records" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-307_Procedures_Regarding_Copies_Of_Open_Public_Records" -A "\c" \ - -- "Sec 2-307 Procedures Regarding Copies Of Open Public Records" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-308_No_Fee_For_Inspection" -A "\c" \ - -- "Sec 2-308 No Fee For Inspection" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-309_Copying_Fee" -A "\c" \ - -- "Sec 2-309 Copying Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-310_Fee_For_Mechanical_Reproduction" -A "\c" \ - -- "Sec 2-310 Fee For Mechanical Reproduction" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-311_Search_Fee" -A "\c" \ - -- "Sec 2-311 Search Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-312_Prepayment_Of_Fees" -A "\c" \ - -- "Sec 2-312 Prepayment Of Fees" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-301_Appointment_Of_Official_Custodians" -A "\c" \ - -- "Sec 2-301 Appointment Of Official Custodians" -\& -.LP -The following city official is hereby appointed as official custodian -for purposes of the Oklahoma Open Records Act and is charged with -responsibility for compliance with that Act with respect to the -following listed public records: -.PP -City clerk: All public records kept and maintained in the city -clerk\[aq]s office and all other public records not provided for -elsewhere in this chapter. -.PP -(Code 1999, § 2-301) -.PP -\f[B]State Law reference\f[R]\[em] Open Records Act, 51 O.S. -§ 24A.1 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-302_Designation_Of_Additional_Record_Custodians" -A "\c" \ - -- "Sec 2-302 Designation Of Additional Record Custodians" -\& -.IP " 1." 4 -Each of the official custodians appointed in section 2-301 is hereby -authorized to designate any subordinate officers or employees to serve -as record custodian. -The record custodians shall have such duties and powers as are set out -in the Oklahoma Open Records Act (51 O.S. -§ 24A.1 et seq.). -.IP " 2." 4 -Whenever an official custodian shall appoint another person as a record -custodian, he shall notify the city clerk of such designation and the -city clerk shall maintain a register of all such designations. -.LP -(Code 1999, § 2-302) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-303_Duties_Of_Custodians" -A "\c" \ - -- "Sec 2-303 Duties Of Custodians" -\& -.LP -All city officials and employees appointed or designated under this -article shall protect public records from damage and disorganization; -prevent excessive disruption of the essential functions of the city; -provide assistance and information upon request; ensure efficient and -timely action and response to all applications for inspection of public -records; and carry out the procedures adopted by the city for inspecting -and copying open public records. -.PP -(Code 1999, § 2-303) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-304_Requests_To_Be_Directed_To_Custodians" -A "\c" \ - -- "Sec 2-304 Requests To Be Directed To Custodians" -\& -.IP " 1." 4 -All members of the public, in seeking access to, or copies of, a public -record in accordance with the provisions of the Oklahoma Open Records -Act, shall address their requests to the custodian charged with -responsibility for the maintenance of the record sought to be inspected -or copied. -.IP " 2." 4 -Whenever any city official or employee appointed or designated as a -custodian under this article is presented with a request for access to, -or copy of, a public record which record the custodian does not have in -his possession and which he has not been given responsibility to keep -and maintain, the custodian shall so advise the person requesting the -record. -The person making the request shall be informed as to which custodian -the request should be addressed to, if such is known by the custodian -receiving the request. -.LP -(Code 1999, § 2-304) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-305_Procedures_Regarding_Both_Inspection_And_Copying_Of_Open_Public_Records" -A "\c" \ - -- "Sec 2-305 Procedures Regarding Both Inspection And Copying Of Open Public Records" -\& -.LP -The following procedures are hereby adopted and shall be applied by each -official custodian and record custodian: -.IP " 1." 5 -Consistent with the policy, duties and procedures established by the -Oklahoma Open Records Act, record custodians shall provide full access -and assistance in a timely and efficient manner to persons who request -access to open public records; -.IP " 2." 5 -Record custodians shall protect the integrity and organization of public -records with respect to the manner in which such records are inspected -and copied; -.IP " 3." 5 -Record custodians may prevent excessive disruptions of essential -functions and provide the record at the earliest possible time; -.IP " 4." 5 -All inspections and copying of open public records shall be performed -by, or under the supervision of, the record custodian responsible for -such records; -.IP " 5." 5 -All persons requesting the inspection of or a copy of open public -records shall make such request in writing prior to the request being -honored, except that no form shall be required for requests made for -records which have been reproduced for free public distribution; -.IP " 6." 5 -All record inspection and copying forms are to be completed by the -person requesting the record. -The record custodian may demand reasonable identification of any person -requesting a record; -.IP " 7." 5 -Any fees for record inspection or for copies are due at the time the -records, or copies thereof, are provided to the requester, unless the -record custodian has demanded that prepayment of all or part of such -fees be made. -Fees are to be paid to the record custodian or city clerk; -.IP " 8." 5 -The record custodian or city clerk shall demand full or partial -prepayment of fees whenever the estimate for such fees exceeds the -amount set out in section 2-312; -.IP " 9." 5 -No record search or copying fee shall be assessed against officers or -employees of the city who make requests which are reasonably necessary -to the performance of their official duties; -.IP " 10." 5 -Hours for making requests for inspection or copying shall be all regular -working hours for each day the office maintains regular office hours; -.IP " 11." 5 -Removal of open public records from the office where kept and -maintained, for purposes of inspection or the making of copies, shall -not be permitted; and -.IP " 12." 5 -The above procedures, as well as any other inspection and copying -procedures, shall be posted in a conspicuous place in the office of the -record custodian. -.LP -(Code 1999, § 2-305) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-306_Procedures_Regarding_Inspection_Of_Open_Public_Records" -A "\c" \ - -- "Sec 2-306 Procedures Regarding Inspection Of Open Public Records" -\& -.LP -The following procedures are hereby adopted and shall be applied by -every official custodian and record custodian: -.IP " 1." 4 -Record custodians shall handle all inspection requests in accordance -with their duties to protect and preserve public records and to assist -persons requesting inspection of open public records; -.IP " 2." 4 -All request forms must be completed by the party requesting the record. -In all cases, the party so requesting must sign his individual name to -the form. -Written requests shall be made on the form provided by the record -custodian and presented to the record custodian; -.IP " 3." 4 -A written request is sufficient if it reasonably describes the record -sought. -In instances where the requester cannot provide sufficient information -to identify a record, the custodian shall assist in making such -identification; and -.IP " 4." 4 -The record custodian shall, upon making a denial of an inspection -request, forward a copy of the denial to the city manager. -.LP -(Code 1999, § 2-306) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-307_Procedures_Regarding_Copies_Of_Open_Public_Records" -A "\c" \ - -- "Sec 2-307 Procedures Regarding Copies Of Open Public Records" -\& -.LP -The following procedures apply regarding copies of records: -.IP " 1." 4 -Record custodians shall handle all copy requests in accordance with -their duties to protect and preserve public records and to assist -persons requesting copies of open public records; -.IP " 2." 4 -All request forms must be completed by the party requesting the copies. -In all cases, the party so requesting must sign his individual name to -the form. -Written requests shall be made on the form provided by the record -custodian; -.IP " 3." 4 -Mechanical reproduction of a record shall not be undertaken when it is -the judgment of the record custodian that any available means of -mechanically reproducing the subject record is likely to cause damage to -such records; and -.IP " 4." 4 -No copy fee shall be assessed when multiple copies of the record -requested have been prepared for free public distribution, or when the -record custodian determines that the cost of charging and handling the -fee exceeds the cost of providing a copy without charge. -.LP -(Code 1999, § 2-307) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-308_No_Fee_For_Inspection" -A "\c" \ - -- "Sec 2-308 No Fee For Inspection" -\& -.LP -Where a request has been made for the inspection of an open public -record, no fee shall be charged. -.PP -(Code 1999, § 2-308) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-309_Copying_Fee" -A "\c" \ - -- "Sec 2-309 Copying Fee" -\& -.LP -A fee per page as set by the council by motion or resolution shall be -charged for photocopying an open public record, such fee to cover the -cost of labor, materials and equipment. -.PP -(Code 1999, § 2-309) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-310_Fee_For_Mechanical_Reproduction" -A "\c" \ - -- "Sec 2-310 Fee For Mechanical Reproduction" -\& -.LP -For copying any open public record which cannot be reproduced by -photocopying, such as a computer printout or a blueprint, the requester -shall be charged the actual cost to the city, including the cost of -labor, materials and equipment. -.PP -(Code 1999, § 2-310) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-311_Search_Fee" -A "\c" \ - -- "Sec 2-311 Search Fee" -\& -.LP -A search fee shall be charged a requester who is using the record solely -for a commercial purpose. -Such fee shall be the actual cost to the city of producing the record, -including the cost of labor, materials and equipment. -.PP -(Code 1999, § 2-311) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-312_Prepayment_Of_Fees" -A "\c" \ - -- "Sec 2-312 Prepayment Of Fees" -\& -.LP -A record custodian may demand prepayment of a fee whenever the estimated -amount exceeds $20.00. -The prepayment amount shall be an estimate of the cost of copying, -mechanical reproduction or searching for the record. -Any overage or underage in the prepayment amount shall be settled prior -to producing the requested record or delivering the copy or mechanical -reproduction of the record. -.PP -(Code 1999, § 2-312) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3B_USE_OF_CITY_PROPERTY" -A "\c" \ - -- "ARTICLE 2-3B USE OF CITY PROPERTY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-321_Definitions" -A "\c" \ - -- "Sec 2-321 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-322_Unauthorized_Use_Of_City_Or_Department_Stationery" -A "\c" \ - -- "Sec 2-322 Unauthorized Use Of City Or Department Stationery" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-323_Unauthorized_Use_Of_City_Equipment" -A "\c" \ - -- "Sec 2-323 Unauthorized Use Of City Equipment" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-324_Theft_From_City_By_Altering_Computer_Data" -A "\c" \ - -- "Sec 2-324 Theft From City By Altering Computer Data" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-325_Unauthorized_Entry_Into_City's_Computer" -A "\c" \ - -- "Sec 2-325 Unauthorized Entry Into City\[aq]s Computer" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-326_Unauthorized_Use_Of_Postage_Meters" -A "\c" \ - -- "Sec 2-326 Unauthorized Use Of Postage Meters" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-327_Penalty" -A "\c" \ - -- "Sec 2-327 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-321_Definitions" -A "\c" \ - -- "Sec 2-321 Definitions" -\& -.LP -The following words, terms and phrases, when used in this article, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Computer\f[R] means any electronic device used for storing -information and supplying information. -Unless the context indicates a limited meaning is intended, the term -\[dq]computer\[dq] shall include not only the device enclosed in a -casing but also all cards, tapes, disks and other devices used to store -or retrieve information, and all hardware and software. -The term \[dq]computer\[dq] shall also include a computer system. -.PP -\f[I]Computer program\f[R] means any set of instructions intended to -cause a computer to perform a particular operation or service of -operations. -A computer program may be in written form or electronic form. -.PP -\f[I]Employee\f[R] means an employee of the city or an employee of any -public trust of which the city is a beneficiary. -.PP -\f[I]Official\f[R] means any person elected to serve on the city -council, or any person appointed to serve on a board, commission or -public trust wherein the city is a beneficiary. -.PP -\f[I]Person\f[R] means any person, firm or corporation, except that -provisions of imprisonment for punishment for violation of this article -shall apply to natural persons only. -.PP -\f[I]Stationery\f[R] means any paper, letter, form or envelope bearing -writing, markings, or symbols identifying the city, the city public -works authority or any department thereof as the originator. -.PP -\f[I]Trust\f[R] means the city public works authority or any other -public trust of which the city is a beneficiary. -.PP -(Code 1999, § 2-321; Ord. -No. -49(93), 2-16-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-322_Unauthorized_Use_Of_City_Or_Department_Stationery" -A "\c" \ - -- "Sec 2-322 Unauthorized Use Of City Or Department Stationery" -\& -.LP -No elected official, city employee, private citizen, corporation, -employee or official of a public trust of which the city is a -beneficiary shall use city, trust or department stationery for personal -correspondence or private use, nor shall such stationery be used to -promote any private or public purpose without the authority of the city -council, public trust, or city manager acting within their official -duties. -.PP -(Code 1999, § 2-322; Ord. -No. -49(93), 2-16-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-323_Unauthorized_Use_Of_City_Equipment" -A "\c" \ - -- "Sec 2-323 Unauthorized Use Of City Equipment" -\& -.LP -No official or employee shall request, use or permit the use of any -publicly owned or publicly supported property, vehicle, equipment, labor -or service for the personal convenience or the private advantage of -himself or any other person. -This provision shall not be deemed to prohibit an official or employee -from requesting, using or permitting the use of such publicly owned or -publicly supported property, vehicle, equipment, material, labor or -service which is the general practice to make available to the public at -large or which is provided as a matter of stated public policy for the -use of officials and employees in the conduct of official business. -.PP -(Code 1999, § 2-323; Ord. -No. -49(93), 2-16-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-324_Theft_From_City_By_Altering_Computer_Data" -A "\c" \ - -- "Sec 2-324 Theft From City By Altering Computer Data" -\& -.LP -No person, official or employee shall knowingly alter any data stored or -intended to be stored on any computer or stored on any card, tape, disk, -or other item used with a computer, where such alteration results in any -person or account receiving a credit to which the person or account is -not entitled. -No person, official or employee shall knowingly alter any data stored or -intended to be stored on any computer or stored on any card, tape, disk -or other item used with a computer, where such alteration results in a -falsified reduction or increase in a debt owed by any person, firm or -corporation. -.PP -(Code 1999, § 2-324; Ord. -No. -49(93), 2-16-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-325_Unauthorized_Entry_Into_City's_Computer" -A "\c" \ - -- "Sec 2-325 Unauthorized Entry Into City\[aq]s Computer" -\& -.LP -No unauthorized person shall obtain access by direct access, telephone -connection, or other electronic means to any computer operated by the -city or public trust of which the city is a beneficiary, or on behalf of -the city, or to any computer software or computer equipment operated by -the city or trust or on behalf of the city. -As used in this section, the term \[dq]unauthorized person\[dq] shall -mean any person, whether a city or trust officer or employee or a member -of the public, not assigned to do work involving such access to the -computer. -Any other person entitled to information that is stored in a computer -may obtain such information by requesting the same, whereupon a person -authorized by the city to have access to the computer shall obtain the -information, and deliver the same orally or by exhibiting a visual -display. -Any such information shall be delivered in writing at the request of the -person entitled thereto. -.PP -(Code 1999, § 2-325; Ord. -No. -49(93), 2-16-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-326_Unauthorized_Use_Of_Postage_Meters" -A "\c" \ - -- "Sec 2-326 Unauthorized Use Of Postage Meters" -\& -.LP -It is prohibited and declared to be a punishable offense for any person, -without lawful authority, to use a postage meter that is owned, -operated, or has been installed by the city or any public trust of which -the city is a beneficiary, for his own personal use or the use of any -person not entitled thereto. -Each city department or trust entity which has installed a postage meter -machine shall place notice in the location where the machine is located -that: -.IP " 1." 4 -The mail carried by such postage is the official city mail; and -.IP " 2." 4 -There is a penalty of the unlawful use of such postage meter for private -purposes. -.LP -(Code 1999, § 2-326; Ord. -No. -49(93), 2-16-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-327_Penalty" -A "\c" \ - -- "Sec 2-327 Penalty" -\& -.LP -Any person, official, employee, firm or corporation violating any -provision in this article shall, upon conviction, be punished as -provided in section 1-108. -In addition to any criminal penalty imposed, any employee of the city or -trust shall, upon conviction, forfeit their office or position. -.PP -(Code 1999, § 2-327; Ord. -No. -49(93), 2-16-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-4_CITY_BOARDS_AND_COMMISSIONS" -A "\c" \ - -- "CHAPTER 2-4 CITY BOARDS AND COMMISSIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-411_Personnel_Board,_Membership,_Temporary_Replacement" -A "\c" \ - -- "Sec 2-411 Personnel Board, Membership, Temporary Replacement" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-412_Procedure_For_Filling_A_Temporary_Position" -A "\c" \ - -- "Sec 2-412 Procedure For Filling A Temporary Position" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-411_Personnel_Board,_Membership,_Temporary_Replacement" -A "\c" \ - -- "Sec 2-411 Personnel Board, Membership, Temporary Replacement" -\& -.LP -The city Charter establishes the personnel board and requires three -members appointed by the council for overlapping six-year terms. -It is anticipated that, on occasion, an appointed member of the -personnel board may need to recuse or remove himself from a particular -hearing because of a conflict of interest. -When such occasion arises, the council may appoint a temporary -replacement to ensure that there are three non-biased members to hear -all cases. -The temporary replacement shall be only for a particular case and should -be a person who demonstrates the requisite impartiality toward the issue -to be decided. -Council may consider selecting and employing a person from a public or -private agency which offers such services. -.PP -(Code 1999, § 2-411; Ord. -No. -15(92), 3-2-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-412_Procedure_For_Filling_A_Temporary_Position" -A "\c" \ - -- "Sec 2-412 Procedure For Filling A Temporary Position" -\& -.LP -Upon receipt of notice from a member of the personnel board that a -conflict may exist in any pending personnel board matter, the city clerk -shall promptly notify the mayor and city manager who shall, at the next -immediate council meeting or at a special council meeting called for -such purpose, cause an item to be placed on the meeting agenda -requesting that council appoint a temporary replacement to the personnel -board. -.PP -(Code 1999, § 2-412; Ord. -No. -15(92), 3-2-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_3_ALCOHOLIC_BEVERAGES" -A "\c" \ - -- "PART 3 ALCOHOLIC BEVERAGES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-1_ALCOHOLIC_BEVERAGES" -A "\c" \ - -- "CHAPTER 3-1 ALCOHOLIC BEVERAGES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-2_LOW-POINT_BEER" -A "\c" \ - -- "CHAPTER 3-2 LOW-POINT BEER" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-3_PROHIBITING_GATHERINGS_WHERE_MINORS_ARE_CONSUMING_ALCOHOLIC_BEVERAGES" -A "\c" \ - -- "CHAPTER 3-3 PROHIBITING GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC BEVERAGES" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Alcoholic beverages and low-point -beer, 37 O.S. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-1_ALCOHOLIC_BEVERAGES" -A "\c" \ - -- "CHAPTER 3-1 ALCOHOLIC BEVERAGES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-101_Definitions" -A "\c" \ - -- "Sec 3-101 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-102_Amount_Of_Tax" -A "\c" \ - -- "Sec 3-102 Amount Of Tax" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-103_Application_For_Certificate_Of_Zoning_And_Code_Compliance" -A "\c" \ - -- "Sec 3-103 Application For Certificate Of Zoning And Code Compliance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-104_Manufacture_And_Sale;_State_License_Required" -A "\c" \ - -- "Sec 3-104 Manufacture And Sale; State License Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-105_Keeping_Or_Maintaining_Place_In_Violation_Of_Law_Prohibited" -A "\c" \ - -- "Sec 3-105 Keeping Or Maintaining Place In Violation Of Law Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-106_Transportation_Of_Intoxicating_Beverages_In_Vehicles;_Exception" -A "\c" \ - -- "Sec 3-106 Transportation Of Intoxicating Beverages In Vehicles; Exception" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-107_Sale_To_Minors,_Incompetent_Or_Intoxicated_Persons_Prohibited;_Minors_On_Premises" -A "\c" \ - -- "Sec 3-107 Sale To Minors, Incompetent Or Intoxicated Persons Prohibited; Minors On Premises" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-108_Employment_Of_Minors_Prohibited" -A "\c" \ - -- "Sec 3-108 Employment Of Minors Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-109_Minors_In_Possession_Of_Intoxicating_Beverages_In_Public_Prohibited" -A "\c" \ - -- "Sec 3-109 Minors In Possession Of Intoxicating Beverages In Public Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-110_Misrepresentation_Of_Age" -A "\c" \ - -- "Sec 3-110 Misrepresentation Of Age" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-111_Sale_In_Containers,_From_Licensed_Establishments" -A "\c" \ - -- "Sec 3-111 Sale In Containers, From Licensed Establishments" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-112_Sales_On_Credit" -A "\c" \ - -- "Sec 3-112 Sales On Credit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-113_Other_Prohibitions;_Prizes,_Happy_Hours,_Solicitation,_Nudity" -A "\c" \ - -- "Sec 3-113 Other Prohibitions; Prizes, Happy Hours, Solicitation, Nudity" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-114_Consumption_Of_Intoxicating_Alcoholic_Beverage_In_Public_Places" -A "\c" \ - -- "Sec 3-114 Consumption Of Intoxicating Alcoholic Beverage In Public Places" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-115_Location_Of_Retail_Package_Store_And_Mixed_Beverage_Establishments;_Exceptions" -A "\c" \ - -- "Sec 3-115 Location Of Retail Package Store And Mixed Beverage Establishments; Exceptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-116_Hours_Of_Operation" -A "\c" \ - -- "Sec 3-116 Hours Of Operation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-117_Sale_Or_Delivery_Prohibited_On_Certain_Days" -A "\c" \ - -- "Sec 3-117 Sale Or Delivery Prohibited On Certain Days" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Oklahoma Alcoholic Beverage Control -Act, 37 O.S. -§ 501 et seq.; city powers generally as to alcoholic beverages, 37 O.S. -§ 503. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-101_Definitions" -A "\c" \ - -- "Sec 3-101 Definitions" -\& -.IP " 1." 4 -Definition of terms used in this chapter shall be in conformity with -those provided in 37A O.S. -§ 1-103. -.IP " 2." 4 -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.br -.br -\f[I]Beer and wine license\f[R] means a license for the retail sale of -beer containing more than 3.2 percent of alcohol by weight and wine -which means and includes any beverage containing more than one-half of -one percent of alcohol by volume and not more than 24 percent alcohol by -volume. -.br -.br -\f[I]Caterer license\f[R] authorizes the licensee, whose business is to -provide food, supplies, and services at a social gathering, to sell -mixed beverages for on-premises consumption incidental to the sale or -distribution of food. -.br -.br -\f[I]Complimentary beverage license\f[R] authorizes the licensee to -provide, free of charge for on premises consumption only, no more than -two alcoholic beverages containing spirits, 12 ounces of wine, or 24 -ounces of beer per day to a guest or client who is 21 years of age or -older. -This license shall only be issued to businesses which involve retail -sales or provide services to its clients including, but not limited to, -furniture stores, art studios, nail salons, hair salons, cigar stores, -clothing stores, bridal shops or business support services. -.br -.br -\f[I]Mixed beverage club\f[R] means any establishment in a county which -has authorized the retail sale of alcoholic beverages by the individual -drink to be one or more servings of a beverage composed in whole or part -of an alcoholic beverage in a sealed or unsealed container of any legal -size for consumption on the premises where served or sold by the holder -of a mixed beverage caterer or special event license; it includes any -association, person, firm or corporation key club, bottle club, locker -club, excluding the general public from its premises or place of meeting -or congregating or operating or exercising control over any other place -where persons are permitted to drink alcoholic beverages other than in a -private home. -.br -.br -\f[I]Mixed beverage license\f[R] authorizes the licensee to purchase -alcoholic beverages in retail containers from the holder of a wholesaler -or Class B wholesaler licensee and to sell, offer for sale and possess -mixed beverages as well as beer and/or wine for on-premises consumption -only. -.br -.br -\f[I]Special event license\f[R] authorizes the licensee to sell and -distribute alcoholic beverages for consumption on the premises for which -the license has been issued for a period not to exceed the number of -days permitted by applicable ABLE license of the licensee. -.LP -(Prior Code, § 3-2; Code 1999, § 3-101) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333161_Ordinance%20No.%20844%20(17).pdf" -A "\c" \ - -- "844(17)" -\& on 1/17/2017 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347030_Ordinance%20No.%20903%20(19).pdf" -A "\c" \ - -- "903(19)" -\& on 4/15/2019 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288008_Ordinance%20915(19).pdf" -A "\c" \ - -- "915(19)" -\& on 6/3/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-102_Amount_Of_Tax" -A "\c" \ - -- "Sec 3-102 Amount Of Tax" -\& -.IP " 1." 5 -There is hereby levied and assessed an annual occupation tax on every -business or occupation relating to alcoholic beverages as specifically -enumerated herein and pursuant to the provisions of 37 O.S. -§ 554.1 in the amount as set by the city council by motion or -resolution. -.IP " 2." 5 -The occupation tax for a brewer and a Class B wholesaler shall be -reduced by 75 percent if the brewer or Class B wholesaler is also the -holder of a license from the state to manufacture or wholesale any -low-point beer as provided in 37 O.S. -§ 518. -.IP " 3." 5 -The occupation tax levied herein shall be paid in advance to the city -clerk who shall issue a receipt therefor. -.IP " 4." 5 -The occupation tax levied herein shall expire on June 30 annually. -The amount of any occupation tax levied shall be computed pro rata upon -the months remaining in the year ending June 30 following. -Such taxes paid on or before the 15th day of any month shall be on the -basis of the first day of the month, and such taxes paid after the 15th -day of the month shall be on the basis of the first day of the next -succeeding month. -.IP " 5." 5 -Any state licensee carrying on his occupation in more than one location -in the corporate limits of the city shall be subject to the tax -hereinabove specified for each location. -.IP " 6." 5 -The occupation taxes prescribed herein shall be reduced to the extent -necessary to conform to applicable state law reducing the state license -fee to such person, but only to such extent as may be required to -conform to applicable state law, it being the intention that this -chapter shall levy the maximum tax allowable for the occupations on -which there is hereby levied an occupation tax. -.IP " 7." 5 -Upon payment of the occupation tax, the city clerk shall issue a -receipt, signed by the city clerk, to the state licensee paying such -occupational tax. -The city clerk shall also record the name of the licensee and the -address where the licensee engages in his occupation. -Such record shall be duly filed and kept in the permanent files of the -city for at least five years. -Thereafter, upon resolution by the council, it may be destroyed. -.IP " 8." 5 -Any state licensee shall post his tax receipt in a conspicuous place on -the premises wherein he carries on his occupation. -.IP " 9." 5 -The occupation tax shall cover only the person paying the tax and no -other or a successor thereof, and shall not be refundable. -.IP " 10." 5 -The city clerk shall make and transmit to the alcoholic beverage laws -enforcement (\[dq]ABLE\[dq]) commission an annual report showing the -number and class of licenses subject to the tax and the amount of money -received therefrom. -.IP " 11." 5 -All sums due from any person by reason of occupation taxes imposed by -this chapter and all penalties accruing from such person by reason of -failure to pay such tax shall be recoverable at the suit of the city, -brought against such person in any court of competent jurisdiction. -In any suit, in addition to the tax and penalties, the plaintiff shall -recover interest, at the rate of ten percent per annum, upon all sums -due by way of tax and penalty from the date of accrual thereof, and all -costs of collection, judicial or otherwise, including reasonable -attorney\[aq]s fees, all to be determined by the court. -Prosecution for an offense against the city, arising out of the failure -to pay a tax levied by this chapter, regardless of the outcome thereof -or its continued pendency, shall not constitute a defense or bar in any -manner to the collection of the tax and penalties, if any are due, as -herein provided. -.LP -(Prior Code, §§ 3-38, 3-39, 3-41, 3-45; Code 1999, § 3-102) -.PP -\f[B]State Law reference\f[R]\[em] State license fee amounts, 37 O.S. -§ 518. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-103_Application_For_Certificate_Of_Zoning_And_Code_Compliance" -A "\c" \ - -- "Sec 3-103 Application For Certificate Of Zoning And Code Compliance" -\& -.IP " 1." 4 -Every applicant for a certificate of compliance with the zoning, fire, -health and safety codes of the city required by 37 O.S. -shall apply at the office of the city clerk by: -.RS 4 -.IP " 1." 4 -Filing a written application on forms prescribed by that office; and -.IP " 2." 4 -Paying a verification and certification fee in the amount as set by the -council at the time of filing. -.RE -.IP " 2." 4 -Upon receipt of an application for a certificate of compliance, the city -clerk shall cause an investigation to be made to determine whether the -premises proposed for licensed operations comply with the provisions of -the zoning ordinance and any health, fire, building or other safety -codes applicable to it. -.IP " 3." 4 -Upon finding that the premises of an applicant for a certificate is in -compliance with all applicable zoning ordinances, a certificate of -zoning shall be issued by the ABLE commission. -.IP " 4." 4 -Upon finding that the premises of an applicant for a certificate is in -compliance with all applicable fire, safety and health codes, a -certificate of compliance shall be issued by the ABLE commission. -.IP " 5." 4 -The above certificates of compliance shall be signed by the mayor or by -the city clerk or deputy city clerk. -.LP -(Prior Code, §§ 3-42, 3-43; Code 1999, § 3-103) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-104_Manufacture_And_Sale;_State_License_Required" -A "\c" \ - -- "Sec 3-104 Manufacture And Sale; State License Required" -\& -.LP -No person shall produce, manufacture or sell any alcoholic beverages, or -rectify any beverage, without having in his possession a valid license -issued by the ABLE commission. -.PP -(Prior Code, § 3-3; Code 1999, § 3-104) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-105_Keeping_Or_Maintaining_Place_In_Violation_Of_Law_Prohibited" -A "\c" \ - -- "Sec 3-105 Keeping Or Maintaining Place In Violation Of Law Prohibited" -\& -.LP -No person shall keep or maintain, or aid, assist or abet in keeping or -maintaining, a place where alcoholic beverages are possessed, -manufactured, sold, bartered or given away in violation of any of the -provisions of this chapter or any public place where persons are -permitted to resort for the purpose of drinking alcoholic beverages. -.PP -(Prior Code, § 3-6; Code 1999, § 3-105) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-106_Transportation_Of_Intoxicating_Beverages_In_Vehicles;_Exception" -A "\c" \ - -- "Sec 3-106 Transportation Of Intoxicating Beverages In Vehicles; Exception" -\& -.IP " 1." 4 -No person shall knowingly transport alcoholic beverages in any vehicle -upon any public highway, street or alley unless in the original -container which is unopened, the seal unbroken and the original cap in -place. -.IP " 2." 4 -Subsection (A) of this section shall not apply if the opened container -is in the rear trunk or compartment or the spare tire compartment in a -vehicle commonly known as a station wagon or panel truck, or in any -outside compartment which is inaccessible to the driver or any passenger -while the vehicle is in motion. -.LP -(Prior Code, § 3-17; Code 1999, § 3-106) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. -§ 537. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-107_Sale_To_Minors,_Incompetent_Or_Intoxicated_Persons_Prohibited;_Minors_On_Premises" -A "\c" \ - -- "Sec 3-107 Sale To Minors, Incompetent Or Intoxicated Persons Prohibited; Minors On Premises" -\& -.IP " 1." 4 -No person shall: -.RS 4 -.IP " 1." 4 -Knowingly sell, furnish or give any alcoholic beverage to any person who -is under the age of 21 years, or sell, furnish or give any alcoholic -beverages to any person who is insane, mentally deficient or -intoxicated; -.IP " 2." 4 -If he is under the age of 21 years, enter, be or remain on the premises -of a retail package store, or allow such a person to be, enter or remain -in the store. - -.RE -.IP " 2." 4 -.IP " 1." 4 -If the premises of a licensee of the alcoholic beverage laws enforcement -(ABLE) commission contains a separate or enclosed lounge or bar area, -which has as its main purpose the sale or distribution of alcoholic -beverages for on-premises consumption, notwithstanding that as an -incidental service, meals or short order foods are made available -therein, no person under 21 years of age shall be admitted to such area, -except for members of a musical band employed or hired as provided -section 3-108 when the band is to perform within such area, or persons -under 21 years of age who are on the licensed premises for the limited -purpose of performing maintenance, construction, remodeling, painting or -other similar services relating to the building or equipment -installation, repair or maintenance on the premises during those hours -when the licensed establishment is closed for business. -The provisions of this section shall not prohibit persons under 21 years -of age from being admitted to an area which has as its main purpose some -objective other than the sale or mixing or serving of said beverages, in -which sales or serving of said beverages are incidental to the main -purpose, as long as the persons under 21 years of age are not sold or -served alcoholic beverages. -The incidental service of food in the bar area shall not exempt a -licensee from the provisions of this section. -The ABLE commission shall have the authority to designate the portions -of the premises of a licensee where persons under 21 years of age shall -not be admitted pursuant to this section. -When determining a licensee\[aq]s main purpose, low-point beer sales -shall be counted separately, and it shall not be considered a food or an -alcoholic beverage. -.IP " 2." 4 -A new licensee that claims as its main purpose some objective other than -the sale of alcoholic beverages may be granted a separate or enclosed -lounge or bar area for a period of 90 days. -At the end of that 90-day period, the licensee shall have the burden of -showing that the business continues to qualify for a separate or -enclosed bar area. -If the licensee fails to satisfy this burden, then that licensee\[aq]s -main purpose shall automatically convert to the sale of alcoholic -beverages. -.IP " 3." 4 -Except as otherwise provided, an admission charge shall not be -considered in any calculation designed to determine the main purpose of -an establishment pursuant to subsection (B) of this section. -As used in this section, the term \[dq]admission charge\[dq] means any -form of consideration received by an establishment from a person in -order for that person to gain entrance into the establishment. -.IP " 4." 4 -The provisions of subsection (C) of this section shall not apply: -.RS 4 -.IP " 1." 4 -If only persons 18 years of age or older are permitted to enter the -licensed premises; provided, however, if the licensee is claiming an -exception from the requirements of subsection (C) of this section -pursuant to this subsection and fails to restrict the entry by persons -under age 18 into the licensed premises, the ABLE commission shall -designate that only persons 21 years of age or older are allowed on the -licensed premises; -.IP " 2." 4 -If the licensed premises are owned or operated by a service organization -or fraternal establishment which is exempt under section 501(c)(19), -(8), or (10) of the Internal Revenue Code; or -.IP " 3." 4 -To a public event held in a facility owned or operated by any agency, -political subdivision or public trust of the state. -.RE -.LP -(Code 1999, § 3-107) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. -§§ 537(A)1, (A)2, 598. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-108_Employment_Of_Minors_Prohibited" -A "\c" \ - -- "Sec 3-108 Employment Of Minors Prohibited" -\& -.LP -No licensee of the ABLE commission shall employ any person under the age -of 21 in the selling or handling of alcoholic beverages, provided that a -mixed beverage, beer and wine, caterer, public event, special event or -bottle club licensee may employ servers who are at least 18 years of -age, except persons under 21 years of age may not serve in designated -bar or lounge areas, and a mixed beverage, beer and wine, caterer, -public event, special event or bottle club licensee may employ or hire -musical bands who have musicians who are under 21 years of age if each -such musician is either accompanied by a parent or legal guardian or has -on their person, to be made available for inspection upon demand by any -ABLE commission officer or law enforcement officer, a written, notarized -affidavit from the parent or legal guardian giving the underage musician -permission to perform in designated bar or lounge areas. -.PP -(Prior Code, § 3-18; Code 1999, § 3-108) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. -§ 537(B)(2). -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-109_Minors_In_Possession_Of_Intoxicating_Beverages_In_Public_Prohibited" -A "\c" \ - -- "Sec 3-109 Minors In Possession Of Intoxicating Beverages In Public Prohibited" -\& -.LP -No person under 21 years of age shall be in possession of any alcoholic -beverage while such person is upon any public street, road, highway or -in any public place. -.PP -(Prior Code, § 3-4; Code 1999, § 3-109) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-110_Misrepresentation_Of_Age" -A "\c" \ - -- "Sec 3-110 Misrepresentation Of Age" -\& -.LP -No person shall misrepresent his age either orally or in writing or by -presenting false or altered documentation of age for the purpose of -inducing any person to sell him alcoholic beverages. -.PP -(Prior Code, § 3-14; Code 1999, § 3-110) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-111_Sale_In_Containers,_From_Licensed_Establishments" -A "\c" \ - -- "Sec 3-111 Sale In Containers, From Licensed Establishments" -\& -.IP " 1." 4 -No person shall sell or deliver alcoholic beverages at a retail -alcoholic beverage store other than: -.RS 4 -.IP " 1." 4 -In retail containers; -.IP " 2." 4 -At ordinary room temperatures; -.IP " 3." 4 -In the original package; and -.IP " 4." 4 -For consumption off the premises. -.br -No person shall open or consume, or permit another person to open or -consume, a retail container of alcoholic beverage on the premises of a -retail package store. -Except as otherwise permitted in this chapter, no person shall drink any -alcoholic beverage in public except on the premises of a licensee who is -authorized to sell or serve alcoholic beverages by the individual drink. -.RE -.IP " 2." 4 -No person shall purchase any alcoholic beverage at retail or wholesale -from any person other than a dealer licensed by the ABLE commission. -.LP -(Prior Code, §§ 3-9, 3-10; Code 1999, § 3-111) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-112_Sales_On_Credit" -A "\c" \ - -- "Sec 3-112 Sales On Credit" -\& -.LP -Except as may be authorized by state law, no person shall sell any -alcoholic beverage on credit at any retail package store. -.PP -(Prior Code, § 3-20; Code 1999, § 3-112) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-113_Other_Prohibitions;_Prizes,_Happy_Hours,_Solicitation,_Nudity" -A "\c" \ - -- "Sec 3-113 Other Prohibitions; Prizes, Happy Hours, Solicitation, Nudity" -\& -.IP " 1." 4 -No licensee shall: -.RS 4 -.IP " 1." 4 -Give any alcoholic beverage as a prize, premium or consideration for any -lottery, game of chance or skill or any type of competition; or -.IP " 2." 4 -Advertise or offer \[dq]happy hours\[dq] or any other means or -inducements to stimulate the consumption of alcoholic beverages, -including: -.RS 4 -.IP " 1." 4 -Deliver more than two drinks to one person at one time; -.IP " 2." 4 -Sell or offer to sell to any person or group of persons any drinks at a -price less than the price regularly charged for such drinks during the -same calendar week, except at private functions not open to the public; -.IP " 3." 4 -Sell or offer to sell to any person an unlimited number of drinks during -any set period of time for a fixed price, except at private functions -not open to the public; -.IP " 4." 4 -Sell or offer to sell drinks to any person or group of persons on any -one day at prices less than those charged the general public on that -day, except at private functions not open to the public; -.IP " 5." 4 -Increase the volume of alcoholic beverages contained in a drink without -increasing proportionately the price regularly charged for such drink -during the same calendar week; or -.IP " 6." 4 -Encourage or permit, on the licensed premises, any game or contest which -involves drinking or the awarding of drinks as prizes. -.RE -.RE -.IP " 2." 4 -No licensee shall: -.RS 4 -.IP " 1." 4 -Allow any person on the premises where low-point beer or alcoholic -beverages are sold or dispensed for consumption on the premises of the -licensee where such person is unclothed or in such attire, costume or -clothing as to expose to view any portion of the breast below the top of -the areola or any portion of the pubic area, buttocks or genitalia; -.IP " 2." 4 -Permit any person to perform acts of, or acts which simulate sexual -acts; -.IP " 3." 4 -Permit any person to use artificial devices or inanimate objects to -depict any lewd activities; or -.IP " 4." 4 -Permit the showing of films, still pictures, electronic reproduction or -other visual reproduction depicting any of the prohibited acts in this -section. -.RE -.IP " 3." 4 -No licensee shall permit any drink solicitation, or request from a -patron to purchase any low-point beer or intoxicating alcoholic beverage -for consumption on the premises of the licensee, as that term is defined -in this chapter. -.LP -(Prior Code, §§ 3-5, 3-9, 3-10, 3-13, 3-22, 3-23; Code 1999, § 3-113) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. -§ 537. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-114_Consumption_Of_Intoxicating_Alcoholic_Beverage_In_Public_Places" -A "\c" \ - -- "Sec 3-114 Consumption Of Intoxicating Alcoholic Beverage In Public Places" -\& -.LP -No person within the city shall drink intoxicating liquor in any public -place, unless authorized by the Alcoholic Control Beverage Act, nor -shall any person be intoxicated in a public place within the city. -.PP -(Prior Code, §§ 3-25, 16-38; Code 1999, § 3-114) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-115_Location_Of_Retail_Package_Store_And_Mixed_Beverage_Establishments;_Exceptions" -A "\c" \ - -- "Sec 3-115 Location Of Retail Package Store And Mixed Beverage Establishments; Exceptions" -\& -.IP " 1." 4 -No person shall own, operate, maintain or have any interest in any -retail package store which is located at a place in the city which is -forbidden as a location for such store by state laws or city ordinances. -.IP " 2." 4 -It shall be unlawful for any mixed beverage establishment, beer and wine -establishment, or bottle club which has been licensed by the alcoholic -beverage laws enforcement commission and which has as its main purpose -the selling or serving of alcoholic beverages for consumption on the -premises, or retail package store, to be located within 300 feet of any -public or private school or church property primarily and regularly used -for worship services and religious activities; however, a college or -university located within an improvement district created pursuant to 11 -O.S. -§ 39-103.1 may waive the 300-foot requirement by providing written -notice to the establishment seeking the license and to the alcoholic -beverage laws enforcement commission. -Provided, a college or university prior to waiving the 300-foot -requirement found in this subsection shall publish a notice of its -intention to waive such requirement in a legal newspaper of general -circulation within the state at least 30 days but no more than 40 days -prior to providing any written notice, waiving the 300-foot requirement, -to the establishment seeking the license or to the alcoholic beverage -laws enforcement commission. -As used in this subsection, the term \[dq]legal newspaper of general -circulation within the state\[dq] means a newspaper meeting the -requisites of a newspaper for publication of legal notices as prescribed -in 25 O.S. -§ 106 in a majority of the counties in the state. -The distance indicated in this section shall be measured from the -nearest property line of such public or private school or church to the -nearest perimeter wall of the premises of any such mixed beverage -establishment, beer and wine establishment, bottle club, or retail -package store which has been licensed to sell alcoholic beverages. -The provisions of this section shall not apply to mixed beverage -establishments, beer and wine establishments, or bottle clubs, which -have been licensed to sell alcoholic beverages for on-premises -consumption or retail package stores prior to November 1, 2000; -provided, if at the time of application for license renewal the licensed -location has not been in actual operation for a continuous period of -more than 60 days, the license shall not be renewed. -If any school or church shall be established within 300 feet of any -retail package store, mixed beverage establishment, beer and wine -establishment, or bottle club subject to the provisions of this section -after such retail package store, mixed beverage establishment, beer and -wine establishment, or bottle club has been licensed, the provisions of -this section shall not be a deterrent to the renewal of such license if -there has not been a lapse of more than 60 days. -When any mixed beverage establishment, beer and wine establishment, or -bottle club subject to the provisions of this section which has a -license to sell alcoholic beverages for on-premises consumption or -retail package store changes ownership or the operator thereof is -changed and such change of ownership results in the same type of -business being conducted on the premises, the provisions of this section -shall not be a deterrent to the issuance of a license to the new owner -or operator if he is otherwise qualified. -.LP -(Prior Code, § 3-12, in part; Code 1999, § 3-115) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. -§ 518.3. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-116_Hours_Of_Operation" -A "\c" \ - -- "Sec 3-116 Hours Of Operation" -\& -.IP " 1." 4 -No package store licensee shall sell or keep a package store premises -open for the purpose of selling any alcoholic beverages at any hour -other than between the hours of 8:00 a.m. -and midnight, Monday through Saturday, and noon to midnight on Sundays -and shall not be open on Thanksgiving Day or Christmas Day. -Package store licensees shall be permitted to sell alcoholic beverages -on the day of any general, primary, runoff primary or special election -whether on a national, state, county or city election, provided that the -election day does not occur on any day on which such sales are otherwise -prohibited by law. -.IP " 2." 4 -No holder of a retail wine license or a retail beer license shall sell -any beer or wine other than between the hours of 6:00 a.m. -and 2:00 a.m. -the following day, Monday through Sunday. -Retail wine and retail beer licensees shall be permitted to sell beer -and wine on the day of any general, primary, runoff primary or special -election whether on a national, state, county, or city election. -.IP " 3." 4 -No alcoholic beverages may be sold, dispensed, served or consumed on the -premises of a mixed drink beverage licensee or bottle club between the -hours of 2:00 a.m. -and 8:00 a.m. -No licensee shall permit any person, who has in his possession an open -container, having as its contents an intoxicating alcoholic beverage, to -remain in a mixed beverage establishment between the hours of 2:15 a.m. -to 8:00 a.m. -No person, having in his possession an open container, having as its -contents an intoxicating alcoholic beverage, shall remain in a mixed -beverage establishment between the hours of 2:15 a.m. -to 8:00 a.m. -For the purpose of this section, an open container shall mean any -receptacle containing low-point beer or intoxicating alcoholic beverage, -to include the original container of the beverage where the original -seal has been broken or opened. -.IP " 4." 4 -Any person selling or keeping a package store open to sell any alcoholic -beverage during any day or hours not authorized, and any person selling -or permitting the sale of alcoholic beverages at a grocery store, -convenience store or drug store during any day or hours not authorized -shall be guilty of a misdemeanor for first violation and upon a -conviction shall be fined not more than $500.00. -.LP -(Prior Code, § 3-19; Code 1999, § 3-116) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346822_Ordinance%20No.%20899%20(19).pdf" -A "\c" \ - -- "899(19)" -\& on 3/4/2019 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349133_940%20(20).pdf" -A "\c" \ - -- "940(20)" -\& on 4/6/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-117_Sale_Or_Delivery_Prohibited_On_Certain_Days" -A "\c" \ - -- "Sec 3-117 Sale Or Delivery Prohibited On Certain Days" -\& -.LP -No wine or spirits wholesaler licensee shall sell or deliver, and no -wine or spirits retail licensee shall receive any amount of spirits or -wines to any licensee on Sunday or on New Year\[aq]s Day, the Fourth of -July, Thanksgiving Day or Christmas Day. -.PP -(Prior Code, § 3-24; Code 1999, § 3-117) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346822_Ordinance%20No.%20899%20(19).pdf" -A "\c" \ - -- "899(19)" -\& on 3/4/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-2_LOW-POINT_BEER" -A "\c" \ - -- "CHAPTER 3-2 LOW-POINT BEER" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-201_Definitions" -A "\c" \ - -- "Sec 3-201 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-202_State_Licenses" -A "\c" \ - -- "Sec 3-202 State Licenses" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-203_Retail_Dealer's_License_Required;_License_Fees" -A "\c" \ - -- "Sec 3-203 Retail Dealer\[aq]s License Required; License Fees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-204_Application_For_License" -A "\c" \ - -- "Sec 3-204 Application For License" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-205_Expiration_Of_License" -A "\c" \ - -- "Sec 3-205 Expiration Of License" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-206_Minors_On_Premises_Prohibited;_Exceptions" -A "\c" \ - -- "Sec 3-206 Minors On Premises Prohibited; Exceptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-207_Sale_Of_Low-Point_Beer_To_Minors_Prohibited" -A "\c" \ - -- "Sec 3-207 Sale Of Low-Point Beer To Minors Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-208_Employment_Of_Persons_Under_18_Years;_Exceptions" -A "\c" \ - -- "Sec 3-208 Employment Of Persons Under 18 Years; Exceptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-209_Sale_Of_Low-Point_Beer_Prohibited_During_Certain_Hours;_Exception" -A "\c" \ - -- "Sec 3-209 Sale Of Low-Point Beer Prohibited During Certain Hours; Exception" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-210_Transportation_Of_Low-Point_Beer_In_Moving_Vehicle" -A "\c" \ - -- "Sec 3-210 Transportation Of Low-Point Beer In Moving Vehicle" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-211_Minors_In_Possession_Of_Low-Point_Beer_Prohibited_While_In_Public" -A "\c" \ - -- "Sec 3-211 Minors In Possession Of Low-Point Beer Prohibited While In Public" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-212_Consumption_Of_Low-Point_Beer_In_Public_Places;_Penalty;_Exception" -A "\c" \ - -- "Sec 3-212 Consumption Of Low-Point Beer In Public Places; Penalty; Exception" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-213_Misrepresentation_Of_Age_By_False_Or_Altered_Documentation" -A "\c" \ - -- "Sec 3-213 Misrepresentation Of Age By False Or Altered Documentation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-214_Inspections,_Sales_Tax_Records" -A "\c" \ - -- "Sec 3-214 Inspections, Sales Tax Records" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-215_Glass_Area_And_Lighting_Requirements" -A "\c" \ - -- "Sec 3-215 Glass Area And Lighting Requirements" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Low-point beer, 63 O.S. -§ 163.1 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-201_Definitions" -A "\c" \ - -- "Sec 3-201 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Low-point beer\f[R] means beverages containing more than one-half -of one percent alcohol by volume, and not more than 3.2 percent alcohol -by weight, including, but not limited to, beer or cereal malt beverages -obtained by the alcoholic fermentation of an infusion of barley or other -grain, malt or similar products. -.PP -\f[I]Minor\f[R] means a person who, in accordance with state law, has -not yet attained the age at which the consumption of low-point beer is -permitted. -.PP -\f[I]Retail dealer\f[R] means and includes any and all persons who sell, -distribute or dispense any low-point beer at retail to the public for -consumption or use, whether consumed on the premises or not. -A dealer who is engaged in wholesaling low-point beer for resale shall -not be exempt from the provisions of this chapter if he also sells, -distributes or dispenses such beverages direct to the public for -consumption or use. -.PP -(Prior Code, § 3-106; Code 1999, § 3-201) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-202_State_Licenses" -A "\c" \ - -- "Sec 3-202 State Licenses" -\& -.LP -No person shall engage in the business of selling, offering for sale or -distributing any low-point beer, at retail, for consumption or use, -without first having obtained a state license to do so, and in cases -where such beverages are consumed on the premises, a license as provided -by the statutes of the state. -.PP -(Prior Code, § 3-127; Code 1999, § 3-202) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-203_Retail_Dealer's_License_Required;_License_Fees" -A "\c" \ - -- "Sec 3-203 Retail Dealer\[aq]s License Required; License Fees" -\& -.IP " 1." 4 -No person shall sell, distribute or dispense any low-point beer at -retail to the public without first having obtained a license to do so -from the city, and making payment in advance to the city clerk in the -amount as provided herein. -.IP " 2." 4 -The annual fee for a license under this chapter shall be as established -by resolution. -.IP " 3." 4 -No license issued hereunder is transferable. -.IP " 4." 4 -Licenses required by this chapter shall be issued by the city clerk upon -payment of the required fee and compliance by the applicant with all -applicable ordinances of the city, and upon a satisfactory showing that -the applicant has obtained such state and county permits as are required -by law. -.LP -(Prior Code, §§ 3-126, 3-128, 3-129; Code 1999, § 3-203) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-204_Application_For_License" -A "\c" \ - -- "Sec 3-204 Application For License" -\& -.LP -An applicant for a retail dealer\[aq]s license or renewal of such -license shall deposit the required fee with the city clerk and submit an -application on the form provided by the clerk. -.PP -(Code 1999, § 3-204) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-205_Expiration_Of_License" -A "\c" \ - -- "Sec 3-205 Expiration Of License" -\& -.LP -The licenses provided for in this chapter shall expire annually on June -30, and the fee therefor shall not be prorated. -.PP -(Prior Code, § 3-130; Code 1999, § 3-205) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-206_Minors_On_Premises_Prohibited;_Exceptions" -A "\c" \ - -- "Sec 3-206 Minors On Premises Prohibited; Exceptions" -\& -.IP " 1." 4 -It shall be unlawful for any person who holds a license to sell and -dispense low-point beer for consumption on the premises, or any agent, -servant, or employee of said license holder, to permit any person under -21 years of age to be admitted to or remain in a separate or enclosed -bar area of the licensed premises, which has as its main purpose the -selling or serving of low-point beer for consumption on the premises. -The provisions of this section shall not prohibit persons under 21 years -of age from being admitted to an area which has as its main purpose some -objective other than the sale or serving of low-point beer, in which -sales or serving of said beverages are incidental to the main purpose, -as long as persons under 21 years of age are not sold or served said -beverages; however, the incidental service of food in the bar area shall -not exempt a licensee, agent, servant, or employee from the provisions -of this subsection. -.IP " 2." 4 -If the premises of a holder of a license to sell low-point beer contains -a separate or enclosed bar area which has as its main purpose the sale -or serving of low-point beer for consumption on the premises, no minor -shall enter, attempt to enter, or remain in the area. -The provisions of this subsection shall not prohibit minors from -entering or remaining in an area which has as its main purpose some -objective other than the sale or serving of low-point beer, in which -sales or serving of the beverages are incidental to the main purpose, if -the minors are not sold or served or do not consume low-point beer -anywhere on the premises; however, the incidental service of food in the -bar area shall not exempt minors from the provisions of this subsection. -.LP -(Prior Code, § 3-108; Code 1999, § 3-206) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. -§§ 241, 243, 246. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-207_Sale_Of_Low-Point_Beer_To_Minors_Prohibited" -A "\c" \ - -- "Sec 3-207 Sale Of Low-Point Beer To Minors Prohibited" -\& -.LP -It is unlawful for any person who holds a license to sell and dispense -low-point beer, or any agent, servant or employee of the license holder, -to sell, barter or give to any minor any low-point beer. -.PP -(Prior Code, § 3-111; Ord. -No. -486, 6-5-1989; Code 1999, § 3-207) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. -§ 241. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-208_Employment_Of_Persons_Under_18_Years;_Exceptions" -A "\c" \ - -- "Sec 3-208 Employment Of Persons Under 18 Years; Exceptions" -\& -.IP " 1." 4 -It is unlawful for any person under 18 years of age to be employed or -permitted to work, in any capacity whatsoever, in a place where -low-point beer is sold or dispensed for consumption on the premises. -.IP " 2." 4 -It is unlawful for any minor to be employed or permitted to work, in any -capacity whatsoever, in the separate or enclosed bar area of a place -where the main purpose of the area is the sale or consumption of -low-point beer. -The provisions of this subsection shall not apply to any area which has -as its main purpose some objective other than the sale or serving of -low-point beer, in which sales or serving of the beverages are -incidental to the main purpose; however, the incidental service of food -in the bar area shall not exempt a holder of a license to sell low-point -beer for consumption on the premises from the provisions of this -subsection. -.IP " 3." 4 -A parent in regard to the employment of his own child is exempted from -the provisions of this section, provided that such employment shall in -no capacity whatsoever be related to the selling or dispensing of such -beverages. -.IP " 4." 4 -The provisions of subsection (A) of this section shall not apply to any -business or establishment where sales of the beverages do not exceed 25 -percent of the gross sales of the business or establishment. -.LP -(Code 1999, § 3-208) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. -§ 243. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-209_Sale_Of_Low-Point_Beer_Prohibited_During_Certain_Hours;_Exception" -A "\c" \ - -- "Sec 3-209 Sale Of Low-Point Beer Prohibited During Certain Hours; Exception" -\& -.IP " 1." 4 -No retailer licensed to sell low-point beer shall sell such beverages -for consumption on the premises between the hours of 2:00 a.m. -Sunday morning and 7:00 a.m. -Monday morning or between the hours of 2:00 a.m. -and 7:00 a.m. -on any other day. -.IP " 2." 4 -No retail dealer of any business selling low-point beer, as that term is -defined in this chapter, for consumption on the premises, nor any -operator, agent, or employee of the retail dealer, shall permit any -person, who has in his possession an open container having as its -contents a low-point beer, to remain on the premises between the hours -of 2:15 a.m. -to 7:00 a.m. -Mondays through Saturdays, or on Sundays after 7:00 a.m. -No person, having in his possession an open container having as its -contents a low-point beer, shall remain on the premises between the -hours of 2:15 a.m. -to 7:00 a.m. -Mondays through Saturdays, or on Sundays after the hour of 2:15 a.m. -For the purpose of this section, an open container shall mean any -receptacle containing low-point beer or intoxicating alcoholic beverage, -to include the original container of the beverage where the original -seal has been broken or opened. -.LP -(Code 1999, § 3-209) -.PP -\f[B]State Law reference\f[R]\[em] City powers to regulate hours, Sunday -hours, 37 O.S. -§ 213. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-210_Transportation_Of_Low-Point_Beer_In_Moving_Vehicle" -A "\c" \ - -- "Sec 3-210 Transportation Of Low-Point Beer In Moving Vehicle" -\& -.LP -No person shall knowingly transport in any moving vehicle upon a public -highway, street or alley within the city any low-point beer except in -the original container which shall have not been opened and from which -the original cap or seal shall have not been removed, unless the opened -container is in the rear trunk or rear compartment, which shall include -the spare tire compartment in a station wagon or panel truck, or any -outside compartment which is not accessible to the driver or any other -person in the vehicle while it is in motion. -.PP -(Prior Code, § 3-113; Code 1999, § 3-210) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. -§ 537. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-211_Minors_In_Possession_Of_Low-Point_Beer_Prohibited_While_In_Public" -A "\c" \ - -- "Sec 3-211 Minors In Possession Of Low-Point Beer Prohibited While In Public" -\& -.LP -No person under 21 years of age shall: -.IP " 1." 4 -Consume; or -.IP " 2." 4 -Possess with the intent to consume; -.LP -low-point beer, as defined in 37 O.S. -§ 163.2, in any public place. -Any person violating any of the provisions of this section shall be -guilty, upon conviction, of a misdemeanor and punished as provided in -section 1-108 or by appropriate community service not to exceed 20 -hours. -Provided, the provisions of this section shall not apply when such -persons are under the direct supervision of their parent or lawful -guardian, but in no instance shall this exception be interpreted to -allow such persons to consume such beverages in any place licensed to -dispense low-point beer as provided in 37 O.S. -§ 163.11. -.PP -(Prior Code, § 3-112; Code 1999, § 3-211; Ord. -No. -31(92), 7-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-212_Consumption_Of_Low-Point_Beer_In_Public_Places;_Penalty;_Exception" -A "\c" \ - -- "Sec 3-212 Consumption Of Low-Point Beer In Public Places; Penalty; Exception" -\& -.IP " 1." 4 -No person shall consume, or possess with intent to consume, low-point -beer in any public place, or upon any public street. -.IP " 2." 4 -Any person violating the provision of this section shall, upon -conviction, be guilty of a misdemeanor and shall be punished as provided -in section 1-108, or by appropriate community service not to exceed 20 -hours. -.IP " 3." 4 -The provisions of this section shall not prohibit a person who is of age -from consuming such beverages in any place licensed to dispense beer as -provided for in 37 O.S. -§ 163.11. -.LP -(Code 1999, § 3-212; Ord. -No. -31(92), 7-20-1992) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. -§ 246. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-213_Misrepresentation_Of_Age_By_False_Or_Altered_Documentation" -A "\c" \ - -- "Sec 3-213 Misrepresentation Of Age By False Or Altered Documentation" -\& -.LP -No person shall represent his age either orally or in writing or by -presenting false or altered documentation of age for the purpose of -inducing any person to sell him low-point beer. -.PP -(Code 1999, § 3-213) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-214_Inspections,_Sales_Tax_Records" -A "\c" \ - -- "Sec 3-214 Inspections, Sales Tax Records" -\& -.IP " 1." 4 -Every person subject to the provisions of this chapter shall, at the -request of the city, produce such state sales tax records as the city -might request within ten working days of such request, and the -application for the acceptance of any license hereunder shall -conclusively be deemed to be consent of the applicant and licensee to -produce such state sales tax records. -.IP " 2." 4 -The police department may make inspections of all places of business -where low-point beer is sold, distributed, or dispensed at retail, for -the purpose of enforcing the law and for ascertaining whether the -operators thereof are complying with the requirements of the law -relating to the handling of low-point beer. -.LP -(Code 1999, § 3-214) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-215_Glass_Area_And_Lighting_Requirements" -A "\c" \ - -- "Sec 3-215 Glass Area And Lighting Requirements" -\& -.IP " 1." 4 -All buildings and structures used or occupied as a place where low-point -beer is offered for sale for consumption on the premises shall be so -designed, constructed and maintained as to contain in the face of such -building fronting upon the nearest public way to which such building is -adjacent and used as the most public entrance a plate glass area forming -both the interior and exterior wall equivalent to 75 percent of the -total area of the face of such building computed on a square footage -basis between floor level and ceiling height. -.IP " 2." 4 -All plate glass required by this section shall be maintained in a clear, -unpainted and unobstructed condition, so as to permit clear visibility -of the interior of such building from without the same. -All areas of such building designed for use by the retail customers of -such establishment shall be lighted with incandescent or fluorescent -lights providing a minimum of 25 footcandles of light at all locations -within the area. -All such establishments containing less than the required percentage of -glassed area on the face of the building as of the date of passage of -this section shall keep and maintain all of the existing glassed area on -the face of the building in a clear, unpainted and unobstructed -condition and shall not enlarge or extend the building without -compliance with the provisions of this section. -.LP -(Prior Code, § 3-109, 3-110; Code 1999, § 3-215) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-3_PROHIBITING_GATHERINGS_WHERE_MINORS_ARE_CONSUMING_ALCOHOLIC_BEVERAGES" -A "\c" \ - -- "CHAPTER 3-3 PROHIBITING GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC BEVERAGES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-301_Permitting_Or_Allowing_Gathering_Where_Minors_Are_Consuming_Alcoholic_Beverages" -A "\c" \ - -- "Sec 3-301 Permitting Or Allowing Gathering Where Minors Are Consuming Alcoholic Beverages" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-301_Permitting_Or_Allowing_Gathering_Where_Minors_Are_Consuming_Alcoholic_Beverages" -A "\c" \ - -- "Sec 3-301 Permitting Or Allowing Gathering Where Minors Are Consuming Alcoholic Beverages" -\& -.IP " 1." 4 -\f[I]Definitions\f[R]. -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.br -\f[I] -.br -Alcohol\f[R] means ethyl alcohol, hydrated oxide of ethyl, or spirits of -wine, from whatever source or by whatever process produced. -.br -\f[I] -.br -Alcoholic beverage\f[R] includes alcohol, spirits, liquor, wine, beer, -and every liquid or solid containing alcohol, spirits, wine, or beer, -and which contains one-half of one percent or more of alcohol by volume -and which is fit for beverage purposes either alone or when diluted, -mixed, or combined with other substances. -The term \[dq]alcoholic beverage\[dq] includes intoxicating beverages -and low-point beer as defined herein. -.br -\f[I] -.br -Gathering\f[R] means a party, gathering, or event, where a group of -three or more persons have assembled or are assembling for a social -occasion or social activity. -.br -\f[I] -.br -Intoxicating beverage\f[R] includes beverages containing more than 3.2 -percent alcohol by weight. -.br -\f[I] -.br -Legal guardian\f[R] means: -.RS 4 -.IP " 1." 4 -A person who, by court order, is the guardian of the person of a minor; -or -.IP " 2." 4 -A public or private agency with whom a minor has been placed by the -court. -\f[I]Low-point beer\f[R] means and includes beverages containing more -than one-half of one percent alcohol by volume, and not more than 3.2 -percent alcohol by weight, including, but not limited to, beer or cereal -malt beverages obtained by the alcoholic fermentation of an infusion of -barley or other grain, malt or similar products. -.br -\f[I] -.br -Minor\f[R] means any person under 21 years of age. -.br -\f[I] -.br -Parent\f[R] means a person who is a natural parent, adoptive parent, -foster parent, or step-parent of another person. -.br -\f[I] -.br -Premises\f[R] means any residence or other private property, place, or -premises, including any commercial or business premises. -.br -\f[I] -.br -Response costs\f[R] are the costs associated with responses by law -enforcement, fire, and other emergency response providers to a -gathering, including, but not limited to: -.IP " 1." 4 -Salaries and benefits of law enforcement, code enforcement, fire, or -other emergency response personnel for the amount of time spent -responding to, remaining at, or otherwise dealing with a gathering, and -the administrative costs attributable to such response; -.IP " 2." 4 -The cost of any medical treatment for any law enforcement, code -enforcement, fire, or other emergency response personnel injured -responding to, remaining at, or leaving the scene of a gathering; -.IP " 3." 4 -The cost of repairing any city equipment or property damaged, and the -cost of the use of any such equipment, in responding to, remaining at, -or leaving the scene of a gathering; and -.IP " 4." 4 -Any other allowable costs related to the enforcement of this section. -.RE -.IP " 2." 4 -\f[I]Consumption of alcohol by minor in public place, place open to -public, or place not open to the public\f[R]. -Except as permitted by state law, it is unlawful for any minor to -consume at any place not open to the public any alcoholic beverage, -unless in connection with the consumption of an alcoholic beverage that -minor is being supervised by his parent or legal guardian. -.IP " 3." 4 -\f[I]Hosting, permitting, or allowing a party, gathering, or event where -minors consume alcoholic beverages prohibited\f[R]. -.RS 4 -.IP " 1." 4 -.IP " 1." 4 -It is the duty of any person having control of any premises, who -knowingly hosts, permits, or allows a gathering at said premises, to -take all reasonable steps to prevent the consumption of alcoholic -beverages by any minor at the gathering. -Reasonable steps are controlling access to alcoholic beverages at the -gathering; controlling the quantity of alcoholic beverages present at -the gathering; verifying the age of persons attending the gathering by -inspecting drivers\[aq] licenses or other government-issued -identification cards to ensure that minors do not consume alcoholic -beverages while at the gathering; and supervising the activities of -minors at the gathering. -.IP " 2." 4 -It is unlawful for any person having control of any premises to -knowingly host, permit, or allow a gathering to take place at said -premises where at least one minor consumes an alcoholic beverage, -whenever the person having control of the premises either knows a minor -has consumed an alcoholic beverage or reasonably should have known that -a minor consumed an alcoholic beverage had the person taken all -reasonable steps to prevent the consumption of an alcoholic beverage by -a minor as set forth in subsection (C)(1)a of this section. -.IP " 2." 4 -This section shall not apply to conduct involving the use of alcoholic -beverages that occurs exclusively between a minor and his parent or -legal guardian. -.IP " 3." 4 -Nothing in this section should be interpreted to prohibit any family -activity held in the confines of the family home from providing the use -of alcohol to immediate family members within the supervision of parents -and guardians. -However, if a minor leaves such a family gathering intoxicated and is -found in public then said providers of alcohol will be held responsible -in the same manner as a non-family gathering. -.IP " 4." 4 -Nothing in this section should be interpreted to prohibit any religious -practice which includes the use of alcohol. -However, if a minor leaves such a religious gathering intoxicated and is -found to be in public then said providers of alcohol will be held -responsible in the same manner as a non-religious gathering. -.IP " 5." 4 -This section shall not apply to any premises licensed by the state to -dispense alcoholic beverages. -.RE -.IP " 4." 4 -\f[I]Penalty\f[R]. -Any person violating the provisions of this section shall be punished -pursuant to the terms of section 1-108. -.IP " 5." 4 -\f[I]Reservation of legal options\f[R]. -Violations of this section may be prosecuted by the city criminally, -civilly, and/or administratively as provided by this Code. -The city may seek administrative fees and response costs associated with -enforcement of this section through all remedies or procedures provided -by statute, ordinance, or law. -This section shall not limit the authority of peace officers or private -citizens to make arrests for any criminal offense arising out of conduct -regulated by this section, nor shall they limit the city\[aq]s ability -to initiate and prosecute any criminal offense arising out of the same -circumstances necessitating the application of this section. -.IP " 6." 4 -\f[I]Local authority.\f[R] This section shall not apply where prohibited -or preempted by state or federal law. -.LP -(Code 1999, § 3-301; Ord. -No. -601(07), 11-19-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_4_ANIMALS" -A "\c" \ - -- "PART 4 ANIMALS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_4-1_GENERAL_PROVISIONS" -A "\c" \ - -- "CHAPTER 4-1 GENERAL PROVISIONS" -\& -.br -.LP -\f[B] -.br -State Law reference\f[R]\[em] City powers to regulate animals, 11 O.S. -§ 22-115 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_4-1_GENERAL_PROVISIONS" -A "\c" \ - -- "CHAPTER 4-1 GENERAL PROVISIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1A_ANIMAL_REGULATIONS" -A "\c" \ - -- "ARTICLE 4-1A ANIMAL REGULATIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1B_REGISTRATION_AND_VACCINATION_OF_ANIMALS" -A "\c" \ - -- "ARTICLE 4-1B REGISTRATION AND VACCINATION OF ANIMALS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1C_IMPOUNDMENT_REGULATIONS" -A "\c" \ - -- "ARTICLE 4-1C IMPOUNDMENT REGULATIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1D_CRUELTY_TO_ANIMALS" -A "\c" \ - -- "ARTICLE 4-1D CRUELTY TO ANIMALS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1E_RABIES_AND_ANIMAL_BITES" -A "\c" \ - -- "ARTICLE 4-1E RABIES AND ANIMAL BITES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1F_VICIOUS_ANIMALS" -A "\c" \ - -- "ARTICLE 4-1F VICIOUS ANIMALS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1G_PENALTY" -A "\c" \ - -- "ARTICLE 4-1G PENALTY" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] City powers to regulate animals, 11 -O.S. -§ 22-115 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1A_ANIMAL_REGULATIONS" -A "\c" \ - -- "ARTICLE 4-1A ANIMAL REGULATIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-101_Definitions" -A "\c" \ - -- "Sec 4-101 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-102_Running_At_Large,_Owners_Cited;_Enclosures" -A "\c" \ - -- "Sec 4-102 Running At Large, Owners Cited; Enclosures" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-103_Control_Of_Animals_Required,_At_Large_And_Sanitation" -A "\c" \ - -- "Sec 4-103 Control Of Animals Required, At Large And Sanitation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-104_Keeping_And_Raising_Of_Fowl" -A "\c" \ - -- "Sec 4-104 Keeping And Raising Of Fowl" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-105_Keeping_Of_Swine" -A "\c" \ - -- "Sec 4-105 Keeping Of Swine" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-106_Buildings,_Structures_For_Animals;_Location" -A "\c" \ - -- "Sec 4-106 Buildings, Structures For Animals; Location" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-107_Number_Of_Animals_Restricted,_Kennels" -A "\c" \ - -- "Sec 4-107 Number Of Animals Restricted, Kennels" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-108_Noisy_Animals;_Complaint_Procedure_For_Animals_Which_Disturb,_Are_In_Violation_Of_Code" -A "\c" \ - -- "Sec 4-108 Noisy Animals; Complaint Procedure For Animals Which Disturb, Are In Violation Of Code" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-109_Keeping_Of_Wild_Or_Exotic_Animals" -A "\c" \ - -- "Sec 4-109 Keeping Of Wild Or Exotic Animals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-110_Pasturing_In_Public_Areas_Illegal" -A "\c" \ - -- "Sec 4-110 Pasturing In Public Areas Illegal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-111_Riding_On_Streets;_Racing_Animals" -A "\c" \ - -- "Sec 4-111 Riding On Streets; Racing Animals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-112_Keeping_Of_Bees" -A "\c" \ - -- "Sec 4-112 Keeping Of Bees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-113_Use_Of_Metal_Traps" -A "\c" \ - -- "Sec 4-113 Use Of Metal Traps" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-114_Refusal_To_Deliver_Animal_To_Animal_Control_Officer" -A "\c" \ - -- "Sec 4-114 Refusal To Deliver Animal To Animal Control Officer" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-115_Feeding_Of_Wild_Animals" -A "\c" \ - -- "Sec 4-115 Feeding Of Wild Animals" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-101_Definitions" -A "\c" \ - -- "Sec 4-101 Definitions" -\& -.IP " 1." 4 -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.br -\f[I] -.br -Adequate care\f[R] means normal and prudent attention to the needs of an -animal including wholesome food, clean water, shelter and healthcare as -necessary to maintain good health in a specific species of animal. -.br -\f[I] -.br -Adequate food\f[R] means provisions at suitable intervals at no more -than 12 hours unless dietary requirements of the species require a -longer interval, of a quality, wholesome food suitable for the species -and age, sufficient to maintain a reasonable level of nutrition in each -animal, served in a safe receptacle, dish or container. -.br -\f[I] -.br -Adequate water\f[R] means the continual access to or access at suitable -intervals not less than once each eight hours for at least on hour to a -supply of clean, fresh, unfrozen, potable water provided in a sanitary -manner suitable for the species, condition and age of the animal and in -sufficient amounts to maintain good health in the animal. -Such water shall be provided in a secure manner so the container cannot -be overturned. -.br -\f[I] -.br -Adequate shelter\f[R] means structurally sound, properly ventilated, -sanitary, dry and weather proof shelter suitable for the species, age -and condition of the animal which is free of litter or hazardous -substances and objects, contains clean and dry bedding material and -which provides access to shade from direct sunlight and regress from -inclement weather conditions. -Shelter shall be fully enclosed on three sides, roofed and a solid -floor. -The entrance to the shelter shall be flexible to allow the animal\[aq]s -entry and exit and sturdy enough to block entry of wind or rain. -The shelter shall be small enough to retain the animal\[aq]s body heat -and large enough to allow the animal to stand and turn around -comfortably. -Unacceptable shelter includes, but is not limited to, barrels, pipes, -crates, cardboard boxes, pet carriers or tarpaulins. -.br -\f[I] -.br -Animal\f[R] means livestock, creatures, fowl, dogs, cats, or ferrets -except fowl shall not apply to the term \[dq]animal\[dq] when dealing -with rabies issues. -.br -\f[I] -.br -Animal control authority\f[R] means the animal control section of the -city or its representative directed by the city manager for the welfare -of the city. -.br -\f[I] -.br -Animal control officer\f[R] means the persons employed by the animal -control authority or appointed by the city manager to enforce this -chapter. -.br -\f[I] -.br -Animal shelter\f[R] means any premises designated by action of the -council for the purposes of impounding and caring for animals. -.br -\f[I] -.br -At large\f[R] or \f[I]running at large\f[R] means any animal (except -cats) not under the control of a competent person. -As applied to animals, the term \[dq]at large\[dq] or \[dq]running at -large\[dq] means: -.RS 4 -.IP " 1." 4 -\f[I]Off-premises\f[R]. -Any animal (except cats) which is not restrained by means of a leash or -chain of sufficient strength and not more than six feet in length to -control the actions of such animal while off the owner\[aq]s property; -and -.IP " 2." 4 -\f[I]On-premises\f[R]. -Any animal (except cats) not confined within the owner\[aq]s property by -a substantial fence of sufficient strength and height to prevent the -animal from escaping therefrom, or secured on the premises by a metal -chain or leash sufficient in strength to prevent the animal from -escaping from the owner\[aq]s property and so arranged so that the -animal will remain upon the property when the leash is stretched to full -length. -A dog intruding upon the property of another person other than the owner -shall be termed running at large. -Any animal within an automobile or other vehicle of its owner or -owner\[aq]s agent shall not be deemed running at large. -\f[I]Body harness\f[R] means a set of straps that extend around the -chest and mid-section of the animal\[aq]s body, so as to not tighten -around the animal\[aq]s neck when the animal pulls at the end of the -tether. -.br -\f[I] -.br -Cat\f[R] means any member of the feline family. -.br -\f[I] -.br -Collar\f[R] means a band of leather or soft material fastened around the -neck of an animal as to attach a license, tag or tether. -.br -\f[I] -.br -Compendium\f[R] means the most recent version of compendium of animal -rabies control established by the National Association of State Public -Health Veterinarians Inc., adopted by the animal control authority. -.br -\f[I] -.br -Creature\f[R] means a domesticated animal used as a household pet such -as a hamster, gerbil or similar animal. -.br -\f[I] -.br -Dangerous animal\f[R]. -See Vicious canine. -.br -\f[I] -.br -Dog\f[R] means any member of the canine family. -.br -\f[I] -.br -Domesticated\f[R] means trained or adapted for use in a human -environment. -.br -\f[I] -.br -Domesticated birds\f[R] means canaries, parrots, parakeets, myna birds, -peacocks, birds of paradise or other birds tamed to the household or -pertaining thereto. -.br -\f[I] -.br -Enclosure\f[R] means, while on the property of the owner, secure -confinement indoors or in a securely enclosed and locked pen or -structure, suitable to prevent entry and designed to prevent the animal -from escaping. -.br -\f[I] -.br -Euthanized\f[R] means to put to death in a humane manner. -.br -\f[I] -.br -Exposed to rabies\f[R] means any animal (except fowl) that has been -bitten by or exposed to any other animal known to have been infected -with rabies. -.br -\f[I] -.br -Fowl\f[R] means domesticated chickens, guineas, geese, ducks and -pigeons, peacocks and turkeys. -.br -\f[I] -.br -Harbor\f[R] means to feed or shelter an animal at the same location for -five or more consecutive days. -.br -\f[I] -.br -Impound\f[R] means to apprehend, catch, trap, net or if necessary, kill -any animal by the animal control authority or its agent. -.br -\f[I] -.br -Impounding facilities\f[R] means any premises designed by the city for -the purpose of impounding and caring for all animals found in violation -of this chapter. -.br -\f[I] -.br -Keeper\f[R] means any person, family, firm or corporation owning or -actually keeping, having, using or maintaining any of the animals herein -referred to. -.br -\f[I] -.br -Kennel\f[R] means any place where four or more dogs or four or more -cats, more than six months of age, are kept, sheltered or fed and -watered. -.br -\f[I] -.br -License\f[R] means annual pet registration required by the city for -animals vaccinated against rabies, issued by the animal control -authority. -.br -\f[I] -.br -Livestock\f[R] means domestic animals such as swine, horses, mules, -asses, sheep, goats or cattle. -When these terms are used herein, it shall include any related member of -the species. -.br -\f[I] -.br -Muzzle\f[R] means a device constructed of strong, soft material or a -metal muzzle such as that used commercially with greyhounds. -The muzzle must be made in a manner which will not cause injury to the -animal or interfere with its vision or respiration, but must prevent it -from biting any person, animal or livestock. -.br -\f[I] -.br -Neuter\f[R] means to render a male animal unable to reproduce. -.br -\f[I] -.br -Non choke type\f[R] \f[I]collars\f[R] means a collar that when worn by -an animal does not constrict or choke the animal when the animal pulls -or extends the attached tether. -.br -\f[I] -.br -Nuisance animal\f[R] means the conduct or behavior of any animal which -molests passersby or passing vehicles; attacks other animals; damages -private or public property; barks, whines, howls, crows or makes other -noises in an excessive, continuous fashion which annoys the comfort, -repose, health or safety of the people in the community; unconfined in -season; or a vicious animal not confined as required by this chapter. -.br -\f[I] -.br -Owner\f[R] or \f[I]keeper\f[R] means any person, group of persons or -corporation owning, keeping or harboring animals, fowl or birds. -.br -\f[I] -.br -Provoke\f[R] or \f[I]provocation\f[R] means, with respect to an attack -by an animal, that the animal was hit, kicked or struck by a person with -an object or part of a person\[aq]s body or that any part of the -animal\[aq]s body is pulled, pinched or squeezed by a person. -.br -\f[I] -.br -Rabies policy and procedure\f[R] means the \[dq]compendium\[dq] unless -otherwise stated. -.br -\f[I] -.br -Ratproof\f[R] means that state of being constructed so as to effectively -prevent entry of rats. -.br -\f[I] -.br -Registration and vaccination for rabies\f[R] means the procedure of -vaccinating for rabies and issuing an identification number and an -appropriate certificate issued by a licensed veterinarian. -.br -\f[I] -.br -Restraint\f[R] means that an animal is controlled by leash or tether, -either of which shall not exceed six feet in length, by a competent -person, or is within any vehicle, trailer or other conveyance being -driven, pulled or parked on the street, or is confined within the -property limits of its owner or keeper. -.br -\f[I] -.br -Sanitary\f[R] means any condition of good odor and cleanliness which -precludes the probability of disease transmission and insect breeding -and which preserves the health of the city. -.br -\f[I] -.br -Severe injury\f[R] means any physical injury that results in bruising, -lacerations, or causing blood to be drawn. -.br -\f[I] -.br -Spay\f[R] means to render a female animal incapable to reproduce. -.br -\f[I] -.br -Tag\f[R] means any object that bears a registration number and the words -\[dq]registered and vaccinated for rabies\[dq] in the shape and color -recognized by the National Association of State Public Health -Veterinarians which has been issued by a veterinarian. -.br -\f[I] -.br -Tether\f[R] means a rope, chain, or cable that is attached to an -animal\[aq]s collar or harness for the purpose of restraining the -animal. -.br -\f[I] -.br -Vaccination\f[R] means a treatment with a vaccine to produce an immunity -against disease. -.br -\f[I] -.br -Veterinarian\f[R] means a person holding a current state license -qualified to treat diseased or injured animals. -.br -\f[I] -.br -Vicious canine\f[R] means: -.IP " 1." 4 -.IP " 1." 4 -Any canine which, according to the records of the appropriate authority, -has inflicted severe injury on a human being without provocation on -public or private property where such a person is conducting himself -peaceably and lawfully; -.IP " 2." 4 -Any canine which, according to the records of the appropriate authority, -requires a defensive action by any person to prevent bodily injury or -property damage without provocation on public or private property where -such a person is conducting himself peaceably and lawfully; -.IP " 3." 4 -Any canine which, according to the records of the appropriate authority, -has killed a domestic animal or livestock without provocation while off -the owner\[aq]s property or has caused economic loss to the owner of -livestock as a result of the canine\[aq]s attacking or harassing the -livestock; -.IP " 4." 4 -Any canine owned or harbored primarily or in part for the purpose of -canine fighting or any canine trained for canine fighting; or -.IP " 2." 4 -All other words, terms or phrases used herein shall be defined and -interpreted according to their common usage. -.RE -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-102_Running_At_Large,_Owners_Cited;_Enclosures" -A "\c" \ - -- "Sec 4-102 Running At Large, Owners Cited; Enclosures" -\& -.IP " 1." 4 -Any animal (excluding cats), running at large in the city may be taken -up by the animal control officer and impounded at the animal shelter. -Employees of the city animal control authority shall have the authority -to enter upon the owners property in pursuing a dog which is running at -large and they shall have authority to open gates, cross fences and take -whatever steps that are necessary to impound the dog running at large, -except nothing in this section shall be construed to authorize the city -employee to enter into a dwelling of a person. -The animal control officer may, at their discretion, cite the owner of -such animal to appear in municipal court to answer charges of each -violation of this chapter. -Upon a first conviction for violation of this section, such violation -shall be punishable by a maximum fine of $500.00 plus court costs. -Upon a second conviction within a twelve month period for conviction of -a violation of this section, such violation shall be punishable by a -minimum fine of $250.00 up to a maximum of $500.00 plus court costs. -Upon a third and all subsequent convictions within a twelve month period -for violation of this section, such violation shall be punishable by a -minimum fine of $400.00 up to a maximum of $500.00 plus court costs. -.IP " 2." 4 -Every person who owns or has charge of any animal within the city shall -be required to keep the domestic animal within a suitable enclosure and -to restrain the animal from running at large. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785531_Ordinance%20968.21.pdf" -A "\c" \ - -- "968(21)" -\& on 3/15/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-103_Control_Of_Animals_Required,_At_Large_And_Sanitation" -A "\c" \ - -- "Sec 4-103 Control Of Animals Required, At Large And Sanitation" -\& -.IP " 1." 4 -It is unlawful for any owner or person to: -.RS 4 -.IP " 1." 4 -Fail to prevent any animal (except cats) from running at large within -the city; or -.IP " 2." 4 -Perform, do or carry out any inhumane treatment against any animal; or -.IP " 3." 4 -Keep, possess, own, control, maintain, use or otherwise exercise -dominion over any animal which by reason of noise, odor or sanitary -conditions becomes offensive to a reasonable and prudent person of -ordinary tastes and sensibilities, or which constitutes or becomes a -health hazard as determined by the health officer or animal control -officer; or -.IP " 4." 4 -Turn any animal at large or release an animal which is restrained or -confined in an enclosure as required by this chapter; or -.IP " 5." 4 -Harbor, keep or have possession of a nuisance animal as defined in this -chapter. - -.RE -.IP " 2." 4 -.IP " 1." 4 -No owner, keeper, or person having control of any animal shall fail to -immediately remove and dispose of in a sanitary manner any solid waste -deposited by such animal upon any sidewalk, public park, alley, other -place open to the public, or from private property before the owner -leaves the immediate area where the solid waste was deposited. -.IP " 2." 4 -No owner, keeper, or person having control of any animal shall fail to -have in his possession the equipment necessary to remove his -animal\[aq]s solid waste when accompanied by said animal on public -property. -.IP " 3." 4 -No owner, keeper or person having control of any animal shall permit -such animal to destroy or damage property of any kind or to deposit -solid waste or to commit a similar nuisance on the private property of a -person or the property of the city, including its parks and playgrounds, -or any property other than that of the owner of the animal. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-104_Keeping_And_Raising_Of_Fowl" -A "\c" \ - -- "Sec 4-104 Keeping And Raising Of Fowl" -\& -.LP -Keeping of fowl is prohibited in the city limits except on property -zoned A1 or A2. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-105_Keeping_Of_Swine" -A "\c" \ - -- "Sec 4-105 Keeping Of Swine" -\& -.IP " 1." 4 -Keeping and raising of swine and other livestock is prohibited in the -City limits except on property zoned A1 or A2. -.RS 4 -.IP " 1." 4 -Asian pot-bellied swine or other similar small swine located outside of -zone A1 or A2 will be permitted only under the following conditions: -.RS 4 -.IP " 1." 4 -Each pot-bellied swine shall be a pet that is to be kept for personal -enjoyment and not kept or raised for human consumption; -.IP " 2." 4 -\ Each pot-bellied swine shall be registered through a bona fide -registry firm; -.IP " 3." 4 -There shall not be more than two pot-bellied swine of more than three -months of age per residence; and -.IP " 4." 4 -Swine must be registered with the City of Moore Animal Control on or -before October 1, 2023 with proof of ownership (veterinary bills, etc.) -prior to February 1, 2023. -.RE -.RE -.IP " 2." 4 -Nothing in this section shall be deemed to limit or hinder city or state -health enforcement personnel from restricting or removing, or requiring -the removal of, any such swine from the city if such an action is deemed -necessary to promote or protect the health and safety of the inhabitants -of the city. -Furthermore, any regulation promulgated by the state department of -health or statute adopted by the legislature relating to pot-bellied -pigs or other small swine shall be deemed applicable to any such swine -or pot-bellied pigs authorized by this section. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692208673_1032.23%20signed.pdf" -A "\c" \ - -- "1032.23" -\& on 6/5/2023 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-106_Buildings,_Structures_For_Animals;_Location" -A "\c" \ - -- "Sec 4-106 Buildings, Structures For Animals; Location" -\& -.IP " 1." 4 -Every building or place where any animal is kept shall be constructed of -such material and in such manner that it can be kept clean and sanitary -at all times. -.IP " 2." 4 -No place where an animal is kept shall be maintained closer than 25 feet -to the premises of an apartment, hotel, restaurant, boardinghouse, food -store, building used for educational, religious or hospital purposes, or -dwelling other than that occupied by the owner or occupant of the -premises upon which the animal is kept. -.IP " 3." 4 -Every building where any livestock is kept, if located within 200 feet -of any apartment, hotel, restaurant, boardinghouse, food store, building -used for educational, religious or hospital purposes, or any dwelling -other than that occupied by the owner or occupant of the premises upon -which the animal is kept, shall be provided with a watertight and -flytight receptacle for manure, of such size as to hold all accumulation -of manure. -The receptacle shall be emptied sufficiently often and in such manner as -to prevent it from being or becoming a nuisance, and shall be kept -covered at all times except when open during the deposit or removal of -manure or refuse. -No manure shall be allowed to accumulate on such premises except in the -receptacle. -.IP " 4." 4 -The animal control officer shall inspect any structure or place where an -animal is kept on his own initiative or upon complaint. -He may issue any such reasonable order as he may deem necessary to the -owner of such animal to cause the animal to be kept as required in this -chapter or in a manner so as not to constitute a nuisance. -He may make a complaint before the city court against any person for -violation of any provision of this chapter, or of any such reasonable -order. -.IP " 5." 4 -The placement of any structure must comply with all of the regulations -set out within part 12, \[dq]Planning, Zoning, and Development,\[dq] and -the adopted Land Development Code. -.IP " 6." 4 -The construction, materials, and building use must comply with all of -the adopted regulations set out in part 5, \[dq]Building Regulations and -Codes,\[dq] of the Code of Ordinances. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-107_Number_Of_Animals_Restricted,_Kennels" -A "\c" \ - -- "Sec 4-107 Number Of Animals Restricted, Kennels" -\& -.IP " 1." 4 -No more than four animals, more than six months of age, may be kept on -any lot, premises or in any structure, except in a kennel. -Not more than one litter of puppies born to one female dog or one litter -of kittens born to one female cat may be kept on any lot or premises or -kept in any structure except in a kennel. -.IP " 2." 4 -It is unlawful for any person to have, run, maintain or operate any -kennel or any place for the sale, exchange, breeding or training of pet -animals within the city except in accordance with the zoning ordinance. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-108_Noisy_Animals;_Complaint_Procedure_For_Animals_Which_Disturb,_Are_In_Violation_Of_Code" -A "\c" \ - -- "Sec 4-108 Noisy Animals; Complaint Procedure For Animals Which Disturb, Are In Violation Of Code" -\& -.IP " 1." 4 -No person shall keep any animal which causes frequent or long-continued -noise so as to disturb the comfort or repose of any reasonable person in -the vicinity. -Any violation of this section is declared to be a nuisance and as such -may be abated. -.IP " 2." 4 -Any person with knowledge thereof may file a complaint in the municipal -court against the owner or keeper of an animal which disturbs the -comfort or repose of any reasonable person in the vicinity or which is -in violation of this chapter. -If the court finds that an animal is a nuisance or in violation of this -chapter, then the court may order the owner or keeper to prevent and -abate the nuisance, or order the animal impounded with the owner or -keeper to pay impoundment costs, or order punishment as provided in -paragraph C below. -.IP " 3." 4 -1) Upon a first conviction for violation of this section, such violation -shall be punishable by a maximum fine of $500.00 plus court costs. -2) Upon a second conviction within a twelve month period for conviction -of a violation of this section, such violation shall be punishable by a -minimum fine of $250.00 up to a maximum of $500.00 plus court costs. -3) Upon a third and all subsequent convictions within a twelve month -period for violation of this section, such violation shall be punishable -by a minimum fine of $400.00 up to a maximum of $500.00 plus court -costs. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785234_Ordinance%20965.21.pdf" -A "\c" \ - -- "965(21)" -\& on 3/1/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-109_Keeping_Of_Wild_Or_Exotic_Animals" -A "\c" \ - -- "Sec 4-109 Keeping Of Wild Or Exotic Animals" -\& -.IP " 1." 4 -For the purpose of this section, a wild or exotic animal means an animal -which is usually not a domestic animal and which can normally be found -in the wild state, with or without mean or vicious propensities, -including, but not limited to, lions, tigers, leopards, panthers, bears, -wolves, alligators, crocodiles, apes, foxes, elephants, rhinoceroses, -and all forms of poisonous or large snakes, including those considered -dangerous, such as boas and pythons, lynxes, raccoons, skunks, monkeys -and like animals. -.IP " 2." 4 -It is unlawful to keep or harbor any wild or exotic animal in the city -limits as a pet or for display or for exhibition purposes, whether -gratuitously or for a fee, except as provided in this section. -.IP " 3." 4 -This section shall not apply to zoological parks or zoos, performing -animal exhibitions, circuses, educational or medical institutions in -accordance with any applicable regulations of the council. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-110_Pasturing_In_Public_Areas_Illegal" -A "\c" \ - -- "Sec 4-110 Pasturing In Public Areas Illegal" -\& -.LP -It is unlawful for any person to pasture any animal on any public -property or private property without the consent of the person owning or -controlling the property. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-111_Riding_On_Streets;_Racing_Animals" -A "\c" \ - -- "Sec 4-111 Riding On Streets; Racing Animals" -\& -.IP " 1." 4 -No person shall ride or lead any horse or other animal or drive any -wagon, carriage or other vehicle on the streets in the business district -or intensive residential district without a permit as may be issued by -the city manager. -.IP " 2." 4 -It is unlawful for any person to race any animal or recklessly ride an -animal on or over any street or on any public grounds in the city. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-112_Keeping_Of_Bees" -A "\c" \ - -- "Sec 4-112 Keeping Of Bees" -\& -.LP -No person shall keep or permit the keeping of bees or for any person to -own, harbor or possess a beehive unless zoned A1 or A2. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-113_Use_Of_Metal_Traps" -A "\c" \ - -- "Sec 4-113 Use Of Metal Traps" -\& -.IP " 1." 4 -The use of metal traps is hereby prohibited inside the city, unless such -traps are used in accordance with the provisions of this section. -.IP " 2." 4 -For purposes of this section, the term \[dq]metal trap\[dq] is defined -as a metal clamping device which is made of metal generally used for the -purpose of trapping animals, which device has metal jaws which close -upon the animal so as to trap the animal between the jaws of the trap. -.IP " 3." 4 -Metal traps as defined in this section may be used only by individuals -currently in possession of a nuisance wildlife control operator permit -through ODWC. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-114_Refusal_To_Deliver_Animal_To_Animal_Control_Officer" -A "\c" \ - -- "Sec 4-114 Refusal To Deliver Animal To Animal Control Officer" -\& -.LP -No person shall refuse to deliver up to the animal control officer an -animal when requested to do so under the provisions of this chapter. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-115_Feeding_Of_Wild_Animals" -A "\c" \ - -- "Sec 4-115 Feeding Of Wild Animals" -\& -.IP " 1." 4 -Purpose. -The intent of this section is to protect the health, safety, and welfare -of the community and its wildlife by prohibiting the feeding of wild -animals and waterfowl on public and private property within the -corporate limits of the City of Moore. -The feeding of waterfowl and other wild animals increases the potential -for damage to public parks and private property. -It also elevates the potential for the spread of disease in people and -companion animals. -In addition, it is the intent of this section to protect the welfare of -the waterfowl and wild animals themselves. -Wildlife studies have shown that feeding waterfowl and other wild -animals can interrupt their normal migration patterns, can make them -more aggressive in demanding food, cause nutritional problems, expose -them and our citizens to danger by eliminating the animals\[cq] natural -fear of predators, and promote the spread of diseases and -disease-carrying parasites.\ -.IP " 2." 4 -Definitions. -As used in this section, the following terms shall have the meanings -indicated: -.RS 4 -.IP " 1." 4 -BIRD FEEDER. -A container, receptacle or apparatus designed for the feeding of -songbirds or other backyard birds. -.IP " 2." 4 -FEED. -To give, place, expose, deposit, distribute or scatter any edible -material which can be utilized for consumption by wild animals. -Feeding does not include legal baiting for the legal taking of fish -and/or game. -.IP " 3." 4 -PERSON. -Any individual, corporation, company, partnership, firm, association, or -political subdivision of this state subject to municipal jurisdiction. -.IP " 4." 4 -WATERFOWL. -Wildfowl of the order Anseriformes, especially members of the family -Anatidae which includes any bird that swims, frequents the water, or -lives about rivers, lakes, or other bodies of water, including but not -limited to ducks, geese, swan and gulls. -.IP " 5." 4 -WILD ANIMAL. -Any animal, which is usually not a domestic animal and which can -normally be found in the wild state, with or without mean or vicious -propensities, including, but not limited to, coyotes, deer, leopards, -panthers or other feral cats, bears, wolves, foxes, groundhogs, -squirrels, chipmunks, mice, rats, rabbits, opossums, raccoons, skunks, -and waterfowl.\ -.RE -.IP " 3." 4 -Prohibitions: -.RS 4 -.IP " 1." 4 -No person shall purposely or knowingly, feed or in any manner provide -access to food to any wild animal or waterfowl within the corporate -limits of the City, on lands either publicly or privately owned. -Feeding does not include baiting in the legal taking of fish and/or -game. -.IP " 2." 4 -Feeding of songbirds and other backyard birds, not including waterfowl, -shall be permitted outdoors at such times and in such a manner that: -.RS 4 -.IP " 1." 4 -The feeding does not create an unreasonable disturbance with wildlife; -.IP " 2." 4 -Any feed must be placed within a bird feeder with a maximum volume of -not more than one cubic foot, placed at least four feet above ground; -.IP " 3." 4 -Bird feeders are placed where wildlife other than songbirds and backyard -birds are unable to eat from them and do not become an attractant for -wild animals. -.RE -.RE -.IP " 4." 4 -PENALTY: Any person violating any of the provisions of this section -shall, upon conviction thereof, be punished as provided in Section -1-108. -.br -.LP -.br -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1014.22.pdf" -A "\c" \ - -- "1014.22" -\& on 7/18/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1B_REGISTRATION_AND_VACCINATION_OF_ANIMALS" -A "\c" \ - -- "ARTICLE 4-1B REGISTRATION AND VACCINATION OF ANIMALS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-121_Rabies_Vaccination_Required;_Certificate_Of_Vaccination;_Tags" -A "\c" \ - -- "Sec 4-121 Rabies Vaccination Required; Certificate Of Vaccination; Tags" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-122_Registration_Of_Animal_Pets" -A "\c" \ - -- "Sec 4-122 Registration Of Animal Pets" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-123_Register" -A "\c" \ - -- "Sec 4-123 Register" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-124_Tag_Placed_On_Collar;_Lost_Tags;_Counterfeit_Tags" -A "\c" \ - -- "Sec 4-124 Tag Placed On Collar; Lost Tags; Counterfeit Tags" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-121_Rabies_Vaccination_Required;_Certificate_Of_Vaccination;_Tags" -A "\c" \ - -- "Sec 4-121 Rabies Vaccination Required; Certificate Of Vaccination; Tags" -\& -.IP " 1." 5 -No person shall own, keep or harbor any dog or cat within the city -limits unless such dog or cat four months of age or older is vaccinated -for rabies. -.IP " 2." 5 -Unless the owner of any dog or cat furnishes written proof that the dog -or cat has been vaccinated for rabies by a licensed veterinarian in the -past 12 months, the owner shall be guilty of an offense. -.IP " 3." 5 -Inoculation must be by or under the supervision of a person licensed to -practice veterinary medicine in the state or other states. -.IP " 4." 5 -Inoculation must be with a vaccine approved by the United States -Department of Agriculture to prevent rabies. -Rabies vaccine currently licensed by the United States Department of -Agriculture will be recognized in the city for a one year immunization -period. -New vaccines which may be approved by the United States Department of -Agriculture will be recognized as complying with this chapter. -.IP " 5." 5 -Ten days shall be permitted for an owner to secure revaccination of his -dog or cat after the previous time has lapsed. -.IP " 6." 5 -Every veterinarian, after vaccinating a dog or cat for rabies, shall -issue a legible certificate, one copy to be retained by the veterinarian -and one copy to be retained by the animal owner, who, upon request, -shall show the certificate to the city. -Such certification shall include the following information: -.RS 5 -.IP " 1." 4 -Owner\[aq]s full name, address, zip code and telephone number; -.IP " 2." 4 -Breed, date of birth, sex and color or marking of the dog or cat; -.IP " 3." 4 -Type of vaccine and duration of immunity; -.IP " 4." 4 -Signature of the veterinarian or other authorized person administering -the vaccination; and -.IP " 5." 4 -Name of the animal, if applicable. -.RE -.IP " 7." 5 -When a veterinarian vaccinates a dog or cat against rabies, he shall -issue to the owner of such dog or cat a metal tag or certificate -evidencing such vaccination and the year of vaccination. -.IP " 8." 5 -It shall be the duty of the owner of the dog or cat to attach the tag or -certificate issued to him pursuant to subsection (G) of this section to -the dog or cat and it shall be unlawful for any person to remove such -tag or certificate without the owner\[aq]s consent. -.IP " 9." 5 -No person shall provide a facsimile or deface or change the tag or -vaccination certificate issued in any way which shall make or cause the -tag to appear valid for a longer period of time than originally -intended. -.IP " 10." 5 -A tag or rabies vaccination certificate shall not be transferred from -the dog or cat for which it was issued to any other dog or cat. -.LP -\f[B]State Law reference\f[R]\[em] City\[aq]s power to regulate dogs, 11 -O.S. -§ 22-115. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-122_Registration_Of_Animal_Pets" -A "\c" \ - -- "Sec 4-122 Registration Of Animal Pets" -\& -.LP -Every person owning or harboring within the city any dog, cat, or ferret -over the age of four months shall pay an annual tax in such sums as set -by the council by motion or resolution for each male or spayed female, -and for each unspayed female, owned or harbored. -The license shall become due and payable annually with documentation of -current rabies vaccination. -The animal control shelter or his designee shall issue his receipt to -the payee, which shall show the date and the amount of the payment, the -age as stated by the owner, and the kind, size, color and breed of the -dog or cat. -The pet tax receipt as herein provided shall operate as a license to -own, keep or harbor the dog or cat. -No such license shall be issued until the provisions of this chapter -relating to vaccination shall have been complied with and certified to -the clerk. -This section shall not apply to animals kept by licensed veterinarians -or in veterinary clinics in the city. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-123_Register" -A "\c" \ - -- "Sec 4-123 Register" -\& -.LP -It is the duty of the animal control officer of the city to keep a -register of all pet animal licenses in the city pursuant to the -provisions of this article. -Such register shall show the date of the issuance of the license, its -date of expiration, the name of the owner or the person in whose name -the license is issued and shall designate the sex of the pet animal and -as nearly as possible the kind, age, size, color and breed of the animal -pet. -The register shall also show the date of the vaccination and by whom -vaccinated. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-124_Tag_Placed_On_Collar;_Lost_Tags;_Counterfeit_Tags" -A "\c" \ - -- "Sec 4-124 Tag Placed On Collar; Lost Tags; Counterfeit Tags" -\& -.IP " 1." 4 -The owner of a dog shall cause the tag received from the city to be -affixed to the collar of the dog upon which the tax has been paid so -that the tag can easily be seen by officers of the city. -The owner shall see that the tag is so worn by the dog at all times. -The owner of a cat shall not be required to place the tag on a cat. -.IP " 2." 4 -If the tag is lost before the end of the year for which it was issued, -the owner may secure another for the animal by applying to the animal -shelter, presenting to him the original receipt and paying a fee as set -by the council. -.IP " 3." 4 -No person shall counterfeit or attempt to counterfeit any tag issued for -a dog or cat as provided herein, or take from any dog a tag legally -placed upon it, or place such tag upon a dog for which the tag was not -specifically issued. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1C_IMPOUNDMENT_REGULATIONS" -A "\c" \ - -- "ARTICLE 4-1C IMPOUNDMENT REGULATIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-131_Impoundment_Record,_Disposition_Of_Animals" -A "\c" \ - -- "Sec 4-131 Impoundment Record, Disposition Of Animals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-132_Breaking_Open_Shelter;_Or_Interfering_With_Officers" -A "\c" \ - -- "Sec 4-132 Breaking Open Shelter; Or Interfering With Officers" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-133_Animal_Shelter_Fees" -A "\c" \ - -- "Sec 4-133 Animal Shelter Fees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-134_Redemption_Of_Animal" -A "\c" \ - -- "Sec 4-134 Redemption Of Animal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-135_Disposition_Of_Impounded_Animals" -A "\c" \ - -- "Sec 4-135 Disposition Of Impounded Animals" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-131_Impoundment_Record,_Disposition_Of_Animals" -A "\c" \ - -- "Sec 4-131 Impoundment Record, Disposition Of Animals" -\& -.IP " 1." 4 -The city may contract with an outside agency to serve as the city\[aq]s -animal shelter or pound to provide for the impoundment of animals -pursuant to this chapter. -.IP " 2." 4 -Any animal kept as a house pet found running at large shall be picked up -and immediately impounded in the animal shelter and there confined in a -humane manner. -.IP " 3." 4 -The city animal control officer, upon receiving an animal for -impoundment which has been registered in accordance with this chapter, -shall record or cause to be recorded the description, breed, color and -sex of the animal and the name and address of the owner as may be shown -on applicable city animal control records. -If the owner is known, the officer shall: -.RS 4 -.IP " 1." 4 -Notify the owner at the address shown on city records; or -.IP " 2." 4 -Leave a notice with a member of the owner\[aq]s family, or other person -residing at the owner\[aq]s home, as shown in the city\[aq]s records, -over the age of 15 years, to notify the owner that unless reclaimed -within five days after impoundment, Sundays and city holidays excluded, -the animal will be destroyed or otherwise disposed of. -.RE -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-132_Breaking_Open_Shelter;_Or_Interfering_With_Officers" -A "\c" \ - -- "Sec 4-132 Breaking Open Shelter; Or Interfering With Officers" -\& -.IP " 1." 4 -If any person breaks open, or in any manner directly or indirectly aids -in, or counsels or advises the breaking open of any city shelter or -contract shelter, or hinders, delays or obstructs any person duly -authorized in taking up or taking to the city shelter any animal liable -to be impounded, he shall be guilty of an offense. -.IP " 2." 4 -No person shall interfere with, or hinder, or molest any agent of the -city in the performance of any duty of such agent, or seek to release -any animal in the custody of the city or its agents, except as provided -by law. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-133_Animal_Shelter_Fees" -A "\c" \ - -- "Sec 4-133 Animal Shelter Fees" -\& -.IP " 1." 4 -Fees for impounding and keeping an animal, to be paid upon redemption, -are as set by the city council by motion or resolution. -In computing a fee, a fraction of a day during which an animal or fowl -has been fed shall be deemed a full day. -.IP " 2." 4 -Any person redeeming an impounded animal or fowl shall pay the fees to -the person in charge of the animal shelter before the latter releases -the animal or fowl. -.IP " 3." 4 -Any person redeeming a dog or any other animal or fowl not licensed as -required by this Code shall pay the required license tax to the animal -shelter and secure a tag or other evidence of such payment and present -the tag or receipt therefor to the person in charge of the animal -shelter before the latter releases the animal or fowl. -If the animal or fowl has been licensed but is not wearing the tag, the -person in charge of the animal shelter shall require adequate evidence -of the proper licensing of the animal or fowl before releasing it. -.IP " 4." 4 -Any dog not vaccinated against rabies being held or impounded by the -city shall not be released to the owner or any other person without -proof of current vaccination against rabies or without paying a deposit -in such sum as is set by the city, which deposit shall be refunded to -the person putting up the same upon proof of current vaccination being -shown to the animal control officer within 72 hours of the release of -the animal. -If such proof is not presented, then the animal control officer may -retake the animal into custody and deposit the deposit with the city -treasurer to be retained as expenses of taking the animal into custody. -.IP " 5." 4 -In addition to the above fees, any person leaving an animal with the -shelter shall pay a fee as set by the council. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-134_Redemption_Of_Animal" -A "\c" \ - -- "Sec 4-134 Redemption Of Animal" -\& -.LP -An owner of an impounded animal or his agent may redeem the animal prior -to its sale or destruction as provided for herein by paying the required -fees against the animal and meeting any other requirements which may be -prescribed in this chapter. -If the owner or his agent has not redeemed the animal within the first -five days after the impoundment of the animal, excluding Sundays and -holidays, the animal may be otherwise disposed of as provided for -herein. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-135_Disposition_Of_Impounded_Animals" -A "\c" \ - -- "Sec 4-135 Disposition Of Impounded Animals" -\& -.IP " 1." 4 -Dogs and cats may be released from the animal shelter for adoption if -the owner of the animal has not claimed the animal within the time -specified in this chapter and paid all fees required to secure its -release. -If the animal has not been surgically spayed or neutered, the adopting -person shall pay a fee, as established by the fee schedule, for the -spaying or neutering of the animal prior to adoption. -The city may enter into agreements with private releasing agencies for -the purpose of arranging animal adoptions. -If the animal to be released is placed with a private releasing agency -prior to final adoption, and the releasing agency requires sterilization -prior to final adoption, the private releasing agency shall not be -required to make a sterilization deposit. -.IP " 2." 4 -Any animal for which the owner is known and notice has been provided in -this chapter, or for which the owner is unknown or cannot be ascertained -by the animal control officer, shall be destroyed after the lapse of -five days if not adopted as provided in this section. -.IP " 3." 4 -The proceeds of any animal adopted shall be deposited with the city -treasurer. -The individual adopting an animal through the procedure provided for in -this section shall acquire absolute title to the animal adopted. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1D_CRUELTY_TO_ANIMALS" -A "\c" \ - -- "ARTICLE 4-1D CRUELTY TO ANIMALS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-141_Cruelty_To_Animals" -A "\c" \ - -- "Sec 4-141 Cruelty To Animals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-142_Poisoning_Animals" -A "\c" \ - -- "Sec 4-142 Poisoning Animals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-143_Encouraging_Animals_To_Fight" -A "\c" \ - -- "Sec 4-143 Encouraging Animals To Fight" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-144_Keeping_Of_Animals;_Mistreatment,_Abandonment" -A "\c" \ - -- "Sec 4-144 Keeping Of Animals; Mistreatment, Abandonment" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-141_Cruelty_To_Animals" -A "\c" \ - -- "Sec 4-141 Cruelty To Animals" -\& -.LP -It is unlawful for any person, willfully and maliciously, to pour on, or -apply to, any animal any drug or other thing which will inflict pain on -the animal; or to knowingly treat an animal in a cruel or inhumane -manner; or to knowingly neglect an animal belonging to him or in his -custody in a cruel or inhumane manner. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. -§ 1685. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-142_Poisoning_Animals" -A "\c" \ - -- "Sec 4-142 Poisoning Animals" -\& -.LP -No person shall feed or place so as to constitute a direct or obvious -hazard to man or animal or shall offer or tempt any dog or pet animal -with any liquid, meat or food product which shall: -.IP " 1." 4 -Cause prostration, convulsion, pain or suffering as a prelude to death; -.IP " 2." 4 -Cause death; -.IP " 3." 4 -Be proven to be toxic or lethal in the amount present to any man or -domestic animal by competent medical or veterinary authority. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. -§ 1681. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-143_Encouraging_Animals_To_Fight" -A "\c" \ - -- "Sec 4-143 Encouraging Animals To Fight" -\& -.LP -It is unlawful for any person to instigate or encourage a fight between -animals or to encourage one animal to attack, pursue or annoy another -animal except a noxious, nondomesticated animal, or to keep a house, pit -or other place used for fights between animals. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. -§ 1696. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-144_Keeping_Of_Animals;_Mistreatment,_Abandonment" -A "\c" \ - -- "Sec 4-144 Keeping Of Animals; Mistreatment, Abandonment" -\& -.IP " 1." 4 -All dogs, cats and other animals kept as house pets within the city -limits shall be housed, fed and protected from the weather in such a -manner as not to create a nuisance. -.IP " 2." 4 -No person shall willfully or maliciously: -.RS 4 -.IP " 1." 4 -Torture, cruelly beat, injure, maim, mutilate or unjustly destroy or -kill any animal belonging to himself or to another; -.IP " 2." 4 -Deprive any animal of food, drink or shelter or leave it confined -without adequate shelter for more than 15 minutes at a time exposed to -inclement weather. -Inclement weather shall be defined as less than 32 degrees Fahrenheit or -greater than 90 degrees Fahrenheit; -.IP " 3." 4 -Unjustly administer any poison or noxious drug or substance to any -animal; -.IP " 4." 4 -Unjustly expose any drug or substance with the intent that the same -shall be taken by an animal, whether such animal is the property of that -owner or another person; -.IP " 5." 4 -Cause any other person to do any of the above acts; or -.IP " 6." 4 -Abandon an animal on any private or public property in the city, -including at the animal control shelter when no employees are present to -receive the animal. -.RE -.IP " 3." 4 -If an animal is found by the animal control officer to be in one of the -above-described conditions, the officer may issue a citation to the -offender and shall issue a notice to the offender warning him that if -the animal\[aq]s condition is not improved, another citation may be -issued. -.IP " 4." 4 -If within three days the condition of the animal is not improved to the -satisfaction of the animal control officer, a citation shall be issued. -.IP " 5." 4 -No dogs, cats or other animals shall be confined within or on a motor -vehicle under such conditions as may endanger the health or well-being -of the animal, including, but not limited to, dangerous temperatures, or -lack of food or water. -.IP " 6." 4 -Owners and keepers of dogs, cats and other animals shall provide food, -shelter and medical attention to such animals, including, but not -limited to, the following: -.RS 4 -.IP " 1." 4 -Sufficient wholesome food that is nutritious for the species; -.IP " 2." 4 -Fresh, potable drinking water; -.IP " 3." 4 -Medical attention to relieve such animals from suffering; -.IP " 4." 4 -Shelter to allow the animal to remain dry and protected from the -elements. -Such shelter shall be fully enclosed on three sides, roofed and have a -solid floor. -The entrance to the shelter shall be flexible to allow the animal\[aq]s -entry and exit, and sturdy enough to block entry of wind or rain. -The shelter shall be small enough to retain the animal\[aq]s body heat -and large enough to allow the animal to stand and turn comfortably. -The enclosure shall be structurally sound and in good repair. -Bedding shall be provided; and -.IP " 5." 4 -Any animal kept on a chain or rope shall be placed so that it cannot -become entangled with the restraints of other animals or with any other -objects. -The chain or rope shall be of sufficient length to allow the animal -complete access to shelter at all times. -The chain shall be attached in a manner so as not to cause injury or -discomfort to the animal. -In the case of dogs, the chain or rope shall be at least three times the -length of the dog as measured from the tip of the nose to the base of -the tail. -.RE -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1E_RABIES_AND_ANIMAL_BITES" -A "\c" \ - -- "ARTICLE 4-1E RABIES AND ANIMAL BITES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-161_Animal_Bites;_Rabies_Examination;_Quarantine" -A "\c" \ - -- "Sec 4-161 Animal Bites; Rabies Examination; Quarantine" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-162_Rabies_Diagnoses;_Quarantine_Of_City;_Time_Limit" -A "\c" \ - -- "Sec 4-162 Rabies Diagnoses; Quarantine Of City; Time Limit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-163_Killing_Or_Removing_Rabid_Animal_Prohibited" -A "\c" \ - -- "Sec 4-163 Killing Or Removing Rabid Animal Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-164_Reports_Of_Bite_Cases;_Report_By_Veterinarian" -A "\c" \ - -- "Sec 4-164 Reports Of Bite Cases; Report By Veterinarian" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-165_Investigations_For_Violation_Of_Chapter" -A "\c" \ - -- "Sec 4-165 Investigations For Violation Of Chapter" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-166_Records" -A "\c" \ - -- "Sec 4-166 Records" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-161_Animal_Bites;_Rabies_Examination;_Quarantine" -A "\c" \ - -- "Sec 4-161 Animal Bites; Rabies Examination; Quarantine" -\& -.IP " 1." 4 -Every animal that bites or scratches a person shall be reported within -immediately to the animal control officer and shall thereupon be -securely quarantined at a veterinarian hospital for a period of ten days -from the date the person was bitten, and shall not be released from such -quarantine except by permission of the animal control officer of the -city and the veterinarian in charge of the quarantined animal. -Such quarantine may be at any veterinarian hospital chosen by the owner. -Failure of the owner or keeper to quarantine his animal within the -four-hour period herein will make him guilty of an offense. -.IP " 2." 4 -The owner, upon demand by any city officer or animal control officer, -shall surrender any animal that has bitten or scratched a human, or -which is suspected as having been exposed to rabies, for supervised -quarantine testing or euthanasia, the expense for which shall be borne -by the owner; and the animal may be reclaimed by the owner if adjudged -free of rabies. -.IP " 3." 4 -In addition to powers granted by this section and section 4-165, the -animal control officer may impound in the animal shelter or a veterinary -hospital at the owner\[aq]s expense any animal, whether on public or -private property, which has bitten or scratched pursuant to this -chapter. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-162_Rabies_Diagnoses;_Quarantine_Of_City;_Time_Limit" -A "\c" \ - -- "Sec 4-162 Rabies Diagnoses; Quarantine Of City; Time Limit" -\& -.IP " 1." 4 -When an animal under quarantine has been diagnosed as being rabid, or -suspected by a licensed veterinarian as being rabid, and dies while -under such observation, the animal control officer or veterinarian shall -immediately send the head of such animal to the state health department -for pathological examination, and shall notify the proper public health -officer of reports of human contacts and diagnosis made of the suspected -animal. -.IP " 2." 4 -When a report shows a positive diagnosis of rabies, the city manager or -the city manager\[aq]s designee, under advisement from the state health -department and animal control authority of the city, may recommend a -citywide quarantine for a period of six months; and upon the invoking of -such quarantine, no animal shall be taken into the streets or permitted -to be in the streets during such period of quarantine. -During such quarantine, no animal shall be taken or shipped from the -city without written permission of the city manager or the city -manager\[aq]s designee. -.IP " 3." 4 -During such period of rabies quarantine as herein designated, every -animal bitten by an animal adjudged to be rabid shall be treated for -such rabies infection by a licensed veterinarian, and be held under six -months quarantine by the owner in the same manner as other animals are -quarantined. -.IP " 4." 4 -In the event there are additional positive cases of rabies occurring -during the period of quarantine, such period of quarantine may be -extended for an additional six months. -.IP " 5." 4 -The regulations of the state department of health, and all amendments -thereto, relating to quarantine and rabies are adopted herein by -reference. -.LP -\f[B]State Law reference\f[R]\[em] State quarantine of animals, 63 O.S. -§ 1-508. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-163_Killing_Or_Removing_Rabid_Animal_Prohibited" -A "\c" \ - -- "Sec 4-163 Killing Or Removing Rabid Animal Prohibited" -\& -.IP " 1." 4 -No person shall kill or cause to be killed any rabid animal, any animal -suspected of having been exposed to rabies, or any animal biting or -scratching a human, except as herein provided, nor to remove the animal -from the city limits without written permission from the health officer -of the city, or the animal control officer. -.IP " 2." 4 -The carcass of any dead animal exposed to rabies shall, upon demand, be -surrendered to the animal control officer. -.IP " 3." 4 -The animal control officer shall direct the disposition of any animal -found to be infected with rabies. -.IP " 4." 4 -No person shall fail or refuse to surrender any animal for quarantine or -destruction as required herein when demand is made therefor by an -employee empowered to enforce this chapter. -Such refusal shall be deemed an offense. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-164_Reports_Of_Bite_Cases;_Report_By_Veterinarian" -A "\c" \ - -- "Sec 4-164 Reports Of Bite Cases; Report By Veterinarian" -\& -.IP " 1." 4 -It is the duty of every physician, veterinarian or other practitioner to -report to the animal control officer the names and addresses of persons -treated for bites inflicted by animals, together with such other -information as will be helpful in rabies control. -.IP " 2." 4 -It is the duty of every licensed veterinarian to report to the animal -control officer his diagnosis of any animal observed by him to be a -rabid suspect. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-165_Investigations_For_Violation_Of_Chapter" -A "\c" \ - -- "Sec 4-165 Investigations For Violation Of Chapter" -\& -.IP " 1." 4 -For the purpose of discharging the duties imposed by this chapter and to -enforce its provisions, the animal control or health officers are -empowered to call upon the residents of any premises upon which a dog or -cat or small animal is kept or harbored, and to demand the exhibition by -the owner of such dog or cat or small animal. -.IP " 2." 4 -The animal control officer, in the manner authorized by law, may enter -the premises where any animal is kept in a reportedly cruel or inhumane -manner and demand to examine such animal, and to take possession of such -animal when, in his opinion, it requires humane treatment. -The officer may demand, at the front door of any residence, exhibition -by the owner of current animal licenses at any time. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-166_Records" -A "\c" \ - -- "Sec 4-166 Records" -\& -.LP -The animal control officer shall keep or cause to be kept: -.IP " 1." 4 -An accurate and detailed record of the licensing, impounding and -disposition of all animals coming into his custody; and -.IP " 2." 4 -An accurate and detailed record of all bite cases reported to the city, -with a complete report of the investigation of each case. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1F_VICIOUS_ANIMALS" -A "\c" \ - -- "ARTICLE 4-1F VICIOUS ANIMALS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-171_Court_Proceedings_Against_Vicious_Animals" -A "\c" \ - -- "Sec 4-171 Court Proceedings Against Vicious Animals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-172_Duty_To_Register_Incoming_Vicious_Canines" -A "\c" \ - -- "Sec 4-172 Duty To Register Incoming Vicious Canines" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-173_Owner's_Responsibility" -A "\c" \ - -- "Sec 4-173 Owner\[aq]s Responsibility" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-174_Actions_On_Failure_To_Comply" -A "\c" \ - -- "Sec 4-174 Actions On Failure To Comply" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-175_Exemptions_For_Canines_That_Are_Provoked" -A "\c" \ - -- "Sec 4-175 Exemptions For Canines That Are Provoked" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-176_Affidavit_Of_Complaint" -A "\c" \ - -- "Sec 4-176 Affidavit Of Complaint" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-177_Determination_Hearing" -A "\c" \ - -- "Sec 4-177 Determination Hearing" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-171_Court_Proceedings_Against_Vicious_Animals" -A "\c" \ - -- "Sec 4-171 Court Proceedings Against Vicious Animals" -\& -.LP -The owner or keeper of any animal alleged to be vicious or in violation -of this chapter may be charged in municipal court after a complaint has -been duly filed therein by any person having knowledge thereof. -If the court finds that the animal is a vicious animal as defined this -article, the court shall order that the animal be confiscated and -destroyed or confiscated until the owner or keeper complies with the -provisions of this article within 30 working days of the judgement. -The judge may additionally order that the owner or keeper comply with -other preventive measures. -A preventive measure shall not include the animal being removed from the -city limits. -The animal will be held at the animal shelter until such time as the -owner or keeper reaches compliance. -Should the owner or keeper fail to comply by the designated date, the -owner or keeper, after paying a fee as established in the fee schedule, -shall relinquish ownership or custody of the animal to the animal -shelter and said animal will be destroyed. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-172_Duty_To_Register_Incoming_Vicious_Canines" -A "\c" \ - -- "Sec 4-172 Duty To Register Incoming Vicious Canines" -\& -.LP -If any canine that has previously been deemed vicious from another -jurisdiction enters the City of Moore, the owner of such canine shall -abide by the same criteria and responsibilities as if the canine was -deemed vicious by the City of Moore and shall within ten days of -entering the city, notify animal control of the canines presence. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-173_Owner's_Responsibility" -A "\c" \ - -- "Sec 4-173 Owner\[aq]s Responsibility" -\& -.LP -While on the owner\[aq]s property, the canine must be securely confined -indoors or, while outside, in a securely enclosed and locked pen or -structure suitable to prevent entry and designed to prevent the animal -from escaping. -Such an enclosure must have minimum dimensions of five feet by ten feet -and must be at least six feet high. -Such enclosure must have secure sides and a secure top. -If it has no bottom secured to the sides, the sides must be embedded -into the ground no less than two feet. -The enclosure must also provide protection from the elements for the -canine. -Structures are subject to annual inspection. -.PP -The canine shall not be kept on a porch, patio or in any part of a house -or structure that would allow the dog to exit such building on its own -volition. -In addition, the canine shall not be kept in a house or structure when -the windows are open or when screen windows or screen doors are the only -obstacle preventing the dog from exiting the structure. -.PP -The canine may be off the owner\[aq]s premises if it is muzzled and -restrained by a substantial chain or leash not exceeding six feet in -length and under the control of a responsible person. -.PP -The owner of the canine shall within 30 days of determination; display -in a prominent place on his premises a sign easily readable by the -public using the words \[dq]Beware of Dog.\[dq] In addition, a similar -sign is required to be posted on the pen or structure of the canine. -.PP -The owner of the canine determined to be a vicious canine shall within -30 days of determination register the canine with the animal control -officer. -Registration shall be updated annually. -Registration must be accompanied by the following: -.IP " 1." 4 -Two color photographs of the canine clearly showing the color and -approximate size of the canine; -.IP " 2." 4 -The fees required for a dog license as set forth in this chapter, or -evidence of the fees having been paid; and -.IP " 3." 4 -An additional fee as set by the council for each vicious canine. -.LP -The owner of any canine determined to be vicious shall notify the animal -control officer immediately within 24 hours if a dangerous animal or -canine subject to registration as provided in this order is loose, -unconfined, has attacked another animal or livestock or has attacked a -human being, or has died. -.PP -Any canine declared vicious shall be spayed or neutered with 30 days of -such findings unless a duly licensed veterinarian provide documents to -the municipal court or animal control that medical conditions of the dog -contradict sterilization. -Such sterilization shall require removal of the reproductive organs. -Verification that sterilization has taken place shall be presented to -the municipal court or animal control by the licensed practicing -veterinarian performing the procedure. -.PP -Any canine declared vicious shall receive an identification microchip -implant within 30 days of the determination. -The microchip used must be implanted by licensed veterinarian. -It shall be a violation of the code for a microchip to be removed unless -it is for a medical reason and then only by a licensed practicing -veterinarian. -The animal control must be notified immediately of said removal. -.PP -The owner of any canine determined to be vicious shall obtain a policy -of liability insurance, such as homeowner\[aq]s insurance, or surety -bond, issued by an insurer qualified under Title 36 of the Oklahoma -Statutes in an amount not less than $100,000.00 insuring the owner for -any personal injuries inflicted by the vicious canine. -The owner shall provide proof of liability insurance to the Animal -Control Department of the City of Moore and shall provide updated -coverage annually for as long as the canine is within the city limits. -Failure to provide and maintain said insurance shall result in -impoundment of the canine and possible euthanasia. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601747214_Ordinance%20No.%20821%20(16).pdf" -A "\c" \ - -- "821(16)" -\& on 5/16/2016 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-174_Actions_On_Failure_To_Comply" -A "\c" \ - -- "Sec 4-174 Actions On Failure To Comply" -\& -.LP -Any owner of a canine that fails to comply with the responsibilities set -forth in section 4-173 above shall, upon conviction in court, be -punished as provided in section 1-108. -In addition to the fine imposed, the court may sentence the defendant to -imprisonment for a period not to exceed ten days and canine may be -impounded and destroyed. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-175_Exemptions_For_Canines_That_Are_Provoked" -A "\c" \ - -- "Sec 4-175 Exemptions For Canines That Are Provoked" -\& -.LP -No canine may be declared vicious if the threat, injury or damage was -initiated by a person who, at the time, was committing a willful -trespass or other tort upon the premises occupied by the owner or keeper -of the canine, or was teasing, tormenting, abusing or assaulting the -canine, or has, in the past, been observed or reported to have teased, -tormented, abused or assaulted the canine or was committing or -attempting to commit a crime. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-176_Affidavit_Of_Complaint" -A "\c" \ - -- "Sec 4-176 Affidavit Of Complaint" -\& -.LP -Upon receipt of an \[dq]Affidavit of Complaint\[dq] signed by one or -more residents of the city made under oath before an individual -authorized by law to take sworn statements, setting forth the nature and -the date of the act, the owner of the canine, the address of the owner -and the description of the canine doing such act, the animal control -officer shall investigate the complaint to determine if in fact the -animal is vicious. -If after investigation, the animal control officer determines the animal -may be vicious, a citation shall be issued for a determination hearing -and the animal control officer shall take possession of the alleged -vicious animal for immediate impound. -The owner or keeper of the alleged vicious animal may make arrangements -to house the animal at a licensed veterinarian facility at the -owner/keepers expense. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-177_Determination_Hearing" -A "\c" \ - -- "Sec 4-177 Determination Hearing" -\& -.IP " 1." 4 -A determination hearing shall be conducted by the municipal judge -whenever there is cause to believe that a dog may be a vicious canine. -The hearing shall be conducted within ten days of serving notice to the -owner either by delivering a copy of the notice or summons personally to -the owner of the canine or by leaving copies thereof at the owners -dwelling house or usual place of abode with some person then residing -therein who is 15 years of age or older or by certified mail and may be -held in conjunction with any criminal proceedings if so ordered by the -municipal judge. -In no event shall there be a delay of more than ten days in conducting -the hearing on determination of viciousness. -.IP " 2." 4 -Pending the outcome of the hearing, the canine must be securely confined -in a humane manner at the animal control shelter or with a licensed -veterinarian. -.IP " 3." 4 -The municipal judge shall determine whether to declare the canine to be -a vicious canine based upon evidence and testimony presented at the time -of the hearing by the owner, witnesses to any incident which may be -considered germane to such a determination, animal control personnel, -police or any other person possessing information pertinent to such -determination. -.IP " 4." 4 -The judge shall issue written findings within five days after the -determination hearing. -The owner has the right to appeal the decision to the district court. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1G_PENALTY" -A "\c" \ - -- "ARTICLE 4-1G PENALTY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-181_Penalty" -A "\c" \ - -- "Sec 4-181 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-181_Penalty" -A "\c" \ - -- "Sec 4-181 Penalty" -\& -.LP -In addition to other remedies provided in this chapter, any person -violating any of the provisions of this chapter shall, upon conviction -thereof, be punished as provided in section 1-108. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf" -A "\c" \ - -- "944(20)" -\& on 6/15/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_5_BUILDING_REGULATIONS_AND_CODES" -A "\c" \ - -- "PART 5 BUILDING REGULATIONS AND CODES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-1_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE" -A "\c" \ - -- "CHAPTER 5-1 LICENSES AND FEES, PERMITS, BOND AND INSURANCE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-2_BUILDING_CODE_AND_REGULATIONS" -A "\c" \ - -- "CHAPTER 5-2 BUILDING CODE AND REGULATIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-3_PLUMBING_CODE_AND_REGULATIONS" -A "\c" \ - -- "CHAPTER 5-3 PLUMBING CODE AND REGULATIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-4_ELECTRIC_CODE" -A "\c" \ - -- "CHAPTER 5-4 ELECTRIC CODE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-5_MECHANICAL_CODE" -A "\c" \ - -- "CHAPTER 5-5 MECHANICAL CODE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-6_GAS_CODE_AND_PIPELINES" -A "\c" \ - -- "CHAPTER 5-6 GAS CODE AND PIPELINES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-7_FAIR_HOUSING" -A "\c" \ - -- "CHAPTER 5-7 FAIR HOUSING" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-8_OUTDOOR_LIGHT_FIXTURES" -A "\c" \ - -- "CHAPTER 5-8 OUTDOOR LIGHT FIXTURES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-9_FUEL_GAS_CODE" -A "\c" \ - -- "CHAPTER 5-9 FUEL GAS CODE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-10_ROOFING_CONTRACTORS" -A "\c" \ - -- "CHAPTER 5-10 ROOFING CONTRACTORS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-11_STORM_SHELTERS" -A "\c" \ - -- "CHAPTER 5-11 STORM SHELTERS" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] General authority to regulate -buildings, 11 O.S. -§ 21-101. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-1_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE" -A "\c" \ - -- "CHAPTER 5-1 LICENSES AND FEES, PERMITS, BOND AND INSURANCE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1A_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE" -A "\c" \ - -- "ARTICLE 5-1A LICENSES AND FEES, PERMITS, BOND AND INSURANCE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1B_PERMITS_AND_INSPECTIONS" -A "\c" \ - -- "ARTICLE 5-1B PERMITS AND INSPECTIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1C_OTHER_REGULATIONS" -A "\c" \ - -- "ARTICLE 5-1C OTHER REGULATIONS" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1A_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE" -A "\c" \ - -- "ARTICLE 5-1A LICENSES AND FEES, PERMITS, BOND AND INSURANCE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-101_License_Required_For_Contractors_And_Journeymen" -A "\c" \ - -- "Sec 5-101 License Required For Contractors And Journeymen" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-102_Fees_Specified" -A "\c" \ - -- "Sec 5-102 Fees Specified" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-103_Term_Of_Initial_License" -A "\c" \ - -- "Sec 5-103 Term Of Initial License" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-104_Licensee_Prohibited_From_Engaging_In_Activities_Beyond_Scope_Of_License_And_Restrictions" -A "\c" \ - -- "Sec 5-104 Licensee Prohibited From Engaging In Activities Beyond Scope Of License And Restrictions" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-101_License_Required_For_Contractors_And_Journeymen" -A "\c" \ - -- "Sec 5-101 License Required For Contractors And Journeymen" -\& -.LP -All contractors, journeymen and apprentices whose activities are -regulated by any of the city\[aq]s building, electrical, plumbing and -mechanical codes in this part are hereby required to obtain a license or -registration certificate from the city before engaging in regulated -activities. -.PP -(Code 1999, § 5-101) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-102_Fees_Specified" -A "\c" \ - -- "Sec 5-102 Fees Specified" -\& -.LP -The fees for the registration certificates required shall be as set -forth in the fee schedule and may be amended from time to time by motion -or resolution of the council. -.PP -(Code 1999, § 5-102) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-103_Term_Of_Initial_License" -A "\c" \ - -- "Sec 5-103 Term Of Initial License" -\& -.LP -The initial license or registration issued as provided for herein shall -be for a term of one year. -.PP -(Code 1999, § 5-103) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-104_Licensee_Prohibited_From_Engaging_In_Activities_Beyond_Scope_Of_License_And_Restrictions" -A "\c" \ - -- "Sec 5-104 Licensee Prohibited From Engaging In Activities Beyond Scope Of License And Restrictions" -\& -.LP -No licensee shall engage in regulated activities beyond the scope of the -license or registration together with any restrictions placed thereon -issued to the licensee. -.PP -(Code 1999, § 5-104) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1B_PERMITS_AND_INSPECTIONS" -A "\c" \ - -- "ARTICLE 5-1B PERMITS AND INSPECTIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-111_Building_Permits" -A "\c" \ - -- "Sec 5-111 Building Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-112_Expiration_Of_Permits" -A "\c" \ - -- "Sec 5-112 Expiration Of Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-113_Plumbing,_Electrical,_Mechanical_And_Other_Permits" -A "\c" \ - -- "Sec 5-113 Plumbing, Electrical, Mechanical And Other Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-114_Applicability_Of_Permit_Requirements_To_Federal_And_State_Agencies" -A "\c" \ - -- "Sec 5-114 Applicability Of Permit Requirements To Federal And State Agencies" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-115_Schedule_Of_Permit_And_Inspection_Fees" -A "\c" \ - -- "Sec 5-115 Schedule Of Permit And Inspection Fees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-116_Prepayment_For_Fees_Required" -A "\c" \ - -- "Sec 5-116 Prepayment For Fees Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-117_Plans,_Application" -A "\c" \ - -- "Sec 5-117 Plans, Application" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-118_Display_Of_Permits" -A "\c" \ - -- "Sec 5-118 Display Of Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-119_Revocation" -A "\c" \ - -- "Sec 5-119 Revocation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-120_Exceptions_From_Permit_Requirements" -A "\c" \ - -- "Sec 5-120 Exceptions From Permit Requirements" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-111_Building_Permits" -A "\c" \ - -- "Sec 5-111 Building Permits" -\& -.LP -Whenever any building, structure, facility, or other appurtenances, is -to be erected, constructed, altered, enlarged, improved, moved or -removed, as provided in the city\[aq]s building code, a building permit -shall be obtained from the city. -.PP -(Prior Code, § 5-66; Code 1999, § 5-121) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-112_Expiration_Of_Permits" -A "\c" \ - -- "Sec 5-112 Expiration Of Permits" -\& -.LP -If the work described in any permit has not begun within 180 days from -the date of issuance thereof, the permit shall be cancelled by the -building official; and written notice thereof shall be given to the -persons affected. -A new permit must be obtained and the regular fee shall be collected. -.PP -(Prior Code, § 5-66, in part; Code 1999, § 5-122) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-113_Plumbing,_Electrical,_Mechanical_And_Other_Permits" -A "\c" \ - -- "Sec 5-113 Plumbing, Electrical, Mechanical And Other Permits" -\& -.LP -Permits for plumbing, electrical or mechanical work, or other permits as -required and as defined by this Code, shall be obtained in accordance -with the terms of the respective city plumbing, electrical and -mechanical codes. -.PP -(Prior Code, § 5-66, in part; Code 1999, § 5-123) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-114_Applicability_Of_Permit_Requirements_To_Federal_And_State_Agencies" -A "\c" \ - -- "Sec 5-114 Applicability Of Permit Requirements To Federal And State Agencies" -\& -.LP -The permit requirements of the codes adopted by this part shall be -applicable to agencies of the federal government, the state and -subdivisions of the state. -All fees prescribed for such permits shall be waived in such cases. -.PP -(Code 1999, § 5-124) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-115_Schedule_Of_Permit_And_Inspection_Fees" -A "\c" \ - -- "Sec 5-115 Schedule Of Permit And Inspection Fees" -\& -.LP -Before any permit shall be issued or any inspection shall be made, as -required by the city building or technical codes, the recipient of the -permit shall pay a fee in accordance with the schedules adopted by the -city council by motion or resolution. -A copy of the schedules shall be on file in the office of the city -clerk. -All references to inspection fees in the technical codes adopted by the -city are deleted when replaced by a fee in the fee schedule. -.PP -(Prior Code, § 5-68, in part; Code 1999, § 5-125) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-116_Prepayment_For_Fees_Required" -A "\c" \ - -- "Sec 5-116 Prepayment For Fees Required" -\& -.LP -All plumbers, electricians, and mechanical contractors shall prepay all -inspection fees prior to the time the work begins or shall deposit with -the city treasurer a sum which shall be retained by the city treasurer, -interest free, to be used to pay for inspection fees charged to such -licensee for inspections made at the request of such licensee. -A minimum opening balance for deposits shall be as established by -resolution. -No permit shall be issued or no inspection made if the contractor\[aq]s -prepaid account does not have a sufficient balance to cover the cost of -the requested inspection. -.PP -(Prior Code, §§ 5-1, 5-2; Code 1999, § 5-126; Ord. -No. -99(94), 11-7-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-117_Plans,_Application" -A "\c" \ - -- "Sec 5-117 Plans, Application" -\& -.IP " 1." 4 -The applicant for permits shall file with the building department two -complete sets of plans and specifications at the time of application for -such permit or as otherwise required by the city. -Three complete sets are required for a restaurant. -.IP " 2." 4 -All approved plans shall be stamped with an approval stamp. -One set of plans for buildings so approved shall become a part of the -file of the city and an approved set of plans shall be kept upon the -site of the construction of the building. -No plans shall be approved that are not in compliance with the -ordinances of the city. -.IP " 3." 4 -All plans and drawings submitted shall be to scale and provide the -information on the form required by the city. -.IP " 4." 4 -It is unlawful to erase, alter or modify any plans bearing the approval -of the city without the consent of the city. -.IP " 5." 4 -Amendments to applications, plans and detail drawings may be made and -the city may approve them provided the applications, plans and detail -drawings, when so amended, shall be in conformity with the provisions of -the official building codes, and the requirements of the city in -relation thereto. -.IP " 6." 4 -Approval of plans shall not relieve the owner or his agent of -responsibility in complying with this article and the fact that any such -approved plans contain matter contrary to the provisions of this Code -shall not be held as a bar to its strict enforcement. -.LP -(Prior Code, §§ 5-55\[em]5-57; Code 1999, § 5-127) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-118_Display_Of_Permits" -A "\c" \ - -- "Sec 5-118 Display Of Permits" -\& -.IP " 1." 4 -Permits issued shall be numbered and a corresponding number shall be -given to an identification card which shall be posted in a conspicuous -place on the face of the structure to be constructed, altered, enlarged, -repaired or removed, at all times during the course of work. -The building official is hereby authorized to direct the cessation of -all work on property upon which such a numbered identification card -evidencing the issuance of a permit is not posted. -.IP " 2." 4 -Failure to cease work in compliance with the directions of the building -official is hereby declared to be and constitute an offense punishable -as provided in section 1-108 for each day construction is continued in -violation of such direction. -.LP -(Prior Code, § 5-68; Code 1999, § 5-128) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-119_Revocation" -A "\c" \ - -- "Sec 5-119 Revocation" -\& -.LP -If the work in or about any building or structure shall be conducted in -violation of the provisions of this Code or the official building code, -the permit issued shall be revoked. -It is unlawful to continue the work until such violations shall have -been corrected to the satisfaction of the city. -.PP -(Prior Code, § 5-69; Code 1999, § 5-129) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-120_Exceptions_From_Permit_Requirements" -A "\c" \ - -- "Sec 5-120 Exceptions From Permit Requirements" -\& -.LP -Ordinary repairs of buildings or structures, or the plumbing drainage, -or piping thereof, the cost of which shall not exceed $500.00, may be -made without notice to the city, but such repairs shall not be construed -to include the removal of any stone, concrete or brick wall, or any -portion thereof; the removal or cutting of any beams or supports, or the -removal, change or closing of any stairway, or opening in the exterior -wall; the alteration or removal of any house sewer, or drainage system, -or soil waste or vent pipe or water or gas service line; or repairs or -alterations of light or power wiring. -.PP -(Prior Code, § 5-55, in part; Code 1999, § 5-130) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1C_OTHER_REGULATIONS" -A "\c" \ - -- "ARTICLE 5-1C OTHER REGULATIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-131_Right_To_Enforce_And_Stop_Construction" -A "\c" \ - -- "Sec 5-131 Right To Enforce And Stop Construction" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-132_Cases_Of_Urgency" -A "\c" \ - -- "Sec 5-132 Cases Of Urgency" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-133_Power_To_Make_Rulings" -A "\c" \ - -- "Sec 5-133 Power To Make Rulings" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-134_Power_To_Call_Upon_Police_Or_Fire_Department" -A "\c" \ - -- "Sec 5-134 Power To Call Upon Police Or Fire Department" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-135_Power_To_Enter" -A "\c" \ - -- "Sec 5-135 Power To Enter" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-136_Penalty" -A "\c" \ - -- "Sec 5-136 Penalty" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-137_Relief_In_The_Courts" -A "\c" \ - -- "Sec 5-137 Relief In The Courts" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-138_Effect_Of_Violation_By_Corporate_Officers_And_Agents" -A "\c" \ - -- "Sec 5-138 Effect Of Violation By Corporate Officers And Agents" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-139_Conviction_To_Be_Deemed_Cause_For_Revocation_Of_Licenses,_Certificates" -A "\c" \ - -- "Sec 5-139 Conviction To Be Deemed Cause For Revocation Of Licenses, Certificates" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-131_Right_To_Enforce_And_Stop_Construction" -A "\c" \ - -- "Sec 5-131 Right To Enforce And Stop Construction" -\& -.LP -The building official shall have the right to stop the construction of -any building or structure, or the alteration, repair or wrecking of the -same, if same is being done in a careless or reckless manner or in -violation of the provisions of this part. -.PP -(Prior Code, § 5-29; Code 1999, § 5-141) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-132_Cases_Of_Urgency" -A "\c" \ - -- "Sec 5-132 Cases Of Urgency" -\& -.LP -Decisions of the building official in cases where failure to carry out -his orders would endanger life and property shall be absolute and final. -.PP -(Prior Code, § 5-31; Code 1999, § 5-142) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-133_Power_To_Make_Rulings" -A "\c" \ - -- "Sec 5-133 Power To Make Rulings" -\& -.LP -The building official shall have power to make rulings and pass upon -questions relating to the use of materials and methods of construction -to make such materials and methods protective of life and property and -in conformance with the intent and purpose of this part. -.PP -(Prior Code, § 5-32; Code 1999, § 5-143) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-134_Power_To_Call_Upon_Police_Or_Fire_Department" -A "\c" \ - -- "Sec 5-134 Power To Call Upon Police Or Fire Department" -\& -.LP -The building official shall have authority to call upon the police or -fire department in enforcing this part. -It shall be mandatory upon any member thereof to act in compliance with -and perform such duties as the building official may require. -.PP -(Prior Code, § 5-33; Code 1999, § 5-144) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-135_Power_To_Enter" -A "\c" \ - -- "Sec 5-135 Power To Enter" -\& -.LP -The building official may enter any building or structure whether -completed or in the course of construction for the purpose of making -inspections. -.PP -(Prior Code, § 5-34; Code 1999, § 5-145) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-136_Penalty" -A "\c" \ - -- "Sec 5-136 Penalty" -\& -.LP -Any person who shall engage in any business, trade, or vocation for -which a license, permit, certificate, or registration is required by -this part, without having a valid license, permit, certificate, or -certificate of registration as required, or who shall fail to do -anything required by this part or by any code adopted by this part, or -who shall otherwise violate any provision of this part or of any code -adopted by this part, or who shall violate any lawful regulation or -order made by any of the officers provided for in this part, shall be -guilty of an offense, and, upon conviction thereof, shall be subject to -punishment as provided in section 1-108. -.PP -(Prior Code, § 5-5; Code 1999, § 5-146) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-137_Relief_In_The_Courts" -A "\c" \ - -- "Sec 5-137 Relief In The Courts" -\& -.LP -No penalty imposed by and pursuant to this part shall interfere with the -right of the city also to apply to the proper courts of the state for a -mandamus, an injunction, or other appropriate action against the person -violating this part. -.PP -(Prior Code, § 5-6; Code 1999, § 5-147) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-138_Effect_Of_Violation_By_Corporate_Officers_And_Agents" -A "\c" \ - -- "Sec 5-138 Effect Of Violation By Corporate Officers And Agents" -\& -.LP -Violation of any of the terms or provisions of this part by any -corporation or association shall subject the officers and agents in -charge of the business of such corporation or association to the penalty -provided in this part. -.PP -(Prior Code, § 5-7; Code 1999, § 5-148) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-139_Conviction_To_Be_Deemed_Cause_For_Revocation_Of_Licenses,_Certificates" -A "\c" \ - -- "Sec 5-139 Conviction To Be Deemed Cause For Revocation Of Licenses, Certificates" -\& -.LP -Conviction under the provisions of this part shall be deemed just cause -for the revocation of any certificate or license which a person may have -or hold under the provisions of this part. -.PP -(Prior Code, § 5-8; Code 1999, § 5-149) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-2_BUILDING_CODE_AND_REGULATIONS" -A "\c" \ - -- "CHAPTER 5-2 BUILDING CODE AND REGULATIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2A_BUILDING_CODE" -A "\c" \ - -- "ARTICLE 5-2A BUILDING CODE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2B_MOVING_AND_RELOCATING_BUILDINGS" -A "\c" \ - -- "ARTICLE 5-2B MOVING AND RELOCATING BUILDINGS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2C_SIGN_CONTRACTORS" -A "\c" \ - -- "ARTICLE 5-2C SIGN CONTRACTORS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2D_AWNINGS,_CARPORTS_AND_PATIO_COVERS" -A "\c" \ - -- "ARTICLE 5-2D AWNINGS, CARPORTS AND PATIO COVERS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2E_FENCES" -A "\c" \ - -- "ARTICLE 5-2E FENCES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2F_SWIMMING_POOLS" -A "\c" \ - -- "ARTICLE 5-2F SWIMMING POOLS" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2A_BUILDING_CODE" -A "\c" \ - -- "ARTICLE 5-2A BUILDING CODE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-201_Adoption" -A "\c" \ - -- "Sec 5-201 Adoption" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-202_Amendments" -A "\c" \ - -- "Sec 5-202 Amendments" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-203_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ - -- "Sec 5-203 Provisions Declared To Be Minimum Requirements" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-204_Adoption_Of_The_2015_International_Residential_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ - -- "Sec 5-204 Adoption Of The 2015 International Residential Code, As Amended And Modified By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-205_Smoke_Detectors_Required_In_Apartment_Dwellings" -A "\c" \ - -- "Sec 5-205 Smoke Detectors Required In Apartment Dwellings" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-206_Adoption_Of_Standard_Specifications_For_The_Construction_Of_Water_And_Sewer" -A "\c" \ - -- "Sec 5-206 Adoption Of Standard Specifications For The Construction Of Water And Sewer" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-207_Adoption_Of_Paving,_Sidewalk,_And_Driveway_Specifications" -A "\c" \ - -- "Sec 5-207 Adoption Of Paving, Sidewalk, And Driveway Specifications" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-208_Enforcement" -A "\c" \ - -- "Sec 5-208 Enforcement" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-209_Liquefied_Petroleum_Gas_Code_Adopted,_Penalty" -A "\c" \ - -- "Sec 5-209 Liquefied Petroleum Gas Code Adopted, Penalty" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-210_Private_Water_Wells_Prohibited" -A "\c" \ - -- "Sec 5-210 Private Water Wells Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-211_House,_Building_Numbering_System" -A "\c" \ - -- "Sec 5-211 House, Building Numbering System" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-212_Building_Standards_For_Construction_Of_Residential_Dwellings_Within_Tornado_Damage_Area" -A "\c" \ - -- "Sec 5-212 Building Standards For Construction Of Residential Dwellings Within Tornado Damage Area" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-201_Adoption" -A "\c" \ - -- "Sec 5-201 Adoption" -\& -.LP -There is hereby adopted that certain code known as the International -Building Code 2015, as amended and modified by the state uniform -building code commission pursuant to 59 O.S. -§ 1000.23, as the building code of the city for the control of buildings -and structures as herein provided, referred to herein as the -\[dq]building code.\[dq] Each and all of the regulations, provisions, -penalties, conditions and terms of the building code are hereby referred -to, adopted and made a part hereof as if fully set out in this Code, -with the additions, insertions, deletions and changes, if any, -prescribed herein. -Not less than one copy of this code is on file in the office of the -clerk. -.PP -(Code 1999, § 5-201; Ord. -No. -533(90), 7-2-1990; Ord. -No. -208(97), 10-6-1997; Ord. -No. -378(02), 8-19-2002; Ord. -No. -536(06), 2-21-2006; Ord. -No. -635(08), 12-15-2008) -.PP -\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. -§ 14-107. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323569_Ordinance%20No.%20737%20(13).pdf" -A "\c" \ - -- "737(13)" -\& on 2/4/2013 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333738_Ordinance%20No.%20856(17).pdf" -A "\c" \ - -- "856(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-202_Amendments" -A "\c" \ - -- "Sec 5-202 Amendments" -\& -.IP " 1." 4 -The following additions, amendments or deletions are made to the -building code adopted herein: -.br -Section 101.1. -Insert: The City of Moore, Oklahoma. -.br -Section 107.3.4.1. -Insert at the end of section: Exception: Plans for additions of less -than 500 square feet to existing commercial structures or for any -commercial remodel where the structural design of the building is not -changed shall not be required to be prepared by a registered -professional architect or engineer licensed by the state. -.br -Section 109.2. -Refer: Those certain fees adopted by the city on September 7, 1997, and -as they may be amended from time by motion or resolution of the city -council. -.br -Section 113.1. -Insert: \[dq]Board of Adjustment.\[dq] -.br -Delete: \[dq]Board of Appeals.\[dq] -.br -Insert: at end of second sentence: The appeals procedure shall be as -specified in article B, sections 12-123 et seq., of the city\[aq]s -zoning ordinance. -.br -Section 114.4. -Delete entire section and insert: Penalties shall be set forth in -section 1-108 of the City Code. -.br -Section 1106.8. -Insert: Accessible parking spaces shall have a painted square blue field -and either a yellow or white international symbol of access in the field -and shall include a sign mounted within the specifications labeled in -the ADA Handbook 2010. -.IP " 2." 4 -Building foundation regulations. -In addition to the rules, regulations, and standards set forth in the -International Building Code, as adopted herein, the following additional -requirements are adopted and made a part of the building code of the -city: -.RS 4 -.IP " 1." 4 -\f[I]General\f[R]. -Stress analysis for any structural element considered by the building -official to be unsafe shall be submitted for approval. -.IP " 2." 4 -\f[I]Commercial foundations\f[R]. -The design of foundations for construction other than residential shall -be prepared and certified by a professional engineer registered in the -state and approved by the city. -.IP " 3." 4 -\f[I]Concrete slab floors\f[R]. -All concrete slab floors shall meet the following minimum standards: -.RS 4 -.IP " 1." 4 -All concrete slabs on grade shall be nominal four inches think on a -four-inch sand base. -.IP " 2." 4 -All concrete shall be minimum 2,500 psi compressive strength. -.IP " 3." 4 -It is recommended that all concrete slabs shall be reinforced with -66/.1010 wire mesh. -.IP " 4." 4 -All slabs on grade shall be either waterproof concrete or shall have -0.006 inch vapor barrier under slab. -.IP " 5." 4 -All concrete floors shall be a minimum of eight inches above finished -grade. -.RE -.RE -.LP -(Code 1999, § 5-202; Ord. -No. -533(90), 7-2-1990; Ord. -No. -208(97), 10-6-1997; Ord. -No. -378(02), 8-19-2002; Ord. -No. -536(06), 2-21-2006; Ord. -No. -635(08), 12-15-2008) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323569_Ordinance%20No.%20737%20(13).pdf" -A "\c" \ - -- "737(13)" -\& on 2/4/2013 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333738_Ordinance%20No.%20856(17).pdf" -A "\c" \ - -- "856(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-203_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ - -- "Sec 5-203 Provisions Declared To Be Minimum Requirements" -\& -.LP -The provisions of the building code in their interpretation and -application shall be held to be minimum requirements adopted for the -promotion of public health, safety, and general welfare. -Wherever any of the provisions or requirements of the code are -inconsistent with the provisions of this Code or state statutes -presently existing or enacted in the future, the provisions or -requirements containing the most restrictive regulation shall apply and -govern. -.PP -(Code 1999, § 5-203) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-204_Adoption_Of_The_2015_International_Residential_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ - -- "Sec 5-204 Adoption Of The 2015 International Residential Code, As Amended And Modified By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" -\& -.IP " 1." 4 -\f[I]Adoption\f[R]. -There is hereby adopted that certain code known as the International -Residential Code 2015, as amended and modified by the state uniform -building code commission pursuant to 59 O.S. -§ 1000.23, as the one- and two-family dwelling code of the city for the -control of buildings and structures as herein provided, referred to -herein as the \[dq]residential building code.\[dq] Each and all of the -regulations, provisions, penalties, conditions and terms of the -residential building code are hereby referred to, adopted and made a -part hereof as if fully set out in this Code, with the additions, -insertions, deletions and changes, if any, prescribed herein. -Not less than one copy of this code is on file in the office of the -clerk. -.IP " 2." 4 -\f[I]Amendments\f[R]. -The following sections of the dwelling code are hereby revised as -follows: -.br -Section 109.5. -Prefabricated Construction. -Insert: [Modular construction, manufactured housing and any other -prefabricated construction is not permitted in any zoning district -within the city limits, unless approved by the board of adjustment as -provided in section 12-125 of the City Code]. -.br -Section R401.1.2. -Addition: Insert after first sentence: Any foundation approved by the -Federal Housing Administration (FHA) shall be accepted. -.br -Section P3005.2.3. -Delete and replace with: There shall be two directional cleanouts with a -backwater valve in between the two directional cleanouts near the -junction of the building drain and building sewer. -The two directional cleanouts and backwater valve shall be outside the -building wall, provided that it is brought up to finish grade. -.br -Sections E3401 to E4304. -Delete Sections E3401 to E4304 and replace with the 2014 NEC as adopted -by the state uniform building code commission pursuant to 59 O.S. -§ 1000.23 and the city. -.br -Section Addition: -.br -Part IV Energy Construction. -.br -Part V Mechanical. -.br -Part VI Fuel Gas. -.br -Part VII Plumbing. -.br -Part VIII Electrical. -.IP " 3." 4 -\f[I]Adoption of residential wind code\f[R]. -The following additions are hereby included in the residential building -code for the purposes of establishing minimum regulations governing -residential construction for high wind resistance: -.RS 4 -.IP " 1." 5 -Roof sheathing (OSB or plywood) shall be nailed with 8d ring shank -(0.131\[dq] by 2.5\[dq]) or 10d (0.148\[dq] by 3\[dq]) nails on -four-inch on center along the edges and six-inch on center in the field. -Dimensional lumber decking is not allowed. -.IP " 2." 5 -Maximum spacing for roof framing shall be 16 inches on center. -Minimum nominal sheathing panel size shall be 7/16. -Minimum wood structural panel span rating shall be 24/16. -.IP " 3." 5 -Connections for roof framing shall be designed for both compression and -tension, and may include nail plates or steel connection plates. -Connections for roof framing shall include connections on rafters, web -members, purlins, kickers, bracing connections, and the connections to -interior brace wall top plates or ceiling joists. -.IP " 4." 5 -Gable end walls shall be tied to the structure, and may include steel -connection plates or straps. -The connections shall be made at the top and bottom of the gable end -wall. -.IP " 5." 5 -Structural sheathing panel (OSB or plywood) shall be required for gable -end walls. -.IP " 6." 5 -Hurricane clip or framing anchor shall be required on all rafter to wall -connections. -.IP " 7." 5 -The upper and lower story wall sheathing shall be nailed to the common -rim board. -.IP " 8." 5 -All walls shall be continuously sheathed with structural sheathing (OSB -or plywood) using the CS-WSP method. -Garage doors shall be framed using the sheathed portal frame method -CS-PF. -No form of intermittent bracing shall be allowed on an outer wall. -Intermittent bracing may only be used for interior braced wall lines. -.IP " 9." 5 -Nailing of wall sheathing (OSB or plywood) shall be increased to 8d ring -shank (0.131\[dq] by 2.5\[dq]) or 10d (0.148\[dq] by 3\[dq]) nails on -four-inch on center along the edges and six-inch on center in the field. -.IP " 10." 5 -Structural wood sheathing shall be extended to lap the sill plate and -nailed to the sill plate using a four-inch on center along the edges. -Structural wood sheathing shall be nailed to rim board if present with -8d ring shank (0.131\[dq] by 2.5\[dq]) or 10d (0.148\[dq] by 3\[dq]) -nails on four-inch on center along both the top and bottom edges of the -rim board. -.IP " 11." 5 -Garage doors shall be rated to 135 mph wind or above. -.IP " 12." 5 -Exterior wall studs shall be 16-inch on center. -.RE -.IP " 4." 4 -\f[I]Building foundation regulations\f[R]. -In addition to the rules, regulations, and standards set forth in the -International Residential Code, as adopted herein, the following -additional requirements are adopted and made a part of the building code -of the city: -.RS 4 -.IP " 1." 4 -\f[I]General\f[R]. -Stress analysis for any structural element considered by the building -official to be unsafe shall be submitted for approval. -.IP " 2." 4 -\f[I]Foundations and footings\f[R]. -All exterior walls shall have footings of the following minimum -standards: -.RS 4 -.IP " 1." 4 -Minimum depths of concrete footings on exterior walls: 18 inches. -.IP " 2." 4 -Minimum width for frame walls: ten inches. -.IP " 3." 4 -Minimum width for veneer walls: 12 inches. -.IP " 4." 4 -All footings shall be 3,000 psi, minimum compressive strength concrete -and reinforced with four rows, two up and two down, with No. -5 bar top and bottom. -.IP " 5." 4 -All footings shall be poured in a minimum of six inches into undisturbed -soil. -.IP " 6." 4 -Where pier and grade beam type of foundation is proposed for residential -construction, design of grade beam and piers shall be: -.RS 4 -.IP " 1." 4 -\f[I]Piers\f[R]. -.RS 4 -.IP " 1." 4 -Diameter: ten inches minimum. -.IP " 2." 4 -Depth: 24 inches minimum. -.IP " 3." 4 -Spacing: eight feet on center with one No. -5 bar for full length of pier and extending into beam. -.RE -.IP " 2." 4 -\f[I]Grade beam, minimum width.\f[R] -.RS 4 -.IP " 1." 4 -Frame: six inches, except that an eight-inch beam may be flared to be -covered by base trim. -.IP " 2." 4 -Masonry or masonry veneer: eight inches. -.IP " 3." 4 -Minimum effective depth: 14 inches; however, where grade beam supports -wood floor framing the minimum effective depth shall be 18 inches in -order to provide required clearance under joints. -.IP " 4." 4 -Reinforce with two bars at the top and bottom of the beam as follows: -frame, four No. -4 bars; and masonry or masonry veneer, four No. -5 bars. -Where grade beam is flared at the top, reinforce with one No. -6 bar instead of two No. -4 bars -.RE -.RE -.RE -.IP " 3." 4 -\f[I]Concrete slab floors\f[R]. -All concrete slab floors shall meet the following minimum standards: -.RS 4 -.IP " 1." 4 -All concrete slabs on grade shall be nominal four inches think on a -four-inch sand base. -.IP " 2." 4 -All concrete shall be minim 2,500 psi compressive strength. -.IP " 3." 4 -It is recommended that all concrete slabs shall be reinforced with -66/.1010 wire mesh. -.IP " 4." 4 -All slabs on grade shall be either waterproof concrete or shall have -0.006 inch vapor barrier under slab. -.IP " 5." 4 -All concrete floors shall be a minimum of eight inches above finished -grade. -.RE -.RE -.LP -(Code 1999, § 5-204; Ord. -No. -534(90), 7-2-1990; Ord. -No. -201(97), 8-18-1997; Ord. -No. -209(97), 10-6-1997; Ord. -No. -379(02)-A, 8-19-2002; Ord. -No. -534(06), 2-21-2006; Ord. -No. -633(08), 12-15-2008) -.PP -\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. -§ 14-107. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323047_Ordinance%20No.%20724%20(12).pdf" -A "\c" \ - -- "724(12)" -\& on 9/4/2012 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324422_Ordinance%20No.%20768%20(14).pdf" -A "\c" \ - -- "768(14)" -\& on 3/17/2014 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333851_Ordinance%20No.%20857(17).pdf" -A "\c" \ - -- "857(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-205_Smoke_Detectors_Required_In_Apartment_Dwellings" -A "\c" \ - -- "Sec 5-205 Smoke Detectors Required In Apartment Dwellings" -\& -.IP " 1." 4 -All apartment structures and buildings shall have not less than one -smoke detector installed and maintained in working order in each -separate unit or living area within the apartment building. -.IP " 2." 4 -The smoke detectors required by this section shall be approved prior to -their installation but shall be powered by the following methods, to -wit: -.RS 4 -.IP " 1." 4 -For all apartments in existence on March 4, 1982, the smoke detector -shall be powered by a battery and shall be tested by the owner of such -apartment building every 30 days, and the documentation of such testing -shall be kept in the office of the manager of such apartment; and -.IP " 2." 4 -All smoke detectors installed in apartments which receive a building -permit after March 4, 1982, shall be powered by the electrical system of -such apartment building. -.RE -.IP " 3." 4 -All smoke detectors shall be of a type approved by the chief of the fire -department, the International Fire Safety Code as adopted by the city or -the residential building code as adopted by the city, but must be -suitable to warn the occupants of the unit in which such detector is -installed of the presence of smoke and the possibility of fire danger. -.IP " 4." 4 -Failure to install or maintain a smoke detector or failure to test a -battery-powered smoke detector as required by this section, or to keep a -record of such test, shall be unlawful, and, upon conviction thereof, -every person, firm, corporation, manager or other person shall be -subject to punishment as provided in section 1-108 for each violation. -.LP -(Prior Code, § 5-4; Code 1999, § 5-205) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333851_Ordinance%20No.%20857(17).pdf" -A "\c" \ - -- "857(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-206_Adoption_Of_Standard_Specifications_For_The_Construction_Of_Water_And_Sewer" -A "\c" \ - -- "Sec 5-206 Adoption Of Standard Specifications For The Construction Of Water And Sewer" -\& -.LP -A certain document, one copy of which is on file in the office of the -city clerk, being designated as the \[dq]City of Moore Standard -Specifications for the Construction of Water and Sewer,\[dq] dated -February 1990, as developed and prepared by Wyatt, Doyle and Butler -Engineers, Inc., is hereby adopted as the construction code of water and -sewer for the city. -The specifications set forth the standards and specifications for the -construction of water and sewer establish minimum regulations governing -the installation of water mains, installation of sewer mains, incidental -construction, attendant installation and maintenance of water and sewer -mains, and standards for earth work, excavation, disposal of materials, -adjustment of existing structures, foundations and bedding, and -backfill, all relative to the construction of water and sewer. -Each and all of the regulations, provisions, penalties, conditions and -terms of the standard specifications are hereby referred to, adopted and -made a part hereof as if fully set out in this section. -.PP -(Code 1999, § 5-206; Ord. -No. -512(90), 4-2-1990) -.PP -\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. -§ 14-107. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-207_Adoption_Of_Paving,_Sidewalk,_And_Driveway_Specifications" -A "\c" \ - -- "Sec 5-207 Adoption Of Paving, Sidewalk, And Driveway Specifications" -\& -.LP -A certain document commonly known as \[dq]Standard P.C.C. -Paving Details, Standard Driveway and Sidewalk Details and Standard A.C. -Paving Details,\[dq] one copy of which is on file in the office of -community development director, is hereby adopted as the specifications -for same and shall be known as the paving code of the city. -Subsequent revisions, modifications, codifications or additions of the -paving code shall become effective as available, for the control of -paving as herein provided. -Each and all of the regulations, provisions, conditions, and terms of -the paving code are hereby referred to, adopted and made a part hereof -as if fully set out in this section. -.PP -(Code 1999, § 5-207; Ord. -No. -513(90), 4-2-1990) -.PP -\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. -§ 14-107. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-208_Enforcement" -A "\c" \ - -- "Sec 5-208 Enforcement" -\& -.LP -The official designated as being responsible for the enforcement of the -city\[aq]s building codes shall be the building official. -.PP -(Code 1999, § 5-208) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-209_Liquefied_Petroleum_Gas_Code_Adopted,_Penalty" -A "\c" \ - -- "Sec 5-209 Liquefied Petroleum Gas Code Adopted, Penalty" -\& -.IP " 1." 4 -Pamphlet No. -58, Storage and Handling of Liquefied Petroleum Gases, issued by the -National Fire Protection Association, the latest edition thereof, is -hereby adopted and incorporated herein by reference to govern liquefied -petroleum gas. -.IP " 2." 4 -It is unlawful for any person to manufacture, fabricate, assemble, -install or repair any system, container, apparatus or appliance to be -used for the transportation, storage, dispensing or utilization of -liquefied petroleum gas, or to transport, handle, or store such gas, -unless such person shall comply with all the provisions of state law and -this section. -.IP " 3." 4 -All persons, firms, corporations or government entities which own or -operate underground flammable or combustible liquid tanks and associated -underground piping shall test the tanks and piping for tightness at -least once per year. -The test shall be witnessed and certified by the fire department. -The test shall consist of five pounds per square inch of pressure put on -the tank and piping for a period of 30 minutes. -Any reduction of tank contents or loss of air pressure experienced -during the test shall constitute test failure. -The fire department shall then order the tank emptied and associated -equipment shut down, until such time as the faulty equipment is repaired -or replaced and retested. -.LP -(Prior Code, §§ 9-83, 9-84; Code 1999, § 5-209) -.PP -\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. -§ 14-107. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-210_Private_Water_Wells_Prohibited" -A "\c" \ - -- "Sec 5-210 Private Water Wells Prohibited" -\& -.LP -It is unlawful and an offense for any person to drill a well for the -production of water upon property not owned and controlled by the city. -It is unlawful and an offense for any person to produce water from any -well hereafter drilled in violation of this section. -This section shall not apply to any property placed in an agricultural -zoning classification under the zoning ordinances of the city. -.PP -(Prior Code, § 23-26; Code 1999, § 5-210) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-211_House,_Building_Numbering_System" -A "\c" \ - -- "Sec 5-211 House, Building Numbering System" -\& -.IP " 1." 4 -House and business structure numbering shall be east and west from -Broadway and north and south from Main. -The first block from the dividing line in each case shall be the 100 -block, the next the 200 block, the next the 300 block, and so on, each -block being numbered in multiples of 100. -All lots shall be numbered consecutively from the side of the block -nearest the dividing line, starting with one, but in the multiple of 100 -corresponding to the block number, alternating with the odd numbers on -the north and west side and with the even numbers on the south and east -side of all streets and avenues; that is, starting from the dividing -line, the first lot on the north or the west side of the street shall be -numbered 101, and the one directly across the street shall be numbered -102, and so on through each consecutive block in numerical order. -All houses and business structures shall be numbered accordingly. -.IP " 2." 4 -Where the long side of a lot parallels the street or avenue, and in the -case of unplatted areas, each 25 feet of length shall be considered as a -lot for numbering purposes. -.IP " 3." 4 -The areas adjoining the right-of-way of the Oklahoma Railway Company on -the west, on both the north and south sides of Main Street, shall be -treated as blocks and the same method of numbering such blocks and lots -therein shall be followed. -.LP -(Prior Code, § 20-93; Code 1999, § 5-211) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-212_Building_Standards_For_Construction_Of_Residential_Dwellings_Within_Tornado_Damage_Area" -A "\c" \ - -- "Sec 5-212 Building Standards For Construction Of Residential Dwellings Within Tornado Damage Area" -\& -.IP " 1." 4 -Tornado damage area defined. -For purposes of this section, the area of tornado damage resulting from -any tornado that is declared a federal disaster shall be specifically -referred to as the \[dq]tornado damage area.\[dq] -.IP " 2." 4 -No person or other entity shall commence the construction of any -building or structure to be used as a residential dwelling within the -tornado damage area without obtaining a permit, and in order to be -eligible to receive said permit, all planned construction shall conform -to the applicable provisions of the building code adopted in this -article, all other applicable provisions of the city, and in addition -thereto, all planned construction within the tornado damage area shall -specifically conform to the following basic standards: -.RS 4 -.IP " 1." 4 -Each planned residential dwelling structure shall have a minimum of 50 -percent coverage of brick or stone. -For the May 20, 2013, Tornado, the Foxglove Addition, Section 1 and 2, -shall not have a minimum bricking requirement; -.IP " 2." 4 -Each planned residential dwelling structure shall have the minimum -square footage as plat restrictions indicate. -Where the plat restrictions do not indicate a minimum square footage -requirement, each planned residential dwelling structure shall have a -minimum of 1,000 square feet, excluding garage; and -.IP " 3." 4 -Each planned residential dwelling structure is required to have an -attached garage. -.RE -.IP " 3." 4 -In order to determine said conformity, as provided in subsection (B) of -this section, the city may require the submission of detailed plans and -specifications covering the proposed construction of buildings and -residential dwellings within the tornado damage area, and shall refuse -to issue such permit unless the work so planned is in accordance with -the applicable provisions of the city, including the building code and -this section. -.IP " 4." 4 -Nothing in this section shall be construed as repealing any ordinance or -the authority to enact and enforce any ordinance of the city requiring -the submission to the city of plans and specifications and the obtaining -of permits, nor will anything herein in any way impair the power of the -city to regulate the use of land by zoning, building codes or restricted -fire district regulations or otherwise. -.IP " 5." 4 -Penalty. -Unless otherwise provide herein, any person found guilty of violating -any of the provisions of this section shall be guilty of an offense and, -upon conviction thereof, shall be punished by a fine of not more than -$100.00, excluding costs. -Every day that a violation exists shall constitute a separate violation -and shall be subject to the full penalty contained herein. -.LP -(Code 1999, § 5-212; Ord. -No. -262(99), 8-16-1999; Ord. -No. -751(13), 7-1-2013) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2B_MOVING_AND_RELOCATING_BUILDINGS" -A "\c" \ - -- "ARTICLE 5-2B MOVING AND RELOCATING BUILDINGS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-221_Permit_Required_To_Move_Building" -A "\c" \ - -- "Sec 5-221 Permit Required To Move Building" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-222_Permit_Fees" -A "\c" \ - -- "Sec 5-222 Permit Fees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-223_Application_And_Bond_Required" -A "\c" \ - -- "Sec 5-223 Application And Bond Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-224_Issuance_Or_Denial_Of_Permit" -A "\c" \ - -- "Sec 5-224 Issuance Or Denial Of Permit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-225_Interference_With_Trees_And_Fixtures" -A "\c" \ - -- "Sec 5-225 Interference With Trees And Fixtures" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-226_Interference_With_Poles_And_Wires" -A "\c" \ - -- "Sec 5-226 Interference With Poles And Wires" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-227_Safety_Precautions_And_Protection_Of_Property" -A "\c" \ - -- "Sec 5-227 Safety Precautions And Protection Of Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-228_Time_Limit" -A "\c" \ - -- "Sec 5-228 Time Limit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-229_Relocation_Of_Used_Residential_Buildings" -A "\c" \ - -- "Sec 5-229 Relocation Of Used Residential Buildings" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-221_Permit_Required_To_Move_Building" -A "\c" \ - -- "Sec 5-221 Permit Required To Move Building" -\& -.LP -No person shall move any building or structure along or across any -street, alley or roadway within the city without a permit therefor from -the building official issued in accordance with the provisions of the -applicable building codes and this article. -No such permit shall be granted to any person except a bonded house -mover. -Proof of possession of a valid and current state license, and the number -assigned by the state corporation commission, shall be provided to the -building official prior to issuance of a permit. -.PP -(Prior Code, § 5-331; Code 1999, § 5-221) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-222_Permit_Fees" -A "\c" \ - -- "Sec 5-222 Permit Fees" -\& -.LP -Before any permit to move a building or structure is granted under the -provisions of this section, the applicant for such permit shall pay a -fee as provided in the fee schedule. -.PP -(Code 1999, § 5-222) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-223_Application_And_Bond_Required" -A "\c" \ - -- "Sec 5-223 Application And Bond Required" -\& -.LP -Before any person shall be granted a permit for the moving of any -building or structure as provided in this article, he shall file with -the city an application and a bond. -The application shall show the place from where the building is to be -moved, the location where it is to be moved, giving the size thereof and -other information required by the city. -The bond, in the sum as set in the city\[aq]s bond schedule which shall -run in favor of the city and any private person sustaining damages under -the conditions thereof, shall be entitled to sue thereon in his own -name. -The bond shall be conditioned, among other things, that if such -permittee is granted the permit he shall promptly pay all damages and -for all injuries that may accrue to any person or property, either -public or private, within the city when such injury or damages are -inflicted by the permittee or his agents, servants, employees, workers, -contractors or subcontractors, and such bond shall be conditioned also -that the permittee will save, indemnify and protect the city from all -liability which may arise, either directly or indirectly, from the -moving of any building or structure by the permittee, his agents, -servants, employees, workers, contractors or subcontractors, and that -the permittee will in all respects comply with the ordinances of the -city in regard to the moving of buildings or structures and to the use -or obstruction of the streets and other public places of the city. -.PP -(Prior Code, §§ 5-332, 5-334; Code 1999, § 5-223) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-224_Issuance_Or_Denial_Of_Permit" -A "\c" \ - -- "Sec 5-224 Issuance Or Denial Of Permit" -\& -.IP " 1." 4 -At the time an application and bond is filed, the city clerk may issue a -permit for moving the building along the route described if in his -judgment the building can be moved without damage to the property owners -along the route and without damage to city streets. -If the city clerk determines that the building cannot be moved without -damage to property or streets, or for other noncompliance with this -article or applicable law, then he shall endorse on the application -\[dq]REFUSED.\[dq] -.IP " 2." 4 -Once a moving permit is granted, if the move is not completed within six -months after issuance of the permit, the permit shall be revoked and a -new permit must be applied for. -.IP " 3." 4 -If any mover, his servants, agents or employees, shall, while acting -within the scope of this article, damage or destroy any public or -private property and fail or refuse to repair, renew or pay for the -same, or shall fail or refuse to pay for the expense of the raising, -cutting or repair of any electric wire or cable or the removal and -replacement of any pole bearing the same as required by the terms of -this article, a written claim containing a statement of such damages or -expense may be filed with the building official who shall investigate -the same. -If the building official finds the same to be just and reasonable, no -further permits within the scope of this article shall be issued to such -mover until the claim is satisfied. -Denial of such permit may be appealed to the board of adjustment by -filing a notice of appeal with the building official and city clerk -within ten days of the day of denial. -.LP -(Code 1999, § 5-224) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-225_Interference_With_Trees_And_Fixtures" -A "\c" \ - -- "Sec 5-225 Interference With Trees And Fixtures" -\& -.LP -No tree on any street shall be removed or the branches of any tree be -cut or trimmed in order to facilitate the moving of any building, except -with the consent and under the supervision of the city. -No fixture on any street or alley shall be removed, displaced or -otherwise interfered with to facilitate the moving of any building, -except with the consent and under the supervision of the building -official. -.PP -(Code 1999, § 5-225) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-226_Interference_With_Poles_And_Wires" -A "\c" \ - -- "Sec 5-226 Interference With Poles And Wires" -\& -.LP -Whenever for the purpose of facilitating the moving of any building or -structure it is necessary to raise or cut any telephone or telegraph -wire or cable or any electric wire, or move any pole bearing any such -wire or cable, it is the duty of the mover having charge of the moving -of such building or structure to give the person owning or operating the -poles, wires or cables at least 24 hours\[aq] notice of the time and -place when and where the removal of such poles or the raising or cutting -of such wires or cables will be necessary. -After the service of the 24-hour notice, it is the duty of the person -owning or operating the poles, wires or cables to furnish competent -workers or linemen to remove such poles or raise or cut such wires or -cables. -The regular wages of the workers or linemen while engaged at such work -shall be paid by such movers. -No mover shall raise, cut or move any such pole, wire or cable unless -the persons or authorities owning or having control of the same fail or -refuse to do so after such notice. -Only competent workers or linemen shall be employed in such work, and -the same shall be done in a careful and workmanlike manner, and the -poles, wires and cables promptly replaced and damages thereto promptly -repaired at the expense of such mover. -.PP -(Code 1999, § 5-226) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-227_Safety_Precautions_And_Protection_Of_Property" -A "\c" \ - -- "Sec 5-227 Safety Precautions And Protection Of Property" -\& -.LP -No building or structure shall be allowed to remain at a standstill in -any public street or other public place for a period longer than 24 -hours without the consent in writing of the building official. -When any building or structure is left in any street at night, two or -more approved warning lights or signals shall be conspicuously posted at -each end of such building or structure so as to give warning in both -directions of the street. -All other obstructions left in the street shall be safeguarded by -similar lights or signals. -All such lights and signals shall be in good working order when posted, -and shall be securely placed in position. -No such building or structure or other obstruction shall be left -standing at night in any street intersection. -The chief of the fire department and chief of police shall be notified -of the location of any such building or structure left standing in the -street at night. -When necessary to protect pavement or sidewalk, plank of sufficient size -and thickness to prevent injury to such pavement or sidewalk shall be -laid for the wheels of the moving trucks to travel on. -The building official shall have the power to require the use of other -precautionary measures than those specifically mentioned in this article -when necessary or proper to protect life, limb or property. -.PP -(Prior Code, § 5-335, in part; Code 1999, § 5-227) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-228_Time_Limit" -A "\c" \ - -- "Sec 5-228 Time Limit" -\& -.LP -At the time of application for a moving permit, it is the duty of the -mover of the building or structure to estimate the reasonable time -required for the moving of the building from its present location to its -proposed location. -He shall state in his application for a permit what the applicant deems -to be such reasonable time. -The route and time allowed for the moving of the building shall be -determined and fixed by the city manager. -The permit shall especially provide that the building shall be, from the -time any part of the street is used for the moving of same, cleared from -any and all of the streets of the city within a specified number of days -specified therein, Sundays and holidays excepted. -The mover shall bind himself to pay the sum as set by the city per day -for each and every day all or any part of the building or structure -remains on the street in excess of the number of days allowed in the -permit, and his cash deposit shall, in addition to his bond, be -secondarily liable for the payment of the amount. -Nothing but an act of God shall be a defense against the payment of -these sums. -The provisions of this section shall not prevent the city from revoking -a permit in compliance with section 5-224 after a period of six months -has elapsed from the date of issuance of the permit. -.PP -(Code 1999, § 5-228) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-229_Relocation_Of_Used_Residential_Buildings" -A "\c" \ - -- "Sec 5-229 Relocation Of Used Residential Buildings" -\& -.LP -No residential dwelling building or structure shall be relocated in any -zoning district within the city. -.PP -(Code 1999, § 5-229; Ord. -No. -175(96), 12-2-1996) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2C_SIGN_CONTRACTORS" -A "\c" \ - -- "ARTICLE 5-2C SIGN CONTRACTORS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-241_Regulations_Established" -A "\c" \ - -- "Sec 5-241 Regulations Established" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-242_License_Required,_Fee,_Term" -A "\c" \ - -- "Sec 5-242 License Required, Fee, Term" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-243_Transfer" -A "\c" \ - -- "Sec 5-243 Transfer" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-244_Suspension" -A "\c" \ - -- "Sec 5-244 Suspension" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-245_Revocation" -A "\c" \ - -- "Sec 5-245 Revocation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-246_Sign_Contractor's_Bond_Prerequisite_To_Issuance" -A "\c" \ - -- "Sec 5-246 Sign Contractor\[aq]s Bond Prerequisite To Issuance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-247_Inspection" -A "\c" \ - -- "Sec 5-247 Inspection" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-248_Designating_Sign" -A "\c" \ - -- "Sec 5-248 Designating Sign" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-241_Regulations_Established" -A "\c" \ - -- "Sec 5-241 Regulations Established" -\& -.LP -There are hereby established regulations pertaining to the construction -of signs, licensing of sign contractors, and establishment of a fee -schedule for sign permits. -.PP -(Prior Code, § 5-371; Code 1999, § 5-241) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-242_License_Required,_Fee,_Term" -A "\c" \ - -- "Sec 5-242 License Required, Fee, Term" -\& -.LP -No person except a licensed sign contractor shall engage in the business -of manufacturing, installing, erecting, repairing, painting, altering, -servicing, or removing signs requiring permits as provided in this Code. -A sign contractor\[aq]s license may be obtained from the office of the -city clerk upon presentation of satisfactory evidence of qualifications -for the building official and payment of a fee as set by the city. -Such license shall expire annually. -No reduction in fee for a partial year shall be made. -Employees of duly licensed sign contractors shall not be required in the -regular course of such employment to obtain such license or pay such fee -in order to engage in the work of manufacturing, installing, erecting, -repairing, painting, altering, servicing or removing signs in the -regular course of such employment. -.PP -(Prior Code, § 5-372; Code 1999, § 5-242) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-243_Transfer" -A "\c" \ - -- "Sec 5-243 Transfer" -\& -.LP -It is unlawful for any person holding a license to transfer same or -allow the use of same, directly or indirectly, by any other person for -the purpose of obtaining a permit to do any of the sign work herein -specified. -.PP -(Prior Code, § 5-373; Code 1999, § 5-243) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-244_Suspension" -A "\c" \ - -- "Sec 5-244 Suspension" -\& -.LP -The city shall have the right to suspend for a maximum period of 90 days -the license of any sign contractor for a violation of any of the city -ordinances relating to signs. -.PP -(Prior Code, § 5-374; Code 1999, § 5-244) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-245_Revocation" -A "\c" \ - -- "Sec 5-245 Revocation" -\& -.LP -The city shall have the right to revoke the license of any sign -contractor for a violation of any of the city ordinances relating to -signs. -.PP -(Prior Code, § 5-375; Code 1999, § 5-245) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-246_Sign_Contractor's_Bond_Prerequisite_To_Issuance" -A "\c" \ - -- "Sec 5-246 Sign Contractor\[aq]s Bond Prerequisite To Issuance" -\& -.LP -No sign contractor\[aq]s license shall be issued to any applicant until -the applicant therefor shall have deposited with the city clerk a surety -bond in the sum as set by the city, to be known as the sign -contractor\[aq]s bond. -The bond shall be executed by the sign contractor and the surety thereon -shall be a corporate surety company authorized to do business in the -state. -The bond shall be payable to the city, and as a condition shall state -that the licensee will faithfully and properly conduct his business in -compliance with all the ordinances of the city relating to signs and -sign contractors. -The bond shall provide for the payment of all fines and penalties -imposed for the violation of such laws, and for the protection and -indemnification of the city against all damages resulting directly or -indirectly from any injury to persons or property on account of -negligence or unskilled work of the licensee. -.PP -(Prior Code, § 5-376; Code 1999, § 5-246) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-247_Inspection" -A "\c" \ - -- "Sec 5-247 Inspection" -\& -.LP -The building official shall inspect at such times as he deems necessary -each sign regulated by this article. -.PP -(Prior Code, § 5-377; Code 1999, § 5-247) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-248_Designating_Sign" -A "\c" \ - -- "Sec 5-248 Designating Sign" -\& -.LP -Each sign erected by a sign contractor shall have a sign designating who -the sign contractor was who installed the sign, placed in a conspicuous -location. -Such sign shall be a size of no less than two inches in height and eight -inches in width and shall be attached to the sign. -.PP -(Prior Code, § 5-378; Code 1999, § 5-248) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2D_AWNINGS,_CARPORTS_AND_PATIO_COVERS" -A "\c" \ - -- "ARTICLE 5-2D AWNINGS, CARPORTS AND PATIO COVERS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-251_Definition" -A "\c" \ - -- "Sec 5-251 Definition" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-252_Construction_Restrictions" -A "\c" \ - -- "Sec 5-252 Construction Restrictions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-253_Permits_And_Fees" -A "\c" \ - -- "Sec 5-253 Permits And Fees" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-251_Definition" -A "\c" \ - -- "Sec 5-251 Definition" -\& -.LP -Awnings, carports, and patio covers, individually or in combinations, as -used herein, are defined as any structure, whether attached to an -existing structure or freestanding, which is constructed for the purpose -of providing a roof type cover only, for shelter from the sun, rain, -snow, sleet or hail. -.PP -(Prior Code, § 5-316; Code 1999, § 5-251) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-252_Construction_Restrictions" -A "\c" \ - -- "Sec 5-252 Construction Restrictions" -\& -.LP -Awnings, carports and patio covers which extend beyond the front -building line, toward the street, or beyond the side building line on -side streets, may be constructed if they meet the following -requirements: -.IP " 1." 4 -They are not to exceed more than 20 feet beyond the front building line, -but in no instance beyond the front property line of interior lots; -.IP " 2." 4 -They are not to extend more than 20 feet beyond the side building line, -but in no case beyond the side property line of corner lots; -.IP " 3." 4 -They must not be, at any point on the structure, closer than five feet -to an adjacent property line; except, those houses that have a one car -garage as of November 2, 1995, may erect a carport within one foot of -the side property line, provided the structure may not divert any -stormwater to the adjacent property; -.IP " 4." 4 -Construction details must conform to the following: -.RS 4 -.IP " 1." 4 -The structure must be designed to support a load of 20 pounds per square -foot in addition to the weight of the structure; -.IP " 2." 4 -Awnings, carports and patio covers which are attached to an existing -structure shall be attached with one-quarter inch or larger lag screws -in a substantial manner and shall be anchored to each wall stud or to a -masonry wall. -One side of attached awnings, carports or patio cover structures shall -be supported by 1½-inch diameter by 14 gauge steel columns, or columns -of equivalent strength, set in concrete footings not less than 12 inches -deep nor less than 12 inches in diameter; -.IP " 3." 4 -Freestanding carports or patio covers shall be supported by 2½-inch -diameter by 14 gauge steel columns or columns of equivalent strength, -set in concrete footings not less than 24 inches deep nor less than 12 -inches in diameter; -.IP " 4." 4 -All concrete in footings shall be 2,000 pounds per square inch quality; -.IP " 5." 4 -Roof slope shall be at least 3/16 -inch per foot; and -.IP " 6." 4 -All bolts and screws used in the structure shall be cadmium plated or -equal. -.RE -.LP -(Prior Code, § 5-317; Code 1999, § 5-252; Ord. -No. -131(95), 11-2-1995) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-253_Permits_And_Fees" -A "\c" \ - -- "Sec 5-253 Permits And Fees" -\& -.IP " 1." 4 -A permit must be obtained from the city clerk upon written application -showing compliance with this article and other applicable ordinances of -the city. -.IP " 2." 4 -Such application shall contain the address of the applicant along with a -detailed drawing showing the desired specification of the proposed -awning, carport or patio cover and showing on such drawing compliance -with this article in all particulars. -The application will be on forms prepared by the city clerk and shall -contain such other information as is deemed necessary by him. -.IP " 3." 4 -No permit will be issued until the permit fee is paid to the city clerk. -It shall be an offense to construct an awning, carport or patio cover -without having first secured a permit as provided in this article. -.LP -(Prior Code, § 5-318; Code 1999, § 5-253) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2E_FENCES" -A "\c" \ - -- "ARTICLE 5-2E FENCES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-261_Short_Title" -A "\c" \ - -- "Sec 5-261 Short Title" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-262_Definitions" -A "\c" \ - -- "Sec 5-262 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-263_Application" -A "\c" \ - -- "Sec 5-263 Application" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-264_Bond_Prerequisite_To_Issuance" -A "\c" \ - -- "Sec 5-264 Bond Prerequisite To Issuance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-265_Transfer" -A "\c" \ - -- "Sec 5-265 Transfer" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-266_Suspension" -A "\c" \ - -- "Sec 5-266 Suspension" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-267_Revocation" -A "\c" \ - -- "Sec 5-267 Revocation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-268_Expiration;_Renewal" -A "\c" \ - -- "Sec 5-268 Expiration; Renewal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-269_Permits_Required" -A "\c" \ - -- "Sec 5-269 Permits Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-270_Application" -A "\c" \ - -- "Sec 5-270 Application" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-271_Issuance" -A "\c" \ - -- "Sec 5-271 Issuance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-272_Fees" -A "\c" \ - -- "Sec 5-272 Fees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-273_Revocation" -A "\c" \ - -- "Sec 5-273 Revocation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-274_Inspection" -A "\c" \ - -- "Sec 5-274 Inspection" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-275_Zoning_Restrictions" -A "\c" \ - -- "Sec 5-275 Zoning Restrictions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-276_Designating_Sign" -A "\c" \ - -- "Sec 5-276 Designating Sign" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-261_Short_Title" -A "\c" \ - -- "Sec 5-261 Short Title" -\& -.LP -This article shall hereafter be known and cited as the \[dq]fence -regulations\[dq] of the city. -.PP -(Prior Code, § 6-131; Code 1999, § 5-261) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-262_Definitions" -A "\c" \ - -- "Sec 5-262 Definitions" -\& -.LP -The following words, terms and phrases, when used in this article, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Erect\f[R] means to build, construct, attach, hang, place or affix -in any manner all fences as defined in this section. -.PP -\f[I]Fence\f[R] means and includes every fence that is permanently -attached to the ground, including chainlink fences, redwood fences, -masonry fences, wood fences, but not limited thereto, and not including -fences in agricultural zones within the limits of the city. -.PP -\f[I]Fence contractor\f[R] means any person engaged in the business of -constructing, installing, erecting, repairing or servicing fences as -defined in this section. -.PP -(Prior Code, § 6-132; Code 1999, § 5-262) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-263_Application" -A "\c" \ - -- "Sec 5-263 Application" -\& -.LP -Before a fence contractor shall be licensed to install any fence or make -alterations or additions to existing fences, he shall file with the -building official an application in writing for a license to do such -work. -Such application shall be filed with the building official of the city -and information furnished thereon shall include: -.IP " 1." 4 -Name of the applicant; -.IP " 2." 4 -Address of the applicant; -.IP " 3." 4 -Number of years\[aq] experience in the fence business; -.IP " 4." 4 -Employment of the applicant over the last ten years; -.IP " 5." 4 -A record of any convictions of such applicant on any felony criminal -charge; -.IP " 6." 4 -Three references; and -.IP " 7." 4 -Any other items deemed desirable by the building official. -.LP -(Prior Code, § 6-135; Code 1999, § 5-263) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-264_Bond_Prerequisite_To_Issuance" -A "\c" \ - -- "Sec 5-264 Bond Prerequisite To Issuance" -\& -.LP -No fence contractor\[aq]s license shall be issued to any applicant until -the applicant therefor shall have deposited with the city clerk a surety -bond in the sum set by the city to be known as the fence -contractor\[aq]s bond. -Such bond shall be executed by the fence contractor and the surety -thereon shall be a corporate surety company authorized to do business in -the state. -The bond shall be payable to the city, and as a condition shall state -that the licensee shall faithfully and properly conduct his business in -compliance with all ordinances of the city relating to fences and fence -contractors and for the payment of all fines and penalties imposed for -the violation of such laws, and for the protection and indemnification -of the city against all damages resulting directly or indirectly from -any injury to persons or property on account of negligence or unskilled -work of the licensee. -.PP -(Prior Code, § 6-136; Code 1999, § 5-264) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-265_Transfer" -A "\c" \ - -- "Sec 5-265 Transfer" -\& -.LP -It is unlawful for any person holding a fence contractor\[aq]s license -to transfer the same or allow the use of same, directly or indirectly, -by any other person for the purpose of obtaining a permit to do any of -the fence work herein specified. -.PP -(Prior Code, § 6-138; Code 1999, § 5-265) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-266_Suspension" -A "\c" \ - -- "Sec 5-266 Suspension" -\& -.LP -The building official shall have the right to suspend for a maximum -period of 90 days the license of any fence contractor for violating any -of the city ordinances relating to fences. -.PP -(Prior Code, § 6-139; Code 1999, § 5-266) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-267_Revocation" -A "\c" \ - -- "Sec 5-267 Revocation" -\& -.LP -The city shall have the right to revoke the license of any fence -contractor for a violation of any of the city ordinances relating to -fences. -.PP -(Prior Code, § 6-140; Code 1999, § 5-267) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-268_Expiration;_Renewal" -A "\c" \ - -- "Sec 5-268 Expiration; Renewal" -\& -.IP " 1." 4 -A fence contractor\[aq]s license shall expire annually. -No reduction in fee for a partial year shall be made. -.IP " 2." 4 -Any person who holds a license in his name may renew the license upon -the payment of the fee to the city treasurer within 30 days after -expiration thereof, unless such license has been revoked prior to -expiration by the city. -.LP -(Prior Code, § 6-141; Code 1999, § 5-268) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-269_Permits_Required" -A "\c" \ - -- "Sec 5-269 Permits Required" -\& -.LP -It is unlawful for any person acting as a fence contractor or such -contractor\[aq]s employee to construct, erect, install, alter, or locate -within the city any fence as defined in this article without the -contractor\[aq]s obtaining a permit from the building department of the -city and paying the fee required by this article. -Employees of a contractor shall not be required to obtain a permit if -the fence contractor has obtained a permit for the erection of such -fence. -No permit shall be required in agricultural zones. -.PP -(Prior Code, § 6-142; Code 1999, § 5-269) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-270_Application" -A "\c" \ - -- "Sec 5-270 Application" -\& -.LP -Application for fence erection permits shall be made upon blanks -provided by the building official and shall contain or have attached the -following information: -.IP " 1." 4 -Name and address of the applicant; -.IP " 2." 4 -Location of lot upon which the fence is to be constructed; -.IP " 3." 4 -The name of the person erecting such fence; and -.IP " 4." 4 -Such other information as the building official shall require to show -full compliance with this article and all other laws and ordinances of -the city. -.LP -(Prior Code, § 6-143; Code 1999, § 5-270) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-271_Issuance" -A "\c" \ - -- "Sec 5-271 Issuance" -\& -.LP -It is the duty of the building official upon the filing of an -application for a fence erection permit, if it is in order and in -compliance with all the regulations of this article and other laws and -ordinances of the city, to issue the erection permit. -If the work authorized under an erection permit has not been completed -prior to 12 months from the date of issuance, the permit shall become -null and void. -.PP -(Prior Code, § 6-144; Code 1999, § 5-271) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-272_Fees" -A "\c" \ - -- "Sec 5-272 Fees" -\& -.LP -Every applicant, before being granted a fence erection permit under this -article shall pay to the city clerk the permit fee for each fence. -.PP -(Prior Code, § 6-145; Code 1999, § 5-272) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-273_Revocation" -A "\c" \ - -- "Sec 5-273 Revocation" -\& -.LP -The building official is hereby empowered and authorized to revoke any -fence erection permit issued by him upon failure of the holder thereof -to comply with any provision of any city ordinance relating to fences. -.PP -(Prior Code, § 6-146; Code 1999, § 5-273) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-274_Inspection" -A "\c" \ - -- "Sec 5-274 Inspection" -\& -.LP -The building official shall inspect at such times as he deems necessary -each fence regulated by this article. -.PP -(Prior Code, § 6-147; Code 1999, § 5-274) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-275_Zoning_Restrictions" -A "\c" \ - -- "Sec 5-275 Zoning Restrictions" -\& -.IP " 1." 4 -Each fence shall be defined as a structure and shall come under the -regulations of any structure in the zoning ordinances. -.IP " 2." 4 -Special variances from the zoning ordinances relative to fences may be -granted in the case of hardship upon application to the building -official for a special variance. -Before granting such variance, the building official shall have a -favorable recommendation from the traffic and fire departments, and a -fee will be required to investigate such hardships. -.LP -(Prior Code,§ 6-148; Code 1999, § 5-275) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-276_Designating_Sign" -A "\c" \ - -- "Sec 5-276 Designating Sign" -\& -.LP -Each fence erected by a fence contractor shall have a sign designating -who the fence contractor was who installed the fence, placed in a -conspicuous location on the street side of the fence. -Such sign shall be a size of no less than two inches in height and eight -inches in width and shall be attached to the fence. -.PP -(Prior Code, § 6-149; Code 1999, § 5-276) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2F_SWIMMING_POOLS" -A "\c" \ - -- "ARTICLE 5-2F SWIMMING POOLS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-281_Short_Title" -A "\c" \ - -- "Sec 5-281 Short Title" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-282_Definitions" -A "\c" \ - -- "Sec 5-282 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-283_Application_For_License" -A "\c" \ - -- "Sec 5-283 Application For License" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-284_Bond_Prerequisite_To_Issuance" -A "\c" \ - -- "Sec 5-284 Bond Prerequisite To Issuance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-285_Transfer" -A "\c" \ - -- "Sec 5-285 Transfer" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-286_Suspension" -A "\c" \ - -- "Sec 5-286 Suspension" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-287_Revocation_Of_License" -A "\c" \ - -- "Sec 5-287 Revocation Of License" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-288_Expiration;_Renewal" -A "\c" \ - -- "Sec 5-288 Expiration; Renewal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-289_Permits_Required" -A "\c" \ - -- "Sec 5-289 Permits Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-290_Application_For_Permit" -A "\c" \ - -- "Sec 5-290 Application For Permit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-291_Issuance" -A "\c" \ - -- "Sec 5-291 Issuance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-292_Fees" -A "\c" \ - -- "Sec 5-292 Fees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-293_Revocation_Of_Permit" -A "\c" \ - -- "Sec 5-293 Revocation Of Permit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-294_Inspection" -A "\c" \ - -- "Sec 5-294 Inspection" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-295_Zoning_Restrictions_And_Requirements" -A "\c" \ - -- "Sec 5-295 Zoning Restrictions And Requirements" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-296_Designating_Sign" -A "\c" \ - -- "Sec 5-296 Designating Sign" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-297_Penalties" -A "\c" \ - -- "Sec 5-297 Penalties" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-281_Short_Title" -A "\c" \ - -- "Sec 5-281 Short Title" -\& -.LP -This article shall hereafter be known and cited as the \[dq]swimming -pool regulations\[dq] of the city. -.PP -(Code 1999, § 5-281; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-282_Definitions" -A "\c" \ - -- "Sec 5-282 Definitions" -\& -.LP -The following words, terms and phrases, when used in this article, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Install\f[R] means to build, construct, or erect in any manner all -swimming pools as defined in this section. -.PP -\f[I]Swimming pool\f[R] means and includes every swimming pool that is -permanently installed in the ground or on the ground including in-ground -pools and above-ground pools requiring professional installation, but -not limited thereto. -.PP -\f[I]Swimming pool contractor\f[R] means any person engaged in the -business of constructing, installing, repairing or servicing swimming -pools as defined in this section. -.PP -(Code 1999, § 5-282; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-283_Application_For_License" -A "\c" \ - -- "Sec 5-283 Application For License" -\& -.LP -Before a swimming pool contractor shall be licensed to install any -swimming pool or make alternations or additions to existing swimming -pools, he shall file with the building official an application in -writing for a license to do such work. -A license fee shall be applicable as set forth in the city\[aq]s -schedule of fees. -Such application shall be filed with the building official of the city -and information furnished thereon shall include: -.IP " 1." 4 -Name of the applicant; -.IP " 2." 4 -Address of the applicant; -.IP " 3." 4 -Number of years\[aq] experience in the swimming pool business; -.IP " 4." 4 -Employment of the applicant over the last ten years; -.IP " 5." 4 -A record of any convictions of such applicant on any felony criminal -charge; -.IP " 6." 4 -Three references; and -.IP " 7." 4 -Any other items deemed desirable by the building official. -.LP -(Code 1999, § 5-283; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-284_Bond_Prerequisite_To_Issuance" -A "\c" \ - -- "Sec 5-284 Bond Prerequisite To Issuance" -\& -.LP -No swimming pool contractor\[aq]s license shall be issued to any -applicant until the applicant therefor shall have deposited with the -city clerk a surety bond in the sum set by the city to be known as the -swimming pool contractor\[aq]s bond. -Such bond shall be executed by the swimming pool contractor and the -surety thereon shall be a corporate surety company authorized to do -business in the state. -The bond shall be payable to the city, and as a condition shall state -that the licensee shall faithfully and properly conduct his business in -compliance with all ordinances of the city relating to swimming pools -and swimming pool contractors and for the payment of all fines and -penalties imposed for the violation of such laws, and for the protection -and indemnification of the city against all damages resulting directly -or indirectly from any injury to persons or property on account of -negligence or unskilled work of the licensee. -.PP -(Code 1999, § 5-284; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-285_Transfer" -A "\c" \ - -- "Sec 5-285 Transfer" -\& -.LP -It is unlawful for any person holding a swimming pool contractor\[aq]s -license to transfer the same or allow the use of same, directly or -indirectly, by any other person for the purpose of obtaining a permit to -do any of the swimming pool work herein specified. -.PP -(Code 1999, § 5-285; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-286_Suspension" -A "\c" \ - -- "Sec 5-286 Suspension" -\& -.LP -The building official shall have the right to suspended for a maximum -period of one year the license of any swimming pool contractor for -violating any of the city ordinances relating to swimming pools. -.PP -(Code 1999, § 5-286; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-287_Revocation_Of_License" -A "\c" \ - -- "Sec 5-287 Revocation Of License" -\& -.LP -The city shall have the right to revoke the license of any swimming pool -contractor for a violation of any of the city ordinances relating to -swimming pools. -.PP -(Code 1999, § 5-287; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-288_Expiration;_Renewal" -A "\c" \ - -- "Sec 5-288 Expiration; Renewal" -\& -.IP " 1." 4 -A swimming pool contractor\[aq]s license shall expire annually. -No reduction in fee for a partial year shall be made. -.IP " 2." 4 -Any person who holds a license in his name may renew the license upon -the payment of the fee to the city treasurer within 30 days after -expiration thereof, unless such license has been revoked prior to -expiration by the city. -.LP -(Code 1999, § 5-288; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-289_Permits_Required" -A "\c" \ - -- "Sec 5-289 Permits Required" -\& -.LP -It is unlawful for any person acting as a swimming pool contractor or -such contractor\[aq]s employee to construct, install, alter, or locate -within the city any swimming pool as defined in this article without the -contractor\[aq]s obtaining a permit from the building department of the -city and paying the fee required by this article. -Swimming pool contractors shall be required to pull the necessary -building permits, and no such permit shall be issued to a homeowner. -.PP -(Code 1999, § 5-289; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-290_Application_For_Permit" -A "\c" \ - -- "Sec 5-290 Application For Permit" -\& -.LP -Application for swimming pool erection permits shall be made upon blanks -provided by the building official and shall contain or have attached the -following information: -.IP " 1." 4 -Name and address of the applicant; -.IP " 2." 4 -Location of lot upon which the swimming pool is to be constructed; -.IP " 3." 4 -The name of the person erecting such swimming pool; and -.IP " 4." 4 -Such other information as the building official shall require to show -full compliance with this article and all other laws and ordinances of -the city. -.LP -(Code 1999, § 5-290; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-291_Issuance" -A "\c" \ - -- "Sec 5-291 Issuance" -\& -.LP -It is the duty of the building official upon the filing of an -application for a swimming pool erection permit, if it is in order and -in compliance with all the regulations of this article and other laws -and ordinances of the city, to issue the erection permit. -If the work authorized under an erection permit has not been completed -prior to 12 months from the date of issuance, the permit shall become -null and void. -.PP -(Code 1999, § 5-291; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-292_Fees" -A "\c" \ - -- "Sec 5-292 Fees" -\& -.LP -Every applicant, before being granted a swimming pool erection permit -under this article, shall pay to the city clerk the permit fee for each -swimming pool. -.PP -(Code 1999, § 5-292; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-293_Revocation_Of_Permit" -A "\c" \ - -- "Sec 5-293 Revocation Of Permit" -\& -.LP -The building official is hereby empowered and authorized to revoke any -swimming pool erection permit issued by him upon failure of the holder -thereof to comply with any provision of any city ordinance relating to -swimming pools. -.PP -(Code 1999, § 5-293; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-294_Inspection" -A "\c" \ - -- "Sec 5-294 Inspection" -\& -.LP -The building official shall inspect at such times as he deems necessary -each swimming pool regulated by this article. -.PP -(Code 1999, § 5-294; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-295_Zoning_Restrictions_And_Requirements" -A "\c" \ - -- "Sec 5-295 Zoning Restrictions And Requirements" -\& -.IP " 1." 4 -Each swimming pool shall be defined as a structure and shall come under -the regulations of any structure in the zoning ordinances. -.IP " 2." 4 -Each swimming pool falling under this article shall be required at the -time of installation a hookup to the sanitary sewer system for draining -and backwashing. -.IP " 3." 4 -When a swimming pool is removed from the premises, any holes or -indentations in the ground shall be leveled so as to prevent water -collection or any other public health nuisance or hazard as defined by -this Code. -.IP " 4." 4 -All pools, regardless of in-ground or above-ground, shall be completely -enclosed by a fence of at least four feet in height. -Openings in the fence shall be less than four inches in width. -The fence shall have self-closing and self-latching gates. -.IP " 5." 4 -Special variances from the zoning ordinances relative to swimming pools -may be granted in the case of hardship upon application to the board of -adjustment and approval of such board. -.LP -(Code 1999, § 5-295; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-296_Designating_Sign" -A "\c" \ - -- "Sec 5-296 Designating Sign" -\& -.LP -Each swimming pool erected by a swimming pool contractor shall have a -sign designating who the swimming pool contractor was who installed the -swimming pool, placed in a conspicuous location on the street side of -the swimming pool. -Such sign shall be a size of no less than two inches in height and eight -inches in width and shall be attached to the swimming pool. -.PP -(Code 1999, § 5-296; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-297_Penalties" -A "\c" \ - -- "Sec 5-297 Penalties" -\& -.LP -It shall be deemed an offense for any swimming pool contractor to engage -in the business of constructing, installing, repairing or servicing -swimming pools as defined in this section without a valid license from -the city. -Each offense is punishable by a written citation. -.PP -(Code 1999, § 5-297; Ord. -No. -589(07), 7-16-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-3_PLUMBING_CODE_AND_REGULATIONS" -A "\c" \ - -- "CHAPTER 5-3 PLUMBING CODE AND REGULATIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3A_GENERAL_PROVISIONS" -A "\c" \ - -- "ARTICLE 5-3A GENERAL PROVISIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3B_PLUMBERS'_REGISTRATION" -A "\c" \ - -- "ARTICLE 5-3B PLUMBERS\[aq] REGISTRATION" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] The Plumbing License Law of 1955, 59 -O.S. -§ 1001 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3A_GENERAL_PROVISIONS" -A "\c" \ - -- "ARTICLE 5-3A GENERAL PROVISIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-301_Adoption_Of_The_2015_International_Plumbing_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ - -- "Sec 5-301 Adoption Of The 2015 International Plumbing Code, As Amended And Modified By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-302_Additions,_Insertions_And_Changes" -A "\c" \ - -- "Sec 5-302 Additions, Insertions And Changes" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-303_Administration" -A "\c" \ - -- "Sec 5-303 Administration" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-304_Dangerous_And_Insanitary_Construction" -A "\c" \ - -- "Sec 5-304 Dangerous And Insanitary Construction" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-305_Backwater_Valves;_When_Required;_Specifications" -A "\c" \ - -- "Sec 5-305 Backwater Valves; When Required; Specifications" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-306_Violations_And_Penalties" -A "\c" \ - -- "Sec 5-306 Violations And Penalties" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-301_Adoption_Of_The_2015_International_Plumbing_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ - -- "Sec 5-301 Adoption Of The 2015 International Plumbing Code, As Amended And Modified By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" -\& -.LP -Pursuant to section 2-15 of the Charter, the council may by ordinance -adopt, by reference, codes which shall be considered to have the same -effect as if set out in full in this Code. -Pursuant to this authority, the council hereby ordains that a certain -document, at least one copy of which is on file in the office of the -city clerk, being marked and designated as \[dq]The International -Plumbing Code 2015,\[dq] as amended and modified by the state uniform -building code commission pursuant to 59 O.S. -§ 1000.23, is hereby adopted as the plumbing code of the city; for the -control of buildings and structures as herein provided, referred to -herein as the \[dq]plumbing code.\[dq] Each and all of the regulations, -provisions, penalties, conditions and terms of the International -Plumbing Code are hereby referred to, adopted and made a part hereof, as -if fully set out in this Code, with the additions, insertions, and -changes, if any, as prescribed and set out herein. -.PP -(Code 1999, § 5-301; Ord. -No. -494(89), 9-5-1989; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997; Ord. -No. -374(02), 8-19-2002; Ord. -No. -538(06), 2-21-2006; Ord. -No. -637(08), 12-15-2008) -.PP -\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. -§ 14-107. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324074_Ordinance%20No.%20739%20(13).pdf" -A "\c" \ - -- "739(13)" -\& on 2/4/2013 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334384_Ordinance%20No.%20862(17).pdf" -A "\c" \ - -- "862(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-302_Additions,_Insertions_And_Changes" -A "\c" \ - -- "Sec 5-302 Additions, Insertions And Changes" -\& -.LP -The following sections of the plumbing code are hereby revised, deleted, -or amended as set out below. -Items in brackets [ ] are phrases that shall be deemed inserted into the -appropriation section of the plumbing code: -.IP " 1." 4 -Section 101.1, insert: [City of Moore]. -.IP " 2." 4 -Section 106.6.2, Insert: [As provided in the city\[aq]s fee schedule]. -.IP " 3." 4 -Section 108.4 Violation Penalties, delete existing language in this -section and replace with the following: -.br -[Penalties: Any person who shall violate a provision of this code, or -shall fail to comply with any of the requirements thereof, or who shall -install plumbing work in violation of an approved plan of lawful -directive of this code, shall be guilty of a municipal offense, -punishable by a fine of not more than $200.00 or by imprisonment not to -exceed ten days, or both such fine and imprisonment]. -.IP " 4." 4 -Section 109.2.1 Qualifications, delete existing language in this section -and replace with the following: -.br -[This board shall be composed of two members who shall be plumbing -contractors licensed with the city and two members who shall be -journeyman plumbers licensed with the city; the building official shall -serve as ex officio member]. -.IP " 5." 4 -Section 301.8 is hereby added and shall read as follows: -.br -[A public water main or public sewer system shall be considered -available to a building when the building is located within 200 feet of -the public water or sewer]. -.IP " 6." 4 -Section 305.4, delete last sentence and insert: -.br -[Water service piping shall be installed below record frost penetration -but not less than two feet below grade]. -.IP " 7." 4 -Insert section 703.7 to read as follows: -.br -[Building Sewer Sizing: Building sewer shall not be smaller than three -inches in diameter. -All tapping saddles shall be plastic saddle tees with one strap on each -side of tee, completely secured around main line. -Building sewer pipe shall be for six-inch or smaller PVC SCH-40 and for -six-inch and larger either PVC SCH-40 or Heavy Duty SDR-35. -.IP " 8." 4 -Section 705.2.1, insert last sentence to read as follows: -.br -[Any elastomeric joint on an underground sewer shall be fully banded]. -.LP -(Code 1999, § 5-302; Ord. -No. -494(89), 9-5-1989; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997; Ord. -No. -374(02), 8-19-2002; Ord. -No. -538(06), 2-21-2006; Ord. -No. -579(07), 3-5-2007; Ord. -No. -637(08), 12-15-2008) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324074_Ordinance%20No.%20739%20(13).pdf" -A "\c" \ - -- "739(13)" -\& on 2/4/2013 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334384_Ordinance%20No.%20862(17).pdf" -A "\c" \ - -- "862(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-303_Administration" -A "\c" \ - -- "Sec 5-303 Administration" -\& -.LP -The administration and enforcement of this chapter shall be the -responsibility of the plumbing official who shall be the building -official, or his designee, unless another official is appointed. -.PP -(Code 1999, § 5-303) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-304_Dangerous_And_Insanitary_Construction" -A "\c" \ - -- "Sec 5-304 Dangerous And Insanitary Construction" -\& -.IP " 1." 4 -Any portion of a plumbing system found by the plumbing official to be -insanitary as defined herein is hereby declared to be a nuisance. -.IP " 2." 4 -Whenever brought to the attention of the city that any insanitary -conditions exist or that any construction or work regulated by this Code -is dangerous, unsafe, insanitary, a nuisance or a menace to life, health -or property or otherwise in violation of this Code, city personnel may -request an investigation by the plumbing official who, upon determining -such information to be fact, shall order any person using or maintaining -any such condition or responsible for the use or maintenance thereof to -discontinue the use or maintenance thereof or to repair, alter, remove -or demolish same as he may consider necessary for the proper protection -of life, health or property, and in the case of any gas piping or gas -appliance may order any person applying gas to such piping or appliance -to discontinue supplying gas thereto until such piping or appliance is -made safe to life, health or property. -Every such order shall be in writing, addressed to the owner, agent or -person responsible for the premises in which such condition exists and -shall specify the date or time for compliance with such order. -.IP " 3." 4 -Refusal, failure or neglect to comply with any such notice or order -shall be considered a violation of this Code. -.IP " 4." 4 -When any plumbing system is maintained in violation of this Code and in -violation of any notice issued pursuant to the provisions of this -section or where a nuisance exists in any building or on a lot on which -a building is situated, the plumbing official shall institute any -appropriate action or proceeding in any court of competent jurisdiction -to prevent, restrain, correct or abate the violation or nuisance. -.LP -(Code 1999, § 5-304) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-305_Backwater_Valves;_When_Required;_Specifications" -A "\c" \ - -- "Sec 5-305 Backwater Valves; When Required; Specifications" -\& -.LP -There shall be two directional cleanouts with a backwater valve in -between the two directional cleanouts near the junction of the building -drain and building sewer. -The two directional cleanouts and backwater valve shall be outside the -building wall, provided that it is brought up to finish grade. -Backwater valves shall be subject to the following specifications: -.IP " 1." 4 -The installation of backwater devices shall be in accordance with lawful -requirements of the administrative authority; -.IP " 2." 4 -Backwater valves shall be installed in the building drain branch which -receives only the discharge from fixtures connected to branches which -are located below ground level; -.IP " 3." 4 -Backwater valves shall have all bearing parts of corrosion-resistant -material; -.IP " 4." 4 -Backwater valves shall be installed so their working parts will be -readily accessible for service and repairs; and -.IP " 5." 4 -Backwater valves shall be constructed so a mechanical seal against -backflow will be provided. -.LP -(Code 1999, § 5-305) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334719_Ordinance%20No.%20868(17).pdf" -A "\c" \ - -- "868(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-306_Violations_And_Penalties" -A "\c" \ - -- "Sec 5-306 Violations And Penalties" -\& -.IP " 1." 4 -Any person violating any provisions of this chapter shall be deemed -guilty of an offense and, upon conviction thereof, shall be punishable -as provided in section 1-108 or by revocation of the plumber\[aq]s -license, or by both fine and revocation of the plumber\[aq]s license. -Each separate day or any portion thereof during which any violation of -this chapter occurs or continues shall be deemed to constitute a -separate offense, and, upon conviction thereof, shall be punished as -herein provided. -.IP " 2." 4 -The issuance or granting of a permit or approval of plans and -specifications shall not be deemed or construed to be a permit for or an -approval of any violation of any of the provisions of this chapter. -No permit presuming to give authority to violate or cancel the -provisions of this chapter shall be valid, except insofar as the work or -use which it authorized is lawful. -.LP -(Code 1999, § 5-306) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3B_PLUMBERS'_REGISTRATION" -A "\c" \ - -- "ARTICLE 5-3B PLUMBERS\[aq] REGISTRATION" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-311_Definitions" -A "\c" \ - -- "Sec 5-311 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-312_Contractors_To_Be_Registered" -A "\c" \ - -- "Sec 5-312 Contractors To Be Registered" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-313_Contractor's_Registration_Not_Transferable" -A "\c" \ - -- "Sec 5-313 Contractor\[aq]s Registration Not Transferable" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-314_Amendment_Of_Contractor's_Registration" -A "\c" \ - -- "Sec 5-314 Amendment Of Contractor\[aq]s Registration" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-315_Employment_Of_Contractor" -A "\c" \ - -- "Sec 5-315 Employment Of Contractor" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-316_Contractor's_Place_Of_Business,_Telephone,_Sign" -A "\c" \ - -- "Sec 5-316 Contractor\[aq]s Place Of Business, Telephone, Sign" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-317_Display_Of_Contractor's_Sign_And_Registration_Number" -A "\c" \ - -- "Sec 5-317 Display Of Contractor\[aq]s Sign And Registration Number" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-318_Contractors_Employing_Unqualified_Workmen" -A "\c" \ - -- "Sec 5-318 Contractors Employing Unqualified Workmen" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-319_Partnerships,_Firms_And_Corporations_In_Plumbing_Business" -A "\c" \ - -- "Sec 5-319 Partnerships, Firms And Corporations In Plumbing Business" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-320_Issuance_Of_Contractor's_Registration,_Expiration,_Renewal,_Fees" -A "\c" \ - -- "Sec 5-320 Issuance Of Contractor\[aq]s Registration, Expiration, Renewal, Fees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-321_Failure_To_Renew_Contractor's_Registration" -A "\c" \ - -- "Sec 5-321 Failure To Renew Contractor\[aq]s Registration" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-322_Time_For_Contractor_Registration,_Partial_Year_Registration_Expiration_Date" -A "\c" \ - -- "Sec 5-322 Time For Contractor Registration, Partial Year Registration Expiration Date" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-323_Contractor's_Registration_Revocation,_Suspension" -A "\c" \ - -- "Sec 5-323 Contractor\[aq]s Registration Revocation, Suspension" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-324_Journeymen_To_Be_Licensed,_Registered" -A "\c" \ - -- "Sec 5-324 Journeymen To Be Licensed, Registered" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-325_Supervision_Of_Journeymen" -A "\c" \ - -- "Sec 5-325 Supervision Of Journeymen" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-326_Registration_Of_Apprentices_Required;_Supervision" -A "\c" \ - -- "Sec 5-326 Registration Of Apprentices Required; Supervision" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-327_Number_Of_Apprentices" -A "\c" \ - -- "Sec 5-327 Number Of Apprentices" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] The Plumbing License Law of 1955, 59 -O.S. -§ 1001 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-311_Definitions" -A "\c" \ - -- "Sec 5-311 Definitions" -\& -.LP -The following words, terms and phrases, when used in this article, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Apprentice\f[R] or \f[I]plumber\[aq]s apprentice\f[R] means any -person 16 years of age or over who is engaged in learning and assisting -in the installation of plumbing under the direct supervision of a -licensed journeyman plumber or plumbing contractor. -.PP -\f[I]Journeyman plumber\f[R] means any person who performs the manual -work of installing plumbing under the direction of a master plumber or -plumbing contractor. -This definition may be construed to mean any person who has qualified -and is licensed under The Oklahoma State Plumbing Licensing Law of 1955 -(59 O.S. -§ 1001 et seq.) -to act as a journeyman plumber according to the requirements of such -Law. -.PP -\f[I]Plumbing contractor\f[R] means any person skilled in the planning, -superintending and practical installation of plumbing and is familiar -with the laws, rules and regulations governing the same. -This definition may be construed to mean any person who has qualified -and is licensed under the Oklahoma State Plumbing Licensing Law, who may -operate as an individual, a firm, partnership or corporation to engage -in the business of plumbing, or the business of contracting to do, or -furnish labor or labor and materials for the installation, repair, -maintenance or renovation of plumbing, according to the requirements of -the Oklahoma State Plumbing Licensing Law of 1955 (59 O.S. -§ 1001 et seq.) -.PP -(Code 1999, § 5-311) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-312_Contractors_To_Be_Registered" -A "\c" \ - -- "Sec 5-312 Contractors To Be Registered" -\& -.LP -No person shall operate a place of business or engage in the business of -contracting to do plumbing or the installation of plumbing fixtures or -any sanitary equipment or installation of lawn sprinklers or making -connections with a water sewer main until he has complied with the -requirements of this article and has been registered and bonded as a -plumbing contractor. -The certificate of registration shall be issued only to individuals who -have furnished satisfactory evidence of compliance with the laws of the -state, and satisfactory evidence of responsibility and skill as provided -by this article. -The registration shall show thereon the individual\[aq]s business -address and his business connections. -.PP -(Code 1999, § 5-312; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ - -- "863(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-313_Contractor's_Registration_Not_Transferable" -A "\c" \ - -- "Sec 5-313 Contractor\[aq]s Registration Not Transferable" -\& -.LP -A plumbing contractor\[aq]s registration shall not be transferred, -loaned or assigned. -.PP -(Code 1999, § 5-313; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-314_Amendment_Of_Contractor's_Registration" -A "\c" \ - -- "Sec 5-314 Amendment Of Contractor\[aq]s Registration" -\& -.LP -In the event the person holding a certificate of registration, or -license, as a plumbing contractor changes his business address or his -business connection, association or employment, he shall, within five -days thereafter, notify the plumbing inspector of such change and -present his certificate of registration to the plumbing inspector for -amendment. -The plumbing inspector shall thereupon write in the certificate of -registration the new address or business connection, or both, together -with the date of the change thereof and note the changes in the records -of his office. -.PP -(Code 1999, § 5-314; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-315_Employment_Of_Contractor" -A "\c" \ - -- "Sec 5-315 Employment Of Contractor" -\& -.LP -No person other than a plumbing contractor shall hire, engage, or employ -any person to do any plumbing within the city, or work that connects -with a city water or sewer main outside the city, who is not a licensed -and registered plumbing contractor under the terms of this article. -.PP -(Code 1999, § 5-315; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ - -- "863(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-316_Contractor's_Place_Of_Business,_Telephone,_Sign" -A "\c" \ - -- "Sec 5-316 Contractor\[aq]s Place Of Business, Telephone, Sign" -\& -.LP -Every person engaged in the business of, and operating as, a plumbing -contractor within the city shall maintain a regular place of business, a -telephone listed with the telephone company as a business phone and -display a sign bearing the firm\[aq]s name and registration number. -.PP -(Code 1999, § 5-316; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-317_Display_Of_Contractor's_Sign_And_Registration_Number" -A "\c" \ - -- "Sec 5-317 Display Of Contractor\[aq]s Sign And Registration Number" -\& -.LP -It shall be the duty of every plumbing contractor to display his sign -and state license on all cars and trucks used in the operation of his -business. -The signs and state license numbers on all cars and trucks used in the -operation of his business shall be printed on both sides of the vehicles -with letters and figures of not less than two-inch lettering and -numbers. -.PP -(Code 1999, § 5-317; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ - -- "863(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-318_Contractors_Employing_Unqualified_Workmen" -A "\c" \ - -- "Sec 5-318 Contractors Employing Unqualified Workmen" -\& -.LP -It is hereby declared unlawful and an offense for any plumbing -contractor to employ any person to work at the trade of plumbing unless -the person employed is licensed and registered under the ordinances of -the city, except such work as may be done by apprentices holding permits -to work as such as provided by this article. -.PP -(Code 1999, § 5-318; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-319_Partnerships,_Firms_And_Corporations_In_Plumbing_Business" -A "\c" \ - -- "Sec 5-319 Partnerships, Firms And Corporations In Plumbing Business" -\& -.LP -A partnership, firm, corporation or business trust may only engage in -the plumbing business within the city through one bona fide member of -the partnership, firm or business trust, or one officer of the -corporation, who carries and holds a license and certificate of -registration as a plumbing contractor and who is bonded as such. -In the event the person or member holding the license or certificate of -registration should leave the employment of, or be discharged by, or -sever his connections with, or lose his status as a member or officer of -the partnership, firm, corporation or business trust which is operating -under his license and certificate of registration and through him, the -authority of the firm, corporation or business trust to do business -shall immediately cease and they or it must qualify under and comply -with the terms of this article before any further business is conducted, -except that the partnership, firm, corporation, or business trust may -continue to engage in the plumbing business within the city for a period -of 60 days from the time the license-carrying and registered member -thereof is called for and is actually engaged in military service or -training for any branch of the armed services of the United States of -America, provided the fees and bonds required by this article are kept -in full force and effect. -.PP -(Code 1999, § 5-319; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ - -- "863(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-320_Issuance_Of_Contractor's_Registration,_Expiration,_Renewal,_Fees" -A "\c" \ - -- "Sec 5-320 Issuance Of Contractor\[aq]s Registration, Expiration, Renewal, Fees" -\& -.LP -An applicant for a plumbing contractor\[aq]s certificate of -registration, after complying with the laws of the state and with this -article, and after payment of the fee hereinafter specified, shall be -registered by the city clerk. -The initial registration fee shall be as established by resolution and -each annual renewal fee shall be as established by resolution. -Plumbing contractors desiring to renew their registration shall furnish -the same evidence of compliance with state licensing laws as furnished -and required upon initial registration. -.PP -(Code 1999, § 5-320; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ - -- "863(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-321_Failure_To_Renew_Contractor's_Registration" -A "\c" \ - -- "Sec 5-321 Failure To Renew Contractor\[aq]s Registration" -\& -.LP -All plumbing contractor registrations not renewed within 30 days after -the date of expiration thereof shall be canceled and a new application -for registration must be made and the fee for a new registration paid. -.PP -(Code 1999, § 5-321; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-322_Time_For_Contractor_Registration,_Partial_Year_Registration_Expiration_Date" -A "\c" \ - -- "Sec 5-322 Time For Contractor Registration, Partial Year Registration Expiration Date" -\& -.LP -A plumbing contractor\[aq]s registration may be applied for and secured -at any time during the year, but in no event shall the fee paid for the -registration be less than for a full year. -All registrations shall expire on August 31 of each calendar year. -.PP -(Code 1999, § 5-322; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-323_Contractor's_Registration_Revocation,_Suspension" -A "\c" \ - -- "Sec 5-323 Contractor\[aq]s Registration Revocation, Suspension" -\& -.LP -For good and sufficient cause the plumbing inspector and the health -officer may revoke the certificate of registration of any plumbing -contractor and thereafter he shall not be permitted to do business or -work within the city or on premises connected with the city water or -sewer system. -In the event of such revocation, the holder of such registration may -appeal to the plumbing board and the action of the board shall be final. -.PP -(Code 1999, § 5-323; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-324_Journeymen_To_Be_Licensed,_Registered" -A "\c" \ - -- "Sec 5-324 Journeymen To Be Licensed, Registered" -\& -.LP -No person shall engage in or work at the trade of journeyman plumber in -the city without having first been licensed as provided by state law. -.PP -(Code 1999, § 5-324; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ - -- "863(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-325_Supervision_Of_Journeymen" -A "\c" \ - -- "Sec 5-325 Supervision Of Journeymen" -\& -.LP -A journeyman plumber shall at all times while working at his trade be in -the employment of a plumbing contractor who is licensed and registered -under the terms of this article as a plumbing contractor. -.PP -(Code 1999, § 5-325; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ - -- "863(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-326_Registration_Of_Apprentices_Required;_Supervision" -A "\c" \ - -- "Sec 5-326 Registration Of Apprentices Required; Supervision" -\& -.LP -Any person desiring to serve as an apprentice at the trade of plumbing -in the city must first be licensed as provided by state law. -.PP -(Code 1999, § 5-329; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf" -A "\c" \ - -- "863(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-327_Number_Of_Apprentices" -A "\c" \ - -- "Sec 5-327 Number Of Apprentices" -\& -.LP -No journeyman plumber shall at any one time have more than three -apprentices working under his supervision. -.PP -(Code 1999, § 5-331; Ord. -No. -559(91), 6-17-1991; Ord. -No. -159(96), 7-1-1996; Ord. -No. -179(97), 1-21-1997) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-4_ELECTRIC_CODE" -A "\c" \ - -- "CHAPTER 5-4 ELECTRIC CODE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4A_GENERAL_PROVISIONS" -A "\c" \ - -- "ARTICLE 5-4A GENERAL PROVISIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4B_ELECTRICAL_CONTRACTOR'S_AND_ELECTRICIAN'S_REGISTRATION" -A "\c" \ - -- "ARTICLE 5-4B ELECTRICAL CONTRACTOR\[aq]S AND ELECTRICIAN\[aq]S REGISTRATION" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Electrical License Act, 59 O.S. -§ 1680 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4A_GENERAL_PROVISIONS" -A "\c" \ - -- "ARTICLE 5-4A GENERAL PROVISIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-401_Adoption_Of_The_National_Electrical_Code;_NFPA_70" -A "\c" \ - -- "Sec 5-401 Adoption Of The National Electrical Code; NFPA 70" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-402_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ - -- "Sec 5-402 Provisions Declared To Be Minimum Requirements" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-403_Electrical_Installation_Permit_Required" -A "\c" \ - -- "Sec 5-403 Electrical Installation Permit Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-404_Temporary_Permit;_Fees" -A "\c" \ - -- "Sec 5-404 Temporary Permit; Fees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-405_Inspection,_Not_To_Conceal" -A "\c" \ - -- "Sec 5-405 Inspection, Not To Conceal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-406_Denial_Of_Permit;_Certificate_Of_Inspection,_Utility_Companies" -A "\c" \ - -- "Sec 5-406 Denial Of Permit; Certificate Of Inspection, Utility Companies" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-407_Wiring_Protection,_When_Inspected" -A "\c" \ - -- "Sec 5-407 Wiring Protection, When Inspected" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-408_Defective_Workmanship_And_Materials" -A "\c" \ - -- "Sec 5-408 Defective Workmanship And Materials" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-409_Relocated_Buildings" -A "\c" \ - -- "Sec 5-409 Relocated Buildings" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-410_Inspection_No_Relief_From_Responsibility" -A "\c" \ - -- "Sec 5-410 Inspection No Relief From Responsibility" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-411_Electrical_Committee" -A "\c" \ - -- "Sec 5-411 Electrical Committee" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-401_Adoption_Of_The_National_Electrical_Code;_NFPA_70" -A "\c" \ - -- "Sec 5-401 Adoption Of The National Electrical Code; NFPA 70" -\& -.IP " 1." 4 -For the purposes of establishing basic minimum requirements necessary -for safety in the use of electricity, and of prescribing rules and -regulations governing the installation of electrical wiring and -appliances within the city, there is hereby adopted that certain code -known as the 2014 National Electrical Code\[em]NFPA 70, as adopted by -the state uniform building code commission pursuant to 59 O.S. -§ 1000.23, thereof and the whole thereof, save and except such -provisions as are hereinafter deleted, modified or amended, referred to -herein as the \[dq]electrical code\[dq]; of which code not less than one -copy has been and now is filed in the office of the clerk. -The electrical code is hereby incorporated as fully as if set out at -length herein. -.IP " 2." 4 -The 2014 National Electric Code is hereby amended as follows: -.RS 4 -.IP " 1." 4 -Insert new section 305 to read as follows: -.br -Aluminum wire may only be used if it is sized at 4/0 or larger, used for -service and feeders only and installed as per manufacturer\[aq]s -installation instructions. -.IP " 2." 4 -Insert new section 300.1(D) to read as follows: -.br -All commercial structures shall be wired in conduit. -NM cable shall not be used. -.IP " 3." 4 -Section 210.19(A)(4) is hereby amended by: -.br -Deleting the number \[dq]14\[dq] and inserting the number \[dq]12.\[dq] -.IP " 4." 4 -Section 250.118 is hereby deleted and the following language is hereby -substituted: -.br -250.118 Types of Equipment Grounding Conductors. -The equipment grounding conductor run with the circuit conductors shall -be copper only. -This conductor shall be solid or stranded; insulated, covered, or bare; -and in the form of a wire of any shape. -.br -All raceways or cable assemblies shall include a green or bare equipment -grounding conductor. -Said conductor shall be bonded to all non-current carrying metal parts -of the electrical system. -.IP " 5." 4 -Section 680.23(A)(4) is hereby amended by: -.br -Deleting the number \[dq]150\[dq] and inserting the number \[dq]15.\[dq] -.IP " 6." 4 -Section 680.23(A)(2) is hereby amended by adding the following language: -.br -A ground fault circuit interrupter shall be installed in branch circuits -that supply low voltage lighting transformers. -.RE -.LP -(Code 1999, § 5-401; Ord. -No. -424(87), 2-17-1987; Ord. -No. -33(92), 9-21-1992; Ord. -No. -183(97), 4-7-1997; Ord. -No. -375(02), 8-19-2002; Ord. -No. -535(06), 2-21-2006; Ord. -No. -634(08), 12-15-2008) -.PP -\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. -§ 14-107. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324349_Ordinance%20No.%20740%20(13).pdf" -A "\c" \ - -- "740(13)" -\& on 2/4/2013 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf" -A "\c" \ - -- "861(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-402_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ - -- "Sec 5-402 Provisions Declared To Be Minimum Requirements" -\& -.LP -The provisions of the 2014 National Electrical Code, in their -interpretation and application shall be held to be minimum requirements -adopted for the promotion of public health, safety and general welfare. -Wherever any of the provisions or requirements of the 2014 National -Electrical Code are inconsistent with the provisions of this Code or -state statutes presently existing or enacted in the future, the -provisions or requirements containing the most restrictive regulation -shall apply and govern. -.PP -(Code 1999, § 5-402) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf" -A "\c" \ - -- "861(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-403_Electrical_Installation_Permit_Required" -A "\c" \ - -- "Sec 5-403 Electrical Installation Permit Required" -\& -.IP " 1." 4 -No person shall begin work on any electrical facilities installation -within the corporate limits of the city without first securing the -required permit from the electrical inspector -.IP " 2." 4 -Permits shall be issued only to electrical contractors with current -unrevoked state licenses and current unrevoked city registration -certificates. -.LP -(Code 1999, § 5-403) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf" -A "\c" \ - -- "861(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-404_Temporary_Permit;_Fees" -A "\c" \ - -- "Sec 5-404 Temporary Permit; Fees" -\& -.LP -Where for good and sufficient cause it is necessary to have electricity -on any installation before the final certificate can be issued, the -electrical inspector may, if all parts to which currents are applied are -in a safe and satisfactory condition, issue a temporary permit. -However, before the temporary permit is issued, the party requesting it -shall pay to the city the fee as provided in the fee schedule. -The permit then received shall be in force for a period of 30 days from -its date; and at the end of 30 days, and each succeeding 30 days -thereafter, for each term so requested, the fee shall be as provided in -the fee schedule. -.PP -(Code 1999, § 5-404) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-405_Inspection,_Not_To_Conceal" -A "\c" \ - -- "Sec 5-405 Inspection, Not To Conceal" -\& -.IP " 1." 4 -In making inspection of new work \[dq]rough-in,\[dq] the electrical -inspector shall leave a tag in the cabinet plainly stating whether the -work has been approved and is ready to conceal, or that work does not -meet standards and must not be covered until approved by the electrical -inspector. -.IP " 2." 4 -It is unlawful for any person to conceal or cause to be concealed any -electrical conductors used for electric lights, heat or power until such -time as he knows the work has been approved by the electrical inspector. -A tag in the cabinet properly signed and dated so stating the -inspector\[aq]s approval will be sufficient notice. -.LP -(Code 1999, § 5-405) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-406_Denial_Of_Permit;_Certificate_Of_Inspection,_Utility_Companies" -A "\c" \ - -- "Sec 5-406 Denial Of Permit; Certificate Of Inspection, Utility Companies" -\& -.IP " 1." 4 -The electrical inspector shall have and is hereby given the authority to -refuse to issue a permit for the installation of electrical facilities -in or on any building when, in his estimation, the wiring done or -proposed to be done is unsafe or not in accordance with the provisions -of this chapter. -If after a permit is issued the work installed under such permit for any -reason does not comply with the regulations of this chapter, the -inspector shall refuse to issue a certificate of inspection. -.IP " 2." 4 -No electric light or power company shall connect to any electrical -facilities of any kind whatsoever until furnished with a certificate of -inspection or a permit for such connection duly executed by the -electrical inspector. -All electric light or power companies, whether operating under a regular -franchise granted by the city or not, shall, upon written notice from -the electrical inspector, disconnect from any circuit or service -designated by the notice from the inspector. -.IP " 3." 4 -The electrical inspector shall enforce all the provisions of this -chapter. -Whenever he shall be notified by any citizen of any violation of this -chapter or of the existence of any dangerous or defective electrical -facilities, he shall make an investigation thereof without delay. -.IP " 4." 4 -Whenever any electrical facilities are found by the electrical inspector -to be unsafe or defective or in an insecure condition, he shall notify -the owner or person in control thereof, in writing, to repair or remove -the defective facilities, and upon such person\[aq]s failure to repair -or remove same within such time as the inspector may deem necessary, -which time shall be stated in such notice, the inspector shall cause the -service connected to such facilities to be discontinued. -.LP -(Code 1999, § 5-406) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-407_Wiring_Protection,_When_Inspected" -A "\c" \ - -- "Sec 5-407 Wiring Protection, When Inspected" -\& -.IP " 1." 4 -No owner, contractor or worker shall in any manner interfere with any -electrical facilities being installed in or on any building. -If in the course of the erection of a building the facilities are in -such position as to interfere with its erection or completion as called -for by the plans, notice shall be immediately given the person -installing the facilities, and the needed change shall be made by such -person upon approval for such modification by the electrical inspector. -Upon inspecting the electrical facilities of any building, the -electrical inspector shall leave notice in the form of a tag or label -attached to the electrical facilities. -The notice shall clearly state whether the electrical facility is -approved or is to be kept open for corrections; and no person shall -lath, seal or in any way conceal any electrical facility until he is -informed and knows that such wiring has been approved. -.IP " 2." 4 -The electrical inspector shall furnish such person or licensed -electrical contractor with a certificate, which shall state that such -electrical facility is approved only so far as \[dq]roughing-in\[dq] is -concerned, and that it is not the final certificate, and does not -entitle the electric light or power company to connect its service to -the electrical facilities. -A certificate entitling the electric light or power company to connect -its service to electrical facilities shall be furnished only after all -fixtures are in place and final inspection is made. -.LP -(Code 1999, § 5-407) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-408_Defective_Workmanship_And_Materials" -A "\c" \ - -- "Sec 5-408 Defective Workmanship And Materials" -\& -.LP -Any person, firm or corporation engaged in the business of electrical -contracting for the installation of wiring and apparatus for electric -light, heat or power in the city, who fails to correct promptly any -defects in any work done by him contrary to this Code, after having been -notified by the electrical inspector, shall not be issued any further -permits until such defects have been corrected; and in any case in which -any person shall continue to or persistently violate this Code in regard -to electrical work, or the orders of the electrical inspector in -relation to same, the registration and permit of such person shall be -suspended or revoked. -.PP -(Code 1999, § 5-408) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-409_Relocated_Buildings" -A "\c" \ - -- "Sec 5-409 Relocated Buildings" -\& -.LP -When a building or a portion of a building containing electric wiring is -moved from its foundation, the owner shall have the electric wiring and -equipment in the building inspected and repaired where necessary to -provide for adequate service, branch circuits, receptacles and -grounding. -.PP -(Code 1999, § 5-409) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-410_Inspection_No_Relief_From_Responsibility" -A "\c" \ - -- "Sec 5-410 Inspection No Relief From Responsibility" -\& -.LP -This Code shall not be construed to relieve or lessen the responsibility -of any person, partnership or corporation owning or operating or -installing electric wires, appliances, apparatus, construction or -equipment for the damage to property or persons injured by any defect -therein; nor shall the city, or any agent thereof, be deemed to assume -such liability by reason of the inspection authorized herein or the -certificate of inspection issued by the electrical inspector. -.PP -(Prior Code, § 5-92; Code 1999, § 5-410) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-411_Electrical_Committee" -A "\c" \ - -- "Sec 5-411 Electrical Committee" -\& -.IP " 1." 4 -An electrical board is hereby created and established. -The board shall consist of five members, including four appointive -members and one ex officio member. -The appointive members shall be appointed by the mayor and confirmed by -the city council. -The ex officio member shall be the electrical inspector. -The appointive members shall be qualified as follows: -.RS 4 -.IP " 1." 4 -Two members shall be active as electrical contractors; -.IP " 2." 4 -Two members shall be active as journeymen electricians. -.br -The appointive members shall hold office for a term of two years and may -be removed for cause. -Vacancies shall be filled by appointment for the unexpired term. -The appointive members may receive a compensation if so established by -the city council. -Two members of the board present at any meeting shall constitute a -quorum for the transaction of business. -The concurring vote of not less than two members is necessary to -constitute an official action of the board. -The ex officio member shall have voting power and shall be counted in -determining a quorum. -.RE -.IP " 2." 4 -The board shall, with the electrical inspector, hear, pass on and settle -any disputes that may arise pertaining to the provisions of this -article. -The board shall prescribe a procedure and order of business for hearing -applications for certificates of registration and hearing appeals from -the decisions of the electrical inspector and aggrievement appeals as -provided herein. -.LP -(Prior Code, §§ 5-126\[em]5-132, in part; Code 1999, § 5-411) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4B_ELECTRICAL_CONTRACTOR'S_AND_ELECTRICIAN'S_REGISTRATION" -A "\c" \ - -- "ARTICLE 5-4B ELECTRICAL CONTRACTOR\[aq]S AND ELECTRICIAN\[aq]S REGISTRATION" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-421_Definitions" -A "\c" \ - -- "Sec 5-421 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-422_Registration_Required" -A "\c" \ - -- "Sec 5-422 Registration Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-423_Classification_Of_Registration_Certificate" -A "\c" \ - -- "Sec 5-423 Classification Of Registration Certificate" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-424_Registration_Fee,_Annual_Renewal_Fee" -A "\c" \ - -- "Sec 5-424 Registration Fee, Annual Renewal Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-425_Journeyman_Electrician's_Registration_Certificate" -A "\c" \ - -- "Sec 5-425 Journeyman Electrician\[aq]s Registration Certificate" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-426_Electrical_Apprentice's_Registration_Certificate" -A "\c" \ - -- "Sec 5-426 Electrical Apprentice\[aq]s Registration Certificate" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Electrical License Act, 59 O.S. -§ 1680 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-421_Definitions" -A "\c" \ - -- "Sec 5-421 Definitions" -\& -.LP -The following words, terms and phrases, when used in this article, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Administrative authority\f[R] or \f[I]electrical inspector\f[R] -means the electrical inspector, or the building official or his designee -if no electrical inspector is appointed. -.PP -\f[I]Electrical apprentice\f[R] means any person 16 years of age or -older whose principal occupation is the learning of and assisting in the -installation of electrical work under the direct supervision of a -licensed journeyman electrician or electrical contractor. -Each apprentice shall be in possession of a valid electrical apprentice -license issued by the state. -.PP -\f[I]Electrical contractor\f[R] means any person skilled in the -planning, superintending and practical installation of electrical -facilities who is familiar with the laws, rules and regulations -governing such work. -The term \[dq]electrical contractor\[dq] also means any individual, -firm, partnership, corporation or business performing skills of an -electrical contractor, of an electrician or the business of contracting -or furnishing labor or labor and materials for the installation, repair, -maintenance or renovation of electrical facilities according to the -provisions of the Electrical License Act (59 O.S. -§ 1680 et seq.). -Each electrical contractor shall be in possession of a valid electrical -contractor license issued by the state. -.PP -\f[I]Electrical facilities\f[R] means all wiring, fixtures, apparatus, -appurtenances and appliances for and in connection with a supply of -electricity within or adjacent to any building, structure or conveyance -on the premises, but not including the connection with a power supply -meter or other power supply source. -.PP -\f[I]Electrician\f[R] means any person engaged in electrical wiring in -the city. -.PP -\f[I]Journeyman electrician\f[R] means any person other than an -electrical contractor who engages in the actual installation, -alteration, repair or renovation of electrical facilities unless -specifically exempted by the provisions of the Electrical License Act. -Each journeyman electrician shall be in possession of a valid journeyman -electrician\[aq]s license issued by the state. -.PP -(Code 1999, § 5-421) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-422_Registration_Required" -A "\c" \ - -- "Sec 5-422 Registration Required" -\& -.IP " 1." 4 -No person shall conduct, carry on or engage in the business of -electrical installation, maintaining, altering or repairing any wiring, -fixtures or equipment for the conducting of electrical current or act in -the capacity of an electrical contractor without first having issued to -him a valid and unrevoked electrical contractor\[aq]s license as -provided by state law and an electrical contractor\[aq]s registration -certificate issued by the city. -.IP " 2." 4 -No person shall labor at the trade of electrician in the capacity of a -journeyman electrician within the city without first having had issued -to him a valid and unrevoked journeyman electrician\[aq]s license issued -by the city as provided by state law. -.IP " 3." 4 -No person shall labor at the trade of electrician in the capacity of an -electrical apprentice within the city without first having had issued to -him a valid and unrevoked apprentice electrician registration -certificate as provided by state law. -.IP " 4." 4 -A partnership, firm, corporation or business trust may only engage in -the electrical business within the city through one bona fide member of -the partnership or firm, or one officer of the corporation or business -trust, who has legal authority to act for such partnership, firm, -corporation or business trust and who carries and holds a license under -state law as an electrical contractor and who has registered such -license as required by this article. -In the event the person or member holding the license or certification -of registration should leave or sever his connection with or lose his -status as a member or officer of the partnership, firm, corporation or -business trust, or in the event he is called for, and while he is -serving in the armed forces of the United States, such firm, -partnership, corporation or business trust may continue to engage in the -electrical business for a period not to exceed six months from death or -call to service. -However, all fees required by this article shall be paid and kept in -full force, and a duly registered electrical contractor shall assume in -writing the supervision of such work. -.LP -(Prior Code, § 5-146, in part; Code 1999, § 5-422) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf" -A "\c" \ - -- "869(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-423_Classification_Of_Registration_Certificate" -A "\c" \ - -- "Sec 5-423 Classification Of Registration Certificate" -\& -.LP -There shall be one class of electrical registration certificates, which -shall be known as follows: Electrical contractor. -.PP -(Code 1999, § 5-423) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf" -A "\c" \ - -- "869(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-424_Registration_Fee,_Annual_Renewal_Fee" -A "\c" \ - -- "Sec 5-424 Registration Fee, Annual Renewal Fee" -\& -.IP " 1." 4 -The registration and renewal fees and bond requirements of electrical -contractors shall be as provided in the fee and bond schedules. -.IP " 2." 4 -Every person applying for an electrical registration certificate shall, -upon acceptance of his qualifications by the city, at the time he makes -such application, pay to the city the fees as provided in the fee -schedule and post bond as required in this section. -.IP " 3." 4 -Applicants for registration shall pay to the city the required -registration fees. -The fees shall be paid after all requirements are met. -.IP " 4." 4 -Annual renewal of registration certificates shall be accomplished by -payment of the renewal fees as provided herein. -A receipt and registration certificate for the appropriate year shall be -issued by the city upon payment of annual renewal fees. -The registration number shall remain the same each year. -.IP " 5." 4 -A registration certificate shall be issued to the person named on the -certificate who shall be known as the holder of the certificate. -.IP " 6." 4 -A registration certificate shall expire annually. -All registrations shall expire on August 31 of each calendar year. -.IP " 7." 4 -Renewal applications and fees must be received by the city within 30 -days after the expiration of the certificate or else the applicant must -proceed in the manner required of a new or initial applicant. -.LP -(Prior Code, § 5-154, in part; Code 1999, § 5-424) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf" -A "\c" \ - -- "869(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-425_Journeyman_Electrician's_Registration_Certificate" -A "\c" \ - -- "Sec 5-425 Journeyman Electrician\[aq]s Registration Certificate" -\& -.LP -No person shall work as a journeyman electrician unless he holds a valid -unrevoked state license as provided for herein. -No journeyman electrician shall perform any electrical wiring -installation except through a licensed and registered electrical -contractor and shall perform all installations, alterations and repairs -of electrical wiring, fixtures and equipment in accordance with this -Code. -.PP -(Code 1999, § 5-425) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf" -A "\c" \ - -- "869(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-426_Electrical_Apprentice's_Registration_Certificate" -A "\c" \ - -- "Sec 5-426 Electrical Apprentice\[aq]s Registration Certificate" -\& -.LP -Under no circumstances shall an electrical apprentice perform any duty -or phase of electrical installation unless a journeyman electrician or -electrical contractor is on the project during such installation and -such electrical apprentice is directly supervised by a journeyman -electrician or electrical contractor. -.PP -(Code 1999, § 5-426) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf" -A "\c" \ - -- "869(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-5_MECHANICAL_CODE" -A "\c" \ - -- "CHAPTER 5-5 MECHANICAL CODE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5A_GENERAL_PROVISIONS" -A "\c" \ - -- "ARTICLE 5-5A GENERAL PROVISIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5B_REGISTRATION" -A "\c" \ - -- "ARTICLE 5-5B REGISTRATION" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Mechanical Licensing Act, 59 O.S. -§ 1850.1 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5A_GENERAL_PROVISIONS" -A "\c" \ - -- "ARTICLE 5-5A GENERAL PROVISIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-501_Adoption_Of_2015_International_Mechanical_Code,_As_Adopted_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ - -- "Sec 5-501 Adoption Of 2015 International Mechanical Code, As Adopted By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-502_Additions,_Insertions_And_Changes" -A "\c" \ - -- "Sec 5-502 Additions, Insertions And Changes" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-503_Permits" -A "\c" \ - -- "Sec 5-503 Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-504_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ - -- "Sec 5-504 Provisions Declared To Be Minimum Requirements" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-505_Mechanical_Official" -A "\c" \ - -- "Sec 5-505 Mechanical Official" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-506_Violations_And_Penalties" -A "\c" \ - -- "Sec 5-506 Violations And Penalties" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-501_Adoption_Of_2015_International_Mechanical_Code,_As_Adopted_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ - -- "Sec 5-501 Adoption Of 2015 International Mechanical Code, As Adopted By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" -\& -.IP " 1." 4 -That certain document, being marked and designated as \[dq]2015 -International Mechanical Code,\[dq] as adopted by the state uniform -building code commission pursuant to 59 O.S. -§ 1000.23, is hereby adopted as the mechanical code of the city; for the -control of buildings and structures as herein provided; and each and all -of the regulations, provisions, penalties, conditions and terms of the -2015 International Mechanical Code are hereby referred to, adopted and -made a part hereof, as if fully set out in this Code, with the -additions, insertions, deletions and changes, if any, hereinafter -adopted. -.IP " 2." 4 -Subsequent revisions, modifications, codifications or editions of the -code adopted herein shall become effective in the city as they are -available, issued, and adopted by the city. -.IP " 3." 4 -The provisions of the Underwriters Laboratories Inc., as to mechanical -equipment and appliances, fuel supply, combustion air, chimneys and -vents, duct and piping, kitchen exhaust, ventilation and energy -conservation as may hereafter take place will be the standards -applicable in the city. -.LP -(Code 1999, § 5-501; Ord. -No. -493(89), 9-5-1989; Ord. -No. -58(94), 2-22-1994; Ord. -No. -276(00), 4-17-2000; Ord. -No. -373(02), 8-19-2002; Ord. -No. -537(06), 2-21-2006; Ord. -No. -636(08), 12-15-2008) -.PP -\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. -§ 14-107. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf" -A "\c" \ - -- "738(13)" -\& on 2/4/2013 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334174_Ordinance%20No.%20860(17).pdf" -A "\c" \ - -- "860(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-502_Additions,_Insertions_And_Changes" -A "\c" \ - -- "Sec 5-502 Additions, Insertions And Changes" -\& -.IP " 1." 4 -The code adopted in section 5-501 shall be known and cited as the -city\[aq]s mechanical code. -All persons shall comply with the provisions of the code. -.IP " 2." 4 -The following sections are hereby revised as follows: -.RS 4 -.IP " 1." 4 -M-101.1 Title: These regulations shall be known as the Mechanical Code -of the City of Moore, Oklahoma, hereinafter referred to as \[dq]this -code.\[dq] -.IP " 2." 4 -Section 106.5.2 Fee Schedule: Insert: As provided in the city\[aq]s fee -schedule. -.IP " 3." 4 -Section 108.4 Violation Penalties: Insert: Refer to City Code section -1-108, General and specific penalties; suspension or revocation of -license or permit. -.IP " 4." 4 -Section 108.4.1 Unlawful continuance: Insert: Refer to City Code section -1-108, General and specific penalties; suspension or revocation of -license or permit. -.IP " 5." 4 -Section 109.2 Membership of board: Amended to read as follows: -.br -There is hereby created a mechanical board for the city, which shall be -composed of the building official of the city, who shall be ex officio -chairman of the board; a second board member who shall be a licensed -mechanical contractor; a third member who shall be a licensed mechanical -contractor; and a fourth member who shall be a licensed mechanical -journeyman. -The second, third, and fourth members shall be appointed by the city -council for a term of two years, and each shall serve until his -successor is appointed and qualified unless sooner removed for cause. -The second and third members shall have been actively engaged in such -occupation for a period of not less than five years immediately -preceding the date of his appointment. -.IP " 6." 4 -Section 603.8 is amended to read as follows: -.br -Exceptions: -.RS 4 -.IP " 1." 4 -All ducts installed underslab shall be graded to access plenum or boot. -.RE -.RE -.LP -(Code 1999, § 5-502; Ord. -No. -493(89), 9-5-1989; Ord. -No. -58(94), 2-22-1994; Ord. -No. -276(00), 4-17-2000; Ord. -No. -373(02), 8-19-2002; Ord. -No. -537(06), 2-21-2006; Ord. -No. -636(08), 12-15-2008) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf" -A "\c" \ - -- "738(13)" -\& on 2/4/2013 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-503_Permits" -A "\c" \ - -- "Sec 5-503 Permits" -\& -.IP " 1." 4 -No person shall engage in any work covered by the mechanical code -without first securing a permit from the city. -.IP " 2." 4 -The permit fees shall be as set by the city by motion or resolution. -.LP -(Code 1999, § 5-503) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-504_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ - -- "Sec 5-504 Provisions Declared To Be Minimum Requirements" -\& -.LP -The provisions of the International Mechanical Code, 2015 edition, in -their interpretation and application shall be held to be minimum -requirements adopted for the promotion of public health, safety and -general welfare. -Wherever any of the provisions or requirements of this code are -inconsistent with the provisions of this Code or state statutes -presently existing or enacted in the future, the provisions or -requirements containing the most restrictive regulation shall apply and -govern. -.PP -(Code 1999, § 5-504; Ord. -No. -373(02), 8-19-2002; Ord. -No. -537(06), 2-21-2006; Ord. -No. -636(08), 12-15-2008) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf" -A "\c" \ - -- "738(13)" -\& on 2/4/2013 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334174_Ordinance%20No.%20860(17).pdf" -A "\c" \ - -- "860(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-505_Mechanical_Official" -A "\c" \ - -- "Sec 5-505 Mechanical Official" -\& -.IP " 1." 4 -The term \[dq]administrative authority\[dq] or \[dq]mechanical -official\[dq] means the mechanical official, or the building official or -his designee if no mechanical official is appointed through the chain of -authority that is in effect when applying this code. -.IP " 2." 4 -The administration and enforcement of the mechanical code shall be the -responsibility of the mechanical official through the departmental -structure that is in effect when applying this code. -.LP -(Code 1999, § 5-505) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-506_Violations_And_Penalties" -A "\c" \ - -- "Sec 5-506 Violations And Penalties" -\& -.IP " 1." 4 -Any person, firm or corporation violating any provisions of this chapter -shall be deemed guilty of an offense and, upon conviction thereof, shall -be punishable as provided by section 1-108 or by revocation of the -applicable city license. -Each separate day or any portion thereof during which any violation of -this chapter occurs or continues shall be deemed to constitute a -separate offense, and, upon conviction thereof, shall be punishable as -herein provided. -.IP " 2." 4 -The issuance or granting of a permit or approval of plans and -specifications shall not be deemed or construed to be a permit for, or -an approval of, any violation of any of the provisions of this chapter. -No permit presuming to give authority to violate or cancel the -provisions of this chapter shall be valid except insofar as the work or -use which it authorized is lawful. -The issuance or granting of a permit or approval of plans shall not -prevent the mechanical official from thereafter requiring the correction -of errors in the plans and specifications or from preventing -construction operations being carried on thereunder when in violation of -this chapter or any other ordinance or from revoking any certificate of -approval when issued in error. -.LP -(Code 1999, § 5-506) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5B_REGISTRATION" -A "\c" \ - -- "ARTICLE 5-5B REGISTRATION" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-511_Definitions" -A "\c" \ - -- "Sec 5-511 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-512_License_And_Registration_Required" -A "\c" \ - -- "Sec 5-512 License And Registration Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-513_Registration_Fee" -A "\c" \ - -- "Sec 5-513 Registration Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-514_Issuance_Of_Registration_Certificates" -A "\c" \ - -- "Sec 5-514 Issuance Of Registration Certificates" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-515_Revocation" -A "\c" \ - -- "Sec 5-515 Revocation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-516_No_Mechanical_Work_To_Be_Performed_During_Suspension_Or_Revocation" -A "\c" \ - -- "Sec 5-516 No Mechanical Work To Be Performed During Suspension Or Revocation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-517_Reinstatement_Of_Certificate_Of_Registration" -A "\c" \ - -- "Sec 5-517 Reinstatement Of Certificate Of Registration" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-518_Engaging_In_Business_Without_A_Certificate_Of_Registration" -A "\c" \ - -- "Sec 5-518 Engaging In Business Without A Certificate Of Registration" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-519_Maintenance_Of_Place_Of_Business;_Unlicensed_Place_Of_Business" -A "\c" \ - -- "Sec 5-519 Maintenance Of Place Of Business; Unlicensed Place Of Business" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-520_Identification_Display_On_Vehicles_Required" -A "\c" \ - -- "Sec 5-520 Identification Display On Vehicles Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-521_Mechanical_Contractor_To_Employ_Only_Licensed_And_Registered_Journeymen" -A "\c" \ - -- "Sec 5-521 Mechanical Contractor To Employ Only Licensed And Registered Journeymen" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-522_Failure_To_Correct_Defects" -A "\c" \ - -- "Sec 5-522 Failure To Correct Defects" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-523_Transfer,_Assignment,_Or_Loan_Of_Certificate_Of_Registration_Prohibited" -A "\c" \ - -- "Sec 5-523 Transfer, Assignment, Or Loan Of Certificate Of Registration Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-524_Mechanical_Journeyman_Regulations" -A "\c" \ - -- "Sec 5-524 Mechanical Journeyman Regulations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-525_Mechanical_Apprentice_Regulations" -A "\c" \ - -- "Sec 5-525 Mechanical Apprentice Regulations" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Mechanical Licensing Act, 59 O.S. -§ 1850.1 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-511_Definitions" -A "\c" \ - -- "Sec 5-511 Definitions" -\& -.LP -The following words, terms and phrases, when used in this article, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Mechanical apprentice\f[R] or \f[I]apprentice\f[R] means any person -16 years of age or older whose principal occupation is learning -mechanical work on the job under the direct supervision of a journeyman -or contractor. -.PP -\f[I]Mechanical contractor\f[R] or \f[I]contractor\f[R] means any person -engaged in the business of planning, contracting, supervising or -furnishing labor or labor and materials for mechanical work. -.PP -\f[I]Mechanical journeyman\f[R] or \f[I]journeyman\f[R] means any person -other than a contractor or apprentice who engages in mechanical work. -.PP -\f[I]Mechanical work\f[R] means the installation, maintenance, repair, -or renovation, in whole or in part, of any heating system, exhaust -system, cooling system, mechanical refrigeration system or ventilation -system or any equipment or piping carrying chilled water, air for -ventilation purposes, or natural gas, or the installation, maintenance, -repair, or renovation of process piping used to carry any liquid, -substance, or material, including steam and hot water used for space -heating purposes not under the jurisdiction of the department of labor -other than minor repairs to such systems. -.PP -(Code 1999, § 5-511) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-512_License_And_Registration_Required" -A "\c" \ - -- "Sec 5-512 License And Registration Required" -\& -.IP " 1." 4 -No person shall conduct, carry on or engage in the business of -mechanical work or act in the capacity of a mechanical contractor within -the city without first having had issued to him a valid and unrevoked -mechanical contractor\[aq]s license as provided by state law and a -current mechanical contractor\[aq]s registration certificate issued by -the city. -.IP " 2." 4 -No person shall labor at the trade of mechanical work in the capacity of -a mechanical journeyman within the city without first having had issued -to him a valid and unrevoked mechanical journeyman\[aq]s license as -provided by state law. -.IP " 3." 4 -No person shall labor at the trade of mechanical work in the capacity of -a mechanical apprentice within the city without first having had issued -to him a valid and unrevoked mechanical apprentice registration -certificate as provided by state law. -.IP " 4." 4 -Any city certificate of registration issued to an applicant shall be -issued only in the same category as the state license possessed by the -applicant. -It shall further be subject to all limitations, conditions or -restrictions imposed on the state license possessed by the applicant. -The category of the city certificate of registration shall be indicated -on the face of the certificate. -The categories for certificates of registration shall be the following: -.RS 4 -.IP " 1." 4 -Unlimited mechanical air conditioning contractor; -.IP " 2." 4 -Limited mechanical air conditioning contractor; -.IP " 3." 4 -Unlimited heating contractor; -.IP " 4." 4 -Limited heating contractor; -.IP " 5." 4 -Refrigeration contractor; -.IP " 6." 4 -Sheet metal contractor; -.IP " 7." 4 -Natural gas piping contractor. -These categories shall have the same meanings ascribed to them by state -law and regulations. -.RE -.IP " 5." 4 -Unless sooner revoked or suspended as provided for by this article, the -city certificate of registration shall be for a term of one year from -issuance and may be renewed upon expiration in the same manner as -originally obtained. -All registrations shall expire on August 31 of each calendar year. -.IP " 6." 4 -A certificate of registration issued to a mechanical contractor or -journeyman shall authorize the certificate holder to perform mechanical -work only as authorized by state law and regulations adopted pursuant -thereto. -All mechanical work performed by a mechanical contractor or journeyman -shall be strictly limited to the categories in which such contractor or -journeyman is licensed by the state and registered with the city. -.IP " 7." 4 -All certificates issued hereunder must be renewed within 30 days after -the expiration of the certificate or the holder must apply and pay the -fees as required for original registration. -.LP -(Code 1999, § 5-512; Ord. -No. -493(89), 9-5-1989) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf" -A "\c" \ - -- "870(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-513_Registration_Fee" -A "\c" \ - -- "Sec 5-513 Registration Fee" -\& -.LP -Every person applying for a city mechanical certificate shall, upon -acceptance of his qualifications by the city at the time he makes such -application, pay to the city the fees as provided in the fee schedule. -.PP -(Code 1999, § 5-513) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-514_Issuance_Of_Registration_Certificates" -A "\c" \ - -- "Sec 5-514 Issuance Of Registration Certificates" -\& -.LP -The city shall issue mechanical certificates of registration pursuant to -the following provisions: A mechanical contractor\[aq]s certificate -shall be issued to every person who makes application for such -certificate, pays the required fee, and presents a valid, unrevoked -license as provided by state law for contractor status. -.PP -(Code 1999, § 5-514) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf" -A "\c" \ - -- "870(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-515_Revocation" -A "\c" \ - -- "Sec 5-515 Revocation" -\& -.IP " 1." 4 -A certificate of registration issued pursuant to this article may be -suspended or revoked in accordance with the following procedures. -.IP " 2." 4 -The city mechanical inspector may suspend or revoke a certificate of -registration if he finds that the certificate holder has repeatedly -failed to perform his work in accordance with the requirements of the -mechanical code and such repeated violations constitute a hazard to the -public health, safety, or welfare. -At least ten days\[aq] notice of such proposed suspension or revocation -shall be given to the certificate holder by certified mail, return -receipt requested, mailed to the last-known address of such person. -The notice shall indicate the date, time, and place of the suspension or -revocation hearing and the charges against the certificate holder. -The certificate holder shall have the right to attend the hearing, be -represented by counsel, and confront and cross examine his accusers. -Upon making the proper finding at the hearing, the city mechanical -inspector may suspend or revoke the certificate as deemed appropriate. -The order suspending or revoking any certificate may be appealed to the -mechanical code review and appeals commission as provided by this -article. -.LP -(Code 1999, § 5-515; Ord. -No. -493(89), 9-5-1989) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-516_No_Mechanical_Work_To_Be_Performed_During_Suspension_Or_Revocation" -A "\c" \ - -- "Sec 5-516 No Mechanical Work To Be Performed During Suspension Or Revocation" -\& -.LP -No person whose certificate of registration has been suspended or -revoked shall, for the duration of the suspension or revocation, engage -in or offer to engage in any mechanical work within the city. -.PP -(Code 1999, § 5-516; Ord. -No. -493(89), 9-5-1989) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-517_Reinstatement_Of_Certificate_Of_Registration" -A "\c" \ - -- "Sec 5-517 Reinstatement Of Certificate Of Registration" -\& -.LP -Unless otherwise ordered by the mechanical code review and appeals -commission, no certificate of registration which has been revoked under -the provisions of this article shall be reinstated for a period of six -months after such revocation. -.PP -(Code 1999, § 5-517; Ord. -No. -493(89), 9-5-1989) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-518_Engaging_In_Business_Without_A_Certificate_Of_Registration" -A "\c" \ - -- "Sec 5-518 Engaging In Business Without A Certificate Of Registration" -\& -.LP -No person, other than a mechanical contractor with a valid state license -and a city certificate of registration as required by this article, -shall maintain a place of business, display a sign, advertise or hold -himself out as a mechanical contractor or make any attempt to install, -alter or repair any mechanical system or otherwise engage in the -business of a mechanical contractor. -.PP -(Code 1999, § 5-518; Ord. -No. -493(89), 9-5-1989) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-519_Maintenance_Of_Place_Of_Business;_Unlicensed_Place_Of_Business" -A "\c" \ - -- "Sec 5-519 Maintenance Of Place Of Business; Unlicensed Place Of Business" -\& -.LP -Every person operating under a certificate of registration as a -mechanical contractor shall maintain a place of business as such. -No mechanical contractor shall maintain a place of business without -having a valid state license and a valid city certificate of -registration as required by this article. -Such place of business shall maintain a telephone in the Oklahoma City -telephone exchange or a toll free number. -.PP -(Code 1999, § 5-519; Ord. -No. -493(89), 9-5-1989) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-520_Identification_Display_On_Vehicles_Required" -A "\c" \ - -- "Sec 5-520 Identification Display On Vehicles Required" -\& -.LP -Every mechanical contractor shall display the firm name under which he -does business and state license number on all vehicles used in the -operation of the business. -The name shall be displayed on both sides or in other conspicuous places -on the vehicle in letters of not less than two inches in height. -The state license number shall be permanently affixed on both sides or -in other conspicuous places on the vehicle in numerals of not less than -two inches in height. -.PP -(Code 1999, § 5-520; Ord. -No. -493(89), 9-5-1989) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf" -A "\c" \ - -- "870(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-521_Mechanical_Contractor_To_Employ_Only_Licensed_And_Registered_Journeymen" -A "\c" \ - -- "Sec 5-521 Mechanical Contractor To Employ Only Licensed And Registered Journeymen" -\& -.LP -A mechanical contractor shall not employ or hire anyone to perform -mechanical work except a mechanical journeyman with a valid state -license as required by this article. -Any journeyman employed by a mechanical contractor shall perform -mechanical work only in the categories for which he has a valid state -license. -.PP -(Code 1999, § 5-521; Ord. -No. -493(89), 9-5-1989) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf" -A "\c" \ - -- "870(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-522_Failure_To_Correct_Defects" -A "\c" \ - -- "Sec 5-522 Failure To Correct Defects" -\& -.LP -Any person engaged in the business of mechanical contractor who shall -fail to promptly correct any defects in any mechanical work done by him -or by any of his employees or subcontractors contrary to or in violation -of this code after having been notified of such defective work by the -chief mechanical inspector shall not be issued any further permits until -the defect has been corrected. -.PP -(Code 1999, § 5-522; Ord. -No. -493(89), 9-5-1989) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-523_Transfer,_Assignment,_Or_Loan_Of_Certificate_Of_Registration_Prohibited" -A "\c" \ - -- "Sec 5-523 Transfer, Assignment, Or Loan Of Certificate Of Registration Prohibited" -\& -.LP -No certificate of registration issued pursuant to this article shall be -transferred, loaned, or assigned by the holder thereof to any other -person. -No permits shall be issued pursuant to a certificate of registration -except to the lawful holder of such certificate. -.PP -(Code 1999, § 5-523; Ord. -No. -493(89), 9-5-1989) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-524_Mechanical_Journeyman_Regulations" -A "\c" \ - -- "Sec 5-524 Mechanical Journeyman Regulations" -\& -.LP -A mechanical journeyman shall, at all times while doing mechanical work, -be in possession of a valid state license and be in the employment of a -licensed and registered mechanical contractor. -No mechanical journeyman shall contract to furnish labor or labor and -materials for mechanical work. -.PP -(Code 1999, § 5-524; Ord. -No. -493(89), 9-5-1989) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf" -A "\c" \ - -- "870(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-525_Mechanical_Apprentice_Regulations" -A "\c" \ - -- "Sec 5-525 Mechanical Apprentice Regulations" -\& -.LP -A mechanical apprentice shall be subject to the following limitations: -.IP " 1." 4 -A mechanical apprentice shall work only under the direct supervision of -a mechanical contractor or journeyman. -The term \[dq]direct supervision\[dq] shall be construed as presence -\[dq]on the job\[dq] with the supervisor who must be a licensed and -registered mechanical contractor or a licensed mechanical journeyman; -.IP " 2." 4 -A maximum of three mechanical apprentices may work under the supervision -of a person licensed and registered as a mechanical contractor or as a -mechanical journeyman; and -.IP " 3." 4 -The apprentice must be working in the same category as the licensed and -registered mechanical contractor or mechanical journeyman on the job. -.LP -(Code 1999, § 5-525; Ord. -No. -493(89), 9-5-1989) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf" -A "\c" \ - -- "870(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-6_GAS_CODE_AND_PIPELINES" -A "\c" \ - -- "CHAPTER 5-6 GAS CODE AND PIPELINES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-601_Adoption_Of_Pipeline_Standards" -A "\c" \ - -- "Sec 5-601 Adoption Of Pipeline Standards" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-602_Planning_Commission_Duties,_Notice" -A "\c" \ - -- "Sec 5-602 Planning Commission Duties, Notice" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-603_Definitions" -A "\c" \ - -- "Sec 5-603 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-604_Permit_Required_For_Construction" -A "\c" \ - -- "Sec 5-604 Permit Required For Construction" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-605_Suspension" -A "\c" \ - -- "Sec 5-605 Suspension" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-601_Adoption_Of_Pipeline_Standards" -A "\c" \ - -- "Sec 5-601 Adoption Of Pipeline Standards" -\& -.IP " 1." 4 -All pipelines, connections and fixtures thereof, installed or used for -the purpose of the transportation of natural gas, shall be equivalent to -the specifications of the natural gas safety code, adopted and approved -by the United States Department of Commerce and now in force as to -thickness, weight, size, strength and general character of material -workmanship and manner of installation. -.IP " 2." 4 -All pipelines used in connection with the drilling of wells, other than -gas lines and the lines used for the transportation of petroleum or any -of its products, shall be new lapweld or seamless pipe and shall be -equivalent to the specifications therefor as now adopted by the American -Petroleum Institute for lapweld of Grade \[dq]A\[dq] seamless pipeline -and requires 100 percent x-ray of all welds. -All such lines shall be at all times operated and maintained in a safe -manner so as to prevent all leakage or escape of any of the contents of -such lines. -If any such lines shall become unsafe or shall not be maintained as -provided herein, or any of the contents thereof shall escape therefrom, -it shall be the duty of the person in charge or in control thereof to -immediately discontinue the use thereof, until such line shall be -repaired. -.IP " 3." 4 -Pressure in any such lines shall not exceed those permitted by the -rules, regulations or orders of the corporation commission of the state -now in force. -All such lines shall, on city streets and alleys, be buried to a minimum -depth of 30 inches below the normal surface of the ground, such depth to -be measured from the top of the pipe and to be approved by the city -engineer. -.IP " 4." 4 -In the event it shall become necessary to change or remove any of such -pipelines, such change or removal shall be made at the entire expense of -the owners thereof, upon the approval of the city engineer or an -inspector of the city. -Such removal or change shall be made within five days after notice is -served by the city. -.LP -(Prior Code, § 6-235; Code 1999, § 5-601) -.PP -\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. -§ 14-107. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-602_Planning_Commission_Duties,_Notice" -A "\c" \ - -- "Sec 5-602 Planning Commission Duties, Notice" -\& -.LP -The planning commission, from time to time on its own motion or on the -motion of any landowner or citizen of the city, may order the course of -any pipeline to be changed, altered or changed in size by giving the -licensee notice of a hearing before the planning commission at a regular -meeting of such commission, such notice to be served upon the licensee -advising such licensee that a hearing will be had at a time and placed -fixed in such notice to determine whether, for the safety of the -residents of the city, the course of such pipeline should be changed or -any other changes should be made. -Five days\[aq] notice of the time of the hearing shall be given. -The entire expense of the changing or alteration of the size or course -of such pipeline shall be borne by the owner thereof. -.PP -(Prior Code, § 6-236; Code 1999, § 5-602) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-603_Definitions" -A "\c" \ - -- "Sec 5-603 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Pipeline\f[R] means any subterranean pipeline through which shall -be transported petroleum or any of its products, crude oil, natural gas -or any other deleterious substances, but shall not include pipelines -located at a retail or wholesale service station engaged in selling -finished petroleum products. -.PP -(Prior Code, § 6-231; Code 1999, § 5-603) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-604_Permit_Required_For_Construction" -A "\c" \ - -- "Sec 5-604 Permit Required For Construction" -\& -.LP -It is unlawful and an offense for any person, either as principal or -agent, to operate any pipeline, make any excavation with the intent to -install, lay, maintain or enlarge any pipeline or to install any -pipeline to or from any oil or gas well or any of its equipment or to -add to, enlarge or extend any pipeline now in existence without -obtaining a permit from the city. -.PP -(Prior Code, § 6-232; Code 1999, § 5-604) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-605_Suspension" -A "\c" \ - -- "Sec 5-605 Suspension" -\& -.LP -The city manager is hereby granted the authority to suspend the permit -of any person to install or operate any pipeline where any of the -provisions of this chapter, or any amendments thereto, are violated, -which suspension shall be effective until such time as such person shall -comply with the provisions of this chapter. -Before suspending any such permit, the city manager shall cause written -notice to be served upon the licensee advising such licensee that a -hearing will be had at a time and place fixed in such notice to -determine whether the license held by such licensee shall be suspended. -Five days\[aq] notice of the time of the hearing shall be given. -It shall be unlawful and an offense for any person to operate any -pipeline during any period in which the permit covering the operation of -such pipeline is so suspended. -The provisions of this section shall in no way limit or interfere with -the enforcement of the penalties for the violation of ordinances -generally, but shall be cumulative and in addition to such penalties. -.PP -(Prior Code, § 6-234; Code 1999, § 5-605) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-7_FAIR_HOUSING" -A "\c" \ - -- "CHAPTER 5-7 FAIR HOUSING" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-701_Policy" -A "\c" \ - -- "Sec 5-701 Policy" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-702_Definitions" -A "\c" \ - -- "Sec 5-702 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-703_Unlawful_Practice" -A "\c" \ - -- "Sec 5-703 Unlawful Practice" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-704_Discrimination_In_The_Sale_Or_Rental_Of_City's_Housing" -A "\c" \ - -- "Sec 5-704 Discrimination In The Sale Or Rental Of City\[aq]s Housing" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-705_Discrimination_In_The_Financing_Of_Housing" -A "\c" \ - -- "Sec 5-705 Discrimination In The Financing Of Housing" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-706_Discrimination_In_The_Provision_Of_Brokerage_Services" -A "\c" \ - -- "Sec 5-706 Discrimination In The Provision Of Brokerage Services" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-707_Exemption" -A "\c" \ - -- "Sec 5-707 Exemption" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-708_Administration" -A "\c" \ - -- "Sec 5-708 Administration" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-709_Education_And_Conciliation" -A "\c" \ - -- "Sec 5-709 Education And Conciliation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-710_Enforcement" -A "\c" \ - -- "Sec 5-710 Enforcement" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-711_Investigations;_Subpoenas;_Giving_Of_Evidence" -A "\c" \ - -- "Sec 5-711 Investigations; Subpoenas; Giving Of Evidence" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-712_Enforcement_By_Private_Persons" -A "\c" \ - -- "Sec 5-712 Enforcement By Private Persons" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-713_Interference,_Coercion,_Or_Intimidation" -A "\c" \ - -- "Sec 5-713 Interference, Coercion, Or Intimidation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-714_Prevention_Of_Intimidation_In_Fair_Housing_Cases" -A "\c" \ - -- "Sec 5-714 Prevention Of Intimidation In Fair Housing Cases" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Fair housing, 25 O.S. -§ 1451 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-701_Policy" -A "\c" \ - -- "Sec 5-701 Policy" -\& -.LP -It is the policy of the city to provide, within constitutional -limitations, for fair housing throughout the city. -.PP -(Code 1999, § 5-701; Ord. -No. -69(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-702_Definitions" -A "\c" \ - -- "Sec 5-702 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]City manager\f[R] means the city manager of the City of Moore or -any person, employee, agent, board, or single or plural authority whom -the city manager may designate to sit as his designee to perform the -duties and functions provided in this chapter. -.PP -\f[I]Discriminatory housing practice\f[R] means an act that is unlawful -under sections 5-704 through 5-706. -.PP -\f[I]Dwelling\f[R] means any building, structure or portion thereof -which is occupied as, or designed or intended for occupancy as, a -residence by one or more families, and any vacant land which is offered -for sale or lease for the construction or location thereon of any such -building, structure, or portion thereof. -.PP -\f[I]Family\f[R] includes a single individual. -.PP -\f[I]Person\f[R] means one or more individuals, corporations, -partnerships, associations, labor organizations, legal representatives, -mutual companies, joint stock companies, trusts, unincorporated -organizations, trustees, trustees in bankruptcy, receivers, and -fiduciaries. -.PP -\f[I]To rent\f[R] means to lease, to sublease, to let and otherwise to -grant for a consideration the right to occupy premises owned by the -occupant. -.PP -(Code 1999, § 5-702; Ord. -No. -69(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-703_Unlawful_Practice" -A "\c" \ - -- "Sec 5-703 Unlawful Practice" -\& -.LP -Subject to the provisions of subsection (B) of this section and section -5-707, the prohibitions against discrimination in the sale or rental of -housing set forth in this chapter shall apply to: -.IP " 1." 4 -All dwellings except as exempted by subsection (B) of this section; -.IP " 2." 4 -Nothing in section 5-704 shall apply to: -.RS 4 -.IP " 1." 4 -Any single-family house sold or rented by an owner, provided that such -private individual does not own more than three such single-family -houses at any one time; provided further, that in the case of the sale -of any such single-family house by a private individual owner not -residing in such house at the time of such sale or who was not the most -recent resident of such house prior to such sale, the exemption granted -by this subsection shall apply only with respect to one such sale within -any 24-month period; provided further, that such bona fide private -individual owner does not own any interest in, nor is there owned or -reserved on his behalf, under any express or voluntary agreement, title -to or any right to all or a portion of the proceeds from the sale or -rental of, more than three such single-family houses at any one time; -provided further, that the sale or rental of any such single-family -house shall be exempted from the application of this chapter only if -such house is sold or rented: -.RS 4 -.IP " 1." 4 -Without the use in any manner of the sales or rental facilities or the -sales or rental services of any real estate broker, agent, or salesman, -or of such facilities or services of any person in the business of -selling or renting dwellings, or of any employee or agent of any such -facilities or services of any person in the business of selling or -renting dwellings, or of any employee or agent of any such broker, -agent, salesman, or person; and -.IP " 2." 4 -Without the publication, posting or mailing, after notice of any -advertisement or written notice in violation of section 5-704(c), but -nothing in this provision shall prohibit the use of attorneys, escrow -agents, abstractors, title companies, and other such professional -assistance as necessary to perfect or transfer the title; or -.RE -.IP " 2." 4 -Rooms or units in dwellings containing living quarters occupied or -intended to be occupied by no more than four families living -independently of each other, if the owner actually maintains and -occupies one of such living quarters as his residence; -.RE -.IP " 3." 4 -For the purposes of subsection (B) of this section, a person shall be -deemed to be in the business of selling or renting dwellings if: -.RS 4 -.IP " 1." 4 -He has, within the preceding 12 months, participated as principal in -three or more transactions involving the sale or rental of any dwelling -or any interest therein; -.IP " 2." 4 -He has, within the preceding 12 months, participated as an agent, other -than in the sale of his own personal residence, in providing sales or -rental facilities or sales or rental services in two or more -transactions involving the sale or rental of any dwelling or any -interest therein; or -.IP " 3." 4 -He is the owner of any dwelling designed or intended for occupancy by, -or occupied by, five or more families. -.RE -.LP -(Code 1999, § 5-703; Ord. -No. -69(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-704_Discrimination_In_The_Sale_Or_Rental_Of_City's_Housing" -A "\c" \ - -- "Sec 5-704 Discrimination In The Sale Or Rental Of City\[aq]s Housing" -\& -.LP -As made applicable by section 5-703 and except as exempted by sections -5-703(b) and 5-707, it shall be unlawful: -.IP " 1." 4 -To refuse to sell or rent after the making of a bona fide offer, or to -refuse to negotiate for the sale or rental of, or otherwise make -unavailable or deny, a dwelling to any person because of race, sex, -color, religion, national origin, handicap, or familial status; -.IP " 2." 4 -To discriminate against any person in the terms, conditions, or -privileges of sale or rental of a dwelling, or in the provision of -services or facilities in connection therewith, because of race, sex, -color, religion, national origin, handicap, or familial status; -.IP " 3." 4 -To make, print, or publish, or cause to be made, printed, or published, -any notice, statement or advertisement, with respect to the sale or -rental of a dwelling that indicates any preference, limitation, or -discrimination based on race, sex, color, religion, national origin, -handicap, or familial status or an intention to make any such -preference, limitation or discrimination; -.IP " 4." 4 -To represent to any person because of race, sex, color, religion, or -national origin that any dwelling is not available for inspection, sale, -or rental when such dwelling is in fact so available; or -.IP " 5." 4 -For profit, to induce or attempt to induce any person to sell or rent -any dwelling by representations regarding the entry or prospective entry -into the neighborhood of a person of a particular race, sex, color, -religion, national origin, handicap, or familial status. -.LP -(Code 1999, § 5-704; Ord. -No. -69(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-705_Discrimination_In_The_Financing_Of_Housing" -A "\c" \ - -- "Sec 5-705 Discrimination In The Financing Of Housing" -\& -.LP -It shall be unlawful for any bank, building and loan association, -insurance company or other corporation, association, firm or enterprise -whose business consists in whole or in part in the making of commercial -real estate loans, to deny a loan or other financial assistance to a -person applying therefor for the purpose of purchasing, constructing, -improving, repairing, or maintaining a dwelling, or to discriminate -against him in the fixing of the amount, interest rate, duration, or -other terms or conditions of such loan or other financial assistance, -because of the race, sex, color, religion, national origin, handicap, or -familial status of such person or of any person associated with him in -connection with such loan or other financial assistance for the purposes -of such loan or other financial assistance, or of the present or -prospective owners, lessees, tenants, or occupants of the dwellings in -relation to which such loan or other financial assistance is to be made -or given, provided that nothing contained in this section shall impair -the scope or effectiveness of the exception contained in section -5-703(b). -.PP -(Code 1999, § 5-705; Ord. -No. -69(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-706_Discrimination_In_The_Provision_Of_Brokerage_Services" -A "\c" \ - -- "Sec 5-706 Discrimination In The Provision Of Brokerage Services" -\& -.LP -It shall be unlawful to deny any person access to or membership or -participation in any multiple-listing service, rental or facility -relating to the business of selling or renting dwellings, or to -discriminate against him in the terms or conditions of such access, -membership, or participation, on account of race, sex, color, religion, -national origin, handicap, or familial status. -.PP -(Code 1999, § 5-706; Ord. -No. -69(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-707_Exemption" -A "\c" \ - -- "Sec 5-707 Exemption" -\& -.LP -Nothing in this chapter shall prohibit a religious organization, -association, or society, or any nonprofit institution or organization -operated, supervised or controlled by or in conjunction with a religious -organization, association, or society, from limiting the sale, rental or -occupancy of dwellings which it owns or operates for other than a -commercial purpose to persons of the same religion, or from giving -preference to such persons, unless membership in such religion is -restricted on account of race, sex, color, national origin, handicap or -familial status; nor shall anything in this chapter prohibit a private -club not in fact open to the public, which as an incident to its primary -purpose or purposes provides lodgings which it owns or operates for -other than a commercial purpose, from limiting the rental or occupancy -of such lodgings to its members or from giving preference to its -members. -.PP -(Code 1999, § 5-707; Ord. -No. -69(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-708_Administration" -A "\c" \ - -- "Sec 5-708 Administration" -\& -.IP " 1." 4 -The authority and responsibility for administering the city\[aq]s fair -housing code shall be in the city manager or his designee. -.IP " 2." 4 -The city manager may delegate any of these functions, duties, and powers -to employees of the city or to boards of such employees, including -functions, duties, and powers with respect to investigating, -conciliating, hearing, determining, ordering, certifying, reporting or -otherwise acting as to any work, business, or matter under this chapter. -The city manager shall by rule prescribe such rights of appeal from the -decisions of his hearing examiners to other hearing examiners or to -other officers in the city, to boards of officers or to himself, as -shall be appropriate and in accordance with law. -.IP " 3." 4 -All administrative departments, agencies, boards or commissions shall -administer their programs and activities relating to housing and urban -development in a manner affirmatively to further the purposes of this -chapter and shall cooperate with the city manager to further such -purposes. -.LP -(Code 1999, § 5-708; Ord. -No. -69(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-709_Education_And_Conciliation" -A "\c" \ - -- "Sec 5-709 Education And Conciliation" -\& -.LP -Immediately after the enactment of the city\[aq]s fair housing code, the -city manager shall commence such educational and conciliatory activities -as will further the purposes of this chapter. -He shall call conferences of persons in the housing industry and other -interested parties to acquaint them with the provisions of this chapter -and his suggested means of implementing it, and shall endeavor with -their advice to work out programs of voluntary compliance and of -enforcement. -.PP -(Code 1999, § 5-709; Ord. -No. -69(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-710_Enforcement" -A "\c" \ - -- "Sec 5-710 Enforcement" -\& -.IP " 1." 4 -Any person who claims to have been injured by a discriminatory housing -practice or who believes that he will be irrevocably injured by a -discriminatory housing practice that is about to occur (hereafter -\[dq]person aggrieved\[dq]) may file a complaint with the city manager -and the city clerk. -Complaints shall be in writing and shall contain such information and be -in such form as the city manager requires. -Upon receipt of such a complaint, the city manager shall furnish a copy -of the same to the persons who allegedly committed or was about to -commit the alleged discriminatory housing practice. -Within 30 days after receiving a complaint, or within 30 days after the -expiration of any period of reference under subsection (C) of this -section, the city manager shall investigate the complaint and give -notice in writing to the person aggrieved whether he intends to resolve -it. -If the city manager decides to resolve the complaints, he shall proceed -to try to eliminate or correct the alleged discriminatory housing -practice by informal methods of conference, conciliation and persuasion. -Nothing said or done in the course of such informal endeavors may be -made public or used as evidence in a subsequent proceeding under this -chapter without the written consent of the persons concerned. -Any employee or agent of the city manager or city who shall make public -any information in violation of this provision shall be, upon -conviction, punished as provided in section 1-108. -.IP " 2." 4 -A complaint under subsection (A) of this section shall be filed within -180 days after the alleged discriminatory housing practice occurred. -Complaints shall be in writing and shall state the facts upon which the -allegations of a discriminatory housing practice are based. -Complaints may be reasonably and fairly amended at any time. -A respondent may file an answer to the complaint against him and with -the leave of the city manager, which shall be granted whenever it would -be reasonable and fair to do so, may amend his answer at any time. -Both complaints and answers shall be verified. -.IP " 3." 4 -If, within 30 days after a complaint is filed with the city manager and -city clerk, the city manager has been unable to obtain a voluntary -compliance with this chapter, the person aggrieved may, within 30 days -thereafter, file a complaint with the secretary of the department of -housing and urban development. -The city manager will assist in this filing. -.IP " 4." 4 -If the city manager has been unable to obtain voluntary compliance -within 30 days of the complaint, the person aggrieved may, within 30 -days thereafter, commence a civil action in any appropriate court, -against the respondent named in the complaint to enforce the rights -granted or protected by this chapter, insofar as such rights relate to -the subject of the complaint. -If the court finds that a discriminatory housing practice has occurred -or is about to occur, the court may enjoin the respondent from engaging -in such practice or order such affirmative action as may be appropriate. -.IP " 5." 4 -In any proceeding brought pursuant to this section, the burden of proof -shall be on the complainant. -.IP " 6." 4 -Whenever an action filed by an individual shall come to trial, the city -manager shall immediately terminate all efforts to obtain voluntary -compliance. -.LP -(Code 1999, § 5-710; Ord. -No. -69(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-711_Investigations;_Subpoenas;_Giving_Of_Evidence" -A "\c" \ - -- "Sec 5-711 Investigations; Subpoenas; Giving Of Evidence" -\& -.IP " 1." 4 -In conducting an investigation the city manager shall have access at all -reasonable times to premises, records, documents, individuals, and other -evidence or possible sources of evidence and may examine, record, and -copy such materials and take and record the testimony or statements of -such persons as are reasonably necessary for the furtherance of the -investigation; provided, however, that the city manager first complies -with the provisions of the Fourth Amendment of the United States -Constitution relating to unreasonable searches and seizures. -The city manager may issue subpoenas to compel his access to or the -production of such materials, or the appearance of such persons, and may -issue interrogatories to a respondent, to the same extent and subject to -the same limitations as would apply if the subpoenas or interrogatories -were issued or served in aid of a civil action in the United States -District Court for the district in which the investigation is taking -place. -The city manager may administer oaths. -.IP " 2." 4 -Upon written application to the city manager, a respondent shall be -entitled to the issuance of a reasonable number of subpoenas by and in -the name of the city manager to the same extent and subject to the same -limitations as subpoenas issued by the city manager himself. -Subpoenas issued at the request of a respondent shall show on their face -the name and address of such respondent and shall state that they were -issued at his request. -.IP " 3." 4 -Witnesses summoned by subpoena of the city manager shall be entitled to -the same witness and mileage fees as are witnesses in proceedings in -United States District Courts. -Fees payable to a witness summoned by a subpoena issued at the request -of a respondent shall be paid by him. -.IP " 4." 4 -Within five days after services of a subpoena upon any person, such -person may petition the city manager to revoke or modify the subpoena. -The city manager shall grant the petition if he finds that the subpoena -requires appearance or attendance at an unreasonable time or place, that -it requires production of evidence which does not relate to any matter -under investigation, that it does not describe with sufficient -particularity the evidence to be produced, that compliance would be -unduly onerous, or for other good reason. -.IP " 5." 4 -In case of contumacy or refusal to obey a subpoena, the city manager or -other person at whose request it was issued may petition for its -enforcement in the municipal or county district court for the district -in which the person to whom the subpoena was addressed resides, was -served, or transacts business. -.IP " 6." 4 -Any person who willfully fails or neglects to attend and testify or to -answer any lawful inquiry or to produce records, documents, or other -evidence, if in his power to do so, in obedience to the subpoena or -lawful order of the city manager shall be punished as provided in -section 1-108. -Any person who, with intent thereby to mislead the city manager, shall -make or cause to be made any false entry or statement of fact in any -report, account, record, or other document submitted to the city manager -pursuant to his subpoena or other order, or shall willfully neglect or -fail to make or cause to be made full, true and correct entries in such -reports, accounts, records, or other documents, or shall willfully -mutilate, alter, or by any other means falsify any documentary evidence, -shall be punished as provided in section 1-108. -.IP " 7." 4 -The city attorney shall conduct all litigation in which the city manager -participates as a party or as amicus pursuant to this chapter. -.LP -(Code 1999, § 5-711; Ord. -No. -69(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-712_Enforcement_By_Private_Persons" -A "\c" \ - -- "Sec 5-712 Enforcement By Private Persons" -\& -.IP " 1." 4 -The rights granted by sections 5-703 through 5-706 may be enforced by -civil actions in state courts of competent jurisdiction. -A civil action shall be commenced within 180 days after the alleged -discriminatory housing practice occurred; provided, however, that the -court shall continue such civil case brought pursuant to this section or -section 5-710(d) from time to time before bringing it to trial if the -court believes that the conciliation efforts of the city manager are -likely to result in satisfactory settlement of the discriminatory -housing practice complained of in the complaint made to the city manager -and which practice forms the basis for the action in court; and provided -further, that any sale, encumbrance, or rental consummated prior to the -issuance of any court order issued under the authority of this chapter, -and involving a bona fide purchaser, encumbrancer, or tenant without -actual notice of the existence of the filing of a complaint or civil -action under the provisions of this chapter shall not be affected. -.IP " 2." 4 -The court may consider and grant as relief, as it deems appropriate, any -permanent or temporary injunction, temporary restraining order, or other -order, and may award to the plaintiff actual damages and punitive -damages as allowed under the laws of the state or under applicable -federal law, together with court costs and reasonable attorney\[aq]s -fees in the case of a prevailing plaintiff, provided that the plaintiff, -in the opinion of the court, is not financially able to assume the -attorney\[aq]s fees. -.LP -(Code 1999, § 5-712; Ord. -No. -69(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-713_Interference,_Coercion,_Or_Intimidation" -A "\c" \ - -- "Sec 5-713 Interference, Coercion, Or Intimidation" -\& -.LP -It shall be unlawful to coerce, intimidate, threaten, or interfere with -any person in the exercise or enjoyment of, or on account of his having -exercised or enjoyed, or on account of his having aided or encouraged -any other person in the exercise or enjoyment of, any right granted or -protected by section 5-703, 5-704, 5-705, or 5-706. -This section may be enforced by appropriate civil action. -.PP -(Code 1999, § 5-713; Ord. -No. -69(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-714_Prevention_Of_Intimidation_In_Fair_Housing_Cases" -A "\c" \ - -- "Sec 5-714 Prevention Of Intimidation In Fair Housing Cases" -\& -.LP -Whoever, whether or not acting under color of law, by force or threat of -force willfully injures, intimidates or interferes with, or attempts to -injure, intimidate or interfere with: -.IP " 1." 4 -Any person because of his race, color, religion, national origin, -handicap or familial status and because he is or has been selling, -purchasing, renting, financing, occupying, or contracting or negotiating -for the sale, purchase, rental, financing or occupation of any dwelling, -or applying for or participating in any service, organization, or -facility relating to the business of selling or renting dwellings; -.IP " 2." 4 -Any person because he is or has been, or in order to intimidate such -person or any other person or any class of persons from: -.RS 4 -.IP " 1." 4 -Participating without discrimination on account of race, sex, color, -religion, national origin, handicap, or familial status, in any of the -activities, services, organizations or facilities described in -subsection (A) of this section; -.IP " 2." 4 -Affording another person or class of persons opportunity or protection -so to participate; or -.RE -.IP " 3." 4 -Any citizen because he is or has been, or in order to discourage such -citizen or any other citizen from lawfully aiding or encouraging other -persons to participate, without discrimination on account of race, sex, -color, religion, national origin, handicap, or familial status, in any -of the activities, services, organizations or facilities described in -subsection (A) of this section, or participating lawfully in speech or -peaceful assembly opposing any denial of the opportunity to so -participate; -.LP -shall be punished as provided in section 1-108. -.PP -(Code 1999, § 5-714; Ord. -No. -69(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-8_OUTDOOR_LIGHT_FIXTURES" -A "\c" \ - -- "CHAPTER 5-8 OUTDOOR LIGHT FIXTURES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-801_Light_Trespass_Prohibited" -A "\c" \ - -- "Sec 5-801 Light Trespass Prohibited" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-801_Light_Trespass_Prohibited" -A "\c" \ - -- "Sec 5-801 Light Trespass Prohibited" -\& -.IP " 1." 4 -Requirements for luminaire heights, shielding, placement and aiming to -minimize light trespass and direct glare emitted by a lighting system -for any lot that is adjacent to a residentially zoned property or -residential land use shall be as follows: -.RS 4 -.IP " 1." 4 -Spill light on adjacent residential or unlighted properties shall be -minimized by complying with the following: -.RS 4 -.IP " 1." 4 -The lighting system shall be designed to minimize the impact on spill -light to adjacent properties. -.IP " 2." 4 -Wall-mounted luminaries shall not be mounted higher above the ground -than their distance to the property line unless they are -mounted/shielded so as to direct the light away from the adjacent -property (i.e., on a wall on the property line but directed inward). -Maximum mounting height for wall-mounted luminaries shall be 15 feet, or -as approved by the community development director. -.RE -.IP " 2." 4 -Direct glare shall be minimized by compliance with the following -requirements: -.RS 4 -.IP " 1." 4 -The lighting system shall be designed to minimize the impact on glare to -adjacent properties. -.IP " 2." 4 -The direct glare from the luminaire shall not be visible from six feet -above grade at the property line. -Exception: field sports lighting. -.IP " 3." 4 -Where the adjacent property is residential and the luminaire is a -decorative style, the lot line side of the luminaire is to be -blocked/shielded out to eliminate spill and glare. -.RE -.RE -.IP " 2." 4 -Violations and enforcement. -It shall be unlawful to install or operate an outdoor light fixture in -violation of this Code. -Final determination as to compliance with this section shall be based on -point-by-point analysis by the community development director or -designee. -Any person violating any provision of this Code shall be subject to a -fine and court costs as provided by law. -Each and every day, which the illegal erection, maintenance, and use -continues, is a separate offense. -.IP " 3." 4 -Exemptions: nonconforming fixtures. -All outdoor light fixtures, existing and fully installed, or for which a -building permit has been issued prior to the effective date of this -Code, may remain nonconforming; provided, however, that no change in -use, replacement, structural alteration, or restoration of outdoor light -fixtures shall be made unless it thereafter conforms to the provisions -of this Code. -.LP -(Code 1999, § 5-801; Ord. -No. -520(05), 10-3-2005) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-9_FUEL_GAS_CODE" -A "\c" \ - -- "CHAPTER 5-9 FUEL GAS CODE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-901_International_Fuel_Gas_Code_2015_Adopted" -A "\c" \ - -- "Sec 5-901 International Fuel Gas Code 2015 Adopted" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-902_Additions,_Insertions_And_Changes" -A "\c" \ - -- "Sec 5-902 Additions, Insertions And Changes" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-901_International_Fuel_Gas_Code_2015_Adopted" -A "\c" \ - -- "Sec 5-901 International Fuel Gas Code 2015 Adopted" -\& -.LP -Pursuant to section 2-15 of the Charter, the council may by ordinance -adopt, by reference, codes which shall be considered to have the same -effect as if set out in full in the City Code. -Pursuant to this authority, the council hereby ordains that a certain -document, at least one copy of which is on file in the office of the -city clerk, being marked and designated as the \[dq]2015 International -Fuel Gas Code,\[dq] as adopted by the state uniform building code -commission pursuant to 59 O.S. -§ 1000.23, is hereby adopted as the fuel gas code of the city; for -addressing the design and installation of fuel gas systems and gas-fired -appliances as herein provided. -Each and all of the regulations, provisions, penalties, conditions and -terms of the International Fuel Gas Code as hereby referred to, adopted -and made a part hereof, as if fully set out in this Code, with the -additions, insertions, and changes, if any, as prescribed and set out -herein. -.PP -(Code 1999, § 5-901; Ord. -No. -541(06), 10-16-2006; Ord. -No. -638(08), 12-15-2008) -.PP -\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. -§ 14-107. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334092_Ordinance%20No.%20859(17).pdf" -A "\c" \ - -- "859(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-902_Additions,_Insertions_And_Changes" -A "\c" \ - -- "Sec 5-902 Additions, Insertions And Changes" -\& -.LP -The following sections of the \[dq]International Fuel Gas Code 2015\[dq] -are hereby revised, deleted, or amended as set out below. -Items in [ ] are phrases that shall be deemed inserted into the -appropriate section of the International Code: -.IP " 1." 4 -Section 108.4 Insert: [Violation] -.br -[200.00]. -.br -Delete: or by imprisonment not exceeding [number of days], or both such -fine and imprisonment. -.IP " 2." 4 -Section 101.1 Title: These regulations shall be known as the Fuel Gas -Code of the City of Moore, Oklahoma, hereinafter referred to as -\[dq]this code.\[dq] -.LP -(Code 1999, § 5-902; Ord. -No. -541(06), 10-16-2006; Ord. -No. -638(08), 12-15-2008) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334092_Ordinance%20No.%20859(17).pdf" -A "\c" \ - -- "859(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-10_ROOFING_CONTRACTORS" -A "\c" \ - -- "CHAPTER 5-10 ROOFING CONTRACTORS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1001_Definitions" -A "\c" \ - -- "Sec 5-1001 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1002_Registration;_Fine" -A "\c" \ - -- "Sec 5-1002 Registration; Fine" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1003_Powers" -A "\c" \ - -- "Sec 5-1003 Powers" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1004_Obtaining_A_Roofing_Contractor_Registration;_Refusal_Of_Registration" -A "\c" \ - -- "Sec 5-1004 Obtaining A Roofing Contractor Registration; Refusal Of Registration" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1005_Criminal_History_Records_Search_Or_Background_Check" -A "\c" \ - -- "Sec 5-1005 Criminal History Records Search Or Background Check" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1006_Roofing_Contractor_Registration_Certificate,_Business_Limitations" -A "\c" \ - -- "Sec 5-1006 Roofing Contractor Registration Certificate, Business Limitations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1007_Registration_Fee" -A "\c" \ - -- "Sec 5-1007 Registration Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1008_Applicability_Of_Roofing_Contractor_Registration" -A "\c" \ - -- "Sec 5-1008 Applicability Of Roofing Contractor Registration" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1009_Issuance_Or_Denial_Of_Registration" -A "\c" \ - -- "Sec 5-1009 Issuance Or Denial Of Registration" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1010_Change_In_Roofing_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business,_Notification" -A "\c" \ - -- "Sec 5-1010 Change In Roofing Contractor\[aq]s Name, Address, Legal Service Agent, Or Cease Of Business, Notification" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1011_Certificate_Of_Renewal" -A "\c" \ - -- "Sec 5-1011 Certificate Of Renewal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1012_Contractor's_Agent_For_Service_Of_Process" -A "\c" \ - -- "Sec 5-1012 Contractor\[aq]s Agent For Service Of Process" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1013_Application_For_Building_Permits;_Disclosure_Of_Registration_Certificate_Number" -A "\c" \ - -- "Sec 5-1013 Application For Building Permits; Disclosure Of Registration Certificate Number" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Roofing Contractor Registration Act, -59 O.S. -§ 1151.1 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1001_Definitions" -A "\c" \ - -- "Sec 5-1001 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Nonresident contractor\f[R] means any contractor who has not -established and maintained a place of business as a roofing contractor -in the state within the preceding year, or who claims residency in -another state, or who has not submitted an income tax return as a -resident of the state within the preceding year. -.PP -\f[I]Person\f[R] means any individual, firm, partnership, association, -corporation, limited liability company, or other group or combination -thereof acting as a unit, unless the intent to give a more limited -meaning is disclosed clearly by this chapter. -.PP -\f[I]Public contract\f[R] means a contract with the state, its political -subdivisions, or any board, commission, or department thereof, or with -any board of county commissioners, or with any city council, school -board, or with any state or municipal agency, or with any other public -board, body, commission, or agency authorized to award contracts for the -construction or reconstruction of public work and includes subcontracts -undertaken to perform works covered by the original contract or any part -thereof. -.PP -\f[I]Registrar\f[R] means the city or any person designated by the city -to administer the provisions of this chapter. -.PP -\f[I]Roofing contractor\f[R] means any person, including a subcontractor -and nonresident contractor, engaged in the business of commercial or -residential roofing contractor work, or who himself, or through another, -attempts to or advertises, holds himself out as having, or purports to -have, the capacity to undertake roofing contractor work, or offers to -engage in or solicits roofing installation-related services, including -construction, installation, renovation, remodeling, reroofing, repair, -maintenance, alteration, and waterproofing, unless specifically exempted -in the Roofing Contractor Registration Act. -The term \[dq]roofing contractor\[dq] shall not mean: -.IP " 1." 4 -A person engaged in the demolition of a structure or the cleanup of -construction waste and debris that contains roofing material; -.IP " 2." 4 -A person working under the direct supervision of the roofing contractor -who is hired either as an employee, day laborer, or contract laborer -whose payment, received in any form, from the roofing contractor is -subject to self-employment tax; -.IP " 3." 4 -A person working on his own property or that of an immediate relative -and such person is not receiving any compensation; or -.IP " 4." 4 -A person acting as a handyman who is receiving compensation from the -property owner and who is performing the roofing repair in conjunction -with other repairs to the property and who does not perform more than -two roofing jobs per year. -.LP -\f[I]Roofing contractor work\f[R] means the installation, fabrication or -assembly of equipment or systems included in roofing systems as defined -in the International Building Code and the International Residential -Code, as adopted by the state uniform building code commission, and -which codes are hereby adopted and incorporated by reference. -Roofing construction work includes, but is not limited to, installation, -renovation, remodeling, reroofing, reconstructing, repair, maintenance, -improvement, alteration, and waterproofing, unless specifically exempted -in the Roofing Contractor Registration Act (59 O.S. -§ 1151.1 et seq.). -.PP -(Code 1999, § 5-1001; Ord. -No. -689(10), 12-6-2010) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 59 O.S. -§ 1151.2. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1002_Registration;_Fine" -A "\c" \ - -- "Sec 5-1002 Registration; Fine" -\& -.IP " 1." 4 -A person may not engage in the business nor act in the capacity of a -roofing contractor within the city nor may that person bring or maintain -any claim, action, suit, or proceeding in any court of the state related -to the person\[aq]s business or capacity as a roofing contractor without -a valid registration as provided in this chapter. -.IP " 2." 4 -A person who fails to obtain a valid registration prior to acting as a -roofing contractor as defined in this chapter, a person who acts as a -roofing contractor while his registration is suspended or revoked, or a -person who violates any provision of this chapter shall be guilty of a -violation, upon conviction, punishable by a fine not to exceed $500.00. -.LP -(Code 1999, § 5-1002; Ord. -No. -689(10), 12-6-2010) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1003_Powers" -A "\c" \ - -- "Sec 5-1003 Powers" -\& -.LP -The city is authorized to employ personnel and procure such supplies and -equipment as may be necessary to carry out and implement the provisions -of this chapter, subject to budgetary limitations and funding. -The city may promulgate forms to implement the provisions of this -chapter. -The city may administer any provision of this chapter through use of the -Internet or other technology as deemed necessary or appropriate. -.PP -(Code 1999, § 5-1003; Ord. -No. -689(10), 12-6-2010) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1004_Obtaining_A_Roofing_Contractor_Registration;_Refusal_Of_Registration" -A "\c" \ - -- "Sec 5-1004 Obtaining A Roofing Contractor Registration; Refusal Of Registration" -\& -.IP " 1." 4 -To obtain a roofing contractor registration under this chapter, an -applicant who is 18 years of age or older shall submit, on forms the -city prescribes, an application attaching a valid approved state -registration. -A copy of the roofing contractor\[aq]s certificate of liability -insurance shall be filed with the application and shall be not less than -$500,000.00. -Any insurance company issuing a liability policy to a roofing contractor -pursuant to the provisions of this chapter shall be required to notify -the city in the event such liability policy is cancelled for any reason -or lapses for nonpayment of premiums. -In addition, the roofing contractor shall submit proof that the -contractor has secured workers\[aq] compensation coverage satisfactory -under the Administrative Workers\[aq] Compensation Act (85A O.S. -§ 1 et seq.), or an affidavit of exemption or self-insurance as -authorized pursuant to the Workers\[aq] Compensation Act. -If the city deems it appropriate or necessary, the city may also require -other information to be included on the application form to assist the -city in registering the person as a contractor. -The application shall contain statements that the applicant desires the -issuance of a roofing contractor registration certificate; that the -applicant will comply with the provisions of this chapter; that the -applicant will comply with state laws and local ordinances relating to -standards and permits; that the applicant has or has not been registered -or licensed as a roofing contractor in another state and whether any -disciplinary action was taken against such registration or license or -whether it is still in good standing; and that the nonresident applicant -appoints the secretary of state as legal service agent for all lawful -process to be served upon the applicant for work performed in the state -or as otherwise provided in this chapter. -.IP " 2." 4 -The city shall refuse to register any person if the city determines: -.RS 4 -.IP " 1." 4 -The application contains false, misleading, or incomplete information; -.IP " 2." 4 -The applicant fails or refuses to provide any information requested by -the city; -.IP " 3." 4 -The applicant fails or refuses to pay the required fees; -.IP " 4." 4 -The applicant is ineligible for registration due to a suspended or -revoked registration in the state; -.IP " 5." 4 -The nonresident applicant has a revoked or suspended registration or -license required by law for roofing contractors in another state; or -.IP " 6." 4 -The applicant has failed or refuses to submit any taxes due in the -state. -.RE -.IP " 3." 4 -The city shall notify the applicant in writing if the city denies a -registration or renewal certificate, and shall provide the applicant an -opportunity to respond to or cure any defect in the written application -or renewal for a period of ten days from the date of the written -notification. -An applicant aggrieved by a decision of the city denying a registration -or renewal may appeal the decision to the city manager as provided in -the Administrative Procedures Act (75 O.S. -§ 250 et seq.), or the applicant may reapply after a 90-day waiting -period, if otherwise eligible in the provisions of this chapter. -The application and renewal fees shall not be refundable. -.IP " 4." 4 -The city shall classify as not in good standing the registration of any -roofing contractor who fails to: -.RS 4 -.IP " 1." 4 -Maintain liability insurance coverage; -.IP " 2." 4 -Maintain workers\[aq] compensation coverage satisfactory under the -Workers\[aq] Compensation Act, or provide an affidavit of exemption or -self-insurance as authorized pursuant to the Administrative Workers\[aq] -Compensation Act (85A O.S. -§ 1 et seq.); -.IP " 3." 4 -File, renew, or properly amend any fictitious name certificate; -.IP " 4." 4 -Maintain an active status of a corporation or registration as a foreign -corporation, a limited liability company or registration as a foreign -limited liability company, a limited liability partnership registration -or foreign limited liability partnership registration, or a limited -partnership certificate or limited partnership or foreign limited -partnership certificate of authority, with the office of the secretary -of state; -.IP " 5." 4 -File or renew a trade name registration; -.IP " 6." 4 -Maintain or renew a roofing contractor registration as provided in this -chapter; -.IP " 7." 4 -Notify the city of a change in name, address, legal business entity, -legal service agent, or adjudication by a court of competent -jurisdiction for any act or omission specified in 59 O.S. -§ 1151.14(A) or a violation of this chapter; -.IP " 8." 4 -Maintain a registration as required by law in another state while -registered in this state as a nonresident roofing contractor; or -.IP " 9." 4 -File and pay all taxes when due in the state. -.RE -.IP " 5." 4 -The city shall send a written notice to the person when his registration -is not in good standing. -Any roofing contractor who has been notified by the city that his -registration is not in good standing shall cease soliciting or entering -new roofing services and projects as of the date of such notification; -however, the roofing contractor shall be allowed to complete roofing -projects where actual physical work has begun prior to the date of -issuance of the notice that his registration is not in good standing. -If the roofing contractor fails to correct the deficiency specified in -the notice by evidence satisfactory to the registrar within 30 days of -the date of the notice, or if the roofing contractor solicits or enters -into new roofing services contracts or projects while the roofing -contractor\[aq]s registration is not in good standing, or while such -registration is suspended or revoked, the roofing contractor shall be in -violation of the provisions of this chapter. -Any registration that remains not in good standing for a 60-day period -shall be suspended on the 60th day from the date of issuance of the -notice to the roofing contractor that his registration is not in good -standing. -Any registration that remains not in good standing, and is suspended for -such cause, shall be revoked on the 90th day from the date of issuance -of the notice to the roofing contractor that his registration is not in -good standing. -The city shall notify the roofing contractor upon suspension or -revocation of his registration for failure to comply in bringing such -registration into good standing as required by law. -The roofing contractor may reinstate his registration to good standing -by paying the required fees provided in section 5-1007 and complying -with all other requirements for issuance of a registration in good -standing. -Any person aggrieved by the decision of the city to suspend or revoke a -registration pursuant to this section may appeal such decision to the -city manager\[aq]s office. -.LP -(Code 1999, § 5-1004; Ord. -No. -689(10), 12-6-2010) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1005_Criminal_History_Records_Search_Or_Background_Check" -A "\c" \ - -- "Sec 5-1005 Criminal History Records Search Or Background Check" -\& -.IP " 1." 4 -When deemed appropriate, the city may conduct a criminal history records -search or background check on any applicant or registered roofing -contractor and may investigate the information submitted on a roofing -contractor application or renewal form, provided no adverse action may -be taken against the person until the person has been notified and given -an opportunity to respond in writing. -.IP " 2." 4 -The city, its agents, employees and assigns shall not be liable and are -granted immunity for the acts or omissions of any registered roofing -contractor or its employees, or for any person\[aq]s failure or omission -to properly disclose any information on an application or renewal form, -including, but not limited to, pending criminal charges, arrests or -prior criminal history records, disclosure of his roofing contractor -registration status, or his qualifications to perform or act as a -roofing contractor. -.LP -(Code 1999, § 5-1005; Ord. -No. -689(10), 12-6-2010) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1006_Roofing_Contractor_Registration_Certificate,_Business_Limitations" -A "\c" \ - -- "Sec 5-1006 Roofing Contractor Registration Certificate, Business Limitations" -\& -.LP -The holder of a roofing contractor registration certificate is entitled -to engage in the roofing business within the city pursuant to the -provisions of this chapter, and subject to the following limitations: -.IP " 1." 4 -A roofing contractor\[aq]s registration certificate number shall be -valid and in good standing at the time of soliciting a project and -during subsequent job performance; -.IP " 2." 4 -A roofing contractor\[aq]s registration certificate number shall be -submitted when applying for any permit issued by the state, or any of -its political subdivisions, for commercial or residential roofing -services or projects, if a permit is required by such authority, and -shall be written upon each permit issued; -.IP " 3." 4 -A roofing contractor\[aq]s registration certificate cannot be shared or -used by any other individual or business entity; provided, however, a -business, firm, partnership, association, corporation, limited liability -company, or other group or combination thereof acting as a unit may be -granted a single roofing registration certificate number for use by -designated roofing contractors acting as agents for the business entity -when the application for registration contained sufficient information -on each member, partner, officer and agent and the state issued a single -certificate number to such persons as a business unit; -.IP " 4." 4 -Upon any change to the name, address, business entity, or legal service -agent of a roofing contractor or upon adjudication by a court of -competent jurisdiction for a violation of this chapter or an act or -omission specified in 59 O.S. -§ 1151.14(A), the city shall be notified in writing; -.IP " 5." 4 -A roofing contractor shall comply with state laws and local ordinances -relating to standards and permits for roofing services and projects; and -.IP " 6." 4 -A roofing contractor must pay taxes due in the state. -.LP -(Code 1999, § 5-1006; Ord. -No. -689(10), 12-6-2010) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1007_Registration_Fee" -A "\c" \ - -- "Sec 5-1007 Registration Fee" -\& -.IP " 1." 4 -At the time of making application for a roofing contractor registration -certificate pursuant to this chapter, the applicant shall pay to the -city a fee to be set by resolution for the annual registration -certificate. -.IP " 2." 4 -All monies collected by the city for roofing contractor registration -applications, renewals and other fee assessments shall be deposited by -the city into the general fund. -.IP " 3." 4 -The fee to be submitted with an application for a roofing contractor -registration may be prorated as set by the city. -Unless prorated at the time of initial registration, fees shall be paid -in the amount stated in subsection (A) of this section and such -registration certificates shall expire June 30 each year. -.IP " 4." 4 -A renewal fee for a roofing contractor registration shall be set by -resolution for the annual renewal registration certificate. -.LP -(Code 1999, § 5-1007; Ord. -No. -689(10), 12-6-2010) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1008_Applicability_Of_Roofing_Contractor_Registration" -A "\c" \ - -- "Sec 5-1008 Applicability Of Roofing Contractor Registration" -\& -.IP " 1." 4 -The Roofing Contractor Registration Act does not apply to: -.RS 4 -.IP " 1." 4 -An actual owner of residential or farm property who physically performs, -or has employees who perform, roofing services including construction, -installation, renovation, repair, maintenance, alteration, -waterproofing, or removal of materials or structures on his own dwelling -or another structure located on the residential or farm property owned -by such person without the assistance of any registered roofing -contractor as such term is defined by this chapter; -.IP " 2." 4 -Any authorized employee, representative or representatives of the United -States Government, the state, or any county, municipality, or other -political subdivision of the state; and -.IP " 3." 4 -Any person who furnishes any fabricated or finished product, material, -or article of merchandise which is not incorporated into or attached to -real property by such person so as to become affixed thereto. -.RE -.IP " 2." 4 -Any administrative or governing body with authority to enter into public -contracts shall require individual roofing contractor registration for -purposes of such persons submitting or entering into any bid or -contract. -.LP -(Code 1999, § 5-1008; Ord. -No. -689(10), 12-6-2010) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1009_Issuance_Or_Denial_Of_Registration" -A "\c" \ - -- "Sec 5-1009 Issuance Or Denial Of Registration" -\& -.LP -Within 25 calendar days from the date of application, the city shall -either issue or deny the roofing contractor registration. -No registration shall be issued to an applicant until the city receives -all documentation and fees necessary to obtain a registration -certificate in good standing. -The registration certificate issued on an original application entitles -the person to act as a roofing contractor within the city subject to the -limitations of this chapter, until the expiration of the then current -fiscal year ending June 30, except that an initial registration issued -in May or June is valid until June 30 of the subsequent year. -On the effective date of the ordinance from which this chapter is -derived, a prorated registration certificate issued between January 1, -2011, and April 30, 2011, shall be valid until June 30, 2011. -.PP -(Code 1999, § 5-1009; Ord. -No. -689(10), 12-6-2010) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1010_Change_In_Roofing_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business,_Notification" -A "\c" \ - -- "Sec 5-1010 Change In Roofing Contractor\[aq]s Name, Address, Legal Service Agent, Or Cease Of Business, Notification" -\& -.LP -No later than ten days after the date of a change in a roofing -contractor\[aq]s name, address, or legal service agent, or upon a -registered roofing contractor ceasing business as a roofing contractor, -the person shall notify the city of the change on a form provided by the -city. -A name, address, or legal service agent change shall be accompanied by a -fee to be set by resolution. -A person may not change his name under an active registration -certificate if the change is associated with a change in the legal -status of the business entity other than a change in marital status. -Doing business under a new business name or change in legal status of a -business requires issuance of a new registration certificate. -When a registered roofing contractor ceases to be active as a roofing -contractor, the city shall suspend the registration certificate of such -contractor. -.PP -(Code 1999, § 5-1010; Ord. -No. -689(10), 12-6-2010) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1011_Certificate_Of_Renewal" -A "\c" \ - -- "Sec 5-1011 Certificate Of Renewal" -\& -.IP " 1." 4 -Any roofing contractor registration certificate issued under this -chapter may be renewed for each successive fiscal year by obtaining from -the city a certificate of renewal. -To obtain a certificate of renewal, the person shall file with the city -a renewal application by June 30 and pay the renewal fee. -The application for renewal shall require statements under oath that the -applicant has properly submitted income and employment taxes due in the -state; whether or not the applicant has been convicted of any felony -offense, and the nature of such offense, since issuance of the prior -registration; and whether or not the applicant has been adjudicated by a -court of competent jurisdiction for any violation of this chapter or any -act or omission specified in 59 O.S. -§ 1151.14(A). -The city may forward a copy of any information in an application for -renewal to the state tax commission and any other state agency. -The applicant shall include with the renewal application a copy of -certificate of liability insurance, unless the registrar has a current -valid certificate of liability insurance on file, proof of workers\[aq] -compensation coverage, unless exempt under the Administrative -Workers\[aq] Compensation Act (85A O.S. -§ 1 et seq.), and, if applicable, a copy of the current registration -certificate required by law for roofing contractors. -The renewal application need not be notarized. -.IP " 2." 4 -The city shall refuse to renew a roofing contractor\[aq]s registration -certificate for any reason stated in 59 O.S. -§ 1151.5(B) or section 5-1004 of this chapter. -The city shall notify the applicant in writing if the city denies the -renewal. -.IP " 3." 4 -If any roofing contractor fails to file a renewal application by the -June 30 deadline that contractor\[aq]s registration shall be not in good -standing. -A roofing contractor has a 30-day grace period after June 30 to renew -the registration certificate without a late fee. -The late fee shall be set by the city and such fee shall not exceed -$25.00. -A roofing contractor registration certificate not renewed by August 30 -shall be suspended for failure to renew, and on January 1, if a roofing -contractor\[aq]s registration certificate still has not been renewed, it -shall be revoked for failure to renew. -.IP " 4." 4 -.IP " 1." 4 -A roofing contractor desiring to renew a registration certificate that -has been suspended for any cause provided in this chapter shall be -assessed a fee equal to twice the amount of the fee established as a -renewal amount. -.IP " 2." 4 -The city shall assess a reinstatement fee to be set by resolution plus -the fee established by section 5-1007 for any registration that has been -revoked for any cause provided in this chapter. -.IP " 3." 4 -A roofing contractor submitting an application for registration after -suspension or revocation of that contractor\[aq]s registration -certificate must be otherwise eligible for registration under this -chapter. -.IP " 5." 4 -The city shall include a registration status notation in a roofing -contractor\[aq]s record if the status of registration changes from an -active and valid registration to not in good standing, denied, suspended -or revoked. -.LP -(Code 1999, § 5-1011; Ord. -No. -689(10), 12-6-2010) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1012_Contractor's_Agent_For_Service_Of_Process" -A "\c" \ - -- "Sec 5-1012 Contractor\[aq]s Agent For Service Of Process" -\& -.LP -Every applicant for a roofing contractor\[aq]s registration who is a -nonresident contractor as defined by this chapter, by signing and filing -the application, appoints the secretary of state as the applicant\[aq]s -true and lawful agent upon whom may be served all lawful process in any -action or proceeding against such nonresident contractor for -construction projects performed in the state. -Such appointment in writing is evidence of the roofing contractor\[aq]s -consent that any such process against the contractor which is served -upon the secretary of state shall be of the same legal force and effect -as if served upon the contractor personally within the state. -Registered foreign corporations, registered foreign limited liability -companies, foreign limited liability partnerships and foreign limited -partnerships entitled to do business in the state having a current -registered agent and registered address on file in the office of the -secretary of state need not appoint the secretary of state as agent for -service of process under this section. -Within ten days after service of the summons upon the secretary of -state, notice of such service with the summons and complaint in the -action shall be sent to the defendant roofing contractor at the -defendant contractor\[aq]s last-known address by registered or certified -mail with return receipt requested and proof of such mailing shall be -attached to the summons. -The secretary of state shall keep a record of all process served upon -the secretary of state under this section, showing the day and hour of -service. -Whenever service of process was made under this section, the court, -before entering a default judgment, or at any stage of the proceeding, -may order such continuance as may be necessary to afford the defendant -contractor reasonable opportunity to defend any action pending against -the defendant contractor. -.PP -(Code 1999, § 5-1012; Ord. -No. -689(10), 12-6-2010) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1013_Application_For_Building_Permits;_Disclosure_Of_Registration_Certificate_Number" -A "\c" \ - -- "Sec 5-1013 Application For Building Permits; Disclosure Of Registration Certificate Number" -\& -.IP " 1." 4 -When applying for any permit required by the state or any of its -political subdivisions for roofing services or jobs, a roofing -contractor shall supply the permit-issuing official that roofing -contractor\[aq]s registration certificate number issued pursuant to this -chapter. -That official shall enter a roofing contractor\[aq]s registration number -on the permit. -.IP " 2." 4 -A person performing as a roofing contractor on his own property, -although exempt from the registration requirements of this chapter, -shall, when applying for a permit required for the project, supply the -permit-issuing official any roofing contractor registration number, as -soon as available, of each roofing subcontractor engaged in roofing -services and doing work covered by the permit, if any. -That official shall enter each roofing contractor registration number so -supplied before inspection of the job. -.IP " 3." 4 -A roofing contractor shall display his state roofing contractor -registration number issued pursuant to this chapter on each commercial -vehicle used for roofing services and upon every business sign, card, -correspondence, and contract used to solicit and conduct roofing -services in the state. -.LP -(Code 1999, § 5-1013; Ord. -No. -689(10), 12-6-2010) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-11_STORM_SHELTERS" -A "\c" \ - -- "CHAPTER 5-11 STORM SHELTERS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1101_Definitions" -A "\c" \ - -- "Sec 5-1101 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1102_Permits_Required" -A "\c" \ - -- "Sec 5-1102 Permits Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1103_Standards_And_Specifications" -A "\c" \ - -- "Sec 5-1103 Standards And Specifications" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1101_Definitions" -A "\c" \ - -- "Sec 5-1101 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Storm shelter\f[R] means any under-ground structure designed to -current FEMA standards to protect its occupants from the effects of wind -and debris resulting from a tornado or severe weather event. -.PP -(Code 1999, § 5-1101; Ord. -No. -707(11), 10-17-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1102_Permits_Required" -A "\c" \ - -- "Sec 5-1102 Permits Required" -\& -.IP " 1." 4 -No storm shelter shall be constructed within the city unless a building -permit has been issued by the building inspection department. -.IP " 2." 4 -All storm shelter construction shall comply with the standards contained -in FEMA Publication 320, FEMA Publication 361 or ICC 500, or the -applicable succeeding publication. -.LP -(Code 1999, § 5-1102; Ord. -No. -707(11), 10-17-2011) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334626_Ordinance%20No.%20864(17).pdf" -A "\c" \ - -- "864(17)" -\& on 8/7/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1103_Standards_And_Specifications" -A "\c" \ - -- "Sec 5-1103 Standards And Specifications" -\& -.IP " 1." 4 -No preshaped shelter, such as metal, plastic, wood, plexiglass, etc., -shall be approved unless the design is sufficient to prevent flotation -when the shelter is empty. -Flotation force is considered to be 100 percent. -Weight of earthen fill will not be considered in reducing this flotation -factor. -.IP " 2." 4 -All shelters constructed in front yards or, in the case of a corner lot, -in side yards that abut a street or public access and are not fenced, -shall not have any projection to include backfill, cover, hatches, -stairs, or vent pipes exceeding 18 inches above grade in height, with -measuring the point to be 12 inches from any side or radius of the -constructed shelter. -.IP " 3." 4 -All underground storm shelters constructed in front, side or rear yards -that are not enclosed by a fence shall be provided with a locking -device. -.IP " 4." 4 -No underground storm shelter shall be used for any type of occupancy -other than as a storm shelter. -.IP " 5." 4 -All concrete used in shelter construction shall have a compressive -strength of not less than 3,500 pounds per square inch. -.IP " 6." 4 -All shelters shall be adequately waterproofed to prevent seepage. -.LP -(Code 1999, § 5-1103; Ord. -No. -707(11), 10-17-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_6_COURT" -A "\c" \ - -- "PART 6 COURT" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-1_COURT_PROCEDURE" -A "\c" \ - -- "CHAPTER 6-1 COURT PROCEDURE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-2_JUDGE" -A "\c" \ - -- "CHAPTER 6-2 JUDGE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-3_JURY_TRIALS" -A "\c" \ - -- "CHAPTER 6-3 JURY TRIALS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-4_PROCEEDING_AGAINST_CORPORATIONS" -A "\c" \ - -- "CHAPTER 6-4 PROCEEDING AGAINST CORPORATIONS" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Municipal courts, 11 O.S. -§ 27-101 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-1_COURT_PROCEDURE" -A "\c" \ - -- "CHAPTER 6-1 COURT PROCEDURE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-101_Definitions" -A "\c" \ - -- "Sec 6-101 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-102_Purpose" -A "\c" \ - -- "Sec 6-102 Purpose" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-103_Jurisdiction" -A "\c" \ - -- "Sec 6-103 Jurisdiction" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-104_Change_Of_Venue;_Disqualification_Of_Judge" -A "\c" \ - -- "Sec 6-104 Change Of Venue; Disqualification Of Judge" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-105_Chief_Of_Police_As_Principal_Officer_Of_Court" -A "\c" \ - -- "Sec 6-105 Chief Of Police As Principal Officer Of Court" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-106_Clerk_Of_Court;_Duties" -A "\c" \ - -- "Sec 6-106 Clerk Of Court; Duties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-107_City_Attorney,_Powers_And_Duties" -A "\c" \ - -- "Sec 6-107 City Attorney, Powers And Duties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-108_Bond" -A "\c" \ - -- "Sec 6-108 Bond" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-109_Authority_Of_Judge_To_Prescribe_Rules" -A "\c" \ - -- "Sec 6-109 Authority Of Judge To Prescribe Rules" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-110_Traffic_Violations_Bureau_Created;_Payment_Of_Fines,_Fines_In_Lieu_Of_Appearance" -A "\c" \ - -- "Sec 6-110 Traffic Violations Bureau Created; Payment Of Fines, Fines In Lieu Of Appearance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-111_Designation_Of_Fines,_Traffic_Violations_Bureau" -A "\c" \ - -- "Sec 6-111 Designation Of Fines, Traffic Violations Bureau" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-112_Prosecutions;_Filing_Of_Complaint;_Fees,_Defects_Raised_Prior_To_Trial" -A "\c" \ - -- "Sec 6-112 Prosecutions; Filing Of Complaint; Fees, Defects Raised Prior To Trial" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-113_Ordinance_Violations;_Procedures_For_Issuing_Citation;_Custody,_Arrest" -A "\c" \ - -- "Sec 6-113 Ordinance Violations; Procedures For Issuing Citation; Custody, Arrest" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-114_Traffic_Bail_Bond_Act" -A "\c" \ - -- "Sec 6-114 Traffic Bail Bond Act" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-115_Issuance_Of_Summons;_Failure_To_Appear" -A "\c" \ - -- "Sec 6-115 Issuance Of Summons; Failure To Appear" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-116_Failure_To_Appear_According_To_Terms_Of_Bond,_Bond_Forfeiture,_Bench_Warrant" -A "\c" \ - -- "Sec 6-116 Failure To Appear According To Terms Of Bond, Bond Forfeiture, Bench Warrant" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-117_Complainant,_Witnesses,_Failure_To_Appear" -A "\c" \ - -- "Sec 6-117 Complainant, Witnesses, Failure To Appear" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-118_Arrests,_Release_By_Signing_Citation;_Bail;_Amount_And_Conditions,_Temporary_Cash_Bond" -A "\c" \ - -- "Sec 6-118 Arrests, Release By Signing Citation; Bail; Amount And Conditions, Temporary Cash Bond" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-119_Procedures_For_Bail_Or_Bond_Schedule" -A "\c" \ - -- "Sec 6-119 Procedures For Bail Or Bond Schedule" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-120_Arraignment" -A "\c" \ - -- "Sec 6-120 Arraignment" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-121_Postponement_Of_Trial" -A "\c" \ - -- "Sec 6-121 Postponement Of Trial" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-122_Defendant's_Presence_Required_At_Trial" -A "\c" \ - -- "Sec 6-122 Defendant\[aq]s Presence Required At Trial" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-123_Procedure_For_Trials_Not_Within_Scope_Of_Chapter" -A "\c" \ - -- "Sec 6-123 Procedure For Trials Not Within Scope Of Chapter" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-124_Judgment" -A "\c" \ - -- "Sec 6-124 Judgment" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-125_Judgment_Of_Imprisonment" -A "\c" \ - -- "Sec 6-125 Judgment Of Imprisonment" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-126_Suspension_Or_Deferment_Of_Judgment,_Powers" -A "\c" \ - -- "Sec 6-126 Suspension Or Deferment Of Judgment, Powers" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-127_Payment_Of_Costs_By_Defendant" -A "\c" \ - -- "Sec 6-127 Payment Of Costs By Defendant" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-128_Witness_Fees" -A "\c" \ - -- "Sec 6-128 Witness Fees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-129_Enforcement_Of_Fines_And_Costs,_Imprisonment,_Work_And_Community_Service" -A "\c" \ - -- "Sec 6-129 Enforcement Of Fines And Costs, Imprisonment, Work And Community Service" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-130_Same_Offense_Punishable_By_Different_Sections_Of_Code" -A "\c" \ - -- "Sec 6-130 Same Offense Punishable By Different Sections Of Code" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-131_Contempt_Of_Court" -A "\c" \ - -- "Sec 6-131 Contempt Of Court" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-132_Juvenile_Traffic_Offenses" -A "\c" \ - -- "Sec 6-132 Juvenile Traffic Offenses" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-133_Penalty_Assessments" -A "\c" \ - -- "Sec 6-133 Penalty Assessments" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-134_Fines_Recoverable_By_Civil_Action;_Failure_To_Pay_Separate_Offense,_Imprisonment" -A "\c" \ - -- "Sec 6-134 Fines Recoverable By Civil Action; Failure To Pay Separate Offense, Imprisonment" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-101_Definitions" -A "\c" \ - -- "Sec 6-101 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Chief of police\f[R] means the peace officer in charge of the -police force of the city. -.PP -\f[I]Clerk\f[R] means the court clerk as appointed by the city manager, -including any deputy or member of the office staff of the clerk while -performing duties of the clerk\[aq]s office. -.PP -\f[I]Court\f[R] means the municipal criminal court of the city. -.PP -\f[I]Judge\f[R] means the judge of the municipal criminal court, -including any acting judge or alternate judge thereof as provided for by -the statutes of the state and this chapter. -.PP -\f[I]This judicial district\f[R] means the district court judicial -district of the state wherein the government of the city is situated. -.PP -(Prior Code, § 15-2; Code 1999, § 6-101) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-102_Purpose" -A "\c" \ - -- "Sec 6-102 Purpose" -\& -.LP -This chapter shall govern the organization and operation of the -municipal criminal court of the city, as put into operation by -resolution duly passed on January 6, 1969, and filed in accordance with -law, as authorized by state statutes. -To the extent of conflict between any provisions of this chapter and the -provisions of any other ordinance of the city, the provisions of this -chapter shall control. -.PP -(Prior Code, § 15-1; Code 1999, § 6-102) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-103_Jurisdiction" -A "\c" \ - -- "Sec 6-103 Jurisdiction" -\& -.LP -The court shall exercise original jurisdiction to hear and determine all -prosecutions wherein a violation of any ordinance of the city is -charged. -.PP -(Prior Code, § 15-1; Code 1999, § 6-103) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-103. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-104_Change_Of_Venue;_Disqualification_Of_Judge" -A "\c" \ - -- "Sec 6-104 Change Of Venue; Disqualification Of Judge" -\& -.IP " 1." 4 -No change of venue shall be allowed from any municipal court, but the -judge of the municipal court may be disqualified under the same terms -and conditions as are now provided by law for courts of record. -.IP " 2." 4 -In the event of an ethical disqualification by a municipal judge, the -senior municipal judge may appoint, on a case-by-case basis, a sitting -municipal judge in another municipality within the same county or an -adjacent county to act as a special judge for the purposes of hearing -the case. -.LP -(Prior Code, § 15-15; Code 1999, § 6-104) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-105. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-105_Chief_Of_Police_As_Principal_Officer_Of_Court" -A "\c" \ - -- "Sec 6-105 Chief Of Police As Principal Officer Of Court" -\& -.LP -All writs or processes of the court shall be directed, in his official -title, to the chief of police, who shall be the principal officer of the -court. -.PP -(Prior Code, § 15-19; Code 1999, § 6-105) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-110. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-106_Clerk_Of_Court;_Duties" -A "\c" \ - -- "Sec 6-106 Clerk Of Court; Duties" -\& -.IP " 1." 4 -The clerk or a deputy designated by him shall be the clerk of the court. -.IP " 2." 4 -The clerk shall: -.RS 4 -.IP " 1." 4 -Assist the judge in recording the proceedings of the court and in -preparing writs, processes and other papers; -.IP " 2." 4 -Administer oaths required in proceedings before the court; -.IP " 3." 4 -Enter all pleadings, processes and proceedings in the dockets of the -courts; -.IP " 4." 4 -Perform such other clerical duties relating to the proceedings of the -court as the judge shall direct; and -.IP " 5." 4 -Receive any receipt for forfeitures, fees, deposits and sums of money -payable to the court and as may be established by the court or the city -council. -.RE -.IP " 3." 4 -The clerk shall pay to the clerk of the city all money so received by -him, except such special deposits or fees as shall be received to be -disbursed by him for special purposes. -All money paid to the clerk shall be placed in the general fund of the -city, or in such other fund as the council may direct. -.LP -(Prior Code, § 15-16; Code 1999, § 6-106) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-109. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-107_City_Attorney,_Powers_And_Duties" -A "\c" \ - -- "Sec 6-107 City Attorney, Powers And Duties" -\& -.LP -The city attorney or his duly designated assistant may be the -prosecuting officer of the court. -He may prosecute, in his discretion, all alleged violations of the -ordinances of the city. -He shall be authorized, in his discretion, to prosecute and resist -appeals, proceedings in error and review from this court to any other -courts of the state, and to represent the city in all proceedings -arising out of matters in this court. -.PP -(Prior Code, § 15-18; Code 1999, § 6-107) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-108. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-108_Bond" -A "\c" \ - -- "Sec 6-108 Bond" -\& -.LP -The clerk of the court shall give bond in such sum as set by the -council, in the form provided by state law. -When executed, the bond shall be submitted to the council for approval. -When approved, it shall be filed with the clerk and retained in the -municipal archives. -.PP -(Prior Code, § 15-17; Code 1999, § 6-108) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-111. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-109_Authority_Of_Judge_To_Prescribe_Rules" -A "\c" \ - -- "Sec 6-109 Authority Of Judge To Prescribe Rules" -\& -.LP -The judge may prescribe rules, consistent with the laws of the state and -with the ordinances of the city, for the proper conduct of the business -of the court. -.PP -(Code 1999, § 6-109) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-114. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-110_Traffic_Violations_Bureau_Created;_Payment_Of_Fines,_Fines_In_Lieu_Of_Appearance" -A "\c" \ - -- "Sec 6-110 Traffic Violations Bureau Created; Payment Of Fines, Fines In Lieu Of Appearance" -\& -.IP " 1." 4 -A traffic violations bureau is established as a division of the office -of the clerk of the court, to be administered by the clerk or by -subordinates designated for that purpose. -Persons who are cited for violation of one of the following traffic -ordinances of the city, other than: -.RS 4 -.IP " 1." 4 -Driving while intoxicated or driving while impaired; -.IP " 2." 4 -Leaving the scene of an accident; -.IP " 3." 4 -Reckless driving; -.IP " 4." 4 -Violation of financial responsibility requirements; -.IP " 5." 4 -Driver\[aq]s license offenses (e.g., suspended, revoked, etc.); or -.IP " 6." 4 -Failure to obey citation; -may elect to pay a fine in the traffic violations bureau according to a -schedule of fines prescribed from time to time by the council. -The payment shall constitute a final determination of the cause against -the defendant. -.RE -.IP " 2." 4 -The court may adopt rules to carry into effect this section. -If a defendant who has elected to pay a fine under this section fails so -to do, prosecution shall proceed under the provisions of this chapter. -.LP -(Code 1999, § 6-110) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-111_Designation_Of_Fines,_Traffic_Violations_Bureau" -A "\c" \ - -- "Sec 6-111 Designation Of Fines, Traffic Violations Bureau" -\& -.LP -The city council shall designate by motion or resolution the specified -offenses for which payment of fines may be accepted by the traffic -violations bureau and shall specify by suitable schedules the amount of -such fines for first, second and subsequent offenses, and shall further -specify what number of such offenses shall require appearance before the -judge. -A copy of the fine schedule shall be kept on file in the office of the -court clerk. -.PP -(Code 1999, § 6-111) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-112_Prosecutions;_Filing_Of_Complaint;_Fees,_Defects_Raised_Prior_To_Trial" -A "\c" \ - -- "Sec 6-112 Prosecutions; Filing Of Complaint; Fees, Defects Raised Prior To Trial" -\& -.IP " 1." 4 -All prosecutions for violation of ordinances of this city shall be -styled \[dq]The City of Moore, Oklahoma vs. -(naming defendant or defendants).\[dq] Except as provided hereinafter, -prosecutions shall be initiated by the filing of a written complaint, -subscribed and verified by the person making the complaint, and setting -forth concisely the offense charged. -.IP " 2." 4 -Any person, except a police officer or other employee of the city, -filing a criminal offense complaint in the municipal court shall deposit -with the clerk of the court, unless waived by order of the court, the -court cost fee as provided in this chapter. -The court costs so deposited by such a complainant shall be refunded to -the complainant or person depositing same upon conviction or acquittal -of the defendant; the court costs shall not be refunded if the charges -are dismissed at the request of the complainant who made the deposit or -because the complainant fails or refuses to appear in court to testify -or aid in the prosecution of the charge filed by such complainant. -.IP " 3." 4 -All defects in the form or substance apparent on the face of a complaint -charging a violation of an ordinance of the city, and being grounds for -motion or demur, may only be raised by an accused in writing and prior -to trial. -.IP " 4." 4 -A complaint may be amended in matter of substance or form at any time -before the defendant pleads, without leave, and may be amended after -plea or order of the court where the same can be done without material -prejudice to the rights of the defendant. -No amendment shall cause any delay of the trial, unless good cause is -shown by affidavit. -.LP -(Prior Code, §§ 15-20, 15-21; Code 1999, § 6-112) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-115. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-113_Ordinance_Violations;_Procedures_For_Issuing_Citation;_Custody,_Arrest" -A "\c" \ - -- "Sec 6-113 Ordinance Violations; Procedures For Issuing Citation; Custody, Arrest" -\& -.IP " 1." 4 -If a resident of the city is arrested by a law enforcement officer for -the violation of any traffic ordinance for which other provisions of -this chapter do not apply, or is arrested for the violation of a -nontraffic ordinance, the officer shall immediately release the person -if the person acknowledges receipt of a citation by signing it. -However, the arresting officer need not release the person if it -reasonably appears to the officer that the person may cause injury to -himself or others or damage to property if released, that the person -will not appear in response to the citation, or the person is arrested -for an offense against a person or property. -If the person fails to appear in response to the citation, a warrant -shall be issued for his arrest and his appearance shall be compelled. -.IP " 2." 4 -If the arrested resident is not released by being permitted to sign a -citation as provided in this section, he shall be admitted to bail -either before or after arraignment, or shall be released on personal -recognizance. -.IP " 3." 4 -If a nonresident of the city is arrested by a law enforcement officer -for a violation of any ordinance for which section 6-114 does not apply, -the defendant shall be eligible to be admitted to bail either before or -after arraignment. -.IP " 4." 4 -If the alleged offense is a violation of an ordinance restricting or -regulating the parking of vehicles, including any regulations issued -under such an ordinance, and the operator is not present, the police -officer shall place on the vehicle, at a place reasonably likely to come -to the notice of the operator, a citation conforming substantially to -that prescribed in this section, with such variation as the -circumstances require, the operator of this vehicle shall be under the -same obligation to respond to the citation as if it had been issued to -him personally under subsection (A) of this section. -.LP -(Code 1999, § 6-113) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-117. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-114_Traffic_Bail_Bond_Act" -A "\c" \ - -- "Sec 6-114 Traffic Bail Bond Act" -\& -.LP -If a resident or nonresident of a municipality having a municipal court -is arrested by a law enforcement officer solely for a misdemeanor -violation of a traffic ordinance, other than an ordinance pertaining to -a parking or standing traffic violation, and the arrested person is -eligible to sign a written promise to appear and be released upon -personal recognizance as provided for in 22 O.S. -§ 1115, then the procedures provided for in the State and Municipal -Traffic Bail Bond Procedure Act (22 O.S. -§ 1115 et seq.) -as applied to municipalities, shall govern. -A municipality, by ordinance, may prescribe a bail bond schedule for -this purpose and may provide for bail to be used as payment of the fine -and costs upon a plea of guilty or nolo contendere, as provided for in -22 O.S. -§ 1115.1. -Absent such ordinance, the municipal court may prescribe a bail bond -schedule for traffic offenses. -The amount of bail shall not exceed the maximum fine and costs provided -by ordinance for each offense, unless the defendant has a previous -history of failing to appear according to the terms or conditions of a -bond, in which case the amount of bail shall not exceed $1,000.00. -.PP -(Code 1999, § 6-114) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-117.1. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-115_Issuance_Of_Summons;_Failure_To_Appear" -A "\c" \ - -- "Sec 6-115 Issuance Of Summons; Failure To Appear" -\& -.IP " 1." 4 -Upon the filing of a complaint charging violation of an ordinance, the -judge, unless he determines to issue a warrant of arrest, or unless the -defendant previously has been issued a citation or has been arrested and -has given bond for appearance, shall issue a summons, naming the person -charged, specifying his address or place of residence, if known, stating -the offense with which he is charged and giving him notice to answer the -charge in the court on a day certain, containing a provision for the -official return of the summons, and including such other pertinent -information as may be necessary. -.IP " 2." 4 -The summons shall be served by delivering a copy to the defendant -personally or by certified mail. -If he fails to appear and to answer the summons within the prescribed -period, a warrant shall be issued for his arrest, as provided by this -chapter. -.IP " 3." 4 -Any person who has been duly served with a summons or traffic citation -and who has signed a written promise to appear in court as directed in -the summons or the citation or as subsequently directed by the court, -and who fails to appear pursuant to his written promise or as directed -by the court, shall be deemed guilty of an offense, which shall be -punishable as provided in section 1-108. -.LP -(Prior Code, § 15-22; Code 1999, § 6-115) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-116_Failure_To_Appear_According_To_Terms_Of_Bond,_Bond_Forfeiture,_Bench_Warrant" -A "\c" \ - -- "Sec 6-116 Failure To Appear According To Terms Of Bond, Bond Forfeiture, Bench Warrant" -\& -.IP " 1." 4 -If, without sufficient excuse, a defendant fails to appear according to -the terms or conditions of his bond, either for hearing, arraignment, -trial or judgment, or upon any other occasion when his presence in court -or before the judge may be lawfully required or ordered, the judge may -direct that fact to be entered upon the court minutes, thereby declaring -the bond to be forfeited. -The judge may also order a bench warrant to be issued for the defendant -as provided in this chapter. -.IP " 2." 4 -The judge, without advancing court costs, may also cause the forfeiture -to be certified to the district court of the county, where it shall be -entered upon the judgment docket and shall have the full force and -effect of a district court judgment. -At such time as the forfeiture is entered upon the district court -judgment docket, the district court clerk shall proceed in accordance -with the provisions of 59 O.S. -§§ 1330, 1332, 1333 and 1335, and a surety shall have all remedies -available under the provisions of 22 O.S. -§ 1108 and 59 O.S. -§§ 1301 through 1340. -.IP " 3." 4 -Court costs shall be collectible from the proceeds of the bond. -.LP -(Code 1999, § 6-116) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-118. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-117_Complainant,_Witnesses,_Failure_To_Appear" -A "\c" \ - -- "Sec 6-117 Complainant, Witnesses, Failure To Appear" -\& -.LP -No person, having signed a complaint in the municipal court of the city -alleging the violation of an ordinance or any other person in response -to an order of the court, shall fail, refuse or neglect to appear for -the purpose of testifying as a witness at the trial of the case, after -having been notified of the time, date and place at which the case is -set for trial. -.PP -(Code 1999, § 6-117) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-118_Arrests,_Release_By_Signing_Citation;_Bail;_Amount_And_Conditions,_Temporary_Cash_Bond" -A "\c" \ - -- "Sec 6-118 Arrests, Release By Signing Citation; Bail; Amount And Conditions, Temporary Cash Bond" -\& -.IP " 1." 4 -If a resident of the city is arrested by a law enforcement officer for -the violation of any traffic ordinance for which 11 O.S. -§ 27-117.1 does not apply, or is arrested for the violation of a -nontraffic ordinance, the officer shall immediately release said person -if the person acknowledges receipt of a citation by signing it; -provided, however, the arresting officer need not release said person if -it reasonably appears to the officer that the person may cause injury to -himself or others or damage to property if released, that the person -will not appear in response to the citation, or the person is arrested -for an offense against a person or property. -If said person fails to appear in response to the citation, a warrant -shall be issued for his arrest and his appearance shall be compelled. -If the arrested resident is not released by being permitted to sign a -citation as provided for in this subsection, he shall be admitted to -bail either before or after arraignment, or shall be released on -personal recognizance. -A municipality may prescribe a fine for up to the maximum amount -authorized by courts not of record for failure of a person to have a -valid driver\[aq]s license when charged with a traffic violation. -.IP " 2." 4 -If a nonresident of the city is arrested by a law enforcement officer -for a violation of any ordinance for which 11 O.S. -§ 27-117.1 does not apply, the defendant shall be eligible to be -admitted to bail either before or after arraignment. -.IP " 3." 4 -The amount and conditions of bail granted pursuant to the provisions of -subsections (A) and (B) of this section shall be determined by the judge -who shall prescribe rules for the receipt of bail and for the release on -personal recognizance. -The amount of bail for each offense shall not exceed the maximum fine -plus court costs, unless the defendant has a previous history of failing -to appear according to the terms or conditions of a bond, in which case -the amount of bail shall not exceed $1,000.00. -In the event of arrests at night, emergencies, or when the judge is not -available, a court official, the chief of police or his designated -representative may be authorized by the judge, subject to such -conditions as shall be prescribed by the judge, to accept a temporary -cash bond in a sufficient amount to secure the appearance of the -accused. -The cash bond shall not exceed the maximum fine provided for by -ordinance for each offense charged, unless the defendant has a previous -history of failing to appear according to the terms or conditions of a -bond, in which case the amount of the cash bond shall not exceed -$1,000.00. -The court official, chief of police or his designated representative is -authorized, subject to such conditions as shall be prescribed by the -judge, to release a resident of the city on personal recognizance. -.LP -(Prior Code, § 15-23; Code 1999, § 6-118) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-117. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-119_Procedures_For_Bail_Or_Bond_Schedule" -A "\c" \ - -- "Sec 6-119 Procedures For Bail Or Bond Schedule" -\& -.IP " 1." 4 -Upon arrest, or upon appearance without arrest in response to citation -or summons, or at any time before trial, before or after arraignment, -the defendant may be eligible to be released upon giving bail for his -appearance in an amount and upon conditions fixed by this chapter or the -judge, who shall prescribe appropriate rules of court for the receipt of -bail and release of the defendant. -In case of arrests made at night or under other conditions of emergency -or when the judge is not available, the rules shall authorize the chief -of police, or his designated representative, to accept a temporary bond, -in the form of cash, money order, credit card, or surety bond by a -licensed bondsman, of not less than $10.00 nor more than the maximum -monetary penalty provided by ordinance for the offense charged. -The judge or police chief is authorized, subject to conditions as may be -prescribed by the judge, to release a resident of the city on personal -recognizance. -.IP " 2." 4 -The city\[aq]s bail bond schedule setting forth specific offenses and -bail bond amounts and procedures therefor, as amended from time to time, -is hereby adopted and incorporated herein by reference. -.LP -(Prior Code, § 15-24; Code 1999, § 6-119; Ord. -No. -408(03), 5-5-2003; Ord. -No. -513(05), 8-15-2005) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-120_Arraignment" -A "\c" \ - -- "Sec 6-120 Arraignment" -\& -.LP -Upon making his appearance before the court, the defendant shall be -arraigned. -The judge, or the city attorney, shall read the complaint to the -defendant, inform him of his legal rights, including the right of trial -by jury, if available, and of the consequences of conviction, and ask -him whether he pleads guilty or not guilty. -If the defendant pleads guilty, the court may proceed to judgment and -sentence or may continue the matter for subsequent disposition. -If the plea is not guilty, and the case is not for jury trial, the court -may proceed to try the case, or may set it for hearing at a later date. -.PP -(Prior Code, § 15-25; Code 1999, § 6-120) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-121_Postponement_Of_Trial" -A "\c" \ - -- "Sec 6-121 Postponement Of Trial" -\& -.LP -Before trial commences, either party, upon good cause shown, may obtain -a reasonable postponement thereof. -If the continuance of any matter is by motion or request of the -defendant, a fee as established by the fee schedule shall be added, -unless waived by the court, to the court costs authorized by section -6-127. -.PP -(Prior Code, § 15-26; Code 1999, § 6-121) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325950_Ordinance%20No.%20794%20(15).pdf" -A "\c" \ - -- "794(15)" -\& on 7/6/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-122_Defendant's_Presence_Required_At_Trial" -A "\c" \ - -- "Sec 6-122 Defendant\[aq]s Presence Required At Trial" -\& -.LP -The defendant must be present in person at the trial of his case in -court. -.PP -(Prior Code, § 15-27; Code 1999, § 6-122) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-123_Procedure_For_Trials_Not_Within_Scope_Of_Chapter" -A "\c" \ - -- "Sec 6-123 Procedure For Trials Not Within Scope Of Chapter" -\& -.LP -Except as otherwise provided for by law, the code of procedure in the -municipal court shall be the same as is provided for by law for the -trial of misdemeanors. -The court shall take judicial notice of state statutes and the -ordinances of the city in which it is located. -Writs and processes of the court may be issued by the judge or clerk -thereof to any proper officer. -All writs and processes of the municipal court in which a violation of a -municipal ordinance is charged shall be directed to the chief of police, -a county sheriff, or to some other appropriate peace officer. -A law enforcement officer of the city or county sheriff may serve an -arrest warrant issued by the municipal court any place within the state. -If the warrant is served by a county sheriff, the city shall pay the -sheriff\[aq]s service fee account a fee of $20.00. -.PP -(Prior Code, § 15-28; Code 1999, § 6-123) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-113. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-124_Judgment" -A "\c" \ - -- "Sec 6-124 Judgment" -\& -.LP -At the close of trial, judgment must be rendered without undue delay by -the judge, who shall cause it to be entered in his docket. -.IP " 1." 4 -If judgment is of acquittal, and the defendant is not to be detained for -any other legal cause, he must be discharged at once; -.IP " 2." 4 -If the defendant pleads guilty or is convicted after trial, the court -must render judgment thereon, fixing the penalty within the limits -prescribed by the applicable ordinance and imposing sentence -accordingly; and -.IP " 3." 4 -A judgment that the defendant pay a fine may direct also that he be -imprisoned until the fine is satisfied, as provided in section 6-128. -.LP -(Prior Code, §§ 15-30\[em]15-33; Code 1999, § 6-124) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-125_Judgment_Of_Imprisonment" -A "\c" \ - -- "Sec 6-125 Judgment Of Imprisonment" -\& -.LP -If, after conviction, judgment of imprisonment is entered, a copy -thereof, certified by the clerk, shall be delivered to the chief of -police, the sheriff of the county, or other appropriate officer. -Such copy shall be sufficient warrant for execution of the sentence. -.PP -(Prior Code, § 15-34; Code 1999, § 6-125) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-126_Suspension_Or_Deferment_Of_Judgment,_Powers" -A "\c" \ - -- "Sec 6-126 Suspension Or Deferment Of Judgment, Powers" -\& -.IP " 1." 4 -The judge of the court in imposing a judgment and sentence, at his -discretion, is empowered to modify, reduce or suspend or defer the -imposition of such sentence or any part thereof and to authorize the -person to be released upon his own recognizance for a period not to -exceed six months from the date of the sentence, under such terms or -conditions as the judge may specify. -The judge may, with the consent of the defendant, defer further -proceedings, after a verdict, finding or plea of guilty, but before -passing a judgment of guilt and imposing a fine, and place the defendant -on probation for a period not to exceed six months, under such terms and -conditions as prescribed by the court, which may include, but not be -limited to, work on the streets, parks or other city-owned or maintained -projects, with proper supervision. -.IP " 2." 4 -A defendant is not entitled to a deferred sentence if the defendant has -been previously convicted of a felony. -.IP " 3." 4 -Upon a finding of the court that the conditions of release have been -violated, the municipal judge may enter a judgment of guilty and may -cause a warrant to be issued for the defendant. -.IP " 4." 4 -Upon the issuance of the warrant or judgment of guilty being entered, -the person shall be delivered forthwith to the place of confinement to -which he is sentenced and shall serve out the full term or pay the full -fine for which he was originally sentenced as may be directed by the -judge. -.IP " 5." 4 -The judge may continue or delay imposing a judgment and sentence for a -period of time not to exceed six months from the date of the sentence. -At the expiration of such period, the judge may allow the city attorney -to amend the charge to a lesser offense. -.IP " 6." 4 -If a deferred sentence is imposed, an administrative fee or fee in lieu -of a fine of up to $200.00 for traffic offenses involving speeding or -parking violations, up to $500.00 for all other violations, and up to -$800.00 for drug and alcohol violations, may be imposed as costs in the -case. -The court may make payment of the fee a condition of granting or -continuing the imposition of a sentence, if the defendant is able to -pay. -.IP " 7." 4 -The court may also require restitution and in the event there was damage -done to public or private property during the commission of the offense, -the court may require the defendant to repair or replace such damaged -property as a condition to a deferred sentence as may be directed by the -court. -.LP -(Prior Code, §§ 15-35, 15-36; Code 1999, § 6-126; Ord. -No. -459, 8-1-1988; Ord. -No. -481(04), 10-18-2004; Ord. -No. -553(06), 9-5-2006) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-123. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-127_Payment_Of_Costs_By_Defendant" -A "\c" \ - -- "Sec 6-127 Payment Of Costs By Defendant" -\& -.IP " 1." 4 -If judgment of conviction is entered, after the conclusion of a trial or -by plea of guilty or nolo contendere in open court before the municipal -judge, the clerk of the court shall tax the costs to the defendant in -the maximum sum permitted by state law, plus the fees and mileage of -jurors and witnesses, plus a technology fee, plus a fee for the filing -of an expungement order, continuance fees, all of which the defendant -shall pay, in addition to any fine may which be imposed. -.IP " 2." 4 -Except as otherwise provided in this section, the municipal attorney may -ask the court to require a person confined in a city or county jail, for -any offense, to pay the jail facility the costs of incarceration, both -before and after conviction, upon conviction or receiving a deferred -sentence. -The costs of incarceration shall be collected by the clerk of the court. -Costs of incarceration shall include booking, receiving and processing -out, housing, food, clothing, medical care, dental care, and psychiatric -services. -The costs of incarceration shall be an amount equal to the actual cost -of the services and shall be determined by the chief of police for city -jails, or by contract amount, if applicable. -The cost of incarceration shall be paid to the municipality, county or -other public entity responsible for the operation of all jail facilities -where the person is held before and after conviction. -The costs shall not be assessed if the defendant is a mentally ill -person as defined by 43A O.S. -§ 1-103. -Ten percent of any amount collected shall be paid to the municipal -attorney\[aq]s office, the remaining amount shall be paid to the -municipality, the sheriff\[aq]s service fee account, if the sheriff does -not operate the jail facility, the remaining amount shall be deposited -with the public entity responsible for the operation of the jail -facility where the person is held. -.IP " 3." 4 -Any offender injured during the commission of a felony or misdemeanor -offense shall be required to reimburse the sheriff, municipality or -other public entity responsible for the operation of the jail, the full -amount paid by the sheriff, municipality or other public entity -responsible for the operation of the jail for any medical care or -treatment administered to such offender during any period of -incarceration or preceding incarceration in that jail facility. -The sheriff, municipality or other public entity responsible for the -operation of the jail may deduct the costs of medical care and treatment -resulting from the commission of a felony or misdemeanor offense from -any money collected from such inmate\[aq]s jail account as authorized by -19 O.S. -§ 531. -If the funds collected from the inmate\[aq]s jail account are -insufficient to satisfy the actual medical costs paid as a result of the -commission of a felony or misdemeanor offense, the court shall order the -remaining balance of the medical care treatment to be paid. -.LP -(Prior Code, § 15-37; Code 1999, § 6-127; Ord. -No. -467, 10-17-1988; Ord. -No. -274(00), 2-22-2000; Ord. -No. -409(03), 5-19-2003; Ord. -No. -564(06), 10-16-2006) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326001_Ordinance%20No.%20795%20(15).pdf" -A "\c" \ - -- "795(15)" -\& on 7/6/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-128_Witness_Fees" -A "\c" \ - -- "Sec 6-128 Witness Fees" -\& -.IP " 1." 4 -Witnesses in any proceeding in the court, other than police or peace -officers who shall be employed by the city, shall be entitled to a -witness fee as established by the city council by motion or resolution -per each day of attendance, plus mileage per mile actually and -necessarily traveled in going to and returning from the place of -attendance, if the residence is more than ten miles distant from the -place of trial. -No witness, however, shall receive fees or mileage in more than one case -for the same period of time or for the same travel. -A defendant seeking to subpoena witnesses must deposit with the court -clerk a sum sufficient to cover fees and mileage for one day of -attendance for each witness to be summoned, but such deposit shall not -be required from an indigent defendant who files an affidavit setting -forth: -.RS 4 -.IP " 1." 4 -The names of no more witnesses than the municipal judge for the city -shall determine to be just, necessary and reasonable for the proper -defense of such indigent\[aq]s case; -.IP " 2." 4 -That the defendant by reason of his poverty is unable to provide the -fees and mileage allowed by law; -.IP " 3." 4 -That the testimony of such witness is material; and -.IP " 4." 4 -That the attendance at the trial is necessary to his proper defense. -.RE -.IP " 2." 4 -In any case where an indigent defendant has properly filled out and -filed with the city an affidavit setting forth the above-mentioned -information, the fees for such witnesses shall be paid for by the city. -.LP -(Prior Code, § 15-29; Code 1999, § 6-128) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-129_Enforcement_Of_Fines_And_Costs,_Imprisonment,_Work_And_Community_Service" -A "\c" \ - -- "Sec 6-129 Enforcement Of Fines And Costs, Imprisonment, Work And Community Service" -\& -.IP " 1." 4 -If a defendant who is financially able refuses or neglects to pay a fine -or costs, or both, payment may be enforced: -.RS 4 -.IP " 1." 4 -By imprisonment until the same shall be satisfied at the rate of $25.00 -per day; -.IP " 2." 4 -The amount established by state law; or -.IP " 3." 4 -In the same manner as is prescribed in subsection (B) of this section -for a defendant who is without means to make such payment. -.RE -.IP " 2." 4 -If the defendant is without means to pay the fine or costs, the -municipal judge may direct the total amount due to be entered upon the -court minutes and to be certified to the district court in the county -where the situs of the municipal government is located, where it shall -be entered upon the district court judgment docket and shall have the -full force and effect of a district court judgment. -The same remedies shall be available for the enforcement of the judgment -as are available to any other judgment creditor. -.IP " 3." 4 -All defendants, upon conviction or on plea of guilty, may work on -community projects, the public streets, avenues or ways, public -buildings or other public premises or property as may be ordered by the -judge. -For such work, the defendant shall be credited toward any fine or costs -or witness or juror fees or mileage until the same are satisfied. -.IP " 4." 4 -The city shall direct where the work shall be performed. -The appropriate officer shall oversee the work. -If a guard is necessary, the chief of police shall make provision -therefor. -.LP -(Code 1999, § 6-129) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-122. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-130_Same_Offense_Punishable_By_Different_Sections_Of_Code" -A "\c" \ - -- "Sec 6-130 Same Offense Punishable By Different Sections Of Code" -\& -.LP -In all cases where the same offense is made punishable or is created by -different sections of this Code, the city attorney may elect under which -to proceed, but not more than one recovery shall be had against the same -person for the same offense. -.PP -(Code 1999, § 6-130) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-131_Contempt_Of_Court" -A "\c" \ - -- "Sec 6-131 Contempt Of Court" -\& -.LP -Obedience to the orders, rules and judgments made by the court may be -enforced by the judge, who may fine or imprison for contempt committed -as to him while holding court, or committed against process issued by -him, in the same manner and to the same extent as the district courts of -the state. -.PP -(Prior Code, § 15-38; Code 1999, § 6-131) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-132_Juvenile_Traffic_Offenses" -A "\c" \ - -- "Sec 6-132 Juvenile Traffic Offenses" -\& -.IP " 1." 4 -The municipal court of the city shall have the power to try minors for -violation of all ordinances pertaining to traffic matters and as -otherwise set forth by state law. -.IP " 2." 4 -When the person charged with a municipal traffic violation is a minor, -the citing police officer shall ascertain from the minor the name and -address of his parent or legal guardian, and that officer shall cause a -copy of the violation or a letter containing the same information to be -mailed to the address of the parent or legal guardian, within three days -after the date of the violation. -.IP " 3." 4 -All actions against minors for violation of municipal traffic offenses -shall be heard and determined in the manner provided by law for the -trial of all other municipal traffic offenses and shall carry the same -penalty upon conviction, except no minor may be detained in any jail, -adult lockup, or other adult detention facility. -.IP " 4." 4 -For purposes of enforcing this section relation to traffic offenses -committed by minors, a minor shall be defined as a person between the -ages of 18 and 14 years of age, inclusive. -.LP -(Prior Code, § 15-4, in part; Code 1999, § 6-132) -.PP -\f[B]State Law reference\f[R]\[em] Juvenile jurisdiction, 10A O.S. -§ 2-2-103. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-133_Penalty_Assessments" -A "\c" \ - -- "Sec 6-133 Penalty Assessments" -\& -.IP " 1." 4 -Any person: -.RS 4 -.IP " 1." 4 -Convicted of an offense punishable by a fine of $10.00 or more or by -imprisonment, excluding parking and standing violations; or -.IP " 2." 4 -Forfeiting bond when charged with such an offense under subsection -(A)(1) of this section; -shall pay a sum as set by state law as a separate penalty assessment for -law enforcement training, and as a separate fingerprinting fee, which -shall be in addition to and not in substitution for any and all fines -and penalties and costs otherwise provided for such offense. -The court shall provide for separate bail for the assessments; however, -a defendant admitted to bail on an undertaking by a surety may include -the amount of the assessment in the undertaking. -.RE -.IP " 2." 4 -Upon conviction or bond forfeiture, the court shall collect the -assessment and deposit the monies for payment as required by state law. -.IP " 3." 4 -At the end of every quarter the city shall deposit with the state -treasury the funds deposited in the law enforcement training funds and -the A.F.I.S. -(automated fingerprint identification system) fund as required by law. -The court clerk shall also furnish to the state treasury reports -required on the funds collected and penalty assessments imposed each -quarter. -.IP " 4." 4 -For the purpose of this section, the term \[dq]conviction\[dq] means any -final adjudication of guilt, whether pursuant to a plea of guilty or -nolo contendere or otherwise, and any deferred or suspended sentence or -judgment. -.LP -(Prior Code, § 15-37.1; Code 1999, § 6-133; Ord. -No. -349, 12-19-1983) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-134_Fines_Recoverable_By_Civil_Action;_Failure_To_Pay_Separate_Offense,_Imprisonment" -A "\c" \ - -- "Sec 6-134 Fines Recoverable By Civil Action; Failure To Pay Separate Offense, Imprisonment" -\& -.IP " 1." 4 -All fines shall be recoverable by civil action before any court of -competent jurisdiction in addition to any other method provided by law. -.IP " 2." 4 -The failure to pay a fine levied pursuant to this Code shall constitute -a separate offense against the city, subject to a fine as provided in -section 1-108. -.IP " 3." 4 -If a fine is not paid by the defendant, the fine may be collected by -working in accordance with other provisions of this Code or state law. -.LP -(Code 1999, § 6-134) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-2_JUDGE" -A "\c" \ - -- "CHAPTER 6-2 JUDGE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-201_Created;_Qualifications" -A "\c" \ - -- "Sec 6-201 Created; Qualifications" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-202_Term_Of_Office" -A "\c" \ - -- "Sec 6-202 Term Of Office" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-203_Acting_Judge" -A "\c" \ - -- "Sec 6-203 Acting Judge" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-204_Appointment_Of_Judge,_Alternate_Judge" -A "\c" \ - -- "Sec 6-204 Appointment Of Judge, Alternate Judge" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-205_Compensation" -A "\c" \ - -- "Sec 6-205 Compensation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-206_Removal_Of_Judge_From_Office" -A "\c" \ - -- "Sec 6-206 Removal Of Judge From Office" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-207_Vacancy" -A "\c" \ - -- "Sec 6-207 Vacancy" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-208_Additional_Duties_Of_Judge,_Advice_To_Boards_And_Commissions" -A "\c" \ - -- "Sec 6-208 Additional Duties Of Judge, Advice To Boards And Commissions" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-201_Created;_Qualifications" -A "\c" \ - -- "Sec 6-201 Created; Qualifications" -\& -.LP -There shall be one judge of the court. -The judge shall be duly licensed to practice law in the state. -He need not reside within the city. -He may engage in the practice of law while serving as municipal judge. -He may serve as judge of other municipal courts if such service may be -accomplished consistently with his duties as judge of this court, with -the consent of the council. -.PP -(Prior Code, § 15-5; Code 1999, § 6-201) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-104. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-202_Term_Of_Office" -A "\c" \ - -- "Sec 6-202 Term Of Office" -\& -.LP -The official term of the judge shall be indefinite. -.PP -(Prior Code, § 15-7; Code 1999, § 6-202) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-104. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-203_Acting_Judge" -A "\c" \ - -- "Sec 6-203 Acting Judge" -\& -.LP -If at any time there is no judge duly appointed and qualified available -to sit as judge, a person possessing the qualifications required by this -chapter for the judge shall be appointed by the city manager as acting -judge. -The acting judge shall preside as acting judge over the court in the -disposition of pending matters until such time as a judge or alternate -judge shall be available. -.PP -(Prior Code, § 15-11; Code 1999, § 6-203) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-204_Appointment_Of_Judge,_Alternate_Judge" -A "\c" \ - -- "Sec 6-204 Appointment Of Judge, Alternate Judge" -\& -.IP " 1." 4 -Judges shall be appointed as provided in the city Charter. -.IP " 2." 4 -There may be appointed for each judge of the court an alternate judge -possessed of the same qualifications as the judge. -His appointment shall be for the same term and made in the same manner -as the judge. -He shall sit as judge of the court in any case if the judge is absent -from court, unable to act as judge, or disqualified from acting as judge -in the case. -.LP -(Prior Code, §§ 15-6, 15-11; Code 1999, § 6-204) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-205_Compensation" -A "\c" \ - -- "Sec 6-205 Compensation" -\& -.LP -A judge shall receive such salary as may be established and shall be -paid in the same manner as the salaries of other officials of the city. -.PP -(Code 1999, § 6-205) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-206_Removal_Of_Judge_From_Office" -A "\c" \ - -- "Sec 6-206 Removal Of Judge From Office" -\& -.IP " 1." 4 -Judges shall be subject to removal from office by the council for the -causes prescribed by the constitution and laws of the state for the -removal of public officers. -Proceedings for removal shall be instituted by the filing of a verified -written petition, setting forth facts sufficient to constitute one or -more legal grounds for removal. -Petitions may be signed and filed by the mayor, or 25 or more qualified -electors of the city. -In the latter event, verification may be executed by one or more of the -petitioners. -.IP " 2." 4 -The council shall set a date for hearing the matter and shall cause -notice thereof, together with a copy of the petition, to be served -personally upon the judge at least ten days before the hearing. -At the hearing, the judge shall be entitled to representation by -counsel, to present testimony and to cross examine the witnesses against -him, and to have all evidence against him presented in open hearing. -.IP " 3." 4 -So far as can be made applicable, the provisions of the Oklahoma -Administrative Procedure Act (75 O.S. -§ 250 et seq.) -governing individual proceedings shall govern removal proceedings -hereunder. -.IP " 4." 4 -Judgment of removal shall be entered only upon individual votes, by a -majority of all members of the council, in favor of such removal. -.LP -(Prior Code, § 15-13; Code 1999, § 6-206) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 27-104. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-207_Vacancy" -A "\c" \ - -- "Sec 6-207 Vacancy" -\& -.IP " 1." 4 -A vacancy in the office of judge shall occur if the incumbent: -.RS 4 -.IP " 1." 4 -Dies; -.IP " 2." 4 -Resigns; -.IP " 3." 4 -Ceases to possess the qualifications for the office; or -.IP " 4." 4 -Is removed, and the removal proceeding has been affirmed finally in -judicial proceedings or is no longer subject to judicial review. -.RE -.IP " 2." 4 -Upon the occurrence of a vacancy in the office of judge, the city -manager shall appoint a successor to complete the unexpired term, upon -the same procedure as an original appointment is made. -.LP -(Prior Code, § 15-14; Code 1999, § 6-207) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-208_Additional_Duties_Of_Judge,_Advice_To_Boards_And_Commissions" -A "\c" \ - -- "Sec 6-208 Additional Duties Of Judge, Advice To Boards And Commissions" -\& -.IP " 1." 4 -The judge is hereby given additional duties and responsibilities to -appear and advise all boards and commission on all procedural and other -legal matters that may come before the boards and commissions while the -boards and commissions are hearing contested appeals and conducting -adversary proceedings. -Such boards shall include, but not be limited to, the personnel board, -board of adjustment, planning and zoning commission, pre-determination -employment hearings, grievance hearings conducted by the personnel board -or by boards established in labor contracts with the city, and any other -contested hearings or adversary proceeding hearing for which the judge -is directed by the city council or the city manager to appear and -advise. -.IP " 2." 4 -The judge shall be paid extra compensation for the additional services -require by the terms of this section. -The judge shall submit a claim at the conclusion of each hearing for his -fee for the time devoted to such individual hearing. -.LP -(Code 1999, § 6-208; Ord. -No. -415, 10-20-1986) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-3_JURY_TRIALS" -A "\c" \ - -- "CHAPTER 6-3 JURY TRIALS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-301_Right_To_Trial_By_Jury,_Waiver" -A "\c" \ - -- "Sec 6-301 Right To Trial By Jury, Waiver" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-302_Selection_Of_Jurors" -A "\c" \ - -- "Sec 6-302 Selection Of Jurors" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-303_Summons_Of_Jurors;_Form;_Service" -A "\c" \ - -- "Sec 6-303 Summons Of Jurors; Form; Service" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-304_Composition_Of_Jury;_Duty_Of_Jurors" -A "\c" \ - -- "Sec 6-304 Composition Of Jury; Duty Of Jurors" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-305_Determination_Of_Questions_Of_Law" -A "\c" \ - -- "Sec 6-305 Determination Of Questions Of Law" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-306_Verdict" -A "\c" \ - -- "Sec 6-306 Verdict" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-307_Juror's_Fees" -A "\c" \ - -- "Sec 6-307 Juror\[aq]s Fees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-308_Cost_Bond_For_Jury_Trial" -A "\c" \ - -- "Sec 6-308 Cost Bond For Jury Trial" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-309_Misconduct_Of_Jurors_Generally" -A "\c" \ - -- "Sec 6-309 Misconduct Of Jurors Generally" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-310_Responsibility_Of_Officer_In_Charge_Of_Jury" -A "\c" \ - -- "Sec 6-310 Responsibility Of Officer In Charge Of Jury" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-301_Right_To_Trial_By_Jury,_Waiver" -A "\c" \ - -- "Sec 6-301 Right To Trial By Jury, Waiver" -\& -.IP " 1." 4 -In all prosecutions for violations of ordinances punishable by fine of -more than the amount specified under 11 O.S. -Section 27-119, or by imprisonment, or by both fine and imprisonment, -trial shall be by jury unless waived by the defendant. -If trial by jury is waived, trial shall be by the court. -.IP " 2." 4 -At arraignment, the defendant shall be asked whether he demands or -waives trial by jury. -His election shall be recorded in the minutes of the arraignment and -entered on the docket of the court respecting proceedings in the case. -.IP " 3." 4 -An election waiving jury trial, made at arraignment, may be changed by -the defendant at any time prior to the day for which trial by the court -is set. -An election demanding jury trial may be changed at any time prior to the -commencement of proceedings to impanel the jury for the trial; but if -that change occurs after the case has been set for jury trial, it may -not thereafter be rechanged so as again to demand trial by jury. -.LP -(Prior Code, §§ 15-51\[em]15-53; Code 1999, § 6-301; Ord. -No. -135(95), 11-6-1995) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 27 O.S. -§ 27-119. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785603_Ordinance%20969.21.pdf" -A "\c" \ - -- "969(21)" -\& on 3/15/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-302_Selection_Of_Jurors" -A "\c" \ - -- "Sec 6-302 Selection Of Jurors" -\& -.LP -Jurors in the municipal court shall be selected pursuant to this section -under the same terms and conditions as are provided for by law for the -district courts, or in the alternative, pursuant to 38 O.S. -§ 18.1. -Upon written request of the judge of the municipal court for a stated -number of jurors to the chief judge of the appropriate district court, -it shall be the duty of the clerk of the district court to draw from the -jury wheel a requested number of jurors in the same manner as is -provided by law for the district court until the number requested, who -from their addresses appear to reside within the corporate limits of the -city, is drawn, and to prepare a list of names drawn and certify such -list to the judge of the municipal court. -On completion of the draw, the clerk shall immediately return to the -jury wheel all names drawn which are not placed on the certified list. -The judge of the municipal court shall make written request to the chief -judge of the district court for a stated number of additional jurors if, -after allowance of claimed statutory exemptions, the listed number is -found to be insufficient. -Summons of the prospective jurors shall be issued as set out by -ordinance, and may be served in person by the chief of police or any -member of the police force of the city, or may be served by the clerk of -the municipal court by mail. -.PP -(Prior Code, § 15-54; Code 1999, § 6-302) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 27 O.S. -§ 27-120. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-303_Summons_Of_Jurors;_Form;_Service" -A "\c" \ - -- "Sec 6-303 Summons Of Jurors; Form; Service" -\& -.IP " 1." 4 -Upon receipt of the jury list, the clerk of the court shall cause a -summons substantially in the following form to be issued and served upon -each person on the list: -.br -.RS 4 -.PP -.na -.nr LLold \n[LL] -.TS -delim(@@) tab( ); -lw(23.3n) lw(23.3n) lw(23.3n). -T{ -.nr LL 23.3n -State of Oklahoma -.br -T} T{ -.nr LL 23.3n -) -T} T{ -.nr LL 23.3n -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -) -T} T{ -.nr LL 23.3n -ss. -T} -T{ -.nr LL 23.3n -County of Cleveland -.br -T} T{ -.nr LL 23.3n -) -T} T{ -.nr LL 23.3n -.br -T} -.TE -.nr LL \n[LLold] -.ad -To (name of juror) Greetings: You hereby are summoned to appear in the -Municipal Court for the City of Moore, Oklahoma, to be held at (specify -the address, room number, etc.) -on the ___ day of ________, ___, at the hour of (specify hour) to serve -as a juror in the Court, and to continue in such service until -discharged by the Court. -.br -Hereof fail not, under penalty of law. -.br -Issued under the authority of the Court, this ___ day of ________, 2___. -.br -______________________ -.br -Clerk of the Municipal Court of Moore, Oklahoma -.br -Seal of the Court -.RE -.IP " 2." 4 -Service shall be made, as the judge may prescribe by rule or direct by -order, either in person upon the juror by the marshal of the court or by -any member of the police force of the city, or the clerk of the court, -through certified mail, directed to the juror at his address as given in -the jury list, with request for a personally signed return receipt. -In any proceeding wherein service of summons by mail is in issue, -evidence of the due mailing of the summons by the clerk or a member of -his staff and the presentation of an official postal return receipt -purportedly signed by the addressee shall be prima facie evidence that -the summons was duly received by the addressee and, therefore, that he -was properly served therewith. -.LP -(Prior Code, § 15-55; Code 1999, § 6-303) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-304_Composition_Of_Jury;_Duty_Of_Jurors" -A "\c" \ - -- "Sec 6-304 Composition Of Jury; Duty Of Jurors" -\& -.IP " 1." 4 -A jury in the court shall consist of six jurors, good and lawful men or -women, citizens of the county possessing the qualifications of jurors in -district court. -.IP " 2." 4 -After the jurors are sworn, they must sit together and hear the proofs -and oral arguments of the parties, which must be delivered in public and -in the presence of the defendant. -.IP " 3." 4 -A verdict of the jury may be rendered by the vote of five jurors. -.LP -(Prior Code, §§ 15-56, 15-57, 15-60; Code 1999, § 6-304) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 27 O.S. -§ 27-119. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-305_Determination_Of_Questions_Of_Law" -A "\c" \ - -- "Sec 6-305 Determination Of Questions Of Law" -\& -.LP -In all actions tried before a jury, the judge shall determine all -questions of law, including questions as to the introduction of -evidence, arising during the trial. -He also shall instruct the jury as to the law. -.PP -(Prior Code, § 15-58; Code 1999, § 6-305) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-306_Verdict" -A "\c" \ - -- "Sec 6-306 Verdict" -\& -.IP " 1." 4 -The verdict of the jury, in all cases, must be general. -When the jury has arrived at its verdict, it must deliver the verdict in -the docket or cause it to be so entered. -.IP " 2." 4 -The jury must not be discharged after the cause is submitted to it until -a verdict is rendered unless the judge, for good cause, discharges it -sooner, in which event the court may proceed again to trial until a -verdict is rendered. -.LP -(Prior Code,§§ 15-59, 15-61; Code 1999, § 6-306) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-307_Juror's_Fees" -A "\c" \ - -- "Sec 6-307 Juror\[aq]s Fees" -\& -.LP -Jurors shall receive for their services the sum as set by the council -per day, plus mileage at a rate per mile for each mile necessarily -traveled by the most direct route in going to and from the court one -time each day from their respective places of residence. -The claims for such compensation shall show the location of the -juror\[aq]s residence and the route and miles traveled, and must be -verified as other claims against the city are verified. -.PP -(Prior Code, § 15-64; Code 1999, § 6-307) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-308_Cost_Bond_For_Jury_Trial" -A "\c" \ - -- "Sec 6-308 Cost Bond For Jury Trial" -\& -.LP -When an accused requests a jury trial in the municipal court, the court -may fix a reasonable sum as a cost bond and require the accused to -deposit the same prior to trial. -.PP -(Code 1999, § 6-308) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-309_Misconduct_Of_Jurors_Generally" -A "\c" \ - -- "Sec 6-309 Misconduct Of Jurors Generally" -\& -.IP " 1." 4 -No juror or person drawn or summoned as a juror in the municipal court -shall either make any promise or agreement to give a verdict for or -against the city, permit any communication to be made to him, or receive -any book, paper, instruments or information relative to any cause -pending before him, except in the regular course of proceedings and the -trial of the case. -.IP " 2." 4 -No juror summoned by the court shall ask, receive or agree to receive, -any bribe upon any understanding concerning his vote or decision upon -any case in which he may be selected as a juror in the court. -.IP " 3." 4 -No person shall attempt to influence a juror summoned to appear in the -court, or any person summoned as a juror, in respect to his verdict, -either by means of communication, oral or written, had by him, except in -the regular course of proceedings; by means of any books, paper or -instruments, exhibited otherwise than in the regular course of -proceedings, by any means of threat or intimidation; by means of any -assurance, promise of any pecuniary or other advantage, by publishing -any statement, argument, or observation relating to the case; or by -talking with such juror concerning the case in any way. -.LP -(Prior Code, § 15-62; Code 1999, § 6-309) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-310_Responsibility_Of_Officer_In_Charge_Of_Jury" -A "\c" \ - -- "Sec 6-310 Responsibility Of Officer In Charge Of Jury" -\& -.LP -No officer to whose charge any jury is committed by the municipal court -shall neglect or willfully permit such juror or any of them, either to -receive any communication from any person; to make any communication to -any person; to obtain or to receive any book, paper, or refreshment; or -to leave the jury room without leave of the court being first obtained. -.PP -(Prior Code, § 15-63; Code 1999, § 6-310) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-4_PROCEEDING_AGAINST_CORPORATIONS" -A "\c" \ - -- "CHAPTER 6-4 PROCEEDING AGAINST CORPORATIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-401_Summons;_Issuance_To_Corporations" -A "\c" \ - -- "Sec 6-401 Summons; Issuance To Corporations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-402_Form_Of_Corporation_Summons" -A "\c" \ - -- "Sec 6-402 Form Of Corporation Summons" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-403_Service_Of_Summons" -A "\c" \ - -- "Sec 6-403 Service Of Summons" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-404_Trial" -A "\c" \ - -- "Sec 6-404 Trial" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-405_Collection_Of_Fines" -A "\c" \ - -- "Sec 6-405 Collection Of Fines" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-401_Summons;_Issuance_To_Corporations" -A "\c" \ - -- "Sec 6-401 Summons; Issuance To Corporations" -\& -.LP -Upon complaint against a corporation being filed with the municipal -court, the judge shall issue a summons signed by him with his title of -office, requiring a duly authorized officer of the corporation to appear -before him at a specific time and place to answer the complaint. -The time for such appearance shall not be less than five days after -issuance of summons. -.PP -(Code 1999, § 6-401) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-402_Form_Of_Corporation_Summons" -A "\c" \ - -- "Sec 6-402 Form Of Corporation Summons" -\& -.LP -The summons authorized by section 6-401 must be in substantially the -following form: -.PP -In the name of the City of Moore, Oklahoma. -.PP -To ___________. -.PP -You are hereby summoned to appear before me at _____ (place) on _____ -(date and hour) to answer the complaint made against you upon the -complaint of _____ for the offense of _____ (designating offense -generally). -.PP -Dated at the City of Moore, Oklahoma, this _____. -.PP -______________ -.PP -Municipal Judge -.PP -(Code 1999, § 6-402) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-403_Service_Of_Summons" -A "\c" \ - -- "Sec 6-403 Service Of Summons" -\& -.LP -The summons authorized by section 6-401 must be served by certified -mail, personally delivering a copy to, or other means authorized by -state law on the registered agent of the corporation at least ten days -before the day of appearance fixed therein, and may also be served by -certified mail or other means to the president or head of the -corporation, or to the secretary, cashier or managing agent thereof. -.PP -(Code 1999, § 6-403) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-404_Trial" -A "\c" \ - -- "Sec 6-404 Trial" -\& -.LP -At the time appointed in the summons authorized by section 6-401, the -municipal judge shall try the complaint in the same manner as in the -case of a natural person brought before him. -.PP -(Code 1999, § 6-404) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-405_Collection_Of_Fines" -A "\c" \ - -- "Sec 6-405 Collection Of Fines" -\& -.LP -When a fine is imposed upon a corporation, upon conviction, it may be -collected by the municipal judge making a transcript of his proceedings -thereof, together with the judgment of the court duly certified and -filed with the clerk of the district court of the county. -Execution shall be issued thereon and served by the sheriff of the -county as in cases of execution generally. -.PP -(Code 1999, § 6-405) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_7_FINANCE_AND_TAXATION" -A "\c" \ - -- "PART 7 FINANCE AND TAXATION" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-1_FINANCES_GENERALLY" -A "\c" \ - -- "CHAPTER 7-1 FINANCES GENERALLY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-2_PURCHASES_BY_CITY" -A "\c" \ - -- "CHAPTER 7-2 PURCHASES BY CITY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-3_SALES_TAX" -A "\c" \ - -- "CHAPTER 7-3 SALES TAX" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-4_USE_TAX" -A "\c" \ - -- "CHAPTER 7-4 USE TAX" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-5_HOTEL_TAX" -A "\c" \ - -- "CHAPTER 7-5 HOTEL TAX" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-6_TELEPHONE_EXCHANGE_FEE" -A "\c" \ - -- "CHAPTER 7-6 TELEPHONE EXCHANGE FEE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-7_UTILITY_TAX" -A "\c" \ - -- "CHAPTER 7-7 UTILITY TAX" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-8_UNCLAIMED_PROPERTY" -A "\c" \ - -- "CHAPTER 7-8 UNCLAIMED PROPERTY" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-1_FINANCES_GENERALLY" -A "\c" \ - -- "CHAPTER 7-1 FINANCES GENERALLY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-101_Appropriation_Of_Monies" -A "\c" \ - -- "Sec 7-101 Appropriation Of Monies" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-102_Investments" -A "\c" \ - -- "Sec 7-102 Investments" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-103_Depositories_Designated,_Deposit_Of_Funds" -A "\c" \ - -- "Sec 7-103 Depositories Designated, Deposit Of Funds" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-104_Capital_Improvement_Fund" -A "\c" \ - -- "Sec 7-104 Capital Improvement Fund" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-105_Authorized_Signature_On_Checks_And_Warrants" -A "\c" \ - -- "Sec 7-105 Authorized Signature On Checks And Warrants" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-106_General_Fund_Reserve_Fund" -A "\c" \ - -- "Sec 7-106 General Fund Reserve Fund" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-101_Appropriation_Of_Monies" -A "\c" \ - -- "Sec 7-101 Appropriation Of Monies" -\& -.LP -All monies, however derived, belonging to the city shall only be -appropriated for such objects, and defraying such expenses as accrue or -necessarily arise in the exercise of powers granted by law, the Charter -and ordinances of the city. -No appropriation shall be made without an order to that effect entered -upon a proper book to be kept for that purpose by the city. -.PP -(Prior Code, § 2-196; Code 1999, § 7-101) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-102_Investments" -A "\c" \ - -- "Sec 7-102 Investments" -\& -.LP -The city treasurer or any other person authorized to invest public -monies shall invest the same in those investments authorized by the city -council or authorized by state law in a manner authorized by either or -both such council and statutes. -.PP -(Prior Code, § 2-198; Code 1999, § 7-102) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-103_Depositories_Designated,_Deposit_Of_Funds" -A "\c" \ - -- "Sec 7-103 Depositories Designated, Deposit Of Funds" -\& -.LP -All banks and financial institutions as are designated by the city -council shall be designated as depositories for the funds of the city. -The city treasurer shall deposit daily all public funds received by him -in these banks. -Funds may be transferred from one depository to another upon direction -of the treasurer. -.PP -(Prior Code, § 2-211; Code 1999, § 7-103) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-104_Capital_Improvement_Fund" -A "\c" \ - -- "Sec 7-104 Capital Improvement Fund" -\& -.IP " 1." 4 -There is hereby created a capital improvement fund and monies for -capital improvement shall be deposited therein. -Money in the fund may be accumulated from year to year. -Such fund shall be placed in an insured interest bearing account. -Such fund shall be nonfiscal and shall not be considered in computing -any levy when the city makes an estimate for needed appropriations. -Money in the capital improvement fund may be expended for any capital -improvement. -.IP " 2." 4 -No funds shall be appropriated or expended from the capital improvement -fund in the absence of a recorded vote of the city council and until -claims duly verified by affidavit are presented and approved by the city -council. -.IP " 3." 4 -As used in this section, the term \[dq]capital improvement\[dq] means -all items and articles, either new or replacements, not consumed with -use but only diminished in value with prolonged use, including, but not -limited to, roads and streets, drainage improvements, water and sewage -improvements, machinery, equipment, furniture and fixtures, all real -property, all construction or reconstruction of buildings, appurtenances -and improvements to real property, the cost and expenses related thereto -of rights-of-way or other real property, engineering, architectural or -legal fees, and payment for improvements for which subsequent -reimbursement is made to the capital improvement fund. -.LP -(Prior Code, § 2-246; Code 1999, § 7-105) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-105_Authorized_Signature_On_Checks_And_Warrants" -A "\c" \ - -- "Sec 7-105 Authorized Signature On Checks And Warrants" -\& -.LP -All checks or warrants issued by the city shall be signed by either the -mayor or the city treasurer, the vice-mayor or the assistant city -treasurer, using either original or facsimile signatures. -The facsimile signatures shall be filed with the secretary of state. -.PP -(Code 1999, § 7-106; Ord. -No. -84(94), 6-6-1994) -.PP -\f[B]State Law reference\f[R]\[em] Uniform Facsimile Signature of Public -Officials Act, 62 O.S. -§ 601 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-106_General_Fund_Reserve_Fund" -A "\c" \ - -- "Sec 7-106 General Fund Reserve Fund" -\& -.IP " 1." 4 -There is hereby created a general fund reserve fund and monies shall be -deposited therein. -The amount committed to this fund will initially be $200,000.00 with a -future goal of three months of operating capital in reserve of -$11,000,000.00. -Each year, after the fiscal year has closed, staff will review the -amount and will recommend to council the same or a different amount to -transfer to the general reserve fund based on excess revenues over -expenditures. -Once reached, should the balance fall below the three months operating -reserve, a plan will be established to replenish the fund to the -required level. -.IP " 2." 4 -Should economic events occur that cause sales & use tax growth to fall -below two percent of budget for two consecutive quarters or if -unforeseen emergencies occur, a budget amendment confirming the nature -of the event and authorizing the appropriation of reserve funds shall be -approved by a two-third vote of the city council members present. -.IP " 3." 4 -The general fund reserve fund is intended to assist in mitigating the -effects of economic and financial crisis, for necessary cash flow -management, and to enable the city to manage unforeseen emergencies -including natural disasters or catastrophic events. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288133_Ordinance%20923(19).pdf" -A "\c" \ - -- "923(19)" -\& on 10/7/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-2_PURCHASES_BY_CITY" -A "\c" \ - -- "CHAPTER 7-2 PURCHASES BY CITY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-201_Definitions" -A "\c" \ - -- "Sec 7-201 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-202_By_Whom_Made" -A "\c" \ - -- "Sec 7-202 By Whom Made" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-203_Prior_Approval_Required;_Splitting_Contracts_Prohibited" -A "\c" \ - -- "Sec 7-203 Prior Approval Required; Splitting Contracts Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-204_Bidding_Generally" -A "\c" \ - -- "Sec 7-204 Bidding Generally" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-205_When_Bidding_Not_Required" -A "\c" \ - -- "Sec 7-205 When Bidding Not Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-206_Emergency_Purchases" -A "\c" \ - -- "Sec 7-206 Emergency Purchases" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-207_Disposition_Of_Surplus_Or_Obsolete_Materials,_Bidding" -A "\c" \ - -- "Sec 7-207 Disposition Of Surplus Or Obsolete Materials, Bidding" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-208_When_Competitive_Bidding_Not_Required" -A "\c" \ - -- "Sec 7-208 When Competitive Bidding Not Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-209_Sale_Of_Property" -A "\c" \ - -- "Sec 7-209 Sale Of Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-210_Sale_Of_Property" -A "\c" \ - -- "Sec 7-210 Sale Of Property" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-201_Definitions" -A "\c" \ - -- "Sec 7-201 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Contractual services\f[R] means services performed for the city by -persons not in the employment of the city, and may include the use of -equipment or the furnishing of commodities in connection with such -services under express or implied contract. -Contractual services includes travel; freight; express; parcel post; -postage; telephone; telegraph; utilities; rents; repairs, alterations, -and maintenance of buildings, equipment, streets, and bridges, and other -physical facilities of the city; and other services performed for the -city by persons not in the employment of the city. -.PP -(Prior Code, § 2-226; Code 1999, § 7-201; Ord. -No. -95(94), 9-19-1994; Ord. -No. -127(95), 6-19-1995; Ord. -No. -142(96), 1-16-1996) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-202_By_Whom_Made" -A "\c" \ - -- "Sec 7-202 By Whom Made" -\& -.IP " 1." 4 -All purchases of supplies, materials, equipment and contractual services -for the offices, departments and agencies of the city government shall -be made by the city manager or by other city personnel in accordance -with purchase authorizations issued by the city manager, and section -7-203. -.IP " 2." 4 -The city council does hereby authorize the city manager or designee, as -authorized by 62 O.S. -§ 310.1(C), to approve payment of any claims or invoices in an amount of -$22,500.00 or less for supplies, materials, services or equipment -submitted to the city for payment. -The city manager shall establish an internal control structure adequate -to provide reasonable assurance against the unauthorized or illegal -payment of invoices. -Such system of internal control should include the following control -procedures: -.RS 4 -.IP " 1." 4 -Proper authorization of transaction and activities; -.IP " 2." 4 -Adequate segregation of duties; -.IP " 3." 4 -Adequate documents and records; -.IP " 4." 4 -Adequate safeguards over access to and use of assets and records; and -.IP " 5." 4 -Independent checks on performance. -.RE -.IP " 3." 4 -Elements of the internal control structures, which are the control -environment and the accounting system, must be included. -The control environment shall consist of the overall attitude, awareness -and actions of the governing body and management, including a -foresighted management policy toward financial reporting. -The methods and records of an effective accounting system shall result -in: -.RS 4 -.IP " 1." 4 -Identification and recording of all valid transactions; -.IP " 2." 4 -Description on a timely basis of the type of transaction in sufficient -detail to permit proper classification of the transaction for financial -reporting; -.IP " 3." 4 -Measurements of the transactions value in a manner that permits -recording of its monetary value in the financial statements; -.IP " 4." 4 -Determination of the time period in which the transaction occurred to -permit recording of the transaction in the proper accounting period; -.IP " 5." 4 -Proper presentation of the transaction and related disclosures in -financial statements. -.RE -.IP " 4." 4 -Exceptions. -.RS 4 -.IP " 1." 4 -The city manager shall not receive, consider, analyze, process, settle -or litigate claims against the city and the authority arising out of any -of the areas or risks covered by or included in the program whether or -not they are or may be payable from the general operating account -created under section 6 of Moore Public Works Authority Resolution -166(97). -The city risk management board approval shall be required to settle all -non-health related claims in the amount of $5,000.00 or more and to -settle all health related claims regardless of an amount; provided, -however, all health related claims in the amount of $10,000.00 or more -shall be considered as a separate item at any regular or special meeting -of the city risk management board. -The city manager/general manager of the authority may approve the -settlement of any non-health related claims $5,000.00 or less. -The authority shall approve the settlement of all non-health related -claims or more as stated in Moore Public Works Authority Resolution -166(97); provided however, all non-health related claims in the amount -of $10,000.00 or more shall be considered as a separate item at any -regular or special meeting of the City Council or Moore Public Works -Authority. -.IP " 2." 4 -The city council does hereby authorize the city manager or designee to -approve payment of any claim or invoices for supplies, materials, -services or equipment submitted to the city for payment of monthly -utility billing, payments on prior council-approved contractual -agreements, and general obligation bond projects pursuant to their -contract. -Examples of this include the following vendors: -.RS 4 -.IP " 1." 4 -Oklahoma Natural Gas. -.IP " 2." 4 -Oklahoma Gas and Electric. -.IP " 3." 4 -Oklahoma Electric Cooperative. -.IP " 4." 4 -City of Oklahoma City. -.IP " 5." 4 -Republic Services. -.IP " 6." 4 -Veolia Water/US Filter/Professional Services Group. -.IP " 7." 4 -Silverstar Construction. -.IP " 8." 4 -Construction or engineering companies related to G.O. -Bond projects. -.IP " 9." 4 -Software vendors. -.RE -.RE -.LP -(Prior Code, § 2-227; Code 1999, § 7-202; Ord. -No. -95(94), 9-19-1994; Ord. -No. -127(95), 6-19-1995; Ord. -No. -142(96), 1-16-1996; Ord. -No. -213(97), 11-3-1997; Ord. -No. -478(04), 9-20-2004; Ord. -No. -545(06), 6-5-2006; Ord. -No. -571(07), 1-2-2007) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1631910902_Ordinance%20960(21).pdf" -A "\c" \ - -- "960(21)" -\& on 1/19/2021 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf" -A "\c" \ - -- "991(21)" -\& on 10/18/2021 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1691700320_1030.23.pdf" -A "\c" \ - -- "1030.23" -\& on 6/5/2023 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-203_Prior_Approval_Required;_Splitting_Contracts_Prohibited" -A "\c" \ - -- "Sec 7-203 Prior Approval Required; Splitting Contracts Prohibited" -\& -.IP " 1." 4 -Except as limited herein, every contract for, or purchase of, supplies, -materials, equipment or contractual services for more than $22,500.00 -shall require prior approval of the city council. -The following contracts or purchases must have council approval -regardless of the dollar amount involved, or whether or not they are -required to be competitively bid: -.RS 4 -.IP " 1." 4 -Contracts for professional services or employment contracts for -nonclassified personnel, in excess of $20,000.00 whether on a full- or -part-time basis, or whether for a term certain or at will; -.IP " 2." 4 -All lease purchase agreements or contract which terms will extend beyond -the fiscal year or wherein at the time of termination the city shall be -or may be obligated for additional expenditures above the lease purchase -price. -Under no circumstances may such contracts or purchases be made without -first obtaining approval of the council. -.RE -.IP " 2." 4 -No contracts involving sums in excess of $50,000.00 shall be split into -partial contracts involving sums of below $50,000.00, nor shall any -contracts be made in two or more iterations or sequential executions -with the intent to evade the competitive bidding requirements of this -Code or state law or with the intent to evade the monetary spending -limits imposed by this section. -All such partial contracts involving less than $25,000.00 shall be void. -.LP -(Prior Code, § 2-228; Code 1999, § 7-203; Res. -No. -262, 10-16-1989; Ord. -No. -542, 1-22-1991; Ord. -No. -63(93), 10-18-1993; Ord. -No. -95(94), 9-19-1994; Ord. -No. -127(95), 6-19-1995; Ord. -No. -142(96), 1-16-1996; Ord. -No. -467(04), 9-20-2004; Ord. -No. -572(07), 1-2-2007) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf" -A "\c" \ - -- "991(21)" -\& on 10/18/2021 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1052.24.pdf" -A "\c" \ - -- "1052.24" -\& on 4/2/2024 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-204_Bidding_Generally" -A "\c" \ - -- "Sec 7-204 Bidding Generally" -\& -.LP -Before any purchase of, or contract for, supplies, materials, equipment, -or contractual services is made, except as otherwise provided in section -7-203, the city purchasing authority shall submit to at least three -persons dealing in and able to supply the same, a request for quotation -(or invitation to bid) and specifications, to give them opportunity to -bid; or publish notice of the proposed purchase in a newspaper of -general circulation within the city. -He shall favor a person in the city when this can be done without -additional cost to the city; but he shall submit requests for quotation -to those outside the city when this may be necessary to secure bids or -to create competitive conditions, or when he thinks that by so doing he -can make a saving for the city; and shall purchase from them when he can -make a saving for the city. -All bids shall be sealed and shall be opened in public at a designated -time and place. -He may repeatedly reject all bids, and again may submit to the same or -other persons the request for quotation (or invitation to bid), or again -publish notice of the proposed purchase. -He may purchase only from the bidder whose bid is most advantageous to -the city, considering price, quality, date of delivery, and so on. -In the case of a tie, he may purchase from one of those tying, or may -divide the purchase among those tying, always accepting the bids most -advantageous to the city. -.PP -(Prior Code, § 2-229; Code 1999, § 7-204; Ord. -No. -95(94), 9-19-1994; Ord. -No. -127(95), 6-19-1995; Ord. -No. -142(96), 1-16-1996) -.PP -\f[B]State Law reference\f[R]\[em] Public competitive bidding, 61 O.S. -§ 101 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-205_When_Bidding_Not_Required" -A "\c" \ - -- "Sec 7-205 When Bidding Not Required" -\& -.LP -The following may be purchased without giving an opportunity for -competitive bidding: -.IP " 1." 5 -Supplies, materials, equipment or contractual services where cost does -not exceed $100,000.00 in a single transaction or construction -management trade contracts or subcontracts not exceeding $50,000.00; -.IP " 2." 5 -Supplies, materials, equipment or contractual services which can be -furnished only by a single dealer, or which have a uniform price -wherever bought. -Computer software purchases may be purchased without competitive bidding -as a sole source purchase upon verification of any of the following -conditions are present and verified in writing prior to any purchase.\ -.RS 5 -.IP " 1." 4 -Only a single vendor offers a software program that meets the City\[aq]s -needs and requirements; -.IP " 2." 4 -Only a single vendor offers a software program that is compatible with -an existing interface and/or system in use by the City of Moore. -.br -.RE -.IP " 3." 5 -Supplies, materials, equipment or contractual services purchased from -another unit of government at a price deemed below that obtainable from -private dealers, including war surplus, or purchased at auction at a -price deemed below that obtainable elsewhere; -.IP " 4." 5 -Equipment to replace existing equipment which has become inoperable when -the council declares the purchase an emergency; -.IP " 5." 5 -Contractual services (gas, electricity, telephone service, and the like) -purchased from a public utility at a price or rate determined by the -state corporation commission or other government authority; -.IP " 6." 5 -Supplies, materials, equipment or contractual services when purchased at -a price not exceeding a price set therefor by the state purchasing -agency, the Federal Purchasing Agency known as the United States General -Services Administration (GSA), or any other state or federal agency -authorized to regulate prices for things purchased by the state or -United States (whether such price is determined by a contract negotiated -with a vendor or otherwise); Department of Corrections (DOC) products; -.IP " 7." 5 -Contractual services of a professional nature, such as engineering, -architectural, medical and legal services; -.IP " 8." 5 -Supplies, materials or equipment purchased from a vendor or another -state governmental entity, at a price not exceeding a price established -under the competitive bidding process undertaken by the governmental -entity, such as a county or city government, provided that the -competitive bid was a valid competitive bid, was submitted to more than -three vendors, and no more than six months have passed since the receipt -of the bids or proposals by the governmental entity. -Proof of the above shall be presented to council with any request for an -exception under this section; -.IP " 9." 5 -Public construction contracts not exceeding the amount established by -state law, awarded by the city for the purpose of making any public -improvements or constructing any public building or making repairs to or -performing maintenance on the same. -Public improvement as used in the previous sentence shall mean any -beneficial or valuable change or addition, betterment, enhancement or -amelioration of or upon any real property, or interest therein, -belonging to a public agency, intended to enhance its value, beauty or -utility or to adapt it to new or further purposes. -The term \[dq]public improvement\[dq] does not include the direct -purchase of materials, equipment or supplies by a public agency or any -personal property as defined in 62 O.S. -§ 430.1(B); or -.IP " 10." 5 -Material or equipment needing repair when covered by a policy of -insurance where the repair does not exceed $100,000.00.\ -.IP " 11." 5 -Supplies, materials or equipment purchased from a vendor known as a -national or regional bidding cooperative at a price established under a -competitive bidding process undertaken by the bidding cooperative. -.br -.pdfhref M "icepastediv" -.IP " 1." 4 -Supplies, materials or equipment purchased from a vendor known as a -national regional bidding cooperative at a price established under a -competitive bidding process undertaken by the bidding cooperative. -.br -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_986%20(21).pdf" -A "\c" \ - -- "986(21)" -\& on 9/20/2021 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf" -A "\c" \ - -- "991(21)" -\& on 10/18/2021 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_999(21).pdf" -A "\c" \ - -- "999(21)" -\& on 1/18/2022 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1001.22.pdf" -A "\c" \ - -- "1001.22" -\& on 2/7/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-206_Emergency_Purchases" -A "\c" \ - -- "Sec 7-206 Emergency Purchases" -\& -.IP " 1." 4 -An emergency condition is a situation which creates a threat to public -health, welfare or safety, such as may arise by reason of floods, -epidemics, riots, equipment failures, or such other reason as may be -proclaimed by the city manager. -The existence of such condition creates an immediate and serious need -for supplies, services or construction that cannot be met through normal -procurement methods and the lack of which would seriously threaten: -.RS 4 -.IP " 1." 4 -The function of the city government; -.IP " 2." 4 -The preservation or protection of property; or -.IP " 3." 4 -The health or safety of any persons. -.RE -.IP " 2." 4 -The city manager may make emergency procurements in accordance with the -purchasing policies when an emergency condition arises and the need -cannot be met through normal procurement methods. -.LP -(Code 1999, § 7-206; Ord. -No. -95(94), 9-19-1994; Ord. -No. -127(95), 6-19-1995; Ord. -No. -142(96), 1-16-1996) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-207_Disposition_Of_Surplus_Or_Obsolete_Materials,_Bidding" -A "\c" \ - -- "Sec 7-207 Disposition Of Surplus Or Obsolete Materials, Bidding" -\& -.LP -Surplus or obsolete supplies, materials or equipment of a value of more -than $1000.00 may not be sold until the council shall have declared them -surplus or obsolete. -Before the city manager disposes of any surplus or obsolete supplies, -materials or equipment, except as otherwise provided in this chapter, he -shall advertise them for sale in a newspaper of general circulation in -the city or give notice in such other manner as he deems necessary -adequately to reach prospective buyers to give them opportunity to make -bids. -All bids shall be sealed and shall be opened in public at a designated -time and place, except when the sale is by auction. -The city manager may repeatedly reject all bids and advertise or give -notice again. -He may sell such supplies, materials or equipment only to the highest -responsible bidder for cash. -In case of a tie, he may sell to either of the bidders tying, or may -divide the sale among two or more tying, always selling to the highest -responsible bidders for cash. -.PP -(Prior Code, § 2-231; Code 1999, § 7-207; Ord. -No. -63(93), 10-18-1993) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692206852_1024.23%20signed.pdf" -A "\c" \ - -- "1024.23" -\& on 6/5/2023 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-208_When_Competitive_Bidding_Not_Required" -A "\c" \ - -- "Sec 7-208 When Competitive Bidding Not Required" -\& -.LP -The city manager may dispose of the following without giving an -opportunity for competitively bidding: -.IP " 1." 4 -Surplus or obsolete supplies, materials or equipment whose total value -does not exceed $1000.00 in a single transaction; -.IP " 2." 4 -Supplies, materials or equipment when sold at a price at least as great -as that paid by the city for the same; or -.IP " 3." 4 -When any surplus or obsolete supplies, materials or equipment has a -value in excess of $1000.00 and the city council in its discretion and -upon such terms, conditions and for such consideration as it deems -advisable may lease, loan, sell or donate said surplus material or -equipment which it has declared obsolete to any not-for-profit -corporation as defined in 18 O.S., other governmental agencies, -political subdivisions, charitable groups or organizations, boards of -education for any vocational and technical schools or area school -district, and any legitimate organization as determined by the council -to be in need of said surplus or obsolete supplies, materials or -equipment. -.LP -(Prior Code, § 2-232; Code 1999, § 7-208; Ord. -No. -353(02), 4-1-2002) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692206852_1024.23%20signed.pdf" -A "\c" \ - -- "1024.23" -\& on 6/5/2023 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-209_Sale_Of_Property" -A "\c" \ - -- "Sec 7-209 Sale Of Property" -\& -.IP " 1." 4 -The real property described as Lots 2 and 3, Oldtowne Industrial -Addition, being a part of the NE/4, Section 14, T10N, R3W, I.M., Moore, -Cleveland County, Oklahoma, also known as 1000 and 1004 Messenger Lane -owned by the City of Moore free and clear of all liens and encumbrances -shall be sold to the best and most responsible bidder as determined by -the city council through advertising and receipt of sealed bids. -The city council reserves the right to reject all bids and rebid the -sale at a later date. -.IP " 2." 4 -This chapter shall be referred to a vote of the electors of the city if -a legal and sufficient referendum petition is properly filed within 30 -days after its passage; otherwise it shall go into effect 30 days after -its passage and publication. -.LP -(Code 1999, § 7-211) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325179_Ordinance%20No.%20783%20(14).pdf" -A "\c" \ - -- "783(14)" -\& on 11/3/2014 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-210_Sale_Of_Property" -A "\c" \ - -- "Sec 7-210 Sale Of Property" -\& -.IP " 1." 4 -The personal property described as 130 guns previously declared as -surplus, owned by the City of Moore shall be sold to the best and most -responsible bidder as determined by the city council through advertising -and receipt of sealed bids. -The City Council reserves the right to reject all bids and rebid the -sale at a later date. -.IP " 2." 4 -This chapter shall be referred to a vote of the electors of the city if -a legal and sufficient referendum petition is properly filed within 30 -days after its passage; otherwise it shall go into effect 30 days after -its passage and publication. -.br -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1626796757_ordinance%20981.21.pdf" -A "\c" \ - -- "981(21)" -\& on 7/19/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-3_SALES_TAX" -A "\c" \ - -- "CHAPTER 7-3 SALES TAX" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-3A_GENERAL_SALES_TAX" -A "\c" \ - -- "ARTICLE 7-3A GENERAL SALES TAX" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] State sales tax, 68 O.S. -§ 1350 et seq.; municipal sales taxes, 68 O.S. -§ 2701 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-3A_GENERAL_SALES_TAX" -A "\c" \ - -- "ARTICLE 7-3A GENERAL SALES TAX" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-301_Citation_Of_Chapter" -A "\c" \ - -- "Sec 7-301 Citation Of Chapter" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-302_Definitions" -A "\c" \ - -- "Sec 7-302 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-303_Classification_Of_Taxpayers" -A "\c" \ - -- "Sec 7-303 Classification Of Taxpayers" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-304_Subsisting_State_Permits" -A "\c" \ - -- "Sec 7-304 Subsisting State Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-305_Purpose_Of_Revenues;_Disposition_Of_Proceeds" -A "\c" \ - -- "Sec 7-305 Purpose Of Revenues; Disposition Of Proceeds" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-306_Tax_Rate;_Sales_Subject_To_Tax" -A "\c" \ - -- "Sec 7-306 Tax Rate; Sales Subject To Tax" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-307_Exemptions,_Sales_Subject_To_Other_Tax" -A "\c" \ - -- "Sec 7-307 Exemptions, Sales Subject To Other Tax" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-308_Tax_Due_And_Payable" -A "\c" \ - -- "Sec 7-308 Tax Due And Payable" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-309_Payment_Of_Tax;_Brackets" -A "\c" \ - -- "Sec 7-309 Payment Of Tax; Brackets" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-310_Tax_Constitutes_Prior_Claim" -A "\c" \ - -- "Sec 7-310 Tax Constitutes Prior Claim" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-311_Vendor's_Duty_To_Collect_Tax" -A "\c" \ - -- "Sec 7-311 Vendor\[aq]s Duty To Collect Tax" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-312_Returns_And_Remittances;_Discounts" -A "\c" \ - -- "Sec 7-312 Returns And Remittances; Discounts" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-313_Interest_And_Penalties;_Delinquency;_Discount_Forfeiture" -A "\c" \ - -- "Sec 7-313 Interest And Penalties; Delinquency; Discount Forfeiture" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-314_Waiver_Of_Interest_And_Penalties" -A "\c" \ - -- "Sec 7-314 Waiver Of Interest And Penalties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-315_Erroneous_Payments;_Claim_For_Refund" -A "\c" \ - -- "Sec 7-315 Erroneous Payments; Claim For Refund" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-316_Failure_To_File,_Fraudulent_Returns;_Penalties" -A "\c" \ - -- "Sec 7-316 Failure To File, Fraudulent Returns; Penalties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-317_Tax_Records_Confidential" -A "\c" \ - -- "Sec 7-317 Tax Records Confidential" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-318_Provisions_Cumulative" -A "\c" \ - -- "Sec 7-318 Provisions Cumulative" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-319_Amendments_To_Chapter" -A "\c" \ - -- "Sec 7-319 Amendments To Chapter" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-320_Additional_0.50_Percent_Sales_Tax" -A "\c" \ - -- "Sec 7-320 Additional 0.50 Percent Sales Tax" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-321_Additional_0.25_Percent_Sales_Tax" -A "\c" \ - -- "Sec 7-321 Additional 0.25 Percent Sales Tax" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-322_Additional_0.1250_Percent_Sales_Tax" -A "\c" \ - -- "Sec 7-322 Additional 0.1250 Percent Sales Tax" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-301_Citation_Of_Chapter" -A "\c" \ - -- "Sec 7-301 Citation Of Chapter" -\& -.LP -This chapter shall be known and may be cited as the \[dq]City Sales Tax -Ordinance.\[dq] -.PP -(Prior Code, § 21-16; Code 1999, § 7-301) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-302_Definitions" -A "\c" \ - -- "Sec 7-302 Definitions" -\& -.LP -The definitions of words, terms and phrases contained in 68 O.S. -§ 1352 are hereby adopted by reference and made a part of this chapter. -In addition thereto, the following words, terms and phrases, when used -in this chapter, shall have the meanings ascribed to them in this -section, except where the context clearly indicates a different meaning: -.PP -\f[I]Tax collector\f[R] means the department of the city or the official -agency of the state duly designated according to law or contract -authorized by law to administer the collection of the tax herein levied. -.PP -(Prior Code, § 21-18, in part; Code 1999, § 7-302) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-303_Classification_Of_Taxpayers" -A "\c" \ - -- "Sec 7-303 Classification Of Taxpayers" -\& -.LP -For the purpose of this chapter, the classification of taxpayers -hereunder shall be as prescribed by state law for purposes of the state -sales tax code (68 O.S. -§ 1350 et seq.). -.PP -(Prior Code, § 21-28; Code 1999, § 7-303) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-304_Subsisting_State_Permits" -A "\c" \ - -- "Sec 7-304 Subsisting State Permits" -\& -.LP -All valid and subsisting permits to do business issued by the state tax -commission pursuant to the state sales tax code (68 O.S. -§ 1350 et seq.) -are, for the purpose of this chapter, hereby ratified, confirmed and -adopted in lieu of any requirement for an additional city permit for the -same purpose. -.PP -(Prior Code, § 21-19; Code 1999, § 7-304) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-305_Purpose_Of_Revenues;_Disposition_Of_Proceeds" -A "\c" \ - -- "Sec 7-305 Purpose Of Revenues; Disposition Of Proceeds" -\& -.IP " 1." 4 -It is hereby declared to be the purpose of the revenues generated by the -first and second cent sales taxes levied herein to provide revenues for -the support of the functions of the municipal government of the city. -.IP " 2." 4 -It is hereby declared to be the purpose of the revenues levied by the -one cent sales tax levied by Ordinance No. -331 to provide revenues for the making of capital improvements to -physical properties of the city; paying the costs and expenses of -general and special purposes of the municipal government of the city; -improving the sanitary sewer system throughout the city; and the payment -of the principal of, and interest on, indebtedness incurred by the city -or any duly constituted authority thereof. -.LP -(Prior Code, § 21-20; Code 1999, § 7-305) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-306_Tax_Rate;_Sales_Subject_To_Tax" -A "\c" \ - -- "Sec 7-306 Tax Rate; Sales Subject To Tax" -\& -.LP -There is hereby levied an excise tax of three percent upon the gross -proceeds or gross receipts derived from all sales taxable under the -state sales tax code (68 O.S. -§ 1350 et seq.). -.PP -(Prior Code, § 21-21; Code 1999, § 7-306; Ord. -No. -595(07), 7-16-2007; Ord. -No. -677(10), 8-16-2010) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601322944_Ordinance%20No.%20725%20(12).pdf" -A "\c" \ - -- "725(12)" -\& on 8/20/2012 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-307_Exemptions,_Sales_Subject_To_Other_Tax" -A "\c" \ - -- "Sec 7-307 Exemptions, Sales Subject To Other Tax" -\& -.LP -There is hereby specifically exempted from the tax levied by this -chapter the gross receipts or gross proceeds exempted from the state -sales tax code. -.PP -(Prior Code, § 21-22, in part; Code 1999, § 7-307) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-308_Tax_Due_And_Payable" -A "\c" \ - -- "Sec 7-308 Tax Due And Payable" -\& -.LP -The tax levied under this chapter shall be due and payable at the time -and in the manner and form prescribed for payment of the state sales tax -under the sales tax law of the state. -.PP -(Prior Code, § 21-25; Code 1999, § 7-313) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-309_Payment_Of_Tax;_Brackets" -A "\c" \ - -- "Sec 7-309 Payment Of Tax; Brackets" -\& -.IP " 1." 4 -The tax herein levied shall be paid to the tax collector at the time in -form and manner provided for payment of state sales tax under the sales -tax law of the state. -.IP " 2." 4 -The bracket system for the collection of the city sales tax by the tax -collector shall be as the same is hereafter adopted by the agreement of -the city and the tax collector, in the collection of both the city sales -tax and the state sales tax. -.LP -(Prior Code, § 21-26; Code 1999, § 7-314) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-310_Tax_Constitutes_Prior_Claim" -A "\c" \ - -- "Sec 7-310 Tax Constitutes Prior Claim" -\& -.LP -Taxes, penalty and interest due hereunder shall at all times constitute -a prior, superior and paramount claim as against the claims of unsecured -creditors and may be collected by suit as any other debt. -.PP -(Prior Code, § 21-27; Code 1999, § 7-315) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-311_Vendor's_Duty_To_Collect_Tax" -A "\c" \ - -- "Sec 7-311 Vendor\[aq]s Duty To Collect Tax" -\& -.IP " 1." 4 -The tax levied hereunder shall be paid by the consumer or user to the -vendor; and each and every vendor shall collect from the consumer or -user the full amount of the tax levied, or an amount equal as nearly as -possible or practicable to the average equivalent thereof. -.IP " 2." 4 -Vendors shall add the tax imposed hereunder, or the average equivalent -thereof, to the sales price or charge; and, when added, such tax shall -constitute a part of such price or charge, shall be a debt from the -consumer or user to the vendor until paid, and shall be recoverable at -law in the same manner as other debts. -.IP " 3." 4 -No vendor shall willfully or intentionally fail, neglect or refuse to -collect the full amount of the tax levied; or willfully or intentionally -fail, neglect or refuse to comply with the provisions of this chapter; -or remit or rebate to a consumer or user, either directly or indirectly, -and by whatsoever means, all or any part of the tax herein levied; or -make in any form of advertising, verbally or otherwise, any statement -which infers that he is absorbing the tax, or paying the tax for the -consumer or user by an adjustment of prices or at a price including the -tax, or in any manner whatsoever. -.LP -(Prior Code, § 21-28; Code 1999, § 7-316) -.PP -\f[B]State Law reference\f[R]\[em] Vendor\[aq]s duty to collect tax, 68 -O.S. -§ 1310. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-312_Returns_And_Remittances;_Discounts" -A "\c" \ - -- "Sec 7-312 Returns And Remittances; Discounts" -\& -.LP -Returns and remittances of the tax herein levied and collected shall be -made to the tax collector at the time and in the manner, form and amount -as prescribed for returns and remittances required by the state sales -tax code; and remittances of tax collected hereunder shall be subject to -the same discount as may be allowed by the code for collection of state -sales taxes. -.PP -(Prior Code, § 21-30; Code 1999, § 7-317) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-313_Interest_And_Penalties;_Delinquency;_Discount_Forfeiture" -A "\c" \ - -- "Sec 7-313 Interest And Penalties; Delinquency; Discount Forfeiture" -\& -.IP " 1." 4 -68 O.S. -§ 217 is adopted and made a part of this chapter. -.IP " 2." 4 -Interest and penalties at the rates and in amounts specified in the -state statute cited in subsection (A) of this section are hereby levied -and shall be applicable in cases of delinquency in reporting and paying -the tax levied by this chapter. -.IP " 3." 4 -The failure or refusal of any taxpayer to make and transmit the reports -and remittances of tax in the time and manner required by this chapter -shall cause such tax to be delinquent. -.IP " 4." 4 -If such delinquency continues for a period of five days, the taxpayer -shall forfeit his claim to any discount allowed under this chapter. -.LP -(Prior Code, § 21-31; Code 1999, § 7-318) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-314_Waiver_Of_Interest_And_Penalties" -A "\c" \ - -- "Sec 7-314 Waiver Of Interest And Penalties" -\& -.IP " 1." 4 -The interest or penalty or any portion thereof accruing by reason of a -taxpayer\[aq]s failure to pay the city tax herein levied may be waived -or remitted in the same manner as provided for the waiver or remittance -as applied in administration of the state sales tax provided in 68 O.S. -§ 220. -.IP " 2." 4 -To accomplish the purposes of this section, the applicable provisions of -68 O.S. -§ 220 are adopted by reference and made a part of this chapter. -.LP -(Prior Code, § 21-32; Code 1999, § 7-319) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-315_Erroneous_Payments;_Claim_For_Refund" -A "\c" \ - -- "Sec 7-315 Erroneous Payments; Claim For Refund" -\& -.IP " 1." 4 -Refund or erroneous payment of the city sales tax herein levied may be -made to any taxpayer making such erroneous payment in the same manner -and procedure, and under the same limitations of time, as provided for -administration of the state sales tax as set forth in 68 O.S. -§ 227. -.IP " 2." 4 -To accomplish the purposes of this section, the applicable provisions of -68 O.S. -§ 227 are adopted by reference and made a part of this chapter. -.LP -(Prior Code, § 21-33; Code 1999, § 7-320) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-316_Failure_To_File,_Fraudulent_Returns;_Penalties" -A "\c" \ - -- "Sec 7-316 Failure To File, Fraudulent Returns; Penalties" -\& -.IP " 1." 4 -No person shall: -.RS 4 -.IP " 1." 4 -Intentionally fail or refuse to make tax reports and remittances as -required under this chapter; or -.IP " 2." 4 -Intentionally make false and fraudulent tax reports for the purpose of -avoiding or escaping payment of any tax or portion thereof due under -this chapter. -.RE -.IP " 2." 4 -Any person required to collect and remit sales tax pursuant to the state -sales tax code or this Code, and engaging in any of the callings, -trades, avocations, professions, businesses or occupations for which a -license is required by the city, and applying for such license, must -submit proof as a condition precedent to issuing such license of a valid -sales tax permit number issued by the state. -.IP " 3." 4 -Any license issued by the city to any person engaging in any of the -callings, trades, avocations, businesses, professions or occupations for -which a license is required by this Code may be suspended or revoked for -failure to maintain a lawful sales tax license or collect and remit -sales tax if and as required by the state sales tax code or this Code. -.IP " 4." 4 -In addition to all civil penalties provided by this chapter, any -violation of this section shall subject the offending taxpayer to the -penalty set forth in section 1-108. -Each day of such violation shall be considered a separate offense and -charged separately. -.LP -(Prior Code, § 21-34; Code 1999, § 7-321; Ord. -No. -416, 11-3-1986) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-317_Tax_Records_Confidential" -A "\c" \ - -- "Sec 7-317 Tax Records Confidential" -\& -.LP -The confidential and privileged nature of the records and files -concerning the administration of the city sales tax is legislatively -recognized and declared; and to protect the same the provisions of 68 -O.S. -§ 205, and all subsections thereof, are hereby adopted by reference and -made fully effective and applicable to administration of the city sales -tax as if here set forth in full. -.PP -(Prior Code, § 21-35; Code 1999, § 7-322) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-318_Provisions_Cumulative" -A "\c" \ - -- "Sec 7-318 Provisions Cumulative" -\& -.LP -The provisions of this chapter shall be cumulative and in addition to -any and all other taxing provisions of city ordinances. -.PP -(Prior Code, § 21-37; Code 1999, § 7-323) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-319_Amendments_To_Chapter" -A "\c" \ - -- "Sec 7-319 Amendments To Chapter" -\& -.LP -The council, by ordinance duly enacted, is authorized to make such -administrative and technical changes or additions in the method and -manner of administration and enforcing this chapter as may be necessary -or proper for efficiency and fairness, except that the rate of the tax -herein provided shall not be changed without approval of the qualified -electors of the city as provided by law. -.PP -(Prior Code, § 21-36; Code 1999, § 7-324) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-320_Additional_0.50_Percent_Sales_Tax" -A "\c" \ - -- "Sec 7-320 Additional 0.50 Percent Sales Tax" -\& -.IP " 1." 4 -\f[I]Definitions\f[R]. -The definitions of words, terms, and phrases contained in the state -sales tax code (68 O.S. -§ 1350 et seq.), as amended from time to time (hereinafter referred to -as the \[dq]state sales tax code\[dq]) are hereby adopted by reference -and made a part of this section. -.IP " 2." 4 -\f[I]Effective date and date of termination\f[R]. -Subject to approval of a majority of the registered voters of the City -of Moore, Oklahoma, voting on same as prescribed by law, to be held on -November 6, 2018, the ordinance shall commence and be effective April 1, -2019, provided, that such extension of the existing sales tax shall be -limited to a duration of four years and shall terminate March 31, 2023. -.IP " 3." 4 -\f[I]Purpose of revenues\f[R]. -The City of Moore, Oklahoma sales tax ordinance, the same being -Ordinance No. -60, as amended by Ordinance No. -331(83), as amended by Ordinance No. -470(88), as amended by Ordinance No. -551(06), as amended by Ordinance No. -677(10), as amended by Ordinance No. -780(14) (collectively referred to as the \[dq]sales tax ordinance\[dq]), -is hereby amended by adding the following language to said sales tax -ordinance, for the following purpose: -.RS 4 -.IP " 1." 4 -\f[I]Purpose of extension of existing 0.50 percent sales tax\f[R]. -It is hereby declared that the extension of the existing 0.50 percent -sales tax levied by this section shall be in addition to the other sales -tax levied by said sales tax ordinance as may be hereafter amended from -time to time, and the proceeds of such sales tax, or proceeds of -borrowings by the city or a public trust of which the city is -beneficiary payable from the sales tax, shall be expended on capital -improvements, as determined by the city council, including, to the -extent legal and practical, the following projects: -.RS 4 -.IP " 1." 4 -\f[I]Residential street and residential collector street repair\f[R]. -Seventy percent of the proceeds of such sales tax shall be used for -residential street and residential collector street repair, including, -but not limited to, construction, repair and/or maintenance of streets, -and the construction and/or repair of sidewalks, curbs, drainage and -utility lines pertaining to same; -.IP " 2." 4 -\f[I]Public safety machinery and/or equipment\f[R]. -Twenty percent of the proceeds of such sales tax shall be used for -expenditures for public safety involving fire, police and emergency -management, including, but not limited to, the purchase of public safety -machinery and/or equipment; and -.IP " 3." 4 -\f[I]Public safety operations\f[R]. -Ten percent of the proceeds of such sales tax shall be used for -expenditures for public safety operations involving fire, police and -emergency management including, but not limited to, training, new -positions and salary increases for existing personnel. -.RE -.RE -.IP " 4." 4 -\f[I]Levy of Tax\[em]This Tax In addition; Administration Procedures; -Exemptions.\f[R] There is hereby levied an excise tax of 0.50 percent -upon the gross proceeds or gross receipts derived from all sales taxable -under the state sales tax code, as set out therein. -There is hereby specifically exempted from the tax levied by this -section the gross receipts or gross proceeds exempted from the state -sales tax code, as set out therein. -.IP " 5." 4 -\f[I]Total effective excise tax\f[R]. -The rate of tax set forth in the sales tax ordinance of the City of -Moore, Oklahoma, is hereby maintained at 3.75 percent. -.IP " 6." 4 -\f[I]Amendments\f[R]. -The people of the city, by their approval of this section at the -election hereinabove provided, hereby authorize the city council by -ordinance duly enacted to make such administrative and technical changes -or additions in the method and manner of administration and enforcing -this section as may be necessary or proper for efficiency and fairness, -except that the rate and limitation of time for collection of the tax -herein provided shall not be changed without approval of the registered -voters of the city as provided by law. -.IP " 7." 4 -\f[I]Provisions severable\f[R]. -The provisions hereof are hereby declared to be severable, and if any -section, paragraph, sentence or clause of this section is for any reason -held invalid or inoperative by any court of competent jurisdiction, such -decision shall not affect any other section, paragraph, sentence or -clause hereof. -.IP " 8." 4 -\f[I]Provisions cumulative\f[R]. -The provisions hereof shall be cumulative, and in addition to any and -all other taxing provisions of the sales tax ordinance. -.IP " 9." 4 -\f[I]Incorporation of section\f[R]. -The provisions of this section shall be included and incorporated in the -sales tax ordinance of the city, as an addition or amendment thereto, -and shall be appropriately renumbered to conform to the uniform -numbering system of this Code. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325125_Ordinance%20No.%20780%20(14).pdf" -A "\c" \ - -- "780(14)" -\& on 8/18/2014 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346079_Ordinance%20No.%20888%20(18).pdf" -A "\c" \ - -- "888(18)" -\& on 8/6/2018 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-321_Additional_0.25_Percent_Sales_Tax" -A "\c" \ - -- "Sec 7-321 Additional 0.25 Percent Sales Tax" -\& -.IP " 1." 4 -\f[I]Definitions\f[R]. -The definitions of words, terms, and phrases contained in the state -sales tax code (68 O.S. -§ 1350 et seq.), as amended from time to time (hereinafter referred to -as the \[dq]state sales tax code\[dq]), are hereby adopted by reference -and made a part of this section. -.IP " 2." 4 -\f[I]Effective date and date of termination\f[R]. -Subject to approval of a majority of the registered voters of the city, -voting on same as prescribed by law, to be held on November 3, 2020 this -section shall commence and be effective April 1, 2021, provided that -such additional sales tax shall be limited to a duration of four years -and shall terminate March 31, 2025. -.IP " 3." 4 -\f[I]Purpose of revenues\f[R]. -It is hereby declared that the extension of the existing 0.25 percent -sales tax levied by this section shall be in addition to the other sales -tax levied by said sales tax ordinance as may be hereafter amended from -time to time, and the proceeds of such sales tax, or proceeds of -borrowings by the city or a public trust of which the city is -beneficiary payable from the sales tax, shall be expended on capital -improvements involving (i) the acquisition, construction, equipping -and/or remodeling of existing Parks and Recreation facilities; and (ii) -The Moore Public Works Authority, as determined by the City Council. -.br -.IP " 4." 4 -\f[I]Levy of tax; this tax in addition; administration procedures; -exemptions\f[R]. -There is hereby levied an excise tax of 0.25 percent upon the gross -proceeds or gross receipts derived from all sales taxable under the -state sales tax code, as set out therein. -There is hereby specifically exempted from the tax levied by this -section the gross receipts or gross proceeds exempted from the state -sales tax code, as set out therein. -.IP " 5." 4 -\f[I]Total effective excise tax\f[R]. -The rate of tax set forth in the sales tax ordinance of the city is -hereby maintained at 3.75 percent. -.IP " 6." 4 -\f[I]Amendments\f[R]. -The people of the city, by their approval of this section at the -election hereinabove provided, hereby authorize the city council by -ordinance duly enacted to make such administrative and technical changes -or additions in the method and manner of administration and enforcing -this section as may be necessary or proper for efficiency and fairness, -except that the rate and limitation of time for collection of the tax -herein provided shall not be changed without approval of the registered -voters of the City as provided by law. -.IP " 7." 4 -\f[I]Provisions cumulative\f[R]. -The provisions hereof shall be cumulative, and in addition to any and -all other taxing provisions of the sales tax ordinance. -.IP " 8." 4 -\f[I]Incorporation of section\f[R]. -The provisions of this section shall be included and incorporated in the -sales tax ordinance of the city, as an addition or amendment thereto, -and shall be appropriately renumbered to conform to the uniform -numbering system of this Code. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328364_Ordinance%20No.%20829%20(16).pdf" -A "\c" \ - -- "829(16)" -\& on 8/1/2016 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350502_949%20(20).pdf" -A "\c" \ - -- "949(20)" -\& on 8/3/2020 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_961(21).pdf" -A "\c" \ - -- "961(21)" -\& on 2/1/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-322_Additional_0.1250_Percent_Sales_Tax" -A "\c" \ - -- "Sec 7-322 Additional 0.1250 Percent Sales Tax" -\& -.IP " 1." 4 -\f[I]Definitions\f[R]. -The definitions of words, terms, and phrases contained in the Oklahoma -Sales Tax Code; Title 68, Oklahoma Statutes 2011, Section 1350 et seq., -as amended from time to time (hereinafter referred to as the -\[dq]Oklahoma Sales Tax Code\[dq]) are hereby adopted by reference and -made a part of this section. -.IP " 2." 4 -\f[I]Effective date and date of termination\f[R]. -Subject to approval of a majority of the registered voters of the City -of Moore, Oklahoma, voting on same as prescribed by law, to be held on -November 12, 2019, the ordinance shall commence and be effective April -1, 2020. -.IP " 3." 4 -\f[I]Purpose of revenues\f[R]. -The City of Moore, Oklahoma Sales Tax Ordinance, the same being -Ordinance No. -60, as amended by Ordinance No. -331(83), as amended by Ordinance No. -470(88), as amended by Ordinance No. -551(06), as amended by Ordinance No. -677(10), as amended by Ordinance No. -725(12), as amended by Ordinance No. -780(14), as amended by Ordinance No. -829(16), as amended by Ordinance No. -888(18) (collectively referred to as the \[dq]sales tax ordinance\[dq]), -is hereby amended by adding the following language to said sales tax -ordinance, for the following purpose: -.RS 4 -.IP " 1." 4 -\f[I]Purpose of additional one-eighth of one percent sales tax\f[R]. -It is hereby declared that the additional one-eighth of one percent -(0.1250%) sales tax levied by said sales tax ordinance shall be in -addition to the other sales tax levied by said sales tax ordinance as -may be hereafter amended from time to time, and the proceeds of such -sales tax, or proceeds of borrowings by the city or a public trust of -which the city is beneficiary payable from the sales tax, shall be -expended on capital improvements and regulatory requirements, as -determined by the city council, including, to the extent legal and -practical, the following projects: -.RS 4 -.IP " 1." 4 -Water system improvements, including, but not limited to, water line -replacement, leak detection and modeling technology and upgrading city -water wells, storm water systems and management, and drainage -improvements. -.RE -.RE -.IP " 4." 4 -\f[I]Levy of Tax\[em]This Tax In addition; Administration Procedures; -Exemptions\f[R]. -There is hereby levied an excise tax of one-eighth of one percent upon -the gross proceeds or gross receipts derived from all sales taxable -under the Oklahoma Sales Tax Code, as set out therein. -There is hereby specifically exempted from the tax levied by this -section the gross receipts or gross proceeds exempted from the Oklahoma -Sales Tax Code, as set out therein. -.IP " 5." 4 -\f[I]Total effective excise tax\f[R]. -The rate of tax set forth in the sales tax ordinance of the City of -Moore, Oklahoma, is hereby increased to three and seven-eighths percent. -.IP " 6." 4 -\f[I]Amendments\f[R]. -The people of the City of Moore, Oklahoma, by their approval of this -section at the election hereinabove provided, hereby authorize the city -council by ordinance duly enacted to make such administrative and -technical changes or additions in the method and manner of -administration and enforcing this section as may be necessary or proper -for efficiency and fairness except that the rate and limitation of time -for collection of the tax herein provided shall not be changed without -approval of the registered voters of the city as provided by law. -.IP " 7." 4 -\f[I]Provisions severable\f[R]. -The provisions hereof are hereby declared to be severable, and if any -section, paragraph, sentence or clause of this section is for any reason -held invalid or inoperative by any court of competent jurisdiction, such -decision shall not affect any other section, paragraph, sentence or -clause hereof. -.IP " 8." 4 -\f[I]Provisions cumulative\f[R]. -The provisions hereof shall be cumulative, and in addition to any and -all other taxing provisions of the sales tax ordinance. -.IP " 9." 4 -\f[I]Incorporation of section\f[R]. -The provisions of this section shall be included and incorporated in the -sales tax ordinance of the city, as an addition or amendment thereto, -and shall be appropriately renumbered to conform to the uniform -numbering system of this Code. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288112_Ordinance%20922(19).pdf" -A "\c" \ - -- "922(19)" -\& on 9/3/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-4_USE_TAX" -A "\c" \ - -- "CHAPTER 7-4 USE TAX" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-401_Citation_And_Codification" -A "\c" \ - -- "Sec 7-401 Citation And Codification" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-402_Definitions" -A "\c" \ - -- "Sec 7-402 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-403_Use_Tax_On_Storage,_Use_Or_Other_Consumption_Of_Intangible,_Personal_Property_Levied" -A "\c" \ - -- "Sec 7-403 Use Tax On Storage, Use Or Other Consumption Of Intangible, Personal Property Levied" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-404_Purpose_Of_Revenues" -A "\c" \ - -- "Sec 7-404 Purpose Of Revenues" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-405_Exemptions" -A "\c" \ - -- "Sec 7-405 Exemptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-406_Time_When_Due,_Returns,_Payment" -A "\c" \ - -- "Sec 7-406 Time When Due, Returns, Payment" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-407_Tax_Constitutes_Debt" -A "\c" \ - -- "Sec 7-407 Tax Constitutes Debt" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-408_Bracket_System" -A "\c" \ - -- "Sec 7-408 Bracket System" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-409_Collection_Of_Tax_By_Retailer_Or_Vendor" -A "\c" \ - -- "Sec 7-409 Collection Of Tax By Retailer Or Vendor" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-410_Collection_Of_Tax_By_Retailer_Or_Vendor_Not_Maintaining_A_Place_Of_Business_Within_State_Or_Both_Within_And_Without_State,_Permits" -A "\c" \ - -- "Sec 7-410 Collection Of Tax By Retailer Or Vendor Not Maintaining A Place Of Business Within State Or Both Within And Without State, Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-411_Revoking_Permits" -A "\c" \ - -- "Sec 7-411 Revoking Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-412_Remunerative_Deductions_Allowed_Vendors_Or_Retailers_Of_Other_States" -A "\c" \ - -- "Sec 7-412 Remunerative Deductions Allowed Vendors Or Retailers Of Other States" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-413_Interest_And_Penalties,_Delinquency" -A "\c" \ - -- "Sec 7-413 Interest And Penalties, Delinquency" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-414_Waiver_Of_Interest_And_Penalties" -A "\c" \ - -- "Sec 7-414 Waiver Of Interest And Penalties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-415_Erroneous_Payments,_Claim_For_Refund" -A "\c" \ - -- "Sec 7-415 Erroneous Payments, Claim For Refund" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-416_Fraudulent_Returns" -A "\c" \ - -- "Sec 7-416 Fraudulent Returns" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-417_Records_Confidential" -A "\c" \ - -- "Sec 7-417 Records Confidential" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-418_Classification_Of_Taxpayers" -A "\c" \ - -- "Sec 7-418 Classification Of Taxpayers" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-419_Subsisting_State_Permits" -A "\c" \ - -- "Sec 7-419 Subsisting State Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-420_Provisions_Cumulative" -A "\c" \ - -- "Sec 7-420 Provisions Cumulative" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] State use tax, 68 O.S. -§ 1401 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-401_Citation_And_Codification" -A "\c" \ - -- "Sec 7-401 Citation And Codification" -\& -.LP -This chapter shall be known and may be cited as the \[dq]City of Moore -Use Tax.\[dq] -.PP -(Code 1999, § 7-401; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-402_Definitions" -A "\c" \ - -- "Sec 7-402 Definitions" -\& -.LP -The definitions of words, terms and phrases contained in 68 O.S. -§ 1401 are hereby adopted by reference and made a part of this chapter. -In addition thereto, the following words, terms and phrases, when used -in this chapter, shall have the meanings ascribed to them in this -section, except where the context clearly indicates a different meaning: -.PP -\f[I]Tax collector\f[R] means the department of the city government or -the official agency of the state, duly designated according to law or -contract authorized by law, to administer the collection of the tax -herein levied. -.PP -\f[I]Transaction\f[R] means sale. -.PP -(Code 1999, § 7-402; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-403_Use_Tax_On_Storage,_Use_Or_Other_Consumption_Of_Intangible,_Personal_Property_Levied" -A "\c" \ - -- "Sec 7-403 Use Tax On Storage, Use Or Other Consumption Of Intangible, Personal Property Levied" -\& -.LP -There is hereby levied and there shall be paid by every person storing, -using or otherwise consuming within the city tangible, personal property -purchased or brought into the city, an excise tax on the storage, use or -other consuming within the city of such property at the rate of three -percent of the purchase price of such property. -Such tax shall be paid by every person storing, using or otherwise -consuming, within the city, tangible, personal property purchased or -brought into the city. -The additional tax levied hereunder shall be paid at the time of -importation or storage of the property within the city and shall be -assessed to only property purchased outside the state, provided that the -tax levied herein shall not be levied against tangible, personal -property intended solely for use outside the city, but which is stored -in the city pending shipment outside the city or which is temporarily -retained in the city for the purpose of fabrication, repair, testing, -alteration, maintenance or other service. -Any person liable for payment of the tax authorized herein, may deduct -from such tax any local or municipal sales tax previously paid on such -goods or services, provided that the amount deducted shall not exceed -the amount that would have been due if the taxes imposed by the city had -been levied on the sale of such goods or services. -.PP -(Code 1999, § 7-403; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-404_Purpose_Of_Revenues" -A "\c" \ - -- "Sec 7-404 Purpose Of Revenues" -\& -.LP -It is hereby declared to be the purpose of this chapter to provide -revenues for the support of the functions of the municipal government of -the city, and any and all revenues derived hereunder may be expended by -the governing body of the city for any purpose for which funds may be -lawfully expended as authorized. -.PP -(Code 1999, § 7-404; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-405_Exemptions" -A "\c" \ - -- "Sec 7-405 Exemptions" -\& -.LP -The provisions of this chapter shall not apply: -.IP " 1." 4 -In respect to the use of an article of tangible, personal property -brought into the city by a nonresident individual visiting in the city -for his personal use or enjoyment while within the city; -.IP " 2." 4 -In respect to the use of tangible, personal property purchased for -resale before being used; -.IP " 3." 4 -In respect to the use of any article of tangible, personal property on -which a tax, equal to or in excess of that levied by both the state use -tax code (68 O.S. -§ 1401 et seq.) -and the city use tax, has been paid by the person using such tangible, -personal property in the city, whether such tax was levied under the -laws of the state or some other state or municipality of the United -States. -If any article of tangible, personal property has already been subjected -to a tax by the state or any other state or municipality in respect to -its sale or use, in an amount less than the tax imposed by both the -state use tax code (68 O.S. -§ 1401 et seq.) -and city use tax, the provision of this chapter shall also apply to it -by a rate measured by the difference only between the rate provided by -both the state use tax code (68 O.S. -§ 1401 et seq.) -and the city use tax, and the rate by which the previous tax upon the -sale or use was computed, provided that no credit shall be given for -taxes paid in another state or municipality, if that state or -municipality does not grant like credit for taxes paid in the state and -the city; -.IP " 4." 4 -In respect to the use of machinery and equipment purchased and used by -persons establishing new manufacturing or processing plants in the city, -and machinery and equipment purchased and used by persons to the -operation of manufacturing plants already established in the city. -Provided, this exemption shall not apply unless such machinery and -equipment is incorporated into, and is directly used in, the process of -manufacturing property subject to taxation under the sales tax code of -the city. -The term \[dq]manufacturing plants\[dq] means those establishments -primarily engaged in manufacturing or processing operations, and -generally recognized as such; -.IP " 5." 4 -In respect to the use of tangible, personal property now specifically -exempted from taxation under the sales tax code of the city; -.IP " 6." 4 -In respect to the use of any article of tangible, personal property -brought into the city by an individual with intent to become a resident -of the city where such personal property is for such individual\[aq]s -personal use or enjoyment; -.IP " 7." 4 -In respect to the use of any article of tangible, personal property used -or to be used by commercial airlines or railroads; or -.IP " 8." 4 -In respect to livestock purchased outside the state and brought into the -city for feeding or breeding purposes, and which is later resold. -.LP -(Code 1999, § 7-405; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-406_Time_When_Due,_Returns,_Payment" -A "\c" \ - -- "Sec 7-406 Time When Due, Returns, Payment" -\& -.LP -The tax levied by this chapter is due and payable at the time and in the -manner and form prescribed for payment of the state use tax under the -state use tax code (68 O.S. -§ 1401 et seq.). -.PP -(Code 1999, § 7-406; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-407_Tax_Constitutes_Debt" -A "\c" \ - -- "Sec 7-407 Tax Constitutes Debt" -\& -.LP -Such taxes, penalty and interest due hereunder shall at all times -constitute a prior, superior and paramount claim as against the claims -of unsecured creditors, and may be collected by suit as any other debt. -.PP -(Code 1999, § 7-407; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-408_Bracket_System" -A "\c" \ - -- "Sec 7-408 Bracket System" -\& -.LP -The bracket system guidelines established by the state tax commission -for the collection of sales taxes, including any amendment of same, are -hereby adopted for convenience in collecting both the state use tax and -the city use tax. -The use of the bracket system guidelines does not relieve the retailer -or vendor from the duty and liability to remit to the tax collector an -amount equal to the applicable percentage of the purchase price of such -property as required by state law and these revised ordinances. -.PP -(Code 1999, § 7-408; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-409_Collection_Of_Tax_By_Retailer_Or_Vendor" -A "\c" \ - -- "Sec 7-409 Collection Of Tax By Retailer Or Vendor" -\& -.LP -Every retailer or vendor maintaining places of business both within and -without the state, and making sales of tangible, personal property from -a place of business outside the state for use in the city shall at the -time of making such sales collect the use tax levied by this chapter -from the purchaser and give to the purchaser a receipt therefor in the -manner and form prescribed by the tax commission, if the tax commission -shall, by regulation, require such receipt. -Each retailer or vendor shall list with the tax commission the name and -address of all his agents operating in the city and location of any and -all distribution or sales houses or offices or other places of business -in the city. -.PP -(Code 1999, § 7-409; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-410_Collection_Of_Tax_By_Retailer_Or_Vendor_Not_Maintaining_A_Place_Of_Business_Within_State_Or_Both_Within_And_Without_State,_Permits" -A "\c" \ - -- "Sec 7-410 Collection Of Tax By Retailer Or Vendor Not Maintaining A Place Of Business Within State Or Both Within And Without State, Permits" -\& -.LP -The tax commission may, in its discretion, upon application, authorize -the collection of the tax herein levied by any retailer or vendor not -maintaining a place of business within the state but who makes sales of -tangible, personal property for use in the city and by the out-of-state -place of business of any retailer or vendor maintaining places of -business both within and without the state and making sales of tangible, -personal property such out-of-state place of business for use in the -city. -Such retailer or vendor may be issued, without charge, a permit to -collect such taxes by the tax commission in such manner and subject to -such regulations and agreements as it shall prescribe. -When so authorized, it shall be the duty of such retailer or vendor to -collect the tax upon all tangible, personal property sold to his -knowledge for use within the city. -Such authority and permit may be canceled when at any time the tax -commission considers that such tax can more effectively be collected -from the person using such property in the city; provided, however, that -in all instances where such sales are made or completed by delivery to -the purchaser within the city by the retailer or vendor in such -retailer\[aq]s or vendor\[aq]s vehicle, whether owned or leased (not by -common carrier), such sales or transactions shall continue to be subject -to applicable city sales tax at the point of delivery and the tax shall -be collected and reported under the taxpayer\[aq]s sales tax permit -number accordingly. -.PP -(Code 1999, § 7-410; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-411_Revoking_Permits" -A "\c" \ - -- "Sec 7-411 Revoking Permits" -\& -.LP -Whenever any retailer or vendor not maintaining a place of business in -the state, or both within and without the state, and authorized to -collect the tax herein levied, fails to comply with any of the -provisions of this chapter, the state use tax code or any orders, rules -or regulations of the tax commission, the tax commission may, upon -notice and hearing as provided for in 68 O.S. -§ 1408, by order revoke the use tax permit, if any, issued to such -retailer or vendor, and if any such retailer or vendor is a corporation -authorized to do business in the state may, after notice and hearing -above provided, cancel the corporation\[aq]s license to do business in -the state and shall issue a new license only when such corporation has -complied with the obligations under this chapter, the state use tax -code, or any orders, rules or regulations of the tax commission. -.PP -(Code 1999, § 7-411; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-412_Remunerative_Deductions_Allowed_Vendors_Or_Retailers_Of_Other_States" -A "\c" \ - -- "Sec 7-412 Remunerative Deductions Allowed Vendors Or Retailers Of Other States" -\& -.LP -Returns and remittances of the tax herein levied and collected shall be -made to the tax commission at the time and in the manner, form and -amount as prescribed for returns and remittances required by the state -use tax code; and remittances of tax collected hereunder shall be -subject to the same discount as may be allowed by the code for the -collection of state use taxes. -.PP -(Code 1999, § 7-412; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-413_Interest_And_Penalties,_Delinquency" -A "\c" \ - -- "Sec 7-413 Interest And Penalties, Delinquency" -\& -.LP -68 O.S. -§ 217 is hereby adopted and made a part of this chapter, and interest -and penalties at the rates and in the amounts as herein specified are -hereby levied and shall be applicable in cases of delinquency in -reporting and paying the tax levied by this chapter, provided that the -failure or refusal of any retailer or vendor to make and transmit the -reports and remittances of tax in the time and manner required by this -chapter shall cause such tax to be delinquent. -In addition, if such delinquency continues for a period of five days, -the retailer or vendor shall forfeit his claim to any discount allowed -under this chapter. -.PP -(Code 1999, § 7-413; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-414_Waiver_Of_Interest_And_Penalties" -A "\c" \ - -- "Sec 7-414 Waiver Of Interest And Penalties" -\& -.LP -The interest or penalty or any portion thereof accruing by reason of a -retailer\[aq]s or vendor\[aq]s failure to pay the city tax herein levied -may be waived or remitted in the same manner as provided for the waiver -or remittance as applied in administration of the state use tax provided -in 68 O.S. -§ 220 and to accomplish the purposes of this section the applicable -provisions of 68 O.S. -§ 220 are hereby adopted by reference and made a part of this chapter. -.PP -(Code 1999, § 7-414; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-415_Erroneous_Payments,_Claim_For_Refund" -A "\c" \ - -- "Sec 7-415 Erroneous Payments, Claim For Refund" -\& -.LP -Refund of erroneous payment of the city use tax herein levied may be -made to any taxpayer making such erroneous payment in the same manner -and procedure, and under the same limitations of time, as provided for -administration of the state use tax as set forth in 68 O.S. -§ 227, and to accomplish the purpose of this section, the applicable -provisions of 68 O.S. -§ 227 are hereby adopted by reference and made a part of this chapter. -.PP -(Code 1999, § 7-415; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-416_Fraudulent_Returns" -A "\c" \ - -- "Sec 7-416 Fraudulent Returns" -\& -.LP -In addition to all civil penalties provided by this chapter, the willful -failure or refusal of any taxpayer to make reports and remittances -herein required, or the making of any false and fraudulent report for -the purpose of avoiding or escaping payment of any tax or portion -thereof rightfully due under this chapter, shall be an offense, and, -upon conviction thereof, the offending taxpayer shall be punished as -provided in section 1-108. -Each day of noncompliance with this chapter shall constitute a separate -offense. -.PP -(Code 1999, § 7-416; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-417_Records_Confidential" -A "\c" \ - -- "Sec 7-417 Records Confidential" -\& -.LP -The confidential and privileged nature of the records and files -concerning the administration of the city use tax is legislatively -recognized and declared, and to protect the same the provisions of 68 -O.S. -§ 205, and each subsection thereof, is hereby adopted by reference and -made fully effective and applicable to the administration of the city -use tax as is herein set forth in full. -.PP -(Code 1999, § 7-417; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-418_Classification_Of_Taxpayers" -A "\c" \ - -- "Sec 7-418 Classification Of Taxpayers" -\& -.LP -For the purpose of this chapter, the classification of taxpayers -hereunder shall be as prescribed by state law for purposes of the state -use tax code (68 O.S. -§ 1401 et seq.). -.PP -(Code 1999, § 7-418; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-419_Subsisting_State_Permits" -A "\c" \ - -- "Sec 7-419 Subsisting State Permits" -\& -.LP -All valid and subsisting permits to do business issued by the state tax -commission pursuant to the state use tax code (68 O.S. -§ 1401 et seq.) -are for the purpose of this chapter hereby ratified, confirmed and -adopted in lieu of any requirement for an additional city permit for the -same purpose. -.PP -(Code 1999, § 7-419; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-420_Provisions_Cumulative" -A "\c" \ - -- "Sec 7-420 Provisions Cumulative" -\& -.LP -The provisions hereof shall be cumulative, and in addition to any and -all other taxing provisions of the city ordinances. -.PP -(Code 1999, § 7-420; Ord. -No. -21(92), 4-20-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-5_HOTEL_TAX" -A "\c" \ - -- "CHAPTER 7-5 HOTEL TAX" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-501_Citation" -A "\c" \ - -- "Sec 7-501 Citation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-502_Definitions" -A "\c" \ - -- "Sec 7-502 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-503_Tax_Rate" -A "\c" \ - -- "Sec 7-503 Tax Rate" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-504_Exemptions" -A "\c" \ - -- "Sec 7-504 Exemptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-505_Certificate_Of_Exemption_Required" -A "\c" \ - -- "Sec 7-505 Certificate Of Exemption Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-506_Operator_Responsible_For_Collection;_Tax_Designated_On_Separate_Bills" -A "\c" \ - -- "Sec 7-506 Operator Responsible For Collection; Tax Designated On Separate Bills" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-507_Records_To_Be_Kept" -A "\c" \ - -- "Sec 7-507 Records To Be Kept" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-508_Returns" -A "\c" \ - -- "Sec 7-508 Returns" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-509_Payment_Of_Tax" -A "\c" \ - -- "Sec 7-509 Payment Of Tax" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-510_Delinquent_Taxes" -A "\c" \ - -- "Sec 7-510 Delinquent Taxes" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-511_Interest_On_Delinquent_Taxes" -A "\c" \ - -- "Sec 7-511 Interest On Delinquent Taxes" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-512_Bond_Required" -A "\c" \ - -- "Sec 7-512 Bond Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-513_Assessment_And_Determination_Of_Tax" -A "\c" \ - -- "Sec 7-513 Assessment And Determination Of Tax" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-514_Refunds" -A "\c" \ - -- "Sec 7-514 Refunds" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-515_Notices" -A "\c" \ - -- "Sec 7-515 Notices" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-516_Remedies_Exclusive" -A "\c" \ - -- "Sec 7-516 Remedies Exclusive" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-517_General_Powers_Of_The_City_Clerk" -A "\c" \ - -- "Sec 7-517 General Powers Of The City Clerk" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-518_Collection_Permits" -A "\c" \ - -- "Sec 7-518 Collection Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-519_Use_Of_Funds" -A "\c" \ - -- "Sec 7-519 Use Of Funds" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-520_Records_Confidential" -A "\c" \ - -- "Sec 7-520 Records Confidential" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-521_Fraudulent_Returns" -A "\c" \ - -- "Sec 7-521 Fraudulent Returns" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-522_Collection_By_Suit" -A "\c" \ - -- "Sec 7-522 Collection By Suit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-523_Amendments" -A "\c" \ - -- "Sec 7-523 Amendments" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-524_Provisions_Cumulative" -A "\c" \ - -- "Sec 7-524 Provisions Cumulative" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-525_Penalty" -A "\c" \ - -- "Sec 7-525 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-501_Citation" -A "\c" \ - -- "Sec 7-501 Citation" -\& -.LP -This chapter shall be known and cited as the \[dq]City Hotel Tax.\[dq] -.PP -(Prior Code, § 21-46; Code 1999, § 7-501) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-502_Definitions" -A "\c" \ - -- "Sec 7-502 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Hotel\f[R] means any buildings, structures, trailers, or other -facilities in which the public may, for consideration, obtain sleeping -accommodations in which five or more rooms are used for the -accommodation of such guests whether such rooms are in one or several -structures. -The term \[dq]hotel\[dq] shall include hotels, apartment hotels, motels, -tourist homes, houses or courts, lodginghouses, inns, roominghouses, -trailer houses, trailer motels, dormitory space, where bed space is -rented to individuals or groups, apartments not occupied by permanent -residents, and all other facilities where rooms or sleeping facilities -or space are furnished for a consideration. -The term \[dq]hotel\[dq] shall not include hospitals, sanitariums or -nursing homes. -.PP -\f[I]Occupancy\f[R] means the use or possession, or the right to the use -or possession, of any room in a hotel, or the right to the use or -possession of the furnishings or to the services and accommodations -accompanying the use and possession of the room. -.PP -\f[I]Occupant\f[R] means a person who, for a consideration, uses, -possesses, or has the right to the use of possession of any room in a -hotel under the lease, concession, permit, right of access, license to -use, or other agreement. -.PP -\f[I]Operator\f[R] means any person operating a hotel in the city, -including, but not limited to, the owner, proprietor, lessee, sublessee, -mortgagee in possession, licensee or any other person otherwise -operating such hotel. -.PP -\f[I]Permanent resident\f[R] means any occupant who has or shall have -the right of occupancy of any room in a hotel for at least 30 -consecutive days during the current calendar year or preceding year. -.PP -\f[I]Rent\f[R] means the consideration received for occupancy valued in -money, whether received in money or otherwise, including all receipts, -cash, credits, and property or services of any kind or nature, and also -any amount for which credit is allowed by the operator to the occupant, -without any deductions therefrom whatsoever. -.PP -\f[I]Return\f[R] means any return filed or required to be filed as -herein provided. -.PP -\f[I]Room\f[R] means any room of any kind in any part or portion of a -hotel which is available for or let out for use or possessed for any -purpose other than a place of assembly. -As used herein, the term \[dq]place of assembly\[dq] means a room or -space which is capable of being occupied by 75 or more persons and which -is used for educational, recreational or amusement purposes and shall -include: -.IP " 1." 5 -Dance halls; -.IP " 2." 5 -Cabarets; -.IP " 3." 5 -Night clubs; -.IP " 4." 5 -Restaurants; -.IP " 5." 5 -Any room or space for public or private banquets, feasts, socials, card -parties or weddings; -.IP " 6." 5 -Lodge and meeting halls or rooms; -.IP " 7." 5 -Skating rinks; -.IP " 8." 5 -Gymnasiums; -.IP " 9." 5 -Swimming pools; -.IP " 10." 5 -Billiard, bowling and table tennis rooms; -.IP " 11." 5 -Halls or rooms used for public or private catering purposes; -.IP " 12." 5 -Funeral parlors; -.IP " 13." 5 -Markets; -.IP " 14." 5 -Recreational rooms; -.IP " 15." 5 -Concert halls; -.IP " 16." 5 -Broadcasting studios; and -.IP " 17." 5 -All other places of similar type of occupancy. -.LP -\f[I]Tax\f[R] means the tax levied pursuant to this chapter. -.PP -(Prior Code, § 21-47; Code 1999, § 7-502) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-503_Tax_Rate" -A "\c" \ - -- "Sec 7-503 Tax Rate" -\& -.LP -There is hereby levied an excise tax of five percent upon the gross -proceeds or gross receipts derived from all rent received for every -occupancy of a room in a hotel or motel in the city, except that the tax -shall not be imposed where the rent is less than the rate of $3.00 per -day. -.PP -(Prior Code, § 21-48; Code 1999, § 7-503; Ord. -No. -378(02)-B, § 2, 9-3-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-504_Exemptions" -A "\c" \ - -- "Sec 7-504 Exemptions" -\& -.LP -The following shall be exempt from the tax levied in this chapter: -.IP " 1." 4 -Permanent residents; -.IP " 2." 4 -The United States Government or any agency or division thereof; -.IP " 3." 4 -The state or any political subdivision thereof; and -.IP " 4." 4 -Any organization, corporation or association organized and operated -exclusively for religious, charitable, philanthropic or educational -purposes, provided that its primary purpose is not carrying on a trade -or business for profit. -.LP -(Prior Code, § 21-49; Code 1999, § 7-504) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-505_Certificate_Of_Exemption_Required" -A "\c" \ - -- "Sec 7-505 Certificate Of Exemption Required" -\& -.LP -Every hotel claiming exemptions shall submit a monthly exemption form, -as provided by the City Clerk, with each monthly room tax report. -This exemption form shall indicate beginning and ending occupancy dates, -number of rooms, number of nights, room(s) occupied, room rate, exempted -amount, the name of the occupant seeking exemption, the exemption -organization with which they are affiliated, reason for the exemption, -and any other information required by the City Clerk. -Every exemption form shall be signed by the hotel manager or authorized -agent, so that the signature shall serve as an acknowledgement that all -information contained on the exemption form is true and correct. -Upon submission of these forms to the City, the City Clerk shall make a -final determination as to the validity of all claimed exemptions. -Should the City Clerk determine that a claimed exemption is not valid, -the hotel shall be assessed the applicable hotel tax plus applicable -interest and penalties. -The hotel claiming such exemption is liable for payment of the hotel -tax. -.PP -(Prior Code, § 21-49; Code 1999, § 7-505) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1691701149_Scan2023-08-10_155659.pdf" -A "\c" \ - -- "1025.23" -\& on 6/5/2023 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-506_Operator_Responsible_For_Collection;_Tax_Designated_On_Separate_Bills" -A "\c" \ - -- "Sec 7-506 Operator Responsible For Collection; Tax Designated On Separate Bills" -\& -.IP " 1." 4 -The operator shall be responsible for the collection of the tax from the -occupant and shall be liable to the city for the tax. -.IP " 2." 4 -The operator shall separately designate, charge and show the tax on all -bills, statements, receipts or any other evidence of charges or payment -of rent for occupancy issued or delivered by the operator. -.LP -(Prior Code, § 21-50; Code 1999, § 7-506) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-507_Records_To_Be_Kept" -A "\c" \ - -- "Sec 7-507 Records To Be Kept" -\& -.LP -Every operator shall keep records of every occupancy and of all rent -paid, charged, or due thereon and of the tax payable thereon in such -form as the city clerk may by regulation require. -Such records shall be available for inspection and examination at any -time upon demand by the city clerk, or a duly authorized agent or -employee of the city, and shall be preserved for a period of three -years, except that the city clerk may consent to their destruction -within that period or may require that they be kept longer. -.PP -(Prior Code, § 21-50; Code 1999, § 7-507) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-508_Returns" -A "\c" \ - -- "Sec 7-508 Returns" -\& -.IP " 1." 4 -Every operator shall file with the city clerk a return of occupancy and -of rents and of the taxes payable thereon on a monthly basis. -The return shall be filed no later than the tenth calendar day of the -following month for the occupancy, rents and taxes payable for the -preceding month. -.IP " 2." 4 -The city clerk may permit or require returns to be made by shorter or -longer periods and upon such dates as he may specify. -The form of return shall be prescribed by the city clerk and shall -contain such information as he may deem necessary for the proper -administration of this chapter. -The city clerk may require amended returns to be filed within 20 days -after notice and to contain the information specified in the notice. -.LP -(Prior Code, § 21-50; Code 1999, § 7-508; Ord. -No. -50(93), 3-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-509_Payment_Of_Tax" -A "\c" \ - -- "Sec 7-509 Payment Of Tax" -\& -.LP -At the time of filing a return of occupancy and of rents, each operator -shall pay to the city clerk the taxes imposed by this chapter upon the -rents included in such return, as well as all other monies collected by -the operator acting or purporting to act under the provisions of this -chapter. -All the taxes for the period for which a return is required to be filed -shall be due from the operator and payable to the city clerk on or -before the date fixed for the filing of the return for such period -without regard to whether a return is filed or whether the return which -is filed correctly shows the amount of rents and the taxes due thereon. -.PP -(Prior Code, § 21-50; Code 1999, § 7-509) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-510_Delinquent_Taxes" -A "\c" \ - -- "Sec 7-510 Delinquent Taxes" -\& -.LP -The tax levied by this chapter shall be due and payable at the time -filing of the returns provided for in this chapter is required. -All taxes not paid within five days from the time they become due shall -be delinquent. -.PP -(Prior Code, § 21-50; Code 1999, § 7-510) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-511_Interest_On_Delinquent_Taxes" -A "\c" \ - -- "Sec 7-511 Interest On Delinquent Taxes" -\& -.IP " 1." 4 -If any tax levied by this chapter becomes delinquent, the person -responsible and liable for such tax shall pay interest on such unpaid -tax at the rate of one percent per month on the unpaid balance from the -date of delinquency. -.IP " 2." 4 -In addition to the interest, if a return is not filed or the total -amount of taxes due remitted within 30 days of the due date as defined -in this chapter, a penalty of ten percent of the total amount of taxes -due shall be assessed. -If a return is not filed or the total amount of taxes due is not paid -after 30 days from such due date, the penalty shall increase to 25 -percent of the total amount of taxes due. -.LP -(Prior Code, § 21-50; Code 1999, § 7-511; Ord. -No. -489, 7-3-1989) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-512_Bond_Required" -A "\c" \ - -- "Sec 7-512 Bond Required" -\& -.LP -Where the city clerk believes that any operator is about to cease -business, leave the state, or remove or dissipate assets, or for any -other similar reason he deems it necessary to protect the revenues under -this chapter, he may require such operator to file with the city a bond -issued by a surety company authorized to transact business in the state -in such amount as the city clerk may fix to secure the payment of any -tax or penalties and interest due, or which may become due from such -operator. -In the event that the city clerk determines that an operator is to file -such bond, he shall give notice to such operator specifying the amount -of bond required. -The operator shall file such bond within five days after the giving of -such notice unless within such five days the operator shall request in -writing a hearing before the city council, at which hearing the -necessary propriety and amount of the bond shall be determined by the -city council. -Such determination shall be final and shall be compiled within 15 days -thereafter. -In lieu of such bond, securities approved by the city clerk, or cash in -such amount as he may prescribe, may be deposited with the city clerk -who may, at any time after five days\[aq] notice to the depositor, apply -them to any tax or any penalties due and for that purpose the securities -may be sold at private or public sale. -.PP -(Prior Code, § 21-50; Code 1999, § 7-512) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-513_Assessment_And_Determination_Of_Tax" -A "\c" \ - -- "Sec 7-513 Assessment And Determination Of Tax" -\& -.IP " 1." 4 -If a return required by this chapter is not filed, or if a return when -filed is incorrect or insufficient, the amount of tax due shall be -assessed by the city clerk from such information as may be obtainable -and, if necessary, the tax may be estimated on the basis of external -indices, such as: -.RS 4 -.IP " 1." 4 -Number of rooms; -.IP " 2." 4 -Location; -.IP " 3." 4 -Scale of rents; -.IP " 4." 4 -Comparable rents; -.IP " 5." 4 -Types of accommodations and services; -.IP " 6." 4 -Number of employees; or -.IP " 7." 4 -Other factors. -.RE -.IP " 2." 4 -Such assessment shall not be performed in an arbitrary or capricious -manner and in no event shall exceed the amount of tax that was due and -payable. -Written notice of such assessments shall be given to the person liable -for the collection and payment of the tax. -Such assessment shall finally and irrevocably fix and determine the tax, -unless the person against whom it is assessed, within 90 days after the -giving of notice of such assessment, shall apply in writing to the city -council for a hearing, or unless the city clerk on his own motion shall -reassess the same. -After such hearing, the city council shall give written notice of its -determination to the person against whom the tax is assessed and such -determination shall be final. -.LP -(Prior Code, § 21-50; Code 1999, § 7-513) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-514_Refunds" -A "\c" \ - -- "Sec 7-514 Refunds" -\& -.IP " 1." 4 -The city clerk shall refund or credit any tax erroneously or illegally -collected if written application to the city clerk for such refund shall -be made within two years from the date of payment thereof. -For like causes, and in the same period, a refund may be so made upon -the initiative and the order of the city clerk. -Whenever a refund is made, the reasons therefor shall be stated in -writing. -Such application may be made by the person upon whom such tax was -imposed and who has actually paid the tax. -Such application may also be made by the person who has collected and -paid such tax to the city clerk providing that the application is made -within two years of the payment by the occupant to the operator, but no -refund of money shall be made to the operator until he has repaid to the -occupant the amount for which the application for the refund is made. -The city clerk, in lieu of any refund required to be made, may allow -credit therefor on payments due from the applicant. -.IP " 2." 4 -Upon application for a refund, the city clerk may receive evidence with -respect thereof and make such investigation as he deems necessary. -After making a determination as to the refund, the city clerk shall give -notice thereof to the applicant. -Such determination shall be final unless the applicant, within 90 days -after such notice, shall apply in writing to the city council for a -hearing. -After such hearing the city council shall give written notice of its -decision to the applicant. -.LP -(Prior Code, § 21-50; Code 1999, § 7-514) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-515_Notices" -A "\c" \ - -- "Sec 7-515 Notices" -\& -.LP -Notices provided for under this chapter shall be deemed to have been -given when such notice has been delivered personally to the operator or -deposited in the United States mail to the last-known address of the -operator. -.PP -(Prior Code, § 21-50; Code 1999, § 7-515) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-516_Remedies_Exclusive" -A "\c" \ - -- "Sec 7-516 Remedies Exclusive" -\& -.LP -The remedies provided in this chapter shall be exclusive remedies -available to any person for the review of tax liability imposed by this -chapter. -.PP -(Prior Code, § 21-50; Code 1999, § 7-516) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-517_General_Powers_Of_The_City_Clerk" -A "\c" \ - -- "Sec 7-517 General Powers Of The City Clerk" -\& -.IP " 1." 4 -In addition to all other powers granted to the city clerk, the city -clerk is hereby authorized and empowered to: -.RS 4 -.IP " 1." 4 -Make, adopt and amend rules and regulations appropriate to the carrying -out of this chapter for the purposes thereof; -.IP " 2." 4 -Extend for cause shown the time for filing any return for a period not -exceeding 60 days; and, for cause shown, to waive, remit or reduce -penalties or interest; -.IP " 3." 4 -Delegate his functions hereunder to an assistant or other employee of -the city; -.IP " 4." 4 -Assess, reassess, determine, revise and readjust the taxes imposed by -this chapter, but not the tax rate; and -.IP " 5." 4 -Prescribe methods for determining the taxable and nontaxable rents. -.RE -.IP " 2." 4 -The city clerk, or his designated representative, shall have the power -to administer oaths and take affidavits in relation to any matter or -proceeding in the exercise of their powers and duties under this -chapter. -The city clerk shall have the power to subpoena and require the -attendance of witnesses and the production of books, papers and -documents to secure information pertinent to the performance of his -duties hereunder and of the enforcement of this chapter and to examine -them in relation thereto. -.LP -(Prior Code, § 21-50; Code 1999, § 7-517) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-518_Collection_Permits" -A "\c" \ - -- "Sec 7-518 Collection Permits" -\& -.LP -Every operator shall apply with the city clerk for a collection permit -in a form prescribed by the city clerk within ten days after the -effective date of the ordinance from which this chapter is derived, or -in the case of the operator\[aq]s commencing business or opening new -hotels after such effective date, within three days after such -commencement or opening. -The city clerk shall, within five days after such application, issue, -without charge, to each operator, a collection permit empowering such -operator to collect the tax from the occupant and duplicates thereof for -each additional hotel. -Each collection permit or duplicate shall state the hotel to which it is -applicable. -Such collection permit shall be permanently displayed by the operator in -such manner that it may be seen and come to the notice of all occupants -and persons seeking occupancy. -Such collection permits shall be nonassignable and nontransferable and -shall be surrendered immediately to the city clerk upon the cessation of -business at the hotel named or upon its sale, lease, assignment or -transfer. -.PP -(Prior Code, § 21-50; Code 1999, § 7-518) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-519_Use_Of_Funds" -A "\c" \ - -- "Sec 7-519 Use Of Funds" -\& -.LP -All taxes collected pursuant to the provisions of this chapter shall be -used for the acquisition and development of parks and recreational -facilities of the City, as well as for operational expenses and capital -outlay for repairs and maintenance of said parks and recreational -facilities of the City. -.PP -.br -.PP -(Prior Code, § 21-51; Code 1999, § 7-519) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350641_950%20(20).pdf" -A "\c" \ - -- "950(20)" -\& on 8/3/2020 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_962(21).pdf" -A "\c" \ - -- "962(21)" -\& on 2/1/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-520_Records_Confidential" -A "\c" \ - -- "Sec 7-520 Records Confidential" -\& -.LP -The confidential and privileged nature of the records and files -concerning the administration of the hotel tax is legislatively -recognized and declared, and to protect the same the provisions of 68 -O.S. -§ 205, and subsections thereof, are hereby adopted by reference and made -fully effective and applicable to the administration of the hotel tax as -if herein set forth. -.PP -(Prior Code, § 21-52; Code 1999, § 7-520) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-521_Fraudulent_Returns" -A "\c" \ - -- "Sec 7-521 Fraudulent Returns" -\& -.LP -The willful failure or refusal of any operator to make reports and -remittances herein required, or the making of any false or fraudulent -report for the purpose of avoiding or escaping payment of any tax or -portion thereof rightfully due under this chapter, shall be an offense, -and, upon conviction thereof, the offending operator shall be subject to -penalty as provided in section 1-108. -.PP -(Prior Code, § 21-53; Code 1999, § 7-521; Ord. -No. -416, 11-3-1986) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-522_Collection_By_Suit" -A "\c" \ - -- "Sec 7-522 Collection By Suit" -\& -.LP -The taxes and interest or penalty due under this chapter shall at all -times constitute a prior, superior and paramount claim as against the -claim of unsecured creditors and may be collected by suit as any other -debt. -Any taxes which are delinquent, according to the terms of this chapter, -on or subsequent to July 5, 1989, shall be subject to these enforcement -provisions. -.PP -(Code 1999, § 7-522; Ord. -No. -489, 7-3-1989) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-523_Amendments" -A "\c" \ - -- "Sec 7-523 Amendments" -\& -.LP -The people, by their approval of this chapter at the election herein -provided, hereby authorize the city council, by ordinance or resolution -duly enacted, to make such administrative and technical changes or -additions in the method and manner of administration and enforcing this -chapter as may be necessary or proper for efficiency and fairness, -except that the rate of the tax herein provided shall not be changed -without approval of the qualified electors of the city as provided by -law. -.PP -(Prior Code, § 21-54; Code 1999, § 7-523) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-524_Provisions_Cumulative" -A "\c" \ - -- "Sec 7-524 Provisions Cumulative" -\& -.LP -The provisions hereof shall be cumulative and in addition to any and all -other taxing provisions of city ordinances. -.PP -(Code 1999, § 7-524) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-525_Penalty" -A "\c" \ - -- "Sec 7-525 Penalty" -\& -.LP -Violations of this chapter are punishable as provided in section 1-108. -.PP -(Code 1999, § 7-525) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-6_TELEPHONE_EXCHANGE_FEE" -A "\c" \ - -- "CHAPTER 7-6 TELEPHONE EXCHANGE FEE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-601_Inspection_Fee_And_Service_Charge" -A "\c" \ - -- "Sec 7-601 Inspection Fee And Service Charge" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-602_Charge_In_Lieu_Of_Other_License_Tax" -A "\c" \ - -- "Sec 7-602 Charge In Lieu Of Other License Tax" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-601_Inspection_Fee_And_Service_Charge" -A "\c" \ - -- "Sec 7-601 Inspection Fee And Service Charge" -\& -.IP " 1." 4 -There is hereby levied an annual inspection fee and service charge upon -each and every person operating a telephone exchange in the city to -compensate the city for the expenses incurred and services rendered -incident to the exercise of its police power, supervision, police -regulation and police control of the construction of lines and equipment -of the telephone company in the city. -.IP " 2." 4 -The amount of the inspection fee and service charge shall be an amount -equal to two percent of the gross revenues for each current year for -exchange telephone transmission service rendered wholly within the -limits of the city. -.IP " 3." 4 -The inspection fee and charge shall be due and payable to the city on or -before May 1 of each year and shall be paid into and appropriated and -expended from the general revenue fund of the city. -.LP -(Prior Code, § 6-371; Code 1999, § 7-601) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-602_Charge_In_Lieu_Of_Other_License_Tax" -A "\c" \ - -- "Sec 7-602 Charge In Lieu Of Other License Tax" -\& -.LP -During continued substantial compliance with the terms of this chapter -by the owner of any telephone exchange, the charge levied by this -chapter shall be and continue to be in lieu of all concessions, charges, -excise, franchise, license, privilege, and permit fees or taxes or -assessments, except ad valorem taxes. -This section is not intended to extinguish or abrogate any existing -arrangement whereby the city is permitted to use the underground -conduit, duct space or pole contracts of the company for the fire alarm -and police call systems of the city, or either of them. -.PP -(Prior Code, § 6-372; Code 1999, § 7-602) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-7_UTILITY_TAX" -A "\c" \ - -- "CHAPTER 7-7 UTILITY TAX" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7A_GAS_UTILITY_TAX" -A "\c" \ - -- "ARTICLE 7-7A GAS UTILITY TAX" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7B_ELECTRIC_UTILITY_TAX" -A "\c" \ - -- "ARTICLE 7-7B ELECTRIC UTILITY TAX" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7A_GAS_UTILITY_TAX" -A "\c" \ - -- "ARTICLE 7-7A GAS UTILITY TAX" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-701_Gas_Utility_Tax_Levied" -A "\c" \ - -- "Sec 7-701 Gas Utility Tax Levied" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-702_Tax_To_Be_In-Lieu_Of_Franchise" -A "\c" \ - -- "Sec 7-702 Tax To Be In-Lieu Of Franchise" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-703_Payable_Monthly" -A "\c" \ - -- "Sec 7-703 Payable Monthly" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-704_Tax_Constitutes_Lien" -A "\c" \ - -- "Sec 7-704 Tax Constitutes Lien" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-705_Ouster_For_Failure_To_Pay" -A "\c" \ - -- "Sec 7-705 Ouster For Failure To Pay" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-701_Gas_Utility_Tax_Levied" -A "\c" \ - -- "Sec 7-701 Gas Utility Tax Levied" -\& -.LP -From and after September 2, 1980, there is hereby levied and assessed an -annual tax of two percent upon the gross receipts from residential and -commercial sales of gas in the city, which tax shall be in lieu of any -other franchise, license, occupation or excise tax levied by the city, -all as provided by 68 O.S. -§ 2601 et seq. -.PP -(Code 1999, § 7-701; Ord. -No. -250, 9-2-1980) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-702_Tax_To_Be_In-Lieu_Of_Franchise" -A "\c" \ - -- "Sec 7-702 Tax To Be In-Lieu Of Franchise" -\& -.LP -The tax levied under this chapter shall, when levied, apply to all -persons, firms, associations or corporations engaged in the business of -furnishing gas within the corporate limits of the city, except it shall -not apply to any person, firm, association or corporation operating -under a valid franchise from the city. -.PP -(Code 1999, § 7-702; Ord. -No. -250, 9-2-1980) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-703_Payable_Monthly" -A "\c" \ - -- "Sec 7-703 Payable Monthly" -\& -.LP -The tax levied under this chapter shall be levied for a term of not less -than one year and shall be payable monthly and placed in the general -revenue fund of the city. -.PP -(Code 1999, § 7-703; Ord. -No. -250, 9-2-1980) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-704_Tax_Constitutes_Lien" -A "\c" \ - -- "Sec 7-704 Tax Constitutes Lien" -\& -.LP -The tax so imposed in this chapter shall constitute a first a prior lien -on all the assets located within the city of any person, firm or -corporation engaged in the business of selling gas within the city -limits. -.PP -(Code 1999, § 7-704; Ord. -No. -250, 9-2-1980) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-705_Ouster_For_Failure_To_Pay" -A "\c" \ - -- "Sec 7-705 Ouster For Failure To Pay" -\& -.LP -Any person, firm or corporation failing or refusing to pay such tax when -levied shall be regarded as a trespasser and may be ousted from the -city. -In addition thereto, an action may be maintained against such person, -firm or corporation for the amount of the tax, and all expenses of -collecting same, including reasonable attorney\[aq]s fees. -.PP -(Code 1999, § 7-705; Ord. -No. -250, 9-2-1980) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7B_ELECTRIC_UTILITY_TAX" -A "\c" \ - -- "ARTICLE 7-7B ELECTRIC UTILITY TAX" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-711_Electric_Utility_Tax_Levied" -A "\c" \ - -- "Sec 7-711 Electric Utility Tax Levied" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-712_Tax_To_Be_In-Lieu_Of_Franchise" -A "\c" \ - -- "Sec 7-712 Tax To Be In-Lieu Of Franchise" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-713_Payable_Monthly" -A "\c" \ - -- "Sec 7-713 Payable Monthly" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-714_Tax_Constitutes_Lien" -A "\c" \ - -- "Sec 7-714 Tax Constitutes Lien" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-715_Ouster_For_Failure_To_Pay" -A "\c" \ - -- "Sec 7-715 Ouster For Failure To Pay" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-711_Electric_Utility_Tax_Levied" -A "\c" \ - -- "Sec 7-711 Electric Utility Tax Levied" -\& -.LP -From and after September, 2009, there is hereby levied and assessed an -annual tax of the greater amount of any voter-approved franchise fee, -currently three percent, or the annual tax on gross receipts levied as a -result of a municipal ordinance enacted pursuant to 68 O.S. -§ 2601 upon the gross receipts from residential and commercial sales of -electricity in the city, which tax shall be in lieu of any other -franchise, license, occupation or excise tax levied by the city. -.PP -(Code 1999, § 7-706; Ord. -No. -655(09), 12-8-2009) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-712_Tax_To_Be_In-Lieu_Of_Franchise" -A "\c" \ - -- "Sec 7-712 Tax To Be In-Lieu Of Franchise" -\& -.LP -The tax levied under this chapter shall, when levied, apply to all -persons, firms, associations or corporations engaged in the business of -furnishing electricity within the corporate limits of the city, except -it shall not apply to any person, firm, association or corporation -operating under a valid franchise from the city. -.PP -(Code 1999, § 7-707; Ord. -No. -655(09), 12-8-2009) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-713_Payable_Monthly" -A "\c" \ - -- "Sec 7-713 Payable Monthly" -\& -.LP -The tax levied under this chapter shall be levied for a term of not less -than one year and shall be payable monthly and placed in the general -revenue fund of the city. -.PP -(Code 1999, § 7-708; Ord. -No. -655(09), 12-8-2009) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-714_Tax_Constitutes_Lien" -A "\c" \ - -- "Sec 7-714 Tax Constitutes Lien" -\& -.LP -The tax so imposed in this chapter shall constitute a first a prior lien -on all assets located within the city of any person, firm or corporation -engaged in the business of selling electricity within the city limits. -.PP -(Code 1999, § 7-709; Ord. -No. -655(09), 12-8-2009) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-715_Ouster_For_Failure_To_Pay" -A "\c" \ - -- "Sec 7-715 Ouster For Failure To Pay" -\& -.LP -Any person, firm or corporation failing or refusing to pay such tax when -levied shall be regarded as a trespasser and may be ousted from the -city. -In addition thereto, an action may be maintained against such person, -firm or corporation for the amount of the tax, and all expenses of -collecting same, including reasonable attorney\[aq]s fees. -.PP -(Code 1999, § 7-710; Ord. -No. -655(09), 12-8-2009) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-8_UNCLAIMED_PROPERTY" -A "\c" \ - -- "CHAPTER 7-8 UNCLAIMED PROPERTY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-801_Delivery_Required;_Records" -A "\c" \ - -- "Sec 7-801 Delivery Required; Records" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-802_Disposition_Of_Personal_Property,_General_Procedures" -A "\c" \ - -- "Sec 7-802 Disposition Of Personal Property, General Procedures" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-803_Seized_Illegal_Alcohol_And_Gambling_Paraphernalia" -A "\c" \ - -- "Sec 7-803 Seized Illegal Alcohol And Gambling Paraphernalia" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-804_Property_Of_Deceased_Persons" -A "\c" \ - -- "Sec 7-804 Property Of Deceased Persons" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-805_Exchange_Of_Unclaimed_Or_Confiscated_Weapons" -A "\c" \ - -- "Sec 7-805 Exchange Of Unclaimed Or Confiscated Weapons" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-806_Recovery_By_Owner" -A "\c" \ - -- "Sec 7-806 Recovery By Owner" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Disposition of personal property by -police chief, procedures, application to destroy, 11 O.S. -§ 34-104; Uniform Unclaimed Property Act, 60 O.S. -§ 650 et seq.; finders of lost goods, 15 O.S. -§ 511 et seq.; disposal of stolen or embezzled property coming into -hands of police officers, 22 O.S. -§ 1321 et seq.; disposal of liquor and gambling equipment seized by -police officers, 22 O.S. -§ 1261 et seq.; illegal alcoholic beverages seized, 37 O.S. -§ 539. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-801_Delivery_Required;_Records" -A "\c" \ - -- "Sec 7-801 Delivery Required; Records" -\& -.IP " 1." 4 -All personal property which comes into the possession of any police -officer, which has been found or stolen or taken off the person or out -of the possession of any prisoner or person suspected of or charged with -being a criminal, and which is not known to belong to some person laying -claim thereto, shall be, by the officer securing possession thereof, -delivered into the charge of the police chief. -The chief shall, in a permanent record book kept for that purpose, make -a record sufficient to identify the property, with the date and -circumstances of the receipt thereof and the name of the person from -whom it was taken and the place where it was found. -The record shall also disclose the subsequent disposal thereof, giving -the date of sale, name and address of the purchaser, and the amount for -which it was sold. -.IP " 2." 4 -For the purpose of this chapter, the term \[dq]police chief\[dq] means -the police chief or his designee. -.LP -(Prior Code, § 18-46, in part; Code 1999, § 7-801) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-802_Disposition_Of_Personal_Property,_General_Procedures" -A "\c" \ - -- "Sec 7-802 Disposition Of Personal Property, General Procedures" -\& -.IP " 1." 4 -The police chief is authorized to sell personal property, other than -animals, money or legal tender of the United States, except as provided -in subsection (B) of this section, which has come into his possession in -any manner if: -.RS 4 -.IP " 1." 4 -The owner of the personal property is unknown or has not claimed the -property; -.IP " 2." 4 -The property has been in the custody of the police chief for at least 90 -days; or -.IP " 3." 4 -The property or any part thereof is no longer needed to be held as -evidence or for any other purpose in connection with any litigation. -Any owner, to recover or claim property, must be able to satisfactorily -prove ownership to the police chief. -.RE -.IP " 2." 4 -Any property found by a person other than public official which shall be -delivered to any police officer for identification and registration, if -not claimed or identified within 30 days, shall, within ten additional -days thereafter, if requested by the finder, be returned to him, and a -record of such disposal made thereof. -However, in all other cases, only property in which the finder -relinquishes any future claim to its ownership will be stored in the -city police property room. -.IP " 3." 4 -The police chief shall file an application in the district court of the -county requesting the authority of the court to conduct a sale of such -personal property or money or legal tender which has a fair market value -of more than its face value. -The police chief shall attach to his application a list describing such -property or money or legal tender, including any identifying numbers and -marks, the date the property or money or legal tender came into his -possession, and the name of the owner and his address, if known. -The court shall set the application for hearing not less than ten days -nor more than 20 days after filing of the application. -.IP " 4." 4 -In any instance where the property has an actual or apparent value of -more than $250.00, at least ten days prior to the date of the hearing, -notice of the hearing shall be sent by first class mail to each owner at -his address as listed in the application. -If the owner of any property with an actual or apparent value exceeding -$500.00 is unable to be served notice by certified mail, notice shall be -provided by one publication in a newspaper of general circulation in the -county. -The notice shall contain a brief description of the property or money or -legal tender of the owner and the place and date of the hearing. -The notice shall be posted at the assigned place for the posting of city -notices, and at two other public places in the city. -.IP " 5." 4 -If no owner appears and establishes ownership to the property at the -hearing, the court shall enter an order authorizing the chief of police -to dispose of the property as follows: -.RS 4 -.IP " 1." 4 -Donate the property having value of less than $500.00 to a -not-for-profit corporation as defined in 18 O.S. -for use by needy families; -.IP " 2." 4 -Sell the personal property for cash to the highest bidder, after at -least five days\[aq] notice of the sale has been published; -.IP " 3." 4 -Transfer the property to a third-party agent under contract with the -governing body or the chief of police for sale by Internet or other -electronic means, regardless of whether the sale structure or -distribution site is within the state; or -.IP " 4." 4 -By any other means as determined appropriate by the court, including, -but not limited to, destruction. -.br -Regardless of the means of disposition, the chief of police shall make a -return of the donation or sale and the order of the court confirming the -donation or sale shall vest title to the property in the recipient or -purchaser. -After payment of court costs and other expenses, the remainder of money -received from the sale of the personal property shall be deposited in -the city general fund. -.RE -.IP " 6." 4 -All money or legal tender of the United States, except as provided in -subsection (B) of this section, which has come into the possession of -the police chief pursuant to the circumstances provided for in -subsection (A) of this section, shall be transferred by the police chief -to the city clerk for deposit in the general fund. -Prior to any such transfer, the police chief shall file an application -in the district court requesting the court to enter an order authorizing -him to transfer the money for deposit in the general fund. -The application shall describe the money or legal tender, any serial -numbers, the date the same came into his possession, and the name of the -owner and his address, if known. -Upon filing the application which may be joined with an application as -described in subsection (C) of this section, a hearing shall be set not -less than ten days nor more than 20 days from the filing of the -application. -Notice of the hearing shall be given as provided for in subsection (D) -of this section. -The notice shall state that upon failure of anyone to appear to prove -ownership to the money or legal tender, the court shall order the same -to be deposited in the general fund. -The notice may be combined with a notice to sell personal property as -provided for in subsection (B) of this section. -If no one appears to claim and prove ownership to the money or legal -tender at the hearing, the court shall order the same to be transferred -to the general fund as provided in this subsection. -.IP " 7." 4 -The provisions of this section shall not apply to any dangerous or -deadly weapons, narcotic or poisonous drugs, explosives, or any property -of any kind or character, which the possession of is prohibited by law, -nor to any property for which a specific procedure is otherwise -established by law, ordinance or proper order. -By order of the trial court, any such property filed as an exhibit or -held by the city shall be destroyed or sold or disposed of, pursuant to -the conditions prescribed in such order. -.IP " 8." 4 -Property authorized to be destroyed herein or by state or other law, or -which cannot be sold or used by the city, shall be destroyed on order of -the police chief. -The destruction of personal property must be witnessed by at least three -members of the police department who must sign a certificate of -destruction listing all property destroyed, a general description of -same, and the date, time, place and manner of such destruction. -.LP -(Prior Code, § 18-47, in part; Code 1999, § 7-802; Ord. -No. -435(03), 12-1-2003) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 34-104. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-803_Seized_Illegal_Alcohol_And_Gambling_Paraphernalia" -A "\c" \ - -- "Sec 7-803 Seized Illegal Alcohol And Gambling Paraphernalia" -\& -.LP -The disposition of seized illegal alcohol and gambling paraphernalia -shall be as provided in 22 O.S. -§§ 1261\[em]1264. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-804_Property_Of_Deceased_Persons" -A "\c" \ - -- "Sec 7-804 Property Of Deceased Persons" -\& -.LP -The personal property of a deceased person shall be delivered only to -the next of kin of such person or to the legally appointed -representative of his estate. -If the personal property is claimed by the legally appointed -representative of the estate of the deceased, a certified copy of the -order of the district court appointing such person shall be deemed -sufficient authority to support the claim. -If the personal property is claimed by the next of kin, the claimant -shall furnish an affidavit to the effect that he is the person entitled -to possession of the property; the affidavit shall be deemed sufficient -authority to support the claim. -If personal property of a deceased person remains unclaimed for a period -of 90 days, it shall be disposed of in the appropriate manner provided -in this chapter. -.PP -(Prior Code, § 18-47, in part; Code 1999, § 7-805) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-805_Exchange_Of_Unclaimed_Or_Confiscated_Weapons" -A "\c" \ - -- "Sec 7-805 Exchange Of Unclaimed Or Confiscated Weapons" -\& -.IP " 1." 4 -Unclaimed or confiscated weapons which have been in the possession of -the police department for 120 days or more may be traded by the police -chief or his designee, for new weapons for use by the police department. -The unclaimed or confiscated weapons may only be traded to such gun -dealers who have complied with applicable state and federal regulations -concerning firearms and, in the opinion of the police chief or his -designee, are reputable. -.IP " 2." 4 -In trading such unclaimed or confiscated weapons, the police chief or -his designee shall advertise for bids for such trade. -Such advertisement for bids shall be done in accordance with prevailing -and established bid procedure as formulated by the purchasing entity of -the city. -.IP " 3." 4 -The value of such unclaimed and confiscated weapons as hereinabove -discussed shall in all cases be determined by their fair market value of -the new weapons received in such trade. -.LP -(Code 1999, § 7-806) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-806_Recovery_By_Owner" -A "\c" \ - -- "Sec 7-806 Recovery By Owner" -\& -.LP -If any property is sold as herein provided, and the owner thereof takes -and recovers possession of same from the purchaser, the amount paid -therefor shall be returned to the purchaser, upon verified claim being -submitted and approved by the police chief. -.PP -(Prior Code, § 18-47, in part; Code 1999, § 7-807) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_8_HEALTH_AND_NUISANCES" -A "\c" \ - -- "PART 8 HEALTH AND NUISANCES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-1_NUISANCES_AND_HEALTH_GENERALLY" -A "\c" \ - -- "CHAPTER 8-1 NUISANCES AND HEALTH GENERALLY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-2_WEEDS,_GRASS_AND_TRASH" -A "\c" \ - -- "CHAPTER 8-2 WEEDS, GRASS AND TRASH" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-3_DILAPIDATED_BUILDINGS" -A "\c" \ - -- "CHAPTER 8-3 DILAPIDATED BUILDINGS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-4_ABANDONED,_JUNK_VEHICLES" -A "\c" \ - -- "CHAPTER 8-4 ABANDONED, JUNK VEHICLES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-5_LITTER_AND_TRASH" -A "\c" \ - -- "CHAPTER 8-5 LITTER AND TRASH" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-6_FOOD_AND_MILK_REGULATIONS" -A "\c" \ - -- "CHAPTER 8-6 FOOD AND MILK REGULATIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-7_SMOKING_IN_PUBLIC_PLACES_AND_INDOOR_WORKPLACES" -A "\c" \ - -- "CHAPTER 8-7 SMOKING IN PUBLIC PLACES AND INDOOR WORKPLACES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-8_PUBLIC_BATHING/TANNING" -A "\c" \ - -- "CHAPTER 8-8 PUBLIC BATHING/TANNING" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-9_ENFORCEMENT" -A "\c" \ - -- "CHAPTER 8-9 ENFORCEMENT" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-10_GRAFFITI" -A "\c" \ - -- "CHAPTER 8-10 GRAFFITI" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-11_EXTERIOR_PROPERTY_MAINTENANCE" -A "\c" \ - -- "CHAPTER 8-11 EXTERIOR PROPERTY MAINTENANCE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-12_MEDICAL_MARIJUANA" -A "\c" \ - -- "CHAPTER 8-12 MEDICAL MARIJUANA" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-13_MULTI-FAMILY_CODE" -A "\c" \ - -- "CHAPTER 8-13 MULTI-FAMILY CODE" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Nuisances generally, 50 O.S. -§ 1 et seq.; power of city to summarily abate, 50 O.S. -§ 16. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-1_NUISANCES_AND_HEALTH_GENERALLY" -A "\c" \ - -- "CHAPTER 8-1 NUISANCES AND HEALTH GENERALLY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-101_Definitions" -A "\c" \ - -- "Sec 8-101 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-102_Agricultural_Exemption" -A "\c" \ - -- "Sec 8-102 Agricultural Exemption" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-103_Certain_Public_Nuisances_Defined" -A "\c" \ - -- "Sec 8-103 Certain Public Nuisances Defined" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-104_Nuisance_Prohibited" -A "\c" \ - -- "Sec 8-104 Nuisance Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-105_Person_Responsible_For_Continuing_Nuisance" -A "\c" \ - -- "Sec 8-105 Person Responsible For Continuing Nuisance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-106_Time_Does_Not_Legalize_Nuisance" -A "\c" \ - -- "Sec 8-106 Time Does Not Legalize Nuisance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-107_Remedies_Against_Public_Nuisances" -A "\c" \ - -- "Sec 8-107 Remedies Against Public Nuisances" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-108_Remedies_Against_Private_Nuisances" -A "\c" \ - -- "Sec 8-108 Remedies Against Private Nuisances" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-109_City_Has_Power_To_Define_And_Summarily_Abate_Nuisance" -A "\c" \ - -- "Sec 8-109 City Has Power To Define And Summarily Abate Nuisance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-110_Summary_Abatement_Of_Nuisances" -A "\c" \ - -- "Sec 8-110 Summary Abatement Of Nuisances" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-111_Health_Nuisances;_Abatement" -A "\c" \ - -- "Sec 8-111 Health Nuisances; Abatement" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-112_City_Actions_Not_To_Jeopardize_Private_Action" -A "\c" \ - -- "Sec 8-112 City Actions Not To Jeopardize Private Action" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-113_Escape_Of_Water_Prohibited" -A "\c" \ - -- "Sec 8-113 Escape Of Water Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-114_Open_Burning_Prohibited" -A "\c" \ - -- "Sec 8-114 Open Burning Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-115_Abatement_By_Suit_In_District_Court" -A "\c" \ - -- "Sec 8-115 Abatement By Suit In District Court" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-116_Procedure_Cumulative" -A "\c" \ - -- "Sec 8-116 Procedure Cumulative" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-117_Toilet_Facilities_Required" -A "\c" \ - -- "Sec 8-117 Toilet Facilities Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-118_Hypodermic_Syringes,_Purchase_Regulated" -A "\c" \ - -- "Sec 8-118 Hypodermic Syringes, Purchase Regulated" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-119_Obstructing_Health_Or_Enforcement_Officer" -A "\c" \ - -- "Sec 8-119 Obstructing Health Or Enforcement Officer" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-120_Outside_Storage_Of_Appliances" -A "\c" \ - -- "Sec 8-120 Outside Storage Of Appliances" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-121_Waste_Stabilization_Lagoons" -A "\c" \ - -- "Sec 8-121 Waste Stabilization Lagoons" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Nuisances generally, 50 O.S. -§ 1 et seq.; power of city to summarily abate, 50 O.S. -§ 16. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-101_Definitions" -A "\c" \ - -- "Sec 8-101 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this subsection, except where the -context clearly indicates a different meaning: -.PP -\f[I]Nuisance\f[R] means unlawfully doing an act, or omitting to perform -a duty, or is any thing or condition which either: -.IP " 1." 4 -Annoys, injures or endangers the comfort, repose, health or safety of -others; -.IP " 2." 4 -Offends decency; -.IP " 3." 4 -Unlawfully interferes with, obstructs or tends to obstruct or render -dangerous for passage, any lake or navigable river, stream, canal or -basin, or any public park, square, street or other public property; or -.IP " 4." 4 -In any way renders other persons insecure in life or in the use of -property. -.LP -\f[I]Private nuisance\f[R] means every nuisance not included the -definition of the term \[dq]public nuisance\[dq] as provided in this -section. -.PP -\f[I]Public nuisance\f[R] means a nuisance which affects at the same -time an entire community or neighborhood, or any considerable number of -persons, or three or more properties under separate ownership in the -vicinity of such nuisance, although the extent of the annoyance or -damage inflicted upon the individuals may be unequal. -.PP -(Prior Code, §§ 12-121, 12-122; Code 1999, § 8-101) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 50 O.S. -§ 1. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-102_Agricultural_Exemption" -A "\c" \ - -- "Sec 8-102 Agricultural Exemption" -\& -.IP " 1." 4 -The following words, terms and phrases, when used in this section, shall -have the meanings ascribed to them in this subsection, except where the -context clearly indicates a different meaning: -.br -.br -\f[I]Agricultural\f[R] \f[I]activities\f[R] includes, but is not limited -to, the growing or raising of horticultural and viticultural crops, -berries, poultry, livestock, aquaculture, grain, mint, hay, dairy -products and forestry activities. -The term \[dq]agricultural activities\[dq] also includes improvements or -expansion to the activities provided for in this definition, including, -but not limited to, new technology, pens, barns, fences, and other -improvements designed for the sheltering, restriction, or feeding of -animal or aquatic life, for storage of produce or feed, or for storage -or maintenance of implements. -If the expansion is part of the same operating facility, the expansion -need not be contiguous. -.br -\f[I]Farmland\f[R] includes, but is not limited to, land devoted -primarily to production of livestock or agricultural commodities. -.br -\f[I]Forestry\f[R] \f[I]activity\f[R] means any activity associated with -the reforesting, growing, managing, protecting and harvesting of timber, -wood and forest products, including, but not limited to, forestry -buildings and structures. -.IP " 2." 4 -Agricultural activities conducted on farm or ranch land, if consistent -with good agricultural practices and established prior to nearby -nonagricultural activities, are presumed to be reasonable and do not -constitute a nuisance unless the activity has a substantial adverse -effect on the public health and safety. -If that agricultural activity is undertaken in conformity with federal, -state and local laws and regulations, it is presumed to be good -agricultural practice and not adversely affecting the public health and -safety. -.IP " 3." 4 -No action for nuisance shall be brought against agricultural activities -on farm or ranch land which has lawfully been in operation for two years -or more prior to the date of bringing the action. -The established date of operation is the date on which an agricultural -activity on farm or ranch land commenced. -The established date of operation for each change is not a separately -and independently established date of operation and commencement of the -expanded activity does not divest the farm or ranch of a previously -established date of operation if: -.RS 4 -.IP " 1." 4 -The physical facilities of the farm or ranch are subsequently expanded -or new technology adopted; -.IP " 2." 4 -The farming or ranching is interrupted for no more than three years; or -.IP " 3." 4 -The farm or ranch participates in a government-sponsored agricultural -program. -.RE -.IP " 4." 4 -In any action for nuisance in which agricultural activities are alleged -to be a nuisance, and which action is found to be frivolous or malicious -by the court, the defendant shall recover the aggregate amount of costs -and expenses determined by the court to have been reasonably incurred in -connection with defending the action, together with a reasonable -attorney fee. -.IP " 5." 4 -This section does not relieve agricultural activities of the duty to -abide by state and federal laws, including, but not limited to, the -Oklahoma Concentrated Animal Feeding Operations Act (2 O.S. -§ 20-40 et seq.) -and the Oklahoma Registered Poultry Feeding Operations Act (2 O.S. -§ 10-9.1 et seq.). -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-103_Certain_Public_Nuisances_Defined" -A "\c" \ - -- "Sec 8-103 Certain Public Nuisances Defined" -\& -.IP " 1." 4 -In addition to other public nuisances declared by other sections of this -Code or law, the following are hereby declared to be public nuisances: -.RS 4 -.IP " 1." 5 -The sale or offering of unwholesome food or drink; or the keeping of a -place where such sales or offerings are made; -.IP " 2." 5 -The sale, offering for sale or furnishing of intoxicating liquor in -violation of the state law or ordinances of the city; or the keeping of -a place where intoxicating liquor is sold, offered for sale, or -furnished in violation of the state law or ordinances of the city; -.IP " 3." 5 -The exposure, display, sale or distribution of obscene pictures, books, -pamphlets, magazines, papers, documents, or objects; or the keeping of a -place where such are exposed, displayed, sold or distributed; -.IP " 4." 5 -The keeping of a place where persons gamble, whether by cards, slot -machines, punchboards or otherwise; -.IP " 5." 5 -The keeping of a place where prostitution, illicit sexual intercourse or -other immoral acts are practiced; -.IP " 6." 5 -The keeping of a place where activities in violation of state law or -ordinance are practiced or carried on; -.IP " 7." 5 -The public exposure of a person having a contagious disease as defined -by applicable health laws and regulations; -.IP " 8." 5 -The continued making of loud or unusual noises, music or sounds, or -strong vibrations which annoy persons of ordinary sensibilities; or the -keeping of an animal which makes such noises; -.IP " 9." 5 -The operation or use of any electrical apparatus or machine which -materially and unduly interferes with radio or television reception by -others; -.IP " 10." 5 -Any use of a street or sidewalk or a place adjacent thereto which causes -crowds of people to gather so as to obstruct traffic on such street or -sidewalk, or which otherwise obstructs traffic thereon, except as may be -authorized by law or ordinances; -.IP " 11." 5 -Permitting water or other liquid to flow, fall or accumulate, or ice or -snow to fall, from any building or structure upon any street or sidewalk -where mosquitoes breed or are likely to breed, or which are so -constructed, formed, conditioned, or situated as to endanger the public -safety; -.IP " 12." 5 -All wells, pools, cisterns, bodies or containers of water in which -mosquitoes breed or are likely to breed, or which are so constructed, -formed, conditioned or situated as to endanger the public safety; -.IP " 13." 5 -Rank weeds or grass, carcasses, accumulations of manure, refuse or other -things which are, or are likely to be, breeding places for flies, -mosquitoes, vermin or disease germs, and the premises on which such -exist; -.IP " 14." 5 -Any building or structure which is dangerous to the public health or -safety because of damage, decay or other condition; -.IP " 15." 5 -Any pit, hole or other thing which is so constructed, formed, -conditioned or situated as to endanger the public safety; -.IP " 16." 5 -Any fire or explosion hazard which endangers the public safety; -.IP " 17." 5 -Any occupation or activity which endangers the public peace, health, -morals, safety or welfare; -.IP " 18." 5 -Permitting bagworms to be upon any trees or other plants within the -city; -.IP " 19." 5 -Permitting foul, noxious or offensive odors to escape from premises; or -unusual quantities of dust or other deleterious substances to escape or -emanate across the property line upon which the same originates; -.IP " 20." 5 -Any stable or other place where animals are kept that may become -obnoxious or annoying to any resident of the city, by reason of any -noise made by the animal therein, or by reason of lack of sanitation; -.IP " 21." 5 -The keeping in violation of section 4-101 et seq., of any dog kennels -within the city for the breeding and raising of dogs that shall become -offensive or annoying to the public by reason of the barking and noise -made by the animals therein contained; -.IP " 22." 5 -Any vault, cesspool or sink used to receive human excrement, slops, -garbage, refuse or other filthy substance; -.IP " 23." 5 -Any pond, slop, trash, refuse, cobs, manure, decayed or decaying -vegetable matter, left, kept or maintained in such condition as to -endanger the public health; -.IP " 24." 5 -The keeping of any hog pen within the limits of the city in violation of -this Code; -.IP " 25." 5 -Every privy or water closet which shall be in an overflowing, leaking or -filthy condition, or in a condition dangerous, injurious or annoying to -the comfort, health and welfare of any resident of the city; -.IP " 26." 5 -Any green or unsalted hides of any animal kept in any exposed or open -place within the limits of the city; -.IP " 27." 5 -Any unclean, foul, leaking or broken or defective ditch, drain, gutter, -slop, garbage or manure barrel, box, grease barrel or other receptacle -in the city; -.IP " 28." 5 -Every building or other structure that shall become unsafe and dangerous -from fire, decay or other cause, or shall become hazardous from fire, by -reason of age, decay or construction, location or other cause, or shall -be detrimental to the health, safety or welfare of the city or its -inhabitants from any cause; -.IP " 29." 5 -Allowing the exterior of buildings and structures to be maintained in -such a manner that their appearance constitutes a blighting influence -for adjoining property. -As used in this subsection, the term \[dq]blighting influence\[dq] shall -mean the maintaining of the exterior of a building or structure in a -condition that, if not corrected, would or could cause surrounding -buildings and structures to become likewise maintained leading to an -overall deterioration of the surrounding area; -.IP " 30." 5 -Failing to remove, allowing to remain or permitting any unsightly -condition commonly referred to as graffiti, which is defined and -prohibited in section 8-1001 et seq. -.IP " 31." 5 -Any tree kept, maintained or not removed in which a limb, branch, stem, -stump or part thereof may cause injury to the property owner/occupant or -any passerby, or may cause damage to any fence, structure, vehicle or -any other property or utilities. -.RE -.IP " 2." 4 -The enumeration in subsection (A) of this section of certain public -nuisances shall be cumulative and not limit other provisions of law or -ordinances defining public or private nuisances either in more general -or more specific terms. -.LP -(Prior Code, § 12-123, in part; Code 1999, § 8-102; Ord. -No. -73(94), 1-3-1994; Ord. -No. -316(01), 3-5-2001; Ord. -No. -621(08), 6-2-2008) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-104_Nuisance_Prohibited" -A "\c" \ - -- "Sec 8-104 Nuisance Prohibited" -\& -.LP -No person shall create or maintain a nuisance within the city or permit -a nuisance to remain on premises under his control within the city. -.PP -(Prior Code, § 12-124; Code 1999, § 8-103) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-105_Person_Responsible_For_Continuing_Nuisance" -A "\c" \ - -- "Sec 8-105 Person Responsible For Continuing Nuisance" -\& -.LP -Every successive owner of property who neglects to abate a continuing -nuisance upon or in the use of such property, created by a former owner, -is liable therefor in the same manner as the person who first created -it. -.PP -(Prior Code, § 12-124; Code 1999, § 8-104) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 50 O.S. -§ 5. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-106_Time_Does_Not_Legalize_Nuisance" -A "\c" \ - -- "Sec 8-106 Time Does Not Legalize Nuisance" -\& -.LP -No lapse of time can legalize a public nuisance amounting to an actual -obstruction of public right. -.PP -(Code 1999, § 8-105) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 50 O.S. -§ 7. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-107_Remedies_Against_Public_Nuisances" -A "\c" \ - -- "Sec 8-107 Remedies Against Public Nuisances" -\& -.LP -The remedies against a public nuisance are: -.IP " 1." 4 -Prosecution on complaint before the municipal court; -.IP " 2." 4 -Prosecution on information or indictment before another appropriate -court; -.IP " 3." 4 -Civil action; or -.IP " 4." 4 -Abatement: -.RS 4 -.IP " 1." 4 -By the person injured as provided in 50 O.S. -§ 12; -.IP " 2." 4 -By the city in accordance with law or ordinance. -.RE -.LP -(Code 1999, § 8-106) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 50 O.S. -§ 5. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-108_Remedies_Against_Private_Nuisances" -A "\c" \ - -- "Sec 8-108 Remedies Against Private Nuisances" -\& -.LP -The remedies against a private nuisance are: -.IP " 1." 4 -Civil action; or -.IP " 2." 4 -Abatement: -.RS 4 -.IP " 1." 4 -By the person injured as provided in 50 O.S. -§§ 14 and 15; or -.IP " 2." 4 -By the city in accordance with law or ordinance. -.RE -.LP -(Code 1999, § 8-107) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 50 O.S. -§ 13. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-109_City_Has_Power_To_Define_And_Summarily_Abate_Nuisance" -A "\c" \ - -- "Sec 8-109 City Has Power To Define And Summarily Abate Nuisance" -\& -.LP -As provided in 50 O.S. -§ 16, the city is empowered to determine what is and what shall -constitute a nuisance within its corporate limits and, for the -protection of the public health, the public parks and the public water -supply, outside of its corporate limits. -Whenever it is practical to do so, the city has the power summarily to -abate any such nuisance after notice to the owner and an opportunity for -him to be heard, if this can be done. -.PP -(Code 1999, § 8-108) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-110_Summary_Abatement_Of_Nuisances" -A "\c" \ - -- "Sec 8-110 Summary Abatement Of Nuisances" -\& -.IP " 1." 4 -Some nuisances are of such nature as to constitute a grave and immediate -danger to the peace, health, safety, morals or welfare of one or more -persons or of the public generally. -It is recognized that circumstances may be such as to justify, and even -to require, the city manager or other appropriate officer or agency of -the city government to take immediate and proper action summarily to -abate such nuisances or to reduce or suspend the danger until more -deliberate action can be taken toward such abatement. -.IP " 2." 4 -An officer subordinate to the city manager may submit to the city -manager a statement as to the existence of a nuisance as defined by the -ordinances of the city or law, and a request or recommendation that it -be abated. -.IP " 3." 4 -The city manager or his designee shall determine if a nuisance exists as -defined by the ordinances of the city or law. -If he finds that a nuisance does in fact exist, he shall direct the -owner or other persons responsible for or causing the nuisance by: -.RS 4 -.IP " 1." 4 -Certified mail; -.IP " 2." 4 -Publication if the owner cannot be so served or found; -.br -to abate the nuisance within a specified time if the peace, health, -safety, morals or welfare of the persons or public adversely affected -would not be unduly jeopardized by the consequent delay. -If such peace, health, safety, morals or welfare would be unduly -jeopardized by the consequent delay, or if the owner or other persons -responsible for or causing the nuisance do not abate it within the -specified time, or if the persons responsible authorize the city to -abate the nuisance, the manager shall direct the appropriate officer to -abate the nuisance or have it abated, if summary abatement is practical, -as authorized by 50 O.S. -§ 16. -The city shall send a statement of the cost of such summary abatement to -the owner or other persons responsible for or causing the nuisance, as -may be just under the circumstances, if their names and addresses are -known. -Until paid, such cost shall constitute a debt to the city collectible as -other debts may be collected. -.RE -.IP " 4." 4 -The determination of the existence of a nuisance and order to abate it, -as made by the city manager, may be appealed by the occupant or owner or -person causing the nuisance by filing a request for hearing in writing -with the city clerk within the period of time specified in the notice -for abatement of the nuisance. -The clerk shall cause the matter to be placed on the agenda of the city -council for final determination with appropriate notice of the hearing -provided to the person requesting the appeal. -.LP -(Prior Code, § 12-125, in part; Code 1999, § 8-109) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-111_Health_Nuisances;_Abatement" -A "\c" \ - -- "Sec 8-111 Health Nuisances; Abatement" -\& -.IP " 1." 4 -Pursuant to authority granted by 63 O.S. -§ 1-1011, the city shall have the authority to order the owner or -occupant of any private premises in the city to remove from such -premises, at his own expense, any source of filth, cause of sickness, -condition conducive to the breeding of insects or rodents that might -contribute to the transmission of disease, or any other condition -adversely affecting the public health, within 24 hours, or within such -other time as may be reasonable. -Such order shall be in writing and may be served personally on the owner -or occupant of the premises, or authorized agent thereof, by the city or -by a police officer, or a copy thereof may be left at the last usual -place of abode of the owner, occupant or agent, if known and within the -state. -If the premises are unoccupied and the residence of the owner, occupant -or agent is unknown or is outside the state, the order may be served by -posting a copy thereof on the premises or by publication in at least one -issue of a newspaper having a general circulation in the city. -.IP " 2." 4 -If the order is not complied with, the city may cause the order to be -executed and complied with, and the cost thereof shall be certified and -the cost of removing or abating such nuisance shall be charged to the -owner or occupant, enforceable as a lien or any other method allowed by -law or ordinance. -.LP -(Prior Code, § 12-151; Code 1999, § 8-110) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-112_City_Actions_Not_To_Jeopardize_Private_Action" -A "\c" \ - -- "Sec 8-112 City Actions Not To Jeopardize Private Action" -\& -.LP -Nothing herein contained shall be construed to abridge the rights of -citizens of the city to bring and maintain actions in the proper courts -for the abatement of private nuisances or those specially injurious to -them. -.PP -(Prior Code, § 12-6; Code 1999, § 8-111) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-113_Escape_Of_Water_Prohibited" -A "\c" \ - -- "Sec 8-113 Escape Of Water Prohibited" -\& -.IP " 1." 4 -No person shall permit or cause the escape or flow of water in such -quantity as to cause flooding, or impede vehicular or pedestrian -traffic, or create a hazardous condition to such traffic, or cause -damage to the public streets of the city. -.IP " 2." 4 -Water from private pools shall be drained or disposed of in such manner -as to not run on adjacent property, and if not directly connected to the -sanitary sewer system, private pools shall be drained into a sanitary -sewer cleanout. -If a sanitary sewer cleanout is not available, the private pool shall be -pumped into a container truck and disposed of properly. -In no way shall chlorinated or unclean pool water, including water with -algae, chemicals, or dirt or sediment, be allowed to drain into the -storm sewer system, creeks, or drainage channels. -.LP -(Code 1999, § 8-112; Ord. -No. -590(07), 6-18-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-114_Open_Burning_Prohibited" -A "\c" \ - -- "Sec 8-114 Open Burning Prohibited" -\& -.LP -It is unlawful to burn any fire outside of any enclosed building in the -city for the purpose of burning grass, trash, leaves, weeds, papers, -refuse, garbage or any other substance, except in an approved -incinerator and except as may be allowed by the city fire code and any -applicable state or city regulations. -.PP -(Code 1999, § 8-113) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-115_Abatement_By_Suit_In_District_Court" -A "\c" \ - -- "Sec 8-115 Abatement By Suit In District Court" -\& -.LP -In cases where it is deemed impractical summarily to abate a nuisance, -the city may bring suit in the district court. -.PP -(Prior Code, § 12-6, in part; Code 1999, § 8-114) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-116_Procedure_Cumulative" -A "\c" \ - -- "Sec 8-116 Procedure Cumulative" -\& -.LP -The procedures for abating nuisances prescribed by this chapter and by -other provisions of law and ordinance shall be cumulative one to the -other. -The city may elect to follow any such procedure which is applicable in -abating any particular nuisance. -.PP -(Prior Code, § 12-5; Code 1999, § 8-115) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-117_Toilet_Facilities_Required" -A "\c" \ - -- "Sec 8-117 Toilet Facilities Required" -\& -.IP " 1." 4 -The following words, terms and phrases, when used in this section, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.br -\f[I]Human excrement\f[R] means the bowel and kidney discharge of human -beings. -.br -\f[I]Sanitary pit privy\f[R] means a waterless privy which is built, -rebuilt or constructed so as to conform with the specifications approved -by the state health department. -.br -\f[I]Sanitary water closet\f[R] means the flush type toilet which is -connected with a sanitary sewer line of such capacity and construction -as to carry away the contents at all times. -.IP " 2." 4 -Every owner of a residence or other building in which humans reside, are -employed or congregate within the city shall install, equip and maintain -adequate sanitary facilities for the disposal of human excrement by use -of a sanitary water closet or a sanitary pit privy. -The closets and toilets hereby required shall be of the sanitary water -closet type when located within 200 feet of a sanitary sewer and -accessible thereto and of the sanitary water closet type -(notwithstanding a greater distance from a sanitary sewer) or the water -closet type emptying into a septic tank system or the pit privy type. -A septic tank system or a pit privy may be used in such cases only if it -meets the standards of and is approved by the state health department. -.IP " 3." 4 -All human excrement disposed of within the city shall be disposed of by -depositing it in closets and privies of the type provided for in this -section. -It is unlawful for any owner of property within the city to permit the -disposal of human excrement thereon in any other manner, or for any -person to dispose of human excrement within the city in any other -manner. -.IP " 4." 4 -All privies shall be kept clean and sanitary at all times, and the -covers of the seats of privies shall be kept closed at all times when -the privies are not being used. -No wash water, kitchen slop or anything other than human excrement and -toilet paper shall be emptied into a privy. -No excrement from any person suffering from typhoid fever, dysentery or -other serious bowel disease shall be deposited in any sanitary pit privy -or sanitary water closet until it is disinfected in such a manner as may -be prescribed by the health officer. -.IP " 5." 4 -All facilities for the disposal of human excrement in a manner different -from that required by this section and all privies and closets so -constructed, situated or maintained as to endanger the public health are -hereby declared to be public nuisances, and may be dealt with and abated -as such. -Any person maintaining any such nuisance is guilty of an offense and -each day upon which any such nuisance continues is a separate offense. -.LP -(Code 1999, § 8-116) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-118_Hypodermic_Syringes,_Purchase_Regulated" -A "\c" \ - -- "Sec 8-118 Hypodermic Syringes, Purchase Regulated" -\& -.IP " 1." 4 -No person may sell a hypodermic syringe of any type to any person, -company, hospital, medical facility or other organization or pharmacist -not licensed for the medical treatment of people, animals or fowl or -licensed to sell drugs or medical supplies at retail without first -requiring identification of the purchaser and production by the -purchaser of a certificate of need or a prescription for the purchase of -the hypodermic syringe from a licensed physician, surgeon, or official -of a state, county, or city-county health department, and if the need is -for use of the hypodermic syringe with animals or fowl the certificate -or prescription may be from a doctor of veterinary medicine. -.IP " 2." 4 -The seller shall maintain a record of such sales, including the person -to whom the hypodermic syringe was sold, the address of the buyer, the -date of sale and the number of hypodermic syringes sold. -.IP " 3." 4 -The records required by this section shall be kept open at all times to -the inspection of the chief of police or his deputy, to any officer of -the police department, or to any other person so authorized in writing -by the chief of police or a court of competent jurisdiction. -.IP " 4." 4 -Any person who uses a disposable syringe shall, immediately after use of -such syringe, destroy it or render it inoperable so that such used -syringe cannot be used again by any other person. -.IP " 5." 4 -Any person who uses a permanent type needle or syringe shall, -immediately after final use of such needle or syringe, destroy the -needle or syringe rendering it inoperable so that such needle or syringe -cannot be used again by any other person. -.IP " 6." 4 -Every article sold and every day a sale is conducted in violation of -this section shall constitute a separate offense. -.LP -(Prior Code, § 12-3; Code 1999, § 8-117) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-119_Obstructing_Health_Or_Enforcement_Officer" -A "\c" \ - -- "Sec 8-119 Obstructing Health Or Enforcement Officer" -\& -.LP -It is unlawful for any person to willfully obstruct or interfere with -any health officer or other code enforcement officer charged with the -enforcement of the health or nuisance laws of the city. -.PP -(Prior Code, § 12-4; Code 1999, § 8-118) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-120_Outside_Storage_Of_Appliances" -A "\c" \ - -- "Sec 8-120 Outside Storage Of Appliances" -\& -.IP " 1." 4 -It is unlawful and an offense for any person to leave outside of any -building or dwelling any range, stove, oven, ice box, refrigerator, -washer, dryer, plumbing fixture, such as, but not limited to, bathtubs, -sinks, and toilets, or other container of any kind of a capacity of 1½ -cubic feet or more. -.IP " 2." 4 -The use of said aforementioned items for a purpose different than its -original use shall not operate to change the use from its originally -intended purpose. -.LP -(Code 1999, § 8-119; Ord. -No. -465, 10-3-1988; Ord. -No. -514(05), 8-15-2005; Ord. -No. -587(07), 5-21-2007) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. -§ 1208. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-121_Waste_Stabilization_Lagoons" -A "\c" \ - -- "Sec 8-121 Waste Stabilization Lagoons" -\& -.IP " 1." 4 -\f[I]Definition.\f[R] A waste stabilization lagoon is a structure -specifically designed to treat liquid organic wastes by biological, -chemical and physical processes commonly referred to as natural -self-purification. -It is normally a relatively shallow, diked structure and may receive -either raw or pretreated wastes. -The satisfactory operation of the process depends upon the growth of -algae and like organisms for the production of oxygen through -photosynthesis; therefore, conditions must be maintained which are -conducive to the growth of algae, such as proper water depth, sufficient -dissolved oxygen, and maximum penetration of sunlight. -.IP " 2." 4 -\f[I]Construction.\f[R] -.RS 4 -.IP " 1." 4 -No waste stabilization lagoons shall be installed or constructed within -the limits of the city until and unless the city council has approved -the proposal for such construction and installation. -The review herein contemplated to be made by the council shall consist -of, but not necessarily limited to, the following matters: -.RS 4 -.IP " 1." 4 -The location of the lagoon site; -.IP " 2." 4 -Its proximity to residential areas; -.IP " 3." 4 -A consideration of the effect on the surrounding area if the lagoon -breaks or its proper operation is interrupted for any cause; -.IP " 4." 4 -The effect of such lagoon on surrounding property values; -.IP " 5." 4 -If the lagoon is not a full retention lagoon, the direction of flow and -ultimate disposition of the effluent from overflow. -.RE -.IP " 2." 4 -If city council approves a proposed waste stabilization lagoon, -construction and installation shall comply with the state department of -environmental quality regulations. -.RE -.LP -(Code 1999, § 8-120; Ord. -No. -267(99), 11-15-1999) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-2_WEEDS,_GRASS_AND_TRASH" -A "\c" \ - -- "CHAPTER 8-2 WEEDS, GRASS AND TRASH" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-201_Definitions" -A "\c" \ - -- "Sec 8-201 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-202_Accumulation_Of_Trash_Or_Weeds;_Unlawful,_Nuisance" -A "\c" \ - -- "Sec 8-202 Accumulation Of Trash Or Weeds; Unlawful, Nuisance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-203_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property" -A "\c" \ - -- "Sec 8-203 Same; Duty Of Owner, Occupant To Maintain Private Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-204_Same;_Reports_Of_Accumulation_On_Property" -A "\c" \ - -- "Sec 8-204 Same; Reports Of Accumulation On Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-205_Same;_Receipt_Of_Report,_Hearing_And_Notice" -A "\c" \ - -- "Sec 8-205 Same; Receipt Of Report, Hearing And Notice" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-206_Same;_Abatement_By_City,_Selection_Of_Contractors" -A "\c" \ - -- "Sec 8-206 Same; Abatement By City, Selection Of Contractors" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-207_Same;_Summary_Abatement_Of_Subsequent_Accumulations" -A "\c" \ - -- "Sec 8-207 Same; Summary Abatement Of Subsequent Accumulations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-208_Same;_Determination_And_Assessment_Of_Costs" -A "\c" \ - -- "Sec 8-208 Same; Determination And Assessment Of Costs" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-209_Same;_Lien_On_The_Property,_Civil_Remedy" -A "\c" \ - -- "Sec 8-209 Same; Lien On The Property, Civil Remedy" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-210_Dead_Or_Diseased_Trees;_Allowing_To_Remain_On_Any_Lot_Within_The_City" -A "\c" \ - -- "Sec 8-210 Dead Or Diseased Trees; Allowing To Remain On Any Lot Within The City" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-211_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property" -A "\c" \ - -- "Sec 8-211 Same; Duty Of Owner, Occupant To Maintain Private Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-212_Same;_Reports" -A "\c" \ - -- "Sec 8-212 Same; Reports" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-213_Same;_Receipt_Of_Report,_Hearing_And_Notice" -A "\c" \ - -- "Sec 8-213 Same; Receipt Of Report, Hearing And Notice" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-214_Same;_Abatement_By_City" -A "\c" \ - -- "Sec 8-214 Same; Abatement By City" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-215_Same;_Determination_And_Assessment_Of_Costs" -A "\c" \ - -- "Sec 8-215 Same; Determination And Assessment Of Costs" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-216_Same;_Lien_On_The_Property,_Civil_Remedy" -A "\c" \ - -- "Sec 8-216 Same; Lien On The Property, Civil Remedy" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Cleaning and mowing of property, 11 -O.S. -§ 22-111. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-201_Definitions" -A "\c" \ - -- "Sec 8-201 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Administrative officer\f[R] means the community development -director or his designee. -.PP -\f[I]Owner\f[R] means the owner of record as shown by the most current -tax rolls of the county treasurer. -.PP -\f[I]Trash\f[R] means any refuse, litter, ashes, leaves, debris, paper, -combustible materials, rubbish, offal, waste, or matter of any kind or -form which is uncared for, discarded or abandoned. -.PP -\f[I]Weed\f[R]. -.IP " 1." 4 -The term \[dq]weed\[dq] includes, but is not limited to, poison ivy, -poison oak or poison sumac and all vegetation at any stage of maturity -which: -.RS 4 -.IP " 1." 4 -Exceeds 12 inches in height, except healthy trees, shrubs or produce for -human consumption or grown in a tended and cultivated garden, unless -such trees and shrubbery by their density or location constitute a -detriment to the health, benefit and welfare of the public and community -or a hazard to traffic or create a fire hazard to the property or -otherwise interfere with the mowing of the weeds; -.IP " 2." 4 -Regardless of height, harbors, conceals or invites deposits or -accumulation of refuse or trash; -.IP " 3." 4 -Harbors rodents or vermin; -.IP " 4." 4 -Gives off unpleasant or noxious odors; -.IP " 5." 4 -Constitutes a fire or traffic hazard; or -.IP " 6." 4 -Is dead or diseased. -.RE -.IP " 2." 4 -The term \[dq]weed\[dq] does not include tended crops on land zoned for -agricultural use which are planted more than 150 feet from a parcel -zoned for other than agricultural use. -.LP -(Code 1999, § 8-201; Ord. -No. -453, 7-18-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-202_Accumulation_Of_Trash_Or_Weeds;_Unlawful,_Nuisance" -A "\c" \ - -- "Sec 8-202 Accumulation Of Trash Or Weeds; Unlawful, Nuisance" -\& -.IP " 1." 4 -It is unlawful and a nuisance for any owner or occupant of any lot, -tract or parcel of land situated wholly or in part within the corporate -limits of the city to allow trash or weeds to grow, stand or accumulate -upon such premises, or along the sidewalk, street or improved alleys -adjacent to such premises. -It is the duty of such owner or occupant to cut, remove or destroy any -such weeds and remove any such trash. -.IP " 2." 4 -No owner or occupant of land or lots shall: -.RS 4 -.IP " 1." 4 -Knowingly permit the throwing or dumping upon his premises of any -refuse, rubbish or trash; or -.IP " 2." 4 -Permit such materials to remain on his premises for more than ten days -after being notified to remove them by the city or the county health -department whether or not the owner or occupant knew of or permitted -such throwing or depositing. -.RE -.IP " 3." 4 -In addition to a penalty for violation of this section or section 8-203, -the city may abate as a public nuisance any condition prohibited herein -pursuant to this chapter, any other law or ordinance, all of which shall -be cumulative. -.LP -(Code 1999, § 8-202; Ord. -No. -537, 9-4-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-203_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property" -A "\c" \ - -- "Sec 8-203 Same; Duty Of Owner, Occupant To Maintain Private Property" -\& -.LP -No person owning, leasing, occupying or having charge of any private -property or premises shall maintain or keep any refuse, rubbish, trash -or similar material except dirt thereon; nor shall such person allow the -accumulation of any such material; nor shall any such person keep or -maintain such premises in a manner causing substantial diminution in the -value of other property in the neighborhood in which the premises are -located. -No prosecution may be undertaken under this section until such person -shall have been given ten days\[aq] notice by the city of the condition -and an order to fully abate the alleged deficiency. -.PP -(Code 1999, § 8-203; Ord. -No. -537, 9-4-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-204_Same;_Reports_Of_Accumulation_On_Property" -A "\c" \ - -- "Sec 8-204 Same; Reports Of Accumulation On Property" -\& -.LP -Any officer or employee of the city who discovers an accumulation of -trash or the growth of grass and weeds, or both these conditions, upon -any premises within the limits of the city, shall report the condition -to the administrative officer if, as a result of the accumulation or -growth, the premises appear to be: -.IP " 1." 4 -Detrimental to the health, benefit and welfare of the public and the -community; -.IP " 2." 4 -A hazard to traffic; -.IP " 3." 4 -A fire hazard to property; or -.IP " 4." 4 -Any two or more of these conditions. -.LP -(Code 1999, § 8-204; Ord. -No. -453, 7-18-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-205_Same;_Receipt_Of_Report,_Hearing_And_Notice" -A "\c" \ - -- "Sec 8-205 Same; Receipt Of Report, Hearing And Notice" -\& -.IP " 1." 4 -Upon determination that a nuisance or violation section 8-202 exists, -the administrative officer shall give written notice of the finding and -direct the owner or occupant to abate the condition within ten days. -However, the administrative officer may grant additional time as deemed -to be reasonable for the cutting, removal or destruction of weeds or -trash. -.IP " 2." 4 -The written notice in subsection (A) of this section shall be sent by -mail to the occupant or owner of the property at the address shown by -the current year\[aq]s tax rolls in the office of the treasurer of the -county in which the property is located. -If the property owner cannot be located, notice may be given by posting -a copy of the notice on the property or by publication as provided in 11 -O.S. -§ 1-102 one time not less than ten days prior to any hearing or action -by the city. -At the time of mailing of notice to the owner or occupant, the city -shall obtain a receipt of mailing from the postal service, which receipt -shall indicate the date of mailing and the name and address of the -mailee. -.IP " 3." 4 -If the city anticipates summary abatement as provided in section 8-207, -the notice shall contain further language as required by state law as to -possible future summary abatement action which may be taken by the city. -.IP " 4." 4 -The owner or occupant may give written consent, authorizing the city to -abate the nuisance. -Such consent shall waive the right of the owner or occupant to a hearing -under subsections (E) through (G) of this section. -.IP " 5." 4 -At any time within ten days after the date of mailing, posting or -publication of the notice required in this section, the owner or -occupant may request, in writing addressed to the administrative -officer, a hearing for the purpose of contesting the determination that -a nuisance exists on the property. -The administrative officer shall conduct a hearing as soon as -practicable but not earlier than ten days after receipt of the -owner\[aq]s request for such hearing, and not later than 15 days after -such receipt. -At such hearing such owner shall have the right to be represented by -counsel, to present testimony, other evidence and arguments, and to -cross examine witnesses. -All testimony shall be taken under oath. -If the director, after such hearing, shall determine that any weeds or -trash constitute a nuisance which is immediately detrimental to the -health or a fire or traffic hazard on such property, and shall determine -that the persons requesting such hearing are owners of the property upon -which such nuisance is located, he shall file in writing his findings of -fact and his order that such nuisance be abated within ten days, and -shall cause such findings and order to be served upon such owner at the -conclusion of the hearing. -If the nuisance has not been abated following fifth day, a citation will -be issued to the owner or occupant pursuant to section 8-202. -.IP " 6." 4 -An appeal from a final order of the director made pursuant to the -provisions of this chapter may be had by any person aggrieved thereby by -filing with the court clerk within five days from the date of the -director\[aq]s final order a written notice of appeal. -The court clerk shall thereupon set the matter for a hearing before the -municipal judge, and shall notify the appellant by registered mail of -the time and date when the matter will be heard. -Upon the filing of the notice of appeal, the director shall forthwith -transmit to the court clerk all records and orders pertaining thereto. -.IP " 7." 4 -The municipal judge, after hearing the matter in a summary manner, may -sustain, reverse, or modify the order of the director. -The court\[aq]s review shall be limited to a review of the finding of -facts and order of the administrative officer to determine if the -provisions of this chapter have been complied with. -.LP -(Code 1999, § 8-205; Ord. -No. -453, 7-18-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-206_Same;_Abatement_By_City,_Selection_Of_Contractors" -A "\c" \ - -- "Sec 8-206 Same; Abatement By City, Selection Of Contractors" -\& -.IP " 1." 4 -In the event that: -.RS 4 -.IP " 1." 4 -No hearing shall have been requested as provided for in this chapter; -.IP " 2." 4 -The administrative officer or municipal judge, after such hearing, shall -have ordered such nuisance to be abated; and -.IP " 3." 4 -Such nuisance shall not have been abated within the respective period -specified; -the administrative officer may cause such nuisance to be abated -forthwith by directing the city\[aq]s successful contract bidder to cut, -mow, or clear the property or abate, remove or destroy the nuisance, in -as many instances as may be necessary for continual abatement of the -nuisance, and shall cause a citation to be issued and a complaint to be -filed through the city attorney against such owner in municipal court -for the violation of this Code. -.RE -.IP " 2." 4 -The administrative officer shall prepare appropriate specifications and -advertise for bids, in the manner prescribed by law, and, with city -council approval, shall award a contract for one year to the lowest and -best bidder to cut, mow or clean property. -The cost of abating such nuisance, in each and every instance where it -is abated, shall be borne by the property owner, and shall be assessed -as provided in this chapter. -.LP -(Code 1999, § 8-206; Ord. -No. -453, 7-18-1988; Ord. -No. -198(97), 7-21-1997) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-207_Same;_Summary_Abatement_Of_Subsequent_Accumulations" -A "\c" \ - -- "Sec 8-207 Same; Summary Abatement Of Subsequent Accumulations" -\& -.LP -If the city causes property within the corporate limits to be cleaned of -trash and weeds in accordance with the procedures provided for in this -chapter, any subsequent accumulations of trash or weeds on the property -within a six-month period may be declared a nuisance and may be -summarily abated without prior notice to the property owner. -At the time of such summary abatement the city clerk shall notify the -property owner of the abatement and of the costs thereof. -The notice shall state that the property owner may request a hearing -within ten days from the date of mailing the notice. -The notice and hearing shall be as provided in section 8-205. -Unless otherwise determined at the hearing, the cost of such abatement -shall be determined and collected as hereinafter provided. -This section shall not apply if the records of the county clerk show -that the property was transferred after notice was given pursuant to -section 8-205. -.PP -(Code 1999, § 8-207) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-208_Same;_Determination_And_Assessment_Of_Costs" -A "\c" \ - -- "Sec 8-208 Same; Determination And Assessment Of Costs" -\& -.LP -Upon the completion of the work ordered to be performed under section -8-205, the administrative officer shall certify the actual and necessary -cost required to be expended in the abatement of the nuisance, together -with such administrative expense for mailing of notices and other -allowable costs, with a demand for payment of the total cost, and -forward it by mail to: -.IP " 1." 4 -The occupant or owner of the property at the address shown by the -current tax rolls in the office of the treasurer of the country in which -the property lies; or -.IP " 2." 4 -To the address given by the person giving his written consent or -requesting the appeal as provided in section 8-205(b). -.LP -(Code 1999, § 8-208; Ord. -No. -453, 7-18-1988; Ord. -No. -376(02), 7-15-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-209_Same;_Lien_On_The_Property,_Civil_Remedy" -A "\c" \ - -- "Sec 8-209 Same; Lien On The Property, Civil Remedy" -\& -.LP -If the costs of the work performed under this chapter are not paid -within 30 days from the date of mailing the notice prescribed by section -8-208, the clerk shall forward a certified statement of the amount of -the costs to the county treasurer of the county in which the property -upon which the work was done is located, in order that the amount be -levied upon the property and be collected by the county treasurer in the -manner prescribed by the law of the state. -Until fully paid, the cost and the interest thereon shall be the -personal obligation of the property owner and a lien against the -property as provided by law. -The lien on the property is coequal with the lien of ad valorem taxes -and all other taxes and special assessments and prior and superior to -all other titles and liens against the property. -The lien shall continue until the cost is fully paid. -At any time prior to collection as provided in this section the city may -pursue any civil remedy for collection of the amount owing and interest -thereon, including an action in personam against the property owner and -an action in rem to foreclose its lien against the property. -Upon receiving payment, in full, the clerk shall forward to the county -treasurer a notice of such payment and directing discharge of the lien. -.PP -(Code 1999, § 8-209; Ord. -No. -453, 7-18-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-210_Dead_Or_Diseased_Trees;_Allowing_To_Remain_On_Any_Lot_Within_The_City" -A "\c" \ - -- "Sec 8-210 Dead Or Diseased Trees; Allowing To Remain On Any Lot Within The City" -\& -.LP -It is unlawful for any owner or occupant of any lot, tract or parcel of -land situated wholly or in part within the corporate limits of the city -to allow a dead or diseased tree to stand upon such premises, or along -the sidewalk, street or improved alleys adjacent to such premises. -It is the duty of such owner or occupant to remove said dead or diseased -tree which shall be cumulative. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf" -A "\c" \ - -- "812(16)" -\& on 5/2/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-211_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property" -A "\c" \ - -- "Sec 8-211 Same; Duty Of Owner, Occupant To Maintain Private Property" -\& -.LP -No person owning, leasing, occupying or having charge of any private -property or premises shall maintain or allow any dead or diseased tree -thereon in the neighborhood in which the premises are located. -No prosecution may be undertaken under this section until such person -shall have been given 45 days\[aq] notice by the city of the condition -and an order to fully abate the alleged deficiency by removal of the -dead or diseased tree. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf" -A "\c" \ - -- "812(16)" -\& on 5/2/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-212_Same;_Reports" -A "\c" \ - -- "Sec 8-212 Same; Reports" -\& -.LP -Any officer or employee of the city who discovers a dead or diseased -tree upon any premises within the limits of the city shall report the -condition to the community development director or his designee. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf" -A "\c" \ - -- "812(16)" -\& on 5/2/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-213_Same;_Receipt_Of_Report,_Hearing_And_Notice" -A "\c" \ - -- "Sec 8-213 Same; Receipt Of Report, Hearing And Notice" -\& -.IP " 1." 4 -Upon determination that a violation of section 8-210 exists, the -administrative officer shall give written notice of the finding and -direct the owner or occupant to abate the condition by removing the dead -or diseased tree within 45 days. -The administrative officer may grant additional time as deemed to be -reasonable for the cutting, removal or destruction of the dead or -diseased tree. -.IP " 2." 4 -The written notice in subsection (A) of this section shall be sent by -certified mail to the occupant or owner of the property at the address -shown by the current year\[aq]s tax rolls in the office of the treasurer -of the county in which the property is located. -If the property owner cannot be located, notice may be given by posting -a copy of the notice on the property or by publication as provided in 11 -O.S. -§ 1-102, one time not less than ten days prior to any hearing or action -by the city. -At the time of mailing of notice to the owner or occupant, the city -shall obtain a receipt of mailing from the postal service, which receipt -shall indicated the date of mailing and the name and address of the -mailer. -.IP " 3." 4 -The owner or occupant may give written consent, authorizing the city to -abate the dead or diseased tree. -Such consent shall waive the right of the owner or occupant to a hearing -under subsection (D) of this section. -.IP " 4." 4 -At any time within ten days after the date of mailing, posting or -publication of the notice required in this section, the owner or -occupant may request, in writing addressed to the community development -director or his designee, a hearing for the purpose of contesting the -determination that a dead or diseased tree exists on the property. -The community development director or designee shall conduct a hearing -as soon as practicable but not earlier than five days after receipt of -the owner\[aq]s request for such hearing, and not later than 15 days -after such receipt. -At such hearing said owner shall have the right to be represented by -counsel, to present testimony, offer evidence and arguments, and to -cross examine witnesses. -If the community development director, or designee, after such hearing -shall determine that any dead or diseased tree exists on the property, -and that the persons requesting such hearing are owners of the property -upon which said dead or diseased tree is located, the community -development director, or designee, shall file in writing their findings -of fact and order that such dead or diseased tree be removed within 45 -days, and shall cause such findings and order to be served upon such -owner within ten days of the conclusion of the hearing. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf" -A "\c" \ - -- "812(16)" -\& on 5/2/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-214_Same;_Abatement_By_City" -A "\c" \ - -- "Sec 8-214 Same; Abatement By City" -\& -.LP -In the event that no hearing shall have been requested as provided for -in this chapter, or such dead or diseased tree shall not have been -abated within the respective period specified, the community development -director or designee may cause such dead or diseased tree to be abated. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf" -A "\c" \ - -- "812(16)" -\& on 5/2/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-215_Same;_Determination_And_Assessment_Of_Costs" -A "\c" \ - -- "Sec 8-215 Same; Determination And Assessment Of Costs" -\& -.LP -Upon the completion of the work ordered to be performed under section -8-213, the community development director or designee shall certify the -actual and necessary cost required to be expended in the abatement of -the dead or diseased tree, together with such administrative expense for -mailing of notices and other allowable costs, with a demand for payment -of the total cost, and forward it by mail to: -.IP " 1." 4 -The occupant or owner of the property at the address shown by the -current tax rolls in the office of the county treasurer; or -.IP " 2." 4 -To the address given by the person giving his written consent or -requesting the appeal as provided in 8-213. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf" -A "\c" \ - -- "812(16)" -\& on 5/2/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-216_Same;_Lien_On_The_Property,_Civil_Remedy" -A "\c" \ - -- "Sec 8-216 Same; Lien On The Property, Civil Remedy" -\& -.LP -If the costs of the work performed under this chapter are not paid -within 30 days from the date of mailing the notice prescribed by section -8-215, the clerk shall forward a certified statement of the amount of -the costs to the county treasurer, in order that the amount be levied -upon the property and be collected by the county treasurer in the manner -prescribed by the law of the state. -Until fully paid, the cost and the interest thereon shall be the -personal obligation of the property owner and a lien against the -property as provided by law. -The lien on the property is coequal with the lien of ad valorem taxes -and all other taxes and special assessments and prior and superior to -all titles and liens against the property. -The lien shall continue until the cost is fully paid. -At any time prior to collection as provided in this section the city may -pursue any civil remedy for collection of the amount owing and interest -thereon, including an action in personam against the property owner and -an action in rem to foreclose its lien against the property. -Upon receiving payment, in full, the clerk shall forward to the county -treasurer a notice of such payment and directing discharge of the lien. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf" -A "\c" \ - -- "812(16)" -\& on 5/2/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-3_DILAPIDATED_BUILDINGS" -A "\c" \ - -- "CHAPTER 8-3 DILAPIDATED BUILDINGS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-301_Definitions" -A "\c" \ - -- "Sec 8-301 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-302_Report_To_Be_Made" -A "\c" \ - -- "Sec 8-302 Report To Be Made" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-303_Condemnation_Of_Dilapidated_Buildings,_Notice,_Removal,_Lien,_Payment" -A "\c" \ - -- "Sec 8-303 Condemnation Of Dilapidated Buildings, Notice, Removal, Lien, Payment" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-304_Clearing_Up_Of_Premises_From_Which_Buildings_Have_Been_Removed" -A "\c" \ - -- "Sec 8-304 Clearing Up Of Premises From Which Buildings Have Been Removed" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-305_Boarding_And_Securing_Dilapidated_Buildings,_Procedure" -A "\c" \ - -- "Sec 8-305 Boarding And Securing Dilapidated Buildings, Procedure" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-306_Penalty" -A "\c" \ - -- "Sec 8-306 Penalty" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Authority to abate dilapidated -buildings, 11 O.S. -§ 22-112 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-301_Definitions" -A "\c" \ - -- "Sec 8-301 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Administrative officer\f[R] means the community development -director or his designee. -.PP -\f[I]Boarding and securing\f[R] or \f[I]boarded and secured\f[R] means -the closing, boarding or locking of any or all exterior openings so as -to prevent entry into the structure. -.PP -\f[I]Cleaning\f[R] or \f[I]cleaned\f[R] means the removal of trash or -weeds from the premises. -.PP -\f[I]Dilapidated building\f[R] means: -.IP " 1." 4 -A structure which through neglect or injury lacks necessary repairs or -otherwise is in a state of decay or partial ruin to such an extent that -the structure is a hazard to the health, safety, or welfare of the -general public; -.IP " 2." 4 -A structure which is unfit for human occupancy due to the lack of -necessary repairs and is considered uninhabitable or is a hazard to the -health, safety, and welfare of the general public; -.IP " 3." 4 -A structure which is determined by the city council or administrative -officer of the city council to be an unsecured building, more than three -times within any 12-month period; -.IP " 4." 4 -A structure which has been boarded and secured as provided in 11 O.S. -§ 22-112.1, for more than six(6) consecutive months; or -.IP " 5." 4 -A structure declared by the city council to constitute a public -nuisance. -.LP -\f[I]Unsecured building\f[R] means any structure which is not occupied -by a legal or equitable owner thereof, or by a lessee of a legal or -equitable owner, and into which there are one or more unsecured openings -such as broken windows, unlocked windows, broken doors, unlocked doors, -holes in exterior walls, holes in the roof, broken basement or cellar -hatchways, unlocked basement or cellar hatchways or other similar -unsecured openings which would facilitate an unauthorized entry into the -structure. -.PP -(Prior Code, § 5-28, in part; Code 1999, § 8-301) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 11 O.S. -§ 22-112. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1017.22.pdf" -A "\c" \ - -- "1017.22" -\& on 11/7/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-302_Report_To_Be_Made" -A "\c" \ - -- "Sec 8-302 Report To Be Made" -\& -.LP -Any officer or employee of the city who discovers or receives a report -of a dilapidated building which has become detrimental to the health, -benefit and welfare of the public and the community or creates a fire -hazard to the danger of property, shall report such conditions to the -administrative officer. -.PP -(Prior Code, § 5-28, in part; Code 1999, § 8-302) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-303_Condemnation_Of_Dilapidated_Buildings,_Notice,_Removal,_Lien,_Payment" -A "\c" \ - -- "Sec 8-303 Condemnation Of Dilapidated Buildings, Notice, Removal, Lien, Payment" -\& -.LP -The administrative officer may cause dilapidated buildings within the -city limits to be torn down and removed, in accordance with the -following procedure: -.IP " 1." 5 -At least ten days\[aq] notice shall be given to the owner of the -property before the city takes action or holds a hearing as provided -herein. -A copy of the notice shall be posted on the property to be affected. -In addition, a copy of the notice shall be sent by mail to the property -owner at the address shown by the current year\[aq]s tax rolls in the -office of the county treasurer. -Written notice shall also be mailed to any mortgage holder as shown by -the records in the office of the county clerk to the last-known address -of the mortgagee. -At the time of mailing of notice to any property owners or mortgage -holders, the city shall obtain a receipt of mailing from the postal -service, which receipt shall indicate the date of mailing and the name -and address of the mailee. -However, if neither the property owner nor mortgage holder can be -located, notice may be given by posting a copy of the notice on the -property, or by publication, as defined by 11 O.S. -§ 1-102. -Such notice may be published once not less than ten days prior to any -hearing or action to be taken pursuant to this section; -.IP " 2." 5 -A hearing shall be held by the administrative officer to determine -whether the property is dilapidated and has thereby become detrimental -to the health, benefit and welfare of the public and the community, or -creates a fire hazard to the danger of property; -.IP " 3." 5 -If the administrative officer finds that the condition of the property -constitutes a detriment or a hazard, and that the property would be -benefited by the removal of such conditions, the administrative officer -may cause the dilapidated building to be torn down and removed, and -shall fix reasonable dates for the commencement and completion of the -work. -The city clerk shall immediately file a notice of lien with the county -clerk describing the property, the findings of the administrative -officer at the hearing, and stating that the city claims a lien on the -property for the destruction and removal costs and that such costs are -the personal obligation of the property owner from and after the date of -filing of the notice; -.IP " 4." 5 -The property owner shall have a right of appeal to the city council from -an order of the administrative officer, and as provided by law. -The appeal shall be filed in writing with the city clerk within ten days -after the administrative order is rendered; -.IP " 5." 5 -If the work is not performed by the property owner within the dates -fixed by the administrative officer, the administrative officer shall -direct the tearing down and removal be done by one of the following -methods: -.RS 5 -.IP " 1." 4 -By the city; -.IP " 2." 4 -On a private contract basis, in which case it shall be awarded to the -lowest and best bidder; -.RE -.IP " 6." 5 -After the building has been torn down and removed, the administrative -officer shall determine the actual cost of the dismantling and removal -of dilapidated buildings, and any other expenses as may be necessary in -conjunction therewith, including the cost of notice and mailing. -The city clerk shall forward a statement of such actual cost -attributable to the dismantling and removal and a demand for payment by -mail to the property owner at the address specified in this section. -In addition, a copy of the statement shall be mailed to any mortgage -holder at the address specified in this section. -At the time of mailing of the statement of costs to any property owners -or mortgage holders, the city shall obtain a receipt of mailing from the -postal service, which receipt shall indicate the date of mailing and the -name and address of the mailee. -If the city dismantles or removes any dilapidated buildings, the cost to -the property owner shall not exceed the actual cost of the labor, -maintenance, and equipment required for the dismantling and removal of -the dilapidated buildings. -If dismantling and removal of the dilapidated buildings is done on a -private contract basis, the contract shall be awarded to the lowest and -best bidder if required to be competitively bid; -.IP " 7." 5 -If payment is not made within six months from the date of the mailing of -the statement, the city clerk shall forward a certified statement of the -amount of the cost to the county treasurer of the county in which the -property is located. -The city shall have a lien on the property for such costs, together with -interest thereon, and the lien shall continue until the cost shall be -fully paid as provided by law; -.IP " 8." 5 -When payment is made to the city for costs incurred, the city shall file -a release of lien or part thereof; -.IP " 9." 5 -The provisions of this section shall not apply to any property zoned and -used for agricultural purposes; and -.IP " 10." 5 -Nothing in this section shall prevent the city from otherwise abating a -dilapidated building as a nuisance or otherwise exercising its police -power to protect the public health, safety or welfare. -.LP -(Prior Code, § 5-28, in part; Code 1999, § 8-303) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-304_Clearing_Up_Of_Premises_From_Which_Buildings_Have_Been_Removed" -A "\c" \ - -- "Sec 8-304 Clearing Up Of Premises From Which Buildings Have Been Removed" -\& -.LP -In all cases in which: -.IP " 1." 4 -A house or building has been removed before the taking effect of this -chapter; or -.IP " 2." 4 -A house or building is torn down or demolished pursuant to order of the -state fire marshal or one of his assistants or the sheriff of the county -or the chief of the fire department as provided by state law or as -provided in this chapter; -.LP -and in which any of the following conditions exist: -.IP " 1." 4 -The premises have not been cleaned up; -.IP " 2." 4 -The premises are cleaned up, and all lumber, brick, concrete, cement, -plaster, nails, wire, and other material have not been removed; -.IP " 3." 4 -The materials have been removed but the cellar space and excavations -have not been filled; -.IP " 4." 4 -A cistern or well has not been filled or safely and securely closed and -all openings to sanitary sewer have not been plugged to meet the -requirements of the city plumbing inspector and securely closed; and -.IP " 5." 4 -The lots have not been leveled and left entirely free from trash or the -same is not immediately done; -.LP -then the owners of the lots and the person, firm, or corporation who -tore down the house or building shall immediately comply with the -provisions of this chapter by having all of the things done. -.PP -(Code 1999, § 8-304) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-305_Boarding_And_Securing_Dilapidated_Buildings,_Procedure" -A "\c" \ - -- "Sec 8-305 Boarding And Securing Dilapidated Buildings, Procedure" -\& -.LP -After a building has been declared dilapidated as provided in this -chapter, and before the commencement of the tearing and removal of a -dilapidated building, the city may cause the building to be boarded and -secured in accordance with the following procedure. -The city may determine that a building is unsecured and order that such -building be boarded and secured in the manner provided for in this -section even though such building has not been declared by city to be -dilapidated. -.IP " 1." 5 -Before the city orders such action, at least ten days\[aq] notice that -such unsecured building is to be boarded and secured shall be given by -mail to any property owners and mortgage holders as provided in section -8-303. -At the time of mailing of notice to any property owners or mortgage -holders, the city clerk shall obtain a receipt of mailing from the -postal service, which receipt shall indicate the date of the mailing and -the name and address of the mailee. -A copy of the notice shall also be posted on the property to be -affected. -However, if neither the property owner nor mortgage holder can be -located, notice may be given by posting a copy of the notice on the -property or by publication as defined in 11 O.S. -§ 1-102. -Such notice shall be published one time, not less than ten days prior to -any hearing or action by the city pursuant to the provisions of this -section. -If the administrative officer anticipates summary abatement of a -nuisance in accordance with the provisions of this section, the notice -shall state that: any subsequent need for boarding and securing the -building within a six-month period after the initial boarding and -securing of the building pursuant to such notice may be summarily -boarded and secured by the city, that the costs of such boarding and -securing shall be assessed against the owner, and that a lien may be -imposed on the property to secure such payment, all without further -prior notice to the property owners or mortgage holders; -.IP " 2." 5 -The owner of the property may give his written consent to the city -authorizing the boarding and securing of such unsecured building and to -the payment of any costs incurred thereby. -By giving the written consent, the owner waives his right to a hearing -as provided in this section; -.IP " 3." 5 -If the property owner does not give his written consent to such actions, -a hearing may be held by the administrative officer to determine whether -the boarding and securing would promote and benefit the public health, -safety or welfare. -Such hearing may be held in conjunction with a hearing on the -accumulation of trash or the growth of weeds or grass on the premises of -such unsecured building held pursuant to this Code. -In making such determination, the administrative officer shall apply the -following standard: the administrative officer may order the boarding -and securing of the unsecured building when the boarding and securing -thereof would make such building less available for transient -occupation, decrease a fire hazard created by such building, or decrease -the hazard that such building would constitute an attractive nuisance to -children. -Upon making such a determination, the administrative officer may order -the boarding and securing of the unsecured building; -.IP " 4." 5 -After the administrative officer orders the boarding and securing of -such unsecured building, the city clerk shall immediately file a notice -of unsecured building and lien with the county clerk describing the -property, stating the findings of the city at the hearing at which the -building was determined to be unsecured, and stating that the city -claims a lien on the property for the costs of boarding and securing the -building and that such costs are the personal obligation of the property -owner from and after the date of filing the notice; -.IP " 5." 5 -Pursuant to the order of the administrative officer, the agents of the -city are granted the right of entry on the property for the performance -of the boarding and securing of such building and for the performance of -all necessary duties as a governmental function of the city; -.IP " 6." 5 -After an unsecured building has been boarded and secured, the -administrative officer shall determine the actual costs of such actions -and any other expenses that may be necessary in conjunction therewith, -including the cost of the notice and mailing. -The city clerk shall forward a statement of the actual costs -attributable to the boarding and securing of the unsecured building and -a demand for payment of such costs by mail to any property owners and -mortgage holders as provided in section 8-303. -At the time of mailing of the statement of costs to any property owners -or mortgage holders, the city clerk shall obtain a receipt of mailing -from the postal service, which receipt shall indicate the date of -mailing and the name and address of the mailee; -.IP " 7." 5 -If the city boards and secures any unsecured building, the cost to the -property owner shall not exceed the actual cost of the labor, materials -and equipment required for the performance of such actions. -If such actions are done on a private contract basis, the contract shall -be awarded to the lowest and best bidder; -.IP " 8." 5 -When payment is made to the city for costs incurred, the city clerk -shall file a release of lien, but if payment attributable to the actual -costs of the boarding and securing of the unsecured building is not made -within 30 days from the date of the mailing of the statement to the -owner of the property, the city clerk shall forward a certified -statement of the amount of the costs to the county treasurer of the -county in which the property is located. -The costs shall be levied on the property and collected by the county -treasurer as are other taxes authorized by law. -Until fully paid, the costs and the interest thereon shall be the -personal obligation of the property owner from and after the date the -notice of unsecured building and lien is filed with the county clerk. -The lien shall be coequal with the lien of ad valorem taxes and all -other taxes and special assessments and shall be prior and superior to -all other titles and liens against the property, and shall continue -until the costs and interest are fully paid. -At any time prior to collection as provided herein, the city may pursue -any civil remedy for collection of the amount owing and interest -thereon, including an action in personam against the property owner and -an action in rem to foreclose its lien against the property. -A mineral interest if severed from the surface owner shall not be -subject to any tax or judgment lien created pursuant to this section. -Upon receipt of payment in full, the city clerk shall forward to the -county treasurer a notice of such payment and direct discharge of the -lien; -.IP " 9." 5 -An appeal may be taken from the decision of the administrative officer -to the city council if filed in writing with the city clerk within ten -days after the administrative order is rendered; -.IP " 10." 5 -If the city causes a structure to be boarded and secured, in accordance -with the procedures provided for in this section, any subsequent need -for boarding and securing the property within a six-month period may be -declared a nuisance and may be summarily abated without prior notice to -the property owner. -At the time of such summary abatement, the city clerk shall notify the -property owner of the boarding and securing and of the costs thereof. -The notice shall state that the property owner may request a hearing -within ten days from the date of mailing the notice. -The notice and hearing shall be as provided in this section. -Unless otherwise determined at the hearing, the cost of such abatement -shall be determined and collected as provided in this section. -This section shall not apply if the records of the county clerk show -that the property was transferred after notice was given pursuant to -this section. -.LP -(Code 1999, § 8-305) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-306_Penalty" -A "\c" \ - -- "Sec 8-306 Penalty" -\& -.LP -Any person who shall violate any provision of this chapter, shall be -guilty of an offense against the city and, upon conviction thereof, -shall be punished as provided in section 1-108. -.PP -(Code 1999, § 8-306) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-4_ABANDONED,_JUNK_VEHICLES" -A "\c" \ - -- "CHAPTER 8-4 ABANDONED, JUNK VEHICLES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-401_Definitions" -A "\c" \ - -- "Sec 8-401 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-402_Prohibited_Acts;_Nuisances_Declared;_Exceptions" -A "\c" \ - -- "Sec 8-402 Prohibited Acts; Nuisances Declared; Exceptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-403_Permits_For_Reconstruction/Repair_Of_Vehicles" -A "\c" \ - -- "Sec 8-403 Permits For Reconstruction/Repair Of Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-404_Procedures_For_Abatement" -A "\c" \ - -- "Sec 8-404 Procedures For Abatement" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-405_Presumption_Of_Abandoned,_Junk_Vehicle" -A "\c" \ - -- "Sec 8-405 Presumption Of Abandoned, Junk Vehicle" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-406_Notice_To_Remove_From_Public_Property" -A "\c" \ - -- "Sec 8-406 Notice To Remove From Public Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-407_Responsibility_For_Removal_From_Public_Property" -A "\c" \ - -- "Sec 8-407 Responsibility For Removal From Public Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-408_Notice_To_Remove_From_Private_Property" -A "\c" \ - -- "Sec 8-408 Notice To Remove From Private Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-409_Hearing" -A "\c" \ - -- "Sec 8-409 Hearing" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-410_Removal_Of_Motor_Vehicles_From_Property" -A "\c" \ - -- "Sec 8-410 Removal Of Motor Vehicles From Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-411_Notice_Of_Removal" -A "\c" \ - -- "Sec 8-411 Notice Of Removal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-412_Appraisal" -A "\c" \ - -- "Sec 8-412 Appraisal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-413_Redemption_Of_Impounded_Vehicles_Or_Motor_Vehicles" -A "\c" \ - -- "Sec 8-413 Redemption Of Impounded Vehicles Or Motor Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-414_Collection_Of_City's_Costs_Of_Removal" -A "\c" \ - -- "Sec 8-414 Collection Of City\[aq]s Costs Of Removal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-415_Penalty;_Continuing_Violations" -A "\c" \ - -- "Sec 8-415 Penalty; Continuing Violations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-416_Vehicle_Parking_Prohibited_On_Non-Paved_Surfaces_In_Certain_Districts" -A "\c" \ - -- "Sec 8-416 Vehicle Parking Prohibited On Non-Paved Surfaces In Certain Districts" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-417_Storage_And_Parking_Of_Recreational_Vehicles,_Trailers,_Vessels_And_Commercial_Vehicles" -A "\c" \ - -- "Sec 8-417 Storage And Parking Of Recreational Vehicles, Trailers, Vessels And Commercial Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-418_Truck_Parking_Restricted_In_Residential_Subdivisions" -A "\c" \ - -- "Sec 8-418 Truck Parking Restricted In Residential Subdivisions" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-401_Definitions" -A "\c" \ - -- "Sec 8-401 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicate a different meaning: -.PP -\f[I]Director\f[R] means the director of the community development -department. -.PP -\f[I]Enforcement officer\f[R] means the community development director, -code enforcement officer or any city police officer. -.PP -\f[I]Junk vehicle\f[R] means any motor vehicle or vehicle, as defined -herein, which is wrecked, dismantled, partially dismantled, inoperative, -abandoned, operable unlicensed or discarded, but does not include motor -vehicles or vehicles for which a permit has been obtained pursuant to -this chapter for so long as the terms and conditions of the permit are -in force and obeyed. -.PP -\f[I]Motor vehicle\f[R] means any vehicle which is self-propelled and -designed to travel along the ground or water and the term shall include, -but not be limited to, automobiles, boats, buses, motorbikes, -motorcycles, motorscooters, trucks, tractors, go-carts, and golf carts. -.PP -\f[I]Operable condition\f[R] means immediately capable of being legally -operated on a public street. -.PP -\f[I]Private property\f[R] means any real property within the city which -is not public property. -.PP -\f[I]Public property\f[R] means any real property which is dedicated to -the public use which the federal or any state or municipal government, -or any political subdivision thereof, owns or leases, or exercises -control and dominion over for public purposes. -.PP -\f[I]Vehicle\f[R] means a machine propelled by power other than human -power, designed to travel along the ground by use of wheels, treads, -runners, or slides and to transport persons or property or pull -machinery and includes, without limitation, automobiles, trucks, -trailers, motorcycles, tractors, buggys and wagons. -.PP -\f[I]Vessel\f[R] means every device, other than a seaplane on the water, -used or capable of being used as a means of transportation on water, -including, but not limited to, personal watercraft. -.PP -(Code 1999, § 8-401; Ord. -No. -454, 7-18-1988; Ord. -No. -460, 8-15-1988; Ord. -No. -360(02), 5-6-2002; Ord. -No. -653(09), 8-8-2009) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-402_Prohibited_Acts;_Nuisances_Declared;_Exceptions" -A "\c" \ - -- "Sec 8-402 Prohibited Acts; Nuisances Declared; Exceptions" -\& -.IP " 1." 4 -It is unlawful and an offense for any person to park, store or leave, or -to permit the parking, storing, or leaving of, any junk vehicle of any -kind which is in an abandoned, operative unlicensed, wrecked, -dismantled, inoperative, rusted, junked, or partially dismantled -condition, whether attended or not, upon any private property within the -city for a period of time in excess of ten days. -.IP " 2." 4 -The presence of any junk vehicle or any abandoned, wrecked, dismantled, -inoperative, rusted, junked or partially dismantled vehicle or boat or -parts thereof on private property is hereby declared a public nuisance -which may be abated as such in accordance with the provisions of this -chapter. -.IP " 3." 4 -It shall be unlawful to paint any vehicle, motor vehicle, automobile, or -boat in any area of the city with a residential zoning classification as -designated in part 12. -.IP " 4." 4 -The provisions of subsections (A) and (B) of this section shall not -apply to any vehicle or motor vehicle: -.RS 4 -.IP " 1." 4 -Enclosed within a building on private property; -.IP " 2." 4 -Held in connection with a lawful business enterprise which is properly -operated as such business enterprise in the appropriate zone, pursuant -to the zoning provisions of this Code; -.IP " 3." 4 -In operable condition which is not a junk vehicle as defined herein. -.RE -.IP " 5." 4 -The provisions of subsection (C) of this section shall not apply to any -vehicle, motor vehicle, automobile, or boat held in connection with a -lawful business enterprise which is properly operated as such business -enterprise in the appropriate zone, pursuant to the zoning provisions of -this code. -.IP " 6." 4 -It shall be unlawful for the owner of a vehicle to make extensive auto -repairs on the property of another. -.IP " 7." 4 -Any tarp, cloth, canvas or other similar covering shall be allowed to -cover vehicles not meeting the definition of the term \[dq]junk\[dq] or -\[dq]abandoned\[dq] as defined herein. -However, such covering shall be kept in good condition at all times and -free from significant tears and holes. -.LP -(Code 1999, § 8-402; Ord. -No. -454, 7-18-1988; Ord. -No. -460, 8-15-1988; Ord. -No. -254(99), 4-5-1999; Ord. -No. -653(09), 8-8-2009) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-403_Permits_For_Reconstruction/Repair_Of_Vehicles" -A "\c" \ - -- "Sec 8-403 Permits For Reconstruction/Repair Of Vehicles" -\& -.IP " 1." 4 -Any person desiring to: -.RS 4 -.IP " 1." 4 -Reconstruct; or -.IP " 2." 4 -Make repairs to an inoperable vehicle or motor vehicle; -for a period in excess of ten days may, upon making application to the -city, payment of an application fee, and compliance with the terms of a -permit, make repairs to such vehicle on a cement, asphalt or other -sealed driveway or space; and keeping such vehicle in a wholly enclosed -garage or other wholly enclosed structure between the hours of 10:00 -p.m. -and 7:00 a.m. -the following day pursuant to the terms of the permit. -.RE -.IP " 2." 4 -The application shall state that the owner, only, of such vehicle or -motor vehicle seeks to have a permit issued, permitting such vehicle or -motor vehicle to be on private property, owned or leased by the vehicle -owner, within the city in an inoperable, unlicensed or untagged -condition for a specific period of time. -All applications shall state with specificity how the reconstruction or -repairs shall be accomplished and contain deadlines for the completion -of each stage, which shall become part of the permit. -.IP " 3." 4 -No permit shall be issued unless the applicant agrees in the application -to allow the city to abate any violation of the terms of any permit -within ten days of the mailing by certified mail of a written demand to -do so. -.IP " 4." 4 -Initial permits for any vehicle or motor vehicle shall be issued for a -maximum period of six months, and may be extended for periods not to -exceed six months each upon successful completion of a full application -process for each and every renewal period. -.IP " 5." 4 -No permit shall be in force as to more than one person or one residence -at any time. -.IP " 6." 4 -Such vehicle or motor vehicle for which a permit has been issued shall -prominently display a sticker to be provided by the city, indicating the -permit number and its date of expiration. -The sticker may be physically inspected without notice by any officer of -the city between the hours of 9:00 a.m. -and 5:00 p.m., during weekdays, and the right to inspect shall be a -condition of the issuance of a permit. -.IP " 7." 4 -A permit may be revoked by the director upon reasonable notice and -opportunity for a hearing, if any of the terms of the permit are not -complied with. -.LP -(Code 1999, § 8-403; Ord. -No. -460, 8-15-1988; Ord. -No. -653(09), 8-8-2009) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-404_Procedures_For_Abatement" -A "\c" \ - -- "Sec 8-404 Procedures For Abatement" -\& -.LP -The provisions for abatement of public nuisances contained in sections -8-101 through 8-119 shall not apply to junk vehicles or to those which -are in abandoned, wrecked, dismantled, inoperative, rusted, junked, or -partially dismantled condition, whether attended or not, upon any public -property within the city for a period of time in excess of 24 hours. -The notice, hearing and abatement shall be pursuant to the procedures -described herein for public nuisance on public property. -.PP -(Code 1999, § 8-404; Ord. -No. -454, 7-18-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-405_Presumption_Of_Abandoned,_Junk_Vehicle" -A "\c" \ - -- "Sec 8-405 Presumption Of Abandoned, Junk Vehicle" -\& -.LP -A rebuttable presumption shall exist that vehicles have been abandoned -or fall within the definition of a junk vehicle when: -.IP " 1." 4 -Weed or grass undergrowth would indicate to a reasonable person that the -vehicle has not been moved, thereby permitting such growth to occur; -.IP " 2." 4 -One or more wheels are flat or missing or the vehicle or boat displays -an expired license; -.IP " 3." 4 -Portions of the vehicle which are needed for its street legal operation -or control are missing, including, but not limited to, missing, broken, -or inoperable headlights, taillights, and/or turn signals; -.IP " 4." 4 -The city has received reports from others as to the length of time such -vehicle has been standing in one place without being moved, or that -parts are being taken from or added to such vehicle, indicating a -salvage or garage operation; -.IP " 5." 4 -Evidence exists that provisions of this Code pertaining to zoning or to -junk and salvage yards are being violated; -.LP -provided, however, the owner/operator may rebut the presumption by -driving the vehicle a distance of at least 30 feet on a public street in -the presence of an enforcement officer. -.PP -(Code 1999, § 8-405; Ord. -No. -454, 7-18-1988; Ord. -No. -653(09), 8-8-2009) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-406_Notice_To_Remove_From_Public_Property" -A "\c" \ - -- "Sec 8-406 Notice To Remove From Public Property" -\& -.LP -Whenever it comes to the attention of the director or enforcement -officer that any junk vehicle, as defined herein, exists as a public -nuisance in the city, a notice in writing shall be served upon the -occupant of the land where the nuisance exists, or in the event that -there is no such occupant, then upon the owner of the property or his -agent, notifying them of the existence of the nuisance and requesting -its removal in the time specified in this chapter. -A written, public nuisance \[dq]Notification to Remove\[dq] shall be -placed on the vehicle advising the owner of the violation of this Code -and of the 24 hours to remove the nuisance from the public property. -Concurrent with the abatement notice placed on the vehicle or motor -vehicle, the owner of the vehicle or motor vehicle may be issued a -citation. -Failure to remove the vehicle or motor vehicle shall be an offense, and -shall be punishable as provided in section 1-108. -.PP -(Code 1999, § 8-406; Ord. -No. -454, 7-18-1988; Ord. -No. -653(09), 8-8-2009) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-407_Responsibility_For_Removal_From_Public_Property" -A "\c" \ - -- "Sec 8-407 Responsibility For Removal From Public Property" -\& -.LP -Upon proper notice and opportunity to be heard, the owner of the junk -vehicle or other abandoned, wrecked, dismantled, or inoperative vehicle -or boat on public property shall be liable for all expenses reasonably -incurred by the removal and disposition. -.PP -(Code 1999, § 8-407; Ord. -No. -454, 7-18-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-408_Notice_To_Remove_From_Private_Property" -A "\c" \ - -- "Sec 8-408 Notice To Remove From Private Property" -\& -.IP " 1." 4 -The enforcement officer shall give notice of removal to the owner or -occupant of the private property where any junk vehicle or any -abandoned, wrecked, dismantled or inoperative vehicle or boat is located -at least ten days before the time set for compliance. -Minimum standards of due process require that administrative proceedings -which may directly and adversely affect legally protected interests be -preceded by notice calculated to provide knowledge of the exercise of -adjudicative power and an opportunity to be heard. -Notice will be by certified mail addressed to the vehicle owner and -owner of the private property, if different from the vehicle owner, -return receipt requested. -When certified mail is returned unclaimed, a reasonable effort shall be -made to determine if another address for the vehicle and/or property -owner may be found before undertaking removal. -.IP " 2." 4 -The notice to remove shall contain the demand for removal within ten -days, and the notice to remove shall state that, upon failure to comply -with the notice to remove, the city shall prosecute a criminal complaint -for failure to abate the nuisance or undertake such removal with the -cost to be levied against the owner of the junk vehicle or the occupant -of the property. -.LP -(Code 1999, § 8-408; Ord. -No. -454, 7-18-1988; Ord. -No. -653(09), 8-8-2009) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-409_Hearing" -A "\c" \ - -- "Sec 8-409 Hearing" -\& -.IP " 1." 4 -Any person to whom any notice to remove is directed pursuant to the -provisions of this chapter or any other interested party, or any duly -authorized agent thereof, may file a written request for hearing before -the director within the ten-day compliance period, for the purpose of -contesting the city\[aq]s demand for removal. -The director, chief of police or his designee and the city attorney or -his designee shall constitute a hearing board to hear the request. -.IP " 2." 4 -The hearing shall be held as soon as practicable, but not earlier than -five days after receipt of the request, and not later than 15 days after -such receipt. -Notice of the time and place of hearing shall be directed to the person -making the request. -At any such hearing the city and the person to whom notice has been -directed may introduce witnesses and evidence. -.IP " 3." 4 -Persons to whom the notice to remove is directed pursuant to the -provisions of this chapter, or their duly authorized agent, may appear -in municipal court pursuant to the citation and summons. -Those convicted of failing to abate a public nuisance pursuant to this -chapter shall be assessed court costs in addition to any other penalty -assessed by the municipal court. -If the public nuisance is abated prior to the hearing date stated on the -summons, and the person issued the summons to appear in municipal court -signs an affidavit before the court clerk attesting to the abatement, -the city attorney may recommend to the municipal court that charges be -dropped. -.LP -(Code 1999, § 8-409; Ord. -No. -454, 7-18-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-410_Removal_Of_Motor_Vehicles_From_Property" -A "\c" \ - -- "Sec 8-410 Removal Of Motor Vehicles From Property" -\& -.LP -If the violation described in the notice to remove has not been remedied -within the ten-day period of compliance, or in the event that a notice -requesting hearing is timely filed, a hearing had, and the existence of -the violation is affirmed by the director or his designee, the city -attorney shall institute and prosecute additional charges on a daily -basis, for failure to abate the nuisance, and the city shall, in the -discretion of the enforcement officer, take possession of the junk -vehicle and remove it from the premises. -It shall be unlawful for any person to interfere with or hinder anyone -whom the city or the director authorizes to enter upon private property -for the purpose of removing a vehicle under the provisions of this -chapter. -.PP -(Code 1999, § 8-410; Ord. -No. -454, 7-18-1988; Ord. -No. -653(09), 8-8-2009) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-411_Notice_Of_Removal" -A "\c" \ - -- "Sec 8-411 Notice Of Removal" -\& -.LP -Within 48 hours of the removal of such junk vehicle, the director or his -designee shall give notice to the registered owner of the junk vehicle, -if known, that the vehicle or motor vehicle was removed and that the -vehicle or motor vehicle has been impounded and stored for violation of -this chapter. -The notice shall give the location where the vehicle is stored and the -proper procedure for redeeming the vehicle, including cost of -redemption. -.PP -(Code 1999, § 8-411; Ord. -No. -454, 7-18-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-412_Appraisal" -A "\c" \ - -- "Sec 8-412 Appraisal" -\& -.LP -Upon removing a junk vehicle under the provisions of this chapter, the -city shall, after ten days, cause it to be appraised. -If the vehicle or boat appraises at $75.00 or less, the director or his -designee shall execute an affidavit so attesting and describing the -vehicle or motor vehicle, including the license plates, if any, and -stating the location and appraised value of the vehicle or motor -vehicle. -After complying with the above, the city may summarily dispose of the -vehicle or boat and execute a bill of sale. -If the vehicle or boat is appraised at over $75.00, notice of public -sale shall be given not less than ten days before the date of the -proposed sale. -.PP -(Code 1999, § 8-412; Ord. -No. -454, 7-18-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-413_Redemption_Of_Impounded_Vehicles_Or_Motor_Vehicles" -A "\c" \ - -- "Sec 8-413 Redemption Of Impounded Vehicles Or Motor Vehicles" -\& -.LP -The owner of any vehicle or motor vehicle impounded under the provisions -of this chapter may redeem such vehicle or motor vehicle at any time -after its removal, but prior to the sale or destruction thereof, upon -proof of ownership and payment to the city clerk of such sum as may be -determined by the director and fixed as the actual and reasonable -expense of removal, plus storage. -.PP -(Code 1999, § 8-413; Ord. -No. -454, 7-18-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-414_Collection_Of_City's_Costs_Of_Removal" -A "\c" \ - -- "Sec 8-414 Collection Of City\[aq]s Costs Of Removal" -\& -.IP " 1." 4 -Upon the failure of the owner or occupant of property on which junk -vehicles have been removed by the city to pay the unrecovered expense -incurred by the city in such removal, the amount of the unrecovered cost -may be added to the municipal utility bills directed to the occupants of -the private property from which the junk vehicle was removed, and may be -recovered in the same manner of such utility bills. -.IP " 2." 4 -If the private property is not served by the municipal utilities, or if -collection efforts are not successful, the costs may be certified by the -city clerk to the county clerk, who shall add the same to the ad valorem -taxes assessed against the property, until paid, and shall be collected -in the same manner as ad valorem taxes against the property; and when -collected shall be paid to the city. -.LP -(Code 1999, § 8-414; Ord. -No. -454, 7-18-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-415_Penalty;_Continuing_Violations" -A "\c" \ - -- "Sec 8-415 Penalty; Continuing Violations" -\& -.LP -In addition to the procedures for removal of vehicles, any person who -shall violate any of the provisions hereof shall, upon conviction, be -deemed guilty of an offense against the city. -Each act in violation of any of the provisions hereof shall constitute a -separate offense and may be chargeable as such. -Each day\[aq]s continued violation of any of the provisions hereof shall -constitute a separate offense and may be punishable as such as provided -in section 1-108. -.PP -(Code 1999, § 8-415; Ord. -No. -454, 7-18-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-416_Vehicle_Parking_Prohibited_On_Non-Paved_Surfaces_In_Certain_Districts" -A "\c" \ - -- "Sec 8-416 Vehicle Parking Prohibited On Non-Paved Surfaces In Certain Districts" -\& -.IP " 1." 4 -In the following zoning classifications, Single-Family R-1, Two-Family -Dwelling R-2, General Residential R-3, Multiple Family Dwelling R-4, and -Mobile Home Dwelling R-5, vehicles shall be parked in the following -manner: -.RS 4 -.IP " 1." 4 -Vehicles shall be parked on a permanent hard surfaced (paved) driveway -or parking area meeting the requirements of this section; -.IP " 2." 4 -A parking area shall be of a pad or slab type design at least equal to -the length and width of the vehicle with no ground exposed underneath -the vehicle. -.RE -.IP " 2." 4 -Whenever any vehicle without a driver is found parked or stopped in -violation of any of the restrictions imposed by this section, the code -enforcement officer or police officer finding the vehicle shall take its -registration number and may take any other information displayed on the -vehicle which may identify its owner, and shall conspicuously affix to -the vehicle a citation in written form, provided by the city, for the -owner of the vehicle to answer to the charge against him within ten days -at the time and place specified in the citation. -The issuing officer shall deliver a copy to the municipal court clerk. -Any owner found in violation of this section shall be punished according -to section 1-108. -Nothing in this section shall prevent the code enforcement officer or -police officer from issuing a warning to the vehicle owner that they are -in violation of this section. -.IP " 3." 4 -In any prosecution charging a violation of this section, proof that the -vehicle described in the citation was parked in violation of this -section, together with proof that the defendant named in the citation -was, at the time the citation was issued, the registered owner of the -vehicle, shall constitute in evidence a prima facie presumption that the -registered owner of the vehicle was the person who parked or placed the -vehicle at the point where, and for the time during which, the violation -occurred. -.LP -(Code 1999, § 8-416; Ord. -No. -117(95), 3-20-1995; Ord. -No. -141(95), 1-2-1996; Ord. -No. -359(02), 5-6-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-417_Storage_And_Parking_Of_Recreational_Vehicles,_Trailers,_Vessels_And_Commercial_Vehicles" -A "\c" \ - -- "Sec 8-417 Storage And Parking Of Recreational Vehicles, Trailers, Vessels And Commercial Vehicles" -\& -.IP " 1." 4 -Commercial vehicles, trailers of all types, including camping and -hauling, mobile homes, recreational vehicles and vessels shall not be -parked or stored on any lot occupied by a dwelling or on any lot in any -residential district except in accordance with the following provisions: -.RS 4 -.IP " 1." 4 -Not more than one commercial vehicle, which does not exceed 1½ tons -rated capacity, per family living on the premises, shall be permitted, -and in no case shall a commercial vehicle used for hauling explosives, -gasoline or liquefied petroleum products be permitted; -.IP " 2." 4 -Not more than one camping or travel trailer or hauling trailer, -recreational vehicle or vessel per family living on the premises shall -be permitted which shall not be parked on or in the public utility, -street or highway. -The term \[dq]street\[dq] or \[dq]highway\[dq] means all streets, -highways, avenues, boulevards, parkways, roads, lanes, viaducts, bridges -and the approaches thereto, alleys, courts, places, squares, curbs, -sidewalks, recreations or parklands used for vehicular traffic, or other -parkways or thoroughfares in the city over which it has jurisdiction, -which have been or may hereafter be dedicated and open to public use, or -such other public property so designated in any law of the state, -provided that the trailer, recreational vehicle or vessel shall not be -parked or stored for more than 48 hours unless it is located behind the -front yard building line. -Vehicles commonly known as recreational vehicles shall be parked on a -sealed surface complying with section 8-416. -In the event it is impossible to park the trailer, recreation vehicle or -vessel behind the front building, the trailer, recreational vehicle or -vessel may be parked in front of the front building line so long as the -trailer, recreational vehicle, or vessel does not create a traffic -hazard and the trailer, recreational vehicle or vessel is parked on a -sealed surface complying with section 8-416. -A camping trailer or recreational vehicle shall not be occupied either -temporarily or permanently while it is parked or stored in any area -within the incorporated limits except in a mobile home park authorized -under the ordinance of the city; -.IP " 3." 4 -A mobile home shall be parked or stored only in a mobile home park which -is in the conformity with the ordinances of the city; and -.IP " 4." 4 -A travel trailer or manufactured home may be parked and used, with -hookup of all utilities, for the office and living quarters only of a -security officer or guard on the premises on which the manufactured home -is parked and used, provided that the security officer or guard is -C.L.E.E.T. -certified. -An occupancy permit shall be obtained from the community development -department prior to occupancy of any trailer or manufactured home for -security purposes. -.RE -.LP -(Prior Code, app. -B, § 16-92; Code 1999, § 8-417; Ord. -No. -61(93), 9-20-1993; Ord. -No. -296(00), 11-20-2000; Ord. -No. -361(02), 5-6-2002; Ord. -No. -476(04), 9-7-2004) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-418_Truck_Parking_Restricted_In_Residential_Subdivisions" -A "\c" \ - -- "Sec 8-418 Truck Parking Restricted In Residential Subdivisions" -\& -.IP " 1." 4 -The following words, terms and phrases, when used in this section, shall -have the meanings ascribed to them in this subsection, except where the -context clearly indicates a different meaning: -.br -\f[I]Bus\f[R] means any vehicle designed for carrying more than 18 -passengers and used for the transportation of persons; and every motor -vehicle, other than a taxicab, designed and used for the transportation -of persons for compensation excluding school buses owned and operated by -public or private schools or school districts and church buses from 6:00 -a.m. -to 6:00 p.m. -.br -\f[I]Pole trailer\f[R] means every vehicle without motive power designed -to be drawn by another vehicle and attached to the towing vehicle by -means of a reach or pole, or by being boomed or otherwise secured to the -towing vehicle, and ordinarily used for transporting long or irregular -shaped loads such as poles, pipes, or structural members capable, -generally, of sustaining themselves as beams between the supporting -connections. -.br -\f[I]Tank vehicle\f[R] means any commercial motor vehicle designed to -transport any liquid or gaseous materials within a tank that is either -permanently or temporarily attached to the vehicle or the chassis. -Such vehicles include, but are not limited to, cargo tanks and portable -tanks as defined by 49 CFR 171; provided, however, the term \[dq]tank -vehicle\[dq] shall not include a portable tank having rated capacity of -under 1,000 gallons. -.br -\f[I]Truck\f[R] means any truck above 1 1/2 tons rated capacity or -truck-tractor with or without a semi-trailer or pole trailer attached or -any other combination of vehicles. -.IP " 2." 4 -It is unlawful for any truck, bus, semi-trailer, pole trailer, or tank -vehicle to be parked or stored on public or private property within an -area zoned for residential used or other zoning districts within 300 -feet of residential subdivisions except for purposes of loading and -unloading. -.IP " 3." 4 -The following trucks or buses are exempt from the 300-foot restriction -subsection (B) of this section: -.RS 4 -.IP " 1." 4 -Those used in business lawfully established within commercial or -industrial zoning districts; -.IP " 2." 4 -Those used for farming by the owner or occupant in agricultural zoning -districts; or -.IP " 3." 4 -Buses operated by schools and churches within residential zones. -.RE -.LP -(Code 1999, § 8-418; Ord. -No. -507, 2-8-1990; Ord. -No. -150(96), 4-1-1996; Ord. -No. -362(02), 5-6-2002) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1631905498_ordinance%20982.21.pdf" -A "\c" \ - -- "982(21)" -\& 08/02/2021 on 8/2/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-5_LITTER_AND_TRASH" -A "\c" \ - -- "CHAPTER 8-5 LITTER AND TRASH" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-501_Definitions" -A "\c" \ - -- "Sec 8-501 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-502_Prohibited_Generally" -A "\c" \ - -- "Sec 8-502 Prohibited Generally" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-503_Littering_And_Spilling_From_Vehicles_Prohibited" -A "\c" \ - -- "Sec 8-503 Littering And Spilling From Vehicles Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-504_Refuse,_Rubbish_And_Trash" -A "\c" \ - -- "Sec 8-504 Refuse, Rubbish And Trash" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-505_Deposits_Of_Dirt_Or_Rubbish_On_Public_Property_And_Roadways" -A "\c" \ - -- "Sec 8-505 Deposits Of Dirt Or Rubbish On Public Property And Roadways" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-506_Businesses_To_Provide_Facilities_For_Disposal_Of_Materials" -A "\c" \ - -- "Sec 8-506 Businesses To Provide Facilities For Disposal Of Materials" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-507_Removal_Of_Spilled_Materials" -A "\c" \ - -- "Sec 8-507 Removal Of Spilled Materials" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-508_Prohibited_Hauling_Or_Depositing_Refuse,_Rubbish_Or_Trash" -A "\c" \ - -- "Sec 8-508 Prohibited Hauling Or Depositing Refuse, Rubbish Or Trash" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-509_Unlawful_Hauling,_Dumping,_Presumptions" -A "\c" \ - -- "Sec 8-509 Unlawful Hauling, Dumping, Presumptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-510_Allowing_Refuse,_Rubbish,_Trash_Or_Litter_To_Be_Deposited_Or_To_Remain_On_Premises" -A "\c" \ - -- "Sec 8-510 Allowing Refuse, Rubbish, Trash Or Litter To Be Deposited Or To Remain On Premises" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-511_Duty_Of_Maintenance_Of_Private_Property" -A "\c" \ - -- "Sec 8-511 Duty Of Maintenance Of Private Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-512_Disposal_Of_Vehicle_Or_Mechanical_Devices_Regulated" -A "\c" \ - -- "Sec 8-512 Disposal Of Vehicle Or Mechanical Devices Regulated" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-513_Offenses_And_Abatement" -A "\c" \ - -- "Sec 8-513 Offenses And Abatement" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-501_Definitions" -A "\c" \ - -- "Sec 8-501 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Litter\f[R] means trash, refuse, rubbish and all like material. -.PP -\f[I]Refuse\f[R] means all putrescible and nonputrescible solid wastes, -including ashes, dead animals, solid market and industrial wastes and -all like material. -.PP -\f[I]Roadway\f[R] means any avenue, street, road, alley or other public -way within the city. -.PP -\f[I]Rubbish\f[R] means nonputrescible solid wastes consisting of both -combustible and noncombustible wastes, in solid or semisolid form, -including, but not limited to, dirt, ashes or incinerator residue, -street wastes, demolition wastes, industrial wastes, tin cans, wood, -leaves, glass, pieces of iron and other metals and like similar -material. -.PP -\f[I]Trash\f[R] means any refuse, litter, debris, paper, combustible -materials, rubbish, offal, waste or matter of any kind of form which is -uncared for, discarded or abandoned. -.PP -\f[I]Vehicle\f[R] means every device in, upon, or by which any person or -property is or may be transported or drawn. -.PP -(Code 1999, § 8-501; Ord. -No. -452, 8-1-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-502_Prohibited_Generally" -A "\c" \ - -- "Sec 8-502 Prohibited Generally" -\& -.LP -No person shall throw, place, leave, drop, put or otherwise abandon -litter upon any public property, private property or roadway except as -otherwise specifically permitted in this Code. -.PP -(Code 1999, § 8-502; Ord. -No. -452, 8-1-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-503_Littering_And_Spilling_From_Vehicles_Prohibited" -A "\c" \ - -- "Sec 8-503 Littering And Spilling From Vehicles Prohibited" -\& -.IP " 1." 4 -No driver or operator of a vehicle shall commit, or permit to be -committed, from the operator\[aq]s vehicle any of the acts prohibited in -section 8-502. -.IP " 2." 4 -No vehicle shall be driven or moved on any roadway unless such vehicle -is so constructed or loaded as to prevent any of its load from escaping -from the vehicle by dropping, shifting, leaking, blowing or otherwise, -except that salt or sand may be dropped for the purpose of securing -traction, or water or other substances may be used on a roadway in -cleaning or maintaining such roadway. -.IP " 3." 4 -No person shall operate on any roadway any vehicle with any load unless -the load and any covering thereon is securely fastened so as to prevent -the covering or load from becoming loose, detached or in any manner a -hazard to other users of the roadway or others. -.IP " 4." 4 -No person shall operate on any roadway any vehicle loaded with sand, -cinders, dirt, gravel or other loose material susceptible to blowing or -escaping unless such load is covered or dampened so as to prevent the -blowing or escaping of the load from the vehicle. -.IP " 5." 4 -No person shall operate, or cause to be operated, a vehicle, any part of -which is covered or laden with dirt, mud, gravel, sand, clay or other -material from any construction, excavation, parking or other site, in -such a manner or condition that the material will become tracked or -shall fall upon the roadway; provided, however, that the provisions of -this subsection shall not apply to persons who must enter upon improved -or paved roadways from unimproved or non-paved roadways or residential -driveways. -.LP -(Code 1999, § 8-503; Ord. -No. -452, 8-1-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-504_Refuse,_Rubbish_And_Trash" -A "\c" \ - -- "Sec 8-504 Refuse, Rubbish And Trash" -\& -.IP " 1." 4 -No person shall place or cause to be placed in or upon any public ground -or easement any refuse, rubbish or trash unless it is in suitable -receptacles to be disposed of in a regular and proper manner pursuant to -city ordinances. -.IP " 2." 4 -No person doing work or making excavations shall place or cause to be -placed any dirt, refuse, or rubbish therefrom onto any roadway or -sidewalk. -.IP " 3." 4 -No person shall sweep, throw, or abandon in any manner or cause to be -swept, thrown, or abandoned into or upon any lot or piece of ground, -whether the lot or ground shall belong to himself or another, any trash -of any kind whatever, which can be, or is likely to be, blown by the -wind along the city\[aq]s roadways or sidewalks. -.LP -(Code 1999, § 8-504; Ord. -No. -452, 8-1-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-505_Deposits_Of_Dirt_Or_Rubbish_On_Public_Property_And_Roadways" -A "\c" \ - -- "Sec 8-505 Deposits Of Dirt Or Rubbish On Public Property And Roadways" -\& -.LP -No owner, occupant or agent of any land abutting upon any public -property shall allow dirt, earth or any rubbish from the land to fall, -or wash, upon any part of the public property. -.PP -(Code 1999, § 8-505; Ord. -No. -452, 8-1-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-506_Businesses_To_Provide_Facilities_For_Disposal_Of_Materials" -A "\c" \ - -- "Sec 8-506 Businesses To Provide Facilities For Disposal Of Materials" -\& -.LP -Each person who owns, manages, leases, or operates any business -establishment within the city which delivers, sells or provides products -to customers for consumption or use on or off the premises shall provide -suitable containers, adequate in number and location, for the disposal -of any product or their wrappings, or parts thereof, abandoned, dropped, -left, put or placed on the premises; and shall maintain the outside -premises of the business establishment free from such product, wrappings -or parts thereof or other discarded items associated with the conduct of -the business. -.PP -(Code 1999, § 8-506; Ord. -No. -452, 8-1-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-507_Removal_Of_Spilled_Materials" -A "\c" \ - -- "Sec 8-507 Removal Of Spilled Materials" -\& -.IP " 1." 4 -All litter, refuse, rubbish or dirt deposited or spilled from a vehicle -on any public property or roadway shall be immediately removed by either -the driver or other person in charge of the vehicle. -The person by whom such driver or other person is employed shall be -likewise responsible for removal. -The failure to immediately remove all of the material or earth so -deposited or spilled shall render both the driver or other person in -charge and the person by whom they are employed subject to punishment as -provided herein. -.IP " 2." 4 -Each day that such material or dirt so wasted or spilled remains on the -public property shall constitute a separate and distinct offense. -.LP -(Code 1999, § 8-507; Ord. -No. -452, 8-1-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-508_Prohibited_Hauling_Or_Depositing_Refuse,_Rubbish_Or_Trash" -A "\c" \ - -- "Sec 8-508 Prohibited Hauling Or Depositing Refuse, Rubbish Or Trash" -\& -.LP -No person shall, without first securing a written permit from the city -or the county health department, dump or deposit any rubbish, refuse or -trash, or similar material, on any public or private property or haul or -carry and dump or deposit any such materials within the city\[aq]s -limits for the purpose either of filling low ground or disposing of the -materials. -Nothing in this section shall prohibit the otherwise lawful hauling and -dumping of dirt, sand, rock and gravel for landfill purposes. -.PP -(Code 1999, § 8-508; Ord. -No. -452, 8-1-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-509_Unlawful_Hauling,_Dumping,_Presumptions" -A "\c" \ - -- "Sec 8-509 Unlawful Hauling, Dumping, Presumptions" -\& -.IP " 1." 4 -There is a prima facie presumption that the registered owner of a -vehicle committed a violation. -In any prosecution charging a violation of section 8-508, proof that the -particular vehicle described in the complaint was used for the purpose -of unlawfully hauling or dumping of rubbish, refuse or trash as -prohibited therein, together with proof that the individual named in the -complaint was at the time of the violation the registered owner of the -vehicle, shall constitute in evidence a prima facie presumption that the -registered owner of the vehicle was the person who committed the -violation. -.IP " 2." 4 -There is a prima facie presumption that a person whose address appears -on three or more items of unlawfully disposed of refuse matter committed -violation. -In any prosecution charging a violation of section 8-508, proof that -unlawfully disposed of refuse matter as described therein which contains -three or more items bearing a common address in a form which tends to -identify the latest owner of the items shall be a prima facie -presumption that all competent persons residing at such address -committed the unlawful act of disposal, provided that one of the items -of solid waste bears a date subsequent to August 1, 1988. -.IP " 3." 4 -Any person found to be in violation of section 8-508 shall be punished -as provided in section 1-108. -Notwithstanding the penalty provided for in this section, the municipal -court may also require the person to remove the rubbish, refuse or trash -or similar material. -Failure to comply with the court\[aq]s order as directed shall be deemed -a separate offense and, upon conviction, the person shall be punished as -provided in section 1-108 for each day the rubbish, refuse or trash -remains past the date established by the municipal court for its -removal. -.LP -(Code 1999, § 8-509; Ord. -No. -452, 8-1-1988; Ord. -No. -229(98), 4-6-1998) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-510_Allowing_Refuse,_Rubbish,_Trash_Or_Litter_To_Be_Deposited_Or_To_Remain_On_Premises" -A "\c" \ - -- "Sec 8-510 Allowing Refuse, Rubbish, Trash Or Litter To Be Deposited Or To Remain On Premises" -\& -.LP -No owner or occupant of lands or lots shall knowingly permit the -throwing or dumping upon his premises of any litter, or permit such -materials to remain on his premises for more than ten days after being -notified to remove them by the city or county health department, whether -or not the owner or occupant shall have known of or permitted the -throwing or depositing. -.PP -(Code 1999, § 8-510; Ord. -No. -452, 8-1-1988; Ord. -No. -537, 9-4-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-511_Duty_Of_Maintenance_Of_Private_Property" -A "\c" \ - -- "Sec 8-511 Duty Of Maintenance Of Private Property" -\& -.LP -No person owning, leasing, occupying or having charge of any private -property or premises shall maintain or keep any litter or similar -material, except dirt, thereon; nor shall such person allow the -accumulation of the material, notwithstanding such person did not permit -the accumulation; nor shall any such person keep or maintain such -premises in a manner causing substantial diminution in the value of the -other property in the neighborhood in which premises are located. -No prosecution may be undertaken under this section until such person -shall have been given ten days\[aq] notice by the city to abate fully -any alleged deficiency. -.PP -(Code 1999, § 8-511; Ord. -No. -452, 8-1-1988; Ord. -No. -537, 9-4-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-512_Disposal_Of_Vehicle_Or_Mechanical_Devices_Regulated" -A "\c" \ - -- "Sec 8-512 Disposal Of Vehicle Or Mechanical Devices Regulated" -\& -.LP -No person shall discharge or dispose of any crank case, radiator, or -transmission drainings, from any vehicle or other mechanical device, -into the sanitary sewer system, storm drainage system, or upon any -public or private property or roadway. -.PP -(Code 1999, § 8-512; Ord. -No. -25(92), 5-4-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-513_Offenses_And_Abatement" -A "\c" \ - -- "Sec 8-513 Offenses And Abatement" -\& -.IP " 1." 4 -Violation of any of the provisions of this chapter shall be an offense, -and any person violating such provisions shall be deemed guilty of an -offense and, upon conviction, shall be punished as provided in section -1-108. -.IP " 2." 4 -Upon ten days\[aq] written notice, served upon a person to be charged, -the city may abate as a public nuisance any condition prohibited under -this chapter pursuant to any other provision of this Code or state law, -which shall be cumulative. -.LP -(Code 1999, § 8-513; Ord. -No. -452, 8-1-1988; Ord. -No. -25(92), 5-4-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-6_FOOD_AND_MILK_REGULATIONS" -A "\c" \ - -- "CHAPTER 8-6 FOOD AND MILK REGULATIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6A_FOOD_SERVICE_SANITATION" -A "\c" \ - -- "ARTICLE 8-6A FOOD SERVICE SANITATION" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6B_MILK_AND_MILK_PRODUCTS" -A "\c" \ - -- "ARTICLE 8-6B MILK AND MILK PRODUCTS" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6A_FOOD_SERVICE_SANITATION" -A "\c" \ - -- "ARTICLE 8-6A FOOD SERVICE SANITATION" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-601_Regulations_Adopted" -A "\c" \ - -- "Sec 8-601 Regulations Adopted" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-602_Food_Service_Licenses_Generally" -A "\c" \ - -- "Sec 8-602 Food Service Licenses Generally" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-603_Temporary,_Seasonal_And_Mobile_Food_Vendor_Licenses" -A "\c" \ - -- "Sec 8-603 Temporary, Seasonal And Mobile Food Vendor Licenses" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-604_Food_Handler's_Permits" -A "\c" \ - -- "Sec 8-604 Food Handler\[aq]s Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-605_Sale_Of_Uncooked,_Unprepared_Foods_From_Vehicles_Prohibited" -A "\c" \ - -- "Sec 8-605 Sale Of Uncooked, Unprepared Foods From Vehicles Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-606_Outside_Sales" -A "\c" \ - -- "Sec 8-606 Outside Sales" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-607_Sale_Prohibited" -A "\c" \ - -- "Sec 8-607 Sale Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-608_Not_To_Maintain_Adulterated_Or_Misbranded_Food" -A "\c" \ - -- "Sec 8-608 Not To Maintain Adulterated Or Misbranded Food" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-609_Compounds,_Imitations_Or_Blends_To_Be_Labeled_As_Such" -A "\c" \ - -- "Sec 8-609 Compounds, Imitations Or Blends To Be Labeled As Such" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-610_Examination_Of_Food" -A "\c" \ - -- "Sec 8-610 Examination Of Food" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-611_Sample_To_Be_Provided" -A "\c" \ - -- "Sec 8-611 Sample To Be Provided" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-612_Poisonous_Preservatives" -A "\c" \ - -- "Sec 8-612 Poisonous Preservatives" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-613_Sleeping_Areas_Of_Employees" -A "\c" \ - -- "Sec 8-613 Sleeping Areas Of Employees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-614_Inspection" -A "\c" \ - -- "Sec 8-614 Inspection" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-615_Destruction_Authorized" -A "\c" \ - -- "Sec 8-615 Destruction Authorized" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-616_Places_Where_Food_Is_Sold_Or_Served" -A "\c" \ - -- "Sec 8-616 Places Where Food Is Sold Or Served" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-617_Acts_Of_Agents_Deemed_Act_Of_Principal" -A "\c" \ - -- "Sec 8-617 Acts Of Agents Deemed Act Of Principal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-618_Penalty" -A "\c" \ - -- "Sec 8-618 Penalty" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Requirements of food establishments, -63 O.S. -§ 1-1101 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-601_Regulations_Adopted" -A "\c" \ - -- "Sec 8-601 Regulations Adopted" -\& -.LP -The latest edition of the \[dq]Oklahoma State Department of Health Rules -and Regulations pertaining to Food Establishments\[dq] is hereby adopted -and incorporated by reference in this Code. -At least one copy of the rules and regulations shall be on file in the -office of the city clerk. -The rules and regulations shall govern except in case of conflict with -the provisions of this article, in which case the more restrictive terms -shall prevail. -.PP -(Prior Code, §§ 12-36, 12-56 et seq.; Code 1999, § 8-601) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-602_Food_Service_Licenses_Generally" -A "\c" \ - -- "Sec 8-602 Food Service Licenses Generally" -\& -.LP -No person shall operate a food service establishment that does not have -a valid annual or mobile license issued to it. -Only an establishment which complies with the requirements of this Code -shall be entitled to receive or retain such a license. -Licenses are not transferable. -A valid license shall be posted in every food service establishment. -.PP -(Prior Code, §§ 12-37, 12-39; Code 1999, § 8-602) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326237_Ordinance%20No.%20796%20(15).pdf" -A "\c" \ - -- "796(15)" -\& on 8/3/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-603_Temporary,_Seasonal_And_Mobile_Food_Vendor_Licenses" -A "\c" \ - -- "Sec 8-603 Temporary, Seasonal And Mobile Food Vendor Licenses" -\& -.IP " 1." 4 -A temporary and seasonal food and beverage vendor is a person, -partnership, corporation or other form of business entity which offers -for sale to the general public, either for consumption on or off any -premises, food or beverage in a context normally associated with, or -constituting, food booths, carnivals, circuses, community festivals, -snow cone stands, and barbecue stands during the months of May through -September, or during other specified times as approved by the community -development director. -.IP " 2." 4 -\f[I]Zoning and building regulations\f[R]. -.RS 4 -.IP " 1." 4 -No temporary and seasonal food beverage vendor shall operate or conduct -sales in the city, unless licensed in compliance with the zoning -regulations, part 12 of the Moore City Code including uses allowed -within specified zoning districts, setback requirements and adequate -parking facilities. -.IP " 2." 4 -All water and sewer service shall be provided by permanent connections -to city municipal water and sewer service and meet all requirements of -the adopted plumbing codes and utility connection requirements. -.IP " 3." 4 -Permanent electrical service shall be provided and shall meet adopted -electrical codes. -.IP " 4." 4 -Structures with permanent utility connections shall be secured on an -approved foundation with approved anchoring/tie down methods. -.IP " 5." 4 -Restroom facilities shall be required on-site. -A written agreement with a business operating on the same site allowing -use of an existing restroom during all business hours may be submitted -for community development director review and approval. -.IP " 6." 4 -Occupancy permit application and approval is required and shall be -approved by the building official, fire marshal and community -development director. -.RE -.IP " 3." 4 -Approval from the county health department shall be required and proof -of which shall be presented to the city. -All temporary and seasonal food and beverage vendors shall be open to -the inspection by state, county and city officials during the normal -business hours of the vendor\[aq]s operations. -.IP " 4." 4 -A mobile temporary food service license shall be for facilities that are -vehicle-mounted and readily moveable. -A person desiring to operate a mobile food service establishment may -apply for either a one day, 30-day or 180-day mobile temporary food -vendor license at least 24 hours prior to any sales at said -establishment. -This temporary license shall be issued by the city clerk following -approval of the application by the county health authority and city -clerk. -The temporary license may be renewed for an additional 180 days -following approval by the county health authority and city clerk. -.IP " 5." 4 -\f[I]Application process\f[R]. -.RS 4 -.IP " 1." 4 -Applicants for a permit under this section must file with the city clerk -a (verified) sworn application in writing on a form to be furnished by -the city clerk, which shall give the following information: -.RS 4 -.IP " 1." 5 -Name and description of applicant. -.IP " 2." 5 -Address. -.IP " 3." 5 -Brief description of business, goods to be sold, and location desired. -.IP " 4." 5 -Time period for which the applicant wishes to do business. -.IP " 5." 5 -License number and description of vehicle to be used, if any. -.IP " 6." 5 -Verification that applicant is bonded as group II vendor by the state -tax commission or other proof that sales tax has been or is being paid -on the merchandise sold or to be sold, if applicable. -.IP " 7." 5 -Proof that a county health permit and inspection has been obtained. -.IP " 8." 5 -At time of filing, the fee as provided in the fee schedule shall be paid -to the city clerk. -.IP " 9." 5 -Each applicant, if the applicant does not operate a fixed, permanent -restaurant within the city, shall file with the application a -certificate of insurance from the appropriate insurer that the applicant -has general liability and vehicular insurance in the amount required by -the state. -.IP " 10." 5 -Detailed map of location to where the vehicle will be placed. -.RE -.IP " 2." 4 -The city clerk shall review the application to ensure: -.RS 4 -.IP " 1." 4 -The applicant is aware of his responsibility to collect and pay sales -tax and that the applicant is properly registered with the state tax -commission. -If the applicant is not properly registered with the state tax -commission, the permit will not be issued. -.IP " 2." 4 -That a valid county health permit and inspection is obtained. -.RE -.IP " 3." 4 -Within seven days after receipt of the application, the city clerk shall -either approve or disapprove of the application. -.RS 4 -.IP " 1." 4 -If the application is approved, the clerk shall issue the permit within -three days after the approval. -.IP " 2." 4 -If the application is not approved, the city clerk must state with -specificity the reasons for non-approval and the city clerk shall notify -the applicant within three days after non-approval. -A notice sent to the proper mailing address shown on the application -shall be adequate notification to the applicant. -.RE -.RE -.IP " 6." 4 -\f[I]Conditions of permit issuance\f[R]. -.RS 4 -.IP " 1." 4 -All mobile temporary food vendors must have the permission of the -property owner prior to operating on the subject property. -City staff will approve the location and placement of the vehicle at -city events. -.IP " 2." 4 -No mobile temporary food vendor may stop for longer than 12 hours at a -single location or address in a 24-hour period. -A single location or address shall include a single parking lot shared -by multiple businesses. -This subsection shall not apply to food sales at events that are not -open to general public or are sponsored, catered, or hosted by a -business group. -.IP " 3." 4 -Mobile temporary food vendors may not sell food on public rights-of-way -except for a brief stop for point of sale. -For purposes of this subsection, the term \[dq]public right-of-way\[dq] -means any street or highway and property adjacent to streets and -highways which is dedicated to public use and over which the federal, -state or municipal government, or any agency, department or subdivision -thereof, exercises control and dominion; or any bridge alley, sidewalk, -pedestrian way, stairs or elevator which is dedicated to public use and -over which the federal, state or municipal government, or any agency, -department, or subdivision thereof, exercises control and dominion. -.IP " 4." 4 -Except for sales associated with an approved city event or with written -city approval, no such sales shall be conducted at or within 75 feet of -any city-owned parks. -.IP " 5." 4 -\f[I]Permit issuance\f[R]. -.RS 4 -.IP " 1." 4 -Permits shall be issued by the city clerk. -.IP " 2." 4 -A permit must be issued not less than 24 hours prior to any actual -selling activity by the applicant. -.IP " 3." 4 -The permit shall be prominently displayed at the applicant\[aq]s selling -location. -.RE -.IP " 6." 4 -\f[I]Permit fees\f[R]. -The application fee to be paid to the city clerk upon submission of the -application for a temporary food license shall be established by the fee -schedule of the city. -.RE -.IP " 7." 4 -The code enforcement division of the city shall enforce the provisions -of this section and may initiate any proper proceedings to enforce -compliance herewith. -.IP " 8." 4 -Violations of this section shall be misdemeanors, and any person, -partnership, corporation or other form of business entity, which -violates any of the provisions of this section, shall be deemed guilty -of a misdemeanor and, upon conviction, shall be punished as provided in -section 1-108. -Each day\[aq]s offense shall be deemed a separate offense. -.IP " 9." 4 -No temporary and seasonal food and beverage vendor shall operate or -conduct sales in the city, unless licensed in compliance with section -8-602. -.LP -(Code 1999, § 8-603; Ord. -No. -445, 4-4-1988; Ord. -No. -358(02), 5-6-2002) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326420_Ordinance%20No.%20797%20(15).pdf" -A "\c" \ - -- "797(15)" -\& on 8/3/2015 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288042_Ordinance%20918(19).pdf" -A "\c" \ - -- "918(19)" -\& on 8/7/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-604_Food_Handler's_Permits" -A "\c" \ - -- "Sec 8-604 Food Handler\[aq]s Permits" -\& -.IP " 1." 4 -It is unlawful for any person who operates a food service establishment -or any place selling open and prepared foods in the city to hire, or -permit to be hired, or permit to work gratis, any person who does not -possess a current and unrevoked permit approved by the health officer. -.IP " 2." 4 -It is unlawful for any person to work in any food service establishment -or any place selling open and prepared foods in the city who does not -have in his possession a current and unrevoked permit approved by the -county. -.LP -(Prior Code, §§ 12-46\[em]12-49; Code 1999, § 8-604) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-605_Sale_Of_Uncooked,_Unprepared_Foods_From_Vehicles_Prohibited" -A "\c" \ - -- "Sec 8-605 Sale Of Uncooked, Unprepared Foods From Vehicles Prohibited" -\& -.LP -It is unlawful for any person to sell for retail or offer to sell at -retail any uncooked or unprepared meat, poultry or fish from any truck, -wagon, trailer or any other portable motor vehicle within the corporate -limits of the city. -.PP -(Prior Code, § 12-41; Code 1999, § 8-605) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-606_Outside_Sales" -A "\c" \ - -- "Sec 8-606 Outside Sales" -\& -.LP -Food service establishments holding valid licenses may have outside -sales on their premises if all conditions of the food code, zoning -ordinances and fire code are met. -.PP -(Prior Code, 12-38; Code 1999, § 8-606) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-607_Sale_Prohibited" -A "\c" \ - -- "Sec 8-607 Sale Prohibited" -\& -.LP -No person shall sell, expose or offer for sale in any public market, or -at any place within the limits of the city, any unsound, diseased, -stale, rotten, fermented, nauseous or unwholesome meat, poultry, fish, -vegetables, fruits or other articles of food or provisions, or any -unwholesome bread, cake or pastry, manufactured in whole or in part from -unwholesome flour or meal. -.PP -(Prior Code, § 12-57; Code 1999, § 8-607) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-608_Not_To_Maintain_Adulterated_Or_Misbranded_Food" -A "\c" \ - -- "Sec 8-608 Not To Maintain Adulterated Or Misbranded Food" -\& -.LP -It is unlawful for any person to maintain within the city any article of -food or confectionery which is adulterated or misbranded within the -meaning of this article and any person who shall violate any of the -provisions of this section shall be guilty of an offense. -.PP -(Prior Code, § 12-58; Code 1999, § 8-608) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-609_Compounds,_Imitations_Or_Blends_To_Be_Labeled_As_Such" -A "\c" \ - -- "Sec 8-609 Compounds, Imitations Or Blends To Be Labeled As Such" -\& -.LP -All articles shall be labeled, branded or tagged so as to plainly -indicate that they are compounds, imitations or blends, and the word -\[dq]compound,\[dq] \[dq]imitation,\[dq] or \[dq]blend,\[dq] as the case -may be, is plainly stated on the package in which it is offered for -sale, provided that nothing in this article shall be construed as -requiring or compelling proprietors or manufacturers of proprietary -foods which contain no unwholesome added ingredients to disclose their -trade formulas, except insofar as the provisions of this article may -require to secure freedom from adulteration or misbranding. -.PP -(Prior Code, § 12-59; Code 1999, § 8-609) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-610_Examination_Of_Food" -A "\c" \ - -- "Sec 8-610 Examination Of Food" -\& -.LP -The examination of specimens of food or confectionery shall be made by -the health officer or under his direction. -If it shall appear from such examination of any of such specimens that -they are adulterated or misbranded within the meaning of this article, -the health officer shall cause a complaint to be sworn out and may -embargo the food or confectionery until released by the health officer. -.PP -(Prior Code, § 12-60; Code 1999, § 8-610) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-611_Sample_To_Be_Provided" -A "\c" \ - -- "Sec 8-611 Sample To Be Provided" -\& -.LP -Whosoever offers, exposes or has in his possession for sale to dealers -or consumers in the city any food shall, upon application of the health -officer or his assistant or agent, upon tender of the value thereof, -furnish a sample sufficient for the analysis of such of food. -Whosoever is convicted of a refusal to sell or give such sample as -provided herein shall be subject to punishment a provided in section -1-108. -.PP -(Prior Code, § 12-62; Code 1999, § 8-611) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-612_Poisonous_Preservatives" -A "\c" \ - -- "Sec 8-612 Poisonous Preservatives" -\& -.LP -Any meat, fish or other food which shall be treated with or shall -contain any of the salts of sulphurous acid or other poisonous -preservation or coloring matter are hereby declared to be unwholesome, -and any person who shall sell or offer to sell, serve or deliver or -cause the same to be done, any meats, fish or any other kind of food in -any form having therein and containing any of the salts of sulphurous -acid or other poisonous preservative or coloring matter, shall be deemed -guilty of an offense. -.PP -(Prior Code, § 12-63; Code 1999, § 8-612) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-613_Sleeping_Areas_Of_Employees" -A "\c" \ - -- "Sec 8-613 Sleeping Areas Of Employees" -\& -.LP -The sleeping place for workers or other employees in bake houses and -restaurants shall be separate and distinct from the place used for -making bread, pastry and other articles of food, and from food storage -preparation and serving areas. -.PP -(Prior Code, § 12-65; Code 1999, § 8-613) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-614_Inspection" -A "\c" \ - -- "Sec 8-614 Inspection" -\& -.LP -The health officer shall have power to inspect all articles of food or -drinks wherever located that may be sold or offered for sale for human -consumption and to analyze samples of the same upon his own motion. -.PP -(Prior Code, § 12-66; Code 1999, § 8-614) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-615_Destruction_Authorized" -A "\c" \ - -- "Sec 8-615 Destruction Authorized" -\& -.LP -The health officer shall have authority to destroy, at the expense of -the owner or keeper, any foods, drinks, meats and fish that he finds to -be unwholesome and unfit for use. -.PP -(Prior Code, § 12-67; Code 1999, § 8-615) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-616_Places_Where_Food_Is_Sold_Or_Served" -A "\c" \ - -- "Sec 8-616 Places Where Food Is Sold Or Served" -\& -.LP -The health officer shall have full power to pass on the sanitary -condition of any place where foods, milk, drinks, and meats are offered -for sale or served to the public. -Any person who shall, after having been duly notified to clean up or -place his place of business in sanitary condition, refuse to do so, -shall be guilty of an offense. -.PP -(Prior Code, § 12-68; Code 1999, § 8-616) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-617_Acts_Of_Agents_Deemed_Act_Of_Principal" -A "\c" \ - -- "Sec 8-617 Acts Of Agents Deemed Act Of Principal" -\& -.LP -When construing and enforcing the provisions of this article the act, -omission or failure of any officer, agent or other person acting for or -employed by any corporation, company, society or association, within the -scope of his employment or office, shall in every case be deemed to be -the act, omission, or failure of such corporation, company, society or -association, as well as that of the person. -.PP -(Prior Code, § 12-69; Code 1999, § 8-617) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-618_Penalty" -A "\c" \ - -- "Sec 8-618 Penalty" -\& -.LP -Any person who violates any of the provisions of this article is guilty -of a misdemeanor and, upon conviction thereof, shall be punished as -provided in section 1-108. -In addition thereto, such person may be enjoined from continuing such -violations. -Each day upon which such a violation occurs shall constitute a separate -violation. -.PP -(Code 1999, § 8-618) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6B_MILK_AND_MILK_PRODUCTS" -A "\c" \ - -- "ARTICLE 8-6B MILK AND MILK PRODUCTS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-621_Regulations_Adopted" -A "\c" \ - -- "Sec 8-621 Regulations Adopted" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-622_Penalty" -A "\c" \ - -- "Sec 8-622 Penalty" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Milk regulations, 2 O.S. -§ 7-401 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-621_Regulations_Adopted" -A "\c" \ - -- "Sec 8-621 Regulations Adopted" -\& -.LP -The latest edition of the United States Public Health Service -Recommendation \[dq]Grade A Pasteurized Milk Ordinance with -Administrative Procedures\[dq] and the provisions of state law governing -milk and milk products as set out in Oklahoma Milk and Milk Products Act -(2 O.S. -§ 7-401 et seq.), as amended from time to time, are hereby adopted and -incorporated by reference in this Code and are enforceable by the city -as fully as if they were set out at length herein. -At least one copy of the milk ordinance and referenced state law shall -be on file in the office of the city clerk. -The milk ordinance and the referenced state law shall govern except in -case of conflict with the provisions of this article, in which case the -more restrictive terms shall prevail. -.PP -(Code 1999, § 8-620) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-622_Penalty" -A "\c" \ - -- "Sec 8-622 Penalty" -\& -.LP -Any person who shall violate any of the provisions of this shall be -guilty of a misdemeanor and, upon conviction thereof, shall be punished -as provided in section 1-108. -Such persons may also be enjoined from continuing such violations. -Each day upon which such a violation occurs shall constitute a separate -violation. -.PP -(Code 1999, § 8-621) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-7_SMOKING_IN_PUBLIC_PLACES_AND_INDOOR_WORKPLACES" -A "\c" \ - -- "CHAPTER 8-7 SMOKING IN PUBLIC PLACES AND INDOOR WORKPLACES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-701_Definitions" -A "\c" \ - -- "Sec 8-701 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-702_Smoking_In_Certain_Places_Prohibited;_Exemptions" -A "\c" \ - -- "Sec 8-702 Smoking In Certain Places Prohibited; Exemptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-703_Measures_To_Prevent_Smoking_In_Places" -A "\c" \ - -- "Sec 8-703 Measures To Prevent Smoking In Places" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-704_Violation_And_Penalty" -A "\c" \ - -- "Sec 8-704 Violation And Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-701_Definitions" -A "\c" \ - -- "Sec 8-701 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Educational facility\f[R] means a building owned, leased or under -the control of a technology center school district or a public or -private college or university. -.PP -\f[I]Health facility\f[R] means an entity which provides health -services, including, but not limited to, hospitals, nursing homes, -long-term care facilities, kidney disease treatment centers, health -maintenance organizations and ambulatory treatment centers. -.PP -\f[I]Indoor workplace\f[R] means any indoor place of employment or -employment-type service for or at the request of another individual or -individuals, or any public or private entity, whether part-time or -full-time and whether for compensation or not. -Such services shall include, without limitation, any service performed -by an owner, employee, independent contractor, agent, partner, -proprietor, manager, officer, director, apprentice, trainee, associate, -servant or volunteer. -An indoor workplace includes work areas, employee lounges, restrooms, -conference rooms, classrooms, employee cafeterias, hallways, any other -spaces used or visited by employees, and all space between a floor and -ceiling that is predominantly or totally enclosed by walls or windows, -regardless of doors, doorways, open or closed windows, stairways, or the -like. -The provisions of this chapter shall apply to such indoor workplace at -any given time, whether or not work is being performed. -.PP -\f[I]Meeting means\f[R] a meeting as defined in the Oklahoma Open -Meeting Act (25 O.S. -§ 301 et seq.). -.PP -\f[I]Public body\f[R] means a public body as defined in the Oklahoma -Open Meeting Act (25 O.S. -§ 301 et seq.). -.PP -\f[I]Public park\f[R] means all areas of a park or playground that is -owned and operated by the City of Moore, Oklahoma to which members of -the general public have been granted a right to access for rest and -recreation. -\[dq]Public park\[dq] shall exclude: the paved area usually divided into -individual spaces set-aside and intended for the parking of motor -vehicles, portion of parking lots located on the same property as a park -or playground. -.PP -\f[I]Public place\f[R] means any enclosed indoor area where individuals -other than employees are invited or permitted. -.PP -\f[I]Restaurant\f[R] means any eating establishment regardless of -seating capacity. -.PP -\f[I]Smoking\f[R] means the carrying by a person of a lighted cigar, -cigarette, pipe or other lighted smoking device. -.PP -\f[I]Stand-alone bar\f[R], \f[I]stand-alone tavern\f[R], and \f[I]cigar -bar\f[R] mean an establishment that derives more than 60 percent of its -gross receipts, subject to verification by competent authority, from the -sale of alcoholic beverages and low-point beer and no person under 21 -years of age is admitted, except for members of a musical band employed -or hired as provided in 37 O.S. -§ 537(B)(2) and that is not located within, and does not share any -common entryway or common indoor area with, any other enclosed indoor -workplace, including a restaurant. -.PP -\f[I]Vapor products\f[R] means noncombustible products, that may or may -not contain nicotine, that employ a mechanical heating element, battery, -electronic circuit, or other mechanism, regardless of shape or size, -that can be used to produce a vapor in a solution or other form. -The term \[dq]vapor products\[dq] shall include any vapor cartridge or -other container with or without nicotine or other form that is intended -to be used with an electronic cigarette, electronic cigar, electronic -cigarillo, electronic pipe, or similar product or device and any vapor -cartridge or other container of a solution, that may or may not contain -nicotine, that is intended to be used with or in an electronic -cigarette, electronic cigar, electronic cigarillo or electronic device. -The term \[dq]vapor products\[dq] do not include any products regulated -by the United States Food and Drug Administration under Chapter V of the -Food, Drug, and Cosmetic Act. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 63 O.S. -§ 1-1522. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288257_Ordinance%20910(19)01082021103958.pdf" -A "\c" \ - -- "910(19)" -\& on 5/21/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-702_Smoking_In_Certain_Places_Prohibited;_Exemptions" -A "\c" \ - -- "Sec 8-702 Smoking In Certain Places Prohibited; Exemptions" -\& -.IP " 1." 4 -Except as specifically provided in this section, no person shall smoke -in a public place, in any part of a zoo to which the public may be -admitted, whether indoors or outdoors, in an indoor workplace, in any -vehicle providing public transportation, at a meeting of a public body, -in a nursing facility licensed pursuant to the Nursing Home Care Act (63 -O.S. -§ 1-1901 et seq.), or in a child care facility licensed pursuant to the -Oklahoma Child Care Facilities Licensing Act (10 O.S. -§ 401 et seq.). -A nursing facility licensed pursuant to the Nursing Home Care Act (63 -O.S. -§ 1-1901 et seq.) -may designate smoking rooms for residents and their guests. -Such rooms shall be fully enclosed, directly exhausted to the outside, -and shall be under negative air pressure so that no smoke can escape -when a door is opened and no air is recirculated to nonsmoking areas of -the building. -Commercial airport operators may prohibit the use of lighted tobacco in -any area that is open to or used by the public whether located indoors -or outdoors, provided that the outdoor area is within 175 feet from an -entrance. -.IP " 2." 4 -.IP " 1." 4 -Except as otherwise provided in subsection (B)(2) of this section, a -technology center school district which offers an early childhood -education program or in which children in grades kindergarten through 12 -are educated shall prohibit smoking, the use of snuff, chewing tobacco -or any other form of tobacco product in the educational facility -buildings and on the grounds of the facility by all persons, including, -but not limited to, full-time, part-time, and contract employees, during -the hours of 7:00 a.m. -to 4:00 p.m., during the school session, or when class or any program -established for students is in session. -.IP " 2." 4 -A technology center school district may designate smoking areas outside -of buildings, away from general traffic areas and completely out of -sight of children under 18 years of age, for use by adults attending -training courses, sessions, meetings or seminars. -.IP " 3." 4 -A technology center school district or college or university may -designate smoking areas outside the educational facility buildings for -the use of adults during certain activities or functions, including, but -not limited to, athletic contests. -.IP " 4." 4 -Smoking shall be prohibited in an educational facility as defined in the -24/7 Tobacco-free Schools Act (70 O.S. -§ 1210.211 et seq.) -and as provided for in this section. -.IP " 3." 4 -Nothing in this section shall be construed to prohibit educational -facilities from having more restrictive policies regarding smoking and -the use of other tobacco or vapor products in the buildings or on the -grounds of the facility. -.IP " 4." 4 -A private residence is not a public place within the meaning of this -section except that areas in a private residence that are used as a -licensed child care facility during hours of operation are public places -within the meaning of this section. -.IP " 5." 4 -No person shall smoke or use a vapor product in any building, or -portions thereof, owned or operated by this municipality; smoking or the -use of a vapor product shall not be allowed within 25 feet of the -entrance or exit of any such building. -No person shall smoke or use a vapor product on the grounds of any -city-owned public park, excluding the paved areas usually divided into -individual spaces set aside and intended for the parking of motor -vehicles. -.IP " 6." 4 -Veterans centers operated by the state pursuant to the provisions of 72 -O.S. -§ 221 et seq., shall be designated nonsmoking. -.IP " 7." 4 -An employer not otherwise restricted from doing so may elect to provide -smoking rooms where no work is performed except for cleaning and -maintenance during the time the room is not in use for smoking, provided -each smoking room is fully enclosed and exhausted directly to the -outside, in such manner that no smoke can drift or circulate into a -nonsmoking area. -No exhaust from a smoking room shall be located within 15 feet of any -entrance, exit or air intake. -If smoking is to be permitted in any space exempted in subsection (H) of -this section or in a smoking room, such smoking space must either occupy -the entire enclosed indoor space or, if it shares the enclosed space -with any nonsmoking areas, the smoking space shall be fully enclosed, -exhausted directly to the outside with no air from the smoking space -circulated to any nonsmoking area, and under negative air pressure so -that no smoke can drift or circulate into a nonsmoking area when a door -to an adjacent nonsmoking area is opened. -Air from a smoking room shall not be exhausted within 15 feet of any -entrance, exit or air intake. -.IP " 8." 4 -This section shall not prohibit smoking in: -.RS 4 -.IP " 1." 5 -Stand-alone bars, stand-alone taverns or cigar bars; -.IP " 2." 5 -The rooms where licensed charitable bingo games are being operated, but -only during the hours of operation of such games; -.IP " 3." 5 -Up to 25 percent of the guest rooms at a hotel or other lodging -establishment; -.IP " 4." 5 -Retail tobacco stores predominantly engaged in the sale of tobacco -products and accessories and in which the sale of other products is -merely incidental and in which no food or beverage is sold or served for -consumption on the premises; -.IP " 5." 5 -Workplaces where only the owner or operator of the workplace, or the -immediate family of the owner or operator, performs any work in the -workplace, and the workplace has only incidental public access; -.IP " 6." 5 -Workplaces occupied exclusively by one or more smokers, if the workplace -has only incidental public access. -The term \[dq]incidental public access\[dq] means that a place of -business has only an occasional person, who is not an employee, present -at the business to transact business or make a delivery. -The term \[dq]incidental public access\[dq] does not include businesses -that depend on walk-in customers for any part of their business; -.IP " 7." 5 -Private offices occupied exclusively by one or more smokers; -.IP " 8." 5 -Workplaces within private residences, except that smoking shall not be -allowed inside any private residence that is used as a licensed child -care facility during hours of operation; -.IP " 9." 5 -A facility operated by a post or organization of past or present members -of the Armed Forces of the United States which is exempt from taxation -pursuant to section 501(c)(8), (c)(10) or (c)(19) of the Internal -Revenue Code, 26 USC 501(c)(8), (c)(10) or (c)(19), when such facility -is utilized exclusively by its members and their families and for the -conduct of post or organization nonprofit operations except during an -event or activity which is open to the public; -.IP " 10." 5 -Any outdoor seating area of a restaurant, provided smoking shall not be -allowed within 15 feet of any exterior public doorway or any air intake -of a restaurant; and -.IP " 11." 5 -Medical research or treatment centers, if smoking is integral to the -research or treatment. -.RE -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 63 O.S. -§ 1-1523. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288257_Ordinance%20910(19)01082021103958.pdf" -A "\c" \ - -- "910(19)" -\& on 5/21/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-703_Measures_To_Prevent_Smoking_In_Places" -A "\c" \ - -- "Sec 8-703 Measures To Prevent Smoking In Places" -\& -.LP -The state or local governmental agency or the person who owns or -operates a public place shall, at a minimum, do the following in order -to prevent smoking in public places: -.IP " 1." 4 -Post conspicuous signs at entrances to and in prominent locations within -places where smoking is prohibited which state that smoking is -prohibited or that the indoor environment is free of tobacco smoke; and -.IP " 2." 4 -Ask smokers to refrain from smoking upon observation of anyone violating -the provisions of this section. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 63 O.S. -§ 1-1525. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-704_Violation_And_Penalty" -A "\c" \ - -- "Sec 8-704 Violation And Penalty" -\& -.LP -The possession of lighted tobacco in any form is a public nuisance and -dangerous to public health. -Any person who knowingly violates this chapter is guilty of a -misdemeanor, and, upon conviction thereof, shall be punished by a fine -of not less than $10.00 nor more than $100.00. -.PP -(Code 1999, § 8-706; Ord. -No. -583(07), § I, 5-21-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-8_PUBLIC_BATHING/TANNING" -A "\c" \ - -- "CHAPTER 8-8 PUBLIC BATHING/TANNING" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-801_Regulations_Adopted" -A "\c" \ - -- "Sec 8-801 Regulations Adopted" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-801_Regulations_Adopted" -A "\c" \ - -- "Sec 8-801 Regulations Adopted" -\& -.IP " 1." 4 -The following regulations are hereby adopted and incorporated herein by -reference in this Code, punishable as if set out fully at length herein, -to govern public bathing and tanning facilities: -.RS 4 -.IP " 1." 4 -\[dq]Design Standards and Operational Criteria for Public Bathing -Places,\[dq] adopted by the Oklahoma State Board of Health, 93 pages, -March 27, 1986, or latest edition thereof; and -.IP " 2." 4 -\[dq]Sunlamp Products; Performance Standard,\[dq] issued by the U.S. -Department of Health and Human Services, Food and Drug Administration, -21 CFR 1040, and as may be amended from time to time. -.RE -.IP " 2." 4 -At least one copy of the above regulations are on file in the office of -the city clerk. -.LP -(Code 1999, § 8-801) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-9_ENFORCEMENT" -A "\c" \ - -- "CHAPTER 8-9 ENFORCEMENT" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-901_Obstructing_Officer" -A "\c" \ - -- "Sec 8-901 Obstructing Officer" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-902_Action_By_County_Health_Department" -A "\c" \ - -- "Sec 8-902 Action By County Health Department" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-903_Enforcement;_Citations;_Appeals" -A "\c" \ - -- "Sec 8-903 Enforcement; Citations; Appeals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-904_Penalty_And_Other_Actions" -A "\c" \ - -- "Sec 8-904 Penalty And Other Actions" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-901_Obstructing_Officer" -A "\c" \ - -- "Sec 8-901 Obstructing Officer" -\& -.LP -It is unlawful for any person to obstruct or interfere with any officer -or health or administrative officer charged with the enforcement of this -part. -.PP -(Prior Code, § 12-4, in part; Code 1999, § 8-901) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-902_Action_By_County_Health_Department" -A "\c" \ - -- "Sec 8-902 Action By County Health Department" -\& -.LP -By contract or other method, the city manager may appoint the county -health department as its agent to enforce provisions of this part and -the health ordinances of the city. -Such responsibilities may include determination of public health -nuisances and hazards, service as expert witnesses for the city, and -assistance in evaluation and development of remedial action on matters -which deal with the public health. -.PP -(Code 1999, § 8-902) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-903_Enforcement;_Citations;_Appeals" -A "\c" \ - -- "Sec 8-903 Enforcement; Citations; Appeals" -\& -.IP " 1." 4 -With respect to public nuisance abatement, the city manager may further -delegate to the director of community development division or his staff -the aforementioned duties of the city manager, including the duty of -administrative officer. -.IP " 2." 4 -The city manager or his designee are designated to issue citations for -violations this part, including nuisances, weeds and trash, abandoned -vehicles and health laws. -.IP " 3." 4 -Any administrative hearings for violations of the above-referenced -sections shall be before an administrative officer designated by the -city manager. -A hearing shall be scheduled on completion and filing with the city -clerk an application therefor, pursuant to the appropriate sections of -this part, in accordance with the provisions contained therein. -.IP " 4." 4 -Appeals from the decision of the administrative officer shall be to the -municipal court, in accordance with the applicable code provisions. -.LP -(Code 1999, § 8-903; Ord. -No. -451, 7-18-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-904_Penalty_And_Other_Actions" -A "\c" \ - -- "Sec 8-904 Penalty And Other Actions" -\& -.IP " 1." 4 -The procedures for abating nuisances declared in this part and any other -provisions of law and ordinances are cumulative to one another, and the -city may elect to follow any such procedure which is applicable in -abating any particular nuisance or violation. -.IP " 2." 4 -The city may, in addition to other remedies or punishments or -abatements, bring an action for abatement of any nuisance. -.IP " 3." 4 -Any violation of any provision of this part is punishable as provided in -section 1-108. -.LP -(Code 1999, § 8-904) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-10_GRAFFITI" -A "\c" \ - -- "CHAPTER 8-10 GRAFFITI" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1001_Short_Title" -A "\c" \ - -- "Sec 8-1001 Short Title" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1002_Statutory_Authority" -A "\c" \ - -- "Sec 8-1002 Statutory Authority" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1003_Legislative_Findings" -A "\c" \ - -- "Sec 8-1003 Legislative Findings" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1004_Purpose_And_Intent" -A "\c" \ - -- "Sec 8-1004 Purpose And Intent" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1005_Definitions" -A "\c" \ - -- "Sec 8-1005 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1006_Declaration_Of_Public_Nuisance" -A "\c" \ - -- "Sec 8-1006 Declaration Of Public Nuisance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1007_Application_Of_Graffiti_Prohibited;_Offense;_Penalty" -A "\c" \ - -- "Sec 8-1007 Application Of Graffiti Prohibited; Offense; Penalty" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1008_Removal_Of_Graffiti_From_Private_Property_Within_Neighborhood_Initiative_Area_Designated_By_The_City_Manager" -A "\c" \ - -- "Sec 8-1008 Removal Of Graffiti From Private Property Within Neighborhood Initiative Area Designated By The City Manager" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1001_Short_Title" -A "\c" \ - -- "Sec 8-1001 Short Title" -\& -.LP -This chapter shall be known and may be cited as the \[dq]Graffiti -Eradication Ordinance.\[dq] -.PP -(Code 1999, § 8-1001; Ord. -No. -65(93), 11-15-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1002_Statutory_Authority" -A "\c" \ - -- "Sec 8-1002 Statutory Authority" -\& -.LP -This chapter is being enacted under the authority of 11 O.S. -§ 22-121. -.PP -(Code 1999, § 8-1002; Ord. -No. -65(93), 11-15-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1003_Legislative_Findings" -A "\c" \ - -- "Sec 8-1003 Legislative Findings" -\& -.LP -The council of the city hereby makes the following findings: -.IP " 1." 4 -That unsightly graffiti on public and private property within the city -is detrimental to the beauty of our community; -.IP " 2." 4 -That graffiti on public and private property within the city is often -related to criminal street gang activity, with graffiti being used to -convey information to gang members and mark gang territory; -.IP " 3." 4 -That gang-related graffiti often provides a catalyst for gang-related -criminal violence within the city; -.IP " 4." 4 -That gang-related graffiti constitutes a growing blight on, and a -substantial detriment to, the health and safety of the residents of our -community; and -.IP " 5." 4 -That by reason of the foregoing findings, graffiti constitutes a public -nuisance to our community. -.LP -(Code 1999, § 8-1003; Ord. -No. -65(93), 11-15-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1004_Purpose_And_Intent" -A "\c" \ - -- "Sec 8-1004 Purpose And Intent" -\& -.LP -The purpose of this chapter is to provide for the prevention and removal -of graffiti within the city. -The intent of the council is to prevent and remove a public nuisance -that is a growing blight on, and a substantial detriment to, the health, -safety and general welfare of our community and its inhabitants. -.PP -(Code 1999, § 8-1004; Ord. -No. -65(93), 11-15-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1005_Definitions" -A "\c" \ - -- "Sec 8-1005 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Advertising\f[R] means any letter, word, name, number, symbol, -slogan, message, drawing, picture, writing, or other mark of any kind -lawfully placed on property by an owner or occupant of the property, or -an agent of such owner or occupant, for the purpose of promoting -products or services or conveying information to the public. -.PP -\f[I]Applies graffiti, apply graffiti\f[R] or \f[I]applying -graffiti\f[R] means the act of drawing, painting, chiseling, scratching -or etching graffiti on public or private property within the city. -.PP -\f[I]City manager\f[R] means the city manager or the trust manager of -the city public works authority, or his designee. -.PP -\f[I]Graffiti\f[R] means, without limitation, any letter, word, name, -number, symbol, slogan, message, drawing, picture, writing, or other -mark of any kind visible to the public that is drawn, painted, chiseled, -scratched or etched on a rock, tree, wall, bridge, fence, gate, building -or other structure; provided, however, that this definition shall not -include advertising or any other letter, word, name, number, symbol, -slogan, message, drawing, picture, writing, or other mark of any kind -lawfully placed on property by an owner of the property, an occupant of -the property, or by an authorized agent for such owner or occupant. -.PP -\f[I]Occupant\f[R] means any person shown by the records of the county -clerk\[aq]s office as a tenant of property, or any person in actually -physical possession of property. -.PP -\f[I]Owner\f[R] means any person shown by the records of the county -clerk\[aq]s office as the owner of a fee simple interest in property. -.PP -\f[I]Removal, remove\f[R] or \f[I]removed\f[R], when used in relation to -the eradication of graffiti, means the act of taking graffiti off of, or -masking the presence of graffiti on, a rock, tree, wall, bridge, fence, -gate, building or other structure. -.PP -(Code 1999, § 8-1005; Ord. -No. -65(93), 11-15-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1006_Declaration_Of_Public_Nuisance" -A "\c" \ - -- "Sec 8-1006 Declaration Of Public Nuisance" -\& -.LP -The council of the city hereby declares that graffiti on public or -private property within the city constitutes a public nuisance to the -detriment of the city and its inhabitants and visitors. -The provisions for prevention and removal of such public nuisance are -set forth in sections 8-1007 and 8-1008. -.PP -(Code 1999, § 8-1006; Ord. -No. -65(93), 11-15-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1007_Application_Of_Graffiti_Prohibited;_Offense;_Penalty" -A "\c" \ - -- "Sec 8-1007 Application Of Graffiti Prohibited; Offense; Penalty" -\& -.IP " 1." 4 -No person shall apply graffiti to public or private property within the -city. -.IP " 2." 4 -Any person who applies graffiti to public or private property within the -city shall be deemed guilty of an offense. -Each act of applying graffiti shall constitute a separate offense. -.IP " 3." 4 -Any person convicted of the offense of applying graffiti to public or -private property within the city shall be punished as provided in -section 1-108. -.IP " 4." 4 -The provisions of this section shall be enforced by the police -department and code enforcement officer as determined by the city -manager. -.LP -(Code 1999, § 8-1007; Ord. -No. -65(93), 11-15-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1008_Removal_Of_Graffiti_From_Private_Property_Within_Neighborhood_Initiative_Area_Designated_By_The_City_Manager" -A "\c" \ - -- "Sec 8-1008 Removal Of Graffiti From Private Property Within Neighborhood Initiative Area Designated By The City Manager" -\& -.LP -The city manager or his designee may cause graffiti to be removed from -private property located within the neighborhood initiative area -designated by the city manager in accordance with the following -procedure: -.IP " 1." 4 -The manager or his designee shall contact the owners of the property to -encourage the property owners cooperation in removing any such graffiti; -.IP " 2." 4 -Prior to removal attempts by the city, the manager or his designee shall -obtain the written consent of all owners and occupants for removal of -graffiti from the property; and -.IP " 3." 4 -Upon obtaining the written consent required by subsection (B) of this -section, the manager may, to the extent authorized by the owners and -occupants, enter onto the property and remove the graffiti. -.LP -(Code 1999, § 8-1008; Ord. -No. -65(93), 11-15-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-11_EXTERIOR_PROPERTY_MAINTENANCE" -A "\c" \ - -- "CHAPTER 8-11 EXTERIOR PROPERTY MAINTENANCE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11A_GENERAL" -A "\c" \ - -- "ARTICLE 8-11A GENERAL" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11B_EXTERIOR_PROPERTY_MAINTENANCE_VIOLATIONS_DEFINED" -A "\c" \ - -- "ARTICLE 8-11B EXTERIOR PROPERTY MAINTENANCE VIOLATIONS DEFINED" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11C_NOTICE_AND_ENFORCEMENT" -A "\c" \ - -- "ARTICLE 8-11C NOTICE AND ENFORCEMENT" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11A_GENERAL" -A "\c" \ - -- "ARTICLE 8-11A GENERAL" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1101_Scope" -A "\c" \ - -- "Sec 8-1101 Scope" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1102_Responsibility" -A "\c" \ - -- "Sec 8-1102 Responsibility" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1103_Vacant_Structures_And_Land" -A "\c" \ - -- "Sec 8-1103 Vacant Structures And Land" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1104_Violations_And_Penalty" -A "\c" \ - -- "Sec 8-1104 Violations And Penalty" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1105_Definitions" -A "\c" \ - -- "Sec 8-1105 Definitions" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1101_Scope" -A "\c" \ - -- "Sec 8-1101 Scope" -\& -.LP -The provisions of this chapter shall govern the minimum conditions and -standards for maintenance of structures and exterior property. -.PP -(Code 1999, § 8-1101; Ord. -No. -102(94), 12-5-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1102_Responsibility" -A "\c" \ - -- "Sec 8-1102 Responsibility" -\& -.LP -The owner or occupant of the premises shall maintain the structures and -exterior property in compliance with the requirements of this chapter. -A person shall not occupy as owner/occupant or permit another person to -occupy or use premises which do not comply with the requirements of this -chapter. -.PP -(Code 1999, § 8-1102; Ord. -No. -102(94), 12-5-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1103_Vacant_Structures_And_Land" -A "\c" \ - -- "Sec 8-1103 Vacant Structures And Land" -\& -.LP -All vacant structures and premises thereof or vacant land shall be -maintained in a clean, safe, secure and sanitary condition as provided -in this chapter so as not to cause a blighting problem or adversely -affect the public health or safety. -.PP -(Code 1999, § 8-1103; Ord. -No. -102(94), 12-5-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1104_Violations_And_Penalty" -A "\c" \ - -- "Sec 8-1104 Violations And Penalty" -\& -.LP -Any person, firm or corporation who shall violate any provision of this -chapter, upon conviction thereof, shall be guilty of an offense and be -subject to a fine in an amount as provided in section 1-108. -Each day that a violation continues shall be deemed a separate offense. -.PP -(Code 1999, § 8-1104; Ord. -No. -102(94), 12-5-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1105_Definitions" -A "\c" \ - -- "Sec 8-1105 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Approved\f[R] means approved by the code official. -.PP -\f[I]Basement\f[R] means that portion of a building which is partly or -completely below grade. -.PP -\f[I]Code official\f[R] means the city official who is charged with the -administration and enforcement of this chapter, or any duly authorized -representative. -.PP -\f[I]Exterior property\f[R] means the open space on the premises and on -adjoining property under the control of the owner or occupant of such -premises. -.PP -\f[I]Major violation\f[R] means a combination of two or more minor -violations occurring at the same time, or one or more violations that -are determined by the code official to pose a serious threat to the -health and safety of the owner or occupant of the structure in question. -.PP -\f[I]Minor violation\f[R] means a singular violation of any one of the -various provisions of this chapter, either through lack of maintenance -or act of nature, which in and of itself does not cause a blighting -problem or adversely affect the public health or safety. -.PP -\f[I]Occupant\f[R] means any person legally living or sleeping in a -building, or having legal possession of a space within, a building. -.PP -\f[I]Owner\f[R] means any person, firm or corporation having a legal or -equitable interest in the property, including the guardian, executor or -administrator of the estate of such person. -.PP -\f[I]Premises\f[R] means a lot, plot, tract or parcel of land, including -the buildings and structures thereon. -.PP -\f[I]Structure\f[R] means that which is built or constructed. -.PP -(Code 1999, § 8-1105; Ord. -No. -102(94), 12-5-1994; Ord. -No. -196(97), 6-16-1997; Ord. -No. -451(04), 4-19-2004) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11B_EXTERIOR_PROPERTY_MAINTENANCE_VIOLATIONS_DEFINED" -A "\c" \ - -- "ARTICLE 8-11B EXTERIOR PROPERTY MAINTENANCE VIOLATIONS DEFINED" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1111_Exterior_Property_Areas" -A "\c" \ - -- "Sec 8-1111 Exterior Property Areas" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1112_Exterior_Structure_General_Maintenance" -A "\c" \ - -- "Sec 8-1112 Exterior Structure General Maintenance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1113_Appearance" -A "\c" \ - -- "Sec 8-1113 Appearance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1114_Signage" -A "\c" \ - -- "Sec 8-1114 Signage" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1115_Enforcement" -A "\c" \ - -- "Sec 8-1115 Enforcement" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1111_Exterior_Property_Areas" -A "\c" \ - -- "Sec 8-1111 Exterior Property Areas" -\& -.IP " 1." 4 -\f[I]Grading\f[R] and \f[I]drainage\f[R]. -All premises shall be graded and maintained to prevent the accumulation -of stagnant water thereon, or within any structure located thereon, -except for water detention or retention areas approved by the city. -.IP " 2." 4 -\f[I]Rat harborage\f[R]. -All structures and exterior property shall be kept free from rat -infestation. -Where rats are found, they shall be promptly exterminated by approved -processes which will not be injurious to human health. -After extermination, proper precautions shall be taken to prevent -re-infestation. -.IP " 3." 4 -\f[I]Accessory structures\f[R]. -All accessory structures, including detached garages, fences and walls, -shall be maintained structurally sound and in good repair. -Each separate accessory structure shall be deemed a separate violation. -.LP -(Code 1999, § 8-1110; Ord. -No. -451(04), 4-19-2004) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf" -A "\c" \ - -- "911(19)" -\& on 5/21/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1112_Exterior_Structure_General_Maintenance" -A "\c" \ - -- "Sec 8-1112 Exterior Structure General Maintenance" -\& -.LP -The owner, lessee, occupant, or person or entity having charge of the -property shall keep all parts of the exterior property in a clean and -sanitary condition. -No premises shall be in a condition that constitutes a health hazard, -safety hazard, or general nuisance. -.IP " 1." 5 -\f[I]Street numbers\f[R]. -Each building to which a street number has been assigned shall have such -number displayed in a position easily observed and readable from the -public right-of-way. -All numbers shall be at least three inches high and one-half inch -stroke. -.IP " 2." 5 -\f[I]Structural members\f[R]. -Any structural member of a structure which has become deteriorated or -damaged to the extent that it does not serve the purpose as originally -intended shall be renewed, restored, repaired, or replaced as is -necessary to serve the purpose as originally intended. -All structural members shall be maintained free of deterioration, and -capable of safely bearing the imposed dead and live loads. -.IP " 3." 5 -\f[I]Exterior walls\f[R] \f[I]and\f[R] \f[I]surfaces\f[R]. -Exterior walls and other exterior surface materials shall he free of -holes, cracks, loose or rotting boards and timbers or any other -condition as to prevent rodents, rain, or dampness to the interior of -the dwelling. -All canopies, marquees, signs, awnings, exterior stairways, fire -escapes, standpipes, exhaust ducts, porches, balconies, and similar -overhanging extensions, and their supporting structures where exposed to -public view, shall be maintained in good condition and shall not show -evidence of ripping, tearing, or deterioration. -Exterior wood surfaces, other than decay-resistant woods, shall be -protected from the elements and decay by painting or other protective -covering or treatment. -Peeling, flaking and chipped paint shall be eliminated and surfaces -repainted. -All metal surfaces subject to rust or corrosion shall be coated to -inhibit such rust and corrosion and all surfaces with rust or corrosion -shall be stabilized and coated to inhibit future rust and corrosion. -Oxidation stains shall be removed from exterior surfaces. -Surfaces designed for stabilization by oxidation are exempt from this -requirement. -.IP " 4." 5 -\f[I]Roofs\f[R] \f[I]and\f[R] \f[I]drainage\f[R]. -The roof and flashing shall be sound, tight and not have defects which -admit rain. -Rain gutters, downspouts, leaders, or other means of water diversion -shall be provided to collect/conduct and discharge all water from the -roof and maintained so as not to leak or cause dampness in the walls, -ceiling, or basements or adversely affect adjacent properties. -Roof drains, gutters and downspouts shall be maintained in good repair -and free from obstructions. -.IP " 5." 5 -\f[I]Overhang extensions\f[R]. -All canopies, marquees, awnings, stairways, fire escapes, standpipes, -exhaust ducts, gutters and similar overhang extensions shall be -maintained in good repair and be properly anchored so as to be kept in a -safe and sound condition. -When required, all exposed surfaces of metal or wood shall be protected -from the elements and against decay by periodic application of -weather-coating materials, such as paint or similar surface treatment. -.IP " 6." 5 -\f[I]Chimneys\f[R] \f[I]and\f[R] \f[I]towers\f[R]. -All chimneys, cooling towers, smoke stacks, and similar appurtenances -shall be maintained structurally safe, sound, and in good repair. -Where required, all exposed surfaces of metal or wood shall be protected -from the elements and against decay by periodic application of -weather-coating materials, such as paint or similar surface treatment. -.IP " 7." 5 -\f[I]Handrails\f[R] \f[I]and\f[R] \f[I]guardrails\f[R]. -Every handrail and guardrail shall be firmly fastened and capable of -bearing normally imposed loads and shall be maintained in sound -condition and good repair. -.IP " 8." 5 -\f[I]Windows, skylights, doors and frames\f[R]. -Windows shall be fully supplied with window glass or an approved -substitute which is glazed and is without open cracks or holes, shall -have sashes in good condition which fit within frames, be capable of -being easily opened and held in position by hardware, and maintained so -as to exclude adverse weather elements from entering the structure. -Skylights, doors, and frames shall be kept in sound condition, good -repair and weather-tight. -.IP " 9." 5 -\f[I]Insect screens\f[R]. -All insect screens shall be tightly fitting and maintained in sound -condition and good repair, free from holes, cuts, or rips. -.IP " 10." 5 -\f[I]Exterior doors and frames.\f[R] All exterior doors, frames and -hardware, including garage doors, shall be maintained in sound -condition, good repair and weather-tight. -.IP " 11." 5 -\f[I]Basement, foundation, vents, and windows.\f[R] Every -basement/foundation hatchway, vent or window shall be maintained in -sound condition, good repair and weather-tight. -Foundations shall support the building at all points and shall be free -of all holes and cracks as to prevent rodents, water or dampness to the -interior of the building or any conditions tending to reduce the -capability of the foundation to support the building. -.IP " 12." 5 -\f[I]Porches, decks, and docks.\f[R] Every porch, deck, or dock shall be -constructed and maintained so as to be free of missing, defective, -rotting or deteriorated foundations, supports, floors, other members, -including steps, and kept in sound condition and in good repair. -.IP " 13." 5 -\f[I]Decorative features\f[R]. -All cornices, entablatures, bell courses, corbels, terra cotta trim, -wall facings, and similar decorative features shall be maintained in -good repair with proper anchorage and in a safe condition. -.IP " 14." 5 -\f[I]Sidewalks and driveways.\f[R] All sidewalks, walkways, stairs, -driveways, parking spaces, parking lots and similar areas shall be kept -in a proper state of repair and maintained free from hazardous -conditions. -.LP -(Code 1999, § 8-1111; Ord. -No. -451(04), 4-19-2004) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf" -A "\c" \ - -- "806(15)" -\& on 10/19/2015 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf" -A "\c" \ - -- "911(19)" -\& on 5/21/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1113_Appearance" -A "\c" \ - -- "Sec 8-1113 Appearance" -\& -.LP -All buildings and the exterior of all premises shall be properly -maintained to achieve a presentable appearance and to avoid blighting -effects and hazardous conditions. -.IP " 1." 5 -\f[I]Exterior space\f[R]. -The exterior open space around each structure shall be maintained or -improved so as to provide for: -.RS 5 -.IP " 1." 4 -The immediate diversion of water away from buildings and proper drainage -of the lot; -.IP " 2." 4 -Grass, plantings, or other suitable ground cover to prevent soil erosion -which is or may become detrimental to the structures, lot use or -adjacent lots and structures; and -.IP " 3." 4 -Sidewalks, walkways, parking areas, driveways and exterior steps which -are of a permanently hard, dust-free surface of sound construction, and -properly maintained. -.RE -.IP " 2." 5 -\f[I]Buffer and screening requirements.\f[R] When commercial or -industrial property is being developed, and it abuts property zoned or -used for residential purposes, a six-foot tall buffer shall be -constructed of an appropriate mounding, fencing, or vegetative material, -along the entire length of any abutting side or rear yard. -Screen plantings shall have a minimum height of five feet and should be -of such size, species, and spacing as can reasonably be expected to -produce an opaque six-foot screen within three years. -.IP " 3." 5 -\f[I]Vegetative ground cover required\f[R]. -All green areas shall be graded and seeded with an all-season, well -maintained vegetative ground cover. -.IP " 4." 5 -\f[I]Fences and walls.\f[R] All fences, retaining walls, or similar -structures shall be anchored firmly in the ground, shall be constructed -in a workmanlike manner and maintained in that same manner so that such -approved fences, retaining walls, or similar structures shall always be -in the state of good structural repair. -If any fence, retaining wall, or similar structure is found not to be in -the state of good structural repair, it shall be removed, replaced, or -repaired, as required. -Except when constructed of materials that have been designed or -manufactured to remain untreated, all fences shall be treated -periodically with paint or chemicals so as to retard deterioration. -Fences and/or walls shall be constructed of wood, iron, decorative -aluminum, stone, brick, or decorative block. -Retaining walls shall be constructed of stone, decorative wall systems, -brick, or wood. -The following items, being found singularly or collectively, shall be -used in determining a fence that is in violation of this section: -.RS 5 -.IP " 1." 4 -Missing or broken panels; -.IP " 2." 4 -Lean posts being used to keep the fence erect; -.IP " 3." 4 -Patches made to the fence that are not made of the same original fence -material; -.IP " 4." 4 -Three or more broken or missing slats within a panel; -.IP " 5." 4 -Broken fence posts; -.IP " 6." 4 -Upright fence posts when no fence panels or other horizontal fence -material is erected; -.IP " 7." 4 -Leaning panels, fence material or fence posts. -.RE -.IP " 5." 5 -\f[I]Yards\f[R]. -All yards, courts, and lots shall be kept free of noxious weeds, -overgrown grasses, debris, and other materials which may cause a fire, -health or safety hazard, or general unsightliness. -.IP " 6." 5 -\f[I]Hazards\f[R]. -Hazards and unsanitary conditions shall be eliminated. -.IP " 7." 5 -\f[I]Grading\f[R]. -All premises shall be graded and maintained to prevent the erosion of -soil and to prevent the accumulation of water thereon, or within any -structure located thereon. -.IP " 8." 5 -\f[I]Drainage\f[R]. -All portions of all premises shall be so graded that there is no pooling -of water or recurrent entrance of water into any part of any building -except where such pooling or retention of water is part of a plan -approved by the city engineer. -All condensate and waste cooling water shall be appropriately discharged -into an approved drainage system. -.IP " 9." 5 -\f[I]Drainage swales\f[R]. -Swales are to be maintained by the owners of the parcels on which they -are located, and at no time will anyone plant trees and/or shrubs or -discharge, empty, or place any material fill or waste into any swale so -as to impede or divert drainage flow. -.IP " 10." 5 -\f[I]Traffic markings\f[R]. -All traffic markings such as directional arrows, lane division lines, -parking space lines, stop signs, etc., shall be maintained so as to be -clearly visible and easily recognized. -.IP " 11." 5 -\f[I]Exterior light fixtures\f[R]. -Exterior lighting fixtures over steps, paths, walkways, courts, drives -and parking lots shall be neatly maintained in operable condition and -lighted for sufficient periods of time before and after business hours -to provide for pedestrian and employee safety and properly aimed so as -not to shine on adjacent properties (per local zoning regulation). -.IP " 12." 5 -\f[I]Driveways and walkways\f[R]. -All driveways, walkways, stairs, parking spaces, parking lots and -similar areas shall be kept in a proper state of repair, and maintained -free from hazardous conditions. -.IP " 13." 5 -\f[I]Rodent harborage\f[R]. -All structures and exterior property shall be kept free from rodent -harborage and infestation. -Where rodents are found, they shall be promptly exterminated by approved -processes which will not be injurious to human health. -After extermination, proper precautions shall be taken to eliminate -rodent harborage and prevent re-infestation. -.IP " 14." 5 -\f[I]Mosquito infestation\f[R]. -All structures and exterior property shall be kept free of the -accumulation of stagnant water by any means, which may yield the -potential for serving as a breeding ground for mosquitoes. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf" -A "\c" \ - -- "806(15)" -\& on 10/19/2015 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf" -A "\c" \ - -- "911(19)" -\& on 5/21/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1114_Signage" -A "\c" \ - -- "Sec 8-1114 Signage" -\& -.IP " 1." 4 -\f[I]Sign maintenance\f[R]. -All signage and incidental landscaping and/or lighting shall be -maintained in good condition and shall not show evidence of -deterioration. -Neither lighting nor signage shall be permitted to be posted on trees or -utility poles. -.IP " 2." 4 -\f[I]Visibility triangles\f[R]. -All signage shall be located outside of all visibility triangles at -intersections and ingress/egress points, and shall not be located in -such a manner as to constitute a traffic or safety hazard. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf" -A "\c" \ - -- "806(15)" -\& on 10/19/2015 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf" -A "\c" \ - -- "911(19)" -\& on 5/21/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1115_Enforcement" -A "\c" \ - -- "Sec 8-1115 Enforcement" -\& -.LP -An annual inspection of all commercial and industrial property shall be -made by the building official or his designee to determine compliance -with the exterior property maintenance code. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf" -A "\c" \ - -- "806(15)" -\& on 10/19/2015 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf" -A "\c" \ - -- "911(19)" -\& on 5/21/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11C_NOTICE_AND_ENFORCEMENT" -A "\c" \ - -- "ARTICLE 8-11C NOTICE AND ENFORCEMENT" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1121_Determination_Of_Violation" -A "\c" \ - -- "Sec 8-1121 Determination Of Violation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1122_Notice_Of_Violation" -A "\c" \ - -- "Sec 8-1122 Notice Of Violation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1123_Correction_Of_Violation" -A "\c" \ - -- "Sec 8-1123 Correction Of Violation" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1121_Determination_Of_Violation" -A "\c" \ - -- "Sec 8-1121 Determination Of Violation" -\& -.LP -Upon report of a violation of the provisions of this chapter, the code -official shall determine whether a violation exists, and whether such -violation is deemed to be a minor violation or a major violation, as -defined in section 8-1105. -If the violation is determined to be a minor violation, no action shall -be taken until such time as it is determined that a major violation -exists. -.PP -(Code 1999, § 8-1140; Ord. -No. -102(94), 12-5-1994; Ord. -No. -196(97), 6-16-1997) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1122_Notice_Of_Violation" -A "\c" \ - -- "Sec 8-1122 Notice Of Violation" -\& -.IP " 1." 4 -If the code official determines that a major violation exists, written -notice shall be given to the owner of the premises stating the -violations and directing that the violations be corrected. -.IP " 2." 4 -The written notice shall be sent by certified mail to the owner of the -property at the address shown by the current year\[aq]s tax rolls in the -office of the county treasurer. -If the property owner cannot be located, notice may be given by posting -a copy of the notice on the property. -.LP -(Code 1999, § 8-1141; Ord. -No. -102(94), 12-5-1994; Ord. -No. -196(97), 6-16-1997; Ord. -No. -451(04), 4-19-2004) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1123_Correction_Of_Violation" -A "\c" \ - -- "Sec 8-1123 Correction Of Violation" -\& -.IP " 1." 4 -The notice required in section 8-1122 shall state that the owner or -occupant must correct the violations outlined in the notice within 30 -days of the date of the notice. -Upon reinspection of the property within the 30-day notice period, the -community development director may authorize an additional time for the -owner or occupant to correct the violations. -Once a notice of violation has been issued, each minor violation -included in such notice shall be corrected prior to the code official -clearing the violation. -If the owner or occupant fails to correct the violations within the -allotted time period, a citation or citations shall be issued to the -owner or occupant, as provided in section 8-1104. -.IP " 2." 4 -At any time within ten days form the date of the notice, the owner or -occupant may request, in writing addressed to the code official, a -hearing for the purpose of contesting the determination of a violation -on the property. -The code official shall conduct a hearing as soon as practicable but not -later than 15 days after receipt of the owner or occupant\[aq]s request -for such hearing. -At such hearing the owner or occupant shall have the right to be -represented by counsel, to present testimony, other evidence and -arguments, and to cross examine witnesses. -If the code official determines after such hearing that a major -violation exists on the property, he shall direct that the violations be -corrected within the time period established in the notice or other -agreed upon timeline, as appropriate. -Such finding shall be made in writing and shall be served upon the owner -or occupant. -An appeal of the final order of the code official may be had by any -person aggrieved by such order. -Such appeal shall follow the procedures established in section 8-205(f) -and (g). -.LP -(Code 1999, § 8-1142; Ord. -No. -102(94), 12-5-1994; Ord. -No. -196(97), 6-16-1997; Ord. -No. -451(04), 4-19-2004) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326959_Ordinance%20No.%20807%20(15).pdf" -A "\c" \ - -- "807(15)" -\& on 10/19/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-12_MEDICAL_MARIJUANA" -A "\c" \ - -- "CHAPTER 8-12 MEDICAL MARIJUANA" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1201_Definitions" -A "\c" \ - -- "Sec 8-1201 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1202_General_Requirements" -A "\c" \ - -- "Sec 8-1202 General Requirements" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1203_Medical_Marijuana_Dispensary" -A "\c" \ - -- "Sec 8-1203 Medical Marijuana Dispensary" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1204_Commercial_Medical_Marijuana_Growing_Facilities" -A "\c" \ - -- "Sec 8-1204 Commercial Medical Marijuana Growing Facilities" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1205_Commercial_Medical_Marijuana_Processing_Facility" -A "\c" \ - -- "Sec 8-1205 Commercial Medical Marijuana Processing Facility" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1206_Medical_Marijuana_Testing_Laboratory_Facility" -A "\c" \ - -- "Sec 8-1206 Medical Marijuana Testing Laboratory Facility" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1207_Medical_Marijuana_Research_Facility" -A "\c" \ - -- "Sec 8-1207 Medical Marijuana Research Facility" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1208_Medical_Marijuana_Education_Facility" -A "\c" \ - -- "Sec 8-1208 Medical Marijuana Education Facility" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1209_Medical_Marijuana_Growing_For_Personal_Use" -A "\c" \ - -- "Sec 8-1209 Medical Marijuana Growing For Personal Use" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1210_Legal_Non-Conforming_Clause" -A "\c" \ - -- "Sec 8-1210 Legal Non-Conforming Clause" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1201_Definitions" -A "\c" \ - -- "Sec 8-1201 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.br -\f[I]Commercial medical marijuana growing facilities\f[R] means an -entity licensed by the State of Oklahoma to cultivate, prepare and -package medical marijuana and transfer or contract for transfer medical -marijuana to a medical marijuana dispensary, medical marijuana -processor, any other medical marijuana commercial grower, medical -marijuana research facility, medical marijuana education facility and -pesticide manufacturers. -A commercial grower may sell seeds, flower or clones to commercial -growers. -.br -\f[I]Commercial medical marijuana processing facilities\f[R] means an -entity licensed by the State of Oklahoma to operate a business including -the production, manufacture, extraction, processing, packaging or -creation of concentrate, medical-marijuana-infused products or other -medical marijuana products. -.PP -\f[I]Hazardous processor license\f[R] means a license issued to a -medical marijuana processor that performs an extraction method that -utilizes chemicals considered hazardous by the OSHA Hazard Communication -Standard under 29 CFR § 1910.1200. -.PP -\f[I]Medical marijuana dispensary\f[R] means an entity that has been -licensed by the State of Oklahoma to purchase medical marijuana or -medical marijuana products from a licensed medical marijuana commercial -grower or medical marijuana processor, sell medical marijuana or medical -marijuana products to patients and caregivers, or sell or transfer -products to another dispensary. -.br -.PP -.br -\f[I]Medical marijuana education facility\f[R] means a person or entity -approved to operate a facility providing training and education to -individuals involving the cultivation, growing, harvesting, curing, -preparing, packaging or testing of medical marijuana, or the production -of medical-marijuana-infused products or other medical marijuana -products. -.br -\f[I]Medical marijuana growing for personal use\f[R] means any -individual licensed by the State of Oklahoma to grow up to six mature -marijuana plants and up to six seedling plants within a single residence -for personal medical use. -.br -\f[I]Medical marijuana research facility means\f[R] a person or entity -approved to conduct medical marijuana research. -.br -\f[I]Medical marijuana testing lab\f[R] means a public or private -laboratory licensed to conduct testing and research on medical marijuana -and medical marijuana products. -.br -\f[I]Medical marijuana transporter\f[R] means a person or entity that is -licensed by the State of Oklahoma to transport medical marijuana. -A medical marijuana transporter does not include a medical marijuana -business that transports its own medical marijuana, medical marijuana -concentrate or medical marijuana products to a property or facility -adjacent to or connected to the licensed premises if the property is -another licensed premises of the same medical marijuana business. -.br -\f[I]Medical marijuana waste\f[R] means unused, surplus, returned or -out-of-date marijuana, plant debris of the plant of the genus Cannabis, -including dead plants and all unused plant parts and roots. -.PP -\f[I]Non-hazardous processor license\f[R] means a license issued by the -Authority to a processor that will not perform any processing or -extraction methods that utilize a chemical considered hazardous by the -OSHA Hazard Communication Standard under 29 CFR § 1910.1200. -.PP -\f[I]School\f[R] means a public or private preschool or a public or -private elementary or secondary school used for school classes and -instruction. -A homeschool, daycare, or child-care facility shall not be considered a -\[dq]school.\[dq] -.PP -The city hereby adopts all other terms and definitions as established by -state law or department of health regulations. -In the event of a conflict between any definitions contained herein, the -definition promulgated by the state or the department of health shall -prevail. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ - -- "925(19)" -\& on 12/2/2019 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1677620270_1020.23.pdf" -A "\c" \ - -- "1020.23" -\& on 2/21/2023 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1202_General_Requirements" -A "\c" \ - -- "Sec 8-1202 General Requirements" -\& -.IP " 1." 5 -Applicants for any license contained herein shall be required to possess -a valid State of Oklahoma issued medical marijuana license prior to -making application for the city license. -.IP " 2." 5 -The commercial licenses outlined in this chapter will be subject to -property inspection by an authorized city inspector prior to issuance to -ensure compliance with all codes of the city. -.IP " 3." 5 -The property inspection will occur at a time scheduled and approved by -both the applicant and the city inspector. -.IP " 4." 5 -The applicant will be required to be present during the inspection. -.IP " 5." 5 -All structures, equipment, and apparatus shall comply with all building -and fire codes currently adopted by the State of Oklahoma and the City -of Moore. -.IP " 6." 5 -A medical marijuana business license application shall be filled out and -signed by the property and business owner and submitted to the city -clerk prior to scheduling an inspection. -.IP " 7." 5 -A nonrefundable license fee, as established by this chapter, shall be -paid at the time the application is submitted. -.IP " 8." 5 -The license fee shall be set according to and used to offset municipal -expenses covering costs related to licensing, inspection, -administration, and enforcement of this article. -.IP " 9." 5 -License holder shall remit all required state and city sales tax. -.IP " 10." 5 -It is the intent of the City of Moore that nothing in the medical -marijuana ordinance be construed to: -.RS 5 -.IP " 1." 4 -Allow persons to engage in conduct that endangers the health, safety, or -welfare of the citizens of the City of Moore, or causes a public -nuisance; -.IP " 2." 4 -Allow the use of marijuana for non-medical purposes; or -.IP " 3." 4 -Allow any activity that is otherwise illegal and not permitted by state -law. -.RE -.IP " 11." 5 -Additional regulations: -.RS 5 -.IP " 1." 4 -Smoking and vaping marijuana shall be prohibited on all city property -including vehicles, buildings, and parks as well as other property -defined in Title 63 O.S. -Section 1-1521 et seq. -to be cited as the \[dq]Smoking in Public Places and Indoor Workplace -Act.\[dq] -.IP " 2." 4 -Revocation or suspension of municipal issued marijuana license: -.RS 4 -.IP " 1." 4 -The city manager or designee shall revoke or suspend a license issued -under this section on any of the following grounds: -.RS 4 -.IP " 1." 4 -The license was procured by fraudulent conduct or false statement of a -material fact or a fact concerning the applicant was not disclosed at -the time of the application, and such fact would have constituted just -cause for refusal to issue the license; -.IP " 2." 4 -Violation of any city ordinance, state law, or department of health -regulations governing medical marijuana; -.IP " 3." 4 -Or any acts deemed to be a public nuisance. -.RE -.IP " 2." 4 -Prior to suspension or revocation, the permittee shall be given notice -of the proposed action to be taken and shall have an opportunity to be -heard before the city manager. -If an employee has been designated by the city manager, such employee -shall make a report to the city manager together with a recommendation -as to whether the license should be suspended or revoked. -.IP " 3." 4 -The operation of a commercial medical marijuana facility without -achieving and maintaining a current applicable municipal issued medical -marijuana business license shall be punishable by a fine not exceeding -$500.00 and each day the violation continues shall be deemed a separate -offense. -.RE -.IP " 3." 4 -Any person or entity applying for or issued a license by the City of -Moore shall comply with all state law and department of health rules and -regulations, as may be amended from time to time. -.IP " 4." 4 -Revocation of the state issued license shall result in immediate -revocation of the city issued license. -.RE -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ - -- "925(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1203_Medical_Marijuana_Dispensary" -A "\c" \ - -- "Sec 8-1203 Medical Marijuana Dispensary" -\& -.LP -Medical marijuana dispensaries are hereby allowed within the municipal -boundaries of Moore, Oklahoma upon compliance of the above general -requirements, issuance of a retail medical marijuana dispensary business -license and the following additional provisions: -.IP " 1." 4 -A medical marijuana dispensary shall only be located within one of the -following zoning districts: -.RS 4 -.IP " 1." 4 -C-2, Neighborhood Commercial District. -.IP " 2." 4 -C-3, General Commercial District. -.IP " 3." 4 -C-4, Planned Shopping Center District. -.IP " 4." 4 -C-5, Automotive and Commercial Recreation District. -.IP " 5." 4 -C-6, Central Business District. -.IP " 6." 4 -I-1, Light Industrial District. -.RE -.IP " 2." 4 -Medical marijuana dispensary business license shall not be granted to -any applicant where the proposed location would be located within 1,000 -feet of any school entrance. -The distance described shall be computed by direct measurement in a -straight line from the nearest property line of the parcel of land on -which the use described in herein is located to the nearest entrance of -the building or unit of the school. -.IP " 3." 4 -Conditions of operation: -.RS 4 -.IP " 1." 4 -The retail establishment must maintain a valid sales tax permit issued -by the State of Oklahoma. -.IP " 2." 4 -No on premises use of marijuana or its derivatives shall be allowed. -.IP " 3." 4 -Any violations of this section will result in the revocation of the -retail medical marijuana business license. -.RE -.IP " 4." 4 -There shall be a business license fee and an annual renewal fee as set -forth in the city of Moore\[aq]s fee schedule. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ - -- "925(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1204_Commercial_Medical_Marijuana_Growing_Facilities" -A "\c" \ - -- "Sec 8-1204 Commercial Medical Marijuana Growing Facilities" -\& -.LP -Commercial medical marijuana growing facilities are hereby allowed -within the municipal boundaries of Moore, Oklahoma upon compliance with -the general requirements above, issuance of a commercial medical -marijuana growing license and the following provisions: -.IP " 1." 4 -Commercial medical marijuana growing facilities shall only be located -within one of the following zoning districts: -.RS 4 -.IP " 1." 4 -A-1, Rural Agriculture. -.IP " 2." 4 -A-2, Suburban Agriculture. -.IP " 3." 4 -I-1, Light Industrial. -.IP " 4." 4 -I-2, Medium Industrial. -.IP " 5." 4 -I-3, Heavy Industrial. -.RE -.IP " 2." 4 -Conditions of operation: -.RS 4 -.IP " 1." 4 -The facility shall be a secure building with limited access. -The secure area must be locked at all times. -.IP " 2." 4 -The growing area including any lighting, plumbing or electrical -components used shall comply with all building and fire codes adopted by -the State of Oklahoma and the City of Moore. -.IP " 3." 4 -The buildings/area where marijuana is grown must be properly ventilated -so as to not create humidity, mold or other related problems and must be -equipped with ventilation/air filtration systems so that no odors are -detectible off premises. -.RE -.IP " 3." 4 -There shall be a business license fee and an annual renewal fee as set -forth in the city of Moore\[aq]s fee schedule. -.br -.RS 4 -.PP -.na -.TS -delim(@@) tab( ); -. -T{ -T} -T{ -T} -T{ -T} -T{ -T} -T{ -T} -T{ -T} -T{ -T} -.TE -.ad -.RE -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ - -- "925(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1205_Commercial_Medical_Marijuana_Processing_Facility" -A "\c" \ - -- "Sec 8-1205 Commercial Medical Marijuana Processing Facility" -\& -.LP -Commercial medical marijuana processing facilities are hereby allowed -within the municipal boundaries of Moore, Oklahoma upon compliance with -the general requirements above, issuance of a commercial medical -marijuana processing license and the following provisions: -.IP " 1." 4 -Commercial hazardous medical marijuana processing facilities shall only -be located within one of the following zoning districts: -.RS 4 -.IP " 1." 4 -A-1, Rural Agriculture. -.IP " 2." 4 -A-2, Suburban Agriculture. -.IP " 3." 4 -I-1 - Light Industrial. -.IP " 4." 4 -I-2, Medium Industrial. -.IP " 5." 4 -I-3, Heavy Industrial. -.RE -.IP " 2." 4 -Commercial non-hazardous medical marijuana processing facilities may be -located within one of the following zoning districts in addition to the -zoning districts listed in Section 8-1205(A) allowable for commercial -hazardous medical marijuana processing facilities: -.br -.RS 4 -.IP " 1." 4 -C-2, Neighborhood Commercial District -.br -.IP " 2." 4 -C-3, General Commercial District -.br -.IP " 3." 4 -C-4, Planned Shopping Center District -.br -.IP " 4." 4 -C-5, Automotive and Commercial Recreation District -.br -.IP " 5." 4 -C-6, Central Business District -.br -.RE -.IP " 3." 4 -Conditions of operation: -.RS 4 -.IP " 1." 4 -Hazardous Medical Marijuana Processing facilities: -.br -.RS 4 -.IP " 1." 4 -The facility shall be a secure building with limited access. -The secure area must be locked at all times. -.br -.IP " 2." 4 -The processing area including any lighting, plumbing or electrical -components used shall comply with all building and fire codes adopted by -the State of Oklahoma and the City of Moore. -.br -.IP " 3." 4 -The buildings where medical marijuana is processed must be properly -ventilated so as to not create humidity, mold or other related problems -and must be equipped with ventilation/air filtration systems so that no -odors are detectible off premises. -.br -.RE -.IP " 2." 4 -Non-hazardous Medical Marijuana Processing Facilities: -.br -.RS 4 -.IP " 1." 4 -In the C-2 through C-6 zoning districts, non-hazardous medical marijuana -processing facilities shall be limited to no more that 25% of the gross -leasable floor area and shall be clearly incidental to the retail use of -the commercial space. -.br -.IP " 2." 4 -In the C-2 through C-6 zoning districts, non-hazardous medical marijuana -processing facilities shall be limited to rolling cigarettes, baking or -cooking, and packaging. -.br -.IP " 3." 4 -The processing area including any lighting, plumbing or electrical -components used shall comply with all building and fire codes adopted by -the State of Oklahoma and the City of Moore. -.br -.IP " 4." 4 -A commercial kitchen meeting all building and fire codes is required for -non0hazardous medical marijuana processing that involves baking or -cooking. -.br -.IP " 5." 4 -The buildings where medical marijuana is processed must be properly -ventilated so as to not create humidity, mold or other related problems -and must be equipped with ventilation/air filtration systems so that no -odors are detectible off premises or outside of the lease space, as -applicable. -.br -.RE -.RE -.IP " 4." 4 -There shall be a business license fee and an annual renewal fee as set -forth in the city of Moore\[aq]s fee schedule. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ - -- "925(19)" -\& on 12/2/2019 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1677620270_1020.23.pdf" -A "\c" \ - -- "1020.23" -\& on 2/21/2023 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1206_Medical_Marijuana_Testing_Laboratory_Facility" -A "\c" \ - -- "Sec 8-1206 Medical Marijuana Testing Laboratory Facility" -\& -.LP -Medical marijuana testing laboratory facilities are hereby allowed -within the municipal boundaries of Moore, Oklahoma upon compliance with -the general requirements above, issuance of a medical marijuana testing -laboratory license and the following additional requirements: -.IP " 1." 4 -Medical marijuana testing laboratory facilities shall only be located -within one of the following zoning districts: -.RS 4 -.IP " 1." 4 -C-2, Neighborhood Commercial District. -.IP " 2." 4 -C-3, General Commercial District. -.IP " 3." 4 -C-4, Planned Shopping Center District. -.IP " 4." 4 -C-5, Automotive and Commercial Recreation District. -.IP " 5." 4 -C-6, Central Business District. -.IP " 6." 4 -I-1, Light Industrial District. -.RE -.IP " 2." 4 -Conditions of operation: -.RS 4 -.IP " 1." 4 -The facility shall be a secure building with limited access. -The secure area must be locked at all times. -.IP " 2." 4 -The area shall comply with all building and fire codes adopted by the -State of Oklahoma and the City of Moore. -.IP " 3." 4 -The buildings where medical marijuana is stored or tested must be -properly ventilated so as to not create humidity, mold or other related -problems and must be equipped with ventilation/air filtration systems so -that no odors are detectible off premises. -.RE -.IP " 3." 4 -There shall be a business license fee and an annual renewal fee as set -forth in the city of Moore\[aq]s fee schedule. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ - -- "925(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1207_Medical_Marijuana_Research_Facility" -A "\c" \ - -- "Sec 8-1207 Medical Marijuana Research Facility" -\& -.LP -Medical marijuana research facilities are hereby allowed within the -municipal boundaries of Moore, Oklahoma upon compliance with the general -requirements above, issuance of a medical marijuana research license and -the following additional requirements: -.IP " 1." 4 -Medical marijuana research facilities shall only be located within one -of the following zoning districts: -.RS 4 -.IP " 1." 4 -C-2, Neighborhood Commercial District. -.IP " 2." 4 -C-3, General Commercial District. -.IP " 3." 4 -C-4, Planned Shopping Center District. -.IP " 4." 4 -C-5, Automotive and Commercial Recreation District. -.IP " 5." 4 -C-6, Central Business District. -.IP " 6." 4 -I-1, Light Industrial District. -.RE -.IP " 2." 4 -Conditions of operation: -.RS 4 -.IP " 1." 4 -The facility shall be a secure building with limited access. -The secure area must be locked at all times. -.IP " 2." 4 -The area shall comply with all building and fire codes adopted by the -State of Oklahoma and the City of Moore. -.IP " 3." 4 -The buildings where medical marijuana is stored or where research is -being conducted must be properly ventilated so as to not create -humidity, mold or other related problems and must be equipped with -ventilation/air filtration systems so that no odors are detectible off -premises. -.RE -.IP " 3." 4 -There shall be a business license fee and an annual renewal fee as set -forth in the city of Moore\[aq]s fee schedule. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1208_Medical_Marijuana_Education_Facility" -A "\c" \ - -- "Sec 8-1208 Medical Marijuana Education Facility" -\& -.LP -Medical marijuana education facilities are hereby allowed within the -municipal boundaries of Moore, Oklahoma upon compliance with the general -requirements above, issuance of a medical marijuana education license -and the following additional requirements: -.IP " 1." 4 -Medical marijuana education facilities shall only be located within one -of the following zoning districts: -.RS 4 -.IP " 1." 4 -A-1, Rural Agriculture. -.IP " 2." 4 -A-2, Suburban Agriculture. -.IP " 3." 4 -I-1, Light Industrial. -.IP " 4." 4 -I-2, Medium Industrial. -.IP " 5." 4 -I-3, Heavy Industrial. -.RE -.IP " 2." 4 -Conditions of operation: -.RS 4 -.IP " 1." 4 -The facility shall be a secure building with limited access. -The secure area must be locked at all times. -.IP " 2." 4 -The area shall comply with all building and fire codes adopted by the -State of Oklahoma and the City of Moore. -.IP " 3." 4 -The buildings where medical marijuana is stored must be properly -ventilated so as to not create humidity, mold or other related problems -and must be equipped with ventilation/air filtration systems so that no -odors are detectible off premises. -.RE -.IP " 3." 4 -There shall be a business license fee and an annual renewal fee as set -forth in the city of Moore\[aq]s fee schedule. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ - -- "925(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1209_Medical_Marijuana_Growing_For_Personal_Use" -A "\c" \ - -- "Sec 8-1209 Medical Marijuana Growing For Personal Use" -\& -.LP -Medical marijuana growing for personal use is hereby allowed within the -municipal boundaries of Moore, Oklahoma upon compliance with the general -requirements above and the following additional provisions: -.IP " 1." 4 -All medical marijuana grown by medical marijuana patient license holders -or caregivers may only be grown on real property owned by the patient -license holder/caregiver or on real property for which the patient -license holder/caregiver has the property owner\[aq]s written permission -to grow marijuana on the property. -.IP " 2." 4 -All medical marijuana plants grown by a patient or caregiver shall be -grown so that the marijuana is not accessible to a member of the general -public. -No marijuana plants shall be visible from any street adjacent to the -property. -For purposes of this section, \[dq]visible\[dq] means viewable by a -normal person with 20/20 eyesight without the use of any device to -assist in improving viewing distance or vantage point. -.IP " 3." 4 -It is expressly prohibited to operate extraction equipment or utilize -extraction processes if the equipment or process utilizes butane, -propane, carbon dioxide or any other potentially hazardous material in a -residential property. -.IP " 4." 4 -Growing medical marijuana shall not be conducted in a manner that -constitutes a public nuisance. -A public nuisance may be deemed to exist if growing marijuana produces -light, glare, heat, noise, odor or vibration that is detrimental to -public health, safety or welfare or interferes with the reasonable -enjoyment of life and property. -.IP " 5." 4 -The primary use of the residential property in which medical marijuana -is grown shall remain at all times a residence, with legal and -functioning cooking, eating, sleeping, and sanitation/bathing facilities -with proper ingress and egress. -No room shall be used for growing marijuana where such cultivation will -impair or prevent the primary uses of cooking, eating, sleeping or -sanitation/bathing. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ - -- "925(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1210_Legal_Non-Conforming_Clause" -A "\c" \ - -- "Sec 8-1210 Legal Non-Conforming Clause" -\& -.IP " 1." 4 -Any commercial medical marijuana business that has filed for a -certificate of occupancy by January 1, 2020 and is in possession of a -state issued medical marijuana license indicating the business activity -being performed, yet is not zoned in compliance with the zoning -restrictions contained in this chapter, will be allowed as legal -nonconforming for purposes of the state required certificate of -compliance. -.IP " 2." 4 -If the entity is not in possession of an appropriate state issued -medical marijuana license at the time of the filing of the certificate -of occupancy by the January 1, 2020 deadline, and is not zoned in -compliance with the zoning restrictions contained in this chapter, the -proposed activity will be allowed as legal non-conforming for purposes -of the state-required certificate of compliance. -The legal non-conforming status indicated on the certificate of -compliance is subject to the entity providing an appropriate State of -Oklahoma issued commercial medical marijuana license issued to that -entity at the address indicated on the certificate of occupancy by June -1, 2020. -If the entity has applied for and has been issued a commercial remodel -permit between the dates of December 2, 2019 and June 1, 2020, the legal -non-conforming status of the entity is subject to the entity obtaining -all the needed signatures of the city by September 15, 2020 that is -required by the state\[aq]s certificate of compliance in order for that -entity to obtain the State of Oklahoma issued medical marijuana license. -.br -Once in possession of the state-issued medical marijuana license, legal -nonconforming status may continue so long as the use remains otherwise -lawful, subject to the following provisions: -.RS 4 -.IP " 1." 4 -No such legal nonconforming use shall be moved in whole or in part to -any other portion of the lot or parcel occupied after January 1, 2020. -.IP " 2." 4 -No such legal nonconforming use shall be enlarged or increased or -extended to occupy a greater area of land than was occupied as of -January 1, 2020. -.IP " 3." 4 -If the legal nonconforming use ceases for any reason for a period of -more than 30 days, any subsequent use of land shall conform to the -zoning regulations contained in this section. -.RE -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf" -A "\c" \ - -- "925(19)" -\& on 12/2/2019 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350432_947%20(20).pdf" -A "\c" \ - -- "947(20)" -\& on 7/6/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-13_MULTI-FAMILY_CODE" -A "\c" \ - -- "CHAPTER 8-13 MULTI-FAMILY CODE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1301_Adoption_Of_2015_International_Property_Maintenance_Code" -A "\c" \ - -- "Sec 8-1301 Adoption Of 2015 International Property Maintenance Code" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1302_Amendments_To_Multi-Family_Code" -A "\c" \ - -- "Sec 8-1302 Amendments To Multi-Family Code" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1303_Notice" -A "\c" \ - -- "Sec 8-1303 Notice" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1301_Adoption_Of_2015_International_Property_Maintenance_Code" -A "\c" \ - -- "Sec 8-1301 Adoption Of 2015 International Property Maintenance Code" -\& -.LP -There is hereby adopted that certain code known as, the 2015 -International Property Maintenance Code, as the property maintenance -code of the city for the control of multi-family dwelling structures -containing three or more units, three or more stories in height, -referred to herein as \[dq]the multi-family code.\[dq] Each and all of -the regulations, provisions, penalties, conditions and terms of the -multi-family code are hereby referred to, adopted and made a part hereof -as if fully set out in this Code, with the additions, insertions, -deletions and changes as prescribed herein. -Not less than one copy of this code is on file in the office of the -clerk. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf" -A "\c" \ - -- "919(19)" -\& on 8/7/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1302_Amendments_To_Multi-Family_Code" -A "\c" \ - -- "Sec 8-1302 Amendments To Multi-Family Code" -\& -.LP -The following additions, amendments or deletions are made to the -building code adopted herein: -.PP -Section 101.1- Insert: City of Moore -.PP -Section 101.2- Delete existing language in this section and replace with -the following: -.PP -The provisions of this code shall apply to all new and existing -residential multi-family structures containing three or more dwelling -units, three stories or more in height and constitute minimum -requirements and standards for premises, structures, equipment, and -facilities for light, ventilation, space, heating, sanitation, -protections from the elements, a reasonable level of safety from fire -and other hazards, and for a reasonable level of sanitary maintenance; -the responsibility of the owners, an owner\[aq]s authorized agent, -operators and occupants; the occupancy of existing structures and -premises, and for administration, enforcement and penalties. -Nothing in this code shall be seen as a lessening of the requirements of -the Moore Municipal Code and all properties under the jurisdiction of -this code shall be required to uphold all of the provisions set out in -the Moore Municipal Code in addition to the provisions found in this -code. -.PP -Section 102.1 General: Insert the following after the last sentence: -.PP -Where this code and the municipal code of the City of Moore conflict, it -shall be to the determination of the Community Development Director or -their designee to determine the resolution to the conflicting sections. -.PP -Section 103.1- Delete \[dq]department of property maintenance -inspection\[dq] and insert \[dq]Code Enforcement Department\[dq] -.PP -Section 103.5- Insert: Fee Schedule of the City of Moore as shall be -amended from time to time. -.PP -Section 104.2- Amended to read as follows: -.PP -The code official shall make any inspection deemed necessary by the -Community Development Director or their designee. -.PP -Section 106.3- Delete \[dq]of a misdemeanor or civil infraction as -determined by the local municipality, and the violation shall be -determined a strict liability offense.\[dq] Insert \[dq]of an -offense.\[dq] -.PP -Section 106.4 Violation Penalty: Insert the following after the last -sentence: -.PP -Any person, firm or corporation, who shall violate any provision of this -code upon conviction thereof shall be guilty of an offense and be -subject to a fine in an amount as provided in Section 1-108 of the Moore -Municipal Code. -.PP -Section 107.1- Amended to read as follows: -.PP -Whenever the code official determines that a there has been a violation -of this code or has grounds to believe that a violation has occurred, -notice shall be given in accordance with state law and the Moore City -Code. -.PP -Section 107.2- Delete entire section -.PP -Section 107.3- Delete entire section -.PP -Section 107.5- Delete entire section -.PP -Section 107.6- Delete entire section -.PP -Section 108.1- Amended to read as follows: -.PP -When a structure is found by the code official to be unsafe or unfit for -human occupancy or otherwise dilapidated as defined by state law, such -structure shall be declared dilapidated in accordance with Part 8, -Chapter 3 of the Moore City Code, and the provisions of that chapter -shall apply. -.PP -Sections 108.1.1 through 108.7- Delete entire section -.PP -Section 110- Delete entire section -.PP -Section 111.1- Amended to read as follows: -.PP -Any owner or operator of a building affected by the decision of the code -official shall have the right to appeal to City Council, provided that -the application is made in writing and is filed with the City Clerk -within twenty (20) days of the decision or notice. -An application for appeal shall be based on a claim that the true intent -of this code has been incorrectly applied, or the code is not -applicable. -.PP -Sections 111.2 through 111.6.2- Delete entire section -.PP -Section 112.4- Amended to read as follows: -.PP -Any person(s) of firm(s) who shall continue any work after having been -served with a stop work order, except such work as that person(s) or -firm(s) has been directed to perform to remove a violation or unsafe -condition, shall be guilty of an offense and upon conviction shall be -punished in accordance with Section 1-108 of the Moore City Code. -Each violation of said stop work order shall be considered a separate -offense. -.PP -Section 302.4- Amended to read as follows: -.PP -Premises and exterior property shall be maintained free from weeds or -plant growth in accordance with Part 8 of the Moore City Code. -.PP -Section 302.5- Amended to read as follows: -.PP -Premises and exterior property shall be kept free from rodent harborage -and infestation in accordance with Part 8 of the Moore City Code. -.PP -Section 302.8- Amended to read as follows: -.PP -\f[I]Inoperative or unlicensed vehicles shall be in accordance with Part -8 of the Moore City Code\f[R]. -.PP -Section 304.3- Delete \[dq]4 inches\[dq] Insert \[dq]3 inches\[dq] -.PP -Section 304.14- Insert: -.PP -March 15 to November 15 -.PP -Section 309.3 Single Occupant: Delete existing language and replace with -the following: -.PP -Reserved -.PP -Section 402.2- Amended to read as follows: -.PP -Every common hall and stairway shall be lighted at all times with not -less than the equivalent of a 60-watt standard bulb for each 200 square -feet of floor area, provided the spacing between light sources does not -exceed 30 feet. -.PP -Section 404.4.1 Room Area. -Delete existing language and replace with the following: -.PP -Every living room shall contain not less than 120 square feet and every -bedroom shall contain not less than 70 square feet. -.PP -Section 404.5 Overcrowding: Delete sections 404.5, 404.5.1 and 404.5.2 -and replace with the following: -.PP -Reserved -.PP -Section 502.2 through 502.3- Delete entire section -.PP -Section 503.2- Delete entire section -.PP -Section 506.1- Delete: \[dq]an approved private sewage disposal -system\[dq] -.PP -Section 506.3- Add the following language to the end of the section: -.PP -Grease interceptors shall be maintained in accordance with the Moore -Municipal Code -.PP -Section 602.3- Amended to read as follows: -.PP -Every owner or operator of any building covered by this code, shall -supply heat to the occupants thereof to maintain a minimum temperature -of 68 degrees Fahrenheit in all habitable rooms, bathrooms, and toilet -rooms. -.PP -Section 602.4- Amended to read as follows: -.PP -Indoor occupiable work space shall be supplied with heat to maintain a -minimum temperature of 68 degrees Fahrenheit while the space is -occupied. -.PP -Exceptions -.IP " 1." 4 -Processing, storage and operation areas that require cooling or special -temperature conditions. -.IP " 2." 4 -Areas in which persons are primarily engaged in physical activities. -.LP -Section 604.3.1.1- Amend section by deleting Exceptions 1-4, 6-13, 15, -1-18. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf" -A "\c" \ - -- "919(19)" -\& on 8/7/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1303_Notice" -A "\c" \ - -- "Sec 8-1303 Notice" -\& -.LP -Nothing in the multi-family code shall be construed to negate the -applicability of the Moore City Code to any and all structures subject -to the provisions of the multi-family code. -All structures under the regulations set out in the multi-family code -shall also fall under the other requirements as set out in the Moore -City Code. -In situations where there is conflict, the more stringent code shall -apply as determined by the community development director or their -designee. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf" -A "\c" \ - -- "919(19)" -\& on 8/7/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_9_LICENSE_AND_BUSINESS_REGULATIONS" -A "\c" \ - -- "PART 9 LICENSE AND BUSINESS REGULATIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-1_GENERAL_PROVISIONS" -A "\c" \ - -- "CHAPTER 9-1 GENERAL PROVISIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-2_UNIFORM_CODE_FOR_EMERGENCY_MEDICAL_SERVICES" -A "\c" \ - -- "CHAPTER 9-2 UNIFORM CODE FOR EMERGENCY MEDICAL SERVICES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-3_BILLIARD_AND_POOL_HALLS" -A "\c" \ - -- "CHAPTER 9-3 BILLIARD AND POOL HALLS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-4_CHILD_CARE_ESTABLISHMENTS" -A "\c" \ - -- "CHAPTER 9-4 CHILD CARE ESTABLISHMENTS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-5_DANCE_HALLS" -A "\c" \ - -- "CHAPTER 9-5 DANCE HALLS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-6_GARAGE_AND_RESIDENTIAL_SALES_AND_FLEA_MARKETS" -A "\c" \ - -- "CHAPTER 9-6 GARAGE AND RESIDENTIAL SALES AND FLEA MARKETS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-7_ITINERANT_VENDORS_AND_CHARITABLE_SOLICITATIONS" -A "\c" \ - -- "CHAPTER 9-7 ITINERANT VENDORS AND CHARITABLE SOLICITATIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-8_PAWNBROKERS" -A "\c" \ - -- "CHAPTER 9-8 PAWNBROKERS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-9_PRECIOUS_METALS_DEALERS" -A "\c" \ - -- "CHAPTER 9-9 PRECIOUS METALS DEALERS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-10_RECREATION_CENTERS_AND_AMUSEMENT_DEVICES" -A "\c" \ - -- "CHAPTER 9-10 RECREATION CENTERS AND AMUSEMENT DEVICES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-11_WRECKERS_AND_TOWING_SERVICE" -A "\c" \ - -- "CHAPTER 9-11 WRECKERS AND TOWING SERVICE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-12_MASSAGE_PARLORS_AND_HEALTH_SPAS" -A "\c" \ - -- "CHAPTER 9-12 MASSAGE PARLORS AND HEALTH SPAS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-13_PENALTIES" -A "\c" \ - -- "CHAPTER 9-13 PENALTIES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-14_TATTOOING,_BODY_PIERCING_AND_MEDICAL_MICROPIGMENTATION" -A "\c" \ - -- "CHAPTER 9-14 TATTOOING, BODY PIERCING AND MEDICAL MICROPIGMENTATION" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-15_HOME_OCCUPATIONS" -A "\c" \ - -- "CHAPTER 9-15 HOME OCCUPATIONS" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Licenses generally, 11 O.S. -§§ 22-106, 22-107. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-1_GENERAL_PROVISIONS" -A "\c" \ - -- "CHAPTER 9-1 GENERAL PROVISIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-101_Licenses_Conditioned_On_Compliance_With_Code_Provisions" -A "\c" \ - -- "Sec 9-101 Licenses Conditioned On Compliance With Code Provisions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-102_Issuance_Conditioned_Upon_Approval,_Fees,_Inspection_Or_Bond" -A "\c" \ - -- "Sec 9-102 Issuance Conditioned Upon Approval, Fees, Inspection Or Bond" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-103_Transfer_Prohibited" -A "\c" \ - -- "Sec 9-103 Transfer Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-104_Issuing_Officer,_Signatures,_Corporate_Seal" -A "\c" \ - -- "Sec 9-104 Issuing Officer, Signatures, Corporate Seal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-105_Free_Licenses_And_Rebates;_Partial_Fees" -A "\c" \ - -- "Sec 9-105 Free Licenses And Rebates; Partial Fees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-106_Expiration_Date" -A "\c" \ - -- "Sec 9-106 Expiration Date" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-107_Suspension_Or_Revocation" -A "\c" \ - -- "Sec 9-107 Suspension Or Revocation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-108_Licenses_And_Permits,_Not_To_Be_Construed_As_An_Endorsement" -A "\c" \ - -- "Sec 9-108 Licenses And Permits, Not To Be Construed As An Endorsement" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-109_Renewal_Of_Licenses,_General_Requirements" -A "\c" \ - -- "Sec 9-109 Renewal Of Licenses, General Requirements" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-110_Processing_Fee_For_All_Licenses,_Permits" -A "\c" \ - -- "Sec 9-110 Processing Fee For All Licenses, Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-111_License_Required,_Purpose" -A "\c" \ - -- "Sec 9-111 License Required, Purpose" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-112_Application" -A "\c" \ - -- "Sec 9-112 Application" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-113_Posting" -A "\c" \ - -- "Sec 9-113 Posting" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-114_Suspension_Or_Revocation_Of_Licenses_Or_Permits;_Refusal_To_Issue_Licenses_Or_Permits;_Notice_And_Hearing" -A "\c" \ - -- "Sec 9-114 Suspension Or Revocation Of Licenses Or Permits; Refusal To Issue Licenses Or Permits; Notice And Hearing" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-115_Weights_And_Measures" -A "\c" \ - -- "Sec 9-115 Weights And Measures" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-116_Penalty" -A "\c" \ - -- "Sec 9-116 Penalty" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Licenses generally, 11 O.S. -§§ 22-106, 22-107. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-101_Licenses_Conditioned_On_Compliance_With_Code_Provisions" -A "\c" \ - -- "Sec 9-101 Licenses Conditioned On Compliance With Code Provisions" -\& -.LP -All permits and licenses issued under the provisions of this Code for or -to any person, business, activity, device or machine shall be -conditioned upon substantial compliance by the permittee or licensee -with all provisions of this Code for the regulation and maintenance of -the public order, welfare, peace, health and safety. -In addition, the permits and licenses shall be conditioned upon strict -compliance with the provisions of this Code relating specifically to the -person, business, activity, device or machine covered by the permit or -license. -.PP -(Code 1999, § 9-101) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-102_Issuance_Conditioned_Upon_Approval,_Fees,_Inspection_Or_Bond" -A "\c" \ - -- "Sec 9-102 Issuance Conditioned Upon Approval, Fees, Inspection Or Bond" -\& -.LP -Whenever in any section any permit or license issued by an officer, -agency or department is made contingent upon the approval of another -officer, agency or department, or contingent upon the payment of any -fee, or the making of any prior inspection or examination, or the -furnishing of any bond in connection therewith, the issuance of the -permit or license shall be withheld until the approval, inspection or -examination is had or the bond provided and until the fee has been paid -as required. -.PP -(Code 1999, § 9-102) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-103_Transfer_Prohibited" -A "\c" \ - -- "Sec 9-103 Transfer Prohibited" -\& -.LP -No license or permit issued shall be transferable nor may any license or -permit be sold, assigned, or mortgaged, except as may be specifically -authorized by this Code. -No person may attempt to do business under a license or permit -transferred to him. -.PP -(Code 1999, § 9-103) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-104_Issuing_Officer,_Signatures,_Corporate_Seal" -A "\c" \ - -- "Sec 9-104 Issuing Officer, Signatures, Corporate Seal" -\& -.LP -The issuing officer or agency for any license or permit shall be as -prescribed in the section authorizing and commanding it, but no license -shall be valid until signed or stamped by the city clerk or his -designated agent. -.PP -(Code 1999, § 9-104) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-105_Free_Licenses_And_Rebates;_Partial_Fees" -A "\c" \ - -- "Sec 9-105 Free Licenses And Rebates; Partial Fees" -\& -.LP -No free licenses shall be granted, nor rebates allowed, except as -specifically set forth by this Code, nor any sum accepted less than the -amount specified, nor for a shorter period than required by this Code. -.PP -(Code 1999, § 9-105) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-106_Expiration_Date" -A "\c" \ - -- "Sec 9-106 Expiration Date" -\& -.IP " 1." 4 -All annual licenses issued shall expire on April 30 or on the date -specified in this Code or on the license. -.IP " 2." 4 -Where the fee prescribed and paid for is for a period less than one -year, the license shall be issued only for such period and shall expire -at the end thereof. -.IP " 3." 4 -All permits shall expire upon execution of the act or activity for which -the permit was issued, or at the expiration time noted on the permit or -in this Code, whichever occurs first. -.LP -(Code 1999, § 9-106) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-107_Suspension_Or_Revocation" -A "\c" \ - -- "Sec 9-107 Suspension Or Revocation" -\& -.LP -Any permit or license shall be subject to suspension or revocation for -failure to comply with the terms of this Code and as may otherwise be -provided by this Code. -.PP -(Code 1999, § 9-107) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-108_Licenses_And_Permits,_Not_To_Be_Construed_As_An_Endorsement" -A "\c" \ - -- "Sec 9-108 Licenses And Permits, Not To Be Construed As An Endorsement" -\& -.LP -No permit or license shall be construed or used in any manner or by any -person as an official endorsement by the city of the person, activity or -thing licensed or permitted. -.PP -(Code 1999, § 9-108) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-109_Renewal_Of_Licenses,_General_Requirements" -A "\c" \ - -- "Sec 9-109 Renewal Of Licenses, General Requirements" -\& -.LP -For all occupations, activities or businesses regulated in this Code, no -applicant for an initial or renewal license may engage in the activity, -occupation or business regulated without issuance of the license as -provided in this chapter unless otherwise provided herein. -Renewal applications and fees must be received by the city at least ten -days prior to the expiration of the license, except where otherwise -provided by this Code, or else the applicant must proceed in the manner -required of an applicant for a new or initial license. -.PP -(Code 1999, § 9-109 -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-110_Processing_Fee_For_All_Licenses,_Permits" -A "\c" \ - -- "Sec 9-110 Processing Fee For All Licenses, Permits" -\& -.LP -All license and permit fees shall be paid in advance to the city prior -to the issuance of any license or permit. -The fee, less the applicable charge for processing the application for a -permit or license, shall be refunded to the applicant, upon demand, in -case the license or permit filed for is not granted. -Except as provided otherwise in this Code, the processing fee shall be -as set by the city council by motion or resolution. -.PP -(Code 1999, § 9-110) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-111_License_Required,_Purpose" -A "\c" \ - -- "Sec 9-111 License Required, Purpose" -\& -.LP -It is unlawful for any person to engage in, carry on, conduct, operate -or follow any of the trades, businesses, vocations, professions, -callings or activities set out in this Code, unless he has a current -license issued by the city clerk. -Failure to maintain a current business license issued by the city clerk -may result in the revocation of the certificate of occupancy issued on -behalf of the business. -.PP -(Prior Code, § 6-16, in part; Code 1999, § 9-111) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1037.23.pdf" -A "\c" \ - -- "1037.23" -\& on 10/16/2023 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-112_Application" -A "\c" \ - -- "Sec 9-112 Application" -\& -.LP -Application for a license required by this Code shall be filed with the -city clerk and shall contain such reasonable information as he may -require, in addition to any information specifically required by other -provisions of this chapter. -.PP -(Prior Code, § 6-17, in part; Code 1999, § 9-112) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-113_Posting" -A "\c" \ - -- "Sec 9-113 Posting" -\& -.LP -Each license issued under this chapter shall be posted in a conspicuous -place where the business, vocation or calling is carried on, and the -holder of such license shall immediately show the same to any officer of -the city upon being requested so to do. -.PP -(Code 1999, § 9-113) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-114_Suspension_Or_Revocation_Of_Licenses_Or_Permits;_Refusal_To_Issue_Licenses_Or_Permits;_Notice_And_Hearing" -A "\c" \ - -- "Sec 9-114 Suspension Or Revocation Of Licenses Or Permits; Refusal To Issue Licenses Or Permits; Notice And Hearing" -\& -.IP " 1." 4 -The council or other authorized official may refuse to issue or renew a -license or permit, or the licenses or permits issued pursuant to this -Code, unless otherwise provided, may be suspended or revoked by the -council or such other authorized official, department, board or agency, -where applicable, after notice and hearing for any of the following -causes: -.RS 4 -.IP " 1." 4 -Any fraud, misrepresentations or false statements contained in the -application for permit or license; -.IP " 2." 4 -Any fraud, misrepresentation or false statement made in connection with -the selling of goods, wares, merchandise and services; -.IP " 3." 4 -Conviction of the applicant, licensee or permittee of any crime of -misdemeanor involving moral turpitude or a violation of any act of the -state, or any law of the United States having a reasonable relationship -to the purpose and scope of the permit or license; or -.IP " 4." 4 -Conducting the activity under this Code or any ordinance of the city in -an unlawful manner or in such a manner as to constitute a breach of the -peace or to constitute a menace to the health, safety, morals or general -welfare of the public. -.RE -.IP " 2." 4 -Notice of hearing for the suspension or revocation of a license or -permit shall be in writing given by the clerk, setting forth -specifically the grounds of the complaint and the time and place of the -hearing. -Service of such notice shall be made by either personal service or by -certified mail, return receipt requested, to the applicant, licensee or -permittee at the last-known address, at least five days prior to the -date set for the hearing. -.IP " 3." 4 -In case of refusal to issue a permit or license or the suspension or -revocation of a license or permit as herein provided, no portion of the -application, license or permit fee shall be returned to the applicant, -licensee or permittee unless otherwise provided in this Code or any -ordinance of the city. -.IP " 4." 4 -Any suspension or revocation hereunder may be either in addition to or -instead of any penalty or fine as prescribed in this Code or any -ordinance of the city. -.IP " 5." 4 -The order of the council or such other authorized official, department, -board or agency, where applicable, shall be the final municipal action -for the purpose of judicial review unless otherwise specifically -provided. -.IP " 6." 4 -This section is in addition to any other procedures in this Code for -license suspension or revocation. -.LP -(Code 1999, § 9-114) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-115_Weights_And_Measures" -A "\c" \ - -- "Sec 9-115 Weights And Measures" -\& -.LP -It is unlawful for any person to sell or offer for sale any food, fuel, -clothing or any other commodity which does not weigh or measure fully as -much, according to standard weights or measures of the state, as the -weight or measure for which it is sold or offered for sale. -.PP -(Code 1999, § 9-115) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-116_Penalty" -A "\c" \ - -- "Sec 9-116 Penalty" -\& -.LP -A violation of this chapter is punishable as provided in section 1-108. -.PP -(Code 1999, § 9-116) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-2_UNIFORM_CODE_FOR_EMERGENCY_MEDICAL_SERVICES" -A "\c" \ - -- "CHAPTER 9-2 UNIFORM CODE FOR EMERGENCY MEDICAL SERVICES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-201_Definitions" -A "\c" \ - -- "Sec 9-201 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-202_Medical_Director" -A "\c" \ - -- "Sec 9-202 Medical Director" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-203_Mandatory_Centralized_Dispatch_And_Primary_Service_Answering_Point_(P.S.A.P.)" -A "\c" \ - -- "Sec 9-203 Mandatory Centralized Dispatch And Primary Service Answering Point (P.S.A.P.)" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-204_Mandatory_EMS_Data_System_And_Reporting_Standards" -A "\c" \ - -- "Sec 9-204 Mandatory EMS Data System And Reporting Standards" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-205_Insurance_Requirements" -A "\c" \ - -- "Sec 9-205 Insurance Requirements" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-206_Ambulance_Permits" -A "\c" \ - -- "Sec 9-206 Ambulance Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-207_Response_Time_Performance_Required" -A "\c" \ - -- "Sec 9-207 Response Time Performance Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-208_Prohibition_Against_Refusal_To_Transport" -A "\c" \ - -- "Sec 9-208 Prohibition Against Refusal To Transport" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-209_Violations" -A "\c" \ - -- "Sec 9-209 Violations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-210_Penalties" -A "\c" \ - -- "Sec 9-210 Penalties" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Oklahoma Emergency Response Systems -Development Act, 63 O.S. -§ 1-2501 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-201_Definitions" -A "\c" \ - -- "Sec 9-201 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Ambulance\f[R] means any vehicle which is designed and equipped to -transport ill or injured persons in a reclining position, to or from -health care facilities. -.PP -\f[I]Base station physician\f[R] means a physician licensed to practice -medicine in the state, knowledgeable in the medical protocols, radio -procedure, and the general operating policies of the ambulance system, -and a person from whom the ambulance personnel may take medical -direction by radio or other remote communications device; and who shall -be approved by the medical director. -.PP -\f[I]Emergency medical personnel\f[R] means those persons certified or -licensed under state law to provide one or more emergency medical -services. -.PP -\f[I]EMS\f[R] means emergency medical service. -.PP -\f[I]EMS control center\f[R] or \f[I]control center\f[R] means the -single facility which is the central communications center from which -all ambulances operating in the service area shall be dispatched and -controlled, and which receives all 911 emergency medical calls. -.PP -\f[I]EMT\f[R] or \f[I]emergency medical technician\f[R] and categories -thereof shall have the meaning and scope of practice ascribed by state -law. -.PP -\f[I]First responder\f[R] means any person, fire department vehicle, law -enforcement vehicle, or non-transporting ambulance unit capable of -providing appropriate first responder service, under the first responder -program administered by the medical director. -.PP -\f[I]Helicopter rescue unit\f[R] means any rotary wing aircraft -providing basic or advanced life support and transportation of patients. -.PP -\f[I]Medical director\f[R] means the licensed physician serving as -administrative officer in carrying out the duties in section 9-202. -.PP -\f[I]Medical protocol\f[R] means any diagnosis-specific or -problem-oriented written statement of standard procedure, or algorithm, -promulgated by the medical director as the medically appropriate -standard of pre-hospital care for a given clinical condition. -.PP -\f[I]Mutual aid agreement\f[R] means a written agreement between one or -more providers of emergency services, whereby the signing parties agree -to lend emergency aid to one another subject to conditions specified in -the agreement, and as approved by the medical director as to quality of -care and medical accountability. -.PP -\f[I]Patient\f[R] means an individual who is either sick, ill, wounded, -helpless or otherwise incapacitated, and who is in need of, or at risk -of needing, medical care or assessment during transport to or from a -health care facility, and who is reclining or should be transported in a -reclining position under the applicable medical protocols. -.PP -\f[I]Permit\f[R] means that document required to be obtained annually by -each provider of ambulance services under section 9-206. -.PP -\f[I]Person\f[R] means and includes any individual, firm, association, -partnership, corporation, or other group or combination acting as a -unit. -.PP -\f[I]Primary provider\f[R] means a public or private ambulance service -organization which has been designated by one or more governmental -entities to provide emergency ambulance coverage throughout a defined -geographic area. -.PP -\f[I]Priority\f[R]. -.PP -\f[I]Code three\f[R] means an emergent type of call. -This call is made with the use of emergency lights and sirens. -An emergency call is defined as any request for ambulance services -suspected of being life or limb threatening in nature and requiring the -immediate response of an ambulance provider. -.PP -\f[I]Code one\f[R] means the non-emergent type of call. -This call is made without the use of emergency lights and siren. -A non-emergent call is defined as any request for routine transport that -is either medically urgent or scheduled in advance and non-life or -limb -threatening in nature. -.PP -\f[I]Provider\f[R] means any ambulance operation granted a permit by -this jurisdiction to provide ambulance service in the service area. -.PP -\f[I]Response time standards\f[R]. -The response time for all emergency calls will be eight minutes or less, -with a reliability of 90 percent or better, calculated, maintained and -reported on a monthly basis. -All non-emergent medically urgent calls shall be services within one -hour of receipt. -All scheduled transfers shall be serviced within one hour of the -scheduled time. -.PP -\f[I]Service area\f[R] means that primary service area which is -contained within the boundaries of the municipalities which have adopted -and agreed to enforce this uniform ambulance code. -.PP -\f[I]System standard of care\f[R] means the written body of standards -and policies governing clinical aspects of the EMS system. -As used in this context, \[dq]system standard of care\[dq] is a -comprehensive term including: -.IP " 1." 4 -Input standards (e.g., personnel certification requirements, in-service -training requirements, equipment specifications, on-board inventory -requirements, and other requirements which the system must fulfill -before receipt of a request for service); -.IP " 2." 4 -Performance standards (e.g., priority dispatching protocols and -pre-arrival instructions, medical protocols, standing orders, response -time standards, and other performance specifications describing how the -system should behave upon receipt of a request for service); and -.IP " 3." 4 -Outcome standards (e.g., results the system intends to achieve by -meeting its input and performance standards). -.LP -\f[I]System status plan\f[R] means the dispatching plan and protocols -which determine how many ambulances will be available for dispatch, -protocols for event-driven deployment and redeployment of those -ambulances. -.PP -(Code 1999, § 9-201; Ord. -No. -503, 1-15-1990; Ord. -No. -20(92), 4-6-1992; Ord. -No. -144(96), 2-5-1996) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-202_Medical_Director" -A "\c" \ - -- "Sec 9-202 Medical Director" -\& -.IP " 1." 4 -The medical director shall: -.RS 4 -.IP " 1." 4 -Promulgate a system standard of care to include medical protocols -designed to achieve a state-of-the-art medical quality of emergency -medical care within the service area; -.IP " 2." 4 -Prescribe EMS data system and reporting standard by rule or regulation; -.IP " 3." 4 -Prescribe and administer written and practical tests and criteria for -the certification and licensing of emergency medical personnel and -ambulance vehicles; -.IP " 4." 4 -Prescribe and administer a first responder and an emergency medical -technician/defibrillator (EMT/D) program. -.RE -.IP " 2." 4 -The salary of the medical director shall be borne pro rata by providers. -.IP " 3." 4 -The medical director shall be provided by the primary ambulance provider -with the approval of the city council. -.LP -(Code 1999, § 9-202; Ord. -No. -503, 1-15-1990; Ord. -No. -20(92), 4-6-1992; Ord. -No. -144(96), 2-5-1996) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-203_Mandatory_Centralized_Dispatch_And_Primary_Service_Answering_Point_(P.S.A.P.)" -A "\c" \ - -- "Sec 9-203 Mandatory Centralized Dispatch And Primary Service Answering Point (P.S.A.P.)" -\& -.IP " 1." 4 -All providers rendering emergency service under this chapter shall be -dispatched and controlled through the city P.S.A.P. -It is unlawful for any provider to publish or advertise any telephone -number for the purposes of receiving request for emergency ambulance -service except the emergency number (911) of the P.S.A.P. -Request for ambulance service received at the city P.S.A.P. -will be transferred to the Midwest City Emergency Operations Center. -.IP " 2." 4 -The P.S.A.P. -shall at all times have the authority to direct the positioning, -movements and run response of all ambulance units of all providers at -all times. -The city P.S.A.P. -will be notified anytime there is not an ambulance available in the city -limits. -Location and status of next available unit will also be reported to the -P.S.A.P. -at this time. -.LP -(Code 1999, § 9-203; Ord. -No. -503, 1-15-1990; Ord. -No. -20(92), 4-6-1992; Ord. -No. -144(96), 2-5-1996) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-204_Mandatory_EMS_Data_System_And_Reporting_Standards" -A "\c" \ - -- "Sec 9-204 Mandatory EMS Data System And Reporting Standards" -\& -.IP " 1." 4 -As a condition of maintaining its permit in good standing, each provider -shall comply with EMS data system and reporting standards as prescribed -by the medical director. -.IP " 2." 4 -Failure to comply with data system and reporting requirements, or to -keep the P.S.A.P. -completely informed concerning the location and status of all units at -all times, or failure to carry out P.S.A.P. -directives shall constitute grounds for immediate suspension or -revocation of the provider\[aq]s permit. -.LP -(Code 1999, § 9-204; Ord. -No. -503, 1-15-1990; Ord. -No. -20(92), 4-6-1992; Ord. -No. -144(96), 2-5-1996) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-205_Insurance_Requirements" -A "\c" \ - -- "Sec 9-205 Insurance Requirements" -\& -.IP " 1." 4 -Each provider shall keep in full force and effect a policy of public -liability and property damage insurance, issued by a casualty insurance -company authorized to do business in the state, with coverage provisions -insuring the public from any loss or damage that may arise to any person -or property by reason of the operation of the provider\[aq]s ambulance, -and providing that amount of recovery shall be in limits of not less -than the following sums: -.RS 4 -.IP " 1." 4 -For the damages arising out of bodily injury to or death of one person -in any one accident, not less than $1,000,000.00; -.IP " 2." 4 -For damages arising out of bodily injury to or death of two or more -persons in any one accident, not less than $1,000,000.00; and -.IP " 3." 4 -For any injury to or destruction of property in any one accident, not -less than $1,000,000.00. -.RE -.IP " 2." 4 -Each provider shall keep in full force and effect a general -comprehensive liability and professional liability policy issued by a -casualty insurance company authorized to do business in the state, with -coverage provisions insuring the public from any loss or damage that may -arise to any person or property by reason of the actions of the provider -or any of his employees, and providing that the amount of recovery shall -be in limits of not less than $3,000,000.00. -.IP " 3." 4 -Each provider shall furnish, prior to issuance of its license, an -original and duplicate certificates of insurance which shall indicate -the types of insurance, the amount of insurance and the expiration dates -of all policies carried by the provider. -Each certificate of insurance shall name the city as an additional named -insured, and shall contain a statement by the insurer issuing the -certificate that the policies of insurance listed thereon will not be -canceled or materially altered by the insurer absent 30 days\[aq] -written notice received by the city. -.IP " 4." 4 -Cancellation or material alteration of a required insurance policy or -coverage shall automatically revoke the provider\[aq]s permit, and the -provider shall thereupon cease and desist from further ambulance service -operations. -.LP -(Code 1999, § 9-205; Ord. -No. -503, 1-15-1990; Ord. -No. -20(92), 4-6-1992; Ord. -No. -144(96), 2-5-1996) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-206_Ambulance_Permits" -A "\c" \ - -- "Sec 9-206 Ambulance Permits" -\& -.IP " 1." 5 -No person may provide ambulance service on an emergency or routing -transfer basis or transport or treat patients in an ambulance, within -this jurisdiction, without first obtaining a permit issued pursuant to -the provisions of this section, except for those uses exempted below. -.IP " 2." 5 -No permit shall be issued or continued in operation unless the holder -thereof has paid an annual fee in the amount previously established by -ordinance or resolution for the right to engage in the ambulance -business, and the amount established by ordinance or resolution each -year for each vehicle being a vehicle permit authorized under -ordinances. -.IP " 3." 5 -No permit shall be assignable or transferable by the person to whom -issued except as herein provided. -.IP " 4." 5 -No transfer or assignment of existing permits shall be effective absent -the assent and approval of the city. -.IP " 5." 5 -Any transfer of shares of stock or interest of any person or provider so -as to cause a change in the directors, officers, shareholders, or -managers of such persons or provider shall be deemed a transfer or -assignment, subject to these provisions. -.IP " 6." 5 -The issuance of any permit by the city shall be made only to a provider -holding a valid state permit and such permit shall be conditioned upon -written submission of an approval by the medical director of the -following items: -.RS 5 -.IP " 1." 4 -Proforma system status plan, which shall show assumed response time -reliability based thereon; -.IP " 2." 4 -Proforma medical quality assurance plan, which shall describe the -applicant\[aq]s medical quality assurance plan, and which shall -demonstrate the applicant\[aq]s ability to deliver medical care meeting -the system standard of care, as promulgated by the medical director; -.IP " 3." 4 -Proforma staffing plan, providing for staffing at not less than the -EMT/paramedic level in accordance with state statutes; -.IP " 4." 4 -Proforma equipment plan, which will show compliance with the state -department of health requirements for paramedic life support service -unit equipment and drugs. -All drugs carried shall be described in the patient care protocols and -approved for use by the medical director. -In addition to the described equipment and drugs, all units shall have -the following diagnostic equipment: -.RS 4 -.IP " 1." 4 -Non-invasive cardiac pacemaker; -.IP " 2." 4 -Portable ventilator and demand valve; -.IP " 3." 4 -Pulse oximetry; -.IP " 4." 4 -Electronic intravenous infusion control device; -.IP " 5." 4 -Electronic blood flow detection device (Doppler); -.IP " 6." 4 -Method for blood glucose determination; -.RE -.IP " 5." 4 -Evidence of insurance, as required in section 9-205. -.RE -.IP " 7." 5 -Upon approval by the medical control board of the applicant\[aq]s -submission, the applicant shall receive a probationary permit. -Such probationary permit shall allow the applicant to provide, from the -effective date of the probationary permit, ambulance service within this -jurisdiction. -.IP " 8." 5 -Each provider shall comply with its proforma system status plan and its -proforma medical quality assurance plan from the effective date of its -probationary permit. -.IP " 9." 5 -During the six months of the provider\[aq]s probationary permit, the -provider\[aq]s response times and clinical quality of care shall be -carefully evaluated. -If the provider\[aq]s performance is consistently and substantially -within the proforma plans, and in compliance with the terms of this -chapter, such probationary permit shall become a valid permit, renewable -annually upon continual compliance with this chapter. -.IP " 10." 5 -Thereafter, chronic failure to comply with response time standards or -clinical quality of care shall be grounds to revoke the provider\[aq]s -permit. -.IP " 11." 5 -If any provider\[aq]s permit is suspended three times within any -three-year period for failure to make required payments, such permit -shall be automatically revoked, upon the third event. -.IP " 12." 5 -The Midwest City Regional Hospital Ambulance Service is hereby granted a -temporary permit which shall expire September 19, 1996, and be issued -annually as a regular permit unless terminated by either the city or -Midwest City Regional Hospital Ambulance Service upon 60 days\[aq] -written notice of termination to the other party. -.LP -(Code 1999, § 9-206; Ord. -No. -20(92), 4-6-1992; Ord. -No. -144(96), 2-5-1996) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-207_Response_Time_Performance_Required" -A "\c" \ - -- "Sec 9-207 Response Time Performance Required" -\& -.LP -Every provider, as a condition of maintaining its permit, shall employ -sufficient personnel, acquire sufficient equipment, and manage its -resources as necessary to achieve the response time standards on all -emergency calls or requests for routine transport origination within the -city limits, received by, or referred to the provider as established in -section 9-201. -The provider shall prepare and submit a monthly report showing -compliance with section 9-201. -.PP -(Code 1999, § 9-207; Ord. -No. -20(92), 4-6-1992; Ord. -No. -144(96), 2-5-1996) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-208_Prohibition_Against_Refusal_To_Transport" -A "\c" \ - -- "Sec 9-208 Prohibition Against Refusal To Transport" -\& -.LP -It is a violation of this chapter for any provider to fail to respond to -a call or to transport or to render emergency first aid treatment, as is -necessary, or to otherwise refuse or fail to provide any ambulance -services originating within the service area because of the -patient\[aq]s perceived, demonstrated or stated inability to pay for -such services, or because of the location of the patient within the -service area or because of the unavailable status of any ambulance unit -at the time of the request. -Chronic violation of this provision shall be grounds to revoke a -provider\[aq]s permit. -.PP -(Code 1999, § 9-208; Ord. -No. -503, 1-15-1990; Ord. -No. -20(92), 4-6-1992; Ord. -No. -144(96), 2-5-1996) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-209_Violations" -A "\c" \ - -- "Sec 9-209 Violations" -\& -.IP " 1." 4 -It is unlawful: -.RS 4 -.IP " 1." 4 -To perform duties as an ambulance driver or attendant without a current -state EMT license; -.IP " 2." 4 -To permit a person to work as an ambulance driver or attendant without a -current state EMT license; -.IP " 3." 4 -To use, or cause to be used, any ambulance provider other than a -provider holding a valid permit, except those services described in -subsection (B) of this section; -.IP " 4." 4 -For any persons, firm or organization to provide ambulance service -within this jurisdiction other than a provider which is a holder of a -valid permit; -.IP " 5." 4 -To knowingly give false information to induce the dispatch of an -ambulance or helicopter rescue unit. -.RE -.IP " 2." 4 -It shall be a defense to an alleged violation that the vehicle or -ambulance is: -.RS 4 -.IP " 1." 4 -A privately-owned vehicle not ordinarily used in the business of -transporting patients who are sick, injured, wounded, incapacitated or -helpless; -.IP " 2." 4 -A vehicle rendering services as an ambulance in the event of a major -catastrophe or emergency when ambulances with permits based in the -locality of the catastrophe or emergency are incapacitated or -insufficient in number to render the services needed; -.IP " 3." 4 -An ambulance owned or operated by the federal or state government; -.IP " 4." 4 -An ambulance transporting a patient to a location within this -jurisdiction, which transport originated from a point outside the -service area; -.IP " 5." 4 -An ambulance responding to a call pursuant to a mutual aid agreement -with a licensed provider; -.IP " 6." 4 -An ambulance owned and operated by a hospital and used exclusively for -specialized mobile intensive care or for inter-institutional transfers -of admitted patients of the owner hospital, provided the ambulance or -helicopter rescue unit has a valid special use permit issued by the -medical director on a need and necessity basis; -.IP " 7." 4 -A vehicle transporting a patient from a medical facility or nursing home -which is located within the service area to any jurisdiction outside the -service area, if the receiving jurisdiction allows any ambulance service -permitted hereunder to lawfully transport patients from medical -facilities or nursing homes located within the receiving jurisdiction to -a destination within the service area. -Also, a vehicle transporting a patient to or from a medical facility or -nursing home located within the service area to or from any -unincorporated or unregulated area. -.RE -.LP -(Code 1999, § 9-209; Ord. -No. -503, 1-15-1990; Ord. -No. -20(92), 4-6-1992; Ord. -No. -144(96), 2-5-1996) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-210_Penalties" -A "\c" \ - -- "Sec 9-210 Penalties" -\& -.IP " 1." 4 -Any person convicted of violating any of the provisions of this chapter -shall be punished as provided in section 1-108. -This penalty does not serve to limit any other remedies available to -this jurisdiction in law or equity. -.IP " 2." 4 -Each day that any violation of the provisions of this chapter is -committed or permitted to continue shall constitute a separate offense. -.LP -(Code 1999, § 9-217; Ord. -No. -503, 1-15-1990; Ord. -No. -20(92), 4-6-1992; Ord. -No. -144(96), 2-5-1996) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-3_BILLIARD_AND_POOL_HALLS" -A "\c" \ - -- "CHAPTER 9-3 BILLIARD AND POOL HALLS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-301_Definitions" -A "\c" \ - -- "Sec 9-301 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-302_License_Fee" -A "\c" \ - -- "Sec 9-302 License Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-303_Alcoholic_Beverages;_Intoxicated_Persons" -A "\c" \ - -- "Sec 9-303 Alcoholic Beverages; Intoxicated Persons" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-304_Permitted_Hours_Of_Operation" -A "\c" \ - -- "Sec 9-304 Permitted Hours Of Operation" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-301_Definitions" -A "\c" \ - -- "Sec 9-301 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Billiard hall\f[R] or \f[I]pool hall\f[R] means a business -establishment where a charge is made for the playing of pool or -billiards for profit by the operators thereof. -.PP -(Prior Code, § 6-56, in part; Code 1999, § 9-301) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-302_License_Fee" -A "\c" \ - -- "Sec 9-302 License Fee" -\& -.LP -A license fee per table shall be paid annually to the city clerk for a -billiard emporium license expiring April 30 of each year. -.PP -(Prior Code, § 6-57; Code 1999, § 9-302) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-303_Alcoholic_Beverages;_Intoxicated_Persons" -A "\c" \ - -- "Sec 9-303 Alcoholic Beverages; Intoxicated Persons" -\& -.IP " 1." 4 -Alcoholic beverage or low-point beer may be consumed or sold on the -premises of a pool or billiard hall. -.IP " 2." 4 -Intoxicated persons shall not be permitted to remain on the premises. -.LP -(Code 1999, § 9-303) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-304_Permitted_Hours_Of_Operation" -A "\c" \ - -- "Sec 9-304 Permitted Hours Of Operation" -\& -.LP -A billiard hall may be open during the following hours only: -.IP " 1." 4 -6:00 a.m. -until 12:00 midnight Monday through Thursday; -.IP " 2." 4 -6:00 a.m. -until 2:00 a.m. -Friday and Saturday; and -.IP " 3." 4 -12:00 noon until 5:00 p.m. -Sunday. -.LP -(Prior Code, § 6-59; Code 1999, § 9-304) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-4_CHILD_CARE_ESTABLISHMENTS" -A "\c" \ - -- "CHAPTER 9-4 CHILD CARE ESTABLISHMENTS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-401_Definitions" -A "\c" \ - -- "Sec 9-401 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-402_Exceptions" -A "\c" \ - -- "Sec 9-402 Exceptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-403_License_Required" -A "\c" \ - -- "Sec 9-403 License Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-404_Operation_In_Residential_Structure_Other_Than_Residence_Of_Owner_Or_Operator_Prohibited" -A "\c" \ - -- "Sec 9-404 Operation In Residential Structure Other Than Residence Of Owner Or Operator Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-405_Zoning_Restrictions" -A "\c" \ - -- "Sec 9-405 Zoning Restrictions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-406_Inspections" -A "\c" \ - -- "Sec 9-406 Inspections" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-407_Nonconforming_Continuation" -A "\c" \ - -- "Sec 9-407 Nonconforming Continuation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-408_Enforcement" -A "\c" \ - -- "Sec 9-408 Enforcement" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-409_Penalty_For_Violation_Of_Chapter" -A "\c" \ - -- "Sec 9-409 Penalty For Violation Of Chapter" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] State licensing of child care -facilities, 10 O.S. -§ 401 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-401_Definitions" -A "\c" \ - -- "Sec 9-401 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Day care center\f[R] means any place, home or institution which -receives eight or more children under the age of 16 years, who are not -of common parentage, for care apart from their parents, legal guardians -or custodians, when such care is received for regular periods of time -for compensation. -.PP -\f[I]Family day care\f[R] \f[I]home\f[R] means any place, home or -institution which receives seven or less children under the age of 16 -years, who are not of common parentage, for care apart from their -parents, legal guardians or custodians, when such care is received for -regular periods of time for compensation. -.PP -(Prior Code, § 6-96; Code 1999, § 9-401; Ord. -No. -35(92), 9-21-1992) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-402_Exceptions" -A "\c" \ - -- "Sec 9-402 Exceptions" -\& -.LP -Places, homes or institutions excepted from the definitions of a day -care center or family day care home are: -.IP " 1." 4 -Those public and private schools organized, operated or approved under -the laws of the state and regulated by the state department of -education; -.IP " 2." 4 -Those where custody of the children has been fixed by a court of -competent jurisdiction; -.IP " 3." 4 -Those where children are related by blood or marriage within the third -degree of the custodial person; and -.IP " 4." 4 -Those public or private institutions caring for children while the -parents, legal guardians or custodians are attending services, meetings, -classes, or otherwise engaging in that institution\[aq]s activities to -the extent such care and custody does not exceed four hours at any one -time. -.LP -(Prior Code, § 6-96; Code 1999, § 9-402) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-403_License_Required" -A "\c" \ - -- "Sec 9-403 License Required" -\& -.LP -No day care center may be operated in the city, regardless of zoning, -without having the license of approval of the state department of human -services, and operating such under their rules and regulations. -.PP -(Prior Code, § 6-97; Code 1999, § 9-403) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-404_Operation_In_Residential_Structure_Other_Than_Residence_Of_Owner_Or_Operator_Prohibited" -A "\c" \ - -- "Sec 9-404 Operation In Residential Structure Other Than Residence Of Owner Or Operator Prohibited" -\& -.LP -No day care center may be operated in the city in a residential -structure unless that structure is actually the place of residence for -the owner or operator of such child care facility. -.PP -(Prior Code, § 6-98; Code 1999, § 9-404) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-405_Zoning_Restrictions" -A "\c" \ - -- "Sec 9-405 Zoning Restrictions" -\& -.LP -Any day care center can only be operated in accordance with the city -zoning regulations. -.PP -(Prior Code, § 6-99; Code 1999, § 9-405) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-406_Inspections" -A "\c" \ - -- "Sec 9-406 Inspections" -\& -.LP -Any day care center shall be open to the inspection of the director of -the health department, fire marshal and officials of the department of -human services, or their designated representatives, so long as such -inspections are made during reasonable hours of the establishment\[aq]s -operations. -.PP -(Prior Code, § 6-100; Code 1999, § 9-406) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-407_Nonconforming_Continuation" -A "\c" \ - -- "Sec 9-407 Nonconforming Continuation" -\& -.LP -Any licensed day care center or child care establishment in lawful -operation on February 2, 1983, may continue in operation. -.PP -(Prior Code, § 6-101; Code 1999, § 9-407) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-408_Enforcement" -A "\c" \ - -- "Sec 9-408 Enforcement" -\& -.LP -Enforcement of this chapter shall be the responsibility of the code -enforcement officer for the city. -.PP -(Prior Code, § 6-102; Code 1999, § 9-408) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-409_Penalty_For_Violation_Of_Chapter" -A "\c" \ - -- "Sec 9-409 Penalty For Violation Of Chapter" -\& -.LP -Any person violating any of the foregoing provisions of this article -shall be deemed guilty of a misdemeanor and, upon conviction thereof, -shall be punished as provided in section 1-108. -Each day\[aq]s violation thereof shall be deemed a separate offense. -.PP -(Code 1999, § 9-409) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-5_DANCE_HALLS" -A "\c" \ - -- "CHAPTER 9-5 DANCE HALLS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-501_Definition" -A "\c" \ - -- "Sec 9-501 Definition" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-502_Permit_Required" -A "\c" \ - -- "Sec 9-502 Permit Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-503_Issuance_To_Persons_Holding_Liquor_Or_Beer_License_Prohibited" -A "\c" \ - -- "Sec 9-503 Issuance To Persons Holding Liquor Or Beer License Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-504_Issuance_For_Locations_Near_Churches_Prohibited" -A "\c" \ - -- "Sec 9-504 Issuance For Locations Near Churches Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-505_Parking_Prerequisite_To_Issuance" -A "\c" \ - -- "Sec 9-505 Parking Prerequisite To Issuance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-506_Fee" -A "\c" \ - -- "Sec 9-506 Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-507_Juvenile_Discos,_Permit" -A "\c" \ - -- "Sec 9-507 Juvenile Discos, Permit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-508_Persons_Under_16,_Presence_Restricted" -A "\c" \ - -- "Sec 9-508 Persons Under 16, Presence Restricted" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-509_Intoxicated_Persons,_Liquor_Violations" -A "\c" \ - -- "Sec 9-509 Intoxicated Persons, Liquor Violations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-510_Time_Of_Operation" -A "\c" \ - -- "Sec 9-510 Time Of Operation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-511_Penalty" -A "\c" \ - -- "Sec 9-511 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-501_Definition" -A "\c" \ - -- "Sec 9-501 Definition" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Public dance hall\f[R] and \f[I]dance hall\f[R] mean and include -places where the general public is admitted, for a stipulated price, for -the purpose of dancing to music, recorded, reproduced, or otherwise -provided by the operator of the premises, for private gain or profit. -The terms \[dq]public dance hall\[dq] and \[dq]dance hall\[dq] shall not -include private dances conducted for recreational purposes and not for -profit, by bona fide lodges, posts, clubs, schools, fraternal, -benevolent, or charitable organizations; provided, however, that a -juvenile disco shall not be defined as a dance hall or public dance -hall. -.PP -(Prior Code, § 6-66; Code 1999, § 9-501) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-502_Permit_Required" -A "\c" \ - -- "Sec 9-502 Permit Required" -\& -.LP -It is hereby declared to be unlawful for any person to operate any -public dance hall within the city limits without first having procured a -permit therefor as provided in this chapter. -.PP -(Prior Code, § 6-67; Code 1999, § 9-502) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-503_Issuance_To_Persons_Holding_Liquor_Or_Beer_License_Prohibited" -A "\c" \ - -- "Sec 9-503 Issuance To Persons Holding Liquor Or Beer License Prohibited" -\& -.LP -Permits for public dance halls shall be issued by the city clerk and it -shall be unlawful for any person to procure from the clerk a permit, or -for the city clerk to issue a permit, to any person to operate or -maintain a dance hall in any building or room in the city limits who -holds a license or receipt issued by the United States or the state -authorizing the sale of alcoholic beverages or low-point beer or -covering any premises occupied or used by any person holding a license -or receipt issued for any such purpose. -.PP -(Prior Code, § 6-68; Code 1999, § 9-503) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-504_Issuance_For_Locations_Near_Churches_Prohibited" -A "\c" \ - -- "Sec 9-504 Issuance For Locations Near Churches Prohibited" -\& -.LP -It shall be unlawful for any person to procure from the city clerk a -permit, or for the city clerk to issue a permit to any person to operate -or maintain a public dance hall in any building or room within the -corporate limits which is situated within 1,000 feet of any church, or -regular place of religious worship. -.PP -(Prior Code, § 6-69; Code 1999, § 9-504) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-505_Parking_Prerequisite_To_Issuance" -A "\c" \ - -- "Sec 9-505 Parking Prerequisite To Issuance" -\& -.LP -Before any permit is issued to any person for the conduct of a public -dance hall, as defined in this chapter, the applicant for such license -shall exhibit to the city clerk the lease agreement or rental contract -covering the period of time for which such license is to be issued, -describing the premises leased or rented to the applicant, and revealing -the number of square feet of floor area normally used for dancing -purposes and the number of square feet leased or rented for parking -facilities. -No permit shall be issued unless it shall affirmatively appear to such -clerk that the applicant can meet the city\[aq]s off-street parking -requirements. -.PP -(Prior Code, § 6-70; Code 1999, § 9-505) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-506_Fee" -A "\c" \ - -- "Sec 9-506 Fee" -\& -.LP -Before a permit is issued to any person for the operation of a public -dance hall, he shall pay to the city clerk a permit fee per year for -each and every dance hall to be operated in the city. -Such license shall begin and end with the fiscal year and shall expire -at 12:00 midnight June 30 of each succeeding year and shall not be -issued for less than one year and the payment of the fee thereof. -No permit issued by virtue of the provisions of this chapter shall be -assigned to any other person. -.PP -(Prior Code, § 6-71; Code 1999, § 9-506) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-507_Juvenile_Discos,_Permit" -A "\c" \ - -- "Sec 9-507 Juvenile Discos, Permit" -\& -.IP " 1." 4 -It is unlawful for any person to operate a juvenile disco within the -city limits without first having procured a permit therefor as herein -provided. -.IP " 2." 4 -Before a permit is issued to any person for the operation of a juvenile -disco, the applicant shall pay to the city clerk a permit fee per year -for each and every juvenile disco to be operated in the city. -Such license or permit shall begin and end with the fiscal year and -shall expire at 12:00 midnight June 30 of each succeeding year. -No permit or license shall be assigned and such license shall be revoked -and canceled by the municipal judge upon conviction more than once of a -violation of the terms of this chapter. -.IP " 3." 4 -The provisions of this chapter, except the age limitation of section -9-508, are applicable to, and are to be observed by, juvenile discos. -It shall be a violation to not comply with the terms thereof. -.IP " 4." 4 -Juvenile discos shall operate only on Friday from 6:00 p.m. -to 12:00 midnight and on Saturday from 6:00 p.m. -to 12:00 midnight. -.LP -(Code 1999, § 9-507) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-508_Persons_Under_16,_Presence_Restricted" -A "\c" \ - -- "Sec 9-508 Persons Under 16, Presence Restricted" -\& -.LP -It is unlawful for any person operating a dance hall in the city, who -has been issued a permit as provided in this chapter, to permit any -person under the age of 16 years to resort to, be in or dance in such -place unless accompanied by a parent or guardian. -.PP -(Prior Code, § 6-73; Code 1999, § 9-508) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-509_Intoxicated_Persons,_Liquor_Violations" -A "\c" \ - -- "Sec 9-509 Intoxicated Persons, Liquor Violations" -\& -.LP -It is unlawful for any person operating a dance hall in the city, who -has been issued a permit as provided in this chapter to: -.IP " 1." 4 -Permit any intoxicated person to be in, or dance therein; -.IP " 2." 4 -Permit any person to violate any of the laws known as prohibitory liquor -laws; -.IP " 3." 4 -Permit any person to violate any state or federal or city law or -ordinance pertaining to the regulation, sale or disposition of -nonintoxicating beverages; and -.IP " 4." 4 -Permit any person to bring on such premises operated as a dance hall -alcoholic beverages or low-point beer, or drink or consume alcoholic -beverages or low-point beer on or about such premises. -.LP -(Prior Code, § 6-74; Code 1999, § 9-509) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-510_Time_Of_Operation" -A "\c" \ - -- "Sec 9-510 Time Of Operation" -\& -.LP -All persons operating dance halls within the corporate limits of the -city shall close their place of business at 12:00 midnight and shall not -reopen for business before 8:00 a.m., except Sundays, and on Sundays -such business shall be closed at 12:00 midnight Saturday and remain -closed until 8:00 a.m. -on Monday following and shall not permit any dancing of any kind during -the hours herein specified as closing hours. -.PP -(Prior Code, § 6-75; Code 1999, § 9-510) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-511_Penalty" -A "\c" \ - -- "Sec 9-511 Penalty" -\& -.LP -Any violation of this chapter is punishable as provided in section -1-108. -.PP -(Code 1999, § 9-511) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-6_GARAGE_AND_RESIDENTIAL_SALES_AND_FLEA_MARKETS" -A "\c" \ - -- "CHAPTER 9-6 GARAGE AND RESIDENTIAL SALES AND FLEA MARKETS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6A_RESIDENTIAL_SALES" -A "\c" \ - -- "ARTICLE 9-6A RESIDENTIAL SALES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6B_FLEA_MARKETS" -A "\c" \ - -- "ARTICLE 9-6B FLEA MARKETS" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6A_RESIDENTIAL_SALES" -A "\c" \ - -- "ARTICLE 9-6A RESIDENTIAL SALES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-601_Definitions" -A "\c" \ - -- "Sec 9-601 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-602_One_License_Required_Per_Location;_Eligibility" -A "\c" \ - -- "Sec 9-602 One License Required Per Location; Eligibility" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-603_Application" -A "\c" \ - -- "Sec 9-603 Application" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-604_Issuance;_Term;_Investigation" -A "\c" \ - -- "Sec 9-604 Issuance; Term; Investigation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-605_Fee" -A "\c" \ - -- "Sec 9-605 Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-606_Revocation_Or_Refusal" -A "\c" \ - -- "Sec 9-606 Revocation Or Refusal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-607_Interval_Between_Sales" -A "\c" \ - -- "Sec 9-607 Interval Between Sales" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-608_Signs" -A "\c" \ - -- "Sec 9-608 Signs" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-609_Display_Of_Goods" -A "\c" \ - -- "Sec 9-609 Display Of Goods" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-610_Persons_Exempt_From_Article" -A "\c" \ - -- "Sec 9-610 Persons Exempt From Article" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-611_Penalty" -A "\c" \ - -- "Sec 9-611 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-601_Definitions" -A "\c" \ - -- "Sec 9-601 Definitions" -\& -.LP -The following words, terms and phrases, when used in this article, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Residential sale\f[R] means any sale or what is held out to be or -is commonly known as a garage, porch, room, backyard, front yard or -patio sale or any other type of general sale conducted from or on any -premises not located in a zoning district which permits such sales, -where goods or articles of any type are held out for sale to the public. -This definition shall not include a situation where specific items are -held out for sale and all advertisement of such sale specifically names -the items to be sold. -.PP -(Prior Code, § 6-321; Code 1999, § 9-601) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-602_One_License_Required_Per_Location;_Eligibility" -A "\c" \ - -- "Sec 9-602 One License Required Per Location; Eligibility" -\& -.IP " 1." 4 -It is unlawful for any person to hold, conduct, engage in or participate -in any manner in a residential sale without first having obtained a -license as provided for in this chapter. -.IP " 2." 4 -The issuance of a license under the provisions of this chapter shall not -exempt such persons from the terms and provisions of other ordinances or -laws. -.IP " 3." 4 -A separate license shall be required for each location at which a -residential sale is to be held. -.IP " 4." 4 -No location shall be eligible for more than one license in any -three-month period unless there has been a change in the lawful -possession of such location. -.IP " 5." 4 -In the event of rain or other seriously inclement weather conditions, -the applicant may return the garage sale license to the city for a rain -check. -A rain check shall be used within the 21-day period and following the -dates initially scheduled for the garage sale and only one rain check -will be allowed within a three-month period. -.LP -(Prior Code, § 6-322; Code 1999, § 9-602; Ord. -No. -487(89), 6-5-1989; Ord. -No. -78(94), 3-7-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-603_Application" -A "\c" \ - -- "Sec 9-603 Application" -\& -.LP -An applicant for a license shall furnish the city clerk with the -following information: -.IP " 1." 4 -Full name and address of the applicant; -.IP " 2." 4 -The location at which the proposed residential sale is to be held; and -.IP " 3." 4 -The dates upon which the sale is to be held. -.LP -(Prior Code, § 6-323; Code 1999, § 9-603; Ord. -No. -78(94), 3-7-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-604_Issuance;_Term;_Investigation" -A "\c" \ - -- "Sec 9-604 Issuance; Term; Investigation" -\& -.IP " 1." 4 -The city clerk is hereby authorized to grant a license for a residential -sale for a period not to exceed three consecutive days to any person -applying who otherwise complies with the requirements of this article -and ordinances of the city. -.IP " 2." 4 -If a residential sale is not held on the dates for which the license is -issued or is terminated during the first day of the sale because of -inclement weather conditions, and an affidavit by the license holder to -this effect is submitted, the city clerk may issue another license to -the applicant for a residential sale to be conducted at the same -location within 21 days from the date when the first sale was to be -held. -.IP " 3." 4 -Before issuing a residential sale license, the city clerk may conduct -such investigation as may reasonably be necessary to determine if there -is compliance with this article or city ordinances. -.LP -(Prior Code, § 6-325; Code 1999, § 9-604; Ord. -No. -57(93), 7-6-1993; Ord. -No. -78(94), 3-7-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-605_Fee" -A "\c" \ - -- "Sec 9-605 Fee" -\& -.LP -For the purpose of helping to defray the cost of inspection and -enforcement of this article, there is hereby levied a fee for -residential sale licenses in the amount as set by the council by motion -or resolution. -.PP -(Code 1999, § 9-605; Ord. -No. -487(89), 6-5-1989) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-606_Revocation_Or_Refusal" -A "\c" \ - -- "Sec 9-606 Revocation Or Refusal" -\& -.LP -Any license issued under this article may be revoked or any application -for issuance of a license may be refused by the city clerk if the -application submitted by the applicant or license holder contains any -false, fraudulent or misleading statement. -.PP -(Prior Code, § 6-326; Code 1999, § 9-606) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-607_Interval_Between_Sales" -A "\c" \ - -- "Sec 9-607 Interval Between Sales" -\& -.LP -No person shall hold, conduct or engage in or participate in any manner -or allow a residential sale to be held or conducted on premises under -his control or ownership more than one time in any three-month period, -subject, however, to the exceptions allowed in this article. -.PP -(Prior Code, § 6-327; Code 1999, § 9-607; Ord. -No. -78(94), 3-7-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-608_Signs" -A "\c" \ - -- "Sec 9-608 Signs" -\& -.IP " 1." 4 -Not more than five signs shall be used for the purpose of advertising, -or otherwise calling attention to, a residential sale licensed under -this article, and only signs as provided by the city, upon issuance of -the residential sale permit, shall be allowed. -One sign shall be located on the immediate premises where the sale is to -be conducted. -The remaining four signs may be located off the immediate premises where -the sale is to be conducted. -Such signs shall only be erected in accordance with the instructions -issued by the city\[aq]s building department. -.IP " 2." 4 -All signs advertising the residential sale must be removed within 48 -hours after the residential sale license has expired. -Failure to remove the signs within 48 hours will result in a fine as -provided in section 1-108. -.LP -(Code 1999, § 9-608; Ord. -No. -487(89), 6-5-1989; Ord. -No. -78(94), 3-7-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-609_Display_Of_Goods" -A "\c" \ - -- "Sec 9-609 Display Of Goods" -\& -.LP -The sale area of any residential sale shall be confined to the premises -for which the license has been issued. -.PP -(Code 1999, § 9-609; Ord. -No. -487(89), 6-5-1989) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-610_Persons_Exempt_From_Article" -A "\c" \ - -- "Sec 9-610 Persons Exempt From Article" -\& -.LP -The provisions of this article shall not apply to or affect the -following persons: -.IP " 1." 4 -Persons acting pursuant to an order or process of a court of competent -jurisdiction; -.IP " 2." 4 -Persons acting in accordance with their powers and duties as public -officials; or -.IP " 3." 4 -Duly licensed auctioneers selling at auction. -.LP -(Prior Code, § 6-330; Code 1999, § 9-610) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-611_Penalty" -A "\c" \ - -- "Sec 9-611 Penalty" -\& -.LP -Any person who violates this article shall be punished by fine as -provided in section 1-108. -.PP -(Code 1999, § 9-611) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6B_FLEA_MARKETS" -A "\c" \ - -- "ARTICLE 9-6B FLEA MARKETS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-621_Definitions" -A "\c" \ - -- "Sec 9-621 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-622_License_Provisions,_Requirements,_And_Restrictions" -A "\c" \ - -- "Sec 9-622 License Provisions, Requirements, And Restrictions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-623_Unlawful_Transactions" -A "\c" \ - -- "Sec 9-623 Unlawful Transactions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-624_Sales_Tax_Permit" -A "\c" \ - -- "Sec 9-624 Sales Tax Permit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-625_Zoning_Requirements" -A "\c" \ - -- "Sec 9-625 Zoning Requirements" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-626_Site_Requirements" -A "\c" \ - -- "Sec 9-626 Site Requirements" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-627_Water_Supply_Requirements" -A "\c" \ - -- "Sec 9-627 Water Supply Requirements" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-628_Restroom_And_Sewage_Disposal" -A "\c" \ - -- "Sec 9-628 Restroom And Sewage Disposal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-629_Refuse_Control" -A "\c" \ - -- "Sec 9-629 Refuse Control" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-630_Insect_And_Rodent_Control" -A "\c" \ - -- "Sec 9-630 Insect And Rodent Control" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-631_Fire_Protection" -A "\c" \ - -- "Sec 9-631 Fire Protection" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-632_Public_Address_Systems" -A "\c" \ - -- "Sec 9-632 Public Address Systems" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-633_Sales_After_Dark" -A "\c" \ - -- "Sec 9-633 Sales After Dark" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-634_Sales_Of_Animals,_Outdoor_Flea_Market" -A "\c" \ - -- "Sec 9-634 Sales Of Animals, Outdoor Flea Market" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-635_Penalty" -A "\c" \ - -- "Sec 9-635 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-621_Definitions" -A "\c" \ - -- "Sec 9-621 Definitions" -\& -.LP -The following words, terms and phrases, when used in this article, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Flea market\f[R] means a market, indoors or out of doors, where new -or used items are sold from individual locations, with each location -being operated independently from the other locations. -Items sold include, but are not limited to, household items, antiques, -rare items, decorations, used books and used magazines. -.PP -\f[I]Flea market seller\f[R] means a person, firm or corporation selling -items or offering items for sale at a flea market. -.PP -\f[I]Market\f[R] means a place where goods are sold to the public. -.PP -(Code 1999, § 9-621; Ord. -No. -46(93), 2-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-622_License_Provisions,_Requirements,_And_Restrictions" -A "\c" \ - -- "Sec 9-622 License Provisions, Requirements, And Restrictions" -\& -.IP " 1." 4 -No person, firm or corporation shall operate the business of renting -space or allocating space to flea market sellers without first obtaining -a flea market operator\[aq]s license therefor. -Applications for licenses shall be made to the city clerk on forms -provided by the city clerk. -All flea market operator\[aq]s license applications shall be submitted -to the city clerk and shall be subject to background checks by the city -police department and by the community development director for site -approval. -Each license shall be for a period of one year and no license issued -pursuant to this section shall be transferred or assigned to any other -person or firm. -The fee for the license shall be that found in the schedule of fees and -charges. -.IP " 2." 4 -Each flea market operator required by this article to obtain a license -shall keep accurate records of names, addresses, and drivers\[aq] -license numbers, including state of issuance, for each flea market -seller, together with a brief description of the types of merchandise -offered for sale by that seller. -These records shall be provided to the city on at least a monthly basis. -.IP " 3." 4 -No person, firm or corporation operating a secondhand store shall be -required to obtain a license under this article for the same business -location. -.IP " 4." 4 -Any person, firm or corporation renting or allocating space to flea -market sellers in more than one place of business shall be required to -obtain a license for each place of business, provided that one license -shall be adequate for locations that are on the same lot. -.LP -(Code 1999, § 9-622; Ord. -No. -46(93), 2-1-1993; Ord. -No. -48, 2-16-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-623_Unlawful_Transactions" -A "\c" \ - -- "Sec 9-623 Unlawful Transactions" -\& -.LP -No person shall sell or offer for sale at any flea market any goods -known to such person to be stolen. -.PP -(Code 1999, § 9-623; Ord. -No. -46(93), 2-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-624_Sales_Tax_Permit" -A "\c" \ - -- "Sec 9-624 Sales Tax Permit" -\& -.LP -An individual vendor or seller shall be required to apply for and obtain -any required sales tax permit from the state tax commission. -The permit shall be displayed in a prominent place during all business -hours. -.PP -(Code 1999, § 9-624; Ord. -No. -46(93), 2-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-625_Zoning_Requirements" -A "\c" \ - -- "Sec 9-625 Zoning Requirements" -\& -.LP -A flea market shall be permitted only in a district as provided in the -city\[aq]s zoning ordinance. -.PP -(Code 1999, § 9-625; Ord. -No. -46(93), 2-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-626_Site_Requirements" -A "\c" \ - -- "Sec 9-626 Site Requirements" -\& -.IP " 1." 4 -\f[I]Flea market booths generally\f[R]. -Flea market booths or individual selling areas shall be located on -individual stands and all outdoor displays shall be of a type that can -easily be moved and stored out of sight. -.IP " 2." 4 -\f[I]Site improvement requirements for outdoor flea markets\f[R]. -.RS 4 -.IP " 1." 4 -The condition of soil, groundwater level, drainage and topography shall -not create hazards to the property or the health or safety of the -occupants. -The site shall not be exposed to objectionable smoke, noise, odors or -other adverse influences, and no portion subject to unpredictable or -sudden flooding or erosion shall be used for any purpose which would -expose persons or property to hazards; -.IP " 2." 4 -For outdoor flea markets, exposed ground surfaces in all parts of every -flea market shall be paved, or covered with stone screenings, or other -solid materials; and -.IP " 3." 4 -For outdoor flea markets, the ground surface in all parts of every flea -market shall be graded and equipped to drain all surface water in a -safe, efficient manner in order to eliminate water pockets, low areas or -bogs. -.RE -.IP " 3." 4 -\f[I]Setbacks, buffer strips and screening for outdoor flea -markets\f[R]. -.RS 4 -.IP " 1." 4 -All outdoor flea markets shall be located at least 25 feet from any -public street or highway right-of-way and at least 20 feet from the -exterior property boundary lines; and -.IP " 2." 4 -All outdoor flea markets adjacent to residential uses shall be provided -with screening of a well-maintained opaque fence along the boundary line -separating the market and adjacent zoning and uses. -Such screening shall be eight feet in height. -.RE -.IP " 4." 4 -\f[I]Street and parking requirements for flea markets\f[R]. -.RS 4 -.IP " 1." 4 -All flea markets shall be provided with safe and convenient vehicular -access from abutting public streets or roads or highways; -.IP " 2." 4 -Access to flea markets shall be designated to minimize congestion and -hazards at the entrance or exit and allow free movement of traffic on -adjacent streets; -.IP " 3." 4 -Off-street parking areas shall be provided in all flea markets. -Such areas shall be furnished at the rate of 5 1/2 spaces per 1,000 -square feet of gross sales area. -.RE -.IP " 5." 4 -\f[I]Walks, general requirements\f[R]. -All flea markets shall be provided safe, convenient, all-season, -dust-free, pedestrian access of adequate width for intended use, durable -and convenient to maintain. -Sudden changes in alignment and gradient shall be avoided. -.IP " 6." 4 -\f[I]Identification\f[R]. -Each booth or table shall be numbered. -.LP -(Code 1999, § 9-626; Ord. -No. -46(93), 2-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-627_Water_Supply_Requirements" -A "\c" \ - -- "Sec 9-627 Water Supply Requirements" -\& -.IP " 1." 4 -An accessible, adequate, safe and potable supply of water shall be -provided in each flea market. -Where a public supply of water of satisfactory quantity, quality and -pressure is available, connection shall be made to it and its supply -used exclusively. -When a satisfactory public water supply is not available, a private -water supply system may be developed and used as approved by the state -department of health in accordance with rules and regulations for water -supply quality control. -.IP " 2." 4 -The water supply system of the flea market shall be constructed and -connected in accordance with the plumbing code of the city. -.LP -(Code 1999, § 9-627; Ord. -No. -46(93), 2-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-628_Restroom_And_Sewage_Disposal" -A "\c" \ - -- "Sec 9-628 Restroom And Sewage Disposal" -\& -.IP " 1." 4 -There shall be a minimum of one central restroom facility located on the -premises. -Within that central restroom there shall be separate facilities for men -and women. -.IP " 2." 4 -Hot and cold water shall be furnished to every lavatory and sink; cold -water shall be furnished to every water closet and urinal. -.IP " 3." 4 -Restrooms shall contain the minimum number of fixtures as required by -the plumbing code of the city. -.IP " 4." 4 -An adequate and safe sewage system shall be provided in all flea markets -for conveying and disposing of all sewage. -Such system and connection shall be designed, constructed and maintained -in accordance with the provisions of the plumbing code and sewer use -ordinances of the city. -.LP -(Code 1999, § 9-628; Ord. -No. -46(93), 2-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-629_Refuse_Control" -A "\c" \ - -- "Sec 9-629 Refuse Control" -\& -.LP -There shall be enough trash cans, lined with plastic containers, to -accommodate all the trash thrown away on the premises. -All trash shall be removed at least at the end of each day during which -the flea market is open. -.PP -(Code 1999, § 9-629; Ord. -No. -46(93), 2-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-630_Insect_And_Rodent_Control" -A "\c" \ - -- "Sec 9-630 Insect And Rodent Control" -\& -.LP -Grounds, buildings and structures shall be maintained free of insect and -rodent harborage and infestation. -.PP -(Code 1999, § 9-630; Ord. -No. -46(93), 2-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-631_Fire_Protection" -A "\c" \ - -- "Sec 9-631 Fire Protection" -\& -.IP " 1." 4 -Flea markets shall be kept free of litter, rubbish and other flammable -materials. -.IP " 2." 4 -Portable fire extinguishers shall be kept in all buildings and shall be -maintained in good operating condition. -.LP -(Code 1999, § 9-631; Ord. -No. -46(93), 2-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-632_Public_Address_Systems" -A "\c" \ - -- "Sec 9-632 Public Address Systems" -\& -.LP -Except for emergencies, the use of outdoor public address systems shall -be prohibited nor shall there by any outdoor music or other forms of -entertainment designed to entertain or attract the public in general. -This provision is not intended to prohibit a vendor from the private -listening of a radio or other music device, so long as the use of such -device does not violate the city\[aq]s noise ordinance. -.PP -(Code 1999, § 9-632; Ord. -No. -46(93), 2-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-633_Sales_After_Dark" -A "\c" \ - -- "Sec 9-633 Sales After Dark" -\& -.LP -There shall be no outdoor sales 30 minutes after sunset. -The official times for sunset and sunrise maintained by the National -Weather Service shall be used to determine sunset. -.PP -(Code 1999, § 9-633; Ord. -No. -46(93), 2-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-634_Sales_Of_Animals,_Outdoor_Flea_Market" -A "\c" \ - -- "Sec 9-634 Sales Of Animals, Outdoor Flea Market" -\& -.LP -There shall be no selling or showing of animals of any kind on the -outdoor premises of any flea market or from any outdoor booth. -.PP -(Code 1999, § 9-634; Ord. -No. -46(93), 2-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-635_Penalty" -A "\c" \ - -- "Sec 9-635 Penalty" -\& -.LP -Any person, firm or corporation violating any provision of this article -shall be, upon conviction, subject to the penalties as provided in -section 1-108. -A separate offense shall be deemed committed on each day during or on -which a violation occurs or continues. -.PP -(Code 1999, § 9-635; Ord. -No. -46(93), 2-1-1993) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-7_ITINERANT_VENDORS_AND_CHARITABLE_SOLICITATIONS" -A "\c" \ - -- "CHAPTER 9-7 ITINERANT VENDORS AND CHARITABLE SOLICITATIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7A_ITINERANT_VENDORS" -A "\c" \ - -- "ARTICLE 9-7A ITINERANT VENDORS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7B_CHARITABLE_SOLICITATIONS" -A "\c" \ - -- "ARTICLE 9-7B CHARITABLE SOLICITATIONS" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7A_ITINERANT_VENDORS" -A "\c" \ - -- "ARTICLE 9-7A ITINERANT VENDORS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-701_Definitions" -A "\c" \ - -- "Sec 9-701 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-702_License_Required,_Blanket_Licenses" -A "\c" \ - -- "Sec 9-702 License Required, Blanket Licenses" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-703_Fee" -A "\c" \ - -- "Sec 9-703 Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-704_Application_For_License" -A "\c" \ - -- "Sec 9-704 Application For License" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-705_Investigation,_Approval_Or_Disapproval" -A "\c" \ - -- "Sec 9-705 Investigation, Approval Or Disapproval" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-706_Bond_For_License" -A "\c" \ - -- "Sec 9-706 Bond For License" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-707_Service_Of_Process" -A "\c" \ - -- "Sec 9-707 Service Of Process" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-708_Sale_Of_Foods" -A "\c" \ - -- "Sec 9-708 Sale Of Foods" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-709_Identification_Tag_Or_Badge,_Display" -A "\c" \ - -- "Sec 9-709 Identification Tag Or Badge, Display" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-710_Hours" -A "\c" \ - -- "Sec 9-710 Hours" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-711_Exceptions" -A "\c" \ - -- "Sec 9-711 Exceptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-712_Provisions_Cumulative" -A "\c" \ - -- "Sec 9-712 Provisions Cumulative" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-713_Penalty" -A "\c" \ - -- "Sec 9-713 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-701_Definitions" -A "\c" \ - -- "Sec 9-701 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Commercial\f[R] means soliciting for a business purpose which is -intended to be for profit and is not intended to be charitable, -religious, not-for-profit or political. -.PP -\f[I]Itinerant\f[R] means having no regular place of doing business or -soliciting in the city and includes, but is not limited to, making -regular delivery or providing goods over an established route through -the city. -.PP -\f[I]Peddler\f[R] means a person soliciting commercial orders for goods -or services which are to be provided from stocks or goods carried with -the peddler or which are services provided by the peddler at the time -the order is made. -.PP -\f[I]Soliciting\f[R] means and includes any one or more of the following -activities: -.IP " 1." 4 -Seeking to obtain orders for the purchase of goods, wares, merchandise, -food stuffs, or services, of any kind, character or description -whatever, for any kind of consideration whatever; -.IP " 2." 4 -Seeking to obtain prospective customers for application or purchase of -insurance of any type, kind or publication; -.IP " 3." 4 -Seeking to obtain subscriptions to books, magazines, periodicals, -newspapers and every other type or kind of publication; or -.IP " 4." 4 -Seeking to obtain gifts or contributions of money, clothing or any other -valuable thing for the support or benefit of any charitable or nonprofit -association, organization, corporation or project. -.LP -\f[I]Solicitor\f[R] means a person soliciting and includes a person -soliciting commercial orders for goods or services which are to be -provided or shipped to the consumer at a later date. -.PP -\f[I]Vendor\f[R] means any person engaged in a business or occupation -selling or offering to sell any merchandise, product or service, and -includes, but is not limited to, peddlers and solicitors. -.PP -(Prior Code, § 6-431, in part; Code 1999, § 9-701) -.PP -\f[B]State Law reference\f[R]\[em] State peddlers licenses, 47 O.S. -§ 434; ex-servicemen exempted if certified by district court, 72 O.S. -§ 1. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-702_License_Required,_Blanket_Licenses" -A "\c" \ - -- "Sec 9-702 License Required, Blanket Licenses" -\& -.LP -Any itinerant vendor, solicitor or peddler shall obtain a license from -the city prior to any soliciting in the city, unless exempted herein, to -cover each person who will be soliciting and each location or separate -place of business. -.PP -(Prior Code, § 6-441, in part; Code 1999, § 9-702) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-703_Fee" -A "\c" \ - -- "Sec 9-703 Fee" -\& -.LP -The fee for licenses herein required shall be as set by the city council -by motion or resolution. -The fees may be waived for educational, charitable, or religious groups, -qualifying as 501(c)(3) organizations who make house to house -solicitations. -.PP -(Prior Code, § 6-444, in part; Code 1999, § 9-703) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-704_Application_For_License" -A "\c" \ - -- "Sec 9-704 Application For License" -\& -.LP -Applicants for licenses shall file during regular business hours a -written application signed by the applicant, if an individual, by all -partners, if a partnership, and by a qualified corporate officer, if a -corporation, with the licensing officer, on a form prescribed by the -licensing officer. -The licensing officer may require the following: -.IP " 1." 4 -Name and address of the persons having the management or supervision of -the applicant\[aq]s business during the time that it is proposed to be -carried on in the city; the location or address of such persons when -engaged in such business; the permanent addresses of such persons; the -capacity in which such persons will act; and the name and address of the -person, firm or corporation for whose account the business will be -carried on, if any, and if a corporation, under the laws of what state -the same is incorporated; -.IP " 2." 4 -The places in the city within the proper zoning classification where it -is proposed to carry on the applicant\[aq]s business and the length of -time during which it is proposed that the business be conducted; -.IP " 3." 4 -Places, other than permanent place of business of the applicant, within -the six months next preceding the date of the application, where the -applicant has conducted a transient business; -.IP " 4." 4 -The nature of the goods or products being sold, that is whether they are -seconds, rejects or first-line quality, and whether any warranty applies -to the items being sold; if a warranty applies, the period of the -warranty and the name and address of the warrantor and the procedures -for filing for the adjustment of refund shall be specified; -.IP " 5." 4 -A statement that the applicant agrees to the requirement to pay all -state and city sales taxes due on all items which are subject to sales -taxes and recognizes that a copy of all applications will be provided to -the local office of the state tax commission; -.IP " 6." 4 -Current state sales tax permit number; -.IP " 7." 4 -Current license or permit, if any, which may be required by state law or -ordinances of the city for the particular activity or business; -.IP " 8." 4 -If a motor vehicle is to be used in the business, a description of the -vehicle, together with motor vehicle registration number and the license -number for the vehicle, and: -.RS 4 -.IP " 1." 4 -Proof of liability insurance required by state law; and -.IP " 2." 4 -Proof or verification from the insurance carrier that the city clerk -will be provided at least ten days\[aq] notice of any cancellation; and -.RE -.IP " 9." 4 -Proof of 501(c)(3) tax status if claiming exemption from the license -fees. -.LP -(Prior Code, §§ 6-442, 6-443, in part; Code 1999, § 9-704) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-705_Investigation,_Approval_Or_Disapproval" -A "\c" \ - -- "Sec 9-705 Investigation, Approval Or Disapproval" -\& -.IP " 1." 4 -All applications for licensing or registration shall be immediately -referred for investigation as to the truth thereof, which investigation -shall be conducted within ten business days after the application and -fee are deposited with the city. -.IP " 2." 4 -If the city finds no past history of the applicant indicating violations -of this Code and that the application is properly made and truthful, a -license shall be issued to the approved applicant upon payment of the -fee therefor and the filing of the required bond. -.IP " 3." 4 -In all matters of denial of the license or registration, the applicant -shall be forthwith advised thereof. -The applicant shall be advised that an appeal of a denied license may be -submitted to the city council. -.LP -(Code 1999, § 9-705) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-706_Bond_For_License" -A "\c" \ - -- "Sec 9-706 Bond For License" -\& -.IP " 1." 4 -Before any license as provided by this article shall be issued, such -applicant shall file a bond running to the city. -A person engaging in business as an itinerant vendor shall file a bond -in the sum set forth in the bond schedule, secured by the applicant as -principal and two sureties upon whom service of process may be made in -the state. -.IP " 2." 4 -All such bonds shall be approved by the city attorney and conditioned -that: -.RS 4 -.IP " 1." 4 -The applicant shall comply with all of the provisions of the ordinances -of the city and the statutes of the state regulating and concerning the -sale of goods or wares and merchandise; and -.IP " 2." 4 -The applicant will pay all judgments rendered against the applicant for -any violation of the ordinances or statutes, or any of them, together -with all judgments and costs that may be recovered against him by any -persons for damage growing out of any misrepresentation or deceptive -practice by any person transacting such business with such applicant, -whether such misrepresentation or deception were made or practiced by -the owner or by their service, agents or employees, either at the time -of making the sale or through any advertisement of any character -whatsoever, printed or circulated with reference to the goods, wares and -merchandise sold or any part thereof. -Any action on the bond may be brought in the name of the city to the use -of the aggrieved person. -.RE -.LP -(Prior Code, § 6-443, in part; Code 1999, § 9-706) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-707_Service_Of_Process" -A "\c" \ - -- "Sec 9-707 Service Of Process" -\& -.LP -Before any license for an itinerant vendor, as herein provided, shall be -issued, such applicant shall file with the city an instrument nominating -and appointing the city clerk his true and lawful agent, with full power -and authority to acknowledge service of notice of process for and on -behalf of the applicant in respect to any matters connected with or -arising out of the business transaction under the license and the bond -given as required by this article, or for the performance of the -conditions of the bond or for any breach thereof. -The instrument shall also contain recitals to the effect that the -applicant for the license consents and agrees that service of any -notices or process may be made upon the agent and when so made shall be -taken and held to be as valid as if personally served on the persons -applying for the license under this article, according to the laws of -the state or any other state and waiving all claims or right of error by -reason of such acknowledgement of service or manner of service. -Immediately upon service of process upon the city clerk, as herein -provided, the city clerk shall send to the licensee at his last-known -address, by certified mail, a copy of the notice. -.PP -(Code 1999, § 9-707) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-708_Sale_Of_Foods" -A "\c" \ - -- "Sec 9-708 Sale Of Foods" -\& -.IP " 1." 4 -All applicants for a license to sell foods and merchandise for human or -animal consumption shall have their application for a license approved -in accordance with the applicable state food establishment requirements -before the licenses are issued. -.IP " 2." 4 -The sale of foods requires an individual license not covered by blanket -licenses. -.LP -(Code 1999, § 9-708) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-709_Identification_Tag_Or_Badge,_Display" -A "\c" \ - -- "Sec 9-709 Identification Tag Or Badge, Display" -\& -.LP -At all times there shall be posted in a conspicuous place upon each: -.IP " 1." 4 -Licensee if an individual; -.IP " 2." 4 -Vehicle or booth used by a licensee; or -.IP " 3." 4 -Building or premises as appropriate for blanket licenses; -.LP -a badge, tag or card issued by the city as proof of issuance of a -license. -The card, tag or badge shall state the name of the licensee and the date -of expiration of the license. -Blanket licenses shall be displayed and readily available for inspection -by the city. -.PP -(Code 1999, § 9-709) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-710_Hours" -A "\c" \ - -- "Sec 9-710 Hours" -\& -.LP -In order to protect the public health, safety and welfare, no person may -engage in soliciting from house to house in residential areas of the -city between the hours of 8:00 p.m. -and 8:00 a.m. -.PP -(Prior Code, § 6-432, in part; Code 1999, § 9-710) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-711_Exceptions" -A "\c" \ - -- "Sec 9-711 Exceptions" -\& -.IP " 1." 4 -The following are exempt from the license requirements of this article: -.RS 4 -.IP " 1." 4 -Sale or delivery of newspapers, or any news gathering activity performed -by a news medium; -.IP " 2." 4 -Any regularly established business which uses vehicles from which to -sell in front of or in the vicinity of its own permanent location; -.IP " 3." 4 -Bona fide auction sales; -.IP " 4." 4 -The sale of farm, dairy, garden or agricultural products by persons who -produced and raised the products on lands owned or controlled by them; -.IP " 5." 4 -Trunk showings or temporary events by existing local merchants outside -of their existing locations; -.IP " 6." 4 -Wholesalers selling to dealers or existing established local businesses; -.IP " 7." 4 -Solicitation of information for a legitimate citywide distributed -telephone directory or similar book; or -.IP " 8." 4 -Solicitation conducted by public school children for the purposes of -financing extracurricular, social, athletic, artistic, scientific, or -cultural programs, which shall include, but shall not be restricted to, -solicitation for band and athletic uniforms, scientific or artistic -implements and literary matters; however, no such solicitation shall be -immune from regulation under this article unless the solicitation shall -have been approved by the principal of the school where the children are -in attendance. -.RE -.IP " 2." 4 -Any person who desires to be exempt from the license fees levied under -this article due to engaging in interstate commerce shall provide -sufficient data on transactions and proof to the city to establish the -interstate commerce nature of his business and transactions. -If the city refuses to issue an interstate commerce exemption for the -license fees to a commercial business activity, then the applicant is -entitled to a hearing before the city judge. -.LP -(Prior Code, §§ 6-19, 6-434, in part; Code 1999, § 9-711; Ord. -No. -551, 4-1-1991) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-712_Provisions_Cumulative" -A "\c" \ - -- "Sec 9-712 Provisions Cumulative" -\& -.LP -The requirements of this article are cumulative to any provisions of -state law or city ordinances regulating or governing any of the -activities licensed herein. -In the case of any conflict between the provisions of this article and -those of any other city ordinance or state law, the more restrictive -requirements shall apply. -.PP -(Code 1999, § 9-712) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-713_Penalty" -A "\c" \ - -- "Sec 9-713 Penalty" -\& -.LP -Any person violating any of the provisions of this article shall, upon -conviction thereof, be punished as provided in section 1-108. -.PP -(Code 1999, § 9-713) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7B_CHARITABLE_SOLICITATIONS" -A "\c" \ - -- "ARTICLE 9-7B CHARITABLE SOLICITATIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-721_Definition" -A "\c" \ - -- "Sec 9-721 Definition" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-722_Regulation_Of_Charitable_Solicitations_Campaign" -A "\c" \ - -- "Sec 9-722 Regulation Of Charitable Solicitations Campaign" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-723_Boxes_And_Receptacles" -A "\c" \ - -- "Sec 9-723 Boxes And Receptacles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-724_Application_For_Permit" -A "\c" \ - -- "Sec 9-724 Application For Permit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-725_Issuance_Of_Charitable_Solicitations_Permit" -A "\c" \ - -- "Sec 9-725 Issuance Of Charitable Solicitations Permit" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-721_Definition" -A "\c" \ - -- "Sec 9-721 Definition" -\& -.LP -In addition to the definitions contained in section 9-701, the term -\[dq]charitable solicitations campaign\[dq] means any course of conduct -whereby any person, organization, society, association, corporation or -any agent, member or representative thereof, shall solicit property or -financial assistance of any kind or sell or offer to sell any article, -tag, service, emblem, publication, ticket, advertisement, subscription, -or anything of value on the plea of representation that such sale or -solicitation with the proceeds therefrom are for charitable, -educational, patriotic or philanthropic purpose. -.PP -(Code 1999, § 9-721; Ord. -No. -551, 4-1-1991) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-722_Regulation_Of_Charitable_Solicitations_Campaign" -A "\c" \ - -- "Sec 9-722 Regulation Of Charitable Solicitations Campaign" -\& -.IP " 1." 4 -It is unlawful to conduct any charitable solicitation campaign within -the city on any street, highway, or roadway used for vehicular or -pedestrian travel, unless waived upon proof that such activity does not -present a danger to the solicitors and will not disrupt, obstruct, or -affect the flow of traffic, or in any public place, or by house to house -canvass, unless the person, organization, society, association or -corporation conducting same and responsible therefor shall first have -obtained a permit in compliance with the terms of this article. -.IP " 2." 4 -This article shall not apply to any organization which solicits funds -solely from its own members or from its own assemblies not using public -streets or public places for such purposes. -.LP -(Code 1999, § 9-722; Ord. -No. -551, 4-1-1991; Ord. -No. -527(06), 2-6-2006) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-723_Boxes_And_Receptacles" -A "\c" \ - -- "Sec 9-723 Boxes And Receptacles" -\& -.LP -It is unlawful for any person to solicit any charitable contribution by -means of a box or receptacle in any public place without first filing -with the city manager a notice of intention to do so. -Each person so soliciting must in all other respects comply with the -provisions of this article. -.PP -(Code 1999, § 9-723; Ord. -No. -551, 4-1-1991) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-724_Application_For_Permit" -A "\c" \ - -- "Sec 9-724 Application For Permit" -\& -.LP -A permit to conduct a charitable solicitations campaign on the streets -or in any public place or by house to house canvass in the city shall be -granted only after submitting to the city manager not less than 14 days -prior to the initiation of the proposed charitable solicitations -campaign an application which shall contain the following information: -.IP " 1." 4 -The full name of the organization applying for a permit and address of -the headquarters in the city. -If the organization is a chapter or other affiliate of an organization -having its principal office outside the city, the name and address of -the parent organization; -.IP " 2." 4 -The names and addresses of the officers and person who will be primarily -in charge of conducting the solicitation campaign; -.IP " 3." 4 -The purposes for which the gross receipts derived from such -solicitations or other activities are to be used; -.IP " 4." 4 -A full statement of the character and extent of the charitable, -educational, patriotic, or philanthropic work done by the charitable -organization during the last preceding year; -.IP " 5." 4 -An outline of the methods to be used in conducting the charitable -solicitations campaign, including the duration of the campaign; -.IP " 6." 4 -Such other information that the city manager may deem appropriate and -necessary to determine whether or not the organization is in fact a -charitable organization whose primary purpose is to conduct charitable, -educational, patriotic, or philanthropic purposes. -.LP -(Code 1999, § 9-724; Ord. -No. -551, 4-1-1991) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-725_Issuance_Of_Charitable_Solicitations_Permit" -A "\c" \ - -- "Sec 9-725 Issuance Of Charitable Solicitations Permit" -\& -.LP -Upon receipt of the written application, the city manager or his -designee shall review the application and if he finds that all -information appears to be true and correct, and that the proceeds from -the proposed solicitation meet the charitable, educational, patriotic, -or philanthropic purpose authorized by this article, he shall cause the -city clerk to issue a permit to the organization or person to conduct a -charitable solicitations campaign for the period and manner determined -by the city manager or his designee to be appropriate for the proposed -campaign. -However, the period of the campaign authorized hereunder shall not -exceed three calendar months. -Any extension of such period shall be granted only upon the filing of a -new application and after the city manager has had opportunity to review -the same. -There shall be no fee for a charitable solicitations permit issued under -the provisions of this article. -.PP -(Code 1999, § 9-725; Ord. -No. -551, 4-1-1991) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-8_PAWNBROKERS" -A "\c" \ - -- "CHAPTER 9-8 PAWNBROKERS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-801_License_Required" -A "\c" \ - -- "Sec 9-801 License Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-802_Fee" -A "\c" \ - -- "Sec 9-802 Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-803_Forfeiture" -A "\c" \ - -- "Sec 9-803 Forfeiture" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-804_Bond_Required" -A "\c" \ - -- "Sec 9-804 Bond Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-805_Registration_Of_Property_Required,_Reports" -A "\c" \ - -- "Sec 9-805 Registration Of Property Required, Reports" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-806_Business_Hours" -A "\c" \ - -- "Sec 9-806 Business Hours" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-807_Entering_Into_Sales_With_Certain_Persons_Prohibited" -A "\c" \ - -- "Sec 9-807 Entering Into Sales With Certain Persons Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-808_Transactions_With_Minors_Prohibited" -A "\c" \ - -- "Sec 9-808 Transactions With Minors Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-809_Concealing_Lost_Property_Prohibited" -A "\c" \ - -- "Sec 9-809 Concealing Lost Property Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-810_Suspicious_Circumstances_To_Prevent_Sale" -A "\c" \ - -- "Sec 9-810 Suspicious Circumstances To Prevent Sale" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-811_Soliciting_Business_On_Streets_Prohibited" -A "\c" \ - -- "Sec 9-811 Soliciting Business On Streets Prohibited" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Oklahoma Pawnshop Act, 59 O.S. -§ 1501 et seq.; municipal regulation of pawnshops, 59 O.S. -§ 1514. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-801_License_Required" -A "\c" \ - -- "Sec 9-801 License Required" -\& -.LP -No person shall operate as a pawnbroker or as a receiver of goods under -chattel mortgage without first securing a license and making payment -therefor as provided in this chapter. -.PP -(Prior Code, § 6-206; Code 1999, § 9-801) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-802_Fee" -A "\c" \ - -- "Sec 9-802 Fee" -\& -.LP -There is hereby levied a fee for the license required by this chapter, -per year. -.PP -(Prior Code, § 6-207; Code 1999, § 9-802) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-803_Forfeiture" -A "\c" \ - -- "Sec 9-803 Forfeiture" -\& -.LP -Any pawnbroker or any other person who may be engaged in any calling or -occupation requiring a license under this chapter, who shall be guilty -of the violation of any provision of this chapter or who shall permit -any employee in the course of employment to be guilty of the violation -of any provision thereof, shall, upon conviction, in addition to the -punishment otherwise provided as a penalty therefor, be deprived of the -license, by order of the court. -.PP -(Prior Code, § 6-208; Code 1999, § 9-803) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-804_Bond_Required" -A "\c" \ - -- "Sec 9-804 Bond Required" -\& -.IP " 1." 4 -Every person applying for a license to engage in or carry on the -business of pawnbroker shall, before the license is issued to him, enter -into a bond with the city, with approved sureties, in the penal sum as -set by the city, conditioned that the applicant will strictly observe -all laws, regulations and requirements in relation to pawnbrokers or -their business, and will pay all costs, fines and penalties incurred on -account of his failure or neglect in that regard and will pay all -damages to any person by reason of the pawnbroker wrongfully taking, -purchasing or receiving in pledge or on deposit any stolen property, or -the property of any minor. -.IP " 2." 4 -The bond shall be filed with the city clerk and may be sued upon by any -person damaged as aforesaid in the name of the city for the benefit of -such person, but in no event shall the city be liable for the costs of -such suit. -.LP -(Prior Code, § 6-209; Code 1999, § 9-804) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-805_Registration_Of_Property_Required,_Reports" -A "\c" \ - -- "Sec 9-805 Registration Of Property Required, Reports" -\& -.IP " 1." 4 -Every pawnbroker shall keep at his place of business a register in which -he shall enter in writing the following: -.RS 4 -.IP " 1." 4 -A minute description of all property taken, purchased or received by -him; -.IP " 2." 4 -Any number that may be in or upon any article; -.IP " 3." 4 -The time, name and place of residence (giving street and number if -within the city) of the person leaving the property; and -.IP " 4." 4 -The amount loaned, the interest charged and the time when the loan falls -due. -.RE -.IP " 2." 4 -The pawnbroker shall make such entry within one hour after the receipt -or purchase of such property. -Every entry shall be made in ink and shall not in any manner be -obliterated or erased. -.IP " 3." 4 -The pawnbroker shall give a receipt to the person negotiating or leaving -the property; the receipt shall be legible, and shall contain a full and -perfect copy of all entries required by law to be kept in the register. -No charge shall be made for the receipt. -.IP " 4." 4 -Every pawnbroker shall execute and deliver to the chief of police every -day, before the hour of 12:00 noon, a legible and correct copy from the -register of all personal property or other valuable things received or -deposited or purchased during the preceding day, together with the time -when received or purchased and a description of the person by whom the -property or valuables was left in pledge or from whom the same was -purchased. -.IP " 5." 4 -No person shall be required to furnish a description of any property -purchased from manufacturers or wholesale dealers having an established -place of business or of any goods purchased at open sale or from any -bankrupt stock, or from any other person having an established place of -business. -Such goods shall be accompanied by a bill of sale or other evidence of -open and legitimate purchase; the bill shall be shown to any officer -upon demand. -.IP " 6." 4 -Any pawnbroker shall make available a copy or report within two days of -any buy or pawn transaction to the police department, provided -merchandise bought on invoice from a manufacturer or wholesaler with an -established place of business is exempt from this reporting requirement. -However, such invoice shall be shown upon request to the administrator -or his duly authorized representative or any authorized peace officer. -The pawnbroker may provide the transaction report to the police -department by either electronically reporting the information in the -transaction report to an electronic database accessible only by law -enforcement agencies or by reporting a physical copy of the transaction -report directly to the law enforcement agency. -The transaction report shall include: -.RS 4 -.IP " 1." 4 -The name and address of the pawnshop; -.IP " 2." 4 -The name, address, race, sex, weight, height, date of birth and either -identification number of the seller or pledger as verified by either a -state-issued identification card, driver\[aq]s license or federal -government-issued identification card or by readable fingerprint of -right or left index finger on the back of the pawn or buy transaction -copy to be retained for the pawnbroker\[aq]s record; -.IP " 3." 4 -The transaction number for the buy or pawn transaction; -.IP " 4." 4 -The date and time of the transaction; -.IP " 5." 4 -The manufacturer of the item; -.IP " 6." 4 -A description of the item; and -.IP " 7." 4 -The serial number and model number, where available, and any other -identifying markings. -.RE -.IP " 7." 4 -Items bought, except on invoice from a manufacturer or wholesaler with -an established place of business, shall be held for ten days before -being disposed of or sold. -.IP " 8." 4 -The pawnbroker shall obtain a written declaration of ownership from the -seller or pledgor on all buy and pawn transactions, except refinance -pawn transactions or merchandise bought from a manufacturer or -wholesaler with an established place of business. -The seller or pledgor shall be required to state how long he has owned -the property described in the transaction. -The declaration of ownership shall appear on the bill of sale or pawn -ticket, to be completed by the seller or the pledgor at the time of the -transaction. -.LP -(Prior Code, § 6-210; Code 1999, § 9-805) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 59 O.S. -§ 1515. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-806_Business_Hours" -A "\c" \ - -- "Sec 9-806 Business Hours" -\& -.LP -No pawnbroker shall purchase, take or receive on deposit, or in any -manner, any article or property from any person between the hours of -6:30 p.m. -and 8:30 a.m. -All pawnbrokers shall remain closed all day on Sunday unless the -pawnbroker can show that he uniformly keeps another day of the week as -holy time and does not labor on that date. -Pawnbrokers may receive and purchase property up to 9:00 p.m. -on Saturdays and Mondays. -.PP -(Prior Code, § 6-212; Code 1999, § 9-807; Ord. -No. -342(01), 12-3-2001) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-807_Entering_Into_Sales_With_Certain_Persons_Prohibited" -A "\c" \ - -- "Sec 9-807 Entering Into Sales With Certain Persons Prohibited" -\& -.LP -No pawnbroker, secondhand dealer, or any other person shall knowingly -purchase, take or receive in pledge, or by any gift or on deposit, or -accept possession of any article or property, of or from any of the -following: -.IP " 1." 4 -Any person under the influence of intoxicating liquors or drugs; -.IP " 2." 4 -Any person who is a habitual user of drugs of any kind; or -.IP " 3." 4 -Any person who has previously been convicted of petty larceny. -.LP -(Prior Code, § 6-213; Code 1999, § 9-808) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-808_Transactions_With_Minors_Prohibited" -A "\c" \ - -- "Sec 9-808 Transactions With Minors Prohibited" -\& -.LP -No person in charge of any junk shop, secondhand store, pawnshop, or -otherwise, shall knowingly purchase from or advance money to any minor -upon articles of value, or have any dealing respecting the title of -property in the possession of a minor, without the written consent of -the parent or guardian of such minor. -.PP -(Prior Code, § 6-214; Code 1999, § 9-809) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-809_Concealing_Lost_Property_Prohibited" -A "\c" \ - -- "Sec 9-809 Concealing Lost Property Prohibited" -\& -.LP -No person shall attempt to conceal any estray, or lost goods, found or -taken up by him, or shall efface any marks or brands thereon, or carry -the same beyond the limits of the city or knowingly permit the same to -be done, or willfully fail to cause the same to be advertised, sold or -otherwise dealt with as provided by this Code in respect to lost goods. -.PP -(Prior Code, § 6-215; Code 1999, § 9-810) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-810_Suspicious_Circumstances_To_Prevent_Sale" -A "\c" \ - -- "Sec 9-810 Suspicious Circumstances To Prevent Sale" -\& -.IP " 1." 4 -Any suspicion or circumstance sufficient to put an ordinary prudent -person upon his guard concerning the right of a person to dispose of an -article shall be sufficient notice to any person to whom property shall -be offered for gift, sale or pledge, to prohibit him from accepting it. -.IP " 2." 4 -The failure to exercise the precautions herein prescribed, and the -accepting of a gift, sale, or pledge, of property prohibited herein, -which is stolen, or is in the possession of one not entitled to, or -competent to, sell, pledge, or give it away, shall be and constitute an -offense. -.LP -(Prior Code, § 6-216; Code 1999, § 9-811) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-811_Soliciting_Business_On_Streets_Prohibited" -A "\c" \ - -- "Sec 9-811 Soliciting Business On Streets Prohibited" -\& -.LP -No person shall solicit business for any pawnshop from any person on the -streets or other public place, or call to or in any manner attract the -attention of any person on the streets or other public place for the -purpose of asking the person to patronize any pawnshop. -.PP -(Prior Code, § 6-217; Code 1999, § 9-812) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-9_PRECIOUS_METALS_DEALERS" -A "\c" \ - -- "CHAPTER 9-9 PRECIOUS METALS DEALERS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-901_Definitions" -A "\c" \ - -- "Sec 9-901 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-902_License_Required" -A "\c" \ - -- "Sec 9-902 License Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-903_Application" -A "\c" \ - -- "Sec 9-903 Application" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-904_Fee" -A "\c" \ - -- "Sec 9-904 Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-905_Investigation,_Issuance_Or_Denial" -A "\c" \ - -- "Sec 9-905 Investigation, Issuance Or Denial" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-906_Transferability,_Display" -A "\c" \ - -- "Sec 9-906 Transferability, Display" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-907_Revocation" -A "\c" \ - -- "Sec 9-907 Revocation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-908_Identification_Of_Sellers" -A "\c" \ - -- "Sec 9-908 Identification Of Sellers" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-909_Records_Required" -A "\c" \ - -- "Sec 9-909 Records Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-910_Report_Of_Transactions_To_Police" -A "\c" \ - -- "Sec 9-910 Report Of Transactions To Police" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-911_Right_To_Inspect_Records" -A "\c" \ - -- "Sec 9-911 Right To Inspect Records" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-912_Duty_To_Retain_Items" -A "\c" \ - -- "Sec 9-912 Duty To Retain Items" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-913_Purchase_From_Minors_Prohibited" -A "\c" \ - -- "Sec 9-913 Purchase From Minors Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-914_Exemptions_From_Provisions_Of_Chapter" -A "\c" \ - -- "Sec 9-914 Exemptions From Provisions Of Chapter" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Precious Metal and Gem Dealer -Licensing Act, 59 O.S. -§ 1521 et seq.; municipal regulation of precious metals dealers, 59 O.S. -§ 1527. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-901_Definitions" -A "\c" \ - -- "Sec 9-901 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Precious metals\f[R] means any item containing in any degree, as -part of its composition, gold, silver, platinum or pewter. -.PP -\f[I]Precious metal dealer\f[R] or \f[I]dealer\f[R] means any person -engaged in the business of buying precious metals, whether for cash or -trade; and further, this definition shall include any dealer whose -business is itinerant in nature, as well as any dealer who conducts his -business at a permanent and fixed location within the city. -As used herein, the term \[dq]dealer\[dq] shall include the employers -and principals on whose behalf any purchase or trade is made and all -employees or agents personally making such purchases or trades. -.PP -(Prior Code, § 6-251; Code 1999, § 9-901) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-902_License_Required" -A "\c" \ - -- "Sec 9-902 License Required" -\& -.LP -No person shall carry on, operate or engage in the business of -purchasing, whether for cash or trade, any precious metals within the -city without first obtaining a license from the city clerk. -.PP -(Prior Code, § 6-266; Code 1999, § 9-902) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-903_Application" -A "\c" \ - -- "Sec 9-903 Application" -\& -.LP -Any person desiring to obtain a license as a precious metal dealer shall -file a written application with the city clerk, together with the amount -of the license fee as hereinafter prescribed. -The application form shall request the following information: -.IP " 1." 4 -If the applicant is an individual, the full name, birthdate, permanent -residence address and telephone number; -.IP " 2." 4 -If the applicant is a partnership, corporation or other business entity, -the full name, birthdate, permanent residence address and telephone -number of each partner or each officer and director; -.IP " 3." 4 -If an individual applicant employed by another, the full name of the -employer or principal, the permanent address and telephone number of the -employer or principal and the name, address and telephone number of the -employee\[aq]s immediate supervisor; -.IP " 4." 4 -Listing of any trade names or aliases used by the applicant for the last -five years; -.IP " 5." 4 -The names, birthdates, permanent address and telephone numbers of each -person employed, or intended to be employed, in the business as of the -time of the filing of the application; -.IP " 6." 4 -Exact address or location of the place within the city where the -business of dealer will be carried on; -.IP " 7." 4 -If the applicant\[aq]s business is itinerant, with no permanent location -within the city, a listing of the last four locations, immediately -preceding the date of the application, where the applicant conducted -business as a precious metal dealer. -.LP -(Prior Code, § 6-267; Code 1999, § 9-903) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-904_Fee" -A "\c" \ - -- "Sec 9-904 Fee" -\& -.LP -There is hereby levied a license fee, on a daily or annual basis as the -applicant may elect, for issuance of a precious metal dealer\[aq]s -license, which shall be paid at the time an application is made. -No part of the license fee shall be subject to refund or abatement. -.PP -(Prior Code, § 6-268; Code 1999, § 9-904) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-905_Investigation,_Issuance_Or_Denial" -A "\c" \ - -- "Sec 9-905 Investigation, Issuance Or Denial" -\& -.IP " 1." 4 -Upon receipt of an application for a license required by this chapter -and the required fee, the city clerk shall refer the same to the chief -of police for investigation of the applicant\[aq]s moral character and -business responsibility. -Within five days from the receipt of the application, the chief of -police shall return the same to the city clerk, accompanied by his -recommendations to issue or deny the license. -Grounds for denial shall include: -.RS 4 -.IP " 1." 4 -The application contains a materially false or fraudulent statement; and -.IP " 2." 4 -The applicant, or an officer, partner or employee thereof, has been -convicted of a felony within the five years immediately preceding the -date of the application. -.RE -.IP " 2." 4 -Upon receipt of the recommendation of the chief of police, the city -clerk shall issue the license accordingly. -If the license is denied, the grounds for denial shall be stated in -writing and a copy supplied to the applicant. -.LP -(Prior Code, § 6-269; Code 1999, § 9-905) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-906_Transferability,_Display" -A "\c" \ - -- "Sec 9-906 Transferability, Display" -\& -.LP -The license issued under this chapter shall not be transferable to any -other person. -No person shall do business as a precious metal dealer, or attempt to do -business, under a license transferred to him. -The dealer shall at all times prominently display on the business -premises a currently valid license. -.PP -(Prior Code, § 6-270; Code 1999, § 9-906) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-907_Revocation" -A "\c" \ - -- "Sec 9-907 Revocation" -\& -.LP -In addition to any other penalty, the dealer shall, upon a second -conviction of a violation of this chapter, have his precious metal -dealer license revoked by the city clerk. -.PP -(Prior Code, § 6-271; Code 1999, § 9-907) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-908_Identification_Of_Sellers" -A "\c" \ - -- "Sec 9-908 Identification Of Sellers" -\& -.LP -All dealers shall require each person offering an item or article for -sale or trade to produce personal identification. -Dealers shall ascertain the name, permanent address and age of all -sellers of precious metals. -Dealers shall verify a seller\[aq]s identity only by means of a -driver\[aq]s license, or some other form of identification issued by a -governmental agency, which must contain thereon a picture or adequate -physical description of the person identified. -It shall be unlawful for a dealer to fail to request identification, or -to accept inadequate identification, before transacting business with a -seller of precious metals. -.PP -(Prior Code, § 6-252; Code 1999, § 9-908) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-909_Records_Required" -A "\c" \ - -- "Sec 9-909 Records Required" -\& -.IP " 1." 4 -Every dealer shall keep and maintain an adequate record of all -transactions with sellers of precious metals. -The record of the transactions shall be maintained in a running ledger -book; or the dealer may maintain the original bill of sale, or other -written receipt, issued at the time of the transaction. -Entries on the record shall be legibly written in ink at the time the -dealer acquires the article from the seller; and same shall not be -obliterated or erased. -The following shall be required to be maintained for each transaction -with a seller of precious metals: -.RS 4 -.IP " 1." 4 -The date and time of the sale or trade; -.IP " 2." 4 -Name, address and age of the seller of the items; -.IP " 3." 4 -The number appearing on the seller\[aq]s driver\[aq]s license or other -governmental identification card; -.IP " 4." 4 -Physical description of the seller, including height, weight, race and -sex; -.IP " 5." 4 -A concise and accurate description of the article acquired by the -dealer, including any identifying marks, names, initials, serial -numbers, brand names or other personalized features; and -.IP " 6." 4 -The amount paid for the articles by the dealer. -.RE -.IP " 2." 4 -The dealer shall maintain the information required by this section for a -period of one year from the date of the acquisition of the article. -.LP -(Prior Code, § 6-253; Code 1999, § 9-909) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-910_Report_Of_Transactions_To_Police" -A "\c" \ - -- "Sec 9-910 Report Of Transactions To Police" -\& -.LP -Within 24 hours of the sale or trade of any precious metal to a dealer, -the dealer shall deliver to the office of chief of police, or the front -desk of the police department, a duplicate or photocopy of the record of -transaction, required to be kept pursuant to the provision of section -9-909. -In the event the delivery time falls on a weekend or holiday, the dealer -shall deliver the required records by no later than 12:00 noon of the -next regular work day. -In lieu of furnishing a duplicate or copy of the records required under -section 9-909, the dealer may supply written statement containing only -the following information: -.IP " 1." 4 -Name of the dealer and name of the agent or employee dealing with the -seller; -.IP " 2." 4 -Description of articles received by dealer, including any identifying -marks, numbers, names or initials; and -.IP " 3." 4 -Name and address of the seller of each item. -.LP -(Prior Code, § 6-254; Code 1999, § 9-910) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-911_Right_To_Inspect_Records" -A "\c" \ - -- "Sec 9-911 Right To Inspect Records" -\& -.LP -Any police officer of the city, or any law enforcement officer of the -county, state or federal government, during the dealer\[aq]s regular -business hours, shall have the right to enter the business premises of -the dealer for the purpose of inspecting the records required to be -maintained under this chapter or any item of precious metal regulated -hereunder. -The application for, and acceptance of, a license under this chapter -shall be deemed conclusive consent of the dealer to such entry and -inspection. -.PP -(Prior Code, § 6-255; Code 1999, § 9-911) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-912_Duty_To_Retain_Items" -A "\c" \ - -- "Sec 9-912 Duty To Retain Items" -\& -.IP " 1." 4 -Every dealer must keep at the business location designated in the -license application, all used articles made, in whole or in part, of -precious metals or gems, for inspection by any law enforcement officer -and the department of consumer credit at reasonable times for a period -of ten days or until the articles have been released by written -authorization of any law enforcement officer authorized by the law -enforcement agency or its designee, except as provided for in 59 O.S. -§ 1525(C). -During this period, the appearance of such articles shall not be altered -in any way. -A dealer is not prohibited from selling or arranging to sell such -articles during the ten-day period as long as such articles remain in -his possession as required by this subsection. -.IP " 2." 4 -Whenever a police officer has probable cause to believe that property in -possession of a licensed dealer is stolen or embezzled, the police -officer may place a written hold order on the property. -The initial term of the written hold order shall not exceed 30 days. -However, the holding period may be extended in successive 30-day -increments upon written notification prior to the expiration of the -initial holding period. -If the holding period has expired and has not been extended, the hold -order shall be considered expired and no longer in effect, and title -shall vest in the dealer subject to any restrictions contained in a sale -contract. -The initial written hold order shall contain the following information: -.RS 4 -.IP " 1." 4 -Signature of the dealer or designee; -.IP " 2." 4 -Name, title and identification number of the police officer placing the -hold order; -.IP " 3." 4 -Name and address of the agency to which the police officer is attached -and the offense number; -.IP " 4." 4 -Complete description of the property to be held, including model number, -serial number and transaction number -.IP " 5." 4 -Name of agency reporting the property stolen or embezzled; -.IP " 6." 4 -Mailing address of the dealer where the property is held; -.IP " 7." 4 -Expiration date of the holding period. -.RE -.IP " 3." 4 -While a hold order is in effect, the dealer may consent to release, upon -written receipt, the stolen or embezzled property to the custody of the -police department. -The consent to release the stolen or embezzled property to the custody -of law enforcement is not a waiver or release of the dealer\[aq]s -property rights or interest in the property. -Otherwise, the dealer shall not release or dispose of the property -except pursuant to a court order or the expiration of the holding -period, including all extensions. -The district attorney\[aq]s office shall notify the dealer in writing in -cases where criminal charges have been filed that the property may be -needed as evidence. -The notice shall contain the case number, the style of the case and a -description of the property. -The dealer shall hold such property until receiving notice of the -disposition of the case from the district attorney\[aq]s office. -The district attorney\[aq]s office shall notify the dealer in writing -within 15 days of the disposition of the case. -Willful noncompliance of a dealer to a written hold order shall be cause -for the dealer\[aq]s license to either be suspended or revoked. -A hold order may be released prior to the expiration of any 30-day -holding period by written release from the agency placing the initial -hold order. -.LP -(Prior Code, § 6-256; Code 1999, § 9-912) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 59 O.S. -§ 1531. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-913_Purchase_From_Minors_Prohibited" -A "\c" \ - -- "Sec 9-913 Purchase From Minors Prohibited" -\& -.LP -No dealer shall purchase or receive in trade any precious metal from any -seller under the age of 18 years, unless the parents or guardian of such -person shall consent to the transaction in writing. -The written consent shall state that the transaction is fully approved -by the parent or guardian, shall be signed by the same and must contain -the address and telephone number of the parent or guardian. -.PP -(Prior Code, § 6-257; Code 1999, § 9-913) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-914_Exemptions_From_Provisions_Of_Chapter" -A "\c" \ - -- "Sec 9-914 Exemptions From Provisions Of Chapter" -\& -.IP " 1." 4 -Retail merchants having permanent and fixed business within the city -shall be exempted from the provisions of this chapter insofar, and only -insofar, as they make purchases directly from manufacturers, suppliers -and wholesalers of precious metals for their retail inventories. -.IP " 2." 4 -Upon obtaining the written approval of the chief of police, exhibitors -at bona fide coin shows, art shows, antique shows, and exhibitions of a -similar nature, where the same are sponsored by a local nonprofit, civic -or cultural organization, shall be exempted from the provisions of this -chapter. -.LP -(Prior Code, § 6-258; Code 1999, § 9-914) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-10_RECREATION_CENTERS_AND_AMUSEMENT_DEVICES" -A "\c" \ - -- "CHAPTER 9-10 RECREATION CENTERS AND AMUSEMENT DEVICES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10A_FAMILY_RECREATION_CENTERS" -A "\c" \ - -- "ARTICLE 9-10A FAMILY RECREATION CENTERS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10B_COIN-OPERATED_AMUSEMENT_DEVICES" -A "\c" \ - -- "ARTICLE 9-10B COIN-OPERATED AMUSEMENT DEVICES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10C_AMUSEMENTS_AND_AMUSEMENT_PARKS" -A "\c" \ - -- "ARTICLE 9-10C AMUSEMENTS AND AMUSEMENT PARKS" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10A_FAMILY_RECREATION_CENTERS" -A "\c" \ - -- "ARTICLE 9-10A FAMILY RECREATION CENTERS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1001_Definitions" -A "\c" \ - -- "Sec 9-1001 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1002_License_Required" -A "\c" \ - -- "Sec 9-1002 License Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1003_License_Fee" -A "\c" \ - -- "Sec 9-1003 License Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1004_Zoning_Restrictions" -A "\c" \ - -- "Sec 9-1004 Zoning Restrictions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1005_Regulations" -A "\c" \ - -- "Sec 9-1005 Regulations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1006_Revocation_Of_License" -A "\c" \ - -- "Sec 9-1006 Revocation Of License" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1007_Penalty" -A "\c" \ - -- "Sec 9-1007 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1001_Definitions" -A "\c" \ - -- "Sec 9-1001 Definitions" -\& -.LP -The following words, terms and phrases, when used in this article, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Game room\f[R] or \f[I]arcade\f[R] means any business location in -which there are more than six coin-operated amusement devices, as -defined in this section, available for use by members of the public or -business invitees. -.PP -\f[I]Recreation center\f[R] means those participant recreation and -entertainment uses conducted within an enclosed building, where no -alcoholic or nonintoxicating beverages, as defined by this Code, are -served or permitted to be consumed. -Typical uses include pool halls, billiard parlors, game rooms, arcades, -including such entertainment as pinball, video games, foosball, etc., -and family amusement centers. -.PP -(Code 1999, § 9-1001; Ord. -No. -538, 11-19-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1002_License_Required" -A "\c" \ - -- "Sec 9-1002 License Required" -\& -.LP -It is unlawful for any person to operate a recreation center within the -city limits without first having obtained a license therefor as provided -by this article. -The city clerk shall issue the license if the city community development -director determines that the proposed use is in compliance with the -requirements of the city ordinances. -No recreation center license issued by virtue of this article shall be -assigned to any other person. -.PP -(Code 1999, § 9-1002; Ord. -No. -538, 11-19-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1003_License_Fee" -A "\c" \ - -- "Sec 9-1003 License Fee" -\& -.LP -A fee as set by the city shall be paid to the city clerk before a -license is issued for the operation of a recreation center. -.PP -(Code 1999, § 9-1003; Ord. -No. -538, 11-19-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1004_Zoning_Restrictions" -A "\c" \ - -- "Sec 9-1004 Zoning Restrictions" -\& -.LP -Recreation centers shall be operated only in such districts as are in -accordance with the city\[aq]s zoning regulations, subject to the -provisions of this article. -.PP -(Code 1999, § 9-1004; Ord. -No. -538, 11-19-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1005_Regulations" -A "\c" \ - -- "Sec 9-1005 Regulations" -\& -.IP " 1." 4 -If 50 percent or more of the gross floor area of a building is devoted -to the use of pool or billiard tables, then such business shall be -considered a pool hall or billiard parlor and shall comply with the -provisions of this article as well as the other applicable provisions of -this Code. -In the case of conflict between the provisions of this article and those -elsewhere in this Code, the more restrictive provision shall prevail. -.IP " 2." 4 -A recreation center shall not open before 10:00 a.m. -and shall not be open later than 1:00 a.m. -on Monday, Tuesday, Wednesday, Thursday and Friday and shall not be open -later than 2:00 a.m. -on Saturday and Sunday mornings. -.IP " 3." 4 -A recreation center shall be required to have at least one on-site -security guard who shall be certified by the state council on law -enforcement education and training, on duty from 8:00 p.m. -until closing on any day such business is open. -.IP " 4." 4 -Sight-proof screening which adequately screens such business from view -of surrounding single-family residential areas or uses shall be -required. -.LP -(Code 1999, § 9-1005; Ord. -No. -538, 11-19-1990; Ord. -No. -187(97), 4-21-1997) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1006_Revocation_Of_License" -A "\c" \ - -- "Sec 9-1006 Revocation Of License" -\& -.LP -Any license issued under the provisions of this article may be suspended -or revoked by the city if the applicant is convicted in municipal court -of violating the provisions of this article or has made a false -statement on the application for license, or if the use and operation of -the business results in a conviction in municipal court for a violation -of any ordinance of the city relating to a breach of the peace, health, -safety, or general welfare of the city. -.PP -(Code 1999, § 9-1006; Ord. -No. -538, 11-19-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1007_Penalty" -A "\c" \ - -- "Sec 9-1007 Penalty" -\& -.LP -A violation of this article is punishable as provided in section 1-108. -.PP -(Code 1999, § 9-1007; Ord. -No. -538, 11-19-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10B_COIN-OPERATED_AMUSEMENT_DEVICES" -A "\c" \ - -- "ARTICLE 9-10B COIN-OPERATED AMUSEMENT DEVICES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1011_Definitions" -A "\c" \ - -- "Sec 9-1011 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1012_License_Fee_For_Coin-Operated_Devices" -A "\c" \ - -- "Sec 9-1012 License Fee For Coin-Operated Devices" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1013_Application_For_License" -A "\c" \ - -- "Sec 9-1013 Application For License" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1014_Display_Of_License" -A "\c" \ - -- "Sec 9-1014 Display Of License" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1015_Prohibited_Devices_Not_Legalized" -A "\c" \ - -- "Sec 9-1015 Prohibited Devices Not Legalized" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1016_Gambling_Prohibited" -A "\c" \ - -- "Sec 9-1016 Gambling Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1017_Penalties" -A "\c" \ - -- "Sec 9-1017 Penalties" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Coin-operated amusement devices, 68 -O.S. -§ 1501 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1011_Definitions" -A "\c" \ - -- "Sec 9-1011 Definitions" -\& -.IP " 1." 4 -The following words, terms and phrases, when used in this article, shall -have the meanings ascribed to them in this subsection, except where the -context clearly indicates a different meaning: -.br -\f[I]Coin-operated amusement device\f[R] means and includes any and all -mechanical devices which, upon the payment or insertion of a coin, -script, token, or similar object, cause or permit, or is incentive for, -the propelling or motivating of any ball, marble, electronic simulation, -or other gadget or object that produces or creates, or makes possible -the production or creation of, a game of skill, amusement, -entertainment, or test of strength, including, but not limited to, -shuffle boards, coin-operated devices utilizing tables, boards, or cases -of any size whatsoever, balls, sticks, cues, pegs or marbles; and -whether or not any motivating force involved is furnished by the player -or the device. -.br -\f[I]Coin-operated music device\f[R] means and includes any such music -device which is operated, motivated, released or played by or upon the -payment or insertion of a coin, script, token or similar object, whether -there is one or more boxes or devices on the premises for the reception -of such coin, script, tokens or similar objects; coin-operated radios or -television receiving sets in hotels or motels shall not be included in -such definition. -.br -\f[I]Coin-operated pool, billiard\f[R] or \f[I]snooker tables\f[R] are -defined as coin-operated amusement devices, in accordance with this -section. -.br -\f[I]Pool, billiard\f[R] or \f[I]snooker table\f[R] means any table -specifically manufactured for the purpose of playing pool, billiards or -snooker, if not coin-operated. -.IP " 2." 4 -Coin-operated music device and coin-operated amusement device as defined -herein shall not include coin-operated machines operated by penny coins -only; or coin-operated vending machines used exclusively for the purpose -of selling tangible personal property, such as cold drinks, tobacco -products, candies, postage stamps or other merchandise; or services, -such as pay telephones, parking meters, gas and electric meters, or -other distribution of needful service; or pool, billiard or snooker -tables which are not coin operated. -.LP -(Prior Code, § 6-116, in part; Code 1999, § 9-1021) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1012_License_Fee_For_Coin-Operated_Devices" -A "\c" \ - -- "Sec 9-1012 License Fee For Coin-Operated Devices" -\& -.LP -Every person who owns and has available to the public, or who permits to -be operated by the public in or on his place of business, any -coin-operated music device, coin-operated amusement device, or -coin-operated pool, billiard or snooker table, shall obtain and pay for -an annual license for each such device or table. -There is hereby levied an annual license fee on such devices, as set by -the city council by motion or resolution. -.PP -(Prior Code, §§ 6-84, 6-117, in part; Code 1999, § 9-1022) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1013_Application_For_License" -A "\c" \ - -- "Sec 9-1013 Application For License" -\& -.LP -Application for an annual license regulated by this chapter shall be -made to the city. -The application form shall contain the name of the applicant, a -description of the device, location of the device and such other -information deemed necessary by the licensing officer to identify the -device. -Any number of machines may be included in one application. -Upon payment of the license fee and approval of the application, the -license shall be issued. -.PP -(Code 1999, § 9-1023) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1014_Display_Of_License" -A "\c" \ - -- "Sec 9-1014 Display Of License" -\& -.LP -Before any coin-operated music device, coin-operated amusement device, -or coin-operated pool, billiard or snooker table is put into operation -or placed where the same may be operated by the public, and at all times -when the same is being operated, or is available to the public for -operation, the license issued by the city shall be firmly affixed to the -device covered thereby, or displayed with other licenses or permits on a -wallboard, and plainly visible to and readable by the public. -.PP -(Code 1999, § 9-1024) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1015_Prohibited_Devices_Not_Legalized" -A "\c" \ - -- "Sec 9-1015 Prohibited Devices Not Legalized" -\& -.LP -Nothing in this article shall be construed to legalize any device that -may be prohibited by the laws of the state or the ordinances of the -city. -The city may assume that any device described in any application, and -for which a license fee is paid, is lawful. -No claim for a refund of any license fee will be entertained based upon -an owner\[aq]s or operator\[aq]s inability to operate such device -because of any law of the state or city or for any other reason. -.PP -(Code 1999, § 9-1025) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1016_Gambling_Prohibited" -A "\c" \ - -- "Sec 9-1016 Gambling Prohibited" -\& -.LP -If any person keeping, operating, maintaining, controlling or being in -charge of any device as referred to and licensed under this article -shall permit any gambling of any kind, by persons using and playing such -machines and devices, he shall be deemed guilty of an offense against -the ordinances of the city, and shall be subject to punishment as -provided in section 1-108. -.PP -(Prior Code, § 6-118; Code 1999, § 9-1026) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1017_Penalties" -A "\c" \ - -- "Sec 9-1017 Penalties" -\& -.LP -Any owner of a coin-operated music device, coin-operated amusement -device, or coin-operated pool, billiard or snooker table, who places -such device in operation or in a place available to the public for -operation, and any person who permits such a device to be in operation -or accessible to the public for operation in his place of business -without attaching and displaying the license provided for by this -article, shall be guilty of an offense. -Upon conviction of a violation of this article, such person shall be -punished as provided in section 1-108. -Each unlicensed device shall constitute a separate violation. -.PP -(Code 1999, § 9-1027) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10C_AMUSEMENTS_AND_AMUSEMENT_PARKS" -A "\c" \ - -- "ARTICLE 9-10C AMUSEMENTS AND AMUSEMENT PARKS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1021_Amusements_Generally,_Fees" -A "\c" \ - -- "Sec 9-1021 Amusements Generally, Fees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1022_Amusement_Park" -A "\c" \ - -- "Sec 9-1022 Amusement Park" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1023_Permit_Or_License_Required,_State_Law_Compliance" -A "\c" \ - -- "Sec 9-1023 Permit Or License Required, State Law Compliance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1024_City_Clerk_To_Issue,_Fee" -A "\c" \ - -- "Sec 9-1024 City Clerk To Issue, Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1025_Authorized_Hours_Of_Business;_Fencing" -A "\c" \ - -- "Sec 9-1025 Authorized Hours Of Business; Fencing" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1026_Exemption_From_Other_Occupational_License_Requirements" -A "\c" \ - -- "Sec 9-1026 Exemption From Other Occupational License Requirements" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1021_Amusements_Generally,_Fees" -A "\c" \ - -- "Sec 9-1021 Amusements Generally, Fees" -\& -.LP -A license in the sum as set forth in the fee schedule is hereby required -on every person engaging in, exercising or pursuing any of the -following: -.IP " 1." 4 -Bowling alley; -.IP " 2." 4 -Circus; -.IP " 3." 4 -Ferris wheel, merry-go-round, small car, or similar apparatus, when not -under the auspices of a street fair, civic club, carnival or circus or -amusement park; -.IP " 4." 4 -Itinerant show, exhibition or entertainment of any kind which charges -admission (including all activities under its auspices); -.IP " 5." 4 -Shooting gallery, skill or strength game or game of chance; -.IP " 6." 4 -Skating rink; -.IP " 7." 4 -Street fair or carnival; or -.IP " 8." 4 -Wrestling matches, professional. -.LP -(Prior Code, § 6-18, in part; Code 1999, § 9-1031) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1022_Amusement_Park" -A "\c" \ - -- "Sec 9-1022 Amusement Park" -\& -.LP -An amusement park is defined as mechanical devices of all kinds, slides, -shooting galleries, or other games produced, designed and calculated to -be witnessed, attended, played or used by the public for entertainment -and diversion at an outside and open location of a permanent nature. -Games and exhibitions presented to any public or private elementary -school, high school or kindergarten, pool or billiard hall or family -amusement center, as defined in this Code, shall not be embraced within -the meaning of amusement park as herein defined. -.PP -(Prior Code, § 6-41; Code 1999, § 9-1032) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1023_Permit_Or_License_Required,_State_Law_Compliance" -A "\c" \ - -- "Sec 9-1023 Permit Or License Required, State Law Compliance" -\& -.LP -It is unlawful and an offense for any person to engage in the operation -of an amusement park without first obtaining a permit or license from -the city clerk. -Any amusement park or devices shall comply with any applicable state law -and inspections approvals prior to operating in the city. -.PP -(Prior Code, § 6-42; Code 1999, § 9-1033) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1024_City_Clerk_To_Issue,_Fee" -A "\c" \ - -- "Sec 9-1024 City Clerk To Issue, Fee" -\& -.LP -The city clerk is hereby authorized to issue a license or permit to -operate an amusement park pursuant to this article, which license or -permit shall expire on the last day of the month of the year after which -such license is issued. -The city clerk shall charge the sum as set forth in the fee schedule for -the license or permit for any amusement park. -.PP -(Prior code, § 6-43; Code 1999, § 9-1034) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1025_Authorized_Hours_Of_Business;_Fencing" -A "\c" \ - -- "Sec 9-1025 Authorized Hours Of Business; Fencing" -\& -.IP " 1." 4 -An amusement park licensed by the terms of this article shall be -authorized to be open for business from the hours of 8:00 a.m. -to 12:00 midnight on each day of the week; however, any amusement -devices which are completely enclosed shall be allowed to remain open -until 2:00 a.m. -on Saturday and Sunday morning only of each week. -.IP " 2." 4 -An amusement park shall have a chainlink or sight-proof fence of at -least six feet in height entirely enclosing such amusement park. -.LP -(Prior Code, § 6-44; Code 1999, § 9-1035) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1026_Exemption_From_Other_Occupational_License_Requirements" -A "\c" \ - -- "Sec 9-1026 Exemption From Other Occupational License Requirements" -\& -.LP -Any person obtaining a license or permit as required by this article -shall not be required to secure licenses, permits or pay fees as set out -in article A of this chapter. -.PP -(Prior Code, § 6-45; Code 1999, § 9-1036) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-11_WRECKERS_AND_TOWING_SERVICE" -A "\c" \ - -- "CHAPTER 9-11 WRECKERS AND TOWING SERVICE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1101_Definitions" -A "\c" \ - -- "Sec 9-1101 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1102_License_Required" -A "\c" \ - -- "Sec 9-1102 License Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1103_Fee" -A "\c" \ - -- "Sec 9-1103 Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1104_License_Revocation_Or_Suspension" -A "\c" \ - -- "Sec 9-1104 License Revocation Or Suspension" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1105_Vehicle_List" -A "\c" \ - -- "Sec 9-1105 Vehicle List" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1106_Storage_Yard" -A "\c" \ - -- "Sec 9-1106 Storage Yard" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1107_Parking" -A "\c" \ - -- "Sec 9-1107 Parking" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1108_Rotation_Log" -A "\c" \ - -- "Sec 9-1108 Rotation Log" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1109_Removal_From_Rotation_Log" -A "\c" \ - -- "Sec 9-1109 Removal From Rotation Log" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1110_Required_Services" -A "\c" \ - -- "Sec 9-1110 Required Services" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1111_Required_Services" -A "\c" \ - -- "Sec 9-1111 Required Services" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1112_Removal_From_Department_Log" -A "\c" \ - -- "Sec 9-1112 Removal From Department Log" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Towing motor vehicles, 47 O.S. -§ 951 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1101_Definitions" -A "\c" \ - -- "Sec 9-1101 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Inspecting Officers\f[R] means the City of Moore Chief of Police, -or their designee, the City of Moore Community Development Director, or -their designee, or the City of Moore City Clerk, or their designee, who -makes inspections on behalf of the city of wrecker service vehicles, -equipment, and place of businesses and tow and impound yards. -.br -.PP -\f[I]Rotation log\f[R] means the list of wrecker companies that have -been approved to provide wrecker services for the City in accordance -with this Chapter.\f[I] -.br -\f[R] -.PP -\f[I]Storage yard\f[R] shall be defined as the temporary storage of -vehicles that have been towed, carried, hauled or pushed from public or -private property for impoundment in a public or private impound -yard.\f[I] -.br -\f[R] -.PP -\f[I]Towing service rotation agreement\f[R] means the non-exclusive -agreement entered into between the city and a wrecker and towing service -that defines the obligations, procedures and terms for police dispatched -tow service. -.br -.br -.PP -\f[I]Wrecker and towing service\f[R] means any person, firm, corporation -or other entity, whether licensed or not, who owns or operates a -business which engages, in whole or in part, in the business of towing, -removal and storage of motor vehicles in the City. -.br -.PP -(Prior Code, § 24-51; Code 1999, § 9-1201) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ - -- "1002.22" -\& on 8/3/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1102_License_Required" -A "\c" \ - -- "Sec 9-1102 License Required" -\& -.LP -A. No person shall, within the city, operate a wrecker or towing service -without first having obtained from the city clerk a license therefor and -without having complied with all other provisions of this chapter, and -the provisions of 47 O.S. -951 et seq. -.PP -B. Any person or business desiring a license for a wrecker or towing -service shall file an application with the city clerk on such forms as -may, from time to time, be developed for that purpose and made available -to the public. -Such license must be renewed annually. -.br -.br -.PP -C. Designated officials from the Moore Police Department and the -Community Development Department shall make an initial inspection upon -receipt of application and shall make an annual inspection upon annual -license renewals. -Such inspections shall determine if the wrecker and tow service is in -compliance with City Code. -No license or license renewal shall be issued without Moore Police -Department and Moore Community Development Department approval. -.br -.br -.PP -D. No license shall be issued to any wrecker service with its storage -yard located outside the limits of the city unless such prospective -licensee contracts with an individual, company or other organization who -maintains a storage yard within the city. -.br -.br -.PP -(Code 1999, § 9-1202) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ - -- "1002.22" -\& on 8/3/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1103_Fee" -A "\c" \ - -- "Sec 9-1103 Fee" -\& -.IP " 1." 4 -The fee for the license required by section 9-1102 to perform a wrecker -or towing service operation shall be the sum as set by the city. -Licenses procured under this chapter shall expire on December 31 -following their issuance . -A prorated license fee shall be paid for any license issued after -January 31. -.IP " 2." 4 -The fee for an annual license renewal and re-inspections required by -Section 9-1102 to perform a wrecker or towing service operation shall be -the sum as set by the city. -License renewal fees shall not be prorated. -.br -.br -.LP -(Prior Code, § 24-53; Code 1999, § 9-1203) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ - -- "1002.22" -\& on 8/3/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1104_License_Revocation_Or_Suspension" -A "\c" \ - -- "Sec 9-1104 License Revocation Or Suspension" -\& -.IP " 1." 4 -A license or permit issued under this division may be revoked or -suspended by the city clerk, for good cause, or in any case where any of -the provisions of this division are violated. -Any license issued for a wrecker and towing service may be revoked or -suspended by the city after notice and hearing upon not less than ten -days\[aq] notice, by certified mail to the last-known address of the -licensee, or personal service on the licensee. -Such notice shall be calculated from the date of mailing or in the case -of personal service, from the date of service upon the licensee. -The hearing shall be held before a panel comprised of the Chief of -Police, or their designee, Moore City Clerk, the Community Development -Director, or their designee, and the City Attorney, or their designee. -The panel shall determine license revocation or length of suspension, -and other terms and conditions of maintaining a Wrecker and Towing -Service license within the City. -.br -.br -.LP -(Prior Code, § 24-54; Code 1999, § 9-1204) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ - -- "1002.22" -\& on 8/3/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1105_Vehicle_List" -A "\c" \ - -- "Sec 9-1105 Vehicle List" -\& -.IP " 1." 4 -Each year upon license renewal, all wrecker and towing services shall -submit a complete inventory of vehicles being stored in the storage yard -including the make, model and registration or license tag number. -The inventory shall be reviewed by the license renewal inspecting -officers. -No vehicles shall be stored in the storage yard for a period of time -exceeding 12 months. -However, if extenuating circumstances require certain vehicles to be -stored in the storage yard exceeding 12 months, documentation of the -extenuating circumstance and estimated date of removal shall be provided -to the inspecting officers. -.br -.br -.LP -(Prior Code, § 24-55; Code 1999, § 9-1205; Ord. -No. -481(89), 4-17-1989) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ - -- "1002.22" -\& on 8/3/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1106_Storage_Yard" -A "\c" \ - -- "Sec 9-1106 Storage Yard" -\& -.IP " 1." 4 -All wrecker and towing services, who store, park or maintain possession -of a towed vehicle shall store such vehicles in a secured facility -meeting the following minimum requirements: -.br -.br -.RS 4 -.IP " 1." 4 -Construction material for fencing shall be of wood or metal design, -which must allow the facility to remain sight-proof. -The fence must not be less than six feet high and not higher than eight -feet. -All lots shall have a least one gate of the same quality material as the -fence and shall be kept closed and locked unless in use. -The fence shall be supported by metal poles set in concrete footings. -All fences shall be kept in good repair and comply with Section -8-1113(D) of the Moore City Code;\ -.IP " 2." 4 -Storage yards shall be designed to be adequate in size for the -individual wrecker services need for storing vehicles. -No vehicles shall be parked or stored outside of the fenced storage yard -other than an employee or customer vehicle that is operational and not -impounded or otherwise stored;\ -.IP " 3." 4 -A minimum of one primary storage yard shall be located within Moore City -Limits. -Each vehicle must be initially stored and held at the primary yard. -After 30 days from the date of initial storage, vehicles may be moved to -a secondary yard;\ -.IP " 4." 4 -No storage yard shall be located on a lot with another automotive -business without an approved Certificate of Occupancy dated prior to -January 1, 2022. -There shall be no renting, selling, salvaging, dismantling or repair of -vehicles in association with the wrecker and towing service other than -what is required by the state licensing authority. -The co-mingling of vehicles between the two businesses is not allowed; -\ -.IP " 5." 4 -Vehicle staging areas shall be provided inside the storage yard to allow -the loading and unloading of vehicles behind a sight-proofed fence. -No vehicle staging, loading or unloading shall take place on street -right-of-way; and -.IP " 6." 4 -Wrecker and towing services approved prior to April 18, 2022 shall -maintain gravel customer parking outside of the storage yard in good -repair at all times, free from wash-outs and gulleys, to prevent the -tracking of mud or dirt onto a public street. -All wrecker and towing services approved after April 18, 2022 shall -provide paved customer parking outside of the storage yard that meets -the requirements of Section 12-400 of the Moore Land Development Code.\ -.RE -.IP " 2." 4 -The license of any wrecker or towing service business existing as of the -date of the passage of this ordinance whose storage yard does not meet -the requirements as set forth in this section shall be given 1 year from -the expiration date of their current license to become compliant with -the Moore City Code. -.br -.br -.LP -(Code 1999, § 9-1206; Ord. -No. -279(00), 5-1-2000) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ - -- "1002.22" -\& on 8/3/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1107_Parking" -A "\c" \ - -- "Sec 9-1107 Parking" -\& -.LP -It is unlawful for any wrecker to be parked or stored on public or -private property within an area zoned for residential use. -.br -.PP -(Code 1999, § 9-1207; Ord. -No. -279(00), 5-1-2000; Ord. -No. -669(10), 4-5-2010) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ - -- "1002.22" -\& on 8/3/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1108_Rotation_Log" -A "\c" \ - -- "Sec 9-1108 Rotation Log" -\& -.IP " 1." 4 -A wrecker and towing service may apply at any time and be placed on a -list maintained by the police department for the purpose of referrals. -An interested licensee shall file an application with the Moore Police -Department on such forms as may, from time to time, be developed for -that purpose and made available to the public. -For a wrecker and towing service to be placed on the Moore Police -Department Rotation Log, the applicant must hold a valid City of Moore -Wrecker and Towing Service license and agree to the terms and conditions -of the Rotation Agreement. -.br -.IP " 2." 4 -Referrals shall be directed only to the licensees appearing on said -list. -The list may be maintained by the city with any number of licensees up -to and including five. -All wrecker and towing services located on the Rotation Log at time of -ordinance passage shall remain on the Rotation Log until such time as -the wrecker and towing service is removed from the Rotation Log either -voluntarily by the wrecker and towing service or pursuant to Sec. -9-1111. -.IP " 3." 4 -A waiting list to be added to the Rotation Log may be maintained by the -Moore Police Department. -If at any time the number of wrecker and towing service companies on the -Rotation Log falls below five, excepting a temporary suspension from the -list, the wrecker and towing service waiting the longest on the wait -list shall be offered a place on the Rotation Log. -.LP -(Code 1999, § 9-1208; Ord. -No. -279(00), 5-1-2000) -.PP -.br -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ - -- "1002.22" -\& on 8/3/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1109_Removal_From_Rotation_Log" -A "\c" \ - -- "Sec 9-1109 Removal From Rotation Log" -\& -.IP " 1." 4 -Any licensed wrecker and towing service may be removed or suspended from -the Rotation Log for not complying with the requirements of this Chapter -or by violating the requirements in the Rotation Agreement. -A Company may be suspended or removed from Rotation for good cause, or -in any case where any of the provisions of this agreement are violated -after notice and hearing upon not less than ten (10) days\[aq] notice, -by certified mail to the last-known address of the licensee. -Such notice shall be calculated from the date of mailing. -The hearing shall be held before a panel comprised of the Chief of -Police, or their designee, Moore City Clerk, the Community Development -Director, or their designee, and the City Attorney, or their designee. -The panel shall determine license revocation or length of suspension, -and other terms and conditions of maintaining the wrecker and towing -service on the Rotation Log. -.br -.br -.LP -(Code 1999, § 9-1209; Ord. -No. -279(00), 5-1-2000) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ - -- "1002.22" -\& on 8/3/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1110_Required_Services" -A "\c" \ - -- "Sec 9-1110 Required Services" -\& -.LP -It is unlawful for any wrecker service listed on the city\[aq]s rotation -log to offer or provide free services for any individual employed by the -city in exchange for future considerations or services. -.br -.br -.PP -(Code 1999, § 9-1210; Ord. -No. -279(00), 5-1-2000) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx" -A "\c" \ - -- "1002.22" -\& on 8/3/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1111_Required_Services" -A "\c" \ - -- "Sec 9-1111 Required Services" -\& -.LP -(Code 1999, § 9-1211; Ord. -No. -279(00), 5-1-2000) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1112_Removal_From_Department_Log" -A "\c" \ - -- "Sec 9-1112 Removal From Department Log" -\& -.LP -(Code 1999, § 9-1212; Ord. -No. -279(00), 5-1-2000) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-12_MASSAGE_PARLORS_AND_HEALTH_SPAS" -A "\c" \ - -- "CHAPTER 9-12 MASSAGE PARLORS AND HEALTH SPAS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12A_GENERALLY" -A "\c" \ - -- "ARTICLE 9-12A GENERALLY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12B_LICENSES_AND_PERMITS" -A "\c" \ - -- "ARTICLE 9-12B LICENSES AND PERMITS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12C_OPERATING_REQUIREMENTS" -A "\c" \ - -- "ARTICLE 9-12C OPERATING REQUIREMENTS" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Massage Therapy Practice Act, 59 O.S. -§ 4200.1 et seq.; local regulation of massage therapy preempted, 59 O.S. -§ 4200.10. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12A_GENERALLY" -A "\c" \ - -- "ARTICLE 9-12A GENERALLY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1201_Definitions" -A "\c" \ - -- "Sec 9-1201 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1202_Inspections_Authorized" -A "\c" \ - -- "Sec 9-1202 Inspections Authorized" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1203_Exemptions" -A "\c" \ - -- "Sec 9-1203 Exemptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1204_Penalty" -A "\c" \ - -- "Sec 9-1204 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1201_Definitions" -A "\c" \ - -- "Sec 9-1201 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Employee\f[R] means any person at least 18 years of age, other than -a massage therapist, who renders any service in connection with the -operation of a massage business and receives compensation, from the -manager of the business or patrons, but has no physical contact with the -customer. -.PP -\f[I]Licensee\f[R] means the person to whom a license or permit has been -issued to own, operate or manage a massage establishment or to engage in -massaging. -.PP -\f[I]Manager\f[R] means the person owning, controlling, conducting, -operating or managing a massage establishment, but shall not include the -massage therapist, as defined in this section. -.PP -\f[I]Massage\f[R] means any method of pressure on or friction against, -or stroking, kneading, rubbing, tapping, pounding, vibrating, or -stimulating of the external parts of the human body with the hands or -with the aid of any mechanical electrical apparatus or appliances with -or without such supplementary aids as rubbing alcohol, liniments, -antiseptics, oils, powders, creams, lotions, ointment, mud, paraffins, -salts or other such similar preparations commonly used in the practice -of massage, under such circumstances that it is reasonably expected that -the person to whom the treatment is provided or some third person on his -behalf will pay money or give any other consideration or any gratuity -therefor. -The term \[dq]massage\[dq] shall include seated massage. -.PP -\f[I]Massage establishment\f[R] means any establishment having a source -of income or compensation derived from the practice of massage as -defined in this section and which has a fixed place of business where -any person engages in or carries on any of the activities as defined in -the definition of the term \[dq]massage\[dq] provided in this section. -.PP -\f[I]Massage therapist\f[R] means any person who, for any consideration -whatsoever, engages in the practice of massage as defined in this -section. -.PP -\f[I]Off-site massage service\f[R] means any business, the functioning -of which is to engage in or carry on massages as defined in this section -at a location designated by the patron or at a location other than at a -massage establishment. -Off-site massage service may include seated massage. -.PP -\f[I]Patron\f[R] means any person, client or customer at least 18 years -of age, or if under 18 years of age with written parental or legal -guardian consent, who receives a massage under such circumstances that -it is reasonably expected that he will pay money or give any other -consideration therefor. -.PP -\f[I]Person\f[R] means any individual, partnership, firm, association, -joint stock company, corporation or combination of individuals of -whatever form or character. -.PP -\f[I]Seated massage\f[R] means any massage of the neck, arms, shoulders -and back area above the waist where the client is fully clothed, sitting -in a special chair designed for upper body massage and done without the -use of supplementary aids, such as rubbing alcohol, liniments, -antiseptics, oils, powders, creams, lotions, ointments, mud, paraffins, -salts, or other similar preparations commonly used in the practice of -massage. -Seated massage may be performed either at a massage establishment or -off-site. -.PP -\f[I]Sexual misconduct\f[R] means any criminal conviction, either -misdemeanor or felony, within the city, the state or any other state for -the crime of rape, child molestation, prostitution, acts of lewdness or -any crime where the convicted person is required to register as a sex -offender under the statutes of the state. -.PP -\f[I]Sexual or genital areas\f[R] means the genitals, pubic area, -buttocks, anus, or perineum of any person, or the vulva or breasts of a -female. -.PP -(Code 1999, § 9-1301; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1202_Inspections_Authorized" -A "\c" \ - -- "Sec 9-1202 Inspections Authorized" -\& -.LP -Any department of the city or its designee may inspect any location -where massages are conducted. -The chief of police or his authorized representatives may from time to -time make inspection of any massage location for the purposes of -determining that the provisions of this chapter are fully complied with. -It shall be unlawful for any person to fail to allow such inspection -officer access to the premises or hinder such officer in any manner. -.PP -(Code 1999, § 9-1302; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1203_Exemptions" -A "\c" \ - -- "Sec 9-1203 Exemptions" -\& -.LP -The provisions of this chapter shall not apply to the following while -they are engaged in the personal performance of the duties of their -respective professions: -.IP " 1." 4 -Physicians, surgeons, chiropractors, osteopaths, or physical therapists -who are duly licensed to practice their respective professions in the -state; -.IP " 2." 4 -Nurses who are registered under the laws of the state; -.IP " 3." 4 -Barbers and beauticians who are duly licensed under the laws of the -state, except that this exemption shall apply solely to the massaging of -the neck, face, scalp and hair; or manicurists or pedicurists and shall -apply solely to the massaging of the hands or feet of the patron for -cosmetic or beautifying purposes; -.IP " 4." 4 -The giving of massages by a licensee or students currently enrolled in -an educational course or program, the purpose of which is to obtain a -degree or certification to perform massages, offered by an employer for -the benefit of its employees, including, but not limited to, an -employer\[aq]s health benefit or wellness program when offered to -employees only, and only during the duration of the employer sanctioned -event; and -.IP " 5." 4 -Students practicing internships at a state licensed massage school under -the direct supervision of a qualified instructor. -.LP -(Code 1999, § 9-1303; Ord. -No. -552(91), 4-15-1991; Ord. -No. -678(10), 9-7-2010; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1204_Penalty" -A "\c" \ - -- "Sec 9-1204 Penalty" -\& -.LP -Every person, except those persons who are specifically exempted by this -chapter, whether acting as an individual manager, employee of the -manager, massage therapist or employee of the massage therapist, or -whether acting as a mere agent or independent contractor for the -manager, employee or massage therapist, or acting as a participant or -worker in any way directly or indirectly who gives massages or operates -a massage establishment or any of the services defined in this chapter -without first obtaining a license or permit and paying a fee to do so -from the city or shall violate any provisions of this chapter shall be -guilty of a misdemeanor and, upon conviction, such person shall be -punished as provided in section 1-108. -.PP -(Code 1999, § 9-1304; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12B_LICENSES_AND_PERMITS" -A "\c" \ - -- "ARTICLE 9-12B LICENSES AND PERMITS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_1_GENERALLY" -A "\c" \ - -- "DIVISION 1 GENERALLY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_2_MASSAGE_ESTABLISHMENT_LICENSE" -A "\c" \ - -- "DIVISION 2 MASSAGE ESTABLISHMENT LICENSE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_3_MASSAGE_THERAPIST_LICENSE" -A "\c" \ - -- "DIVISION 3 MASSAGE THERAPIST LICENSE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_4_OFF-SITE_MASSAGE_LICENSE" -A "\c" \ - -- "DIVISION 4 OFF-SITE MASSAGE LICENSE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_5_SEATED_MASSAGE_LICENSE" -A "\c" \ - -- "DIVISION 5 SEATED MASSAGE LICENSE" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_1_GENERALLY" -A "\c" \ - -- "DIVISION 1 GENERALLY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1211_Term" -A "\c" \ - -- "Sec 9-1211 Term" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1211_Term" -A "\c" \ - -- "Sec 9-1211 Term" -\& -.LP -Every license or permit issued pursuant to the provisions of this -article shall terminate at the expiration of one year from the date of -its issuance unless sooner suspended or revoked. -Said license or permit shall be renewed annually pursuant to the same -standards and requirements set forth in this chapter. -.PP -(Code 1999, § 9-1311; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_2_MASSAGE_ESTABLISHMENT_LICENSE" -A "\c" \ - -- "DIVISION 2 MASSAGE ESTABLISHMENT LICENSE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1221_Required" -A "\c" \ - -- "Sec 9-1221 Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1222_Application" -A "\c" \ - -- "Sec 9-1222 Application" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1223_Inspection_Of_Premises" -A "\c" \ - -- "Sec 9-1223 Inspection Of Premises" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1224_Facilities_Necessary_For_License" -A "\c" \ - -- "Sec 9-1224 Facilities Necessary For License" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1225_Issuance" -A "\c" \ - -- "Sec 9-1225 Issuance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1226_Fee" -A "\c" \ - -- "Sec 9-1226 Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1227_Transfer_Prohibited" -A "\c" \ - -- "Sec 9-1227 Transfer Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1228_Use_Of_False_Names_Or_Improper_Location" -A "\c" \ - -- "Sec 9-1228 Use Of False Names Or Improper Location" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1229_Display" -A "\c" \ - -- "Sec 9-1229 Display" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1230_Revocation_Or_Suspension" -A "\c" \ - -- "Sec 9-1230 Revocation Or Suspension" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1231_Appeal" -A "\c" \ - -- "Sec 9-1231 Appeal" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1221_Required" -A "\c" \ - -- "Sec 9-1221 Required" -\& -.LP -No person shall own, control, lease, act as agent for, conduct, operate, -or manage an establishment for massaging any person without first -securing a license and paying the fee therefor. -A separate license shall be required for each place of business. -.PP -(Code 1999, § 9-1312; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1222_Application" -A "\c" \ - -- "Sec 9-1222 Application" -\& -.IP " 1." 4 -Any person desiring a license for a massage establishment shall file a -written application with the city clerk, license and permit division. -The applicant shall furnish the following information: -.RS 4 -.IP " 1." 4 -The type of ownership of the business (i.e., whether individual, -partnership, corporation, or otherwise); -.IP " 2." 4 -The name, style, and designation under which the business or practice is -to be conducted; -.IP " 3." 4 -The business address and all telephone numbers where the business is to -be conducted; -.IP " 4." 4 -A complete list of the names and residence addresses of all massage -therapists and employees in the business and the name and residence -address of the manager or other person principally in charge of the -operation of the business; -.IP " 5." 4 -The following personal information concerning the applicant, if an -individual; and concerning each stockholder holding more than ten -percent of the stock of the corporation, each officer and each director, -if the applicant is a corporation; and concerning the partners, -including limited partners, if the applicant is a partnership; and -concerning the manager or other person principally in charge of the -operation of the business: -.RS 4 -.IP " 1." 4 -Name, complete residence address and residence telephone numbers; -.IP " 2." 4 -The two previous addresses immediately prior to the present address of -the applicant; -.IP " 3." 4 -Written proof that the applicant is at least 18 years of age; -.IP " 4." 4 -Height, weight, color of hair and eyes, and sex; -.IP " 5." 4 -Two front-face-portrait photographs taken within 30 days of the date of -the application and at least two inches by two inches in size; -.IP " 6." 4 -The massage or similar business history and experience ten years prior -to the date of application, including, but not limited to, whether or -not such person in previously operating in this or another city or state -under license or permit has had such license or permit denied, revoked, -or suspended and the reason therefor, and the business activities or -occupations subsequent to such action of denial, suspension or -revocation; -.IP " 7." 4 -All criminal convictions, except misdemeanor traffic violations; and -.IP " 8." 4 -A complete set of fingerprints taken and to be retained on file by the -police chief or his authorized representatives; -.RE -.IP " 6." 4 -Such other information and identification of the applicant as shall be -deemed necessary by the police chief to discover the truth of the -matters hereinbefore required to be set forth in the application; -.IP " 7." 4 -Authorization for the city, its agents and employees to seek information -and conduct an investigation into the truth of the statements set forth -in the application and the qualifications of the applicant for the -licenses; -.IP " 8." 4 -The names and addresses of three adult residents of the county who will -serve as character references. -These references must be persons other than relatives and business -associates; and -.IP " 9." 4 -A written declaration by the applicant, under penalty of perjury, that -the information contained in the application is true and correct, the -declaration being duly dated and signed in the city. -.RE -.IP " 2." 4 -Along with the written application, the applicant shall provide to the -chief of police or his designee, for each employee, licensee, manager -and massage therapist: -.RS 4 -.IP " 1." 4 -Two forms of state or federal issued identification, at least one must -have a picture of the applicant; -.IP " 2." 4 -A state criminal history report from the state bureau of investigation -dated no more than 30 days prior to the date the application was -submitted. -.RE -.LP -(Code 1999, § 9-1313; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1223_Inspection_Of_Premises" -A "\c" \ - -- "Sec 9-1223 Inspection Of Premises" -\& -.LP -To ensure compliance with this division, before a license is granted for -any massage establishment the city shall cause an inspection to be made -of the location of the establishment, the equipment and facilities, and -the sanitary conditions. -The city\[aq]s inspector shall make a report thereof in writing, which -shall be filed with and become a part of the application. -.PP -(Code 1999, § 9-1314; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1224_Facilities_Necessary_For_License" -A "\c" \ - -- "Sec 9-1224 Facilities Necessary For License" -\& -.IP " 1." 4 -No license to conduct a massage establishment shall be issued if an -inspection by the city or its designee reveals that the facilities do -not comply with each of the following requirements: -.RS 4 -.IP " 1." 5 -If the establishment provides tubs, steam baths and showers, said -facilities shall be made waterproof with approved waterproofing -materials and shall be installed in accordance with the building and -plumbing codes of the city; -.IP " 2." 5 -If the establishment provides steam rooms and shower compartments, said -facilities shall have waterproof floors, walls and ceilings approved by -the city or its designee; -.IP " 3." 5 -If the establishment provides wet and dry heat rooms, the floors shall -be adequately pitched to one or more floor drains properly connected to -the sewer, provided that dry heat rooms with wooden floors need not be -provided with pitched floors and floor drains; -.IP " 4." 5 -A source of hot water must be available within the immediate vicinity of -dry and wet heat rooms to facilitate cleaning; -.IP " 5." 5 -The premises shall have adequate equipment for disinfecting and -sterilizing non-disposable instruments and materials used in -administering massages. -Such non-disposable instruments and materials shall be disinfected after -use on each patron; -.IP " 6." 5 -Protected cabinets shall be provided and used for storage clean linen, -towels and other materials used in connection with administering -massages. -All soiled linens, towels and other materials shall be kept in properly -covered containers or cabinets, which containers or cabinets shall be -kept separate from the clean storage areas; -.IP " 7." 5 -Toilet facilities shall be provided in convenient locations and shall -comply with all building and plumbing codes of the city; -.IP " 8." 5 -Lavatories or washbasins provided with both hot and cold running water -shall be installed in either the toilet room or a vestibule. -Lavatories or washbasins shall be provided with soap and a dispenser and -with sanitary towels; -.IP " 9." 5 -All electrical equipment shall be installed in accordance with the -requirements of the city\[aq]s electrical ordinances; and -.IP " 10." 5 -The establishment shall have adequate equipment such as massage tables -and/or chairs for administering massage. -Said equipment shall be of a washable material and kept clean and in -good repair. -.RE -.IP " 2." 4 -Nothing contained herein shall be construed to eliminate other -requirements of statute or ordinance concerning the maintenance of -premises nor to preclude authorized inspection thereof, whenever such -inspection is deemed necessary by the police or city\[aq]s license and -permit division. -.LP -(Code 1999, § 9-1315; Ord. -No. -552(91), 4-15-1991; Ord. -No. -39(92), 11-16-1992; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1225_Issuance" -A "\c" \ - -- "Sec 9-1225 Issuance" -\& -.LP -If the city\[aq]s inspector find no violations or compliance problems, -he shall cause such approval to be delivered to the license and permit -division, who shall issue the license unless it finds: -.IP " 1." 4 -The correct license fee has not been tendered to the city, and, in the -case of a check or bank draft, not honored with payment upon -presentation. -.IP " 2." 4 -The operation, as proposed by the applicant, if permitted, would not -comply with all applicable laws, including, but not limited to, the -city\[aq]s building, zoning and health ordinances. -.IP " 3." 4 -The applicant, if an individual; or any of the stockholders holding more -than ten percent of the stock of the corporation, any of the officers -and directors, if the applicant is a corporation; or any of the -partners, including limited partners, if the applicant is a partnership; -or the manager or other person principally in charge of the operation of -the business, have been convicted of any of the following offenses: -.RS 4 -.IP " 1." 4 -An offense involving the use of force and violence upon the person of -another that amounts to a felony; -.IP " 2." 4 -An offense involving sexual misconduct as defined in section 9-1201; or -.IP " 3." 4 -An offense involving narcotics, dangerous drugs or dangerous weapons -that amounts to a felony. -The city may issue a license to any person convicted of any of the -crimes described above if such conviction occurred at least five years -prior to the date of the application and the applicant has had no -subsequent felony convictions of any nature and no subsequent -misdemeanor convictions for any such crime mentioned above. -.RE -.IP " 4." 4 -The applicant has knowingly made any false, misleading, or fraudulent -statement of fact in the application or in any document required by the -city in conjunction therewith. -.IP " 5." 4 -The applicant has had a massage establishment, massage therapist or -other similar permit or license denied, revoked, or suspended by the -city or any other state or local agency within five years prior to the -date of the application. -.IP " 6." 4 -The applicant, if an individual; or any of the officers and directors, -if the applicant is a corporation; or any of the partners, including -limited partners, if the applicant is a partnership; and the manager or -other person principally in charge of the operation of the business, is -not at least 18 years of age; and -.IP " 7." 4 -The applicant\[aq]s facility has not met the requirements of section -9-1224. -.LP -(Code 1999, § 9-1316; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1226_Fee" -A "\c" \ - -- "Sec 9-1226 Fee" -\& -.LP -A person who is required by the provisions of this article to obtain a -license shall pay to the city the fee established by ordinance or -appropriate resolution. -Copies of such ordinance or resolution will be on file in the office of -the city clerk. -.PP -(Code 1999, § 9-1317; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1227_Transfer_Prohibited" -A "\c" \ - -- "Sec 9-1227 Transfer Prohibited" -\& -.LP -A license for the operation of a massage establishment at a particular -location shall never be transferred. -.PP -(Code 1999, § 9-1318; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1228_Use_Of_False_Names_Or_Improper_Location" -A "\c" \ - -- "Sec 9-1228 Use Of False Names Or Improper Location" -\& -.LP -No person granted a license pursuant to this division shall operate the -massage establishment under a name not specified in his license, nor -shall he conduct business under any designation or location not -specified in his license. -.PP -(Code 1999, § 9-1319; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1229_Display" -A "\c" \ - -- "Sec 9-1229 Display" -\& -.LP -Every person licensed under this division shall display such license in -a prominent place on the licensed premises. -.PP -(Code 1999, § 9-1320; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1230_Revocation_Or_Suspension" -A "\c" \ - -- "Sec 9-1230 Revocation Or Suspension" -\& -.LP -Any license issued for a massage establishment may be revoked or -suspended by the city after notice and hearing upon not less than ten -days\[aq] notice, by certified mail to the last-known address of the -licensee, or personal service on the licensee. -Such notice shall be calculated from the date of mailing or in the case -of personal service, from the date of service upon the licensee. -A license or permit issued under this division may be revoked or -suspended by the license or permit division, for good cause, or in any -case where any of the provisions of this division are violated or where -any employee of the licensee, including a massage therapist, is engaged -in any conduct which violates any of the state or local laws or -ordinances and the licensee has actual or constructive knowledge by due -diligence, or upon a finding by the county health department, that such -business is being managed, conducted or maintained without regard to -proper sanitation and hygiene. -.PP -(Code 1999, § 9-1321; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1231_Appeal" -A "\c" \ - -- "Sec 9-1231 Appeal" -\& -.IP " 1." 4 -Any applicant or licensee whose license has been denied, revoked or -suspended shall have the right to appeal the decision of the licensing -officer to the city council. -The city council shall have the power to sustain, reverse or modify the -decision of the licensing officer. -.IP " 2." 4 -Any person appealing a decision of the licensing officer shall give -written notice of appeal to the city clerk not more than ten days, -exclusive of Saturdays, Sundays and city holidays, after the date of the -decision of the licensing officer. -Such notice shall set forth the reason for the appeal and the specific -points on which the licensing officer allegedly erred. -.IP " 3." 4 -An appeal shall stay any decision of the licensing officer which would -require the discontinuance of an existing licensed activity. -.IP " 4." 4 -A hearing before the city council shall be scheduled within 30 days from -the date the notice of appeal is filed. -Notice of such hearing shall be mailed to the person appealing and all -other interested parties of record, not less than five days prior to -such hearing. -.LP -(Code 1999, § 9-1322; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_3_MASSAGE_THERAPIST_LICENSE" -A "\c" \ - -- "DIVISION 3 MASSAGE THERAPIST LICENSE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1241_Required" -A "\c" \ - -- "Sec 9-1241 Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1242_Application" -A "\c" \ - -- "Sec 9-1242 Application" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1243_Issuance_Standards" -A "\c" \ - -- "Sec 9-1243 Issuance Standards" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1244_Fee" -A "\c" \ - -- "Sec 9-1244 Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1245_Posting" -A "\c" \ - -- "Sec 9-1245 Posting" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1246_Revocation_Or_Suspension" -A "\c" \ - -- "Sec 9-1246 Revocation Or Suspension" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1241_Required" -A "\c" \ - -- "Sec 9-1241 Required" -\& -.LP -Every person engaged in massaging, including seated massage, shall be -required to obtain a license from the supervisor of licenses before -engaging in the practice of massaging. -No such license shall be issued unless the applicant also is licensed -under The Massage Therapy Practice Act (59 O.S. -§ 4200.1 et seq.). -.PP -(Code 1999, § 9-1331; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1242_Application" -A "\c" \ - -- "Sec 9-1242 Application" -\& -.IP " 1." 4 -Any person desiring the permit required by the provisions of this -division shall file a written application with the city clerk, license -and permit division. -The applicant shall furnish the following information: -.RS 4 -.IP " 1." 4 -The business address and all telephone numbers where the massage is to -be practiced. -.IP " 2." 4 -The following personal information concerning the applicant: -.RS 4 -.IP " 1." 4 -Name, complete residence address and residence telephone numbers; -.IP " 2." 4 -The two previous addresses immediately prior to the present address of -the applicant; -.IP " 3." 4 -Height, weight, color of hair and eyes, and sex; -.IP " 4." 4 -Two front-face-portrait photographs taken within 30 days of the date of -application and at least two inches by two inches in size; -.IP " 5." 4 -The massage or similar business history and experience ten years prior -to the date of application, including, but not limited to, whether or -not such person in previously has been operating in this or another city -or state under a license or permit and whether such license or permit, -been denied, revoked, or suspended and the reason therefor, and the -business activities or occupations subsequent to such action of denial, -suspension, or revocation; -.IP " 6." 4 -A complete set of fingerprints taken and to be retained on file by the -police chief or his authorized representatives; and -.IP " 7." 4 -A copy of a current and valid massage therapist license issued by the -State Board of Cosmetology and Barbering issued under the Massage -Therapy Practice Act (59 O.S. -§ 4200.1 et seq.). -.RE -.IP " 3." 4 -Such other information and identification of the person deemed necessary -by the police chief in order to discover the truth of the matters -required above. -.IP " 4." 4 -Authorization for the city, its agents and employees, to seek -information and conduct an investigation into the truth of the -statements set forth in the application and the qualifications of the -applicant for the permit. -.IP " 5." 4 -A written declaration by the applicant, under penalty of perjury, that -the information contained in the application is true and correct, the -declaration being duly dated and signed in the city. -.IP " 6." 4 -A statement showing the name and address of the person by whom the -massage therapist is employed, if applicable, and such massage therapist -shall file successive statements if a change is made in the employment -of the massage therapist during the existence of the permit. -.RE -.IP " 2." 4 -Along with the written application, the applicant shall provide to the -chief of police or his designee: -.RS 4 -.IP " 1." 4 -Two forms of state or federal issued identification, at least one must -have a picture of the applicant; and -.IP " 2." 4 -A state criminal history report from the state bureau of investigation -dated no more than 30 days prior to the date the application was -submitted. -.RE -.LP -(Code 1999, § 9-1332; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346932_Ordinance%20No.%20901%20(19).pdf" -A "\c" \ - -- "901(19)" -\& on 3/4/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1243_Issuance_Standards" -A "\c" \ - -- "Sec 9-1243 Issuance Standards" -\& -.LP -No license shall be issued pursuant to the provisions of this division -if: -.IP " 1." 4 -The correct permit fee has not been tendered to the city, and, in the -case of a check or bank draft, not honored with payment upon -presentation. -.IP " 2." 4 -The applicant has been convicted of any of the following offenses or -convicted or an offense without the state that would have constituted -any of the following offenses if committed within the state: -.RS 4 -.IP " 1." 4 -An offense involving the use of force and violence upon the person of -another that amounts to a felony; -.IP " 2." 4 -An offense involving sexual misconduct as defined in section 9-1201; or -.IP " 3." 4 -An offense involving narcotics, dangerous drugs or dangerous weapons -that amounts to a felony. -The city may issue a permit to any person convicted of any of the crimes -described above if it finds that such conviction occurred at least five -years prior to the date of the application and the applicant has had no -subsequent felony convictions of any nature and no subsequent -misdemeanor convictions for any such crime mentioned above. -.RE -.IP " 3." 4 -The applicant has knowingly made any false, misleading, or fraudulent -statement of fact in the permit application or in any document required -by the city in conjunction therewith. -.IP " 4." 4 -The applicant has had a massage establishment, massage therapists, or -other similar permit or license denied, revoked, or suspended by the -city or any other state or local agency within five years prior to the -date of the application. -.IP " 5." 4 -The applicant is not at least 18 years of age. -.LP -(Code 1999, § 9-1333; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1244_Fee" -A "\c" \ - -- "Sec 9-1244 Fee" -\& -.LP -A person who is required by the provisions of this division to obtain a -permit shall pay to the city the fee established by ordinances or -appropriate resolution. -Copies of such ordinance or resolution shall be on file in the office of -the city clerk. -.PP -(Code 1999, § 9-1334; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1245_Posting" -A "\c" \ - -- "Sec 9-1245 Posting" -\& -.LP -Every massage therapist or manager shall post the permit required by -this division in his work area. -.PP -(Code 1999, § 9-1335; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1246_Revocation_Or_Suspension" -A "\c" \ - -- "Sec 9-1246 Revocation Or Suspension" -\& -.LP -Any license issued for a manager or massage therapist may be revoked or -suspended by the city pursuant to the provision of sections 9-1230 and -9-1231. -.PP -(Code 1999, § 9-1336; Ord. -No. -552(91), 4-15-1991; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_4_OFF-SITE_MASSAGE_LICENSE" -A "\c" \ - -- "DIVISION 4 OFF-SITE MASSAGE LICENSE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1251_License_Required" -A "\c" \ - -- "Sec 9-1251 License Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1252_Requirements_Necessary_For_A_License" -A "\c" \ - -- "Sec 9-1252 Requirements Necessary For A License" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1253_Fee" -A "\c" \ - -- "Sec 9-1253 Fee" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1251_License_Required" -A "\c" \ - -- "Sec 9-1251 License Required" -\& -.LP -No person shall engage in off-site services as defined in section 9-1201 -without first securing a license from the city clerk, license and permit -division, and paying the fee therefor. -.PP -(Code 1999, § 9-1341; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1252_Requirements_Necessary_For_A_License" -A "\c" \ - -- "Sec 9-1252 Requirements Necessary For A License" -\& -.LP -No license to conduct off-site services shall be issued unless the -following requirements are met: -.IP " 1." 4 -The applicant must have a valid massage therapist license issued by the -city; -.IP " 2." 4 -The applicant shall have adequate means, such as germicide or alcohol, -for disinfecting and sterilizing non-disposable instruments and -materials used in administering massages. -Such non-disposable instruments and materials shall be disinfected after -use on each patron; -.IP " 3." 4 -The applicant shall have adequate means of disinfecting hands prior to -administering a massage; -.IP " 4." 4 -The applicant shall have adequate means of separating linens from any -chemicals, oils, or other wet items; and -.IP " 5." 4 -The applicant shall have adequate equipment, such as a table or massage -chair, for administering massages. -Said equipment shall be of a washable material and kept clean and in -good repair. -.LP -(Code 1999, § 9-1342; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1253_Fee" -A "\c" \ - -- "Sec 9-1253 Fee" -\& -.LP -A person who is required by the provisions of this division to obtain a -permit shall pay to the city the fee established by ordinances or -appropriate resolution. -Copies of such ordinance or resolution shall be on file in the office of -the city clerk. -.PP -(Code 1999, § 9-1343; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_5_SEATED_MASSAGE_LICENSE" -A "\c" \ - -- "DIVISION 5 SEATED MASSAGE LICENSE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1261_License_Required" -A "\c" \ - -- "Sec 9-1261 License Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1262_Requirements_Necessary_For_A_License" -A "\c" \ - -- "Sec 9-1262 Requirements Necessary For A License" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1261_License_Required" -A "\c" \ - -- "Sec 9-1261 License Required" -\& -.LP -No person shall engage in seated massage services as defined in section -9-1201 without first securing a massage therapist license from the city -clerk, license and permit division, and paying the fee therefor. -.PP -(Code 1999, § 9-1351; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1262_Requirements_Necessary_For_A_License" -A "\c" \ - -- "Sec 9-1262 Requirements Necessary For A License" -\& -.LP -Seated massage, as defined in section 9-1201 may be performed at a -massage establishment or off-site, provided it meets the following -conditions: -.IP " 1." 4 -Seated massage shall only be offered at a commercial or industrial place -of business and only for employees and/or patrons of that business. -.IP " 2." 4 -Seated massage shall be offered in a public area only, to which all -patrons or employees are provided free access. -.IP " 3." 4 -Chairs/seats used for seated massage shall be constructed of non-porous, -easily cleanable materials and shall be cleaned and sanitized after each -use. -Any openings, splits or tears shall be repaired before the next use. -.LP -(Code 1999, § 9-1352; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12C_OPERATING_REQUIREMENTS" -A "\c" \ - -- "ARTICLE 9-12C OPERATING REQUIREMENTS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1271_Sanitation_Generally" -A "\c" \ - -- "Sec 9-1271 Sanitation Generally" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1272_Posting_Of_Prices" -A "\c" \ - -- "Sec 9-1272 Posting Of Prices" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1273_Employee_Register" -A "\c" \ - -- "Sec 9-1273 Employee Register" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1274_Records_Required" -A "\c" \ - -- "Sec 9-1274 Records Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1275_Employment_Of_Massage_Therapists" -A "\c" \ - -- "Sec 9-1275 Employment Of Massage Therapists" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1276_Contagious_Diseases" -A "\c" \ - -- "Sec 9-1276 Contagious Diseases" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1277_Required_Dress" -A "\c" \ - -- "Sec 9-1277 Required Dress" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1278_Sheets_And_Towels" -A "\c" \ - -- "Sec 9-1278 Sheets And Towels" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1279_Operating_Hours" -A "\c" \ - -- "Sec 9-1279 Operating Hours" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1280_Advertising" -A "\c" \ - -- "Sec 9-1280 Advertising" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1281_Persons_Under_18_Prohibited_On_Premises" -A "\c" \ - -- "Sec 9-1281 Persons Under 18 Prohibited On Premises" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1282_Alcoholic_Beverages_And_Low-Point_Beer" -A "\c" \ - -- "Sec 9-1282 Alcoholic Beverages And Low-Point Beer" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1283_Indecent_Conduct" -A "\c" \ - -- "Sec 9-1283 Indecent Conduct" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1284_Requirements_For_Cubicles,_Booths,_Etc." -A "\c" \ - -- "Sec 9-1284 Requirements For Cubicles, Booths, Etc." -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1285_Treatment_Of_Diseased_Persons" -A "\c" \ - -- "Sec 9-1285 Treatment Of Diseased Persons" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1271_Sanitation_Generally" -A "\c" \ - -- "Sec 9-1271 Sanitation Generally" -\& -.LP -Every place where a massage is being conducted, including appliances and -apparatus, shall be kept clean and operated in a sanitary condition. -.PP -(Code 1999, § 9-1361; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1272_Posting_Of_Prices" -A "\c" \ - -- "Sec 9-1272 Posting Of Prices" -\& -.LP -Price rates for massage services, including seated massage and off-site -services, shall be prominently displayed in a location available to all -prospective customers. -.PP -(Code 1999, § 9-1362; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1273_Employee_Register" -A "\c" \ - -- "Sec 9-1273 Employee Register" -\& -.LP -The licensee or person designated by the licensee of a massage -establishment shall maintain a register of all persons employed at any -time as massage therapists and their permit numbers. -Such register shall be posted at the massage establishment at all times. -.PP -(Code 1999, § 9-1363; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1274_Records_Required" -A "\c" \ - -- "Sec 9-1274 Records Required" -\& -.LP -Every massage establishment, manager or permittee or licensee -administering a massage shall maintain an appointment book in which -shall be entered the name of each and every patron, the time, date and -place of service and the service provided. -.PP -(Code 1999, § 9-1364; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1275_Employment_Of_Massage_Therapists" -A "\c" \ - -- "Sec 9-1275 Employment Of Massage Therapists" -\& -.LP -No person shall employ as an operator a massage therapist any person -unless the employee has obtained and has in effect a permit license -issued pursuant to this chapter. -.PP -(Code 1999, § 9-1365; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1276_Contagious_Diseases" -A "\c" \ - -- "Sec 9-1276 Contagious Diseases" -\& -.LP -Except as otherwise provided, no manager of any massage establishment -shall employ or permit any massage therapist to work and no massage -therapist shall work in any establishment or location which is affected -with any infectious, contagious or communicable disease or any disease -which may, by law, be required to be reported to the health department -of the city or of the state. -.PP -(Code 1999, § 9-1366; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1277_Required_Dress" -A "\c" \ - -- "Sec 9-1277 Required Dress" -\& -.LP -All employees of a massage establishment, and all massage therapists, -shall be clean and wear clean, nontransparent outer garments, covering -the sexual and genital areas. -.PP -(Code 1999, § 9-1367; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1278_Sheets_And_Towels" -A "\c" \ - -- "Sec 9-1278 Sheets And Towels" -\& -.LP -All places where massage is being conducted shall have clean laundered -sheets and towels in sufficient quantity and which shall be laundered -after each use thereof and stored in a sanitary manner. -.PP -(Code 1999, § 9-1368; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1279_Operating_Hours" -A "\c" \ - -- "Sec 9-1279 Operating Hours" -\& -.LP -No massage establishment or off-site service shall be kept open or -provide massaging between the hours of 10:00 p.m. -and 8:00 a.m. -.PP -(Code 1999, § 9-1369; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1280_Advertising" -A "\c" \ - -- "Sec 9-1280 Advertising" -\& -.LP -No massage establishment or massage therapist shall place, publish or -distribute, or cause to be placed, published or distributed, any -advertisement, picture, or statement which is known, or through the -exercise of reasonable care should be known, to be false, deceptive or -misleading in order to induce any person to purchase or utilize any -professional massage services. -Any advertisement of a massage establishment or massage therapist shall -contain the license number of said establishment or therapist. -.PP -(Code 1999, § 9-1370; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1281_Persons_Under_18_Prohibited_On_Premises" -A "\c" \ - -- "Sec 9-1281 Persons Under 18 Prohibited On Premises" -\& -.LP -No person shall permit any person under the age of 18 years to come or -remain on the premises of any massage establishment as a massage -therapist, employee, patron, or in any other capacity without -parental/legal guardian presence or written consent, unless such person -is on the premises on lawful business. -.PP -(Code 1999, § 9-1371; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1282_Alcoholic_Beverages_And_Low-Point_Beer" -A "\c" \ - -- "Sec 9-1282 Alcoholic Beverages And Low-Point Beer" -\& -.LP -No person shall sell, give, dispense, provide or keep, or cause to be -sold, given, dispensed, provided or kept, any alcoholic beverage as -defined in 37 O.S. -§ 506, or low-point beer as defined in 37 O.S. -§ 163.2, on the premises of any massage establishment or place where -massaging is being conducted. -.PP -(Code 1999, § 9-1372; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1283_Indecent_Conduct" -A "\c" \ - -- "Sec 9-1283 Indecent Conduct" -\& -.IP " 1." 4 -It shall be unlawful for any person, conducting a massage, to place his -hands upon, to touch with any part of his body, to fondle in any manner, -or to massage, a sexual or genital part area of any other person. -.IP " 2." 4 -It shall be unlawful for any person, in a massage establishment -conducting a massage, to expose his sexual or genital areas, or any -portion thereof, to any other person. -It shall also be unlawful for any person, conducting a massage, to -expose the sexual or genital areas, or any portions thereof, of any -other person. -.IP " 3." 4 -It shall be unlawful for any person, while in the presence of any other -person conducting a massage, to fail to conceal with a fully opaque -covering, the sexual or genital areas of his body. -.IP " 4." 4 -It shall be unlawful for any person owning, operating or managing a -massage establishment, knowingly to cause, allow or permit in or about -such massage establishment, any agent, employee, or any other person -under his control or supervision to perform such acts prohibited in -subsection (A), (B) or (C) of this section. -.LP -(Code 1999, § 9-1373; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1284_Requirements_For_Cubicles,_Booths,_Etc." -A "\c" \ - -- "Sec 9-1284 Requirements For Cubicles, Booths, Etc." -\& -.LP -It shall be unlawful for any massage to be carried on within any -cubicle, room, booth, or any area which is fitted with a door capable of -being locked. -Nothing contained herein shall be construed to eliminate other -requirements of statute or ordinance concerning the maintenance of -premises, nor to preclude authorized inspection thereof, whenever such -inspection is deemed necessary by the police or county health -departments. -.PP -(Code 1999, § 9-1374; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1285_Treatment_Of_Diseased_Persons" -A "\c" \ - -- "Sec 9-1285 Treatment Of Diseased Persons" -\& -.LP -No person affected with any contagious disease or with any disease of -the skin shall be treated with a massage. -.PP -(Code 1999, § 9-1375; Ord. -No. -704(11), 9-6-2011) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-13_PENALTIES" -A "\c" \ - -- "CHAPTER 9-13 PENALTIES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1301_Penalty" -A "\c" \ - -- "Sec 9-1301 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1301_Penalty" -A "\c" \ - -- "Sec 9-1301 Penalty" -\& -.LP -A violation of any of the provisions of this part is punishable as -provided in section 1-108. -A violation of this part may also result in revocation or suspension of -a license issued hereunder, in addition to other penalties or remedies -authorized by law. -.PP -(Code 1999, § 9-1501) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-14_TATTOOING,_BODY_PIERCING_AND_MEDICAL_MICROPIGMENTATION" -A "\c" \ - -- "CHAPTER 9-14 TATTOOING, BODY PIERCING AND MEDICAL MICROPIGMENTATION" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14A_TATTOOING,_BODY_PIERCING,_MEDICAL_MICROPIGMENTATION" -A "\c" \ - -- "ARTICLE 9-14A TATTOOING, BODY PIERCING, MEDICAL MICROPIGMENTATION" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14B_LICENSES_AND_PERMITS" -A "\c" \ - -- "ARTICLE 9-14B LICENSES AND PERMITS" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Body piercing and tattooing, 21 O.S. -§ 842.1 et seq.; local regulation of body piercing and tattooing, 21 -O.S. -§ 842.3. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14A_TATTOOING,_BODY_PIERCING,_MEDICAL_MICROPIGMENTATION" -A "\c" \ - -- "ARTICLE 9-14A TATTOOING, BODY PIERCING, MEDICAL MICROPIGMENTATION" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1401_Tattooing,_Body_Piercing,_Medical_Micropigmentation" -A "\c" \ - -- "Sec 9-1401 Tattooing, Body Piercing, Medical Micropigmentation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1402_Requirements" -A "\c" \ - -- "Sec 9-1402 Requirements" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1401_Tattooing,_Body_Piercing,_Medical_Micropigmentation" -A "\c" \ - -- "Sec 9-1401 Tattooing, Body Piercing, Medical Micropigmentation" -\& -.IP " 1." 4 -It shall be unlawful for any person to perform or offer to perform body -piercing or tattooing on a child under 18 years of age. -No person under 18 years of age shall be allowed to receive a tattoo. -No person under 18 years of age shall be allowed to receive a body -piercing procedure unless the parent or legal guardian of such child -gives written consent for the procedure, and the parent or legal -guardian of the child is present during the procedure. -No person shall be allowed to purchase or possess tattoo equipment or -supplies without being licensed either as a state medical -micropigmentologist or as a state tattoo artist. -.IP " 2." 4 -Tattooing shall not be performed upon a person impaired by drugs or -alcohol. -A person impaired by drugs or alcohol is considered incapable of -consenting to tattooing and incapable of understanding tattooing -procedures and aftercare suggestions. -.IP " 3." 4 -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.br -\f[I]Apprentice\f[R] means any person who is training under the -supervision of a licensed tattoo artist. -That person cannot independently perform the work of tattooing. -The term \[dq]apprentice\[dq] also means any person who is training -under the supervision of a licensed body artist. -That person cannot independently perform the work of body piercing. -.br -\f[I]Artist\f[R] means the person who actually performs the body -piercing or tattooing procedure. -.br -\f[I]Body piercing\f[R] means a procedure in which an opening is created -in a human body solely for the purpose of inserting jewelry or other -decoration; provided, however, the term does not include ear piercing. -.br -\f[I]Body piercing operator\f[R] means any person who owns, controls, -operates, conducts, or manages any permanent body piercing establishment -whether actually performing the work of body piercing or not. -A mobile unit, including, but not limited to, a mobile home, -recreational vehicle, or any other nonpermanent facility, shall not be -used as a body piercing establishment. -.br -\f[I]Tattoo operator\f[R] means any person who owns, controls, operates, -conducts, or manages any permanent tattooing establishment whether -performing the work of tattooing or not, or a temporary location that is -a fixed location at which an individual tattoo operator performs -tattooing for a specified period of not more than seven days in -conjunction with a single event or celebration, where the primary -function of the event or celebration is tattooing. -.br -\f[I]Tattooing\f[R] means the practice of producing an indelible mark or -figure on the human body by scarring or inserting a pigment under the -skin using needles, scalpels, or other related equipment, provided that -medical micropigmentation, performed pursuant to the provisions of the -Oklahoma Medical Micropigmentation Regulation Act, shall not be -construed to be tattooing. -.IP " 4." 4 -This chapter shall not apply to any act of a licensed practitioner of -the healing arts performed in the course of such practitioner\[aq]s -practice of the practitioner. -.LP -(Code 1999, § 9-1600; Ord. -No. -555(06), 9-18-2006) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287986_Ordinance%20914(19).pdf" -A "\c" \ - -- "914(19)" -\& on 6/3/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1402_Requirements" -A "\c" \ - -- "Sec 9-1402 Requirements" -\& -.IP " 1." 4 -All body piercing operators, tattoo operators and artists shall be -prohibited from performing body piercing or tattooing unless licensed in -the appropriate category by the state department of health. -.IP " 2." 4 -The city shall not grant or issue a license to a body piercing or tattoo -operator if the place of business of the body piercing or tattoo -operator is within 1,000 feet of a church, school, or playground. -.RS 4 -.IP " 1." 4 -The provisions of this subsection (B) shall not apply to the renewal of -licenses or to new applications for locations where body piercing or -tattoo operators are licensed at the time the application is filed with -the department. -.IP " 2." 4 -The following words, terms and phrases, when used in this subsection -(B), shall have the meanings ascribed to them in this subsection, except -where the context clearly indicates a different meaning: -.br -.br -\f[I]Church\f[R] means an establishment, other than a private dwelling, -where religious services are usually conducted -.br -.br -\f[I]Playground\f[R] means a place, other than grounds at a private -dwelling, that is provided by the public or members of a community for -recreation. -.br -\f[I] -.br -School\f[R] means an establishment, other than a private dwelling, where -the usual processes of education are usually conducted. -.br -.RE -.LP -(Code 1999, § 9-1601; Ord. -No. -555(06), 9-18-2006) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14B_LICENSES_AND_PERMITS" -A "\c" \ - -- "ARTICLE 9-14B LICENSES AND PERMITS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1411_Term" -A "\c" \ - -- "Sec 9-1411 Term" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1412_Required" -A "\c" \ - -- "Sec 9-1412 Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1413_Application" -A "\c" \ - -- "Sec 9-1413 Application" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1414_Issuance" -A "\c" \ - -- "Sec 9-1414 Issuance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1415_Fee" -A "\c" \ - -- "Sec 9-1415 Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1416_Transfer_Prohibited" -A "\c" \ - -- "Sec 9-1416 Transfer Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1417_Use_Of_False_Names_Or_Improper_Location" -A "\c" \ - -- "Sec 9-1417 Use Of False Names Or Improper Location" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1418_Display" -A "\c" \ - -- "Sec 9-1418 Display" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1419_Revocation_Or_Suspension" -A "\c" \ - -- "Sec 9-1419 Revocation Or Suspension" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1420_Appeal" -A "\c" \ - -- "Sec 9-1420 Appeal" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1411_Term" -A "\c" \ - -- "Sec 9-1411 Term" -\& -.LP -Every license or permit issued pursuant to the provisions of this -article shall terminate at the expiration of one year from the date of -its issuance unless sooner suspended or revoked. -.PP -(Code 1999, § 9-1602; Ord. -No. -555(06), 9-18-2006) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1412_Required" -A "\c" \ - -- "Sec 9-1412 Required" -\& -.LP -No body piercing operator, tattooing operator or artist shall own, -control, lease, act as agent for, conduct, operate, or manage an -establishment for tattooing or body piercing without first securing a -license and paying the fee therefor. -A separate license shall be required for each office or place of -business. -.PP -(Code 1999, § 9-1603; Ord. -No. -555(06), 9-18-2006) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1413_Application" -A "\c" \ - -- "Sec 9-1413 Application" -\& -.LP -Any body piercing operator, tattooing operator, or artist desiring a -license for tattooing or body piercing shall file a written application -with the city clerk, license and permit division. -The applicant shall furnish the following information: -.IP " 1." 4 -A state department of health license issued in the appropriate category; -.IP " 2." 4 -The type of ownership of the business (i.e., whether individual, -partnership, corporation, or otherwise); -.IP " 3." 4 -The name, style, and designation under which the business or practice is -to be conducted; -.IP " 4." 4 -The business address and all telephone numbers where the business is to -be conducted; -.IP " 5." 4 -A complete list of the names and residence address of all operators and -employees in the business and the name and residence address of the -manager or other person principally in charge of the operation; -.IP " 6." 4 -The following personal information concerning the applicant, if an -individual; and concerning each stockholder holding more than ten -percent of the stock of the corporation, each officer and each director, -if the applicant is a corporation; and concerning the partners, -including limited partners, if the applicant is a partnership; and the -holder of any lien, of any nature, upon the business or the equipment -used therein; and concerning the manager or other person principally in -charge of the operation of the business: -.RS 4 -.IP " 1." 4 -Name, complete residence address and residence telephone numbers; -.IP " 2." 4 -The two previous addresses immediately prior to the present address of -the applicant; -.IP " 3." 4 -Written proof that the applicant is at least 18 years of age; -.IP " 4." 4 -Height, weight, color of hair and eyes, and sex; -.IP " 5." 4 -Two front-face-portrait photographs taken within 30 days of the date of -the application and at least two inches by two inches in size; -.IP " 6." 4 -All criminal convictions, except misdemeanor traffic violations; and -.IP " 7." 4 -A complete set of fingerprints taken and to be retained on file by the -police chief or his authorized representatives; -.RE -.IP " 7." 4 -Such other information, identification, and physical examination of the -applicant as shall be deemed necessary by the police chief to discover -the truth of the matters hereinbefore required to be set forth in the -application; -.IP " 8." 4 -Authorization for the city, its agents and employees to seek information -and conduct an investigation into the truth of the statements set forth -in the application and the qualifications of the applicant for the -permit. -.LP -(Code 1999, § 9-1604; Ord. -No. -555(06), 9-18-2006) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287986_Ordinance%20914(19).pdf" -A "\c" \ - -- "914(19)" -\& on 6/3/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1414_Issuance" -A "\c" \ - -- "Sec 9-1414 Issuance" -\& -.LP -If the city\[aq]s inspectors find no violations or compliance problems, -the inspector shall cause such approval to be delivered to the license -and permit division who shall issue the license unless it finds: -.IP " 1." 4 -The current license fee has not been tendered to the city, and, in the -case of a check or bank draft, not honored with payment upon -presentation. -.IP " 2." 4 -The operation, as proposed by the applicant, if permitted, would not -comply with all applicable laws, including, but not limited to, the -city\[aq]s building, zoning and health ordinances. -.IP " 3." 4 -The applicant has knowingly made any false, misleading, or fraudulent -statement of fact in the application or in any document therewith. -.IP " 4." 4 -The applicant has attached copies of all state certificates and surety -bonds approved by the state attorney general and filed in the office of -the secretary of state. -.LP -(Code 1999, § 9-1605; Ord. -No. -555(06), 9-18-2006) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1415_Fee" -A "\c" \ - -- "Sec 9-1415 Fee" -\& -.LP -A person who is required by the provisions of this article to obtain a -license shall pay to the city the fee established by ordinance or -appropriate resolution. -.PP -(Code 1999, § 9-1606; Ord. -No. -555(06), 9-18-2006) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1416_Transfer_Prohibited" -A "\c" \ - -- "Sec 9-1416 Transfer Prohibited" -\& -.LP -A license for the operation of a tattoo or body piercing establishment -at a particular location shall never be transferred. -.PP -(Code 1999, § 9-1607; Ord. -No. -555(06), 9-18-2006) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1417_Use_Of_False_Names_Or_Improper_Location" -A "\c" \ - -- "Sec 9-1417 Use Of False Names Or Improper Location" -\& -.LP -No person granted a license pursuant to this article shall operate the -tattoo or body piercing establishment under a name not specified in his -license, nor shall he conduct business under any designation or location -not specified in his license. -.PP -(Code 1999, § 9-1608; Ord. -No. -555(06), 9-18-2006) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1418_Display" -A "\c" \ - -- "Sec 9-1418 Display" -\& -.LP -Every person licensed under this article shall display such license in a -prominent place on the licensed premises. -.PP -(Code 1999, § 9-1609; Ord. -No. -555(06), 9-18-2006) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1419_Revocation_Or_Suspension" -A "\c" \ - -- "Sec 9-1419 Revocation Or Suspension" -\& -.LP -Any license issued for tattoo or body piercing may be revoked or -suspended by the city after notice and hearing upon not less than ten -days\[aq] notice, by certified mail to the last-known address of the -licensee, or personal service on the licensee. -Such notice shall be calculated from the date of mailing or in the case -of personal service, from the date of service upon the license. -A license or permit issued under this article may be revoked or -suspended by the license or permit division, for good cause, or in any -case where any of the provisions of this chapter are violated or where -any employee of the manager licensee, including an operator, is engaged -in any conduct which violates any of the state or local laws or -ordinances at the licensee\[aq]s place of business and the manager -licensee has actual or constructive knowledge by due diligence, or upon -a finding by the county health department, that such business is being -managed, conducted or maintained without regard to proper sanitation and -hygiene. -.PP -(Code 1999, § 9-1610; Ord. -No. -555(06), 9-18-2006) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1420_Appeal" -A "\c" \ - -- "Sec 9-1420 Appeal" -\& -.IP " 1." 4 -Any applicant or licensee whose license has been denied, revoked or -suspended shall have the right to appeal the decision of the licensing -officer to the city council. -The city council shall have the power to sustain, reverse or modify the -decision of the licensing officer. -.IP " 2." 4 -Any person appealing a decision of the licensing officer shall give -written notice of appeal to the city clerk not more than ten days, -exclusive of Saturdays, Sundays and city holidays, after the date of the -decision of the licensing officer. -Such notice shall set forth the reason for the appeal and the specific -points on which the licensing officer allegedly erred. -.IP " 3." 4 -An appeal shall stay any decision of the licensing officer which would -require the discontinuance of an existing licensed activity. -.IP " 4." 4 -A hearing before the city council shall be scheduled within 30 days from -the date the notice of appeal is filed. -Notice of such hearing shall be mailed to the person appealing and all -other interested parties of record, not less than five days prior to -such hearing. -.LP -(Code 1999, § 9-1611; Ord. -No. -555(06), 9-18-2006) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-15_HOME_OCCUPATIONS" -A "\c" \ - -- "CHAPTER 9-15 HOME OCCUPATIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1501_Purpose_And_Intent" -A "\c" \ - -- "Sec 9-1501 Purpose And Intent" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1502_Home_Occupations" -A "\c" \ - -- "Sec 9-1502 Home Occupations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1503_Applicability_And_Exemptions" -A "\c" \ - -- "Sec 9-1503 Applicability And Exemptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1504_Action_Regarding_Complaints_And_Violation_Of_Standards" -A "\c" \ - -- "Sec 9-1504 Action Regarding Complaints And Violation Of Standards" -\& -.br -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf" -A "\c" \ - -- "970(21)" -\& on 6/7/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1501_Purpose_And_Intent" -A "\c" \ - -- "Sec 9-1501 Purpose And Intent" -\& -.LP -The City Council hereby finds that there is a need to permit residents -of the community a broad choice in the use of their homes as a place of -livelihood and for the production or supplementing of personal and -family income. -It is the intent of the city council to: -.IP " 1." 4 -Protect residential areas from potential adverse impact of activities -defined as home occupations. -.IP " 2." 4 -Establish measurable and comprehensive criteria and standards for the -use of residential structures for home occupations. -.IP " 3." 4 -Protect the public interest by enabling certain business activities to -be conducted from within residential properties subject to limitations -that will protect residential neighborhoods from the potential impacts -of such business activities. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf" -A "\c" \ - -- "970(21)" -\& on 6/7/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1502_Home_Occupations" -A "\c" \ - -- "Sec 9-1502 Home Occupations" -\& -.LP -A home occupation is any occupation or profession carried on in a -residence which is clearly incidental and secondary to the residential -use of the premises. -Residents of a dwelling unit may conduct home occupations as accessory -activities, provided the residents observe the following standards: -.br -.IP " 1." 5 -Home occupations shall exhibit no evidence that a business is being -conducted from the premises. -A home occupation shall not permit: -.RS 5 -.IP " 1." 4 -Outside volunteers or employees to be engaged in the business activity -other than the persons principally residing on the premises; -.IP " 2." 4 -Exterior signage which identifies the property as a business location. -.RE -.IP " 2." 5 -The total area devoted to all home occupation(s) shall not exceed 10 -percent of the gross floor area of the dwelling or housekeeping unit. -Areas within attached private garages and accessory storage buildings -shall not be considered part of the dwelling unit for purposes of -calculating allowable home occupation area but may be used for indoor -storage of goods associated with the home occupation, as well as for the -home occupation itself. -.IP " 3." 5 -All on-site activities of the home occupation(s) shall be conducted -indoors; no outside storage is allowed. -.IP " 4." 5 -The following activities are examples of permitted home occupations: -.RS 5 -.IP " 1." 5 -Dressmaking, seamstresses, tailors; -.IP " 2." 5 -Artists and sculptors; -.IP " 3." 5 -Resident owned and operated beauty and/or barbershops (limited to one -chair); -.IP " 4." 5 -Tutoring limited to two students at a time; -.IP " 5." 5 -Home crafts, such as model making, rug weaving, and lapidary work; -.IP " 6." 5 -Office facility of a minister, rabbi, or priest; -.IP " 7." 5 -Office facility of a salesman, sales representative or manufacture\[aq]s -representative; -.IP " 8." 5 -Office facility of a professional; -.IP " 9." 5 -Repair shop for small (less than 1.5 cubic feet) household items; -.IP " 10." 5 -Telephone answering or soliciting; -.IP " 11." 5 -Computer programming and small scale repair; -.IP " 12." 5 -Home cooking and preserving; -.IP " 13." 5 -Music and arts instruction (limited to two students at a time); -.IP " 14." 5 -Massage therapist; -.IP " 15." 5 -Typing/word processing service; -.IP " 16." 5 -Personal training (no more than two persons in a group); and -.IP " 17." 5 -Pet grooming (limited to two pets at a time). -.br -.br -Additional uses may be allowed which meet the intent of this chapter, if -not specifically prohibited by subsection E below. -.RE -.IP " 5." 5 -The following activities shall be prohibited as home occupations: -.RS 5 -.IP " 1." 5 -Repair, building or servicing of vehicles; -.IP " 2." 5 -Antique shop; -.IP " 3." 5 -Gift shop; -.IP " 4." 5 -Veterinary clinic or hospital; -.IP " 5." 5 -Painting of vehicles, trailers or boats; -.IP " 6." 5 -Large appliance repair (including stoves, refrigerators, washers and -dryers); -.IP " 7." 5 -Upholstering; -.IP " 8." 5 -Cabinet and woodworking shops; -.IP " 9." 5 -Machine and sheet metal shops; -.IP " 10." 5 -Martial arts or dance/aerobics studio; -.IP " 11." 5 -Small engine repair and any use which may include hazardous chemicals; -.IP " 12." 5 -Dispensing of medical drugs or other items which may be potentially -hazardous to the surrounding area; -.IP " 13." 5 -Parking and storage of heavy equipment; -.IP " 14." 5 -Storage and/or distribution for use on other properties of building -materials, toxic or flammable materials, fertilizer, and spray painting -or spray finishing operations that involve toxic or flammable materials -which, in the judgement of the Fire Marshal, pose a dangerous risk to -the residence, its occupants, and/or surrounding properties; -.IP " 15." 5 -Retail sales; -.IP " 16." 5 -Mortuaries; -.IP " 17." 5 -Dancing studios, exercise studios; -.IP " 18." 5 -Private clubs; -.IP " 19." 5 -Restaurants; and -.IP " 20." 5 -Medical marijuana sales, production, and collective gardens. -.RE -.IP " 6." 5 -Sales shall be limited to mail order and telephone sales, with off-site -delivery. -No on-site retail sales are permitted. -.IP " 7." 5 -Services to patrons shall be arranged by appointment or provided off -site. -.IP " 8." 5 -The home occupation(s) shall not use electrical or mechanical equipment -that results in: -.RS 5 -.IP " 1." 4 -A change to the fire rating of the structure(s) used for the home -occupation(s); -.IP " 2." 4 -Visual or audible interference in radio or television receivers, or -electronic equipment located off premises; or -.IP " 3." 4 -Fluctuations in line voltage off premises. -.RE -.IP " 9." 5 -There shall be no offensive noise, vibration, smoke, dust, odors, heat, -light or glare noticeable at or beyond the property line resulting from -the operation. -.IP " 10." 5 -The home occupation shall not pave any additional area beyond the normal -paved area of a driveway for the purpose of accommodating additional off -street parking. -.IP " 11." 5 -No business involving the pickup or delivery of good or products will be -conducted between the hours of 7:00 pm and 7:00 am. -.IP " 12." 5 -The home occupation shall not include the remodeling of the exterior of -the dwelling or the accessory structure that changes the residential -character. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf" -A "\c" \ - -- "970(21)" -\& on 6/7/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1503_Applicability_And_Exemptions" -A "\c" \ - -- "Sec 9-1503 Applicability And Exemptions" -\& -.IP " 1." 4 -No person shall carry on a home occupation, or permit such use to occur -on property which that person owns or is in lawful control of, contrary -to the provisions of this chapter. -.IP " 2." 4 -Home occupation regulations shall not apply to: -.RS 4 -.IP " 1." 4 -Conducting of occasional \[dq]host\[dq] parties where goods, such as -cosmetic supplies, are sampled or displayed; -.IP " 2." 4 -Paperwork and similar activities performed by residents, who may have a -primary office elsewhere and when no additional traffic is generated; -.IP " 3." 4 -Services or activities that are not performed at the residence, such as -newspaper delivery, and babysitting; -.IP " 4." 4 -Garage sales, subject to the requirements of the City of Moore; -.IP " 5." 4 -Hobbies that do not result in payment to those engaged in such activity; -and -.RE -.IP " 3." 4 -A maximum of one home occupation may be conducted on a property. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf" -A "\c" \ - -- "970(21)" -\& on 6/7/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1504_Action_Regarding_Complaints_And_Violation_Of_Standards" -A "\c" \ - -- "Sec 9-1504 Action Regarding Complaints And Violation Of Standards" -\& -.IP " 1." 4 -Complaints. -The City of Moore or the public may originate complaints. -Complaints from the public shall clearly state the objection to the home -occupation, such as but not limited to: -.RS 4 -.IP " 1." 4 -Generation of excessive traffic; -.IP " 2." 4 -Exclusive use of on-street parking spaces; or -.IP " 3." 4 -Other offensive activities not compatible with a residential -neighborhood. -.RE -.IP " 2." 4 -Review of Complaints. -The community development director, and/or his/her designee, shall -review written complaints. -The community development director and/or his/her designee shall notify -the operator in writing of the complaints and the operator shall have 10 -days to provide a written response to the complaints. -Within 10 days of the filing of the written response of the operator, -the director shall either approve the use as it exists, order the home -occupation to cease, or compel measures to be taken to ensure -compatibility with the neighborhood and conformance with this chapter -and provide written notice to the operator of the director\[aq]s -decision. -.IP " 3." 4 -Cessation of Home Occupation Pending Review. -If it is determined by the community development director, and/or -his/her designee, in the exercise of reasonable discretion, that the -home occupation is question will affect public health and safety, the -use may be ordered to cease, pending city council review and/or -exhaustion of all appeals. -.IP " 4." 4 -City Council Review. -The City Council shall either approve the use as it exists, compel -suitable restrictions and conditions to ensure compatibility with the -neighborhood, or order the cessation of the Home Occupation. -.IP " 5." 4 -Penalty. -If a personal violates subsection (C) or (D) of this section after the -community development director or City Council has ordered the -occupation to cease, it shall be considered an offence punishable as -provided in section 1-108 and 1-109. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf" -A "\c" \ - -- "970(21)" -\& on 6/7/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_10_OFFENSES_AND_CRIMES" -A "\c" \ - -- "PART 10 OFFENSES AND CRIMES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-1_GENERAL_PROVISIONS" -A "\c" \ - -- "CHAPTER 10-1 GENERAL PROVISIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-2_OFFENSES_AGAINST_PERSONS" -A "\c" \ - -- "CHAPTER 10-2 OFFENSES AGAINST PERSONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-3_OFFENSES_AGAINST_PROPERTY" -A "\c" \ - -- "CHAPTER 10-3 OFFENSES AGAINST PROPERTY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-4_OFFENSES_AGAINST_PUBLIC_PEACE" -A "\c" \ - -- "CHAPTER 10-4 OFFENSES AGAINST PUBLIC PEACE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-5_OFFENSES_AGAINST_THE_PUBLIC" -A "\c" \ - -- "CHAPTER 10-5 OFFENSES AGAINST THE PUBLIC" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-6_OFFENSES_AGAINST_PUBLIC_AUTHORITY" -A "\c" \ - -- "CHAPTER 10-6 OFFENSES AGAINST PUBLIC AUTHORITY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-7_GANG-RELATED_ACTIVITIES" -A "\c" \ - -- "CHAPTER 10-7 GANG-RELATED ACTIVITIES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-8_JUVENILE_OFFENSES" -A "\c" \ - -- "CHAPTER 10-8 JUVENILE OFFENSES" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-1_GENERAL_PROVISIONS" -A "\c" \ - -- "CHAPTER 10-1 GENERAL PROVISIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-101_Attempts_To_Commit_An_Offense" -A "\c" \ - -- "Sec 10-101 Attempts To Commit An Offense" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-102_Aiding_In_An_Offense" -A "\c" \ - -- "Sec 10-102 Aiding In An Offense" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-103_%22Offense%22_Defined" -A "\c" \ - -- "Sec 10-103 \[dq]Offense\[dq] Defined" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-104_%22Violation%22_Defined" -A "\c" \ - -- "Sec 10-104 \[dq]Violation\[dq] Defined" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-105_Penalty_Not_To_Excuse_Offense" -A "\c" \ - -- "Sec 10-105 Penalty Not To Excuse Offense" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-106_Capacity_To_Commit_Offense" -A "\c" \ - -- "Sec 10-106 Capacity To Commit Offense" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-107_Intoxication,_No_Defense" -A "\c" \ - -- "Sec 10-107 Intoxication, No Defense" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-108_Witness,_Self-Incrimination" -A "\c" \ - -- "Sec 10-108 Witness, Self-Incrimination" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-109_Nuisances" -A "\c" \ - -- "Sec 10-109 Nuisances" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-110_Conspiracy" -A "\c" \ - -- "Sec 10-110 Conspiracy" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-111_Limitations_Of_Actions" -A "\c" \ - -- "Sec 10-111 Limitations Of Actions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-112_Lawful_Use_Of_Force" -A "\c" \ - -- "Sec 10-112 Lawful Use Of Force" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-101_Attempts_To_Commit_An_Offense" -A "\c" \ - -- "Sec 10-101 Attempts To Commit An Offense" -\& -.LP -Every person who attempts to commit an offense against the ordinances of -the city, and in such attempt does any act toward the commission of such -offense, but fails or is prevented or intercepted in the perpetration -thereof, is guilty of an offense, and shall be punished in the manner -prescribed for the attempted offense itself. -.PP -(Prior Code, § 16-1; Code 1999, § 10-101) -.PP -\f[B]State Law reference\f[R]\[em] Attempts to commit crimes, 21 O.S. -§ 41 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-102_Aiding_In_An_Offense" -A "\c" \ - -- "Sec 10-102 Aiding In An Offense" -\& -.LP -When no punishment for counseling or aiding in the commission of a -particular offense is expressly prescribed by ordinance, every person -who counsels or aids another in the commission of such is guilty of an -offense, or misdemeanor, and punishable in the same manner as the -principal offender. -.PP -(Prior Code, § 16-2; Code 1999, § 10-102) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-103_%22Offense%22_Defined" -A "\c" \ - -- "Sec 10-103 \[dq]Offense\[dq] Defined" -\& -.LP -The term \[dq]offense,\[dq] whenever used in this Code or in any part, -chapter, article or ordinance of the city, means the unlawful act of -doing, or failing to do, some particular act or thing construed therein -to be detrimental to the general welfare, morals, peace, health or -safety of the inhabitants of the city. -.PP -(Code 1999, § 10-103) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-104_%22Violation%22_Defined" -A "\c" \ - -- "Sec 10-104 \[dq]Violation\[dq] Defined" -\& -.LP -The doing of any of the acts or things prohibited, or failing to do any -of the acts or things commanded to be done, as more fully specified and -set forth by any provision of this Code or any part, chapter or article -hereof, or future ordinances of the city, is hereby declared to be an -offense against the good order, public peace, morals, health, proper -government and welfare of the city and unlawful. -.PP -(Code 1999, § 10-104) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-105_Penalty_Not_To_Excuse_Offense" -A "\c" \ - -- "Sec 10-105 Penalty Not To Excuse Offense" -\& -.LP -The imposition of one penalty for an offense shall not excuse it or -permit it to continue, nor prevent the imposition of further penalties, -should the offenses be continued or permitted to continue. -.PP -(Code 1999, § 10-105) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-106_Capacity_To_Commit_Offense" -A "\c" \ - -- "Sec 10-106 Capacity To Commit Offense" -\& -.LP -All persons are capable of committing an offense as herein provided, -except those belonging to the classes following: -.IP " 1." 4 -Children under the age of seven years; -.IP " 2." 4 -Children over the age of seven years, but under the age of 14 years, in -the absence of proof that at the time of committing the act or neglect -charged against them they knew its wrongfulness; -.IP " 3." 4 -Persons who are impaired by reason of mental retardation upon proof that -at the time of committing the act charged against them they were -incapable of knowing its wrongfulness; -.IP " 4." 4 -Mentally ill persons, and all persons of unsound mind, including persons -temporarily or partially deprived of reason, upon proof that at the time -of committing the act charged against them they were incapable of -knowing its wrongfulness; -.IP " 5." 4 -Persons who committed the act, or made the omission charged, under an -ignorance or mistake of fact which disproves any criminal intent. -But ignorance of the law does not excuse from punishment for its -violation; -.IP " 6." 4 -Persons who committed the act charged without being conscious thereof; -and -.IP " 7." 4 -Persons who committed the act, or made the omission charged, while under -involuntary subjection to the power of superiors. -.LP -(Code 1999, § 10-106) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. -§ 152. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-107_Intoxication,_No_Defense" -A "\c" \ - -- "Sec 10-107 Intoxication, No Defense" -\& -.LP -No act committed by any person while in a state of intoxication, whether -from liquor or drugs, shall be deemed less an offense by reason of his -being in such condition. -.PP -(Code 1999, § 10-107) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. -§ 153. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-108_Witness,_Self-Incrimination" -A "\c" \ - -- "Sec 10-108 Witness, Self-Incrimination" -\& -.LP -No person otherwise competent as a witness shall be incapacitated, -excused or disqualified from testifying concerning the offense mentioned -in any section, division, article, chapter or part of this Code, or any -ordinances hereafter enacted on the ground that his testimony might -incriminate him, but the testimony which may be given by such witness -shall in no case be used against him. -.PP -(Code 1999, § 10-108) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-109_Nuisances" -A "\c" \ - -- "Sec 10-109 Nuisances" -\& -.LP -It is unlawful and an offense for any person to permit, maintain, aid, -abet, or sanction a nuisance on or about any premises owned by him or -under his control at any place within the corporate limits of the city. -.PP -(Code 1999, § 10-109) -.PP -\f[B]State Law reference\f[R]\[em] Nuisances, 21 O.S. -§ 1 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-110_Conspiracy" -A "\c" \ - -- "Sec 10-110 Conspiracy" -\& -.LP -Any two or more persons assembled or who shall assemble with the intent -to mutually agree to do any unlawful act with force or violence and -shall make any movement therefor against the property of the city or the -person or property of another person shall be guilty of an offense. -.PP -(Code 1999, § 10-110) -.PP -\f[B]State Law reference\f[R]\[em] Conspiracy, 21 O.S. -§ 421 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-111_Limitations_Of_Actions" -A "\c" \ - -- "Sec 10-111 Limitations Of Actions" -\& -.LP -The time within which a charge may be filed under the provisions of this -chapter shall be one year from the date of the commission or omission or -in cases involving fraud, deception or deceit, one year from the -discovery of the fraud, deception or deceit, unless otherwise provided -by the statutes of the state. -.PP -(Code 1999, § 10-111) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-112_Lawful_Use_Of_Force" -A "\c" \ - -- "Sec 10-112 Lawful Use Of Force" -\& -.IP " 1." 4 -To use or to attempt to offer to use force upon or toward the person of -another is not unlawful in the city in the following cases: -.RS 4 -.IP " 1." 4 -When necessarily committed by a public officer in the performance of any -legal duty, or by any other person assisting him or acting by his -direction; -.IP " 2." 4 -When necessarily committed by any person in arresting one who has -committed any felony, and delivering him to a public officer competent -to receive him in custody; -.IP " 3." 4 -When committed either by the party about to be injured, or by any other -person in his aid or defense, in preventing or attempting to prevent an -offense against his person, or any trespass or other unlawful -interference with real or personal property in his lawful possession, -provided the force used is not more than sufficient to prevent such -offense, and that the same shall be necessary for the self-defense of -his person or property; -.IP " 4." 4 -When committed by a parent or authorized agent of any parent, or by any -guardian, master or teacher, in the exercise of a lawful authority to -restrain or correct his child, ward, apprentice or scholar, provided -restraint or correction has been rendered necessary by the misconduct of -such child, ward, apprentice or scholar, or by his refusal to obey the -lawful command of such parent or authorized agent or guardian, master or -teacher, and the force used is reasonable in manner and moderate in -degree; -.IP " 5." 4 -When committed by a carrier of passengers, or the authorized agents or -servants of such carrier, or by any person assisting them at their -request, in expelling from any carriage, interurban car, vessel or other -vehicle, any passenger who refuses to obey a lawful and reasonable -regulation prescribed for the conduct of passengers, if such vehicle has -first been stopped and the force used is not more than is sufficient to -expel the offending passenger, with a reasonable regard to his personal -safety; -.IP " 6." 4 -When committed by any person in preventing an idiot, lunatic, insane -person or other person of unsound mind, including persons temporarily or -partially deprived of reason, from committing an act dangerous to -himself or to another, or enforcing such restraint as is necessary for -the protection of his person or for his restoration to health, during -such period only as shall be necessary to obtain legal authority for the -restraint or custody of such person; -.IP " 7." 4 -In preventing or interrupting an intrusion upon the lawful possession of -property; and -.IP " 8." 4 -To preserve the peace or prevent the commission of an offense. -.RE -.IP " 2." 4 -Where force is permitted to effect a lawful purpose only that degree of -force necessary to effect such purpose shall be used. -.LP -(Code 1999, § 10-112) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. -§ 643. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-2_OFFENSES_AGAINST_PERSONS" -A "\c" \ - -- "CHAPTER 10-2 OFFENSES AGAINST PERSONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-201_Assault_And_Battery" -A "\c" \ - -- "Sec 10-201 Assault And Battery" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-202_%22Assault%22_Defined" -A "\c" \ - -- "Sec 10-202 \[dq]Assault\[dq] Defined" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-203_%22Battery%22_Defined" -A "\c" \ - -- "Sec 10-203 \[dq]Battery\[dq] Defined" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-204_Reckless_Conduct" -A "\c" \ - -- "Sec 10-204 Reckless Conduct" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-201_Assault_And_Battery" -A "\c" \ - -- "Sec 10-201 Assault And Battery" -\& -.LP -No person shall commit an assault or battery, or both, upon the person -of another. -.PP -(Prior Code, § 16-76; Code 1999, § 10-201) -.PP -\f[B]State Law reference\f[R]\[em] Assault and battery generally, 21 -O.S. -§ 641 et seq.; city\[aq]s power to prevent, 11 O.S. -§ 22-110. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-202_%22Assault%22_Defined" -A "\c" \ - -- "Sec 10-202 \[dq]Assault\[dq] Defined" -\& -.LP -An assault is any willful and unlawful attempt or offer with force or -violence to do corporal hurt to another. -.PP -(Prior Code, § 16-76; Code 1999, § 10-202) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. -§ 641. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-203_%22Battery%22_Defined" -A "\c" \ - -- "Sec 10-203 \[dq]Battery\[dq] Defined" -\& -.LP -A battery is any willful and unlawful use of force or violence upon the -person of another. -.PP -(Prior Code, § 16-76; Code 1999, § 10-203) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. -§ 642. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-204_Reckless_Conduct" -A "\c" \ - -- "Sec 10-204 Reckless Conduct" -\& -.IP " 1." 4 -Reckless conduct, as used in this section, consists of an act which -creates a situation of unreasonable risk and probability of death or -great bodily harm to another and which demonstrates a conscious -disregard for the safety of another. -.IP " 2." 4 -It is unlawful for any person to endanger another\[aq]s safety by -reckless conduct in the operation or handling of any weapon or -instrument, including a pistol, revolver or other firearm. -.LP -(Prior Code, § 16-77; Code 1999, § 10-204) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. -§ 1289.11. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-3_OFFENSES_AGAINST_PROPERTY" -A "\c" \ - -- "CHAPTER 10-3 OFFENSES AGAINST PROPERTY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-301_Petit_Larceny,_And_Larceny_Of_Lost_Property" -A "\c" \ - -- "Sec 10-301 Petit Larceny, And Larceny Of Lost Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-302_Larceny_By_False_Pretense" -A "\c" \ - -- "Sec 10-302 Larceny By False Pretense" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-303_Altering_Keys" -A "\c" \ - -- "Sec 10-303 Altering Keys" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-304_Possession_Of_Stolen_Property" -A "\c" \ - -- "Sec 10-304 Possession Of Stolen Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-305_Defrauding_Public_Accommodations;_Proof;_Exception" -A "\c" \ - -- "Sec 10-305 Defrauding Public Accommodations; Proof; Exception" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-306_Concealing_Unpurchased_Merchandise,_Merchant's_Authority_To_Detain" -A "\c" \ - -- "Sec 10-306 Concealing Unpurchased Merchandise, Merchant\[aq]s Authority To Detain" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-307_Failure_To_Pay_Fare_For_Public_Conveyance" -A "\c" \ - -- "Sec 10-307 Failure To Pay Fare For Public Conveyance" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-308_False_Or_Bogus_Checks" -A "\c" \ - -- "Sec 10-308 False Or Bogus Checks" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-309_Harmful_Deception" -A "\c" \ - -- "Sec 10-309 Harmful Deception" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-310_Defacing_Building,_Damaging_Property" -A "\c" \ - -- "Sec 10-310 Defacing Building, Damaging Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-311_Removing_Or_Breaking_Private_Property" -A "\c" \ - -- "Sec 10-311 Removing Or Breaking Private Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-312_Damaging_Private_Property" -A "\c" \ - -- "Sec 10-312 Damaging Private Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-313_Public_Works_Under_Construction" -A "\c" \ - -- "Sec 10-313 Public Works Under Construction" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-314_Damaging_Or_Tampering_With_Motor_Vehicle" -A "\c" \ - -- "Sec 10-314 Damaging Or Tampering With Motor Vehicle" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-315_Tampering_With_Or_Damaging_Of_Utilities" -A "\c" \ - -- "Sec 10-315 Tampering With Or Damaging Of Utilities" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-316_Destroying_Trees_And_Shrubbery" -A "\c" \ - -- "Sec 10-316 Destroying Trees And Shrubbery" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-317_Trespassing_Prohibited,_Notice,_Soliciting" -A "\c" \ - -- "Sec 10-317 Trespassing Prohibited, Notice, Soliciting" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-318_Congregating,_Parking_On-Premises_After_Hours" -A "\c" \ - -- "Sec 10-318 Congregating, Parking On-Premises After Hours" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-319_Unlawful_Intrusion_On_Land" -A "\c" \ - -- "Sec 10-319 Unlawful Intrusion On Land" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-320_Throwing_Or_Shooting_At_Persons_Or_Property" -A "\c" \ - -- "Sec 10-320 Throwing Or Shooting At Persons Or Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-321_Throwing_Out_Lighted_Substances_Or_Debris_Prohibited" -A "\c" \ - -- "Sec 10-321 Throwing Out Lighted Substances Or Debris Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-322_Littering,_Deposits_Unlawful" -A "\c" \ - -- "Sec 10-322 Littering, Deposits Unlawful" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-323_Posting_Advertising,_Other_Matter_On_Building_Of_Another" -A "\c" \ - -- "Sec 10-323 Posting Advertising, Other Matter On Building Of Another" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-324_Posting_Advertising,_Other_Matter_On_Utility_Poles_Or_On_Or_Over_Streets_And_Sidewalks" -A "\c" \ - -- "Sec 10-324 Posting Advertising, Other Matter On Utility Poles Or On Or Over Streets And Sidewalks" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-325_False_Weights" -A "\c" \ - -- "Sec 10-325 False Weights" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-326_Electric_Fences_Prohibited" -A "\c" \ - -- "Sec 10-326 Electric Fences Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-327_Unlawful_Use_Of_Another's_Garbage_Or_Refuse_Container" -A "\c" \ - -- "Sec 10-327 Unlawful Use Of Another\[aq]s Garbage Or Refuse Container" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-328_Fireworks_Prohibited;_Exceptions" -A "\c" \ - -- "Sec 10-328 Fireworks Prohibited; Exceptions" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-301_Petit_Larceny,_And_Larceny_Of_Lost_Property" -A "\c" \ - -- "Sec 10-301 Petit Larceny, And Larceny Of Lost Property" -\& -.IP " 1." 4 -No person shall steal, take and carry away by fraud or stealth, with -intent to deprive another thereof, any personal property under the value -of $1,000.00 or such other amount constituting a misdemeanor under -statute or embezzle any money, personal property or effects of another -under the value of $1,000.00 or less or such other amount constituting a -misdemeanor under statute. -This subsection does not apply to taking property from the person of -another. -.IP " 2." 4 -One who finds lost property of the value of $1,000.00 or less or such -other amount constituting a misdemeanor under statute, under -circumstances which gives him knowledge or means of inquiry as to the -true owner, and who appropriates such property to his own use, or to the -use of another person who is not entitled thereto, without having first -made such effort as the circumstances render reasonable and just to find -the owner and restore the property to him, is guilty of a petit larceny. -.LP -(Prior Code, §§ 16-91, 16-93; Code 1999, § 10-301) -.PP -\f[B]State Law reference\f[R]\[em] Larceny, 21 O.S. -§ 1701 et seq.; embezzlement, 21 O.S. -§ 1451 et seq. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324940_Ordinance%20No.%20778%20(14).pdf" -A "\c" \ - -- "778(14)" -\& on 7/7/2014 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-302_Larceny_By_False_Pretense" -A "\c" \ - -- "Sec 10-302 Larceny By False Pretense" -\& -.LP -No person shall induce, or attempt to induce, any person to give up or -pay over any money or other thing of value which money or value does not -exceed $1,000.00 or less or such other amount constituting a misdemeanor -under statute, by any false representation or pretense, or in exchange -for any false or bogus coin or check, draft or other false evidence of -value, or in consideration of refraining from a lawful or unlawful -arrest or in consideration of refraining from reporting any unlawful act -to any public official. -.PP -(Prior Code, §§ 16-105, 16-107, in part; Code 1999, § 10-302) -.PP -\f[B]State Law reference\f[R]\[em] False pretenses, 21 O.S. -§ 1541.1 et seq. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325523_Ordinance%20No.%20791%20(15).pdf" -A "\c" \ - -- "791(15)" -\& on 6/1/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-303_Altering_Keys" -A "\c" \ - -- "Sec 10-303 Altering Keys" -\& -.LP -No person shall make or alter or attempt to make or alter any key or -other instrument that will open the lock of a building unless requested -to do so by some person having the right and authority to make such -request. -.PP -(Code 1999, § 10-303) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-304_Possession_Of_Stolen_Property" -A "\c" \ - -- "Sec 10-304 Possession Of Stolen Property" -\& -.LP -No person shall keep in his possession, or dispose of, or conceal any -stolen property, or fail promptly to inform some proper official of the -possession thereof, under circumstances indicating that such property -had been stolen or the possession thereof obtained unlawfully. -This section applies only if the property has a value of less than -$1,000.00 or such greater amount constituting a misdemeanor under state -law. -.PP -(Prior Code, § 16-97; Code 1999, § 10-304) -.PP -\f[B]State Law reference\f[R]\[em] Receiving stolen property, 21 O.S. -§ 1713. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-305_Defrauding_Public_Accommodations;_Proof;_Exception" -A "\c" \ - -- "Sec 10-305 Defrauding Public Accommodations; Proof; Exception" -\& -.IP " 1." 4 -No person shall obtain food, lodging or other accommodation in any -hotel, motel, inn, boardinghouse, eatinghouse or roominghouse or place, -or any other lodging place, with the intent to defraud the owner or -keeper. -.IP " 2." 4 -Proof that lodging, food and other accommodations were obtained by false -pretense or fictitious show of any package or other property or that the -person gave a check or negotiable paper on which payment was refused or -that the person left the hotel, motel, inn, boardinghouse, eatinghouse -or roominghouse or place, or other lodging place, without paying or -offering to pay for the food, lodging or other accommodation or that the -person surreptitiously removed or attempted to remove the package or -property, or that the person registered under a fictitious name shall be -prima facie proof of attempt to defraud. -.IP " 3." 4 -No person shall refuse to pay the legal fare of any of the vehicles -mentioned in this section after having hired the same, and no person -shall hire any vehicle with intent to defraud the person from whom it is -hired of the value of such service. -.IP " 4." 4 -This section shall not apply where there has been an agreement in -writing for delay in payment. -This section applies only if the property does not exceed a value of -less than $1,000.00 or such greater amount constituting a misdemeanor -under state law. -.LP -(Prior Code, § 16-105; Code 1999, § 10-305) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. -§ 1503. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-306_Concealing_Unpurchased_Merchandise,_Merchant's_Authority_To_Detain" -A "\c" \ - -- "Sec 10-306 Concealing Unpurchased Merchandise, Merchant\[aq]s Authority To Detain" -\& -.LP -Any person concealing unpurchased merchandise of any establishment, -either on the premises or outside the premises of the establishment, -shall be presumed to have so concealed the merchandise with the -intention of committing a wrongful taking of such merchandise. -Such concealment or the finding of such unpurchased merchandise -concealed upon the person or among the belongings of such person shall -be conclusive evidence of reasonable grounds and probable cause for the -detention in a reasonable manner and for a reasonable length of time of -such person by a merchant, his agent or employee; any such reasonable -detention shall not be deemed to be unlawful nor render any such -merchant, his agent or employee, criminally or civilly liable. -.PP -(Prior Code, § 16-96; Code 1999, § 10-306) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-307_Failure_To_Pay_Fare_For_Public_Conveyance" -A "\c" \ - -- "Sec 10-307 Failure To Pay Fare For Public Conveyance" -\& -.LP -No person shall use or accept the use and services of any street car, -taxi cab, omnibus, automobile or any other means of public conveyance or -passengers, operating under the Code, ordinance, franchise, permit or -license of the city or state, and refuse or fail to pay to the operator -of the conveyance the usual, customary, regulation or legal charge, or -price as fare immediately upon the performance of the service. -.PP -(Code 1999, § 10-307; Ord. -No. -518, 4-2-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-308_False_Or_Bogus_Checks" -A "\c" \ - -- "Sec 10-308 False Or Bogus Checks" -\& -.LP -It is unlawful for any person, with intent to cheat and defraud, to -obtain or attempt to obtain from any person any money, property or -valuable thing of a value less than $1,000.00 or such greater amount -constituting a misdemeanor under state law by means of any false or -bogus check or by any other written or printed or engraved instrument or -spurious coin. -The term \[dq]false or bogus check\[dq] shall include checks or orders -given for money or property which are not honored on account of -insufficient funds of the maker to pay same, as against the maker or -drawer thereof. -The making, drawing, issuing or delivering of a check, draft or order, -payment of which is refused by the drawee, shall be prima facie evidence -of intent to defraud and the knowledge of insufficient funds in or -credit with such bank or other depository. -Such maker or drawer shall not have paid the drawee the amount due -thereon, together with the protest fees, and the check or order shall be -presented for payment within 30 days after same is delivered and -accepted. -.PP -(Prior Code, §§ 16-92, 16-106, in part; Code 1999, § 10-308; Ord. -No. -683(10), 11-15-2010) -.PP -\f[B]State Law reference\f[R]\[em] Bad checks, 21 O.S. -§ 1541.1 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-309_Harmful_Deception" -A "\c" \ - -- "Sec 10-309 Harmful Deception" -\& -.LP -It is unlawful for any person knowingly to deceive another, whether by -impersonation, misrepresentation, or otherwise, when such deception -results in or contributes to the loss, damage, harm or injury of the -person deceived or of a third party, or results in or contributes to the -benefit of the deceiver. -.PP -(Prior Code, § 16-33; Code 1999, § 10-309) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-310_Defacing_Building,_Damaging_Property" -A "\c" \ - -- "Sec 10-310 Defacing Building, Damaging Property" -\& -.IP " 1." 4 -No person shall purposely deface or damage any public or private -building or appurtenances thereof, or any fence, street, bridge, -sidewalk, driveway, street, or public work. -.IP " 2." 4 -No person shall: -.RS 4 -.IP " 1." 4 -Destroy, injure, deface, damage or molest any structure, building, work -or other property, real or personal, belonging to another; -.IP " 2." 4 -Use such property wrongfully to the detriment of the owner or other -person entitled to its use; or -.IP " 3." 4 -Interfere wrongfully with the use of any such property by its owner or -any other person entitled to its use. -.RE -.IP " 3." 4 -This section applies only if the loss is less than $1,000.00 or such -greater amount constituting a misdemeanor under state law. -.LP -(Prior Code, § 16-99; Code 1999, § 10-310) -.PP -\f[B]State Law reference\f[R]\[em] Destroying property generally, 21 -O.S. -§ 1760. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-311_Removing_Or_Breaking_Private_Property" -A "\c" \ - -- "Sec 10-311 Removing Or Breaking Private Property" -\& -.LP -No person shall willfully, unlawfully or maliciously take and carry or -cause to be taken and carried away any part of a house, barn, fence, -gate or other structure, or maliciously break, tear down or destroy any -part of a house, barn or other structure not his own. -This section applies only if the loss is less than $1,000.00 or such -greater amount constituting a misdemeanor under state law. -.PP -(Code 1999, § 10-311) -.PP -\f[B]State Law reference\f[R]\[em] Destroying property generally, 21 -O.S. -§ 1760. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-312_Damaging_Private_Property" -A "\c" \ - -- "Sec 10-312 Damaging Private Property" -\& -.LP -No person shall willfully and wantonly damage or destroy the personal -property of another. -This section applies only if the loss is less than $1,000.00 or such -greater amount constituting a misdemeanor under state law. -.PP -(Code 1999, § 10-312) -.PP -\f[B]State Law reference\f[R]\[em] Destroying property generally, 21 -O.S. -§ 1760. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-313_Public_Works_Under_Construction" -A "\c" \ - -- "Sec 10-313 Public Works Under Construction" -\& -.IP " 1." 4 -Any person who removes, destroys, disturbs, or in any manner injures any -grade stake, stone or other mark or monument set by or under authority -of the city to designate or mark grades, lines, corners or bench marks -on any public work in the city prior to the completion and acceptance of -the contract for which such stakes or monuments are set, without lawful -authority, is guilty of an offense. -.IP " 2." 4 -Any contractor or other person constructing any public work in the city -shall protect such work by barriers or obstructions. -It is unlawful for any person to cross the barriers or to remove them -until the work has been completed and opened by authority of the city. -.LP -(Code 1999, § 10-313) -.PP -\f[B]State Law reference\f[R]\[em] Destroying property generally, 21 -O.S. -§ 1760. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-314_Damaging_Or_Tampering_With_Motor_Vehicle" -A "\c" \ - -- "Sec 10-314 Damaging Or Tampering With Motor Vehicle" -\& -.IP " 1." 4 -No person, other than a peace officer in the performance of his official -duties, shall, with intent and without right to do so, injure or tamper -with any vehicle or in any other manner damage any part or portion of -the vehicle or any accessories, appurtenances or attachments thereto. -This subsection applies only if the loss is less than $1,000.00 or such -greater amount constituting a misdemeanor under state law. -.IP " 2." 4 -No person, other than a peace officer in the performance of his official -duties, shall, without right to do so and with intent to commit a crime, -climb into or upon a vehicle, whether it is in motion or at rest, -attempt to manipulate any of the levers, starting mechanism, brakes or -other mechanism or device of the vehicle while the vehicle is at rest -and unattended, or set in motion any vehicle while the vehicle is at -rest and unattended. -.LP -(Prior Code, § 16-98; Code 1999, § 10-314) -.PP -\f[B]State Law reference\f[R]\[em] Damaging motor vehicles, 21 O.S. -§§ 1787, 1788. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-315_Tampering_With_Or_Damaging_Of_Utilities" -A "\c" \ - -- "Sec 10-315 Tampering With Or Damaging Of Utilities" -\& -.IP " 1." 4 -No person shall alter, remove, tamper with, molest, damage or injure any -wires, cable, appurtenance, structure, pipes or equipment of any utility -of the city, or any public utility, or connect or tamper with the wires, -cables or pipes of any electric, water, sewer, cable television or gas -utility or of the city without consent of the utility or city having -been first obtained. -This subsection applies only if the loss is less than $1,000.00 or such -greater amount constituting a misdemeanor under state law. -.IP " 2." 4 -It is unlawful to open up any manhole or opening to a sewer unless -authorized by the city, or to leave a manhole or other opening so opened -without replacing the fixture or appliances thereto in their proper -place and position. -.IP " 3." 4 -No person except a member of the fire department or a person acting on -lawful order or permit issued by the city shall open or use water from -any fire hydrant or take off the caps or damage the same. -No person may block the approach or access to a fire hydrant or attach, -fasten, stand or brace anything against or on the hydrant. -.IP " 4." 4 -No person shall in any manner whatsoever: -.RS 4 -.IP " 1." 4 -Cut into, attach to or intercept the wires, cables or pipes of any -electric, water, cable television or gas utility or of the city for the -purpose of fraudulently taking therefrom electric current, water, -transmissions or gas; -.IP " 2." 4 -Cut into, attach to or intercept the wires, cables or pipes for the -purpose of conducting around any meter electric current, water or gas in -order to prevent the current, water or gas from being measured by the -meter, or in such other manner so as to consume or use the utility or -cable service so as to evade payment therefor, with the unlawful intent -to defraud the company or city out of the value of the service; or -.IP " 3." 4 -By any device or manipulation whatsoever to cause current, -transmissions, water or gas used upon any premises to be fraudulently -conveyed upon any premises for the purposes of use thereof, and with the -intent to defraud and cheat the utility or city from payment thereof. -.RE -.IP " 5." 4 -Each day that any person maintains any such fraudulent connection with -any wires, cables or pipes, or fraudulently takes from any such wires, -cables or pipes either electric current, transmissions, water or gas -shall constitute a separate offense. -.LP -(Prior Code, § 16-102; Code 1999, § 10-315) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-316_Destroying_Trees_And_Shrubbery" -A "\c" \ - -- "Sec 10-316 Destroying Trees And Shrubbery" -\& -.IP " 1." 4 -No person shall willfully, maliciously and without lawful authority cut -down, root up, sever, injure or destroy any fruit tree, shade or -ornamental tree, cultivated root or plant, grape or strawberry vine, -shrub or plant whatever standing on or attached to the land of another, -or pick, destroy, carry away therefrom, or in any way interfere -therewith, any of the fruit thereof. -.IP " 2." 4 -No person shall willfully or without lawful authority cut down, destroy, -root up or in any manner injure any fruit, shade or ornamental tree, -shrub or vine planted or growing on any street, land, avenue, alley or -other public ground of the city. -.IP " 3." 4 -This section applies only if the loss is less than $1,000.00 or such -greater amount constituting a misdemeanor under state law. -.LP -(Code 1999, § 10-316) -.PP -\f[B]State Law reference\f[R]\[em] Destroying property generally, 21 -O.S. -§ 1760. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-317_Trespassing_Prohibited,_Notice,_Soliciting" -A "\c" \ - -- "Sec 10-317 Trespassing Prohibited, Notice, Soliciting" -\& -.IP " 1." 4 -It is unlawful and an offense for any person to commit a trespass within -the city upon either public or private property. -.IP " 2." 4 -Trespass shall include each and every actual entry upon the premises of -an owner or other person in lawful possession of the premises without -the express consent of the owner or other person in lawful possession. -Trespass shall also mean remaining upon the premises of an owner or -other person in lawful possession after having been told to leave the -premises by the owner, or the agent, or employee of the owner or other -person in lawful possession of the premises. -Trespass shall also mean the act of entering upon or remaining on -private property when such is plainly forbidden by signs, markings, or -otherwise, by verbal command of the owner, his agent, or employee, of -after having been directed to do so by a police officer, although this -sentence shall not apply to persons, including employees, whose presence -upon the premises is authorized by the owner or by a person in lawful -possession of such premises. -Trespass shall also include the act of returning to private property -after having been directed to vacate the premises by the owner, his -agent, employee or police officer under the terms of this section. -.IP " 3." 4 -Any of the following acts by any person shall be deemed a violation of -this section: -.RS 4 -.IP " 1." 5 -The doing of an injury or misfeasance to the person of another; -.IP " 2." 5 -The doing of any injury or misfeasance to the property of another when -done with force and violence, either actual or implied; -.IP " 3." 5 -Each and every actual entry upon the premises of another owner or person -in possession of real property, whether the property is public or -private, without the owner\[aq]s or occupant\[aq]s consent, express or -implied; -.IP " 4." 5 -An entry upon the premises, or any part thereof, of another in violation -of a notice exhibited thereon prohibiting entry at specified times; -.IP " 5." 5 -An entry upon the premises, or any part thereof, of another in violation -of any notice, warning or protest given orally or in writing by any -owner or other lawful occupant thereof; -.IP " 6." 5 -An entry upon any public property, including parks or parking areas, in -violation of a notice exhibited there prohibiting entry at specified -times; -.IP " 7." 5 -An entry upon any public property in violation of any notice, warning or -protest given orally or in writing by a city official; -.IP " 8." 5 -If on the property of another, or upon public property lawfully, a -failure or refusal to depart in case of being requested to so depart -orally or written, by any owner, lawful occupant, or by a city official; -.IP " 9." 5 -An entry upon any portion of a public park, where the entry involves the -use of any vehicle, equipment or device where such use is specifically -prohibited; -.IP " 10." 5 -An entry of any public building except for the purpose of dispatching -business with the public corporation or consent is obtained from the -city council or other public official which is lawfully authorized to -give consent; or -.IP " 11." 5 -Remaining on public or private property at any time other than during -posted hours of business operation after having been directed to vacate -such premises by a police officer. -The provisions of this subsection shall not apply to persons, including -employees, whose presence upon such premises is authorized by the owner -or by a person in lawful possession of such premises; nor shall the -provisions of this subsection apply unless hours of business operation -are posted upon such premises. -Trespass also includes the act of returning to private property before -the posted time of opening for business operation on the next business -day after having been directed to vacate such premises under the terms -of this subsection. -.RE -.IP " 4." 4 -For purposes of constituting a violation of this section, the exhibited -notice required under subsections (C)(4) through (7) of this section -shall meet the following criteria: -.RS 4 -.IP " 1." 4 -The notice shall be plainly posted in a place conspicuous to those who -would enter the property; -.IP " 2." 4 -The notice shall be legible so as to afford reasonable warning prior to -the commission of a trespass; and -.IP " 3." 4 -If upon property to which the public is invited at least some part of -the day, the notice shall clearly specify the days and times of day -entry is prohibited, and further specify that entry at such times -constitutes a punishable offense under this Code. -.RE -.LP -(Code 1999, § 10-317; Ord. -No. -501, 12-18-1989, in part) -.PP -\f[B]State Law reference\f[R]\[em] Trespass, 21 O.S. -§ 1835 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-318_Congregating,_Parking_On-Premises_After_Hours" -A "\c" \ - -- "Sec 10-318 Congregating, Parking On-Premises After Hours" -\& -.IP " 1." 4 -No person shall stand, walk, sit, lie, congregate or otherwise occupy or -remain upon the premises of any place or business within the city after -business hours without consent of the lawful owner, occupant, lessee or -employee thereof. -.IP " 2." 4 -No person shall stop, stand, park, leave, or place any motor vehicle, -whether occupied or not, upon any public or private property without the -consent of the owner, occupant, lessee or employee thereof, except where -such property is provided for public parking and the use for such -parking is not restricted by proper notice. -In addition to fine or other punishment for a violation of this -subsection, the vehicle so parked, left or placed shall be subject to -impoundment upon complaint of the property owner or lawful occupant. -The person violating this subsection shall be wholly responsible for -payment of towage and storage charges. -.IP " 3." 4 -No person may be charged under this section unless the premises in -question is posted with a conspicuous sign which states, substantially, -that the premises are posted, and that any person congregating, -occupying or remaining upon the premises or parking or leaving a motor -vehicle thereon is subject to prosecution pursuant to this Code. -.IP " 4." 4 -When used in this section, the term \[dq]after business hours\[dq] shall -mean that the doors of the business which are open to the public during -business hours are closed and locked and that the business is no longer -admitting customers. -The term \[dq]after business hours\[dq] applies to places of business -which are vacant or permanently or temporarily closed or otherwise -unoccupied. -The term \[dq]place of business\[dq] means any private property upon -which a building, house or other structure is used for commercial or -public purposes (e.g., without limitation, restaurants, gas stations, -shopping malls or centers, theaters, convenience stores, grocery stores, -drug stores or pharmacies, recreational facilities, wholesale or retail -sales activities, offices, banks or other financial institutions, -manufacturing, and professional services (medical, legal, accounting, -insurance, consulting)). -.IP " 5." 4 -There is a rebuttable presumption that any person or motor vehicle upon -the premises of a place of business that is properly posted pursuant to -this section after such time as the front door or other such door that -admits members of the public is closed and locked is on the premises of -such business unlawfully under this section; however, this presumption -shall not be applied within 30 minutes of any opening or closing times -posted by such place of business. -This presumption may only be rebutted by proof beyond a reasonable doubt -that any person held by the municipal judge to be subject to this -rebuttable presumption was on the premises in question with permission -of the lawful owner, occupant, lessee or employee thereof. -.IP " 6." 4 -If a motor vehicle is alleged to be unlawfully parked or left under this -section, it shall be rebuttably presumed that the person in whose name -the motor vehicle was last registered was the person who parked or left -the motor vehicle. -.IP " 7." 4 -The parking or leaving of a motor vehicle as set forth herein shall -constitute the offense of unlawful parking or leaving a motor vehicle -after business hours, punishable as provided in section 1-108. -.IP " 8." 4 -If a person violates subsection (A) of this section, it shall constitute -the offense of unlawful presence on property after business hours or -congregating after business hours and is punishable as provided in -section 1-108. -.IP " 9." 4 -The provisions of this section are cumulative of other applicable -offenses enacted in this Code or state law. -.LP -(Code 1999, § 10-318; Ord. -No. -456, 8-1-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-319_Unlawful_Intrusion_On_Land" -A "\c" \ - -- "Sec 10-319 Unlawful Intrusion On Land" -\& -.IP " 1." 4 -No person shall intrude or remain upon any lot or piece of land, or in -any building within the city without license or authority from the owner -thereof, or erect or occupy thereon any structure whatever without such -license or authority. -.IP " 2." 4 -No person shall place, erect or occupy within the bounds of any street, -alley or avenue of the city any structure whatever unless such person is -granted a license by the city to do so. -.LP -(Code 1999, § 10-319) -.PP -\f[B]State Law reference\f[R]\[em] Trespass, 21 O.S. -§ 1835 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-320_Throwing_Or_Shooting_At_Persons_Or_Property" -A "\c" \ - -- "Sec 10-320 Throwing Or Shooting At Persons Or Property" -\& -.LP -No person shall throw or shoot any object into or across any street or -alley, or in any place where he is likely to hit another person -wrongfully, or injure property, or to throw any object at any person, -vehicle, structure, or property of another, whether public or private, -except where such is done in defense of oneself or another person or -property. -.PP -(Prior Code, § 16-101; Code 1999, § 10-320) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-321_Throwing_Out_Lighted_Substances_Or_Debris_Prohibited" -A "\c" \ - -- "Sec 10-321 Throwing Out Lighted Substances Or Debris Prohibited" -\& -.LP -No person shall throw, drop, deposit or otherwise place in, upon or -within the limits of any street, avenue, public ground, public waterway -or city-owned property or waterway any lighted cigarette, cigar or other -flaming or glowing substances, or any substance or thing which may cause -a fire. -.PP -(Code 1999, § 10-321) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-322_Littering,_Deposits_Unlawful" -A "\c" \ - -- "Sec 10-322 Littering, Deposits Unlawful" -\& -.LP -It is unlawful to throw, deposit or discharge any item or waste -material, liquid or solid, on any street or public place in the city or -upon the property of another without express authority to do so. -.PP -(Code 1999, § 10-322) -.PP -\f[B]State Law reference\f[R]\[em] Littering, 21 O.S. -§ 1753.3 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-323_Posting_Advertising,_Other_Matter_On_Building_Of_Another" -A "\c" \ - -- "Sec 10-323 Posting Advertising, Other Matter On Building Of Another" -\& -.IP " 1." 4 -No person shall place upon any building any advertising or other matter -of any kind, nor print or exhibit printing on a building or any part -thereof, in words, signs or characters, except with the express consent -of the owner, lessee or authorized agent of the owner of the building. -.IP " 2." 4 -No person shall place, post, paint, mark, write, print or put any sign, -poster, picture, announcement, writing, device, advertisement or other -marking upon any public or private building, fence, sidewalk, bridge, -post, automobile or vehicle or property of another without the consent -of the owner or person in charge thereof. -.LP -(Prior Code, § 16-100; Code 1999, § 10-323) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-324_Posting_Advertising,_Other_Matter_On_Utility_Poles_Or_On_Or_Over_Streets_And_Sidewalks" -A "\c" \ - -- "Sec 10-324 Posting Advertising, Other Matter On Utility Poles Or On Or Over Streets And Sidewalks" -\& -.LP -It is unlawful for any person to place any advertising or other matter -of any kind on any utility pole, or to place any advertising on the -streets or sidewalks of the city or to place any advertising on any -signs or banners stretched over the streets or sidewalks of the city. -Nothing herein shall be construed to prevent any permanently located -commercial or business establishment in the city from erecting and -maintaining business or commercial signs in accordance with the -ordinances of the city, nor to prohibit the granting of permission by -the city to religious, charitable, patriotic or civic bodies to use -banners across the streets of the city in such places as may be -designated by the city manager for the observance of holidays, -charitable drives and the commemoration and celebration of other public -or civic occasions. -.PP -(Code 1999, § 10-324) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-325_False_Weights" -A "\c" \ - -- "Sec 10-325 False Weights" -\& -.LP -It is unlawful for any person to sell any commodity or article of -merchandise and in the sale thereof knowingly make or give a false or -short weight therefor or for any person owning or keeping or having in -charge any scale used in weighing any animal, commodity or article to -knowingly and willfully report any false or untrue weight whereby -another person shall be defrauded or damaged. -.PP -(Prior Code, § 16-108; Code 1999, § 10-326) -.PP -\f[B]State Law reference\f[R]\[em] False weights and measures, 21 O.S. -§ 1551 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-326_Electric_Fences_Prohibited" -A "\c" \ - -- "Sec 10-326 Electric Fences Prohibited" -\& -.LP -It is unlawful for any person to erect, install or maintain any -electrically charged fence within the city, except that the building -official may issue a permit for an electrically-charged fence to retain -animals upon proof that the fence will not be hazardous to life, and -upon proof that the electric charge is regulated by a controlling -device. -.PP -(Code 1999, § 10-327; Ord. -No. -520, 5-21-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-327_Unlawful_Use_Of_Another's_Garbage_Or_Refuse_Container" -A "\c" \ - -- "Sec 10-327 Unlawful Use Of Another\[aq]s Garbage Or Refuse Container" -\& -.LP -It is unlawful and an offense for any person to dispose of garbage, -refuse, rubbish or waste into any refuse container, dumpster or other -receptacle for the deposit of same belonging to or leased by another, -whether by rental agreement, lease or agreement with the city or a -public or private trash, garbage or refuse hauling service, without the -permission of the owner, lessee or other person entitled to the -possession or use thereof. -.PP -(Code 1999, § 10-328; Ord. -No. -458, 8-1-1988) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-328_Fireworks_Prohibited;_Exceptions" -A "\c" \ - -- "Sec 10-328 Fireworks Prohibited; Exceptions" -\& -.IP " 1." 4 -For the purpose of this section, the term \[dq]fireworks\[dq] shall have -the same meaning as in state law, 68 O.S. -§ 1621 et seq. -.IP " 2." 4 -It is unlawful for any person to manufacture, display, possess, use or -sell fireworks within the city except as provided in this section. -.IP " 3." 4 -Pyrotechnic or fireworks displays may be authorized in accordance with -the city fire code when under proper control and the time, place and -manner of the display is permitted by the city. -.LP -(Prior Code, §§ 9-96, 9-97; Code 1999, § 10-329) -.PP -\f[B]State Law reference\f[R]\[em] Local regulation of fireworks, 11 -O.S. -§ 22-110. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-4_OFFENSES_AGAINST_PUBLIC_PEACE" -A "\c" \ - -- "CHAPTER 10-4 OFFENSES AGAINST PUBLIC PEACE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4A_GENERAL_PROVISIONS" -A "\c" \ - -- "ARTICLE 10-4A GENERAL PROVISIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4B_NOISE" -A "\c" \ - -- "ARTICLE 10-4B NOISE" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4A_GENERAL_PROVISIONS" -A "\c" \ - -- "ARTICLE 10-4A GENERAL PROVISIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-401_Disturbing_The_Peace" -A "\c" \ - -- "Sec 10-401 Disturbing The Peace" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-402_Disturbing_Funerals" -A "\c" \ - -- "Sec 10-402 Disturbing Funerals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-403_Disorderly_Conduct" -A "\c" \ - -- "Sec 10-403 Disorderly Conduct" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-404_Parades,_Public_Assemblies,_And_Special_Events" -A "\c" \ - -- "Sec 10-404 Parades, Public Assemblies, And Special Events" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-405_Firearms_And_Carrying_Certain_Weapons_Prohibited" -A "\c" \ - -- "Sec 10-405 Firearms And Carrying Certain Weapons Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-406_Begging_And_Soliciting_Alms" -A "\c" \ - -- "Sec 10-406 Begging And Soliciting Alms" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-407_Lawful_Operation_Of_Unmanned_Aircraft_Systems" -A "\c" \ - -- "Sec 10-407 Lawful Operation Of Unmanned Aircraft Systems" -\& -.br -.LP -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-401_Disturbing_The_Peace" -A "\c" \ - -- "Sec 10-401 Disturbing The Peace" -\& -.IP " 1." 4 -It is unlawful to disturb or alarm the peace of another or others by -doing any of the acts set out in subsection (B) of this section. -.IP " 2." 4 -Disturbing the peace is the doing of any of the following in such a -manner as would foreseeably alarm or disturb the peace of another or -others: -.RS 4 -.IP " 1." 5 -Using obscene, offensive, abusive, profane, vulgar, threatening, violent -or insulting language or conduct; -.IP " 2." 5 -Appearing in an intoxicated condition; -.IP " 3." 5 -Engaging in a fistic encounter; -.IP " 4." 5 -Lewdly exposing one\[aq]s person, or private parts thereof, in any -public place or in any place where there are present other persons to be -offended or annoyed thereby; -.IP " 5." 5 -Pointing any pistol or any other deadly weapon whether loaded or not at -any other persons either in anger or otherwise; -.IP " 6." 5 -Holding an unlawful assembly of two or more persons, including being -assembled together and acting in concert, to do any unlawful act against -the peace or to the terror of others or preparing for or moving toward -such acts, or otherwise assembling unlawfully or riotously; -.IP " 7." 5 -Interrupting any lawful assembly of people by making noise, by rude, -indecent or improper behavior, by profane, improper or loud language, or -in any other manner, either within the place of assembly or within -hearing distance thereof; -.IP " 8." 5 -Obstructing the free passage of pedestrians or vehicles on a street, -right-of-way or sidewalk, or other public place; -.IP " 9." 5 -Obstructing, molesting or interfering with any person lawfully in a -public place; -.IP " 10." 5 -Making noises that a reasonable person of ordinary sensibilities would -find unnecessarily loud or offensive; -.IP " 11." 5 -Disturbing any congregation or assembly of persons meeting for religious -worship by making noise, by rude, indecent or improper behavior, by -profane, improper or loud language, or in any other manner, either -within the place of worship or within hearing distance thereof; or -.IP " 12." 5 -Committing any other act in such a manner calculated as to unreasonably -disturb, interfere or alarm the public or the comfort and repose of any -person. -.RE -.IP " 3." 4 -Whenever any police officer shall, in the exercise of reasonable -judgment, decide that the presence of any person in any public place is -causing any of the conditions enumerated in subsection (B) of this -section, he may, if he deems it necessary for the preservation of the -public peace and safety, order that person to leave that place; and any -who shall refuse to leave after being ordered to do so by a police -officer shall be guilty of a violation of this section. -.IP " 4." 4 -This section shall not apply to peaceful picketing, public speaking or -other lawful expressions of opinion not in contravention of other laws. -.LP -(Prior Code, §§ 16-57\[em]16-59, 16-61; Code 1999, § 10-401) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-402_Disturbing_Funerals" -A "\c" \ - -- "Sec 10-402 Disturbing Funerals" -\& -.LP -No person shall willfully disturb, interrupt or disquiet any assemblage -of people who have met for the purpose of any funeral, or obstruct or -detain any person engaged in accompanying any funeral to a place of -burial. -.PP -(Code 1999, § 10-402) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-403_Disorderly_Conduct" -A "\c" \ - -- "Sec 10-403 Disorderly Conduct" -\& -.LP -A person shall be guilty of disorderly conduct if, with the intent to -cause public inconvenience, annoyance, alarm or recklessly creating the -risk thereof, he: -.IP " 1." 4 -Acts in a violent or tumultuous manner toward another whereby any person -is placed in fear of safety of his life, limb or health; -.IP " 2." 4 -Acts in a violent or tumultuous manner toward another whereby the -property of any person is placed in danger of being destroyed or -damaged; -.IP " 3." 4 -Endangers the lawful pursuits of another by acts of violence, angry -threats and abusive conduct; -.IP " 4." 4 -Jostles or crowds or pushes any person in any public place; -.IP " 5." 4 -Uses \[dq]fighting words\[dq] directed toward any person and thus -creates a turmoil; -.IP " 6." 4 -Causes, provokes or engages in any fight, brawl or riotous conduct so as -to endanger the life, limb, health or property of another; or -.IP " 7." 4 -By acts of violence, interferes with another\[aq]s pursuit of a lawful -occupation. -.LP -(Code 1999, § 10-403) -.PP -\f[B]State Law reference\f[R]\[em] Disorderly conduct generally, 21 O.S. -§ 1361 et seq.; power of city relating to disorderly conduct, 11 O.S. -§ 22-110. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-404_Parades,_Public_Assemblies,_And_Special_Events" -A "\c" \ - -- "Sec 10-404 Parades, Public Assemblies, And Special Events" -\& -.IP " 1." 4 -As used in this section, the term \[dq]parade\[dq] means any parade, -march, ceremony, show, demonstration, exhibition, pageant or procession -of any kind, or any similar display, in or upon any street, park or -other public place in the city. -.IP " 2." 4 -No person shall use any street, alley, public way, park or other -property owned or controlled by the city, except those places -specifically designed and intended for such use, for the purpose of -holding, conducting, causing or participating in any parade, street -fair, street dance, carnival, assemblage or activity of any nature which -may cause the disturbance or interference of the normal and ordinary use -of the property by other persons, without first having obtained a permit -for such purpose. -The permits may be granted by the city manager under such conditions as -deemed appropriate. -.IP " 3." 4 -Permits shall not be required under this section in the case of -construction or repairs to or within any such street or property, -provided all other requirements of this Code are complied with. -.IP " 4." 4 -Not less than two weeks prior to the closing or use of a street or -property for a parade, an application shall be submitted by the party to -the city. -The time requirements may be waived by the city manager at his -discretion if sufficient time exists for the proper review of the -application as herein provided. -The application shall be submitted upon a form prescribed by the city. -The application shall provide such other information as requested. -.IP " 5." 4 -The city manager shall issue a permit as provided for hereunder when, -from a consideration of the application and from such other information -as may otherwise be obtained, he finds that: -.RS 4 -.IP " 1." 4 -The conduct of the parade will not substantially interrupt the safe and -orderly movement of other traffic contiguous to its route; -.IP " 2." 4 -The conduct of the parade will not require the diversion of so great a -number of police officers of the city to properly police the line of -movement and the areas contiguous thereto as to prevent normal police -protection to the city; -.IP " 3." 4 -The conduct of such parade will not require the diversion of so great a -number of ambulances as to prevent normal ambulance service to portions -of the city other than that to be occupied by the proposed line of march -and areas contiguous thereto; -.IP " 4." 4 -The concentration of persons, animals and vehicles at assembly points of -the parade will not unduly interfere with proper fire and police -protection of, or ambulance service to, areas contiguous to such -assembly areas; -.IP " 5." 4 -The conduct of such parade will not interfere with the movement of -firefighting equipment en route to a fire; -.IP " 6." 4 -The conduct of the parade is not reasonably likely to cause injury to -persons or property, to provoke disorderly conduct or create a -disturbance; and -.IP " 7." 4 -The parade is scheduled to move from its point of origin to its point of -termination expeditiously and without unreasonable delays en route. -.RE -.IP " 6." 4 -The city manager, in such cases as shall be determined in his -discretion, may require as a condition to the issuance of a permit -herein such insurance or bond holding the city harmless from any and all -liability for injury or damage of any kind whatsoever occurring during -such activity covered by the permit. -.IP " 7." 4 -Without regard to the above provision of this section, the city manager, -from his consideration of available, appropriate and necessary -information, shall deny the application for a permit provided for by -this section when, from this information, he has reason to believe that -any contemplated advocacy at the proposed event will be directed to -inciting or producing imminent lawless action and will likely incite or -produce such action. -.IP " 8." 4 -The city manager, in denying an application for a parade permit, may -authorize the conduct of the parade on a date, at a time or over a route -different from that named by the applicant. -An applicant desiring to accept an alternate permit shall so indicate -within five days after notice of the action of the city manager. -An alternate parade permit shall conform to the requirements of, and -shall have the effect of, a parade permit under this section. -.IP " 9." 4 -As used in this section, the term \[dq]special event\[aq] means any -activity which occurs upon private or public property that (1) may -reasonably affect the ordinary use of public streets, rights-of-way or -sidewalks, or (2) include the erection of any temporary structure -(inflatables/bouncy toys, or tents or canopies larger than 400 square -feet, etc.) -where the public is invited, or (3) include the sale or consumption of -alcoholic beverages on a premises not currently licensed by the state -for the sale or consumption of alcohol on the premises where the public -is invited. -This includes, but is not limited to, fairs, festivals, foot races, bike -races, block parties, grand opening celebrations, and other temporary -assemblages of people. -The term \[dq]expressive special event\[dq] means a special event as -defined above, organized or conducted solely or primarily for the -purpose of engaging in speech protected by the First Amendment of the -United States Constitution. -The term \[dq]spontaneous expressive event\[dq] shall mean an expressive -special event that is occasioned by news, affairs, or circumstances -coming into public knowledge less than five days prior to the date of -such event. -.RS 4 -.IP " 1." 4 -No person, organization, business or corporation shall conduct any type -of special event as defined above without a special event permit from -the city. -.IP " 2." 4 -An application for a special event shall be submitted to the city no -later than 30 days prior to the proposed event. -In the event of an expressive special event, the application must be -submitted within five business days prior to the proposed event. -In the event of a spontaneous expressive event, the event must not -present a substantial safety or traffic hazard and must not unduly -impede, obstruct, impair or interfere with the public\[aq]s use of the -street or other public property, the operation of emergency vehicles, -the provision of the city services, or any lawful competing use of the -location where the event is located. -If any portion of the preceding cannot be met, then the event organizer -must make a diligent and good faith effort to relocate the event to -another location. -If the location cannot be relocated due to the special communicative -value of the event\[aq]s location or the unavailability of another -location, then the chief of police shall take appropriate action to the -extent reasonably necessary to eliminate the hazard, risk, interference, -or impairment; provided however, that the chief of police shall not -order the area cleared or the cessation of spontaneous expressive -activities unless reasonably necessary to avoid imminent danger to -person or property. -Applicants may file application as early as desired by the applicant. -.IP " 3." 4 -Reasons for denial of a special events permit include, but are not -limited to, the event will disrupt traffic within the city beyond -practical solution; will interfere with access to fire stations and the -fire hydrants; the location of the special event will cause undue -hardship to adjacent businesses or residents; the event would require -the diversion of so many city, public safety and/or and public works -employees that allowing the event would unreasonably deny service to the -remainder of the city; and the application contains incomplete or false -information. -.IP " 4." 4 -This section shall not be construed as imposing upon the city or its -officials or employees any liability or responsibility for any injury or -damages to any person in any way connected to the use for which permits -have been issued. -The city and its officials and employees shall not be deemed to have -assumed any liability or responsibility by reasons of inspections -performed, the issuance of any permit or the approval of any use of the -right-of-way. -.IP " 5." 4 -A special event permit may be issued only after adequate waste disposal -facilities and toilet facilities as necessary have been identified and -obtained by the permittee. -The permittee will clean their property, city property and any adjacent -properties of trash, rubbish, or debris generated by the special event, -returning it to its pre-event condition within 24 hours of the -conclusion of the event. -If the permittee fails to clean up such refuse, such clean up shall be -as required by law or other sections of this Code and the costs charged -to the permittee. -.IP " 6." 4 -The permittee shall obtain other permits that may be required from other -jurisdictions for this special event. -.RE -.LP -(Code 1999, § 10-404; Ord. -No. -629(08), 9-2-2008) -.PP -\f[B]State Law reference\f[R]\[em] Power of local authorities to -regulate assemblies, 47 O.S. -15-102. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347129_Ordinance%20No.%20904%20(19).pdf" -A "\c" \ - -- "904(19)" -\& on 4/15/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-405_Firearms_And_Carrying_Certain_Weapons_Prohibited" -A "\c" \ - -- "Sec 10-405 Firearms And Carrying Certain Weapons Prohibited" -\& -.IP " 1." 4 -No person shall transport a loaded firearm except in compliance with -state law. -.IP " 2." 4 -It shall be unlawful for any person to carry upon or about his or her -person, or in a purse or other container belonging to the person, any -pistol, revolver, shotgun or rifle whether loaded or unloaded or any -blackjack, loaded cane, hand chain, metal knuckles, or any other -offensive weapon, whether such weapon be concealed or unconcealed, -except as may be authorized by law. -.IP " 3." 4 -It shall be unlawful for any person to discharge a firearm, air rifle or -BB gun within the city except as may be authorized by law. -.IP " 4." 4 -Any person violating this provision shall, upon conviction, be punished -by a fine not to exceed the maximum penalty established by state law. -.LP -\f[B]State Law reference\f[R]\[em] Carrying firearms, 21 O.S. -§ 1289.6; firearms definitions, 21 O.S. -§ 1289.1 et seq. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346749_Ordinance%20No.%20898%20(19).pdf" -A "\c" \ - -- "898(19)" -\& on 3/4/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-406_Begging_And_Soliciting_Alms" -A "\c" \ - -- "Sec 10-406 Begging And Soliciting Alms" -\& -.IP " 1." 4 -The following words, terms and phrases, when used in this section, shall -have the meanings ascribed to them in this subsection, except where the -context clearly indicates a different meaning: -.br -\f[I]Accosting\f[R] means approaching or speaking to someone in such a -manner as would cause a reasonable person to fear imminent bodily harm -or the commission of a criminal act upon his person, or upon property in -his immediate possession. -.br -\f[I]Ask, beg\f[R] or \f[I]solicit\f[R] means and includes, without -limitation, the spoken, written or printed word or such other acts as -are conducted in furtherance of the purpose of obtaining alms. -.br -\f[I]Forcing oneself upon the company of another\f[R] means continuing -to request, beg or solicit alms from a person after that person has made -a negative response, blocking the passage of the individual addressed or -otherwise engaging in conduct which could reasonably be construed as -intended to compel or force a person to accede to demands. -.IP " 2." 4 -It shall be unlawful for any person to solicit money or other things of -value: -.RS 4 -.IP " 1." 4 -On private property if the owner, tenant, or lawful occupant has asked -the person not to solicit on the property, or has posted a sign clearly -indicating that solicitations are not welcome on the property; -.IP " 2." 4 -Within 15 feet of the entrance to or exit from any public toilet -facility; -.IP " 3." 4 -Within 15 feet of an automatic teller machine, provided that when an -automated teller machine is located within an automated teller machine -facility, such distance shall be measured from the entrance or exit of -the automated teller machine facility; -.IP " 4." 4 -Within 15 feet of any pay telephone, provided that when a pay telephone -is located within a telephone booth or other facility, such distance -shall be measured from the entrance or exit of the telephone booth or -facility; -.IP " 5." 4 -In any public transportation vehicle, or in any bus or subway station, -or within 15 feet of any bus stop or taxi stand; -.IP " 6." 4 -From any operator of a motor vehicle that is in traffic on a public -street; provided, however, that this subsection shall not apply to -services rendered in connection with emergency repairs requested by the -owner or passengers of such vehicle; -.IP " 7." 4 -From any person who is waiting in line for entry to any building, public -or private, including, but not limited to, any residence, business, or -athletic facility; or -.IP " 8." 4 -Within 15 feet of the entrance or exit from a building, public or -private, including, but not limited to, any residence, business, or -athletic facility. -.RE -.IP " 3." 4 -It shall be unlawful for any person to solicit money or other things of -value by accosting another or by forcing oneself upon the company of -another. -.LP -(Prior Code, § 16-34; Code 1999, § 10-408) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-407_Lawful_Operation_Of_Unmanned_Aircraft_Systems" -A "\c" \ - -- "Sec 10-407 Lawful Operation Of Unmanned Aircraft Systems" -\& -.IP " 1." 4 -Definitions. -.RS 4 -.IP " 1." 4 -Pilot or Remote Pilot in Command means any person in control of and -unmanned aircraft. -.IP " 2." 4 -Unmanned Aircraft means an aircraft operated without the possibility of -direct intervention from within or on the aircraft. -.IP " 3." 4 -Unmanned Aircraft System means an unmanned aircraft and its associated -elements (including communication links and the components that control -the unmanned aircraft) that are required for the safe and efficient -operation of the unmanned aircraft in the national airspace system. -.IP " 4." 4 -Recreational Purposes means the use of an unmanned aircraft for personal -interests and enjoyment. -.RE -.IP " 2." 4 -Operating Rules. -.RS 4 -.IP " 1." 5 -All persons operating unmanned aircraft systems within the corporate -limits of the City of Moore must be in compliance with all applicable -municipal, state and federal law, including, but not limited to: -.RS 5 -.IP " 1." 4 -Drones weighing over .55 pounds must have a Federal Aviation -Administration registration number affixed. -.IP " 2." 4 -As of September 16, 2023, all drones weighing over .55 pounds are -required to comply with the Federal Aviation Administration\[aq]s Remote -ID rule. -.IP " 3." 4 -Operating a drone for commercial, or any other non-recreational purpose, -or flying at night requires the operator to have a Remote Pilot -Certificate or Certificate of Authorization from the FAA. -.RE -.IP " 2." 5 -A remote pilot in command may not fly and unmanned aircraft in the area -where human beings are present (other than the pilot in control), -unless: -.RS 5 -.IP " 1." 4 -The human being(s) is/are located under a covered structure or inside a -stationary vehicle that can provide reasonable protection from a falling -unmanned aircraft; or, -.IP " 2." 4 -The remote pilot in command is using an unmanned aircraft that: -.RS 4 -.IP " 1." 4 -Weighs .55 pounds or less including everything that is on board or -otherwise attached to the aircraft, on takeoff and throughout the -duration of the flight; and, -.IP " 2." 4 -Does not contain any exposed rotating parts that would lacerate human -skin upon impact with a human being. -.RE -.RE -.IP " 3." 5 -No person shall operate an unmanned aircraft system with the intent to -disturb, harass, bother or annoy any other person, domesticated animal -or livestock or operate in any reasonable person. -.IP " 4." 5 -No person shall operate an unmanned aircraft with the intent to -intentionally harm another person or to destroy public or private -property. -.IP " 5." 5 -No person shall operate an unmanned aircraft in a careless, negligent, -reckless or dangerous manner.\ -.IP " 6." 5 -No person shall attach to an unmanned aircraft: -.RS 5 -.IP " 1." 4 -A firearm; or, -.IP " 2." 4 -Any other item item intended to cause injury, do harm or be a hazard. -.RE -.IP " 7." 5 -No person shall operate an unmanned aircraft while in a state of -intoxication as defined in Section 10-501 of the Moore Municipal Code. -.IP " 8." 5 -No person shall act with the intent to interfere with another\[aq]s -ability to safely operate an unmanned aircraft in flight such that the -pilot\[aq]s ability to control the aircraft is diminished to such a -degree as to result in a collision. -.IP " 9." 5 -The owner/remote pilot in command of an unmanned aircraft system that -causes injury to the person of another or damage to the property owner -with their name, address and phone number as soon as practicable after -the injury or property damage is discovered. -.IP " 10." 5 -This section shall not apply to agencies within the governments of the -City of Moore, the State of Oklahoma, or the United States when -operating an unmanned aircraft system in accordance with their official -duties. -.RE -.IP " 3." 4 -Penalty for Violation. -.LP -Any person who is found guilty of violating this section is guilty of a -misdemeanor and subject to up to a $500 fine. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692114532_1028.23%20signed.pdf" -A "\c" \ - -- "1028.23" -\& on 6/5/2023 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4B_NOISE" -A "\c" \ - -- "ARTICLE 10-4B NOISE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-411_Findings_Of_Fact" -A "\c" \ - -- "Sec 10-411 Findings Of Fact" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-412_Definitions" -A "\c" \ - -- "Sec 10-412 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-413_Prohibitions_Generally" -A "\c" \ - -- "Sec 10-413 Prohibitions Generally" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-414_Specific_Prohibitions" -A "\c" \ - -- "Sec 10-414 Specific Prohibitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-415_Exemptions" -A "\c" \ - -- "Sec 10-415 Exemptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-416_Permit" -A "\c" \ - -- "Sec 10-416 Permit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-417_Duties_And_Responsibilities_Of_City_Departments" -A "\c" \ - -- "Sec 10-417 Duties And Responsibilities Of City Departments" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-418_Penalty_And_Injunctive_Relief" -A "\c" \ - -- "Sec 10-418 Penalty And Injunctive Relief" -\& -.br -.LP -\f[B] -.br -State Law reference\f[R]\[em] City\[aq]s power to restrain and prohibit -unnecessary noise, 11 O.S. -§ 22-110. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-411_Findings_Of_Fact" -A "\c" \ - -- "Sec 10-411 Findings Of Fact" -\& -.LP -It is found and declared that: -.IP " 1." 4 -The making and creation of excessive, unnecessary noise within the city -is a condition which has existed for some time and the extent and volume -of such noise is increasing; -.IP " 2." 4 -The making, creation or maintenance of such excessive, unnecessary, -unnatural or unusual noise, prolonged in time, place and use, affects -and is a detriment to public health, comfort, convenience, safety, -welfare and prosperity of the residents of the city; -.IP " 3." 4 -A substantial body of scientific and technological knowledge and -expertise exists by which noise is recognized as sound which is -excessive and thereby unwanted and rejectable, and may be substantially -abated; -.IP " 4." 4 -The necessity in the public interest for the provisions and prohibitions -hereinafter contained and enacted is declared as a matter of legislative -determination and public policy in pursuance of and for the purpose of -securing and promoting the peace and quiet for the greater assurance of -public health, comfort, convenience, safety, welfare and prosperity of -the city and its inhabitants. -.LP -(Code 1999, § 10-421; Ord. -No. -544, 2-4-1991; Ord. -No. -90(94), 9-6-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-412_Definitions" -A "\c" \ - -- "Sec 10-412 Definitions" -\& -.IP " 1." 4 -The following words, terms and phrases, when used in this article, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.br -\f[I] -.br -Ambient sound pressure level\f[R] is the all-encompassing noise -associated with a given environment, being usually a composite of sounds -from many sources, near and far, statistically equivalent to L90; the -percentile noise level exceeded 90 percent of the time based on any -measurement period of not less than ten minutes or more than 30 minutes. -.br -\f[I] -.br -A-weighted sound level\f[R] means the sound pressure level in decibels -as measured on a sound level meter using the A-weighing network. -The level so read is designated as dB(A) or dBA. -.br -\f[I] -.br -Construction\f[R] means any site preparation, assembly, erection, -substantial repair, alteration, or similar action, excluding demolition, -for or of public or private rights-of-way, structures, utilities or -similar property. -.br -\f[I] -.br -Continuous sound\f[R] means any sound, essentially without interruption, -which exists for a period of six minutes or more. -.br -\f[I] -.br -Decibel (dB)\f[R] means a unit for measuring the volume of a sound, -equal to 20 times the logarithm to the base ten of ratio of the pressure -of the sound measured to the reference pressure which is 20 micropascals -(20 micronewtons per square meter), denoted as dB. -.br -\f[I] -.br -Demolition\f[R] means any dismantling, intentional destruction or -removal of structures, utilities, public or private right-of-way -surfaces, or similar property. -.br -\f[I] -.br -Device\f[R] means any mechanical object or piece intended to produce, or -which produces, the resultant effect objectively sought when operated or -used. -.br -\f[I] -.br -Emergency\f[R] means any occurrence or set of circumstances involving -actual or imminent physical trauma or property damage which demands -immediate action. -.br -\f[I] -.br -Emergency vehicle\f[R] means vehicles of the fire, police and highway -patrol departments and legally authorized ambulances and emergency -vehicles of state departments. -.br -\f[I] -.br -Emergency work\f[R] means any work performed for the purpose of -preventing or alleviating physical traumas or property damage threatened -or caused by an emergency. -.br -\f[I] -.br -Excessive sound\f[R] means that sound level which elicits complaints, -usually independent of each other in the estimate of the sound\[aq]s -being acceptable or unacceptable. -.br -\f[I] -.br -Gross vehicle weight rating (GVWR)\f[R] means the value specified by the -manufacturer as the recommended maximum loaded weight of a single motor -vehicle. -In cases where trailers and tractors are separable, the gross -combination weight rating (GCWR), which is the value specified by the -manufacturer as the recommended maximum loaded weight of the combination -vehicle, shall be used. -.br -\f[I] -.br -Impulsive sound\f[R] means sound pulses of short duration, usually less -than one second, with an abrupt onset and rapid decay. -.br -\f[I] -.br -L1 percentile level\f[R] means the time-averaged sound pressure level, -A-weighted, that is exceeded in any time measurement period one percent -of that time. -.br -\f[I] -.br -L10 percentile level\f[R] means the time-averaged sound pressure level, -A-weighted, that is exceeded in any time measurement period ten percent -of that time. -.br -\f[I] -.br -L90 percentile level\f[R] means the time-averaged sound pressure level, -A-weighted, that is exceeded in any time measurement period 90 percent -of that time. -.br -\f[I] -.br -Measurement period\f[R] means that total amount of time used in the -measurement of sound levels for a given incident not including time -intervals, or their total time, between intervals of actual sound -measurement time. -Limits are as stated herein, not less than ten minutes and not more than -30 minutes. -.br -\f[I] -.br -Motor vehicle\f[R] means every vehicle self-propelled on land and every -vehicle propelled by electric power obtained from overhead trolley -wires, but not operated upon rails; provided, however, the definition of -the term \[dq]motor vehicle\[dq] shall not include implements of -husbandry. -.br -\f[I] -.br -Muffler\f[R] means a device for abating the sound of escaping gases of -any internal combustion engine. -.br -\f[I] -.br -Noise\f[R] means any sound which annoys or disturbs humans or which -causes or tends to cause an adverse psychological or physiological -effect on humans. -.br -\f[I] -.br -Noise disturbance\f[R] means any plainly audible sound which: -.RS 4 -.IP " 1." 4 -Injures or endangers the safety or health of a human; -.IP " 2." 4 -Annoys or disturbs a reasonable person of normal sensitivities; or -.IP " 3." 4 -Endangers or injures personal or real property. -For the purpose of this definition, the term \[dq]plainly audible\[dq] -means where the listener clearly can hear the content of the sound -produced by the noise source. -Sounds which may be clearly or plainly audible include, but are not -limited to, musical rhythms, spoken words, vocal sounds and engine -noises. -.br -\f[I] -.br -Person\f[R] means any individual, association, partnership or -corporation, and includes any officer, employee, department, agency or -instrumentality of the state or any political subdivision of the state. -.br -\f[I] -.br -Powered model vehicle\f[R] means any self-propelled airborne, -waterborne, or landborne plane, vessel or vehicle which is not designed -to carry persons, including, but not limited to, any model airplane, -boat, car or rocket. -.br -\f[I] -.br -RMS sound pressure\f[R] means the square root of the time average square -of the sound pressure, denoted Prms. -.br -\f[I] -.br -Sound\f[R] means temporal and spatial oscillation in pressure, particle -displacement, particle velocity or other physical parameter, in a medium -with internal forces that causes progressively alternate compression and -rarefaction of that medium, and which propagates at finite speed to -distant points and can evoke an auditory sensation. -.br -\f[I] -.br -Sound level meter\f[R] means an instrument which includes a microphone, -amplifier, RMS detector, integrator or time averager, output meter, and -weighing networks used to measure sound pressure levels. -.br -\f[I] -.br -Sound pressure\f[R] means the instantaneous difference between the -actual pressure and the average barometric pressure at a given point in -space, as produced by sound energy. -.br -\f[I] -.br -Sound pressure level\f[R] means 20 times the logarithm to the base ten -of the ratio of the RMS sound pressure to the reference pressure of 20 -micropascals (20 x 10 - 6) n/m2). -The sound pressure level is denoted Lp or SPL and is expressed in -decibels (dB). -.RE -.IP " 2." 4 -All defined terminology used in this article which is not defined in -subsection (A) of this section or in Part 1 of this Code shall be in -conformance with applicable publication of the American National -Standards Institute (ANSI) or its successor body. -.LP -(Code 1999, § 10-422; Ord. -No. -544, 2-4-1991; Ord. -No. -90(94), 9-6-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-413_Prohibitions_Generally" -A "\c" \ - -- "Sec 10-413 Prohibitions Generally" -\& -.LP -It is unlawful for any person to make, continue or cause to be made or -continued any noise disturbance, any excessive, unnecessary or unusual -noise, or any noise which either annoys, disturbs, injures or endangers -the comfort, repose, health, peace or safety of reasonable people of -ordinary sensibilities, within the limits of the city. -.PP -(Code 1999, § 10-423; Ord. -No. -544, 2-4-1991) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-414_Specific_Prohibitions" -A "\c" \ - -- "Sec 10-414 Specific Prohibitions" -\& -.LP -The following acts, among others and not to exclude other such acts, are -declared to be excessive or unusual noises in violation of this article, -except and unless in the urgent interest of public health, welfare and -safety, a permit has been issued by the city manager for continuance or -performance over such time periods as may be so stated: -.IP " 1." 5 -Owning, maintaining or harboring for hire any animal or bird, which, by -frequent or prolonged noise-making, cause or tend to cause excessive -sound levels, whether originating from public or private facilities, -except publicly-owned or publicly-operated zoos. -Police dogs may be exempted from the prohibitions of this section under -such terms and conditions as the city manager or council may establish; -.IP " 2." 5 -Performance of construction, demolition or repair work at or on any -structural or roadway project or undertaking whether by manual or -mechanical means, such as to produce a noise disturbance; -.IP " 3." 5 -Discharge into the open air of the sound-laden exhaust from, or escape -of excessive sound from, working parts of the transmission or conveyance -of fluids or solids through piping, conduit, or by way of other -mechanical transport, stationary, portable or mobile engine or motorized -vehicle, such as to produce a noise disturbance; -.IP " 4." 5 -Sounding of horns, whistles, sirens, firearms or other such alarm or -announcement device, whether manual or power-operated, or the detonation -of fireworks or explosives, except as required as warning of fire, -natural disaster or other impending or incidental danger, or which may -be required as a part of law enforcement, by emergency, or as excepted -by the exemptions to this article; -.IP " 5." 5 -Operating or permitting the use or operation of any device designed for -sound production, amplification or reproduction, including, but not -limited to, any radio, musical instrument, phonograph, equipment, -electronic audio equipment, television set, tape recorder, loud speaker, -or other similar device: -.RS 5 -.IP " 1." 4 -Between the hours of 10:00 p.m. -and 7:00 a.m. -the following day so as to be plainly audible within any dwelling unit -which is not the source of the sound; or -.IP " 2." 4 -On public property or on a public right-of-way so as to be plainly -audible 50 feet or more from such device, except as authorized by -permit; -.RE -.IP " 6." 5 -Shouting, carousing, singing, boisterous, belligerent or clamorous -noise-making or other prolonged noise-making such as to cause or tend to -cause excessive sound pressure levels; -.IP " 7." 5 -Operation of any motorized surface boat or underwater vehicle, whether -on land, water impoundment, lake, stream, diversion channel, or astride -a conveyance, such as to produce a noise disturbance; -.IP " 8." 5 -Operation of powered models or toys such as to produce a noise -disturbance; -.IP " 9." 5 -Running, testing or otherwise operating aircraft engines on the ground -or operating an airport facility in such a manner as to cause or tend to -cause noise disturbance. -Nothing in this section shall be construed to prohibit, restrict, -penalize or enjoin or in any manner regulate the movement of aircraft -which are, in all respects, conducted in accordance with or pursuant to -applicable federal laws and regulations, or air traffic control -instructions; -.IP " 10." 5 -Operating or permitting to be operated in any place of public -entertainment during any hour of operation when patrons or customers may -be expected to be present, any loudspeaker or sound amplifier which -produces, reproduces or amplifies sound, or which produces a noise -disturbance at a point normally to be occupied by a patron or customer, -unless a conspicuous legible sign is posted at or within five feet of -each public entrance and not more than five feet above the level of the -ground, floor, or other entrance threshold, readable by a person with -20/20 vision at a distance not less than ten feet from the loudspeaker -or amplifier, which sign shall state: -.br -\[dq]WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING -IMPAIRMENT\[dq] -.br -This provision shall not be construed to allow the operation of a -loudspeaker or sound amplifier in such manner as to violate subsection -(K) of this section; -.IP " 11." 5 -Creating noise disturbance within 500 feet of any school or other such -institution of learning, church, hospital, convalescent hospital or -mass-care home, or court of law from 10:00 p.m. -to 7:00 a.m., provided conspicuous, legible signs are serviceably -displayed at such distance from the aforementioned institutions, or any -of them, that such potential violation may be avoided; -.IP " 12." 5 -No property owner, lessor or lessee shall knowingly allow any -automobile, motorcycle, minibike or other vehicle which creates a noise -disturbance to be driven across his property. -Nothing in this section shall be construed as to prohibit the arrest of -the operators of such vehicles as may be provided by this Code. -.IP " 13." 5 -Operating or permitting to be operated any device designed for sound -production, amplification or reproduction, included but not limited to, -any radio, musical instrument, phonograph, equipment, electronic audio -equipment, tape recorder, loudspeaker, or other similar device at any -city owned park that exceeds sixty-five decibels (65 dB) measured at the -boundary of any city owned park. -.br -.LP -(Code 1999, § 10-424; Ord. -No. -544, 2-4-1991; Ord. -No. -90(94), 9-6-1994) -HISTORY -.br -\f[I]Approved by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1641223116_ordinance%20998.21.pdf" -A "\c" \ - -- "998(21)" -\& on 12/20/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-415_Exemptions" -A "\c" \ - -- "Sec 10-415 Exemptions" -\& -.LP -The following sources of potentially excessive sound shall be exempt -from noise control regulation: -.IP " 1." 4 -Safety signals and alarm devices; only storm warning sirens or horns -that are owned, operated, authorized, and required by the city and the -authorized testing of such equipment, emergency vehicle sirens or horns -used when responding to an emergency, and emergency pressure relief -valves; -.IP " 2." 4 -Noise created or to be created as the result of provisions of section -10-414 such that a permit shall be issued beforehand by the city -manager, and such event shall be conducted in accordance with provisions -of such permit; -.IP " 3." 4 -Disaster or other emergency, or, as result of such disaster, demanding -the immediate undertaking by operators or mechanical devices for relief -of stress thus created; -.IP " 4." 4 -Organized sporting event; organized sporting event shall not include -sporting events located at any city owned park, including but not -limited to, all youth association regular season games and tournaments; -.IP " 5." 4 -Noncommercial public speaking and public assembly activities conducted -on any public space or public right-of-way; and -.IP " 6." 4 -Interstate railway locomotives and trains en route, and not engaged in -switching operations within residential land use classifications between -10:00 p.m. -and 7:00 a.m. -.LP -(Code 1999, § 10-427; Ord. -No. -544, 2-4-1991; Ord. -No. -90(94), 9-6-1994; Ord. -No. -758(13), 9-16-2013) -HISTORY -.br -\f[I]Approved by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1641222535_ordinance%20997.21.pdf" -A "\c" \ - -- "997(21)" -\& on 12/20/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-416_Permit" -A "\c" \ - -- "Sec 10-416 Permit" -\& -.IP " 1." 4 -Application for a permit for relief from noise restrictions designated -in this article, on the basis of undue hardship, may be made to the city -manager or his authorized representative. -Any such application shall set out clearly the conditions describing the -undue hardship so alleged. -.IP " 2." 4 -A permit may be granted only upon sufficient and reliable showing in the -application that such conditions indicate one or more of the following -to be true: -.RS 4 -.IP " 1." 4 -Additional time is necessary for the applicant to alter or modify his -activity or operation to comply with this article; -.IP " 2." 4 -The activity, operation or noise source will be of temporary duration, -and cannot be performed in a manner that would comply with other -sections of this article; and -.IP " 3." 4 -No other reasonable alternative is available to the applicant. -.RE -.IP " 3." 4 -A permit may be granted only for an effective time period of three days -or less, except in the case of construction or demolition, the effective -time period of such permit shall not exceed 45 days continuous time -lapse. -A permit may be renewed while the urgent necessity continues for three -days or less, except in the case of construction or demolition, the -renewal shall not exceed 45 days. -Any such permit thus granted shall state all conditions upon which it -may be granted, including, but not limited to, effective date, time of -day, location, limitations for personnel or equipment involved, and any -other conditions or requirements the city manager may deem necessary to -minimize the adverse effects upon the community or surrounding -neighborhood. -.LP -(Code 1999, § 10-428; Ord. -No. -544, 2-4-1991; Ord. -No. -90(94), 9-6-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-417_Duties_And_Responsibilities_Of_City_Departments" -A "\c" \ - -- "Sec 10-417 Duties And Responsibilities Of City Departments" -\& -.IP " 1." 4 -All departments and agencies of the city shall, to the fullest extent -consistent with other ordinances, carry out their programs in such a -manner as to further the policy of this article and in cooperation with -the enforcement of it. -.IP " 2." 4 -All departments whose duty it is to review and approve new projects or -changes to existing projects that result, or may result, in the -production of excessive sound levels shall consult with the agent of -enforcement prior to any such approval. -.LP -(Code 1999, § 10-429; Ord. -No. -544, 2-4-1991; Ord. -No. -90(94), 9-6-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-418_Penalty_And_Injunctive_Relief" -A "\c" \ - -- "Sec 10-418 Penalty And Injunctive Relief" -\& -.IP " 1." 4 -Any person who violates any provision of this article shall, upon -conviction thereof, be guilty of an offense against the city. -.IP " 2." 4 -Each day of violation of any provision of this article shall constitute -a single offense if the disturbance is continuous. -If the disturbance is not continuous, each violation of any provision of -this article shall constitute a separate offense, although committed on -the same day. -.IP " 3." 4 -As an additional remedy, any activity, conduct or the operation or -maintenance of any device, instrument, vehicle or machinery which is -continuing in nature and in violation of any ordinance provision, and -which causes discomfort or annoyance, or which endangers the comfort, -repose, health or peace of residents in the area, or which produces a -noise disturbance shall be deemed, and is declared to be, a public -nuisance and may be subject to abatement summarily by a restraining -order or injunction issued by a court of competent jurisdiction. -An injunction or restraining order may be issued pursuant to the -statutes of the state. -.LP -(Code 1999, § 10-430; Ord. -No. -544, 2-4-1991; Ord. -No. -90(94), 9-6-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-5_OFFENSES_AGAINST_THE_PUBLIC" -A "\c" \ - -- "CHAPTER 10-5 OFFENSES AGAINST THE PUBLIC" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-501_Public_Intoxication" -A "\c" \ - -- "Sec 10-501 Public Intoxication" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-502_Marijuana_And_Controlled_Dangerous_Substances_Prohibited" -A "\c" \ - -- "Sec 10-502 Marijuana And Controlled Dangerous Substances Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-503_Drug_Paraphernalia" -A "\c" \ - -- "Sec 10-503 Drug Paraphernalia" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-504_Sniffing_Glue,_Paint_And_Other_Substances" -A "\c" \ - -- "Sec 10-504 Sniffing Glue, Paint And Other Substances" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-505_Curfew_For_Minors" -A "\c" \ - -- "Sec 10-505 Curfew For Minors" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-506_False_Representation_As_Blind,_Crippled_Or_Physically_Defective_To_Obtain_Money,_Aid" -A "\c" \ - -- "Sec 10-506 False Representation As Blind, Crippled Or Physically Defective To Obtain Money, Aid" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-507_Prowling_On_Premises" -A "\c" \ - -- "Sec 10-507 Prowling On Premises" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-508_Misrepresenting_Age_By_False_Documents" -A "\c" \ - -- "Sec 10-508 Misrepresenting Age By False Documents" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-509_Obscene,_Threatening_Or_Harassing_Telecommunication_Or_Other_Electronic_Communications" -A "\c" \ - -- "Sec 10-509 Obscene, Threatening Or Harassing Telecommunication Or Other Electronic Communications" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-510_Disorderly_House" -A "\c" \ - -- "Sec 10-510 Disorderly House" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-511_Nudity,_Improper_Dress_And_Indecent_Exposure" -A "\c" \ - -- "Sec 10-511 Nudity, Improper Dress And Indecent Exposure" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-512_Gambling_And_Gambling_Devices" -A "\c" \ - -- "Sec 10-512 Gambling And Gambling Devices" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-513_Prostitution_Prohibited" -A "\c" \ - -- "Sec 10-513 Prostitution Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-514_Offenses_Near_Schools" -A "\c" \ - -- "Sec 10-514 Offenses Near Schools" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-515_Sleeping_In_Places,_Property" -A "\c" \ - -- "Sec 10-515 Sleeping In Places, Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-516_Contributing_To_Delinquency_Of_A_Minor" -A "\c" \ - -- "Sec 10-516 Contributing To Delinquency Of A Minor" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-517_Prevention_Of_Youth_Access_To_Tobacco" -A "\c" \ - -- "Sec 10-517 Prevention Of Youth Access To Tobacco" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-518_Display_Of_Material_Harmful_To_Minors" -A "\c" \ - -- "Sec 10-518 Display Of Material Harmful To Minors" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-519_Spray_Paint_Restrictions_For_Minors" -A "\c" \ - -- "Sec 10-519 Spray Paint Restrictions For Minors" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-501_Public_Intoxication" -A "\c" \ - -- "Sec 10-501 Public Intoxication" -\& -.LP -No person shall be in any public place in a state of intoxication. -A state of intoxication means the condition in which a person is under -the influence of drugs, intoxicating liquors or nonintoxicating beverage -to such an extent as to deprive the person of his full mental or -physical power or be unable to exercise care for his own safety or the -safety of others. -.PP -(Code 1999, § 10-501) -.PP -\f[B]State Law reference\f[R]\[em] Oklahoma Alcohol and Drug Abuse -Services Act, 43A O.S. -§ 3-401 et seq.; intoxication in a public place or at a public -gathering, 37 O.S. -§ 8. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-502_Marijuana_And_Controlled_Dangerous_Substances_Prohibited" -A "\c" \ - -- "Sec 10-502 Marijuana And Controlled Dangerous Substances Prohibited" -\& -.IP " 1." 4 -It is unlawful for any person to: -.RS 4 -.IP " 1." 4 -Possess a controlled dangerous substance including, but not limited to: -methamphetamine, heroin, opium, opiates, cocaine or any other illegal -substances as noted in Title 63 O.S. -§2-101 et seq., unless such substance was obtained directly, or pursuant -to a valid prescription or order from a practitioner, while acting in -the course of his or her professional practice. -.IP " 2." 4 -Possess marijuana in any place within the city; unless that person is in -possession of an appropriate license issued by the Oklahoma Medical -Marijuana Authority of the State of Oklahoma. -No person shall possess a quantity of medical marijuana in excess of the -amounts proscribed by state law as established for each category of -license; possession of up to one and one half ounces of marijuana by a -person who can state a medical condition, but are not in possession of a -state issued medical marijuana license shall be punishable by a fine not -to exceed $400.00 or maximum allowed by state law. -Unless otherwise stated, violation of any provision contained in this -paragraph is punishable by a fine of up to $500.00 and court costs. -.IP " 3." 4 -Use marijuana in any place within the city except as legally prescribed -by a physician licensed to practice in the state; or to use smokable, -vaporized, vapable and e-cigarettes medical marijuana and medical -marijuana products smoked by a patient license holder at locations that -would violate 63 O.S. -§ 1-1521 et seq., commonly referred to as the \[dq]Smoking in Public -Places and Indoor Workplace Act\[dq] and part 8, chapter 7 sections -8-701 through 8-704 of this Code; or -.IP " 4." 4 -Be about a place where marijuana is sold or furnished illegally. -.RE -.IP " 2." 4 -For the purpose of this section, the term \[dq]marijuana\[dq] means all -parts of the plant cannabis sativa L., whether growing or not; the seeds -thereof; the resin extracted from any part of such plant; and every -compound, manufacture, salt, derivative, mixture, or preparation of such -plant, its seeds or resin, but shall not include the mature stalks of -such plant, fibre produced from such stalks, oil or cake made from the -derivative, mixture or preparation of such mature stalks (except resin -extracted therefrom), fibre, oil or cake, or the sterilized seed of such -plant which is incapable of germination.\ -.IP " 3." 4 -For the purpose of this section, the term \[dq]controlled dangerous -substance\[dq] means a drug, substance or immediate precursor in -Schedules I through V of the Uniform Controlled Dangerous Substances Act -or any drug, substance or immediate precursor listed either temporarily -or permanently as a federally controlled substance. -Any conflict between state and federal law with regard to the particular -schedule in which a substance is listed shall be resolved in favor of -state law. -.IP " 4." 4 -Any person who violates any of the provisions of this section or fails -to comply with any of the requirements thereof, as it pertains to a -controlled dangerous substance other than marijuana, shall be, upon -conviction, guilty of a misdemeanor punishable by a fine not to exceed -the lesser of $500.00 and court costs or the maximum allowed by state -law. -.br -.LP -(Prior Code, § 16-63, in part; Code 1999, § 10-502) -.PP -\f[B]State Law reference\f[R]\[em] Controlled dangerous substances, 63 -O.S. -§ 2-101 et seq. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346542_Ordinance%20No.%20895%20(18).pdf" -A "\c" \ - -- "895(18)" -\& on 12/3/2018 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1029.23.pdf" -A "\c" \ - -- "1029.23" -\& on 6/5/2023 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-503_Drug_Paraphernalia" -A "\c" \ - -- "Sec 10-503 Drug Paraphernalia" -\& -.IP " 1." 4 -For the purpose of this section, the term \[dq]drug paraphernalia\[dq] -means all equipment, products and materials of any kind which are used, -intended for use, or designed for use, in planting, propagating, -cultivating, growing, harvesting, manufacturing, compounding, -converting, producing, processing, preparing, testing, analyzing, -packaging, repackaging, storing, containing, concealing, injecting, -ingesting, inhaling or otherwise introducing into the human body a -controlled substance in violation of the Oklahoma Uniform Controlled -Dangerous Substances Act (63 O.S. -§ 2-101 et seq.), hereinafter referred to as \[dq]the Act,\[dq] and -adopted by reference herein. -The term \[dq]drug paraphernalia\[dq] includes, but is not limited to: -.RS 4 -.IP " 1." 5 -Kits used, intended for use, or designed for use in planting, -propagating, cultivating, growing or harvesting of any species of plant -which is a controlled substance or from which a controlled substance can -be derived; -.IP " 2." 5 -Kits used, intended for use, or designed for use in manufacturing, -compounding, converting, producing, processing, or preparing controlled -substances; -.IP " 3." 5 -Isomerization devices used, intended for use, or designed for use in -identifying, or in analyzing the strength, effectiveness or purity of -controlled substances; -.IP " 4." 5 -Testing equipment used, intended for use, or designed for use in -identifying, or in analyzing the strength, effectiveness or purity of -controlled substances; -.IP " 5." 5 -Scales and balances used, intended for use, or designed for use in -weighing or measuring controlled substances; -.IP " 6." 5 -Diluents and adulterants, such as quinine hydrochloride, mannitol, -mannite, dextrose and lactose, used, intended for use, or designed for -use in cutting controlled substances; -.IP " 7." 5 -Separation gins and sifters used, intended for use, or designed for use -in removing twigs and seeds from, or in otherwise cleaning or refining, -marijuana; -.IP " 8." 5 -Blenders, bowls, containers, spoons and mixing devices used, intended -for use, or designed for use in compounding controlled substances; -.IP " 9." 5 -Capsules, balloons, envelopes and other containers used, intended for -use, or designed for use in packaging small quantities of controlled -substances; -.IP " 10." 5 -Containers and other objects used, intended for use, or designed for use -in storing or concealing controlled substances; -.IP " 11." 5 -Hypodermic syringes, needles and other objects used, intended for use, -or designed for use in parenterally injecting controlled substances into -the human body; and -.IP " 12." 5 -Objects used, intended for use, or designed for use in ingesting, -inhaling, or otherwise introducing marijuana, cocaine, hashish, or -hashish oil into the human body, such as: -.RS 5 -.IP " 1." 5 -Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or -without screens, permanent screens, hashish heads, or punctured metal -bowls; -.IP " 2." 5 -Water pipes; -.IP " 3." 5 -Carburetion tubes and devices; -.IP " 4." 5 -Smoking and carburetion masks; -.IP " 5." 5 -Roach clips; meaning objects used to hold burning materials, such as a -marijuana cigarette, that has become too small or too short to be held -in the hand; -.IP " 6." 5 -Miniature cocaine spoons, and cocaine vials; -.IP " 7." 5 -Chamber pipes; -.IP " 8." 5 -Carburetor pipes; -.IP " 9." 5 -Electric pipes; -.IP " 10." 5 -Air-driven pipes; -.IP " 11." 5 -Chillums; -.IP " 12." 5 -Bongs; or -.IP " 13." 5 -Ice pipes or chiller. -.RE -.RE -.IP " 2." 4 -In determining whether an object is drug paraphernalia, a court or other -authority should consider, in addition to all other logically relevant -factors, the following: -.RS 4 -.IP " 1." 5 -Statements by an owner or by anyone in control of the object concerning -its use; -.IP " 2." 5 -Prior convictions, if any, of an owner, or of anyone in control of the -object, under any state or federal law relating to any controlled -substance; -.IP " 3." 5 -The proximity of the object, in time and space, to a direct violation of -the Act; -.IP " 4." 5 -The proximity of the object to controlled substances; -.IP " 5." 5 -The existence of any residue of controlled substances on the object: -.IP " 6." 5 -Direct or circumstantial evidence of the intent of an owner, or of -anyone in control of the object, to deliver it to persons whom he knows, -or should reasonably know, intended to use the object to facilitate a -violation of the Act; the innocence of an owner, or of anyone in control -of the object, as to a direct violation of the Act shall not prevent a -finding that the object is intended for use, or designed for use as drug -paraphernalia; -.IP " 7." 5 -Instructions, oral or written, provided with the object concerning its -use; -.IP " 8." 5 -Descriptive materials accompanying the object which explain or depict -its use; -.IP " 9." 5 -National and local advertising concerning its use; -.IP " 10." 5 -The manner in which the object is displayed for sale; -.IP " 11." 5 -Whether the owner, or anyone in control of the object, is a legitimate -supplier of like or related items to the community, such as a licensed -distributor or dealer of tobacco products; -.IP " 12." 5 -Direct or circumstantial evidence of the ratio of sales of the objects -to the total sales of the business enterprise; -.IP " 13." 5 -The existence and scope of legitimate uses for the object in the -community; and -.IP " 14." 5 -Expert testimony concerning its use. -.RE -.IP " 3." 4 -It is unlawful for any person to use, or to possess with intent to use, -drug paraphernalia to plant, propagate, cultivate, grow, harvest, -manufacture, compound, convert, produce, process, prepare, test, -analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, -or otherwise introduce into the human body a controlled substance in -violation of the Act. -.IP " 4." 4 -It is unlawful for any person to deliver, possess with intent to -deliver, or manufacture with intent to deliver, drug paraphernalia, -knowing, or under circumstances where one reasonably should know, that -it will be used to plant, propagate, cultivate, grow, harvest, -manufacture, compound, convert, produce, process, prepare, test, -analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, -or otherwise introduce into the human body a controlled substance in -violation of the Act. -.IP " 5." 4 -It is unlawful for any person to place in any newspaper, magazine, -handbill, or other publication any advertisement, knowing, or under -circumstances where one reasonably should know, that the purpose of the -advertisement, in whole or in part, is to promote the sale of objects -designed or intended for use as drug paraphernalia. -.IP " 6." 4 -The term drug paraphernalia shall not include equipment, products and -materials of any kind which are used, intended for use, or designed for -use, in planting, propagating, cultivating, growing, harvesting, -manufacturing, compounding, converting, producing, processing, -preparing, testing, analyzing, packaging, repackaging, storing, -containing, concealing, injecting, ingesting, inhaling or otherwise -introducing into the human body medical marijuana where the possession -of such items is authorized by an appropriate license issued by the -State of Oklahoma, Medical Marijuana Authority. -.LP -(Code 1999, § 10-503) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 63 O.S. -§§ 2-101.1, 2-405. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346334_Ordinance%20No.%20894%20(18).pdf" -A "\c" \ - -- "894(18)" -\& on 12/3/2018 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-504_Sniffing_Glue,_Paint_And_Other_Substances" -A "\c" \ - -- "Sec 10-504 Sniffing Glue, Paint And Other Substances" -\& -.LP -No person shall sniff or inhale paint, glue, gasoline or other volatile -substances for purposes of intoxication. -.PP -(Code 1999, § 10-504) -.PP -\f[B]State Law reference\f[R]\[em] Glue sniffing, 63 O.S. -§ 465.20. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-505_Curfew_For_Minors" -A "\c" \ - -- "Sec 10-505 Curfew For Minors" -\& -.IP " 1." 4 -The following words, terms and phrases, when used in this section, shall -have the meanings ascribed to them in this subsection, except where the -context clearly indicates a different meaning: -.br -\f[I] -.br -Minor\f[R] means any person under the age of 18. -.br -\f[I] -.br -Parent\f[R] means any person having legal custody of a minor as a: -.RS 4 -.IP " 1." 4 -Natural or adoptive parent; -.IP " 2." 4 -Legal guardian; -.IP " 3." 4 -Person who stands in loco parentis; or -.IP " 4." 4 -Person to whom legal custody has been given by order of the court. -\f[I]Public place\f[R] means any street, alley, highway, sidewalk, park, -playground or place to which the general public has access and a right -to resort for business, entertainment, or other lawful purpose. -A public place shall include, but not be limited to, any store, shop, -restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, -shopping center and any other place devoted to amusement or -entertainment of the general public. -It shall also include the front or immediate area of the above. -.br -\f[I] -.br -Remain\f[R] means to stay behind, to tarry and to stay unnecessarily -upon the streets, including the congregating of groups (or of -interacting minors) totaling four or more persons in which any minor -involved would not be using the streets for ordinary or serious purposes -such as mere passage or going home. -.br -\f[I] -.br -Street\f[R] means a way or place, of whatsoever nature, open to the use -of the public as a matter of right for purposes of vehicular travel or -in the case of a sidewalk thereof for pedestrian travel. -The term \[dq]street\[dq] includes the legal right-of-way, including, -but not limited to, the cartway or traffic lanes, the curb, the -sidewalks, whether paved or unpaved, and any grass plots or other -grounds found within the legal right-of-way of a street. -.br -\f[I] -.br -Time of night\f[R] referred to here is based upon the prevailing -standard of time, whether Central Standard Time or Central Daylight -Saving Time, generally observed at that hour by the public. -.br -\f[I] -.br -Year of age\f[R] continues from one birthday, such as the 17th to (but -not including the day of) the next, such as the 18th birthday, making it -clear that 17 or less years of age is herein treated as equivalent to -the phrase \[dq]under 18 years of age.\[dq] -.RE -.IP " 2." 4 -It shall be unlawful for any person 17 or less years of age (under 18) -to be or remain in or upon the streets or public places within the city -at night during the period ending 5:00 a.m. -and beginning: -.RS 4 -.IP " 1." 4 -At 11:00 p.m. -for minors on Sunday through Thursday; and -.IP " 2." 4 -At 1:00 a.m. -on Saturday morning and Sunday morning for minors. -.RE -.IP " 3." 4 -In the following exceptional cases, a minor on a city street or in a -public place during the nocturnal hours for which this section is -intended to provide the maximum limits of regulation does not constitute -a violation of the curfew regulations: -.RS 4 -.IP " 1." 5 -When accompanied by a parent of such minor; -.IP " 2." 5 -When accompanied by an adult authorized by a parent of such minor to -take the parent\[aq]s place accompanying the minor for a designated -period of time, date and purpose within a specified area. -The authorized adult shall possess a written communication signed by the -minor and countersigned by the parent/legal guardian of such minor which -includes their home address and telephone number. -The authorized adult shall have this communication from the minor\[aq]s -parent/guardian in his possession; -.IP " 3." 5 -When exercising First Amendment rights protected by the United States -Constitution, such as the free exercise of religion, freedom of speech -and the right of assembly. -Such minor shall evidence the bona fides of such exercise by possessing -a written communication, signed by such minor and countersigned by a -parent or legal guardian of such minor with their home address and -telephone number, specifying times and dates when, and where, and in -what manner the minor will be on the streets and other public places at -night (during hours when the curfew regulations are otherwise applicable -to the minor) in the exercise of a First Amendment right specified in -such communication; -.IP " 4." 5 -The minor is on an errand, specific business or activity of an emergency -nature directed or permitted by his parent; -.IP " 5." 5 -If the minor has in the minor\[aq]s possession a written communication -signed by the minor and countersigned by a parent or legal guardian of -such minor evidencing their home address and telephone number, and -establishing such reason relating to a direct route for a designated -time for a described purpose including points of origin and destination. -Each communication will also note the date and time limits the reason -will encompass; -.IP " 6." 5 -When the minor is on the sidewalk of the place where such minor resides, -or on the sidewalk of either next-door neighbor not communicating an -objection to the police officer; -.IP " 7." 5 -When returning home, by a direct route, from (and within 45 minutes of -the termination of) a school activity, or an activity of a religious or -the voluntary association, provided the minor has a written -communication in the minor\[aq]s possession, countersigned by the parent -or legal guardian indicating the home address and telephone number, the -purpose for the event, and when, where and in what manner the minor will -be on the streets at night; -.IP " 8." 5 -Upon being petitioned, the city council may authorize by regulation a -relaxation of the curfew in other matters of reasonable necessity and is -determined to be consistent with the public interest and the purposes of -these curfew regulations. -Normally, such regulation by the city council permitting use of the -streets or public places should be issued sufficiently in advance to -permit appropriate notification of agencies, such as the schools, and -the media when appropriate. -The regulation shall define the activity, the scope of the use of the -streets or public places permitted, and the period of time involved, not -to extend more than 45 minutes beyond the time for termination of such -activity; -.IP " 9." 5 -When the minor is within the scope of his employment and carries a -certified card or some other form indicating employment, briefly -identifying the minor, the addresses and telephone numbers of his home -and his place of employment and his hours of employment or carries a -valid proof of employment; or -.IP " 10." 5 -Whenever the minor is engaged in interstate or intrastate vehicular -travel with consent of his parent or legal guardian. -This contemplates normal travel and clearly exempts bona fide interstate -movement through the city, particularly on normal routes. -.RE -.IP " 4." 4 -It shall be unlawful for a parent, or other person, having legal custody -of a minor knowingly to permit, or by inefficient control to allow, such -a minor to be or remain upon any city street or public place under -circumstances not constituting an exception to, or otherwise beyond the -scope of, the curfew regulations. -The term \[dq]knowingly\[dq] includes knowledge which a parent, or legal -guardian, should reasonably be expected to have concerning the -whereabouts of a minor in that parent\[aq]s or person\[aq]s legal -custody. -It is intended to continue to keep neglectful or careless parents or -legal guardians up to a reasonable community standard of parental -responsibility through an objective test. -It shall be no defense that a parent was completely indifferent to the -activities or conduct or whereabouts of such minor. -.IP " 5." 4 -A police officer of the city, upon finding or having attention called to -any minor on the streets in prima facie violation of the curfew -regulations, normally shall take the minor to the city police station, -or other place designated by the chief of police, where a parent, or -legal guardian, shall immediately be notified to come for such minor, -whereupon they may be questioned about the necessary facts constituting -a violation of these regulations. -In the absence of convincing evidence such as a birth certificate, a -police officer on the street shall in the first instance use his best -judgment in determining age. -In the case of a first violation by a minor, the municipal court shall -cause to be personally delivered or, by certified mail, sent to a -parent, or legal guardian, written notice of the violation with a -warning that any subsequent violation will result in full enforcement of -the curfew regulations, including enforcement of parental responsibility -and of applicable penalties. -.IP " 6." 4 -If, after the warning notice pursuant to subsection (E) of this section -of a first violation by a minor, a parent or legal guardian violates the -section (in connection with a second violation by the minor), this shall -be treated as an offense by the parent or legal guardian. -The penalty, upon a plea of guilty, nolo contendere, or finding of -guilt, shall be punished as provided in section 1-108, or a term of -community service. -.LP -(Code 1999, § 10-505; Ord. -No. -85(94), 6-6-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-506_False_Representation_As_Blind,_Crippled_Or_Physically_Defective_To_Obtain_Money,_Aid" -A "\c" \ - -- "Sec 10-506 False Representation As Blind, Crippled Or Physically Defective To Obtain Money, Aid" -\& -.LP -No person shall falsely represent himself as blind, deaf, dumb, crippled -or physically defective for the purpose of obtaining money or other -things of value, or to secure aid or assistance on account of such false -representation. -.PP -(Code 1999, § 10-506) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-507_Prowling_On_Premises" -A "\c" \ - -- "Sec 10-507 Prowling On Premises" -\& -.LP -No person shall be upon the property or premises of another with the -intent to peer or peep into the window or door of the dwelling. -.PP -(Code 1999, § 10-507) -.PP -\f[B]State Law reference\f[R]\[em] Peeping toms generally, 21 O.S. -§ 1171. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-508_Misrepresenting_Age_By_False_Documents" -A "\c" \ - -- "Sec 10-508 Misrepresenting Age By False Documents" -\& -.LP -No person shall, for the purpose of violating any statutes of the state -or any ordinances of the city, willfully and knowingly misrepresent his -age by presenting a false document purporting to state his true age or -by presenting a document not his own. -.PP -(Code 1999, § 10-508) -.PP -\f[B]State Law reference\f[R]\[em] Misrepresentation of age by false -documents, 21 O.S. -§ 1518 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-509_Obscene,_Threatening_Or_Harassing_Telecommunication_Or_Other_Electronic_Communications" -A "\c" \ - -- "Sec 10-509 Obscene, Threatening Or Harassing Telecommunication Or Other Electronic Communications" -\& -.IP " 1." 4 -It shall be unlawful for a person who, by means of a telecommunication -or other electronic communication device, willfully: -.RS 4 -.IP " 1." 4 -Makes any comment, request, suggestion, or proposal which is obscene, -lewd, lascivious, filthy, or indecent; -.IP " 2." 4 -Makes a telecommunication or other electronic communication with intent -to terrify, intimidate or harass, or threaten to inflict injury or -physical harm to any person or property of that person; -.IP " 3." 4 -Makes a telecommunication or other electronic communication, whether or -not conversation ensues, with intent to put the party called in fear of -physical harm or death; -.IP " 4." 4 -Makes a telecommunication or other electronic communication, whether or -not conversation ensues, without disclosing the identity of the person -making the call or communication and with intent to annoy, abuse, -threaten, or harass any person at the called number; -.IP " 5." 4 -Knowingly permits any telecommunication or other electronic -communication under the control of the person to be used for any purpose -prohibited by this section; and -.IP " 6." 4 -In conspiracy or concerted action with other persons, makes repeated -calls or electronic communications or simultaneous calls or electronic -communications solely to harass any person at the called numbers. -.RE -.IP " 2." 4 -As used in this section, the term \[dq]telecommunication\[dq] and -\[dq]electronic communication\[dq] mean any type of telephonic, -electronic or radio communications, or transmission of signs, signals, -data, writings, images and sounds or intelligence of any nature by -telephone, including cellular telephones, wire, cable, radio, -electromagnetic, photoelectronic or photo-optical system or the -creation, display, management, storage, processing, transmission or -distribution of images, text, voice, video or data by wire, cable or -wireless means, including the Internet. -The term \[dq]telecommunication\[dq] includes: -.RS 4 -.IP " 1." 4 -A communication initiated by electronic mail, instant message, network -call, or facsimile machine; and -.IP " 2." 4 -A communication made to a pager. -.RE -.IP " 3." 4 -Use of a telephone or other electronic communications facility under -this section shall include all use made of such a facility between the -points of origin and reception. -Any offense under this section is a continuing offense and shall be -deemed to have been committed at either the place of origin or the place -of reception. -.IP " 4." 4 -Any person who is convicted of the provisions of subsection (A) of this -section shall be punished pursuant to section 1-108. -.LP -(Code 1999, § 10-509; Ord. -No. -612(08), 1-22-2008) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. -§ 1172. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-510_Disorderly_House" -A "\c" \ - -- "Sec 10-510 Disorderly House" -\& -.IP " 1." 4 -A disorderly house means any structure or vehicle by which the peace, -comfort, health, welfare or decency of the public is disturbed by reason -of the people therein committing or resorting to any of the following -acts: -.RS 4 -.IP " 1." 4 -The sale, distribution, possession or use of any controlled dangerous -substance, the sale, distribution, possession or use of which is -declared unlawful by state statute; -.IP " 2." 4 -The violation of any of the ordinances of the city or statutes of the -state regulating the sale, distribution, possession or use of alcoholic -and nonintoxicating beverages as defined by law; -.IP " 3." 4 -The performance of any sexual act declared unlawful by state statute or -city ordinance, including, but not limited to, soliciting for purposes -of prostitution; or -.IP " 4." 4 -The violation of any state statute or city ordinance prohibiting -gambling. -.RE -.IP " 2." 4 -No person shall keep or maintain, or aid, abet or assist in keeping and -maintaining a disorderly house. -.IP " 3." 4 -No owner, lessee, lessor, or other person, partnership or corporation -having control over any house, building, structure, tent, vehicle, -mobile home, or recreational vehicle shall knowingly use, lease, -sublease or otherwise permit the use of same for the purpose of keeping -therein any disorderly house; and knowing or ascertaining that such -house, building, structure, tent, vehicle, mobile home, or recreational -vehicle is so occupied as a disorderly house, no persons, partnership or -corporation shall continue to grant permission to so use such premises -as a disorderly house. -.IP " 4." 4 -No person shall knowingly reside in, enter into, or remain in a -disorderly house. -In any prosecution for violation of this section, the city shall have -the burden to prove such knowledge by direct evidence only and not by -circumstantial evidence. -This section shall not apply to physicians or officers in the discharge -of their professional or official duties. -.LP -(Code 1999, § 10-510) -.PP -\f[B]State Law reference\f[R]\[em] Municipal power to regulate -disorderly houses and indecencies, 11 O.S. -§ 22-109. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-511_Nudity,_Improper_Dress_And_Indecent_Exposure" -A "\c" \ - -- "Sec 10-511 Nudity, Improper Dress And Indecent Exposure" -\& -.LP -It is unlawful for any person to: -.IP " 1." 4 -Appear in any public place in the city in a state of nudity; -.IP " 2." 4 -Appear in any public place in the city in any offensive, indecent or -lewd dress; or -.IP " 3." 4 -Make an indecent public exposure of his person. -.LP -(Prior Code, § 16-37; Code 1999, § 10-511) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 21 O.S. -§ 1021. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-512_Gambling_And_Gambling_Devices" -A "\c" \ - -- "Sec 10-512 Gambling And Gambling Devices" -\& -.IP " 1." 4 -Any person who plays or carries on, or opens or causes to be opened, or -who conducts, either as owner or employee, roulette, craps, or any -banking or percentage game, played with dice, cards or any other device, -for money, checks, credit or any representative of value, or any other -gambling game, is guilty of an offense. -.IP " 2." 4 -Any person who bets on or plays at any of the prohibited games mentioned -in subsection (A) of this section, or otherwise gambles, is guilty of an -offense. -.IP " 3." 4 -It is unlawful for any person to exhibit or expose to view in any -building, or in any part of or room in any building, any table, cards, -dice, roulette wheel or other article or apparatus designed for or used -for gambling purposes. -.IP " 4." 4 -It is unlawful for any person to keep, own, operate, use, conduct or -cause to be kept, operated, used or conducted, either as owner, manager, -dealer, clerk or employee, and whether for hire or not, any punch board, -machine, cards, game, parlay card or any other device or paraphernalia, -wherein or whereby any money or property or any representative of -either, or other valuable thing, may be played, bet, staked, wagered or -hazarded, won, lost or obtained upon any change, combination of numbers, -emblems or any uncertain or contingent event or condition, or football -or baseball contest. -.IP " 5." 4 -It is unlawful for any person to play any prohibited game described in -this section. -.IP " 6." 4 -It is unlawful for any person to bar or barricade any building, or any -part of or room in any building, in order to render the same difficult -of access or ingress to the police officers of the city, in which -building, or any part of or room in any such building, any table, cards, -dice, roulette wheel or other article or apparatus designed for or being -used for gambling purposes are exhibited or exposed to view. -.IP " 7." 4 -The apparatus and paraphernalia used in the conduct of any of the -gambling games prohibited by this section are hereby declared to be a -public nuisance and subject to seizure and suppression by any officer, -and shall be abated, forfeited and destroyed upon the order and decree -of any court of competent jurisdiction. -.IP " 8." 4 -It is unlawful for any person to knowingly be about in the immediate -vicinity where a person is gambling, whether by playing games, operating -a slot machine or other device, or otherwise. -.IP " 9." 4 -Nothing herein contained shall be construed to prevent the sponsoring -and operation of bingo games by nonprofit religious, fraternal, -charitable or educational organizations, provided the organizations are -properly licensed and operated in accordance with law. -.LP -(Prior Code, §§ 16-31, 16-32; Code 1999, § 10-512) -.PP -\f[B]State Law reference\f[R]\[em] Gambling generally, 21 O.S. -§ 941 et seq.; search and seizure of equipment used for gambling, 22 -O.S. -§ 1261 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-513_Prostitution_Prohibited" -A "\c" \ - -- "Sec 10-513 Prostitution Prohibited" -\& -.IP " 1." 4 -As used in this section, the term \[dq]prostitution\[dq] means and -includes the getting or receiving of the body for sexual intercourse for -hire and includes the giving or receiving of the body for indiscriminate -sexual intercourse without hire. -.IP " 2." 4 -It is unlawful: -.RS 4 -.IP " 1." 4 -To engage in prostitution, lewdness or assignation; -.IP " 2." 4 -To solicit, induce, entice or procure another to commit an act of -lewdness, assignation or prostitution; or -.IP " 3." 4 -To aid, abet or participate in the doing of any of the acts herein -prohibited. -.RE -.IP " 3." 4 -No person shall in any way or manner whatever, keep, harbor or house any -prostitute. -.IP " 4." 4 -No person shall entice or attempt to entice any female into a house of -prostitution, or have illicit sexual intercourse with any female under -18 years of age. -.IP " 5." 4 -No person shall keep or maintain a house of prostitution or house of -assignation. -.IP " 6." 4 -No person shall lease, let or furnish any building, room, tent or -structure of any kind, or any conveyance used or to be used as a place -of prostitution or assignation within the city, or knowingly permit the -same to be so used. -.IP " 7." 4 -No person shall knowingly accept, receive, levy or appropriate any money -or other thing of value without consideration from a prostitute or from -the proceeds of any women engaged in prostitution. -.IP " 8." 4 -No person shall offer, or offer to secure another for the purpose of -prostitution, or for any other lewd or indecent act. -.IP " 9." 4 -No person shall direct, take or transport, or offer or agree to take or -transport or aid or assist in transporting, any person to any house, -place, building or other structure, vehicle, trailer or other -conveyance, or to any other person with knowledge or having reasonable -cause to believe that the purpose of such directing, taking or -transporting is prostitution, lewdness or assignation. -.LP -(Prior Code, § 16-36; Code 1999, § 10-513) -.PP -\f[B]State Law reference\f[R]\[em] Definition of prostitution, 21 O.S. -§ 1030; soliciting, 21 O.S. -§ 1029; pimping, 21 O.S. -§ 1081. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-514_Offenses_Near_Schools" -A "\c" \ - -- "Sec 10-514 Offenses Near Schools" -\& -.LP -No person shall engage in any of the conduct or acts hereinafter set -forth around, in or near any school or school grounds or streets and -alleys adjacent to any school: -.IP " 1." 4 -Any conduct that would disturb the orderly conduct of the school; -.IP " 2." 4 -Annoying or molesting any student or employee of the school; -.IP " 3." 4 -Lewd or wanton conduct in, near or around any of the schools or school -grounds or streets and alleys adjacent to the schools; -.IP " 4." 4 -Moving or parking any vehicle in the vicinity of any school for the -purpose of annoying or molesting any student or employee of the school; -or -.IP " 5." 4 -Any other act or conduct calculated to or likely to annoy or molest any -student or employee of such school. -.LP -(Code 1999, § 10-514) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-515_Sleeping_In_Places,_Property" -A "\c" \ - -- "Sec 10-515 Sleeping In Places, Property" -\& -.LP -It is unlawful for any person, without lawful reason, between the hours -of 12:00 midnight and sunrise, to sleep on any street, in any other -public place, or on any property of another without the expressed or -tacit consent of the owner or person in charge of such place. -.PP -(Code 1999, § 10-515) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-516_Contributing_To_Delinquency_Of_A_Minor" -A "\c" \ - -- "Sec 10-516 Contributing To Delinquency Of A Minor" -\& -.IP " 1." 4 -The term \[dq]any person,\[dq] as used in this section, means any human -being, without regard to the legal or natural relationship to a minor, -as well as legal or corporate entities. -The term \[dq]minor\[dq] means any person under the age of 18 years. -.IP " 2." 4 -Any person who shall knowingly or willfully cause, aid, abet or -encourage a minor to be, to remain, or to become a delinquent child, as -defined by state law, shall be guilty of an offense. -.LP -(Prior Code, § 16-16; Code 1999, § 10-516) -.PP -\f[B]State Law reference\f[R]\[em] Contributing to delinquency of -minors, 21 O.S. -§ 856 et seq. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-517_Prevention_Of_Youth_Access_To_Tobacco" -A "\c" \ - -- "Sec 10-517 Prevention Of Youth Access To Tobacco" -\& -.IP " 1." 5 -\f[I]Definitions\f[R]. -The following words, terms and phrases, when used in this section, shall -have the meanings ascribed to them in this subsection, except where the -context clearly indicates a different meaning:\ -.RS 5 -.IP " 1." 4 -\f[I]Nicotine Product\f[R] means any product that contains nicotine -extracted or isolated from plants, vegetables, fruit, herbs, weeds, -genetically modified organic matter, or that is synthetic in origin and -is intended for human consumption; provided, however, this term shall -not include products approved by the United States Food and Drug -Administration for smoking cessation. -.br -.IP " 2." 4 -\f[I]Person\f[R] means any individual, firm, fiduciary, partnership, -corporation, trust, or association, however formed.\ -.IP " 3." 4 -\f[I]Proof of age\f[R] means a driver\[aq]s license, license for -identification only, or other generally accepted means of identification -that describes the individual as 21 years of age or older and contains a -photograph or other likeness of the individual and appears on its face -to be valid.\ -.IP " 4." 4 -\f[I]Sample\f[R] means a tobacco product, nicotine product or vapor -product distributed to members of the public at no cost for the purpose -of promoting the product.\ -.IP " 5." 4 -\f[I]Tobacco product\f[R] means any product that contains tobacco and is -intended for human consumption.\ -.IP " 6." 4 -\f[I]Transaction scan\f[R] means the process by which a seller checks, -by means of a transaction scan device, the validity of a driver\[aq]s -license or other government-issued photo identification.\ -.IP " 7." 4 -\f[I]Transaction scan device\f[R] means any commercial device or -combination of devices used at a point of sale or entry that is capable -of deciphering in an electronically readable format the information -encoded on the magnetic strip or bar code of a driver\[aq]s license or -other government-issued photo identification.\ -.IP " 8." 4 -\f[I]Vapor products\f[R] means noncombustible products, that may or may -not contain nicotine, that employ a mechanical heating element, battery, -electronic circuit, or other mechanism, regardless of shape or size, -that can be used to produce a vapor in a solution or other form. -The term \[dq]vapor products\[dq] shall include any vapor cartridge or -other container with or without nicotine or other form that is intended -to be used with an electronic cigarette, electronic cigar, electronic -cigarillo, electronic pipe, or similar product or device and any vapor -cartridge or other container of a solution, that may or may not contain -nicotine, that is intended to be used with or in an electronic -cigarette, electronic cigar, electronic cigarillo or electronic device. -The term \[dq]vapor products\[dq] do not include any products regulated -by the United States Food and Drug Administration under chapter V of the -Food, Drug, and Cosmetic Act. -.RE -.IP " 2." 5 -\f[I]Furnishing or sale of tobacco products, nicotine products or vapors -to minors\f[R]. -.RS 5 -.IP " 1." 4 -It shall be unlawful and an offense for any person to sell, give, or -furnish in any manner any tobacco product, nicotine product, nicotine -product or vapor product to another person who is under 21 years of age -or to purchase in any manner a tobacco product or vapor product on -behalf of any such person. -It shall not be unlawful for an employee under 21 years of age to handle -tobacco products, nicotine or vapor product when required in the -performance of the employee\[aq]s duties. -.IP " 2." 4 -Any person engaged in the sale or distribution of tobacco products or -vapor products shall demand proof of age from a prospective purchaser or -recipient if an ordinary person would conclude on the basis of -appearance that the prospective purchaser may be under 21 years of age. -If an individual engaged in the sale or distribution of tobacco -products, nicotine product, nicotine products or vapor products has -demanded and was shown proof of age from a prospective purchaser or -recipient who is not under 21years of age, the failure to subsequently -require proof of age shall not constitute a violation of this -subsection. -.IP " 3." 4 -If the sale of a tobacco product, nicotine product or vapor product to a -minor is made by an employee of the owner of a store at which these -products are sold at retail, the employee shall be guilty of the -violation and shall be subject to the fine. -If employees of the owner of the store at which tobacco products, -nicotine products or vapor products are sold at retail are found to be -in violation of this section, the owner of the store, if the owner knew -of the employee\[aq]s previous violations, shall also be found to be in -violation and shall be subject to an identical fine. -An owner of a store licensed to sell tobacco products, nicotine products -or vapor products shall not be deemed in violation of the provisions of -subsection (B)(1) or (2) of this section for any acts constituting a -violation by an employee of the store owner, if the violation occurred -prior to actual employment of the person by the store owner, or the -violation occurred at a location other than the owner\[aq]s store. -.IP " 4." 4 -Penalty. -Any person violating the provisions of subsection (B)(1) or (2) of this -section shall be guilty of an offense and, upon conviction, shall be -punished by a fine in the amount of not less than $25.00 nor more than -$200.00. -.IP " 5." 4 -Record to be sent to the alcoholic beverage laws enforcement commission. -Upon conviction for violating the provisions of subsection (B)(1) or (2) -of this section, a report of the conviction of the person shall be -forwarded by the municipal court clerk of the city to the alcoholic -beverage laws enforcement (\[dq]ABLE\[dq]) commission for possible -administrative action. -.IP " 6." 4 -Defenses. -Proof that the defendant demanded, was shown, and reasonably relied upon -proof of age shall be a defense to prosecution under subsection (B)(1) -or (2) of this section. -A person cited for violation of this section shall be deemed to have -reasonably relied upon proof of age, and such person shall not be found -guilty of such violation, if such person proves that: -.RS 4 -.IP " 1." 4 -The individual who purchased or received the tobacco product, nicotine -product or vapor product presented a driver\[aq]s license or other -government-issued photo identification purporting to establish that such -individual was 21 years of age or older; and -.IP " 2." 4 -The person cited for the violation confirmed the validity of the -driver\[aq]s license or other government-issued photo identification -presented by such individual by performing a transaction scan by means -of a transaction scan device; -.br -provided that this defense shall not relieve from liability any person -cited for a violation of this section if such person failed to exercise -reasonable diligence to determine whether the physical description and -picture appearing on the driver\[aq]s license or other government-issued -photo identification was that of the individual who presented it. -The availability of the defense described in this subsection (6) does -not affect the availability of any other defense under any other -provision of law. -.RE -.IP " 7." 4 -Notice to be sent to the department of public safety. -Upon failure of the employee to pay the fine within 90 days of the day -of the assessment of such fine, the clerk of the municipal court shall -notify the department of public safety and the department shall suspend -or not issue a driver\[aq]s license to the employee until proof of -payment has been furnished to the department of public safety. -Upon failure of a store owner to pay the fine within 90 days of the -assessment of such fine, the clerk of the municipal court shall notify -the state tax commission and the state tax commission shall suspend the -store\[aq]s license to sell tobacco products until proof of payment has -been furnished to the state tax commission. -.IP " 8." 4 -For purposes of determining the liability of a person controlling -franchises or business operations in multiple locations for any -violation of subsection (B)(1) or (2) of this section, each individual -franchise or business location shall be deemed a separate entity. -.RE -.IP " 3." 5 -\f[I]Receipt of tobacco product, nicotine products or vapor products by -minors\f[R] -.RS 5 -.IP " 1." 4 -It is unlawful for a person who is under twenty-one (21) years of age to -purchase, receive, or have in his or her possession a tobacco product, -nicotine product or vapor product, or to present or offer to any person -any purported proof of age which is false or fraudulent, for the purpose -of purchasing or receiving any tobacco product, nicotine product or -vapor product or to present or offer to any person purported proof of -age which is false or fraudulent, for the purpose of purchasing or -receiving any tobacco product, nicotine product or vapor product. -It shall not be unlawful for an employee under twenty-one (21) years of -age to handle tobacco products, nicotine products or vapor products when -in the performance of the employee\[aq]s duties. -.IP " 2." 4 -Penalty. -Any person violating the provisions of subsection (C)(1) of this section -shall be guilty of an offense and, upon conviction, shall complete an -education or tobacco use cessation program approved by the court. -.IP " 3." 4 -If the violator fails to complete the tobacco use cessation program -ordered by the court, a fine may be imposed that shall not exceed Fifty -Dollars ($50.00) for a first offense or One Hundred Dollard ($100.00) -for subsequent offenses. -.IP " 4." 4 -The violator may also be required to complete a community service -program or other appropriate programs or services as ordered by the -court. -.IP " 5." 4 -They city shall establish rules to provide for notification to a parent -or guardian of any minor cited for a violation of this section. -.RE -.IP " 4." 5 -\f[I]Distribution of tobacco product, nicotine product or vapor product -samples\f[R]. -.RS 5 -.IP " 1." 4 -It shall be unlawful and an offense for any person to distribute tobacco -product samples or vapor product samples to any person under 21 years of -age. -.IP " 2." 4 -Notwithstanding subsection (D)(1) of this section, no person shall -distribute tobacco product samples, nicotine samples, nicotine product -samples or vapor product samples in or on any public street, sidewalk, -or park that is within 300 feet of any playground, school, or other -facility when the facility is being used primarily by persons under 21 -years of age. -.IP " 3." 4 -Penalty. -Any person violating the provisions of subsection (D)(1) or (2) of this -section shall be guilty of an offense and, upon conviction, shall be -punished by a fine in the amount of not less than $25.00 nor more than -$200.00. -.IP " 4." 4 -Notice to be sent to the department of public safety. -Upon failure of an individual to pay any fine within 90 days of the -assessment of such fine, the clerk of the municipal court shall notify -the department of public safety, and the department shall suspend or not -issue a driver\[aq]s license to the individual until proof of payment -has been furnished to the department of public safety. -.RE -.IP " 5." 5 -\f[I]Sale of tobacco products except in original sealed package\f[R]. -.RS 5 -.IP " 1." 4 -It is unlawful and an offense for any person to sell cigarettes except -in the original, sealed package in which they were placed by the -manufacturer. -.IP " 2." 4 -Any person violating the provisions of subsection (E)(1) of this section -shall be guilty of an offense and, upon conviction, shall be punished by -a fine of not more than $200.00, excluding costs, fees and assessments, -for each offense. -.RE -.IP " 6." 5 -\f[I]Signs in retail establishments required\f[R]. -.RS 5 -.IP " 1." 4 -Every person who sells or displays tobacco products, nicotine products -or vapor products at retail shall post conspicuously and keep so posted -at the place of business a sign, as specified by the alcoholic beverage -laws enforcement (ABLE) commission, stating the following: -.br -\[dq]IT\[aq]S THE LAW, WE DO NOT SELL TOBACCO PRODUCTS, NICOTINE -PRODUCTS OR VAPOR PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE.\[dq] -.br -The sign shall also provide the toll-free number operated by the -alcoholic beverage laws enforcement (ABLE) commission for the purpose of -reporting violations of the Prevention of Youth Access to Tobacco Act. -.IP " 2." 4 -Any person violating the provisions of subsection (F)(1) of this section -shall be guilty of an offense and, upon conviction, shall be punished by -a fine of not more than $50.00, excluding costs, fees and assessments, -for each day a violation occurs. -Each day a violation is continuing shall constitute a separate offense. -The notice required by subsection (F)(1) of this section shall be the -only notice required to be posted or maintained in any store that sells -tobacco products, nicotine products, or vapor products at retail. -.RE -.IP " 7." 5 -\f[I]Notice to retail employees\f[R]. -.RS 5 -.IP " 1." 4 -Every person engaged in the business of selling tobacco products at -retail shall notify each individual employed by that person as a retail -sales clerk that state law: -.RS 4 -.IP " 1." 4 -Prohibits the sale or distribution of tobacco products, nicotine -products or vapor products to any person under 21 years of age and the -purchase or receipt of these products by any person under 21 years of -age; and -.IP " 2." 4 -Requires that proof of age be demanded from a prospective purchaser or -recipient if an ordinary person would conclude on the basis of -appearance that the prospective purchaser or recipient may be under 21 -years of age. -.RE -.IP " 2." 4 -This notice shall be provided before the individual commences work as a -retail sales clerk. -The individual shall signify that he has received the notice required by -this section by signing a form stating as follows: -.br -\[dq]I understand that state law prohibits the sale or distribution of -tobacco products, nicotine productsor vapor products to persons under 21 -years of age and out-of-package sales, and requires proof of age of -purchaser or recipient if an ordinary person would conclude on the basis -of appearance that the prospective purchaser or recipient may be under -21 years of age. -I promise, as a condition of my employment, to obey the law. -I understand that violations by me may be punishable by fines, -suspension, or non-issuance of my driver\[aq]s license. -In addition, I understand that violations by me may subject the store -owner to fines or license suspension.\[dq] -.RE -.IP " 8." 5 -\f[I]Vending machine sales restricted\f[R]. -.RS 5 -.IP " 1." 4 -It shall be unlawful for any person to sell tobacco products, nicotine -products or vapor products through a vending machine unless the vending -machine is located: -.RS 4 -.IP " 1." 4 -In areas of factories, businesses, offices, or other places that are not -open to the public; or -.IP " 2." 4 -In places that are open to the public, but to which persons under 21 -years of age are not admitted. -.RE -.IP " 2." 4 -Any person violating the provisions of subsection (H)(1) of this section -shall be guilty of an offense and, upon conviction, shall be punished by -a fine of not more than $200.00, excluding costs, fees and assessments, -for each offense. -.RE -.IP " 9." 5 -\f[I]Display or sale of tobacco products, nicotine products or vapor -products\f[R]. -.RS 5 -.IP " 1." 4 -It is unlawful for any person or retail store to display or offer for -sale tobacco products, nicotine products or vapor products in any manner -that allows public access to the product without assistance from the -person displaying the tobacco product, nicotine product or vapor product -or an employee or the owner of the store. -The provisions of this subsection shall not apply to retail stores which -do not admit into the store persons under 21 years of age. -.IP " 2." 4 -Any person violating the provisions of subsection (I)(1) of this section -shall be guilty of an offense and, upon conviction, shall be punished by -a fine of not more than $200.00, excluding costs, fees and assessments, -for each offense. -.RE -.IP " 10." 5 -\f[I]Prohibiting possession or sale of tobacco, nicotine or vapor use -device or material\f[R]. -.RS 5 -.IP " 1." 4 -It is unlawful for any person who is under 21 years of age to possess -any material or device used in the smoking, chewing, or other method of -consumption of tobacco, including cigarette papers, pipes, holders of -smoking materials or all types, and other items designed primarily for -the smoking or ingestion of tobacco products. -.IP " 2." 4 -It is unlawful for any person to sell, give or furnish in any manner to -another person who is under 21 years of age any material or device used -in the smoking, chewing, or other method of consumption of tobacco, -nicotine or vapor products, including cigarette papers, pipes, holders -of smoking materials or all types, and other items designed primarily -for the smoking or ingestion of these products. -.IP " 3." 4 -Any person violating the provisions of subsection (J)(1) or (2) of this -section shall be guilty of an offense and, upon conviction, shall be -punished by a fine of not more than $200.00, excluding costs, fees and -assessments, for each offense. -.RE -.IP " 11." 5 -\f[I]Restrictions on manner of enforcement\f[R]. -.RS 5 -.IP " 1." 4 -Any conviction for a violation of subsections (B) through (I) of this -section and compliance checks conducted by the city pursuant to -subsection (K)(2) of this section shall be reported in writing to the -alcoholic beverage laws enforcement (ABLE) commission within 30 days of -the conviction or compliance check. -Such reports shall be compiled in the manner prescribed by the ABLE -commission. -.IP " 2." 4 -Persons under 21 years of age may be enlisted by the city to assist in -enforcement of subsections (B) through (I) of this section, provided -such persons may be used to test compliance only if written parental -consent has been provided and the testing is conducted under the direct -supervision of the alcoholic beverage laws enforcement (ABLE) commission -or conducted by another law enforcement agency if such agency has given -written notice to the ABLE commission in the manner prescribed by the -ABLE commission. -The city may conduct, pursuant to rules of the ABLE commission, -compliance checks without prior notification to the ABLE commission and -shall be exempt from the written notice requirement of this subsection. -This subsection shall not apply to the use of persons under 21 years of -age to test compliance if the compliance test is being conducted by or -on behalf of a retailer of cigarettes, as defined in 68 O.S. -§ 301, at any location the retailer of cigarettes is authorized to sell -cigarettes. -.RE -.LP -(Prior Code, § 16-17; Code 1999, § 10-517; Ord. -No. -336(01), 10-15-2001; Ord. -No. -582(07), 5-21-2007) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 37 O.S. -§ 600.1 et seq. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333053_Ordinance%20No.%20842%20(16).pdf" -A "\c" \ - -- "842(16)" -\& on 12/19/2016 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1633553323_Ordinance%20958(20).pdf" -A "\c" \ - -- "958(20)" -\& on 12/21/2020 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1016.22.pdf" -A "\c" \ - -- "1016.22" -\& on 10/17/2022 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1035.23.pdf" -A "\c" \ - -- "1035.23" -\& on 10/2/2023 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-518_Display_Of_Material_Harmful_To_Minors" -A "\c" \ - -- "Sec 10-518 Display Of Material Harmful To Minors" -\& -.IP " 1." 4 -The following words, terms and phrases, when used in this section, shall -have the meanings ascribed to them in this subsection, except where the -context clearly indicates a different meaning: -.br -\f[I] -.br -A reasonable bona fide attempt\f[R] means an attempt to ascertain the -true age of the minor by requiring production of a driver\[aq]s license, -marriage license, birth certificate or other governmental or educational -identification card or paper and not relying solely on the oral -allegations or apparent age of the minor. -.br -\f[I] -.br -Harmful to minors\f[R] means that quality of any description, -exhibition, presentation or representation, in whatever form, of nudity, -sexual conduct, sexual excitement, or sadomasochistic abuse when the -material or performance, taken as a whole, has the following -characteristics: -.RS 4 -.IP " 1." 4 -The average person 18 years of age or older applying contemporary -community standards would find that the material or performance has a -predominant tendency to appeal to a prurient interest in sex to minors; -.IP " 2." 4 -The average person 18 years of age or older applying contemporary -community standards would find that the material or performance depicts -or describes nudity, sexual conduct, sexual excitement or -sadomasochistic abuse in a manner that is patently offensive to -prevailing standards in the adult community with respect to what is -suitable for minors; and -.IP " 3." 4 -The material or performance lacks serious literary, scientific, -artistic, or political value for minors. -\f[I]Knowingly\f[R] means having general knowledge of, or reason to -know, or a belief or ground for belief which warrants further inspection -or inquiry of both: -.IP " 1." 4 -The character and content of any material or performance which is -reasonably susceptible of examination by the defendant; and -.IP " 2." 4 -The age of the minor. -However, a honest mistake shall constitute an excuse from liability -pursuant to this subsection if the defendant made a reasonable bona fide -attempt to ascertain the true age of such minor. -\f[I]Material\f[R] means any book, magazine, newspaper, pamphlet, -poster, print, picture, figure, image, description, motion picture film, -record, recording tape, or video tape, whether in its original form or -any digital format. -.br -\f[I] -.br -Minor\f[R] means any unmarried person under the age of 18 years. -.br -\f[I] -.br -Nudity\f[R] means the: -.IP " 1." 4 -Showing of the human male or female genitals, pubic area, or buttocks -with less than a full opaque covering; -.IP " 2." 4 -Showing of the female breast with less than a full opaque covering of -any portion of the female breast below the top of the nipple; or -.IP " 3." 4 -Depiction of covered male genitals in a discernibly turgid state. -\f[I]Performance\f[R] means any motion picture, film, video tape, played -record, phonograph or tape, preview, trailer, play, show, skit, dance or -other exhibition performed or presented to or before an audience of one -or more, with or without consideration. -.br -\f[I] -.br -Person\f[R] means any individual, partnership, association, corporation, -or other legal entity of any kind. -.br -\f[I] -.br -Sexual conduct\f[R] means acts of masturbation, homosexuality, sexual -intercourse, or physical contact with a person\[aq]s clothed or -unclothed genitals, pubic area, buttocks, or, if such person is a -female, breast. -.br -\f[I] -.br -Sexual excitement\f[R] means the condition of human male or female -genitals when in a state of sexual stimulation or arousal. -.br -\f[I] -.br -Sadomasochistic abuse\f[R] means flagellation or torture by or upon a -person clothed or naked or the condition of being fettered, bound or -otherwise physically restrained on the part of the one so clothed or -naked. -.RE -.IP " 2." 4 -No person having custody, control or supervision of any commercial -establishment shall knowingly: -.RS 4 -.IP " 1." 4 -Display material which is harmful to minors in such a way that minors, -as a part of the invited general public, will be exposed to view such -material; provided, however, a person shall be deemed not to have -displayed material harmful to minors if the material is kept behind -devices commonly known as \[dq]binder racks\[dq] so that the lower -two-thirds of the material is not exposed to view; -.IP " 2." 4 -Sell, furnish, present, distribute, allow to view, or otherwise -disseminate to a minor, with or without consideration, any material -which is harmful to minors; or -.IP " 3." 4 -Present to a minor or participate in presenting to a minor, with or -without consideration, any performance which is harmful to a minor. -.RE -.IP " 3." 4 -Any person convicted of violating any provision of subsection (B) of -this section shall be guilty of a misdemeanor and, upon conviction, -shall be punished as set forth in section 1-108. -Each day that a violation of subsection (B) of this section occurs or -continues shall constitute a separate offense and shall be punishable as -a separate violation. -Every act or transaction prohibited by subsection (B) of this section -shall constitute a separate offense as to each item, issue or title -involved and shall be punishable as such. -For the purpose of this section, multiple copies of the same identical -title, monthly issue, volume and number issue or other such identical -material shall constitute a single offense. -.LP -(Code 1999, § 10-518; Ord. -No. -36(92), 10-19-1992) -.PP -\f[B]State Law reference\f[R]\[em] Material harmful to minors, 21 O.S. -§ 1040.76 et seq. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333053_Ordinance%20No.%20842%20(16).pdf" -A "\c" \ - -- "842(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-519_Spray_Paint_Restrictions_For_Minors" -A "\c" \ - -- "Sec 10-519 Spray Paint Restrictions For Minors" -\& -.IP " 1." 4 -Definitions. -The following words, terms and phrases, when used in this section, shall -have the meanings ascribed to them in this subsection, except where the -context clearly indicates a different meaning: -.br -\f[I]Minor\f[R] means any individual under the age of 18 years of age. -.br -\f[I]Person\f[R] means any individual, firm, association, partnership or -corporation, selling or offering for sale any item prohibited by this -section. -.IP " 2." 4 -Prohibited conduct. -.RS 4 -.IP " 1." 4 -No person shall sell to any minor any aerosol container of paint (spray -paint) capable of defacing property unless such minor is accompanied by -a parent or a guardian; -.IP " 2." 4 -Any person selling or offering for sale any aerosol container of paint -shall require bona fide evidence of majority and identity. -Bona fide evidence of majority and identity shall be established only by -a document issued by a federal, state, county or municipal government, -including, but not limited to, a motor vehicle operator\[aq]s license, a -registration certificate issued under the federal Selective Service Act -or an identification card issued to a member of the armed forces; -.IP " 3." 4 -Proof that the defendant, or his employee or agent, demanded, was shown -and acted in reliance upon such bona fide evidence in any sale -transaction forbidden hereby shall be a defense to any criminal -prosecution therefor. -.RE -.IP " 3." 4 -Any person who owns, manages or operates a place of business wherein -aerosol containers of paint capable of defacing property are sold shall -conspicuously post at the place of display of the containers for sale -and at the place of sale (cash register) a sign in letters at least -one-half inch in height, \[dq]Spray Paint Shall Not Be Sold To -Minors.\[dq] -.IP " 4." 4 -Any person who has reached the age of majority who shall give, trade, or -otherwise provide to any minor any aerosol container of paint used in -the actual application of graffiti or defacement of property shall be -guilty of an offense and shall, upon conviction, be punished as -prescribed. -.IP " 5." 4 -Any person convicted for an offense in violation of this section shall, -upon conviction, be punished as provided in section 1-108. -.LP -(Code 1999, § 10-519; Ord. -No. -72(94), 1-3-1994) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-6_OFFENSES_AGAINST_PUBLIC_AUTHORITY" -A "\c" \ - -- "CHAPTER 10-6 OFFENSES AGAINST PUBLIC AUTHORITY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-601_Escaping_Custody" -A "\c" \ - -- "Sec 10-601 Escaping Custody" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-602_Conveying_Instruments_To_Assist_Escape" -A "\c" \ - -- "Sec 10-602 Conveying Instruments To Assist Escape" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-603_Assisting_Prisoner_To_Escape" -A "\c" \ - -- "Sec 10-603 Assisting Prisoner To Escape" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-604_Delivery_Of_Articles_To_Person_In_Confinement" -A "\c" \ - -- "Sec 10-604 Delivery Of Articles To Person In Confinement" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-605_Assaulting_City_Officer" -A "\c" \ - -- "Sec 10-605 Assaulting City Officer" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-606_Resisting_A_Police_Officer" -A "\c" \ - -- "Sec 10-606 Resisting A Police Officer" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-607_Obedience_To_Orders_Of_Police_And_Firefighter" -A "\c" \ - -- "Sec 10-607 Obedience To Orders Of Police And Firefighter" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-608_Eluding_Police_Officer_By_Motor_Vehicle" -A "\c" \ - -- "Sec 10-608 Eluding Police Officer By Motor Vehicle" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-609_Use_Of_Siren_Or_Whistle" -A "\c" \ - -- "Sec 10-609 Use Of Siren Or Whistle" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-610_Impersonating_A_Police_Officer_Or_Any_City_Officer" -A "\c" \ - -- "Sec 10-610 Impersonating A Police Officer Or Any City Officer" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-611_False_Statements,_Reports_Or_Complaints" -A "\c" \ - -- "Sec 10-611 False Statements, Reports Or Complaints" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-612_False_Alarms" -A "\c" \ - -- "Sec 10-612 False Alarms" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-613_Removal_Of_Barricades" -A "\c" \ - -- "Sec 10-613 Removal Of Barricades" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-614_Resisting_Public_Officials" -A "\c" \ - -- "Sec 10-614 Resisting Public Officials" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-615_Duties_Of_The_Public_At_Fires,_Emergencies" -A "\c" \ - -- "Sec 10-615 Duties Of The Public At Fires, Emergencies" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-616_Tampering_With_Signs,_Equipment" -A "\c" \ - -- "Sec 10-616 Tampering With Signs, Equipment" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-617_Interfering_With_Police_Dog_In_Performing_Functions_Or_Duties" -A "\c" \ - -- "Sec 10-617 Interfering With Police Dog In Performing Functions Or Duties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-618_Destroying,_Tampering_With_Evidence" -A "\c" \ - -- "Sec 10-618 Destroying, Tampering With Evidence" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-601_Escaping_Custody" -A "\c" \ - -- "Sec 10-601 Escaping Custody" -\& -.LP -No person lawfully in custody or confined in the city jail, before or -after conviction for any violation of the ordinances of the city, or -held in custody going to the city jail, or working upon the streets or -other public grounds of the city or in custody of any officer of the -city, shall break or attempt to break such city jail or custody, and -escape or attempt to escape therefrom. -.PP -(Prior Code, § 16-125; Code 1999, § 10-601; Ord. -No. -506, 2-5-1990) -.PP -\f[B]State Law reference\f[R]\[em] Escapes, 21 O.S. -§ 444. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-602_Conveying_Instruments_To_Assist_Escape" -A "\c" \ - -- "Sec 10-602 Conveying Instruments To Assist Escape" -\& -.LP -No person shall convey into the city jail any disguised instrument or -any thing proper or useful to facilitate the escape of any prisoner -lawfully committed to or detained in the city jail for any violation of -the city ordinances, for any criminal offense, or lawfully detained or -imprisoned therein, whether such escape is effected or attempted or not. -.PP -(Code 1999, § 10-602) -.PP -\f[B]State Law reference\f[R]\[em] Conveying instruments to assist -escape, 21 O.S. -§ 438. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-603_Assisting_Prisoner_To_Escape" -A "\c" \ - -- "Sec 10-603 Assisting Prisoner To Escape" -\& -.LP -No person shall in any way aid, remove or assist any person to resist or -escape from custody of any police officer or from any lawful confinement -in the city. -.PP -(Prior Code, § 16-124; Code 1999, § 10-603; Ord. -No. -506, 2-5-1990) -.PP -\f[B]State Law reference\f[R]\[em] Assisting prisoner to escape, 21 O.S. -§§ 437, 441. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-604_Delivery_Of_Articles_To_Person_In_Confinement" -A "\c" \ - -- "Sec 10-604 Delivery Of Articles To Person In Confinement" -\& -.LP -No person shall deliver any article or thing to any person under arrest -without the consent of the officer having charge and custody of the -prisoner. -.PP -(Code 1999, § 10-604; Ord. -No. -506, 2-5-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-605_Assaulting_City_Officer" -A "\c" \ - -- "Sec 10-605 Assaulting City Officer" -\& -.LP -No person shall knowingly assault, batter, or assault and batter any -city officer or official while in the performance of their duties. -.PP -(Code 1999, § 10-605; Ord. -No. -505, 2-5-1990) -.PP -\f[B]State Law reference\f[R]\[em] Assaulting law officer, 21 O.S. -§§ 649, 650. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-606_Resisting_A_Police_Officer" -A "\c" \ - -- "Sec 10-606 Resisting A Police Officer" -\& -.IP " 1." 4 -It is unlawful to resist, oppose or assault, prevent, fail to cooperate -with or in any way interfere with a police officer or any person duly -authorized to act as such, while the officer or person is discharging or -attempting to discharge his official duties within the limits of the -city. -.IP " 2." 4 -It is unlawful for any person to warn or signal another so as to assist -such other person to flee, escape or evade an officer seeking to make an -arrest or for any person to bar or lock any door or barrier in the face -of or in front of an approaching officer. -.IP " 3." 4 -Resisting an officer is the intentional opposition or resistance to, or -obstruction of, an individual acting in his official capacity, and -authorized by law to make a lawful arrest or seizure of property, or to -serve any lawful process or court order, when the offender knows or has -reason to know that the person arresting, seizing property, or serving -process is acting in his official capacity. -.IP " 4." 4 -The term \[dq]obstruction of\[dq] shall, in addition to their common -meaning, include: -.RS 4 -.IP " 1." 4 -Flight by one sought to be arrested before the arresting officer can -restrain him and after notice is given that he is under arrest; -.IP " 2." 4 -Any violence toward or any resistance or opposition to the arresting -officer after the arrested party is actually placed under arrest and -before he is under arrest; or -.IP " 3." 4 -Refusal by the arrested party to give his name and make his identity -known to the arresting officer. -.RE -.LP -(Prior Code, § 16-122; Code 1999, § 10-606; Ord. -No. -506, 2-5-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-607_Obedience_To_Orders_Of_Police_And_Firefighter" -A "\c" \ - -- "Sec 10-607 Obedience To Orders Of Police And Firefighter" -\& -.LP -No person shall fail to heed a reasonable order of a police officer or -firefighter while such officer is in the discharge of an official duty -in maintaining the public safety or welfare. -.PP -(Code 1999, § 10-608) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-608_Eluding_Police_Officer_By_Motor_Vehicle" -A "\c" \ - -- "Sec 10-608 Eluding Police Officer By Motor Vehicle" -\& -.LP -No operator of a motor vehicle who has received a visual or audible -signal, a red light or a siren from a police officer driving a motor -vehicle, showing the same to be an official police, sheriff or highway -patrol car directing the operator to bring his vehicle to a stop, shall -willfully increase his speed or extinguish his lights to elude or -attempt to elude such police officer, or attempt in any other manner to -elude the police officer. -.PP -(Code 1999, § 10-609) -.PP -\f[B]State Law reference\f[R]\[em] Eluding police officer, 21 O.S. -§ 540A. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-609_Use_Of_Siren_Or_Whistle" -A "\c" \ - -- "Sec 10-609 Use Of Siren Or Whistle" -\& -.IP " 1." 4 -No person shall use any police whistle or any other instrument used by a -police officer to give signals to each other, or imitate any signal -given by one police officer to another or any special signal used by -police officers, for the purpose of improperly or causelessly attracting -the attention of the police. -.IP " 2." 4 -No person, except members of police department, fire department or -ambulance services, shall ring, use or otherwise sound any siren or any -other device for making similar noise. -.LP -(Code 1999, § 10-610) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-610_Impersonating_A_Police_Officer_Or_Any_City_Officer" -A "\c" \ - -- "Sec 10-610 Impersonating A Police Officer Or Any City Officer" -\& -.IP " 1." 4 -No person, other than police officers of the city, shall wear or carry -the uniform, apparel, badge, identification card or any other insignia -of office like or similar to, or a colorable imitation of that adopted -and worn or carried by the police officers of the city. -.IP " 2." 4 -No person shall do or attempt any act to impersonate a police officer. -.IP " 3." 4 -It is unlawful to falsely impersonate any officer or employee of the -city, or falsely represent himself to be an officer or employee of the -city, by any kind of representation, pretense, insignia, sound, clothing -or conduct, or exercise or attempt to exercise any of the duties, -functions or powers of an officer or employee of the city without being -authorized to do so. -.LP -(Prior Code, § 16-126; Code 1999, § 10-611; Ord. -No. -506, 2-5-1990) -.PP -\f[B]State Law reference\f[R]\[em] Impersonating public officers, 21 -O.S. -§§ 263, 264, 1533. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-611_False_Statements,_Reports_Or_Complaints" -A "\c" \ - -- "Sec 10-611 False Statements, Reports Or Complaints" -\& -.IP " 1." 4 -No person shall knowingly make or file or cause to be made or filed a -false or misleading report or misrepresentation, allegation or complaint -with the police department or any officer or employee of the city, or on -any official application or to commit perjury before any tribunal of the -city. -.IP " 2." 4 -No person shall willfully and without probable cause make a false report -to any person of any crime, violation of the city\[aq]s ordinances, or -circumstances indicating the possibility of crime or violation having -been committed, including, but not limited to, the unlawful taking of -personal property, which report causes or encourages the exercise of -police or other official action or investigation. -.LP -(Code 1999, § 10-612) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-612_False_Alarms" -A "\c" \ - -- "Sec 10-612 False Alarms" -\& -.LP -It is unlawful for any person to turn in a false alarm of any nature or -in any manner to deceive or attempt to deceive the fire department, -police department or any other emergency personnel, or summon any -officer or employee thereof with reference to any fire alarm or reported -fire, accident or other emergency or knowingly to cause the fire -department or police department or its officers or employees to make a -useless or unnecessary run to any part of the city or outside the city. -.PP -(Prior Code, § 9-1; Code 1999, § 10-613; Ord. -No. -506, 2-5-1990) -.PP -\f[B]State Law reference\f[R]\[em] False fire alarms, 21 O.S. -§ 1851. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-613_Removal_Of_Barricades" -A "\c" \ - -- "Sec 10-613 Removal Of Barricades" -\& -.LP -It is unlawful for any person, except by proper authority, to remove any -barricade or obstruction placed by authority of the city to keep traffic -off any pavement, street, curb, sidewalk or other area. -.PP -(Code 1999, § 10-614; Ord. -No. -506, 2-5-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-614_Resisting_Public_Officials" -A "\c" \ - -- "Sec 10-614 Resisting Public Officials" -\& -.LP -It is unlawful for any person knowingly or willfully to: -.IP " 1." 4 -Resist, oppose or obstruct the chief of police, any other police -officer, the municipal judge, or any other officer or employee of the -city in the discharge of his official duties; -.IP " 2." 4 -Obstruct, threaten or otherwise intimidate or attempt to intimidate any -officer or employee from the discharge of his official duties; or -.IP " 3." 4 -Assault or beat, or revile, abuse, be disrespectful to, or use abusive -or indecent language toward or about, any such officer or employee while -such officer or employee is in the discharge of his official duties. -.LP -(Code 1999, § 10-615; Ord. -No. -506, 2-5-1990, in part) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-615_Duties_Of_The_Public_At_Fires,_Emergencies" -A "\c" \ - -- "Sec 10-615 Duties Of The Public At Fires, Emergencies" -\& -.IP " 1." 4 -All persons at fires or other emergencies or accidents shall conduct -themselves in an orderly and lawful manner and to assist in maintaining -law and order. -.IP " 2." 4 -No person at or near any fire or emergency shall conduct himself in a -disorderly manner or neglect or refuse to promptly obey any order of the -fire chief or his assistants relative to such fire; and no person shall -resist, obstruct, hinder or abuse any officer of the fire department or -any firefighter in the proper discharge of his duty. -.IP " 3." 4 -Every police officer present at a fire shall keep back all persons who -are in the way or impeding the work of the fire department, and so far -as possible protect all property from loss or injury, and cooperate with -and assist the fire department in every way possible while at the fire. -The fire chief or an assistant fire chief or any police officer shall -have the power to designate persons to guard any goods. -.IP " 4." 4 -No person shall follow or block the way of any emergency vehicle engaged -in emergency run, or knowingly interfere with officers at the location -of any fire or emergency. -.LP -(Code 1999, § 10-616; Ord. -No. -506, 2-5-1990, in part) -.PP -\f[B]State Law reference\f[R]\[em] Interfering with firefighters, 21 -O.S. -§ 1217. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-616_Tampering_With_Signs,_Equipment" -A "\c" \ - -- "Sec 10-616 Tampering With Signs, Equipment" -\& -.LP -It is unlawful for any person to tamper with any signs, signal equipment -or other device placed, operated and maintained by the city in -connection with the administration of its code provisions, ordinances, -regulations, services, functions or performance of duties thereto. -.PP -(Code 1999, § 10-617; Ord. -No. -506, 2-5-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-617_Interfering_With_Police_Dog_In_Performing_Functions_Or_Duties" -A "\c" \ - -- "Sec 10-617 Interfering With Police Dog In Performing Functions Or Duties" -\& -.LP -It is unlawful and an offense for any person to interfere with, tease, -meddle with, throw objects at or toward, torture, torment, injure, beat, -strike, kick, mutilate, disable or kill any dog used by the police -department of the city, or any member thereof, in the performance of the -functions or duties of the department. -.PP -(Prior Code, § 16-131; Code 1999, § 10-618) -.PP -\f[B]State Law reference\f[R]\[em] Crimes against police dogs, 21 O.S. -§ 649.2. -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-618_Destroying,_Tampering_With_Evidence" -A "\c" \ - -- "Sec 10-618 Destroying, Tampering With Evidence" -\& -.LP -It is unlawful to destroy, alter, conceal or disguise physical evidence, -plant false evidence or furnish false information to an officer which -impedes that or another officer in the performance of his duties, or -which is intended to prevent the apprehension or to obstruct the -prosecution or defense of any person. -.PP -(Code 1999, § 10-619; Ord. -No. -506, 2-5-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-7_GANG-RELATED_ACTIVITIES" -A "\c" \ - -- "CHAPTER 10-7 GANG-RELATED ACTIVITIES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-701_Prohibition_Of_Gang-Related_Criminal_Activity" -A "\c" \ - -- "Sec 10-701 Prohibition Of Gang-Related Criminal Activity" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-702_Definitions" -A "\c" \ - -- "Sec 10-702 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-703_Offense" -A "\c" \ - -- "Sec 10-703 Offense" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-704_Buildings_Or_Place_Used_By_Gang_Members_As_Nuisance" -A "\c" \ - -- "Sec 10-704 Buildings Or Place Used By Gang Members As Nuisance" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Gang-related offenses, 21 O.S. -§ 856.3. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-701_Prohibition_Of_Gang-Related_Criminal_Activity" -A "\c" \ - -- "Sec 10-701 Prohibition Of Gang-Related Criminal Activity" -\& -.LP -The city declares that the city is in the early stages of a crisis, -which has been caused by violent street gangs whose members threaten, -terrorize and commit a multitude of crimes against the peaceful citizens -of this community. -These criminal activities, both individually and collectively, present a -clear and present danger to public order and safety and are not -constitutionally protected activities. -It is the intent of the city council to prohibit, reduce, and eradicate -criminal activity by street gangs by focusing upon patterns of criminal -activity and upon the organized nature of street gangs, which together -are the chief source of terror created by street gangs. -.PP -(Code 1999, § 10-701; Ord. -No. -7(91), 12-16-1991) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-702_Definitions" -A "\c" \ - -- "Sec 10-702 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Criminal street gang\f[R] means any ongoing organization, -association, or group of three or more persons, whether formal or -informal, which has as one of its primary activities the commission of -one or more of the criminal acts enumerated in this section as part of -the definition for the term \[dq]pattern of criminal street gang -activity\[dq] or which has a common name or common identifying sign, -color or symbol, whose members individually or collectively engage in or -have engaged in a pattern of criminal gang activity. -.PP -\[dq]\f[I]Pattern of criminal street gang activity\f[R]\[dq] of two or -more of the commission, attempted commission, or solicitation, provided -at least one of the offenses occurred after the enactment of this -chapter and at least one offense occurred following Code offenses by any -members of a criminal gang, on separate occasions within a three-year -period, for the purpose of furthering gang activity: -.PP -.na -.nr LLold \n[LL] -.TS -delim(@@) tab( ); -lw(35.0n) lw(35.0n). -T{ -.nr LL 35.0n -Offense -.br -T} T{ -.nr LL 35.0n -Relevant Code Provision -.br -T} -T{ -.nr LL 35.0n -Assault and battery -.br -T} T{ -.nr LL 35.0n -10-201 -.br -T} -T{ -.nr LL 35.0n -Reckless conduct -.br -T} T{ -.nr LL 35.0n -10-204(B) -.br -T} -T{ -.nr LL 35.0n -Petit larceny -.br -T} T{ -.nr LL 35.0n -10-301 -.br -T} -T{ -.nr LL 35.0n -Possession of stolen property -.br -T} T{ -.nr LL 35.0n -10-304 -.br -T} -T{ -.nr LL 35.0n -Defacing building, damaging property -.br -T} T{ -.nr LL 35.0n -10-310 -T} -T{ -.nr LL 35.0n -Damaging private property -.br -T} T{ -.nr LL 35.0n -10-312 -T} -T{ -.nr LL 35.0n -Damaging or tampering with motor vehicle -.br -T} T{ -.nr LL 35.0n -10-314 -T} -T{ -.nr LL 35.0n -Throwing or shooting at persons or property -.br -T} T{ -.nr LL 35.0n -10-320 -T} -T{ -.nr LL 35.0n -Possession of marijuana and drug paraphernalia -.br -T} T{ -.nr LL 35.0n -10-502 and 10-503 -.br -T} -T{ -.nr LL 35.0n -Disorderly house -.br -T} T{ -.nr LL 35.0n -10-510 -T} -T{ -.nr LL 35.0n -Prostitution -.br -T} T{ -.nr LL 35.0n -10-513 -T} -T{ -.nr LL 35.0n -Offenses near schools -.br -T} T{ -.nr LL 35.0n -10-514 -T} -.TE -.nr LL \n[LLold] -.ad -.LP -\f[I]Youthful and street gang member\f[R] means a person who engages in -a pattern of youth and street gang activity and meets two or more of the -following criteria: -.IP " 1." 4 -Admits to gang membership; -.IP " 2." 4 -Is a youth under the age of 21 years who is identified as a gang member -by a parent or guardian; -.IP " 3." 4 -Is identified as a gang member by a documented reliable informant; -.IP " 4." 4 -Resides in or frequents a particular gang\[aq]s area and adopts their -style of dress, their use of hand signs, or their tattoos, and -associates with known gang members; -.IP " 5." 4 -Is identified as a gang member by an informant of previously untested -reliability and such identification is corroborated by independent -information; -.IP " 6." 4 -Has been arrested more than once in the company of identified gang -members for offenses which are consistent with usual gang activity; -.IP " 7." 4 -Is identified as a gang member by physical evidence, such as photographs -or other documentation; and -.IP " 8." 4 -Has been stopped in the company of known gang members four or more -times. -.LP -(Code 1999, § 10-702; Ord. -No. -7(91), 12-16-1991) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-703_Offense" -A "\c" \ - -- "Sec 10-703 Offense" -\& -.LP -Any criminal street gang member or youth street gang member convicted of -the foregoing violations while in furtherance of a pattern of criminal -gang activity shall be punished as provided in section 1-108. -.PP -(Code 1999, § 10-703; Ord. -No. -7(91), 12-16-1991) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-704_Buildings_Or_Place_Used_By_Gang_Members_As_Nuisance" -A "\c" \ - -- "Sec 10-704 Buildings Or Place Used By Gang Members As Nuisance" -\& -.LP -Every building or place used by members of a criminal street gang or -youth street gang for the purpose of the commission of the offenses -listed in section 10-702 or any offense involving dangerous or deadly -weapons, burglary, rape or narcotic trafficking and every building or -place wherein or upon which that criminal conduct by gang members takes -place is a nuisance which shall be enjoined, abated, and prevented as -provided in part 8, chapter 1, whether it is a public or private -nuisance. -Injunctions requested pursuant to this provision shall be limited to -those necessary to protest the health and safety of the residents or the -public or those necessary to prevent further criminal activity. -No nonprofit or charitable organization which is conducting its affairs -with ordinary care and skill, and no governmental entity, shall be -abated pursuant to this section. -Nothing in this chapter or in part 8, chapter 1 shall preclude any -aggrieved person from seeking any other remedy provided by law. -.PP -(Code 1999, § 10-704; Ord. -No. -7(91), 12-16-1991) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-8_JUVENILE_OFFENSES" -A "\c" \ - -- "CHAPTER 10-8 JUVENILE OFFENSES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-801_Jurisdiction_Of_Juvenile_Offenders" -A "\c" \ - -- "Sec 10-801 Jurisdiction Of Juvenile Offenders" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-802_Exceptions" -A "\c" \ - -- "Sec 10-802 Exceptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-803_Failure_To_Comply_With_Written_Promise_To_Appear_With_Juvenile" -A "\c" \ - -- "Sec 10-803 Failure To Comply With Written Promise To Appear With Juvenile" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-804_Parental_Responsibility_For_Juvenile_Court_Fines" -A "\c" \ - -- "Sec 10-804 Parental Responsibility For Juvenile Court Fines" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-805_General_And_Specific_Penalties" -A "\c" \ - -- "Sec 10-805 General And Specific Penalties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-806_Truancy" -A "\c" \ - -- "Sec 10-806 Truancy" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-807_Skateboarding_Prohibited" -A "\c" \ - -- "Sec 10-807 Skateboarding Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-808_Runaway_Prohibited" -A "\c" \ - -- "Sec 10-808 Runaway Prohibited" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-801_Jurisdiction_Of_Juvenile_Offenders" -A "\c" \ - -- "Sec 10-801 Jurisdiction Of Juvenile Offenders" -\& -.LP -The city municipal court may assume jurisdiction of juvenile offenders, -unless otherwise excepted from the jurisdiction of the municipal court, -who have been charged with a violation of a municipal ordinance, and -which relate to at least one of the following offenses: -.br -.PP -.na -.nr LLold \n[LL] -.TS -delim(@@) tab( ); -lw(35.0n) lw(35.0n). -T{ -.nr LL 35.0n -Assault -.br -T} T{ -.nr LL 35.0n -10-202 -T} -T{ -.nr LL 35.0n -Battery -.br -T} T{ -.nr LL 35.0n -10-203 -T} -T{ -.nr LL 35.0n -Curfew violation -.br -T} T{ -.nr LL 35.0n -10-505 -T} -T{ -.nr LL 35.0n -Disorderly conduct -.br -T} T{ -.nr LL 35.0n -10-403 -T} -T{ -.nr LL 35.0n -Petty larceny and larceny of lost property -.br -T} T{ -.nr LL 35.0n -10-301 -T} -T{ -.nr LL 35.0n -Damaging private property -.br -T} T{ -.nr LL 35.0n -10-312 -T} -T{ -.nr LL 35.0n -Disturbing the peace -.br -T} T{ -.nr LL 35.0n -10-401 -T} -T{ -.nr LL 35.0n -Public intoxication -.br -T} T{ -.nr LL 35.0n -10-501 -T} -T{ -.nr LL 35.0n -Possession of marijuana -.br -T} T{ -.nr LL 35.0n -10-502 -T} -T{ -.nr LL 35.0n -Possession of drug paraphernalia -.br -T} T{ -.nr LL 35.0n -10-503 -T} -T{ -.nr LL 35.0n -Transportation of low-point beer in a moving vehicle -.br -T} T{ -.nr LL 35.0n -3-210 -T} -T{ -.nr LL 35.0n -Minors in possession of low-point beer, prohibited while in public -.br -T} T{ -.nr LL 35.0n -3-211 -T} -T{ -.nr LL 35.0n -Minors in possession of intoxicating beverages in public prohibited -.br -T} T{ -.nr LL 35.0n -3-109 -T} -T{ -.nr LL 35.0n -Possession of tobacco products -.br -T} T{ -.nr LL 35.0n -10-517 -T} -T{ -.nr LL 35.0n -Graffiti -.br -T} T{ -.nr LL 35.0n -8-1001 to 8-1008 -.br -T} -T{ -.nr LL 35.0n -Failure to appear -.br -T} T{ -.nr LL 35.0n -6-115 -T} -T{ -.nr LL 35.0n -Attempt to commit an offense -.br -T} T{ -.nr LL 35.0n -10-101 -T} -T{ -.nr LL 35.0n -Trespassing prohibited -.br -T} T{ -.nr LL 35.0n -10-317 -T} -T{ -.nr LL 35.0n -Noise -.br -T} T{ -.nr LL 35.0n -10-411 to 10-416 -.br -T} -T{ -.nr LL 35.0n -Offenses near schools -.br -T} T{ -.nr LL 35.0n -10-514 -T} -T{ -.nr LL 35.0n -Assaulting city officer -.br -T} T{ -.nr LL 35.0n -10-605 -T} -T{ -.nr LL 35.0n -Resisting a police officer -.br -T} T{ -.nr LL 35.0n -10-606 -T} -T{ -.nr LL 35.0n -Fireworks prohibited -.br -T} T{ -.nr LL 35.0n -10-328 -T} -T{ -.nr LL 35.0n -Littering prohibited -.br -T} T{ -.nr LL 35.0n -10-322 -T} -T{ -.nr LL 35.0n -Skateboarding prohibited -.br -T} T{ -.nr LL 35.0n -10-807 -T} -T{ -.nr LL 35.0n -Attempting to elude a police officer -.br -T} T{ -.nr LL 35.0n -10-608 -T} -T{ -.nr LL 35.0n -Mandatory school attendance -.br -T} T{ -.nr LL 35.0n -10-806 -T} -T{ -.nr LL 35.0n -Harmful deception -.br -T} T{ -.nr LL 35.0n -10-309 -T} -T{ -.nr LL 35.0n -Harassing phone calls -.br -T} T{ -.nr LL 35.0n -10-509 -T} -.TE -.nr LL \n[LLold] -.ad -.LP -(Code 1999, § 10-800; Ord. -No. -337(01), 10-15-2001; Ord. -No. -381(02), 10-7-2002; Ord. -No. -444(04), 2-1-2004) -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-802_Exceptions" -A "\c" \ - -- "Sec 10-802 Exceptions" -\& -.IP " 1." 4 -The municipal court for the city will decline jurisdiction of offenders, -known to the court, who are presently under the supervision or treatment -of the district court system and/or have charges pending there or -elsewhere in the state. -.IP " 2." 4 -The municipal court of the city, to the best of its knowledge, will -decline jurisdiction of offenders who have previously been certified as -an adult for any purpose, pursuant to 10A O.S. -§ 2-5-205. -.LP -(Code 1999, § 10-801; Ord. -No. -337(01), 10-15-2001) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-803_Failure_To_Comply_With_Written_Promise_To_Appear_With_Juvenile" -A "\c" \ - -- "Sec 10-803 Failure To Comply With Written Promise To Appear With Juvenile" -\& -.LP -Any person who fails to voluntarily appear before the court with a -juvenile defendant on the appointed date and time, regardless of the -disposition of the charge for which the citation was originally issued -to the juvenile defendant, after having such juvenile defendant released -to his care and control and pursuant to a signed promise to appear with -the juvenile shall be guilty of an offense. -.PP -(Code 1999, § 10-802; Ord. -No. -337(01), 10-15-2001) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-804_Parental_Responsibility_For_Juvenile_Court_Fines" -A "\c" \ - -- "Sec 10-804 Parental Responsibility For Juvenile Court Fines" -\& -.LP -Any person who is a parent, legal guardian, or legal custodian of a -juvenile defendant shall assure the municipal court that any fines -assessed against the juvenile shall be promptly paid. -If fines assessed against a juvenile in juvenile court remain unpaid -after 90 days, the fines, along with administrative fees and court -costs, shall be assessed against the parent, legal guardian, or legal -custodian. -Any person who fails to remit the assessed amount within 15 days from -issuance of a summons shall be guilty of an offense. -.PP -(Code 1999, § 10-803; Ord. -No. -337(01), 10-15-2001) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-805_General_And_Specific_Penalties" -A "\c" \ - -- "Sec 10-805 General And Specific Penalties" -\& -.IP " 1." 4 -Any juvenile convicted of violating the ordinances enumerated in section -10-800, where no specific penalty is provided therefor, shall be -punished pursuant to section 1-108. -.IP " 2." 4 -Any juvenile convicted of violating section 10-517 shall be punished by -a fine for a first offense, not exceeding $50.00, and for a second and -subsequent offense by a fine not exceeding $100.00. -.IP " 3." 4 -The following specific offenses, unless otherwise provided in this Code, -shall be punished by a fine not exceeding $500.00. -.RS 4 -.IP " 1." 4 -Possession of marijuana or other controlled substance; possession of -drug paraphernalia -.IP " 2." 4 -Graffiti. -.IP " 3." 4 -Battery of an officer. -.IP " 4." 4 -Eluding a police officer. -.RE -.LP -(Code 1999, § 10-806; Ord. -No. -377(02), 8-19-2002) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327416_Ordinance%20No.%20819%20(16).pdf" -A "\c" \ - -- "819(16)" -\& on 4/18/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-806_Truancy" -A "\c" \ - -- "Sec 10-806 Truancy" -\& -.IP " 1." 4 -It shall be unlawful for a parent, guardian, or other person having -custody of a child who is over the age of five years and under the age -of 18 years to neglect or refuse to cause or compel such child to attend -and comply with the rules of some public, private or other school. -.IP " 2." 4 -It shall be unlawful for any child who is over the age of 12 and under -the age of 18 years, and who has not finished four years of high school -work, to neglect or refuse to attend and comply with the rules of some -public, private or other school, or receive an education by other means -for the full term the schools of the district are in session, provided -that this section shall not apply if any such child: -.RS 4 -.IP " 1." 4 -Is prevented from attending school by reason of mental or physical -ability, to be determined by the board of education of the district upon -a certificate of the school physician or public health physician or, if -no such physician is available, a duly licensed and practicing -physician; -.IP " 2." 4 -Is excused from attendance at school, due to an emergency, by the -principal teacher of the school in which the child is enrolled, at the -request of the parent, guardian, custodian or other person having -control of such child; -.IP " 3." 4 -Who has attained his 16th birthday is excused from attending school by -the school administrator of the school district where the child attends -school, and the parent, guardian or custodian of the child, provided -that no such child shall be excused from attending school by such joint -agreement between a school administrator and the parent, guardian or -custodian of the child unless and until it has been determined that such -action is for the best interest of the child and/or the community, and -that such child shall thereafter be under the supervision of the parent, -guardian or custodian until the child has reached the age of 18 years. -.RE -.IP " 3." 4 -Any parent, guardian, custodian, child or other person violating any of -the provision of this section, upon conviction, shall be guilty of a -misdemeanor, and shall be punished by a fine not exceeding that allowed -by law. -Each day the child remains out of school after the oral and documented -or written warning has been given to the parent, guardian, custodian, -child or other person or the child has been ordered to school by the -juvenile court, may constitute a separate offense. -At the trial of any person charged with violating the provisions of this -section, the attendance records of the child, or ward, may be presented -in court by any authorized employee of the school or the school resource -officer. -.LP -(Code 1999, § 10-807; Ord. -No. -379(02)-B, 10-7-2002; Ord. -No. -437(03), 12-15-2003) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-807_Skateboarding_Prohibited" -A "\c" \ - -- "Sec 10-807 Skateboarding Prohibited" -\& -.LP -It is unlawful for any person riding in or on, or by means of any -skateboard, roller skates, roller blades, coaster, or similar device to -go in or on the following prohibited areas: -.IP " 1." 4 -Any private property open to the public which is specifically -hereinafter listed, provided the area is clearly and conspicuously -posted with signs stating \[dq]Skating and Skateboarding Prohibited -(Moore Code Section 10-807).\[dq] -.RS 4 -.IP " 1." 4 -On walls, steps, or railings of a shopping center, business, or -nonprofit establishment. -.IP " 2." 4 -Parking lots of a shopping center, business, or nonprofit establishment. -.IP " 3." 4 -Driveways of a shopping center, business, or nonprofit establishment. -.IP " 4." 4 -Sidewalks and pedestrian ways within a shopping center, business, or -nonprofit establishment. -.RE -.IP " 2." 4 -Walls, steps, railings, driveways, or parking lots on public property -(public schools), provided the area is clearly and conspicuously posted -with signs stating \[dq]Skating and Skateboarding Prohibited (Moore Code -Section 10-807).\[dq] -.LP -(Code 1999, § 10-808; Ord. -No. -380(02), 10-7-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-808_Runaway_Prohibited" -A "\c" \ - -- "Sec 10-808 Runaway Prohibited" -\& -.IP " 1." 4 -A runaway shall be defined as any unemancipated minor who has been -reported to law enforcement as being voluntarily absent from the home -without a compelling reason, without the consent of a custodial parent -or other custodial adult and without the parent or other custodial -adult\[aq]s knowledge as to the child\[aq]s whereabouts. -.IP " 2." 4 -Compelling reason means imminent danger from incest, a life-threatening -situation, or equally traumatizing circumstance. -.IP " 3." 4 -It shall be unlawful and an offense to be a runaway. -.IP " 4." 4 -It shall be the responsibility of the custodial parent or other -custodial adult to notify the appropriate law enforcement agency of the -runaway status. -.IP " 5." 4 -If the court deems it to be in the best interest of the child, a minor -cited as a runaway shall be referred to social services for counseling. -.LP -(Code 1999, § 10-809; Ord. -No. -472(04), § 1, 8-16-2004) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_11_PARKS,_RECREATION_AND_CEMETERY" -A "\c" \ - -- "PART 11 PARKS, RECREATION AND CEMETERY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-1_PARKS_AND_RECREATION" -A "\c" \ - -- "CHAPTER 11-1 PARKS AND RECREATION" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-2_LIBRARY" -A "\c" \ - -- "CHAPTER 11-2 LIBRARY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-3_CEMETERY" -A "\c" \ - -- "CHAPTER 11-3 CEMETERY" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-1_PARKS_AND_RECREATION" -A "\c" \ - -- "CHAPTER 11-1 PARKS AND RECREATION" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1A_GENERAL_PROVISIONS" -A "\c" \ - -- "ARTICLE 11-1A GENERAL PROVISIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1B_RULES_AND_REGULATIONS" -A "\c" \ - -- "ARTICLE 11-1B RULES AND REGULATIONS" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Parks and recreation, 11 O.S. -§ 33-101 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1A_GENERAL_PROVISIONS" -A "\c" \ - -- "ARTICLE 11-1A GENERAL PROVISIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-101_Park_Board_Created" -A "\c" \ - -- "Sec 11-101 Park Board Created" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-102_Organization_And_Procedures" -A "\c" \ - -- "Sec 11-102 Organization And Procedures" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-103_Power_And_Duties" -A "\c" \ - -- "Sec 11-103 Power And Duties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-104_Compensation" -A "\c" \ - -- "Sec 11-104 Compensation" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-101_Park_Board_Created" -A "\c" \ - -- "Sec 11-101 Park Board Created" -\& -.IP " 1." 4 -A park board consisting of seven members shall be appointed by the city -council for three-year terms, with at least one member appointed from -each ward. -In the initial creation of the board, two members shall be appointed for -one year; two members shall be appointed for two years; and three -members shall be appointed for three years. -\&. -All current members, if reappointed, may serve two additional three (3) -year terms or until July 31, 2027. -New members appointed after the effective date of this ordinance shall -be limited to three consecutive three year terms. -Former members of the park board shall be eligible for reappointment -after the expiration of one three year term. -Appointment to the park board to fill an unexpired term shall not be -considered as a full term. -The city manager or his designee shall be an ex officio member of the -board, shall advise and consult with the board, but shall have no vote -on matters coming before the board. -.IP " 2." 4 -Vacancies in the park board shall be filled as in the original instance -by the city council for the unexpired term. -If a member ceases to be a resident of the city, his term shall -automatically terminate. -.IP " 3." 4 -The office of any member of the park board who shall not attend meetings -of the board of three successive meetings after having been notified in -writing thereof, without reason satisfactory to the city council, shall -be declared by the city council to be vacant. -.LP -(Prior Code, § 17-16; Code 1999, § 11-101; Ord. -No. -52(93), 3-1993; Ord. -No. -171(96), 10-7-1994) -HISTORY -.br -\f[I]Approved by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1637096326_994.21.pdf" -A "\c" \ - -- "994(21)" -\& on 11/15/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-102_Organization_And_Procedures" -A "\c" \ - -- "Sec 11-102 Organization And Procedures" -\& -.LP -The park board shall elect from its membership a chairman, vice-chairman -and secretary for terms of one year. -Such elections shall be held at the time of the board\[aq]s annual -meeting each year, which shall be in November. -The board shall adopt and modify from time to time as needed rules, -bylaws and administrative procedures for the orderly transaction of its -business. -Such rules, bylaws or procedures shall be filed with the city clerk. -The park board shall establish the time, place and frequency of its -meetings for the following calendar year at the annual meeting and cause -same to be filed in compliance with the Oklahoma Open Meeting Act. -.PP -(Prior Code, § 17-16; Code 1999, § 11-102; Ord. -No. -52(93), 3-1993; Ord. -No. -171(96), 10-7-1994) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ - -- "840(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-103_Power_And_Duties" -A "\c" \ - -- "Sec 11-103 Power And Duties" -\& -.IP " 1." 4 -The park board shall act as an advisory board to the city council with -reference to city parks and recreation facilities within the city. -The board shall make recommendations with reference to the operation of -the city parks and recreation facilities and recommendations as to rules -and regulations concerning the use of the parks and recreation -facilities by the public. -The board shall also make recommendations to the city council with -reference to the beautification and improvement of the parks and -recreation facilities. -.IP " 2." 4 -The board shall make recommendations to the city council with regard to -planning for future development of the parks, and the safety of the -public in general in enjoying and using the parks and recreation -facilities as it deems necessary. -.IP " 3." 4 -The park board shall make recommendations, as it deems appropriate, for -the overall physical development and improvement of the parks and -recreation facilities of the city. -It may consult any and all civic organizations, clubs or associations -desiring to contribute to or make improvements to the parks and -recreation facilities of the city. -.LP -(Prior Code, § 17-16; Code 1999, § 11-103; Ord. -No. -52(93), 3-1993; Ord. -No. -171(96), 10-7-1994) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ - -- "840(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-104_Compensation" -A "\c" \ - -- "Sec 11-104 Compensation" -\& -.LP -The park board shall serve without pay. -The necessary expenses incurred by such board shall be paid from the -city treasury as other legal expenses of city government. -No expenses shall be incurred by the board without prior approval of the -city council. -.PP -(Prior Code, § 17-16; Code 1999, § 11-104; Ord. -No. -52(93), 3-1993; Ord. -No. -171(96), 10-7-1994) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ - -- "840(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1B_RULES_AND_REGULATIONS" -A "\c" \ - -- "ARTICLE 11-1B RULES AND REGULATIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-112_Motorized_Vehicles" -A "\c" \ - -- "Sec 11-112 Motorized Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-113_Closing_Hours_For_Parks" -A "\c" \ - -- "Sec 11-113 Closing Hours For Parks" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-114_Glass_Containers_Prohibited" -A "\c" \ - -- "Sec 11-114 Glass Containers Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-115_Penalty" -A "\c" \ - -- "Sec 11-115 Penalty" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-116_Prohibiting_Animals_From_City_Parks" -A "\c" \ - -- "Sec 11-116 Prohibiting Animals From City Parks" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-117_Swimming_Prohibited_In_City_Park,_Property_Owned_Or_Maintained_By_City" -A "\c" \ - -- "Sec 11-117 Swimming Prohibited In City Park, Property Owned Or Maintained By City" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-118_Development_Restrictions_For_Parkland_Located_In_Section_24,_Township_10_North,_Range_3_West_Of_The_I.M.,_Moore,_Cleveland_County,_Oklahoma" -A "\c" \ - -- "Sec 11-118 Development Restrictions For Parkland Located In Section 24, Township 10 North, Range 3 West Of The I.M., Moore, Cleveland County, Oklahoma" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-112_Motorized_Vehicles" -A "\c" \ - -- "Sec 11-112 Motorized Vehicles" -\& -.LP -No motorized vehicle shall be permitted in any park except: -.IP " 1." 4 -Vehicles operated by the city or under contract to the city; -.IP " 2." 4 -Vehicles entering, exiting or being parked or stored, where part is -designed and maintained for entrance, exit, parking or storage of -motorized vehicles. -.LP -(Prior Code, § 17-1; Code 1999, § 11-112) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ - -- "840(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-113_Closing_Hours_For_Parks" -A "\c" \ - -- "Sec 11-113 Closing Hours For Parks" -\& -.IP " 1." 4 -All city parks shall be closed to the public at 12:01 a.m. -and remained closed until 6:00 a.m. -each day unless otherwise designated; provided, however, that for -programs or events sponsored or approved by the city, or for which a -city permit has been issued, the hours of peroration may be extended -during any such program or event and for a period of 60 minutes -following the conclusion of such program or event. -.IP " 2." 4 -Little River Park shall be closed to the public at 10:00 p.m. -until 6:00 a.m. -each day. -The grounds of Central Park shall be closed to the public at 12:00 -midnight until 5:00 a.m. -each day. -.IP " 3." 4 -Signs stating park hours will be posted prominently in each park. -.IP " 4." 4 -Any person found in violation of this section shall be subject to -punishment as provided in section 1-108. -.LP -(Prior Code, § 17-2; Code 1999, § 11-113; Ord. -No. -87(94), 7-18-1994) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ - -- "840(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-114_Glass_Containers_Prohibited" -A "\c" \ - -- "Sec 11-114 Glass Containers Prohibited" -\& -.LP -It is unlawful and an offense for any person to take or carry glass -bottles, jars or containers into any city park. -With the exception of the Fourth of July celebration where wine tasting -and sales are permitted by proper licensing. -.PP -(Code 1999, § 11-114; Ord. -No. -411, 8-4-1986) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ - -- "840(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-115_Penalty" -A "\c" \ - -- "Sec 11-115 Penalty" -\& -.LP -It is unlawful of any person to use any recreational facilities owned or -operated by the city without having complied with the rules and -regulations promulgated by the city in connection therewith. -Any violation of rules and regulations, or failure to comply with such, -shall be guilty of an offense. -.PP -(Prior Code, § 17-3; Code 1999, § 11-115) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ - -- "840(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-116_Prohibiting_Animals_From_City_Parks" -A "\c" \ - -- "Sec 11-116 Prohibiting Animals From City Parks" -\& -.IP " 1." 4 -Subject to 7 O.S. -§ 19.1: -.RS 4 -.IP " 1." 4 -No animals shall be permitted within posted areas of any and all -athletic fields owned by the city during times of competition. -Times of competition shall include a reasonable time prior to and -following completion of any competition. -.IP " 2." 4 -Animals shall not be permitted within the Buck Thomas Park during the -time scheduled for the annual Fourth of July celebration, unless the -animal is the main attraction of any booth or amusement ride, including, -but not limited to, pony rides. -.IP " 3." 4 -In addition, animals shall not be permitted within Buck Thomas Park, or -any other park, in any area and time as designated and posted by the -parks and recreation department, with the exception of the any area of a -park designated as a dog park. -.RE -.IP " 2." 4 -Any person found to be in violation of this section shall be punished as -authorized by section 1-108. -.LP -(Code 1999, § 11-116; Ord. -No. -515(05), 8-15-2005) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ - -- "840(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-117_Swimming_Prohibited_In_City_Park,_Property_Owned_Or_Maintained_By_City" -A "\c" \ - -- "Sec 11-117 Swimming Prohibited In City Park, Property Owned Or Maintained By City" -\& -.IP " 1." 4 -No person shall be allowed to swim, bath, dive or wade in any of the -following areas owned or maintained by the city: city park, pond, -retention pond, creek, stream, brook or drainage ditch, except in -city-operated municipal swimming pools or unless specifically authorized -by special permit approved by the city manager. -.IP " 2." 4 -It is unlawful for a parent of a child (under 18 years of age) or the -guardian of a ward to knowingly permit, or by inefficient control to -allow, such child to violate subsection (A) of this section under -circumstances not constituting an exception. -.IP " 3." 4 -The term \[dq]knowingly\[dq] includes knowledge which a parent, or legal -guardian, should reasonably be expected to have concerning the -whereabouts of a child in that parent\[aq]s or person\[aq]s custody. -.IP " 4." 4 -Any person found in violation of this section shall be subject to -punishment as provided in section 1-108. -.LP -(Code 1999, § 11-117; Ord. -No. -588(07), 5-21-2007) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf" -A "\c" \ - -- "840(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-118_Development_Restrictions_For_Parkland_Located_In_Section_24,_Township_10_North,_Range_3_West_Of_The_I.M.,_Moore,_Cleveland_County,_Oklahoma" -A "\c" \ - -- "Sec 11-118 Development Restrictions For Parkland Located In Section 24, Township 10 North, Range 3 West Of The I.M., Moore, Cleveland County, Oklahoma" -\& -.LP -A. The City of Moore shall own and maintain a park or open space -complying with all development restrictions set forth in this Section. -The legal description of said park or open space is a follows: -.br -.PP -Tract 1: The North 350.00 feet of the West Half of the Southeast Quarter -(W/2 SE/4), Section 24, Township 10 North, Range 3 West, of the I.M., -Moore, Cleveland County, Oklahoma, being more particularly described as -follows: Beginning at the Northwest Corner of said West Half of the -Southeast Quarter (W/2 SE/4); thence S. 89° 29\[cq] 48\[rq] E. on the -North line of said West Half of the Southeast Quarter (W/2 SE/4) for a -distance of 1,308.12 feet to the Northeast Corner of the West Half of -the Southeast Quarter (W/2 SE/4), said line also being on the South line -of Block 15, J. D. Estates, an addition to Moore, Oklahoma; thence S. -00° 17\[cq] 34\[rq] W. on the East line of said West Half of the -Southeast Quarter (W/2 SE/4) for a distance of 350.00 feet; thence N. -89° 29\[cq] 48\[rq] W. and parallel with the North line of said West -Half of the Southeast Quarter (W/2 SE/4) for a distance of 1,307.53 feet -to a point on the West line of said West Half of the Southeast Quarter -(W/2 SE/4), said point also being on the East line of Lot A, Block 3, -Suntree Park, an Addition to Moore, Oklahoma; thence N. 00° 11\[cq] -45\[rq] E. and on the West line of said West half of the Southeast -Quarter (W/2 SE/4) and on the East line of said Suntree Park Addition -for a distance of 350.00 feet, the point of place and beginning, and -containing 10.51 acres, more or less; and -.br -.PP -Tract 2: Lot Two (2) in Block Twenty-Nine (29), of Eastmoor Addition, -Blocks 19 thru 29, inclusive, an Addition to Moore, Cleveland County, -Oklahoma, according to the recorded plat thereof; and Tract 3: Lot One -(1), Block Twenty-nine (29), in Eastmoor Addition to the City of Moore, -Cleveland County, Oklahoma, according to the recorded plat thereof; and -Tract 4: Lots One (1) through Four (4), Block Fifteen (15), in J-D -Estates, an Addition to the City of Moore, Cleveland County, Oklahoma, -according to the recorded plat thereof. -.br -.PP -B. The park or open space as described in subsection A of this Section -shall be used only as an open greenspace or park area. -All other uses of the property, including but not limited to those -listed below, are prohibited: -.PP -1. -Water Wells; -.PP -2. -Swimming Pools; -.PP -3. -Storm Shelters; and -.PP -4. -Splash Pads. -.PP -C. No soil excavation shall occur at the park or open space as described -in the subsection A of this Section that extends beyond five (5) feet -below ground surface. -.PP -.br -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1012.22.pdf" -A "\c" \ - -- "1012.22" -\& on 7/18/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-2_LIBRARY" -A "\c" \ - -- "CHAPTER 11-2 LIBRARY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-201_Library_Board_Created" -A "\c" \ - -- "Sec 11-201 Library Board Created" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-202_Powers_And_Duties" -A "\c" \ - -- "Sec 11-202 Powers And Duties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-203_Rules_And_Regulations" -A "\c" \ - -- "Sec 11-203 Rules And Regulations" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Municipal libraries, 11 O.S. -§ 31-101 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-201_Library_Board_Created" -A "\c" \ - -- "Sec 11-201 Library Board Created" -\& -.LP -There is hereby created a library board which shall be composed of five -members, to be appointed by the council to serve without compensation -for staggered terms of three years. -The city manager shall be an ex-officio member of the board, shall -advise and consult with the board, but shall have no vote on matters -coming before the board. -.PP -(Prior Code, § 13-16; Code 1999, § 11-201) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-202_Powers_And_Duties" -A "\c" \ - -- "Sec 11-202 Powers And Duties" -\& -.LP -The powers and duties of the library board shall be those set out and -contained in 11 O.S. -§§ 31-101, 31-102, 31-104\[em]31-108, and as may be further established -from time to time. -.PP -(Prior Code, § 13-17; Code 1999, § 11-202) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-203_Rules_And_Regulations" -A "\c" \ - -- "Sec 11-203 Rules And Regulations" -\& -.LP -The library board shall elect a chairman, vice-chairman and secretary -from among their members to serve for terms of one year, and shall make -rules for the regulation of business of the board. -A copy of such rules shall be filed with the city clerk and shall -govern, among other thing, the time, place and frequency of meetings and -any matter not inconsistent with any provision of this chapter. -.PP -(Prior Code, § 13-18; Code 1999, § 11-203) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-3_CEMETERY" -A "\c" \ - -- "CHAPTER 11-3 CEMETERY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-301_Cemeteries_Established" -A "\c" \ - -- "Sec 11-301 Cemeteries Established" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-302_Cemetery_Care_Fund" -A "\c" \ - -- "Sec 11-302 Cemetery Care Fund" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-303_Expenditure_And_Control" -A "\c" \ - -- "Sec 11-303 Expenditure And Control" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-304_Prices_Of_Lots" -A "\c" \ - -- "Sec 11-304 Prices Of Lots" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-305_Deeds_To_Lots" -A "\c" \ - -- "Sec 11-305 Deeds To Lots" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-306_Fees_For_Setting_Monuments_And_Grave_Staking" -A "\c" \ - -- "Sec 11-306 Fees For Setting Monuments And Grave Staking" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-307_No_Action_To_Be_Taken_Until_Fee_Is_Paid" -A "\c" \ - -- "Sec 11-307 No Action To Be Taken Until Fee Is Paid" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-308_Erection_Of_Monuments_And_Improvements" -A "\c" \ - -- "Sec 11-308 Erection Of Monuments And Improvements" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-309_Defacing_Property" -A "\c" \ - -- "Sec 11-309 Defacing Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-310_Removal_Of_Flowers_And_Decorative_Items" -A "\c" \ - -- "Sec 11-310 Removal Of Flowers And Decorative Items" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-311_Motorized_Vehicles" -A "\c" \ - -- "Sec 11-311 Motorized Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-312_Council_May_Adopt_Rules" -A "\c" \ - -- "Sec 11-312 Council May Adopt Rules" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Municipal cemeteries, 11 O.S. -§ 26-101 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-301_Cemeteries_Established" -A "\c" \ - -- "Sec 11-301 Cemeteries Established" -\& -.LP -All cemeteries under the ownership and control of the city are -established as city cemeteries. -The city manager shall appoint all officers and employees necessary for -the proper control and management of the cemetery. -.PP -(Prior Code, § 7-35, in part; Code 1991, § 11-301) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ - -- "787(15)" -\& on 6/15/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-302_Cemetery_Care_Fund" -A "\c" \ - -- "Sec 11-302 Cemetery Care Fund" -\& -.LP -There is hereby established a cemetery perpetual care fund for -maintenance and improvement of the city cemeteries, to be operated in -accordance with state law. -Financing and investment of the fund shall be as permitted by the city -and state law. -.PP -(Prior Code, §§ 7-31\[em]7-35; Code 1991, § 11-302; Ord. -No. -606(07), 12-3-2007) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ - -- "787(15)" -\& on 6/15/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-303_Expenditure_And_Control" -A "\c" \ - -- "Sec 11-303 Expenditure And Control" -\& -.LP -No obligation incurring the expenditure of any money on account of a -city cemetery shall be valid or binding upon the city unless the same -shall first have been appropriated by the council and approved by the -city manager. -.PP -(Prior Code, § 7-35; Code 1991, § 11-303) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ - -- "787(15)" -\& on 6/15/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-304_Prices_Of_Lots" -A "\c" \ - -- "Sec 11-304 Prices Of Lots" -\& -.LP -The city council by motion or resolution shall fix the price for which -lots shall be sold. -Any payment installment plan approved by the city council for purchase -of a lot shall provide for full payment, or one-fifth down payment and -one payment annually, within a maximum of four years. -.PP -(Prior Code, § 7-35; Code 1991, § 11-304; Ord. -No. -607(07), 12-3-2007) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ - -- "787(15)" -\& on 6/15/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-305_Deeds_To_Lots" -A "\c" \ - -- "Sec 11-305 Deeds To Lots" -\& -.LP -All cemetery deeds shall be signed by the mayor and the city clerk upon -final payment. -The clerk or his designee shall keep a complete record of all sales and -burials. -.PP -(Prior Code, § 7-37; Code 1991, § 11-305) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ - -- "787(15)" -\& on 6/15/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-306_Fees_For_Setting_Monuments_And_Grave_Staking" -A "\c" \ - -- "Sec 11-306 Fees For Setting Monuments And Grave Staking" -\& -.LP -Monument set and/or grave staking paperwork will need to be filled out -and paid in full prior to the city marking for either. -The fee therefor shall be established by motion or resolution of the -city council. -.PP -(Prior Code, § 7-39; Code 1991, § 11-307) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ - -- "787(15)" -\& on 6/15/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-307_No_Action_To_Be_Taken_Until_Fee_Is_Paid" -A "\c" \ - -- "Sec 11-307 No Action To Be Taken Until Fee Is Paid" -\& -.LP -No deed for any lot shall be issued, no grave marked, and no monument or -marker shall be set, located or placed until the fee or charge has been -paid in full, except as may be otherwise allowed by the city herein. -.PP -(Prior Code, § 7-40; Code 1991, § 11-308) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ - -- "787(15)" -\& on 6/15/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-308_Erection_Of_Monuments_And_Improvements" -A "\c" \ - -- "Sec 11-308 Erection Of Monuments And Improvements" -\& -.LP -The erection of monuments, filling of graves or needed improvements, or -the marking thereof, by private parties in a cemetery of the city shall -be done under the supervision of the city and not otherwise. -Only one monument per lot shall be allowed at the head of the grave, -with the exception of a veteran\[aq]s marker at the foot of the grave. -.PP -(Prior Code, § 7-41; Code 1991, § 11-312) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ - -- "787(15)" -\& on 6/15/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-309_Defacing_Property" -A "\c" \ - -- "Sec 11-309 Defacing Property" -\& -.LP -Every person who shall willfully or with malicious intent destroy, -mutilate, deface, injure or remove any tomb, monument, or other -structure placed in any city cemetery, or any fence, railing, or other -work for the protection of any such cemetery or place of burial of any -human being, or tomb, monument, memorial or other structure, or any lot -within a cemetery, or who shall willfully or with malicious intent -destroy, cut, break or injure any tree, shrub or plant within the limits -of a cemetery, shall be deemed guilty of violating this section. -Any person violating this section shall be punished as provided in -section 1-108. -.PP -(Prior Code, § 7-36; Code 1991, § 11-313) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ - -- "787(15)" -\& on 6/15/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-310_Removal_Of_Flowers_And_Decorative_Items" -A "\c" \ - -- "Sec 11-310 Removal Of Flowers And Decorative Items" -\& -.IP " 1." 4 -It is unlawful for any person to remove flowers from a vase or a saddle -attached to the monument other than by the persons placing such flowers -or by a designated city employee. -.IP " 2." 4 -Items such as glass jars, cans, or other containers used on the premises -for the holding of floral bouquets, candles or mementos are prohibited. -.IP " 3." 4 -During the first full week (Sunday through Saturday) of every month, the -City will remove all items on the ground or around the monument base -that may cause maintenance problems. -Prohibited items, such as rocks, metal rods, wire stakes, fencing, -ornaments, glass containers or any other similar items will be removed -at this time. -In addition to this monthly removal of items, twice per year, in -February and in August, while performing the monthly clean-up, the City -will also remove all flowers from vases and saddles. -.br -.LP -.br -.PP -.br -.PP -(Prior Code, § 7-42; Code 1991, § 11-314) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ - -- "787(15)" -\& on 6/15/2015 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1005.22.pdf" -A "\c" \ - -- "1005.22" -\& on 8/15/2022 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1033.23.pdf" -A "\c" \ - -- "1033.23" -\& on 8/21/2023 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-311_Motorized_Vehicles" -A "\c" \ - -- "Sec 11-311 Motorized Vehicles" -\& -.LP -No motorized vehicle shall be permitted in any cemetery except: -.IP " 1." 4 -Vehicles operated by the city or under contract to the city; -.IP " 2." 4 -Vehicles entering, exiting, or being parked where part or a portion of -the cemetery is designated and maintained for entrance, exit or parking. -.LP -(Prior Code, § 7-44; Code 1991, § 11-315) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ - -- "787(15)" -\& on 6/15/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-312_Council_May_Adopt_Rules" -A "\c" \ - -- "Sec 11-312 Council May Adopt Rules" -\& -.LP -The council by motion or resolution may adopt rules and regulations -relating to the city cemeteries. -.PP -(Prior Code, § 7-45; Code 1991, § 11-316) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf" -A "\c" \ - -- "787(15)" -\& on 6/15/2015 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_12_PLANNING,_ZONING_AND_DEVELOPMENT" -A "\c" \ - -- "PART 12 PLANNING, ZONING AND DEVELOPMENT" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_12-1_LAND_DEVELOPMENT_CODE" -A "\c" \ - -- "CHAPTER 12-1 LAND DEVELOPMENT CODE" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Building, zoning and planning, 11 -O.S. -§ 41-101 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_12-1_LAND_DEVELOPMENT_CODE" -A "\c" \ - -- "CHAPTER 12-1 LAND DEVELOPMENT CODE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_12-101_Land_Development_Code_Adopted" -A "\c" \ - -- "Sec 12-101 Land Development Code Adopted" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_12-101_Land_Development_Code_Adopted" -A "\c" \ - -- "Sec 12-101 Land Development Code Adopted" -\& -.LP -The City of Moore Land Development Code, as published by Municipal Code -Corporation, and as amended from time to time, containing, among other -things, regulations governing zoning, subdivisions, signs, mobile homes, -flood plain and oil and gas, is hereby adopted and incorporated herein -by reference. -Any violation of the city\[aq]s land development code is punishable as -provided in section 1-108. -Each day that a violation continues to exist shall be deemed a separate -offense. -.PP -(Code 1999, § 12-100) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_13_PUBLIC_SAFETY" -A "\c" \ - -- "PART 13 PUBLIC SAFETY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-1_FIRE_PREVENTION_CODE" -A "\c" \ - -- "CHAPTER 13-1 FIRE PREVENTION CODE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-2_FIRE_SERVICES" -A "\c" \ - -- "CHAPTER 13-2 FIRE SERVICES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-3_POLICE_SERVICES" -A "\c" \ - -- "CHAPTER 13-3 POLICE SERVICES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-4_EMERGENCY_MANAGEMENT" -A "\c" \ - -- "CHAPTER 13-4 EMERGENCY MANAGEMENT" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-5_EMERGENCY_TELEPHONE_AND_ALARM_SYSTEMS" -A "\c" \ - -- "CHAPTER 13-5 EMERGENCY TELEPHONE AND ALARM SYSTEMS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-6_HAZARDOUS_MATERIAL_INCIDENT_COST_RECOVERY_ORDINANCE" -A "\c" \ - -- "CHAPTER 13-6 HAZARDOUS MATERIAL INCIDENT COST RECOVERY ORDINANCE" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-1_FIRE_PREVENTION_CODE" -A "\c" \ - -- "CHAPTER 13-1 FIRE PREVENTION CODE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1A_GENERAL_PROVISIONS" -A "\c" \ - -- "ARTICLE 13-1A GENERAL PROVISIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1B_FIRE_HYDRANTS_AND_FIRE_LANES" -A "\c" \ - -- "ARTICLE 13-1B FIRE HYDRANTS AND FIRE LANES" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1A_GENERAL_PROVISIONS" -A "\c" \ - -- "ARTICLE 13-1A GENERAL PROVISIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-101_Adoption_Of_The_2015_International_Fire_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ - -- "Sec 13-101 Adoption Of The 2015 International Fire Code, As Amended And Modified By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-102_Fire_Prevention" -A "\c" \ - -- "Sec 13-102 Fire Prevention" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-103_Adoption_Of_Specified_Appendices" -A "\c" \ - -- "Sec 13-103 Adoption Of Specified Appendices" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-104_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Explosives_And_Blasting_Agents_Is_To_Be_Prohibited" -A "\c" \ - -- "Sec 13-104 Establishment Of Limits Of Districts In Which Storage Of Explosives And Blasting Agents Is To Be Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-105_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Flammable_Liquids_In_Outside_Aboveground_Tanks_Is_To_Be_Prohibited" -A "\c" \ - -- "Sec 13-105 Establishment Of Limits Of Districts In Which Storage Of Flammable Liquids In Outside Aboveground Tanks Is To Be Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-106_Establishment_Of_Limits_In_Which_Bulk_Storage_Of_Liquefied_Petroleum_Gases_Is_To_Be_Restricted" -A "\c" \ - -- "Sec 13-106 Establishment Of Limits In Which Bulk Storage Of Liquefied Petroleum Gases Is To Be Restricted" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-107_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ - -- "Sec 13-107 Provisions Declared To Be Minimum Requirements" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-108_Modifications_Of_The_Fire_Prevention_Code_Authorized" -A "\c" \ - -- "Sec 13-108 Modifications Of The Fire Prevention Code Authorized" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-109_New_Materials,_Processes_Or_Occupancies_Which_May_Require_Permits" -A "\c" \ - -- "Sec 13-109 New Materials, Processes Or Occupancies Which May Require Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-110_Appeals" -A "\c" \ - -- "Sec 13-110 Appeals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-111_Life_Safety_Code_Adopted" -A "\c" \ - -- "Sec 13-111 Life Safety Code Adopted" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-112_Certificate_Of_Fitness" -A "\c" \ - -- "Sec 13-112 Certificate Of Fitness" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-101_Adoption_Of_The_2015_International_Fire_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23" -A "\c" \ - -- "Sec 13-101 Adoption Of The 2015 International Fire Code, As Amended And Modified By The State Uniform Building Code Commission Pursuant To 59 OS Section 1000.23" -\& -.IP " 1." 4 -There is hereby adopted by the city for the purpose of prescribing -regulations governing conditions hazardous to life and property from -fire or explosion that certain code known as the 2015 International Fire -Code, as amended and modified by the state uniform building code -commission pursuant to 59 O.S. -§ 1000.23, the whole thereof, save and except such portions as are -hereinafter deleted, modified or amended; of which code not less than -one copy has been and is filed in the office of the city clerk. -The International Fire Code, as amended, is hereby adopted and -incorporated as if set out at length herein, and shall be incorporated -and considered as a part of this Code. -.IP " 2." 4 -The following additions, amendments, or deletions are made to the fire -code adopted herein: -.br -.br -Section 101.1. -Insert: The City of Moore, Oklahoma -.br -.br -Section 109.4. -Insert: Misdemeanor, $500.00; delete: or by imprisonment not exceeding -10 days, or both such fine and imprisonment -.br -.br -Section 111.4. -Delete: less than [amount] dollars and insert: more than five hundred -($500.00) dollars -.br -.br -Section 308.1.4. -Delete Exception 2: Where buildings, balconies and decks are protected -by an automatic sprinkler system; delete Exception 3.: LP-gas cooking -devices having LP-gas container with a water capacity not greater than 2 -1/2 pounds [nominal 1 pound (0.45 kg) LP-gas capacity] -.LP -(Code 1999, § 13-101; Ord. -No. -514(90), 9-17-1990; Ord. -No. -631(08), 9-15-2008) -.PP -\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. -§ 14-107. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf" -A "\c" \ - -- "858(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-102_Fire_Prevention" -A "\c" \ - -- "Sec 13-102 Fire Prevention" -\& -.LP -The fire prevention code shall be enforced by the division of fire -prevention in the fire department, which is hereby established and which -shall be operated under the supervision of the chief of the fire -department. -.PP -(Prior Code, § 9-53; Code 1999, § 13-102) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-103_Adoption_Of_Specified_Appendices" -A "\c" \ - -- "Sec 13-103 Adoption Of Specified Appendices" -\& -.LP -The following appendices to the 2015 International Fire Code are adopted -and incorporated by reference and made a part hereof as if fully set -forth herein: Appendix B, Appendix C, and Appendix D. -.PP -(Code 1999, § 13-103; Ord. -No. -514 (90), 9-17-1990) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf" -A "\c" \ - -- "858(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-104_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Explosives_And_Blasting_Agents_Is_To_Be_Prohibited" -A "\c" \ - -- "Sec 13-104 Establishment Of Limits Of Districts In Which Storage Of Explosives And Blasting Agents Is To Be Prohibited" -\& -.LP -The limits referred to in the fire prevention code, in which storage of -explosives and blasting agents is prohibited, are established as -follows: All R zoning and C or I zoning only by permission of the fire -chief in accordance with the codes adopted by this chapter. -.PP -(Code 1999, § 13-104) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-105_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Flammable_Liquids_In_Outside_Aboveground_Tanks_Is_To_Be_Prohibited" -A "\c" \ - -- "Sec 13-105 Establishment Of Limits Of Districts In Which Storage Of Flammable Liquids In Outside Aboveground Tanks Is To Be Prohibited" -\& -.IP " 1." 4 -Storage of flammable liquids in outside aboveground tanks is prohibited -except in those areas zoned as R through C under the zoning ordinances -of the city, except as permitted by the fire chief in accordance with -codes adopted by the city. -.IP " 2." 4 -Bulk plants for flammable or combustible liquids are prohibited in R -zoning and in the areas as approved by the fire chief. -.LP -(Prior Code, § 9-54; Code 1999, § 13-105) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-106_Establishment_Of_Limits_In_Which_Bulk_Storage_Of_Liquefied_Petroleum_Gases_Is_To_Be_Restricted" -A "\c" \ - -- "Sec 13-106 Establishment Of Limits In Which Bulk Storage Of Liquefied Petroleum Gases Is To Be Restricted" -\& -.IP " 1." 4 -Bulk storage shall be defined as any container exceeding 30 gallons of -water capacity or any combination of containers exceeding 60 gallons of -water capacity. -.IP " 2." 4 -In all residential zoning classifications, bulk storage of L.P.G. -is permissible upon approval of the fire chief or his designee if the -area where the L.P.G. -is stored is at least 100 feet from any occupied structure and at least -100 feet from any property line. -.IP " 3." 4 -In any commercial zoning classification, bulk storage of L.P.G. -is permissible upon approval of the fire chief or his designee, for sale -or small exchange tanks for off-premises use and for installations -essential to the business as fueling stations for equipment used in the -business. -.IP " 4." 4 -All permitted locations shall submit a yearly application for approval -and, upon approval, and the payment of a fee as determined by the city -council by motion or resolution, the fire chief or his designee shall -issue a permit. -All permits shall be valid until the end of the fiscal year in which -they were granted and shall be renewed annually. -.LP -(Prior Code, § 9-58; Code 1999, § 13-106; Ord. -No. -207(97), 10-6-1997) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-107_Provisions_Declared_To_Be_Minimum_Requirements" -A "\c" \ - -- "Sec 13-107 Provisions Declared To Be Minimum Requirements" -\& -.LP -The provisions of the fire prevention code, latest edition, in their -interpretation and application, shall be held to be minimum requirements -adopted for the promotion of public health, safety, and general welfare. -Wherever any of the provisions or requirements of this code are -inconsistent with the provisions of this Code or state statutes -presently existing or enacted in the future, the provisions or -requirements containing the most restrictive regulation shall apply and -govern. -.PP -(Code 1999, § 13-107) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-108_Modifications_Of_The_Fire_Prevention_Code_Authorized" -A "\c" \ - -- "Sec 13-108 Modifications Of The Fire Prevention Code Authorized" -\& -.LP -The fire chief shall have the power to modify any of the provisions of -the fire prevention code upon application in writing by the building -owner or lessee, or his duly authorized agent, when there are practical -difficulties in the way of carrying out the strict letter of the code, -provided that the spirit of the code shall be observed, public safety -secured and substantial justice done. -The particulars of such modifications when granted shall be entered upon -the records of the department, and a signed copy shall be furnished to -the applicant. -.PP -(Prior Code, § 9-55; Code 1999, § 13-108) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-109_New_Materials,_Processes_Or_Occupancies_Which_May_Require_Permits" -A "\c" \ - -- "Sec 13-109 New Materials, Processes Or Occupancies Which May Require Permits" -\& -.LP -The building officer, the chief of the fire department and the city -manager shall act as a committee to determine and specify, after giving -affected persons an opportunity to be heard, any new materials, -processes or occupancies which shall require permits, in addition to -those now enumerated in the code. -The fire chief shall post such list in a conspicuous place in his office -and distribute copies thereof to interested persons. -.PP -(Prior Code, § 9-57; Code 1999, § 13-109) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-110_Appeals" -A "\c" \ - -- "Sec 13-110 Appeals" -\& -.LP -Whenever the fire chief or his designee shall disapprove an application -or refuse to grant a permit or license applied for, or when it is -claimed that the provisions of the code do not apply or that the true -intent and meaning of the code have been misconstrued or wrongly -interpreted, the applicant may appeal to the board of adjustment of the -city within 30 days from the date of the decision appealed from. -.PP -(Code 1999, § 13-110; Ord. -No. -427(87), 2-17-1987) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-111_Life_Safety_Code_Adopted" -A "\c" \ - -- "Sec 13-111 Life Safety Code Adopted" -\& -.LP -There is hereby adopted for the purposes of establishing rules and -regulations for the protection of the public safety from the hazards of -fire, smoke, fumes, etc., that certain code known as the 2015 National -Fire Protection Association Life Safety Code\[em]NFPA 101, adopted by -the state, and the whole thereof, save and except such portions thereof -as are hereinafter deleted, modified, or amended. -Not less than one copy has been and now is filed in the office of the -city clerk. -The code is hereby adopted and incorporated as fully as if set out at -length herein. -.PP -(Code 1999, § 13-111; Ord. -No. -515(90), 9-17-1990) -.PP -\f[B]State Law reference\f[R]\[em] Adoption by reference, 11 O.S. -§ 14-107. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf" -A "\c" \ - -- "858(17)" -\& on 6/19/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-112_Certificate_Of_Fitness" -A "\c" \ - -- "Sec 13-112 Certificate Of Fitness" -\& -.IP " 1." 4 -A certificate of fitness is required by the responsible person -conducting any of the following activities when such activities are -conducted on a for hire basis: -.RS 4 -.IP " 1." 4 -The servicing or recharging of any portable fire extinguisher; -.IP " 2." 4 -The servicing or recharging of any fixed fire extinguishing system, -inspection, servicing or recharging of any restaurant hood system or -fixed fire extinguishing system; and -.IP " 3." 4 -The installation and servicing of any fire alarm or fire communication -system. -.RE -.IP " 2." 4 -All applications for a certificate of fitness shall be filed with the -fire chief on forms provided by the fire chief. -A fee as set by the council shall be charged to issue the certificate of -fitness. -The certificate of fitness shall be valid for a period of one year from -the date of issuance and must be renewed annually. -.LP -(Code 1999, § 13-112; Ord. -No. -502(90), 1-15-1990) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1B_FIRE_HYDRANTS_AND_FIRE_LANES" -A "\c" \ - -- "ARTICLE 13-1B FIRE HYDRANTS AND FIRE LANES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-121_Fire_Hydrants" -A "\c" \ - -- "Sec 13-121 Fire Hydrants" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-122_Fire_Lanes_On_Private_Property_Devoted_To_Public_Use" -A "\c" \ - -- "Sec 13-122 Fire Lanes On Private Property Devoted To Public Use" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-123_Water_Supply_To_Fire_Hydrants_Via_Public_Or_Private_Property" -A "\c" \ - -- "Sec 13-123 Water Supply To Fire Hydrants Via Public Or Private Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-124_Article_Cumulative" -A "\c" \ - -- "Sec 13-124 Article Cumulative" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-121_Fire_Hydrants" -A "\c" \ - -- "Sec 13-121 Fire Hydrants" -\& -.IP " 1." 4 -Fire hydrants of a type and manufacture approved by the utility director -or city engineer shall be available to serve all building sites prior to -start of construction. -.IP " 2." 4 -Building plans for all new construction shall show the location of fire -hydrants on both public and private property as approved by the fire -chief or his designee and the city engineer before any actual -construction is undertaken. -.IP " 3." 4 -Hydrant locations and standards shall be as follows: -.RS 4 -.IP " 1." 4 -All hydrants are to be installed according to city standards; -.IP " 2." 4 -No portion of a building of any occupancy except single-family dwellings -shall be located more than 300 feet travel distance from a hydrant; and -.IP " 3." 4 -Fire hydrants shall be located apart from buildings and fully accessible -from paved driveways and fire lanes. -.RE -.IP " 4." 4 -No unauthorized person shall use, operate, conceal or in any manner -hinder the accessibility or reduce the effectiveness of any fire hydrant -within the city. -.IP " 5." 4 -Access to fire hydrants required by subsection (A) of this section shall -not be required for sites whose structures total less than 2,000 square -feet unless constituting or declared a high hazard occupancy by the fire -chief. -.IP " 6." 4 -The requirements of this section may be waived by the city council for -good cause shown by the persons requesting a building permit. -.IP " 7." 4 -Fire hydrants shall be placed at each street intersection, provided that -in no event shall the spacing exceed 500 feet in R-1 and R-2 residential -areas or 300 feet in commercial, industrial or R-3 general residential -areas. -The distance from the nearest fire hydrant to the most remote point in a -cul-de-sac or residential street loop shall not exceed 300 feet. -.LP -(Prior Code, § 9-111; Code 1999, § 13-121) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-122_Fire_Lanes_On_Private_Property_Devoted_To_Public_Use" -A "\c" \ - -- "Sec 13-122 Fire Lanes On Private Property Devoted To Public Use" -\& -.IP " 1." 4 -The marking of fire lanes on private property devoted to public use -shall be approved by the fire chief or his designee. -.IP " 2." 4 -Parking of motor vehicles or otherwise obstructing fire lanes shall be -prohibited at all times. -.IP " 3." 4 -Fire lanes and driveways shall be located so that all buildings served -by them are accessible to fire equipment. -.IP " 4." 4 -All fire lanes on public or private property devoted to public use shall -be marked as such with signage and curb marking. -Fire lane access shall be marked with stripping and stenciling as -specified in subsection (D)(2) of this section. -.RS 4 -.IP " 1." 4 -\f[I]Signage\f[R]. -Signs denoting fire lanes shall be 12 inches wide by 18 inches tall and -shall read \[dq]FIRE LANE. -NO PARKING AT ANY TIME. -CITY ORDINANCE # 13-122.\[dq] Colors and height of mounting shall -conform to the Manual on Uniform Traffic Control Devices, current -edition. -Fire lanes longer than 150 feet and less than 300 feet shall have a sign -at each end with an intermediate sign as close as practicable to the -center of the fire lane. -Fire lane signs shall at no time be separated by more than 150 feet. -.IP " 2." 4 -\f[I]Curb marking\f[R]. -Curb markings shall be red with the words \[dq]FIRE LANE, NO -PARKING\[dq] stenciled in white letters four inches in height, spaced at -intervals of every 30 feet. -Where curbs do not exist, there shall be a red stripe four inches in -width. -.RE -.IP " 5." 4 -Where required by the code, the contractor or person in charge of any -construction site, for all commercial occupancies, including, but not -limited to, business, industrial, mercantile, educational, -institutional, assembly, hotel, motel, multifamily dwellings and mobile -home parks, shall provide and maintain an approved hard-surfaced all -weather access fire lane, not less than 20 feet in width, as shown on -approved site plans. -Such access lane shall be complete at such time that construction has -progressed to completion of the foundation. -.IP " 6." 4 -No fire lane shall begin closer than ten feet to a building, nor further -than 50 feet from a building. -The height and construction of the building shall determine this -distance. -.LP -(Prior Code, § 9-112; Code 1999, § 13-122; Ord. -No. -255(99), 4-19-1999) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-123_Water_Supply_To_Fire_Hydrants_Via_Public_Or_Private_Property" -A "\c" \ - -- "Sec 13-123 Water Supply To Fire Hydrants Via Public Or Private Property" -\& -.IP " 1." 4 -Proper size for water mains located on public or private property which -supply fire hydrants for occupancies listed in section 13-122(e) shall -be approved by the city engineer and the fire chief or his designee. -.IP " 2." 4 -The city engineer, fire chief or his designee shall approve no water -main supplying fire hydrants for occupancies listed in section 13-122(e) -less than six inches in diameter. -.LP -(Prior Code, § 9-113; Code 1999, § 13-123; Ord. -No. -256(99)-A, 4-19-1999) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-124_Article_Cumulative" -A "\c" \ - -- "Sec 13-124 Article Cumulative" -\& -.LP -The provisions of this article shall be cumulative to and shall not -operate to repeal any other ordinances or provisions of this chapter. -.PP -(Prior Code, § 9-114; Code 1999, § 13-124) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-2_FIRE_SERVICES" -A "\c" \ - -- "CHAPTER 13-2 FIRE SERVICES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2A_FIRE_DEPARTMENT" -A "\c" \ - -- "ARTICLE 13-2A FIRE DEPARTMENT" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2B_CALLS_OUTSIDE_LIMITS" -A "\c" \ - -- "ARTICLE 13-2B CALLS OUTSIDE LIMITS" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2A_FIRE_DEPARTMENT" -A "\c" \ - -- "ARTICLE 13-2A FIRE DEPARTMENT" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-201_Created;_Duties" -A "\c" \ - -- "Sec 13-201 Created; Duties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-202_Use_Of_Fire_Equipment" -A "\c" \ - -- "Sec 13-202 Use Of Fire Equipment" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-203_Authority_Of_Firefighters_At_Fires" -A "\c" \ - -- "Sec 13-203 Authority Of Firefighters At Fires" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-204_Right_Of_Entry" -A "\c" \ - -- "Sec 13-204 Right Of Entry" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Fire department authorized, 11 O.S. -§ 29-105. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-201_Created;_Duties" -A "\c" \ - -- "Sec 13-201 Created; Duties" -\& -.IP " 1." 4 -There is a fire department of the city, the head of which is the chief -of the fire department. -.IP " 2." 4 -It is the duty of the fire department, among others, to extinguish -fires; to rescue persons endangered by fire; to resuscitate, and to -administer first aid to, persons injured in or about burning structures -on elsewhere in case of an emergency; to promote fire prevention; and -unless otherwise provided, to enforce all ordinances relating to fires, -fire prevention and safety of persons from fire in public and private -buildings. -.LP -(Prior Code, §§ 9-16, 9-18; Code 1999, § 13-201) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-202_Use_Of_Fire_Equipment" -A "\c" \ - -- "Sec 13-202 Use Of Fire Equipment" -\& -.LP -No person shall use any fire apparatus or equipment for any private -purpose, nor shall any person willfully and without proper authority -take away or conceal any article used in any way by the department. -No person shall enter any place where fire apparatus is housed or handle -any apparatus or equipment belonging to the department unless -accompanied by, or having the special permission of, an officer or -authorized member of the department. -.PP -(Code 1999, § 13-202) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-203_Authority_Of_Firefighters_At_Fires" -A "\c" \ - -- "Sec 13-203 Authority Of Firefighters At Fires" -\& -.LP -The fire chief, assistant fire chiefs or other fire department officers -in charge shall have complete charge and control at all fires. -Fire orders shall be obeyed. -The chief or his officers may prescribe limits in the vicinity of a fire -which no persons except those residing or owning property therein shall -be permitted to enter except on the order of the officer in command. -Police officers may aid in carrying into effect the provisions of this -section. -.PP -(Code 1999, § 13-203) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-204_Right_Of_Entry" -A "\c" \ - -- "Sec 13-204 Right Of Entry" -\& -.LP -The chief of the fire department and his designee may at all reasonable -hours enter any building or premises within his jurisdiction for the -purpose of making any inspection or investigation which, under the -provisions of this chapter and other provisions of this Code, he may -deem necessary to make. -.PP -(Prior Code, § 9-204; Code 1999, § 13-204) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2B_CALLS_OUTSIDE_LIMITS" -A "\c" \ - -- "ARTICLE 13-2B CALLS OUTSIDE LIMITS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-211_Power_To_Contract" -A "\c" \ - -- "Sec 13-211 Power To Contract" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-212_Contracts_For_Service" -A "\c" \ - -- "Sec 13-212 Contracts For Service" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-213_Authority_To_Answer_Calls" -A "\c" \ - -- "Sec 13-213 Authority To Answer Calls" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-214_Charges_For_Calls_Made_Outside_City" -A "\c" \ - -- "Sec 13-214 Charges For Calls Made Outside City" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-215_Firefighters_Serving_In_Regular_Line_Of_Duty" -A "\c" \ - -- "Sec 13-215 Firefighters Serving In Regular Line Of Duty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-211_Power_To_Contract" -A "\c" \ - -- "Sec 13-211 Power To Contract" -\& -.LP -The city is hereby authorized and empowered to enter into contracts or -agreements with individuals, firms, private corporations or -associations, or military installations or commands, or political -subdivisions of the state for fire protection outside the corporate -limits of the city, and to contract to provide fire protection jointly -with other organizations and municipal subdivisions of the state. -.PP -(Code 1999, § 13-221) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-212_Contracts_For_Service" -A "\c" \ - -- "Sec 13-212 Contracts For Service" -\& -.LP -Any contract entered into by the city, with an individual owner, a firm, -private corporation, association or political subdivision, for outside -aid or mutual aid for fire protection, shall provide for the payment by -the owner, firm, private corporation, association or political -subdivision for such service, equipment or personnel in an amount -reached through negotiation by the parties. -.PP -(Code 1999, § 13-222) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-213_Authority_To_Answer_Calls" -A "\c" \ - -- "Sec 13-213 Authority To Answer Calls" -\& -.LP -The fire department is authorized to answer all calls outside the city -within a reasonable distance of the city limits if first approved by the -fire chief on duty. -The fire chief shall determine that the equipment and personnel to be -dispatched for such calls are not needed for other purposes within the -city. -.PP -(Code 1999, § 13-223) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-214_Charges_For_Calls_Made_Outside_City" -A "\c" \ - -- "Sec 13-214 Charges For Calls Made Outside City" -\& -.LP -The city may enter into a contract with persons, organizations or -associations to provide fire protection service outside the city limits. -Such contracts shall be conditioned upon the determination of the fire -chief that the property in question is within a reasonable distance from -the city and that prior to any fire protection equipment being -dispatched for any fire call for such property, the fire chief on duty -shall first approve such call and determine that the equipment and -personnel to be dispatched are not needed for other purposes within the -city. -The charges for such calls shall be as specified in the fee schedule. -.PP -(Code 1999, § 13-224) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-215_Firefighters_Serving_In_Regular_Line_Of_Duty" -A "\c" \ - -- "Sec 13-215 Firefighters Serving In Regular Line Of Duty" -\& -.LP -All firefighters attending and serving at fires or doing fire prevention -work outside the corporate limits of the city, as herein provided, shall -be considered as serving in their regular line of duty as fully as if -they were serving within the corporate limits of the city. -The firefighters shall be entitled to all the benefits of any fire -pension and relief fund in the same manner as if the firefighting or -fire prevention work was being done within the corporate limits of the -city. -.PP -(Code 1999, § 13-225) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-3_POLICE_SERVICES" -A "\c" \ - -- "CHAPTER 13-3 POLICE SERVICES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3A_POLICE_DEPARTMENT" -A "\c" \ - -- "ARTICLE 13-3A POLICE DEPARTMENT" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3B_POLICE_BOARD_OF_REVIEW" -A "\c" \ - -- "ARTICLE 13-3B POLICE BOARD OF REVIEW" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Municipal police, 11 O.S. -§ 34-101 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3A_POLICE_DEPARTMENT" -A "\c" \ - -- "ARTICLE 13-3A POLICE DEPARTMENT" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-301_Created" -A "\c" \ - -- "Sec 13-301 Created" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-302_Duties" -A "\c" \ - -- "Sec 13-302 Duties" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-303_Police_Officers;_Carrying_Weapons_Off_Duty;_Restrictions" -A "\c" \ - -- "Sec 13-303 Police Officers; Carrying Weapons Off Duty; Restrictions" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-301_Created" -A "\c" \ - -- "Sec 13-301 Created" -\& -.LP -There shall be a police department, the head of which is the chief of -police, or the police chief. -.PP -(Prior Code, § 18-16; Code 1999, § 13-301) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-302_Duties" -A "\c" \ - -- "Sec 13-302 Duties" -\& -.LP -It is the duty of the police department to apprehend and arrest on view -or on warrant and bring to justice violators of the ordinances of the -city; to suppress all riots, affrays and unlawful assemblies which may -come to their knowledge, and generally to keep the peace; to serve -warrants, writs, executions and other processes properly directed and -delivered to them; to apprehend and arrest persons violating state laws -as provided by law, and to turn them over to proper authorities; and in -all respects to perform all duties pertaining to the offices of police -officers. -.PP -(Prior Code, §§ 18-16, 18-17; Code 1999, § 13-302) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-303_Police_Officers;_Carrying_Weapons_Off_Duty;_Restrictions" -A "\c" \ - -- "Sec 13-303 Police Officers; Carrying Weapons Off Duty; Restrictions" -\& -.IP " 1." 4 -Police officers shall perform such duties as shall be required of them -by the chief, the city ordinances and state regulations and any other -actions required in the maintenance of good order and public peace. -.IP " 2." 4 -A full-time duly appointed peace officer of the city who is certified by -the state council on law enforcement education and training, -(C.L.E.E.T.) -pursuant to state law, is hereby authorized to carry a weapon, certified -and approved by the chief of police of the city, or his duly authorized -agent, during periods when he is not on active duty. -When an off-duty officer carries a certified weapon, the officer shall -be in law enforcement uniform prescribed by the employing agency, or -when not wearing the prescribed law enforcement uniform shall be -required to have his official peace officer\[aq]s badge, commission -card, and C.L.E.E.T. -certification card on his person at all times when carrying a weapon -certified and approved by the employing agency, and to keep the -authorized weapon concealed from view at all times except when the -weapon is used within the guidelines, rules, and regulations established -by the employing agency. -.IP " 3." 4 -Nothing in this section shall be interpreted to authorize a peace -officer in actual physical possession of a weapon to consume beer or -alcoholic beverages, except in the authorized line of duty as an -undercover officer. -Any officer in violation of this section shall be deemed guilty of a -violation of this section as though he were a private person. -.LP -(Code 1999, § 13-303; Ord. -No. -464, 10-3-1988, in part; Ord. -No. -4(91), 1991) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3B_POLICE_BOARD_OF_REVIEW" -A "\c" \ - -- "ARTICLE 13-3B POLICE BOARD OF REVIEW" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-311_Board_Established" -A "\c" \ - -- "Sec 13-311 Board Established" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-312_Members" -A "\c" \ - -- "Sec 13-312 Members" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-313_Appointments" -A "\c" \ - -- "Sec 13-313 Appointments" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-314_Term" -A "\c" \ - -- "Sec 13-314 Term" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-315_Hearings" -A "\c" \ - -- "Sec 13-315 Hearings" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-316_Records_Of_Proceedings" -A "\c" \ - -- "Sec 13-316 Records Of Proceedings" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-317_Legal_Counsel" -A "\c" \ - -- "Sec 13-317 Legal Counsel" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-311_Board_Established" -A "\c" \ - -- "Sec 13-311 Board Established" -\& -.LP -Pursuant to 11 O.S. -§ 50-123, there is hereby established a police board of review to hear -appeals concerning the discharge of police officers. -.PP -(Code 1999, § 13-311) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-312_Members" -A "\c" \ - -- "Sec 13-312 Members" -\& -.LP -The board of review shall consist of: -.IP " 1." 4 -The mayor, ex officio, who shall be a voting member of the board; -.IP " 2." 4 -Two active duty or retired police officers of the city; -.IP " 3." 4 -One attorney residing in the city; and -.IP " 4." 4 -One licensed physician residing in the city. -.LP -(Code 1999, § 13-312) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-313_Appointments" -A "\c" \ - -- "Sec 13-313 Appointments" -\& -.IP " 1." 4 -Members of the board of review, with the exception of the mayor, shall -be appointed by the council, except that when persons meet the -qualifications of section 13-312(c) and (d), the mayor shall in lieu -thereof make the appointments from the governing body of the city. -.IP " 2." 4 -Neither the chief of police nor any person having direct appointive -authority for police personnel shall be eligible for appointment to the -board of review. -.LP -(Code 1999, § 13-313) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-314_Term" -A "\c" \ - -- "Sec 13-314 Term" -\& -.LP -Appointive members of the police board of review shall serve at the -pleasure of the appointing authority. -.PP -(Code 1999, § 13-314) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-315_Hearings" -A "\c" \ - -- "Sec 13-315 Hearings" -\& -.LP -Any eligible officer who is discharged may appeal to the police board of -review. -The board of review shall, within a reasonable length of time, schedule -a hearing of such appeal, hear the evidence presented supporting the -discharge and the evidence presented opposing the discharge, and render -its decision, in writing, either affirming or reversing the discharge. -.PP -(Code 1999, § 13-315) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-316_Records_Of_Proceedings" -A "\c" \ - -- "Sec 13-316 Records Of Proceedings" -\& -.LP -Proceedings before the police board of review shall be recorded by the -secretary to the board and the minutes of the meeting shall be safely -retained during such time as the aggrieved party to such proceedings may -appeal the decision of the board of review. -.PP -(Code 1999, § 13-316) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-317_Legal_Counsel" -A "\c" \ - -- "Sec 13-317 Legal Counsel" -\& -.IP " 1." 4 -Proceedings before the police board of review shall be informal in -nature and strict rules of evidence shall not apply. -.IP " 2." 4 -Any party shall have the right to be represented by counsel, provided -that such counsel shall be an attorney licensed to practice law within -the state. -Such attorney shall have the right to examine and cross examine persons -testifying before the board as shall the party, if not represented by -counsel. -.LP -(Code 1999, § 13-317) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-4_EMERGENCY_MANAGEMENT" -A "\c" \ - -- "CHAPTER 13-4 EMERGENCY MANAGEMENT" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-401_Intent_And_Purpose;_Authority" -A "\c" \ - -- "Sec 13-401 Intent And Purpose; Authority" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-402_Definitions" -A "\c" \ - -- "Sec 13-402 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-403_Organization_And_Appointments" -A "\c" \ - -- "Sec 13-403 Organization And Appointments" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-404_Emergency_Powers_And_Duties_Of_City_Manager" -A "\c" \ - -- "Sec 13-404 Emergency Powers And Duties Of City Manager" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-405_Duties_And_Emergency_Powers_Of_The_Emergency_Management_Director" -A "\c" \ - -- "Sec 13-405 Duties And Emergency Powers Of The Emergency Management Director" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-406_Emergency_Operations_Plan" -A "\c" \ - -- "Sec 13-406 Emergency Operations Plan" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-407_Assistance_Of_Persons_Outside_City_Government" -A "\c" \ - -- "Sec 13-407 Assistance Of Persons Outside City Government" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-408_No_Municipal_Or_Private_Liability" -A "\c" \ - -- "Sec 13-408 No Municipal Or Private Liability" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-409_Violation_Of_Regulations" -A "\c" \ - -- "Sec 13-409 Violation Of Regulations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-410_Penalty" -A "\c" \ - -- "Sec 13-410 Penalty" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-411_Violation_Of_Emergency_Price_Stabilization_Act" -A "\c" \ - -- "Sec 13-411 Violation Of Emergency Price Stabilization Act" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Oklahoma Emergency Management Act of -2003, 63 O.S. -§ 683.1 et seq.; local emergency management program, 63 O.S. -§ 683.11. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-401_Intent_And_Purpose;_Authority" -A "\c" \ - -- "Sec 13-401 Intent And Purpose; Authority" -\& -.IP " 1." 4 -\f[I]Intent and purpose\f[R]. -The purpose of this chapter is to create an emergency management -organization for the city to: -.RS 4 -.IP " 1." 4 -Aid in mitigation and preparedness before a disaster and to alleviate -injury or damage through a coordinated response and recovery from -damages resulting from disaster, nuclear or conventional weapons attack, -sabotage or other hostile action, or by other disaster or major -emergency as defined herein; and -.IP " 2." 4 -Protect the lives and health of the citizens of the city, their property -and property rights, whether public or private, in any emergency or -disaster event endangering the lives and property of the people of the -city. -.RE -.IP " 2." 4 -\f[I]Authority\f[R]. -Nothing in this chapter shall be construed as power or authority to -abridge or lessen the legislative and administrative powers of the mayor -and city council, unless such is specifically granted herein. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ - -- "836(16)" -\& on 10/17/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-402_Definitions" -A "\c" \ - -- "Sec 13-402 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Authorized persons\f[R] means all state, county and municipal -police and fire personnel; hospital and ambulance crews; National Guard, -and emergency management personnel ordered into a disaster area by -proper authority; federal civil and military personnel on official -business; persons who enter a disaster area to maintain or restore -facilities for the provision of water, electricity, communications or -transportation to the public; and such other officials as have valid -reason to enter a disaster area. -.PP -\f[I]Civil emergency\f[R] means a riot or unlawful assembly -characterized by the use of actual force or violence or any threat to -use force if accompanied by immediate power to execute by three or more -persons acting together. -All powers, duties and regulations relating to a disaster shall also -apply to a civil emergency. -.PP -\f[I]Curfew\f[R] means a prohibition against any persons walking, -running, loitering, standing, or motoring upon any alley, street, -highway, public property, or vacant premises within the corporate limits -of the city, except persons officially designated to duty with reference -to the civil emergency. -.PP -\f[I]Disaster\f[R] means any event within the city limits threatening or -resulting in the death or injury of persons or the destruction of -property to such an extent that extraordinary measures must be taken to -protect the public health, safety and welfare. -.PP -\f[I]Disaster area\f[R] means the scene or location of any disaster or -civil emergency. -.PP -\f[I]Emergency management\f[R] means the functions charged to the -emergency management department and other city departments to create a -framework to provide coordinated community actions to reduce the -city\[aq]s vulnerability to hazards, and increase the city\[aq]s -resiliency and ability to respond to and recover from disasters. -This includes functions and actions to mitigate, prepare for, respond to -and otherwise aid the citizens of the city in the recovery from injury -and damages caused by the effects of disasters. -These might include, without limitation: -.IP " 1." 4 -Fire, flood, tornado, drought, earthquake, and other natural events; -.IP " 2." 4 -Transportation accidents, chemical releases, industrial accidents, and -other technological events; -.IP " 3." 4 -Infectious disease outbreaks and other public health events; -.IP " 4." 4 -Civil disorder, domestic and international terrorism, acts of war, and -other manmade events; and -.IP " 5." 4 -Any other event which develops to such an extent as to cause an extreme -emergency situation which jeopardizes the health, safety or welfare of -the citizens of the city. -.LP -\f[I]Emergency management director (\[dq]director\[dq])\f[R] means the -individual appointed by the city manager to carry out the functions set -out in this chapter. -.PP -\f[I]Emergency management forces\f[R] means the employees, equipment and -facilities of all city institutions and commissions; and, in addition, -it shall include all volunteer personnel, equipment and facilities -contributed by or obtained from volunteer persons or agencies. -.PP -\f[I]Emergency management volunteer\f[R] means any person duly -registered, trained, identified and appointed by the director and -assigned to participate in an emergency management and/or disaster -activity. -.PP -\f[I]Enemy attack\f[R] means a direct or indirect assault against the -city, its government, its environs, or of the nation, by the forces of a -hostile nation, the agents thereof, and/or non-state sponsored militant -or extremist groups, including assault by bombing, radiological, -chemical or biological warfare, sabotage or terrorism. -.PP -\f[I]Federal Emergency Management Agency (FEMA)\f[R] means the Federal -Emergency Management Agency, as created by the Robert T. Stafford -Disaster Relief and Emergency Assistance Act, P.L. -100-707. -.PP -\f[I]Oklahoma Department of Emergency Management (OEM)\f[R] means the -State of Oklahoma\[aq]s Department of Emergency Management, as created -in 63 O.S. -§ 683.4. -.PP -\f[I]Regulations\f[R] includes plans, programs, and other emergency -procedures deemed essential to emergency management. -.PP -\f[I]Resilience\f[R] means the ability to prepare and plan for, absorb, -recover from, and more successfully adapt to adverse events. -.PP -\f[I]Volunteer\f[R] means the contribution of a service, equipment or -facilities to the emergency management system and assigned for use in a -disaster/exercise activity, given without expectation of compensation. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ - -- "836(16)" -\& on 10/17/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-403_Organization_And_Appointments" -A "\c" \ - -- "Sec 13-403 Organization And Appointments" -\& -.LP -The city manager is authorized and directed to create an organization -for emergency management utilizing to the fullest extent the existing -agencies within the city. -The city manager, as executive head of the municipal government, shall -be the supervisor of the emergency management forces of the city and -shall be responsible for their organization, administration and -operations. -The organization shall consist of the following: -.IP " 1." 4 -The city manager shall create and maintain a department of emergency -management to aid in mitigation and preparedness before a disaster and -to alleviate injury or damage through a coordinated response and -recovery from damages resulting from disaster, nuclear or conventional -weapons attack, sabotage or other hostile action, or by other disaster -or major or civil emergency as defined herein, and to protect the lives -and health of the citizens of the city, their property and property -rights, whether public or private, in any emergency or disaster event -endangering the lives and property of the people of the city. -.IP " 2." 4 -The city manager shall appoint a director to be head of the emergency -management department, and such assistants and other employees as are -deemed necessary for the proper functioning of the organization. -The director shall be a person trained in planning operations involving -the activities of many different agencies which will operate to protect -the public health, safety and welfare in the event of danger from enemy -action or disaster as defined in this chapter. -The director shall meet the qualifications promulgated by the Oklahoma -Department of Emergency Management (OEM). -.IP " 3." 4 -The employees, equipment and facilities of all city departments, boards, -institutions and commissions will participate in emergency management -activity as needed. -Duties assigned to a city department shall be the same or similar to the -normal duties of the department. -.IP " 4." 4 -Volunteer persons and agencies offering services to and accepted by the -city. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ - -- "836(16)" -\& on 10/17/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-404_Emergency_Powers_And_Duties_Of_City_Manager" -A "\c" \ - -- "Sec 13-404 Emergency Powers And Duties Of City Manager" -\& -.IP " 1." 5 -\f[I]Emergency authority of city manager\f[R]. -The city manager may exercise the emergency power and authority -necessary to fulfill the general powers and duties of the position as -defined in article III of the city Charter. -.IP " 2." 5 -\f[I]Emergency declaration\f[R]. -When in the judgment of the city manager it is necessary to invoke the -emergency powers provided herein, concurrence of the mayor should be -immediately sought, who shall make the decision whether or not to -declare an emergency. -.RS 5 -.IP " 1." 4 -If the mayor is not available, the decision shall be made by the -vice-mayor; if that individual is not available, the decision shall be -made by the senior councilmember available. -.IP " 2." 4 -In the event the mayor and city council are not available to act, then -the city manager shall be the sole authority necessary to invoke the -powers provided herein. -.IP " 3." 4 -In the absence of the city manager as the final judge of an emergency -declaration, the emergency management director shall make the -determination. -.IP " 4." 4 -Whether the mayor, the vice-mayor, a councilmember, the city manager or -the director declares an emergency, such action shall not be construed -as abridging or curtailing the powers or restrictions of the mayor and -city council as defined in the Charter of the city. -Thereafter the mayor and city council may convene to perform their -legislative and administrative powers, and shall receive reports -relative to emergency management activities. -.RE -.IP " 3." 5 -\f[I]Emergency regulations\f[R]. -During any period when disaster threatens or when the city has been -affected by disaster or major emergency, within the definition of this -chapter, the city manager may promulgate such regulations as deemed -necessary to protect life and property and preserve critical resources. -Such regulations may include, but shall not be limited to, the -following: -.RS 5 -.IP " 1." 4 -Regulations prohibiting or restricting the movement of vehicles to -facilitate the work of emergency management forces or the mass movement -of persons from critical areas within or without the city. -.IP " 2." 4 -Regulations pertaining to the movement of persons to and/or from areas -deemed to be hazardous or vulnerable to disaster. -.IP " 3." 4 -Regulations restricting the movement of persons upon the streets at -particular times of days and in particular areas. -.IP " 4." 4 -Such other regulations necessary to preserve public peace, health and -safety. -.IP " 5." 4 -Regulations promulgated in accordance with the authority above will be -given widespread circulation by proclamations published and disseminated -by newspaper, television, radio and other available means of -communications with the public. -These regulations will have the force of ordinance when duly filed with -the city clerk and violations will be subject to the penalties provided -in this chapter. -.RE -.IP " 4." 5 -\f[I]Emergency management forces\f[R]. -Whenever the city manager finds that any condition in the city has -attained, or threatens to attain, the proportions of a disaster or -emergency, he may assemble and utilize emergency management forces and -may prescribe the manner and conditions of their use. -.IP " 5." 5 -\f[I]Mutual aid\[em]Requesting\f[R]. -When disaster or emergencies affect the city to the extent that -conditions are beyond the control of local emergency management forces, -the city manager may request aid from other communities and the state. -.IP " 6." 5 -\f[I]Same\[em]Rendering\f[R]. -When requested, the city manager may send emergency management forces to -the aid of other communities affected by disaster or emergency. -.IP " 7." 5 -\f[I]Emergency procurement\f[R]. -The city manager may make emergency procurements in accordance with the -purchasing policies when an emergency condition arises and the need -cannot be met through normal procurement methods, as referenced in -section 7-206. -.IP " 8." 5 -\f[I]Curfew\f[R]. -After proclamation of an emergency, the city manager may order a general -curfew applicable to such geographical areas of the city or to the city -as a whole, as he deems advisable, and the curfew shall be applicable -during such hours of the day or night as he deems necessary in the -interest of the public safety and welfare. -After the mayor and city council convene, such order is subject to their -approval. -.IP " 9." 5 -\f[I]Emergency prohibitions\f[R]. -After the proclamation of an emergency and in the interest of public -safety and welfare, the city manager may also make any or all emergency -orders deemed necessary. -These may include, without limitation, orders prohibiting the following: -.RS 5 -.IP " 1." 5 -Any person being on the public streets, or in the public parks or at any -other public place during the hours declared by the city manager to be a -period of curfew; -.IP " 2." 5 -The manufacture, transfer, use, possession or transportation of a -molotov cocktail or any other device, instrument or object designed to -explode or produce uncontained combustion; -.IP " 3." 5 -The transporting, possessing or using of gasoline, kerosene or -combustible, flammable or explosive liquids or materials in a glass or -uncapped container of any kind, except in connection with the normal -operation of motor vehicles, normal home use or legitimate commercial -use; -.IP " 4." 5 -The sale, purchase or dispensing of alcoholic beverages; -.IP " 5." 5 -The sale, purchase or dispensing of other commodities or goods, as the -city manager reasonably believes should be prohibited to help preserve -and maintain life, health, property or the public peace; -.IP " 6." 5 -The use of certain streets, highways or public ways by the public; -.IP " 7." 5 -The sale, ownership, possession, transportation, carrying, transfer and -storage of firearms, ammunition and ammunition accessories during a -declared state of emergency unless such is otherwise legal under state -law; -.IP " 8." 5 -Impersonation of a city official or emergency management volunteer; -.IP " 9." 5 -Unauthorized use of any insignia of the city; -.IP " 10." 5 -Unauthorized entry into any disaster area; -.IP " 11." 5 -Following an emergency or disaster vehicle, or purposely driving to any -location on or near a roadway where a disaster or emergency area exists; -.IP " 12." 5 -Proceeding to or remaining at a disaster area for the purpose of being a -bystander, spectator, sightseer, or souvenir hunter, or disturbing any -material objects, equipment, or thing directly or indirectly relating to -or pertaining to the disaster; -.IP " 13." 5 -Obstructing, hindering, or delaying any public official, shelter -manager, or other authorized individual in the enforcement of any rules, -regulations or executive orders issued pursuant to the authority -contained in this chapter; -.IP " 14." 5 -Failing to obey rules, regulations or official orders within a shelter; -.IP " 15." 5 -Failing to obey any executive order issued under this chapter; -.IP " 16." 5 -Unauthorized use of, or tampering with, a siren or other device so as to -simulate any alert or take-cover signal or the termination of an alert -or take-cover signal; and -.IP " 17." 5 -Such other activities as the city manager reasonably believes should be -prohibited to help preserve and maintain life, health, property or the -public peace. -After the mayor and city council convene, all orders are subject to -their approval. -.RE -.IP " 10." 5 -\f[I]Emergency services and volunteers\f[R]. -The city manager may require emergency services of any city officer or -employees. -If regular city forces are determined inadequate, the city manager may -request the services of such other available personnel as can be -obtained, including citizen volunteers. -All duly authorized persons rendering emergency services shall be -entitled to the privileges and immunities as are provided by state law, -the city Charter and ordinances for regular city employees and other -registered and identified emergency management and disaster workers and, -upon demand, may receive appropriate compensation for their emergency -employment. -.IP " 11." 5 -\f[I]Acceptance of emergency management funds\f[R]. -The city manager shall be empowered to accept any gifts, grants and -loans from the federal government, from the state, or from any person, -entity, organization, firm or corporation, as set out in various federal -and state emergency management and disaster relief laws. -.IP " 12." 5 -\f[I]Succession\f[R]. -In the event the city manager is unable to assume emergency duties for -any reason, the normal succession as designated in the emergency -operations plan by the city manager shall take effect. -In the event those individuals are unable to assume the city manager -duties, the mayor and city council shall designate an acting city -manager. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ - -- "836(16)" -\& on 10/17/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-405_Duties_And_Emergency_Powers_Of_The_Emergency_Management_Director" -A "\c" \ - -- "Sec 13-405 Duties And Emergency Powers Of The Emergency Management Director" -\& -.LP -The emergency management director shall be responsible to the city -manager in regard to all phases of emergency management or disaster -activity. -Under the supervision of the city manager, he shall be responsible for -the planning, coordination and operation of emergency management/civil -defense activity (disaster services) in the city. -Under the supervision of the city manager, he shall maintain liaison -with the state and federal authorities and the authorities of other -nearby political subdivisions as to ensure the most effective operations -of the emergency management program. -His duties shall include, but not be limited to, the following: -.IP " 1." 5 -Monitoring and maintaining an awareness of all threats to and -vulnerabilities of the city, including those that are natural, manmade, -or technological in nature; promoting actions to mitigate, where -possible, the threats and vulnerabilities identified; coordinating and -disseminating information concerning those threats and vulnerabilities -to the emergency management forces of the city, the civilian population, -and other interested parties; and providing alerting and/or warning -concerning impending threats to the population of the city; -.IP " 2." 5 -Developing and coordinating plans for the immediate use of all of the -facilities, equipment, manpower and other resources of the city for the -purpose of minimizing or preventing damage to persons and property; and -protecting and restoring to usefulness governmental services and public -utilities necessary for public health, safety and welfare; -.IP " 3." 5 -Coordinating the recruitment of volunteer personnel and agencies to -augment the personnel and facilities of the city for disaster purposes; -.IP " 4." 5 -Negotiating and concluding agreements with owners or persons in control -of buildings or other property for the use of such buildings or other -property for emergency purposes and designating suitable buildings as -public shelters; -.IP " 5." 5 -Providing and promoting informational, educational, outreach, and -training programs to emergency management forces of the city, the -civilian population, and other interested parties as to the mitigation -of, preparation for, response to, and recovery from disasters, civil -emergencies and enemy attack, as defined herein; -.IP " 6." 5 -Conducting practice exercises to ensure the efficient operation of -emergency and disaster forces and to familiarize disaster workers and -residents with disaster regulations, procedures and operations; -.IP " 7." 5 -Maintaining and managing an emergency operations center and other -support facilities and locations during disaster operations, so as to -facilitate coordination of emergency management forces during disasters, -civil emergencies and enemy attack; -.IP " 8." 5 -Coordinating the activity of all other public and private agencies -engaged in any disaster activity, real or implied; -.IP " 9." 5 -Assuming such authority and conducting such activity as the city manager -may direct to promote and execute the emergency operations plan; -.IP " 10." 5 -Supporting long-term recovery efforts within the city after disasters, -civil emergencies and enemy attack; and promoting efforts to increase -the city\[aq]s resiliency prior to, during, and after emergency events; -and -.IP " 11." 5 -Documenting all activities conducted in support of emergency management -program objectives; and providing required information and reports to -the city manager, the Oklahoma Department of Emergency Management (OEM), -the Federal Emergency Management Agency (\[dq]FEMA\[dq]), and other -governmental agencies and organizations as required and appropriate. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ - -- "836(16)" -\& on 10/17/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-406_Emergency_Operations_Plan" -A "\c" \ - -- "Sec 13-406 Emergency Operations Plan" -\& -.IP " 1." 4 -A comprehensive emergency operations plan shall be adopted and -maintained by the city council upon the recommendations of the city -manager and emergency management director. -In the preparation of this plan as it pertains to city organization, it -is the intent that the services, equipment, facilities and personnel of -all existing departments and agencies shall be utilized to the fullest -extent. -When approved, it shall be the duty of all municipal departments and -agencies to perform the functions assigned by the plan and to maintain -their portion of the plan in a current state of readiness at all times. -The emergency operations plan shall be considered supplementary as to -this chapter and have the effect of law whenever a disaster, as defined -in this chapter, has been proclaimed. -.IP " 2." 4 -The emergency management director shall prescribe in the plan those -positions within the disaster organization, in addition to his own, for -which lines of succession are necessary. -In each instance, the responsible person will designate and keep on file -with the emergency manager a current list of three persons as successors -to their position. -The list will be in order of succession and will as nearly as possible -designate persons capable of carrying out all assigned duties and -functions. -.IP " 3." 4 -Each service chief and department head assigned responsibility in the -plan shall be responsible for carrying out all duties and functions -assigned therein. -Duties will include the organization and training of assigned city -employees and volunteers. -Each chief or department head shall formulate the standard operating -procedures and guidelines necessary to carry out the assigned duties and -functions. -.IP " 4." 4 -Amendments to the emergency operations plan shall be submitted to the -city manager. -If approved, the city manager will submit the amendments to the city -council with his recommendation for their approval. -Following city council approval, such amendments shall take effect 30 -days from the date of approval, unless an emergency exists and is -declared, at which time the approved amendments shall become effective -immediately. -.IP " 5." 4 -Other plans relating to emergency and disaster mitigation, preparedness, -response and recovery may also be adopted and maintained as deemed -necessary. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ - -- "836(16)" -\& on 10/17/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-407_Assistance_Of_Persons_Outside_City_Government" -A "\c" \ - -- "Sec 13-407 Assistance Of Persons Outside City Government" -\& -.LP -When a required competency or skill for a disaster function is not -available within the city government, the appropriate department head in -consultation with the city manager is authorized to seek assistance from -persons outside of government. -The assignment of duties, when of a supervisory nature, shall also grant -authority for the persons so assigned to carry out such duties prior to, -during and after the occurrence of a disaster until revoked by the city -manager. -Such services from persons outside of government may be accepted by the -city on a volunteer basis or through charges agreeable to the city and -contractor. -Volunteers obtained to fill said needs shall be enrolled as emergency -management volunteers in cooperation with the heads of city departments -affected. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ - -- "836(16)" -\& on 10/17/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-408_No_Municipal_Or_Private_Liability" -A "\c" \ - -- "Sec 13-408 No Municipal Or Private Liability" -\& -.IP " 1." 4 -This chapter is an exercise by the city through its governmental -functions for the protection of the public peace, health and safety. -Neither the city, nor its agents and representatives or any individual, -receiver, firm, partnership, corporation, association, or trustee, or -any of the agents thereof, in good faith carrying out, complying with or -attempting to comply with any order, rule or regulation promulgated -pursuant to the provisions of this chapter, shall be liable for any -damage sustained to persons or property as the result of said activity. -.IP " 2." 4 -Any person owning or controlling real estate or other premises who -voluntarily and without compensation grants the city the right to -inspect, designate and use the whole or any part of such real estate or -premises for the purpose of sheltering persons during an actual, -impending or practice enemy attack or disaster shall not be civilly -liable for the death of, or injury to, any persons on or about such real -estate or premises under such license, privilege or other permission, or -for loss of, or damage to, the property of such person. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ - -- "836(16)" -\& on 10/17/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-409_Violation_Of_Regulations" -A "\c" \ - -- "Sec 13-409 Violation Of Regulations" -\& -.LP -It shall be unlawful for any person to violate any of the provisions of -this chapter or of the regulations or plans issued pursuant to the -authority contained herein, or to willfully obstruct, hinder or delay -any member of the emergency management organization, as herein defined, -in the enforcement of the provisions of this chapter or any regulation -or plan issued thereunder. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ - -- "836(16)" -\& on 10/17/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-410_Penalty" -A "\c" \ - -- "Sec 13-410 Penalty" -\& -.LP -Any person, firm or corporation violating any provisions of this chapter -or any rule or regulation promulgated thereunder, upon conviction -thereof, will be assessed a fine as established by section 1-108. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ - -- "836(16)" -\& on 10/17/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-411_Violation_Of_Emergency_Price_Stabilization_Act" -A "\c" \ - -- "Sec 13-411 Violation Of Emergency Price Stabilization Act" -\& -.LP -The city manager, upon the concurrence of a majority of the city -council, shall bring an action against any person, firm or individual -that violates the Emergency Price Stabilization Act, as outlined in 15 -O.S. -§ 777.1 et seq. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf" -A "\c" \ - -- "836(16)" -\& on 10/17/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-5_EMERGENCY_TELEPHONE_AND_ALARM_SYSTEMS" -A "\c" \ - -- "CHAPTER 13-5 EMERGENCY TELEPHONE AND ALARM SYSTEMS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-501_Purposes" -A "\c" \ - -- "Sec 13-501 Purposes" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-502_Definitions" -A "\c" \ - -- "Sec 13-502 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-503_False_Alarms" -A "\c" \ - -- "Sec 13-503 False Alarms" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-504_Notice_Of_False_Alarms" -A "\c" \ - -- "Sec 13-504 Notice Of False Alarms" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-505_Emergency_Call_Records" -A "\c" \ - -- "Sec 13-505 Emergency Call Records" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-506_Operational_Defects_To_Be_Remedied" -A "\c" \ - -- "Sec 13-506 Operational Defects To Be Remedied" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-507_Notification_Of_Tests" -A "\c" \ - -- "Sec 13-507 Notification Of Tests" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-508_Fire_Inspection_Of_Alarm_Systems" -A "\c" \ - -- "Sec 13-508 Fire Inspection Of Alarm Systems" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-509_Penalty" -A "\c" \ - -- "Sec 13-509 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-501_Purposes" -A "\c" \ - -- "Sec 13-501 Purposes" -\& -.LP -While recognizing the value of effective alarm systems in deterring -crime and preventing fire losses and while encouraging the use of such -alarm systems, it is the purpose of this chapter to enhance and protect -the emergency services, to require minimum standards for alarm systems -and services therefor, and to license users thereof, to improve system -effectiveness and to reduce, insofar as possible, the misuse of -emergency public services. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ - -- "928(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-502_Definitions" -A "\c" \ - -- "Sec 13-502 Definitions" -\& -.IP " 1." 4 -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this subsection, except where the -context clearly indicates a different meaning: -.br -\f[I] -.br -911 system\f[R] means an emergency phone system which is designed to -receive emergency phone calls by dialing the three-digit number -\[dq]911.\[dq] The system places person requesting emergency service in -touch with fire, police, and ambulance services by dialing the -three-digit number \[dq]911.\[dq] -.br -\f[I] -.br -Alarm business\f[R] means any person or firm engaged in the business of -installing, assisting in the installation, servicing, maintaining, -repairing, replacing, moving, or removing alarm systems in the city and -duly licensed by the state. -.br -\f[I] -.br -Alarm system\f[R] means any mechanism, equipment or device which is -designed to detect the presence of a fire, or an unauthorized entry or -activity in any building or on any property, or to direct attention to a -fire, robbery, burglary, or other emergency in progress, and to signal -the above occurrences either by a local or audible alarm or by a silent -or remote alarm, directly or indirectly to the police or fire -department. -The following devices shall not constitute alarm systems within the -meaning of this chapter: -.RS 4 -.IP " 1." 4 -Devices which do not activate alarms that are audible, visible, or -perceptible outside the protected premises; -.br -.IP " 2." 4 -Devices which are not installed, operated or used for the purpose of -reporting an emergency, either directly or by third party to the police -or fire department; -.br -.IP " 3." 4 -Alarm devices affixed to motor vehicles; -.br -.IP " 4." 4 -Alarm devices installed on a temporary basis by the police or fire -department; and -.br -.IP " 5." 4 -Alarm devices installed in or on premises owned or leased by the city. -\f[I]Answering service\f[R] means a telephone answering service -providing, among its services, the receiving, on a continuous basis -through trained employees, of emergency signals from alarm systems and -the subsequent relaying of messages to the police or fire department on -a person-to-person basis. -.br -.br -\f[I]Automatic dialing device\f[R] means an alarm system which -automatically sends over regular telephone lines, by direction -connection or otherwise, any type of communication or message indicating -the existence of an emergency situation that the alarm system is -designed to detect. -.br -.br -\f[I]Central station\f[R] means an office to which alarm systems are -connected, where operators supervise the circuits, and where guards or -servicemen are maintained continuously to investigate signals. -For purposes of fire alarms, information relay systems shall be in -compliance with the National Fire Prevention Association (hereinafter -\[dq]NFPA\[dq]) standards as set forth in NFPA 71, Central Station -Signaling Systems, NFPA 72A, Local Protective Signaling Systems, NFPA -72B, Auxiliary Protective Signaling Systems, or NFPA 72C, Remote Station -Protective Signaling Systems. -.br -.br -\f[I]Direct line\f[R] means a telephone line leading directly from a -central station to the police or fire department, where such line is -used only to report emergency signals on a person-to-person basis. -.br -.br -\f[I]Emergency\f[R] means the existence of a fire, or the commission or -attempted commission of a robbery, burglary or other criminal action. -.br -.br -\f[I]Employee\f[R] means any person who is employed by an alarm business -and who installs, services, maintains, repairs or replaces alarm systems -in the city. -.br -.br -\f[I]Interconnect\f[R] means to connect a burglar alarm system or other -alarm system, including an automatic dialing device, to a telephone -line, either directly or indirectly, or through a mechanical device that -utilizes a telephone, for the purpose of using the telephone line to -transmit a message upon the activation of the alarm system. -.br -.br -\f[I]Modified central station\f[R] means an office to which alarm -systems are connected, where operators supervise the circuits but where -guards are not maintained to investigate alarm signals. -.br -.br -\f[I]Telephone dialing device\f[R] means a device which is -interconnected to a telephone line and is programmed to select a -predetermined telephone number and transmit by voice message or code -signal an emergency indicating a need for police, fire or medical -responses. -.br -.br -\f[I]Trunk line\f[R] means a telephone line leading into the police or -fire department and having the primary purpose of handling emergency -signals or messages on a person-to-person basis origination through a -central station, modified central station, or answering service. -.RE -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ - -- "928(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-503_False_Alarms" -A "\c" \ - -- "Sec 13-503 False Alarms" -\& -.LP -The term \[dq]false alarm\[dq] means the activation of an alarm system -through mechanical failure, malfunction, the negligence of the alarm -business operator or his employees or agents, or the negligence of the -owner, user or lessee of an alarm system or his employees or agents, or -which otherwise elicits a response by a law enforcement agency or the -fire department when a situation requiring such response does not in -fact exist. -The term \[dq]false alarm\[dq] shall also mean the activation of an -alarm, the purpose of which is to communicate or indicate a specific -emergency situation when in fact that specific emergency situation does -not exist. -The term \[dq]false alarm\[dq] does not include, for example, alarms -activated by utility line mishaps, tornados, earthquakes, or other -violent conditions of nature, or other conditions clearly beyond the -control of the alarm manufacturer, installer, owner or user. -.IP " 1." 4 -False alarms include those caused by: -.RS 4 -.IP " 1." 4 -\f[I]Error\f[R] or \f[I]mistakes\f[R]. -Any action by any person, firm or corporation, or other entity or agent -thereof, owning or operating any dwelling, building or place, which -results in the activation of any alarm system when no emergency exists; -.IP " 2." 4 -\f[I]Malfunction\f[R]. -Any activation of any alarm system caused by a flaw in the normal -operation, design, installation, or maintenance of the system, by faulty -equipment or by a change in the environment or premises upon or within -which the alarm system is operating; -.IP " 3." 4 -\f[I]Intentional misuse\f[R]. -Any intentional activation of an alarm system when no burglary, robbery, -vandalism, fire or other emergency is in progress. -.RE -.IP " 2." 4 -An alarm will not be considered a false alarm if it is determined that -the alarm was caused by: -.RS 4 -.IP " 1." 4 -Natural or manmade catastrophe, or an act of God. -Such events include tornadoes, floods, earthquakes or other similarly -violent conditions; -.IP " 2." 4 -Vandalism, causing physical damage to the premises; -.IP " 3." 4 -Telephone line outage; -.IP " 4." 4 -Attempted entry of a location causing visible, physical or other -evidence of damage to the location; -.IP " 5." 4 -Severe weather causing physical damage to the premises; or -.IP " 6." 4 -The testing of a local/audible alarm system by a licensed alarm business -agent or employee who is present at the premises servicing, repairing or -installing the alarm when such testing does not result in the alarm -being activated for an uninterrupted period exceeding 60 seconds. -.RE -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ - -- "928(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-504_Notice_Of_False_Alarms" -A "\c" \ - -- "Sec 13-504 Notice Of False Alarms" -\& -.IP " 1." 4 -If an excessive number of false alarms occur at any alarm location, the -police or fire departments shall give written notice to the property -owner and to the alarm business responsible for maintaining and -servicing the system to take corrective action within seven days to -prevent future false alarms. -If future false alarms persist, the owner/occupant may be issued a -citation for each occurrence pursuant to section 13-509 and 1-108. -.IP " 2." 4 -An excessive number of false alarms shall be deemed to be: -.RS 4 -.IP " 1." 4 -For businesses with less than 25 employees in any single location: more -than three false alarms within any three-month period; -.IP " 2." 4 -For businesses with 25 or more employees in any single location: more -than six false alarms within any three-month period; or -.IP " 3." 4 -For residences: more than three false alarms within any three-month -period. -.RE -.IP " 3." 4 -The provisions of this chapter shall be administered and enforced by the -chief of police and the fire chief. -The fire chief or his designee is authorized to make inspections of fire -and other emergency alarm systems and of the premises wherein the device -or system is located, or as otherwise provided herein. -.IP " 4." 4 -Any inspection of an alarm location or premises shall be the same as -provided in the Code. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ - -- "928(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-505_Emergency_Call_Records" -A "\c" \ - -- "Sec 13-505 Emergency Call Records" -\& -.LP -Alarm businesses who request police or fire department response to alarm -signals shall maintain a record of all such emergency calls stating the -time, date, location of the alarm and the department called. -The records shall indicate the cause of the alarm and if the alarm is -not caused by fire, burglary, robbery, or other emergency, the records -shall state corrective action taken to prevent the recurrence of the -alarm. -This record shall be current and shall be made available for inspection -by the chief of police and fire chief, or their designated -representatives, at any time during normal business hours. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ - -- "928(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-506_Operational_Defects_To_Be_Remedied" -A "\c" \ - -- "Sec 13-506 Operational Defects To Be Remedied" -\& -.LP -The sensory mechanisms used in connection with any emergency alarm -system shall be adjusted to suppress false alarms due to changes in -water pipes, short flashes of light, wind noises, such as the rattling -or vibrating of doors or windows, vehicular noise adjacent to the -installation, or other forces unrelated to genuine alarms. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ - -- "928(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-507_Notification_Of_Tests" -A "\c" \ - -- "Sec 13-507 Notification Of Tests" -\& -.LP -Alarm businesses shall notify the police dispatcher at police -communications and shall notify the fire marshal or the fire department -dispatcher prior to any service, test, repair, maintenance, adjustment, -alteration or installation of any alarm system which would directly or -indirectly result in an emergency services response. -Any alarm received after such notification while the system is out of -service shall not constitute a false alarm. -Alarm businesses shall notify the police and fire departments when the -system is back in service. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ - -- "928(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-508_Fire_Inspection_Of_Alarm_Systems" -A "\c" \ - -- "Sec 13-508 Fire Inspection Of Alarm Systems" -\& -.LP -Once a police or fire response has been made to a false alarm at a -location, the fire chief or his designee, may inspect or have inspected -the alarm system, including any monitoring service relating thereto, to -determine if the system is being operated in accordance with state and -city regulations and guidelines. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ - -- "928(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-509_Penalty" -A "\c" \ - -- "Sec 13-509 Penalty" -\& -.LP -Unless otherwise provided herein, any person found guilty of violating -any of the provisions of this chapter shall be guilty of an offense and, -upon conviction thereof, shall be punished as provided in section 1-108. -Every day that a violation exists shall constitute a separate violation -and shall be subject to the full penalty contained herein. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf" -A "\c" \ - -- "928(19)" -\& on 12/2/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-6_HAZARDOUS_MATERIAL_INCIDENT_COST_RECOVERY_ORDINANCE" -A "\c" \ - -- "CHAPTER 13-6 HAZARDOUS MATERIAL INCIDENT COST RECOVERY ORDINANCE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-601_Title" -A "\c" \ - -- "Sec 13-601 Title" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-602_Definitions" -A "\c" \ - -- "Sec 13-602 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-603_Hazardous_Materials_Incidents;_Liability_For_Costs" -A "\c" \ - -- "Sec 13-603 Hazardous Materials Incidents; Liability For Costs" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-604_Methods_Of_Enforcement" -A "\c" \ - -- "Sec 13-604 Methods Of Enforcement" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-601_Title" -A "\c" \ - -- "Sec 13-601 Title" -\& -.LP -This chapter shall be known as the \[dq]Hazardous Material Incident Cost -Recovery Ordinance.\[dq] -.PP -(Code 1999, § 13-601; Ord. -No. -330(01), 7-2-2001) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-602_Definitions" -A "\c" \ - -- "Sec 13-602 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Costs\f[R] means and includes, but is not limited to, the -following: -.IP " 1." 5 -All costs incurred for response, containment and/or removal and disposal -of hazardous materials or remedial actions, to include costs associated -with transportation and temporary storage of hazardous materials. -.IP " 2." 5 -All costs incurred for ensuring the safety of the public, to include -costs incurred for actions taken on and off the site of the hazardous -material incident. -.IP " 3." 5 -Damages for injury to, destruction of, or loss of natural resources, as -determined by the appropriate local, state or federal agency, including -the reasonable costs of assessing such injury, destruction, or loss -resulting from a hazardous material incident. -.IP " 4." 5 -Health care costs for persons or animals injured from a hazardous -material incident or costs of any health assessment or health effects -study carried out as a necessity resulting from a hazardous material -incident. -.IP " 5." 5 -Labor, including benefits, overtime and administrative overhead for -government employees. -.IP " 6." 5 -The costs of operating, maintaining, leasing, repairing and replacing -equipment. -.IP " 7." 5 -Contract labor and equipment. -.IP " 8." 5 -Labor and equipment obtained by the city. -.IP " 9." 5 -Materials, including, but not limited to, absorbents, foams, -dispersants, neutralization agents, overpack drums or containers. -.IP " 10." 5 -Supervision of cleanup and abatement. -.LP -\f[I]Hazardous material incident\f[R] means actual or threatened release -of hazardous substances or material, including hazardous waste, which -pose an imminent threat to the environment, and to health, safety or -welfare of the population. -.PP -\f[I]Hazardous substance\f[R] includes any solution, mixture, or -formulation containing hazardous material, or any material which, due to -its chemical or physical characteristics, is determined by the county to -pose a substantial threat to the life, health, or safety of persons or -property or to the environment. -The term \[dq]hazardous substance\[dq] includes, but is not limited to, -explosives, radioactive materials, petroleum products, gases, poisons, -biologic agents, flammables and corrosives. -.PP -\f[I]Natural resources\f[R] means land, fish, wildlife, biota, air, -water, groundwater, drinking water supplies, and other such resources -belonging to, managed by, held in trust by, appertaining to, or -otherwise controlled by the city. -.PP -\f[I]Person\f[R] means an individual, firm, corporation, association, -partnership, commercial entity, consortium, joint venture, governmental -entity, or any other legal entity. -.PP -\f[I]Recovery\f[R] means restoration to pre-event conditions. -.PP -\f[I]Release\f[R] means the accidental or intentional, sudden or gradual -spilling, leaking, pumping, pouring, emitting, emptying, discharging, -injecting, escaping, leaching, dumping or disposing into the -environmental (including the abandonment or discarding of barrels, -containers and other receptacles containing any hazardous material or -substance or waste or pollutant or contaminant). -.PP -\f[I]Response\f[R] means the provision of emergency and non-emergency -assistance during and following an incident and to reduce the likelihood -of secondary damage. -.PP -\f[I]Responsible party\f[R] means the person whose act or omission -caused a release; or the person who owned or had custody or control of -the hazardous substance or waste at the time of such release without -regard to fault or proximate cause; or the person who owned or had -custody or control of the container which held the hazardous substance -at the time or immediately prior to such release without regard to fault -or proximate cause. -.PP -(Code 1999, § 13-602; Ord. -No. -330(01), 7-2-2001) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-603_Hazardous_Materials_Incidents;_Liability_For_Costs" -A "\c" \ - -- "Sec 13-603 Hazardous Materials Incidents; Liability For Costs" -\& -.IP " 1." 4 -Any responsible party who causes a hazardous material incident shall be -liable for the payment of all reasonable and necessary costs, pursuant -to the fee schedule of the city, as if fully set out herein, incurred by -the city for response to and remediation of such an incident. -.IP " 2." 4 -The city will seek all available remedies at law, including, but not -necessarily limited to, this chapter and state and federal statutes, -against any parties responsible for any hazardous materials event. -.LP -(Code 1999, § 13-603; Ord. -No. -330(01), 7-2-2001) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-604_Methods_Of_Enforcement" -A "\c" \ - -- "Sec 13-604 Methods Of Enforcement" -\& -.IP " 1." 4 -\f[I]Civil action\f[R]. -The city may enforce these provisions by civil action in a court of -competent jurisdiction for the collection of any amounts due hereunder -plus administrative collection costs, attorney\[aq]s fees, or for any -other relief that may be appropriate. -A certified copy of a judgment in favor of the city may be recorded in -the public records and thereafter shall constitute a lien upon any real -or personal property owned by such persons and such lien shall be -coequal with the lien of all state, district and municipal taxes -superior in dignity to all other liens, titles, and claims until paid or -extinguished. -.IP " 2." 4 -\f[I]Other remedies\f[R]. -This chapter shall not prohibit the city from pursuing any other remedy, -whether civil or criminal, or from instituting any appropriate action or -proceedings, including injunction in a court of competent jurisdiction; -nor shall the recovery of expenses under this chapter in any way release -the various parties, or limit them, from legal liability incurred as a -result of hazardous material cleanup or abatement as defined under any -local, state or federal rule or regulation. -.LP -(Code 1999, § 13-604; Ord. -No. -330(01), 7-2-2001) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_14_STREETS_AND_SIDEWALKS" -A "\c" \ - -- "PART 14 STREETS AND SIDEWALKS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-1_GENERAL_PROVISIONS" -A "\c" \ - -- "CHAPTER 14-1 GENERAL PROVISIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-2_CURB_AND_STREET_CUTS" -A "\c" \ - -- "CHAPTER 14-2 CURB AND STREET CUTS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-3_CITY_RIGHTS-OF-WAY" -A "\c" \ - -- "CHAPTER 14-3 CITY RIGHTS-OF-WAY" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Municipal roads and streets, 11 O.S. -§ 36-101 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-1_GENERAL_PROVISIONS" -A "\c" \ - -- "CHAPTER 14-1 GENERAL PROVISIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-101_Obstructions_Generally" -A "\c" \ - -- "Sec 14-101 Obstructions Generally" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-102_Interfering_With_Street,_Free_Flow_Of_Traffic" -A "\c" \ - -- "Sec 14-102 Interfering With Street, Free Flow Of Traffic" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-103_Removal_Of_Trees_And_Shrubs_Obstructing_View_Of_Traffic" -A "\c" \ - -- "Sec 14-103 Removal Of Trees And Shrubs Obstructing View Of Traffic" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-104_Display_Of_Sale_Of_Goods,_Wares_And_Merchandise" -A "\c" \ - -- "Sec 14-104 Display Of Sale Of Goods, Wares And Merchandise" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-105_No_Structures_On_Or_Over_Streets_And_Sidewalks" -A "\c" \ - -- "Sec 14-105 No Structures On Or Over Streets And Sidewalks" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-106_Playing_Prohibited" -A "\c" \ - -- "Sec 14-106 Playing Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-107_Unlawful_To_Injure_Trees,_Shrubbery" -A "\c" \ - -- "Sec 14-107 Unlawful To Injure Trees, Shrubbery" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-108_Street_Numbering_System" -A "\c" \ - -- "Sec 14-108 Street Numbering System" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-109_Duties_Of_Owners_And_Occupants_Of_Adjacent_Property_Relative_To_Sidewalk_Obstructions,_Hazards" -A "\c" \ - -- "Sec 14-109 Duties Of Owners And Occupants Of Adjacent Property Relative To Sidewalk Obstructions, Hazards" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-110_Sidewalk_Repairs" -A "\c" \ - -- "Sec 14-110 Sidewalk Repairs" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-111_Sidewalk_Construction_Specifications,_Width" -A "\c" \ - -- "Sec 14-111 Sidewalk Construction Specifications, Width" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-112_Penalty" -A "\c" \ - -- "Sec 14-112 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-101_Obstructions_Generally" -A "\c" \ - -- "Sec 14-101 Obstructions Generally" -\& -.LP -It is unlawful for any person to obstruct in any manner any street, -alley, sidewalk or other public way by leaving or permitting to remain -thereon or therein any vehicle, object, material, structure, fence or -other obstruction of any kind. -.PP -(Code 1999, § 14-101) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-102_Interfering_With_Street,_Free_Flow_Of_Traffic" -A "\c" \ - -- "Sec 14-102 Interfering With Street, Free Flow Of Traffic" -\& -.IP " 1." 4 -It is unlawful to: -.RS 4 -.IP " 1." 4 -Obstruct any public street, public highway, public sidewalk or any other -public place or building by hindering or impeding or tending to hinder -or impede the free and uninterrupted passage of vehicles, traffic or -pedestrians; or -.IP " 2." 4 -Commit in or upon any public street, public highway, public sidewalk or -any other public place or building any act or thing which is an -obstruction or interference to the free and uninterrupted use of -property or with any business lawfully conducted by anyone in or upon or -facing or fronting on any such public street, public highway, public -sidewalk or any other public place or building, all of which prevents -the free and uninterrupted ingress, egress, and regress, therein, -thereon and thereto. -.RE -.IP " 2." 4 -When any person causes or commits any of the conditions enumerated in -subsection (A) of this section, a police officer or any law enforcement -officer shall order that person to stop causing or committing such -conditions and to move on or disburse, or to remove any obstructions. -Any person who fails or refuses to obey such orders shall be guilty of a -violation of this section. -.LP -(Prior Code, 20-5; Code 1999, § 14-102) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-103_Removal_Of_Trees_And_Shrubs_Obstructing_View_Of_Traffic" -A "\c" \ - -- "Sec 14-103 Removal Of Trees And Shrubs Obstructing View Of Traffic" -\& -.IP " 1." 4 -The owner of every lot or parcel of land in the city upon which any -trees, shrubs or plants are growing, or upon which any obstruction has -been placed, shall remove such trees, shrubs, plants or obstruction, or -parts thereof, if they are so situated as to constitute a traffic hazard -by obstructing the view of any driver of any vehicle on the streets of -the city to the extent that the driver is unable to observe the approach -of other vehicles on streets and alleys and at intersections. -.IP " 2." 4 -The owner of any premises abutting on any street shall trim all trees -and shrubbery growing in the parking, between the sidewalks and the -roadway, of any such street, and all trees and shrubbery growing on any -part of the premises adjacent to the sidewalks or any street or alley in -such manner that the boughs or limbs thereof shall not obstruct free and -convenient passage, sight and travel along the streets, sidewalks and -alleys. -If premises are occupied by some person other than the owner, such -occupant shall trim the trees and shrubbery in the same manner as -hereinbefore required of the owner. -Such trees and shrubbery shall be trimmed so that the lowest branches or -foliage shall not be lower than ten feet above the roadway of a street -or alley, nor lower than eight feet above the sidewalk. -.IP " 3." 4 -Any owner or occupant who fails, refuses or neglects to trim trees and -shrubbery as provided in this section, after receiving five days\[aq] -notice from the city manager or his designee to do so, is guilty of an -offense against the city. -In addition to any fine or punishment as an offense, the city may act to -abate the nuisance. -Every day that the owner or occupant fails, refuses or neglects to trim -such trees or shrubbery after the expiration of the five days\[aq] -notice shall be a separate offense. -.LP -(Prior Code, § 20-3; Code 1999, § 14-103) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-104_Display_Of_Sale_Of_Goods,_Wares_And_Merchandise" -A "\c" \ - -- "Sec 14-104 Display Of Sale Of Goods, Wares And Merchandise" -\& -.IP " 1." 4 -Except as otherwise provided in this Code, it is unlawful for any person -to display any goods, wares or merchandise for sale, or to sell the -same, on any street, alley or sidewalk, or from any vehicle parked -thereon, in the corporate limits of the city. -Each separate sale or offer to sell in violation hereof shall constitute -a separate offense. -.IP " 2." 4 -Any vehicle parked on the streets, alleys or sidewalks for the purpose -of making merchandise available for sale by the methods prohibited by -this section shall be promptly moved by the driver upon order of the -police of the city, and if not promptly moved, the same shall be towed -from such location upon order of the police department, and the driver -or custodian of the vehicle shall also be deemed guilty of an offense. -.IP " 3." 4 -In each instance where an individual is guilty of an offense under the -provisions of this section, the person for whom such individual is -acting in the capacity of an agent or employee shall be guilty of a -separate offense. -.LP -(Code 1999, § 14-104) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-105_No_Structures_On_Or_Over_Streets_And_Sidewalks" -A "\c" \ - -- "Sec 14-105 No Structures On Or Over Streets And Sidewalks" -\& -.IP " 1." 4 -It is unlawful for any person to erect or construct, or cause to be -erected or constructed, any cellar or basement way, stairway, door, -awning post, canopy or any other kind of structure projecting into, upon -or over, and adjoining any street or sidewalk within the city, except -that the city engineer may, in his discretion, authorize the same to be -done, where the public health, safety and necessity demand, by granting -a permit therefor. -.IP " 2." 4 -Upon the granting of a permit under this section, conditions as to the -erection of the structure through, upon or over any street or sidewalk -may be fixed by the city engineer, and a contract shall be entered into -as to the maintenance of the structure and as indemnifying agreement -secured, indemnifying and saving the city harmless from any loss, costs -or damage by reason of the structure projecting into, upon or over, and -adjoining any street or sidewalk within the fire limits of the city. -.LP -(Prior Code, § 20-2; Code 1999, § 14-105) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-106_Playing_Prohibited" -A "\c" \ - -- "Sec 14-106 Playing Prohibited" -\& -.LP -It is unlawful for any person to engage in any sport, game, amusement or -to play in, on or across the main-travelled portion of any sidewalk, -street, avenue or alley of the city except as may be authorized by -ordinance. -.PP -(Prior Code, § 20-4; Code 1999, § 14-106) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-107_Unlawful_To_Injure_Trees,_Shrubbery" -A "\c" \ - -- "Sec 14-107 Unlawful To Injure Trees, Shrubbery" -\& -.LP -It is unlawful for any person to injure any tree or shrubbery on a -street or alley in the city. -This section shall not prohibit the lawful and proper care and removal -of such trees and shrubbery. -.PP -(Code 1999, § 14-107) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-108_Street_Numbering_System" -A "\c" \ - -- "Sec 14-108 Street Numbering System" -\& -.IP " 1." 4 -All streets in the city shall be named and known as provided in this -section. -The principal streets of the city shall be: Main Street, being the -street bearing that name at this time and running east and west through -the city, and Broadway, the street now bearing that name and running -north and south through the city. -.IP " 2." 4 -The city shall be divided into four quarters as created by Main Street -and Broadway, and all streets and avenues in the northeast quarter as -thus divided shall be addressed with \[dq]Northeast\[dq] prefixed to the -name; all streets and avenues in the southeast quarter shall be -addressed with \[dq]Southeast\[dq] prefixed to the name; all streets and -avenues in the southwest quarter shall be addressed with -\[dq]Southwest\[dq] prefixed to the name; and all streets and avenues in -the northwest quarter shall be addressed with \[dq]Northwest\[dq] -prefixed to the name. -.LP -(Prior Code, §§ 20-91, 20-92; Code 1999, § 14-108) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-109_Duties_Of_Owners_And_Occupants_Of_Adjacent_Property_Relative_To_Sidewalk_Obstructions,_Hazards" -A "\c" \ - -- "Sec 14-109 Duties Of Owners And Occupants Of Adjacent Property Relative To Sidewalk Obstructions, Hazards" -\& -.IP " 1." 4 -It is unlawful for any person to allow any obstruction of any kind to -accumulate in the sidewalk in front of his premises. -All owners and occupants of property are required to keep their premises -and the sidewalks, gutters, streets and alleys adjacent thereto free -from weeds, trash and all obstructions and to remove such weeds, trash -and obstructions from such places. -.IP " 2." 4 -It is unlawful to deposit, throw or sweep into or upon a street, alley, -parking or sidewalk of the city any trash, weeds, tree trimmings, dirt -or any other refuse of any kind. -.LP -(Code 1999, § 14-109; Ord. -No. -110(95), 1-17-1995) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-110_Sidewalk_Repairs" -A "\c" \ - -- "Sec 14-110 Sidewalk Repairs" -\& -.LP -Repairs in all sidewalks shall be of the same material as the original -walk or as may be required otherwise by the city. -Sidewalk repairs shall be approved by the city. -.PP -(Prior Code, § 20-58; Code 1999, § 14-110) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-111_Sidewalk_Construction_Specifications,_Width" -A "\c" \ - -- "Sec 14-111 Sidewalk Construction Specifications, Width" -\& -.IP " 1." 4 -This section governs the construction of concrete sidewalks. -In excavating for concrete sidewalks, the ground shall be brought to a -subgrade of not less than four inches below the finished grade of the -walks. -The subgrade shall be thoroughly tamped if necessary to furnish a solid -foundation. -.IP " 2." 4 -The provisions of the \[dq]Standard Specifications for Highway -Construction, Oklahoma Department of Transportation, 1988 Edition\[dq] -(hereinafter referred to as Standard Specifications) as referenced in -this section are hereby adopted and incorporated herein by reference. -.IP " 3." 4 -Materials for the construction of concrete sidewalks shall meet the -requirements specified in the following subsection of section -700\[em]Materials of the Standard Specifications: Portland Cement -Concrete, Class A, Subsection 701.01. -.IP " 4." 4 -All forming, placing and finishing shall be in accordance with -subsection 414.04 of the Standard Specifications. -A sawed joint shall be made to connect the old and new pavements. -.RS 4 -.IP " 1." 4 -Contraction joints shall be of the dimensions specified. -The sidewalk shall be divided into sections by dummy joints formed by a -jointing tool or other acceptable means as approved by the city -engineer. -These dummy joints shall extend into the concrete for at least one-third -of the depth and shall be approximately one-eighth inch wide; -.IP " 2." 4 -Expansion joints shall be formed around all appurtenances such as -manholes, utility poles, etc., extending into and through the sidewalk, -driveway or dividing strip. -Premoulded expansion joint filler one-half inch thick shall be installed -in these joints. -Expansion joint filler of the thickness indicated shall be installed -between the concrete and any fixed structure such as a building or -bridge. -This expansion joint material shall extend for the full depth of the -concrete; -.IP " 3." 4 -Concrete shall be cured for at least 72 hours. -Curing shall be by means of moist burlap or mats or by other approved -methods. -During the curing period all traffic, both pedestrian and vehicular, -shall be excluded. -Vehicular traffic shall be excluded for such additional time as the city -engineer shall direct; -.IP " 4." 4 -The general practice of crowning the walks in the residence districts is -hereby prohibited. -All walks shall be constructed with a flat surface pitching toward the -curbline at the rate of one-fourth inch per foot; -.IP " 5." 4 -All sidewalks shall be four feet in width in residential areas or -sections and eight feet in width in commercial/industrial areas. -The outside line of four-foot walks shall be six feet from the front -property line and the outside line of eight-foot walks shall be eight -feet from the front property line; -.IP " 6." 4 -The sides of sidewalks and driveways shall be backfilled as soon as the -forms have been removed and the required pointing up of honeycombed -areas completed. -The backfill shall be of approved earth, thoroughly compacted in layers -not exceeding six inches in depth as shown on the plans or in a manner -approved by the city engineer. -Care shall be taken not to damage the concrete or bituminous material in -placing or compacting the backfill. -Where the general elevation of the adjacent ground surface is lower than -the top of the sidewalk or driveway, the minimum width of the backfill -shall be two feet; -.IP " 7." 4 -Sidewalks shall be protected from traffic using substantial barricades -for a period of seven days for concrete unless otherwise permitted or -ordered by the city engineer. -.RE -.IP " 5." 4 -No brick sidewalks shall be built within the city without prior approval -of the city. -.LP -(Prior Code, §§ 20-56, 20-57, 20-59, 20-60; Code 1999, § 14-111) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-112_Penalty" -A "\c" \ - -- "Sec 14-112 Penalty" -\& -.LP -Any person who violates any provision of this chapter is guilty of an -offense, and, upon conviction thereof, shall be punished as provided in -section 1-108. -Each day upon which a violation continues shall constitute a separate -offense. -.PP -(Code 1999, § 14-112) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-2_CURB_AND_STREET_CUTS" -A "\c" \ - -- "CHAPTER 14-2 CURB AND STREET CUTS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2A_STREETS" -A "\c" \ - -- "ARTICLE 14-2A STREETS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2B_CURB_CUTS" -A "\c" \ - -- "ARTICLE 14-2B CURB CUTS" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2A_STREETS" -A "\c" \ - -- "ARTICLE 14-2A STREETS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-201_Unlawful_To_Cut_Without_Permit" -A "\c" \ - -- "Sec 14-201 Unlawful To Cut Without Permit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-202_Permit" -A "\c" \ - -- "Sec 14-202 Permit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-203_Fee,_Bond" -A "\c" \ - -- "Sec 14-203 Fee, Bond" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-204_Notification_Of_Completion_Of_Work" -A "\c" \ - -- "Sec 14-204 Notification Of Completion Of Work" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-205_No_Delays" -A "\c" \ - -- "Sec 14-205 No Delays" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-201_Unlawful_To_Cut_Without_Permit" -A "\c" \ - -- "Sec 14-201 Unlawful To Cut Without Permit" -\& -.LP -It is unlawful for any person to cut the pavement or curb in or on any -of the streets, sidewalks, avenues or alleys in the city for the purpose -of laying pipe or other connections for utilities, or to cut or -otherwise injure the pavement or curb on any of the streets, avenues or -alleys for any purpose whatsoever without a permit therefor as provided -by this chapter. -.PP -(Prior Code, § 20-31; Code 1999, § 14-201) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-202_Permit" -A "\c" \ - -- "Sec 14-202 Permit" -\& -.LP -Every person who desires to lay pipes or lines for the purpose of making -and preparing any connections to utilities which will require the -cutting of the pavement to make such connections shall first procure -from the city engineer a written permit to cut such pavement or curb and -make such installations for the proposed purpose or otherwise. -No person shall have any right or authority to construct or install any -pipes or lines or otherwise cut the pavement or curbs without first -having secured such permit. -.PP -(Prior Code, § 20-31; Code 1999, § 14-202) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-203_Fee,_Bond" -A "\c" \ - -- "Sec 14-203 Fee, Bond" -\& -.LP -Any person desiring to cut the pavement or other hard surface on any -street or sidewalk in the city shall pay a fee for the permit and -deposit a bond in such sum as is set by the city. -The fee shall be in such amount as set by the city council by motion or -resolution. -.PP -(Prior Code, § 20-31; Code 1999, § 14-203) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-204_Notification_Of_Completion_Of_Work" -A "\c" \ - -- "Sec 14-204 Notification Of Completion Of Work" -\& -.LP -All permittees shall, when they have completed the work for which such -cut has been made, notify the city of the completion of such work in -order that the same may be repaired. -.PP -(Code 1999, § 14-204) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-205_No_Delays" -A "\c" \ - -- "Sec 14-205 No Delays" -\& -.LP -Any permittee cutting pavement by virtue of a permit as authorized -herein shall perform the excavation or other work without delay or -interruption. -.PP -(Code 1999, § 14-205) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2B_CURB_CUTS" -A "\c" \ - -- "ARTICLE 14-2B CURB CUTS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-211_Permits" -A "\c" \ - -- "Sec 14-211 Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-212_Fee" -A "\c" \ - -- "Sec 14-212 Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-213_Inspection" -A "\c" \ - -- "Sec 14-213 Inspection" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-214_Penalty" -A "\c" \ - -- "Sec 14-214 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-211_Permits" -A "\c" \ - -- "Sec 14-211 Permits" -\& -.IP " 1." 4 -It is unlawful for any person to cut, break, tear out or remove the -curbing or any part thereof along the street in the city for any purpose -except upon the following conditions: Any person who desires to cut any -curbing in the city shall first obtain a permit from the city before -doing so. -Application for such permit shall be in writing addressed to the city -engineer and shall state the time and place that the applicant desires -to break the curbing. -The application shall contain such other information as is required by -the city engineer. -.IP " 2." 4 -The city engineer may, in his discretion, refuse to approve any permit -to cut any curbing along the streets of the city when in his opinion the -cutting of the curbing shall constitute a traffic hazard, or interfere -in any way with the safety of the public in the use of the street or -adjacent sidewalk, or in any way deteriorate or damage the street or -interfere with the use thereof by the public. -Only such portions of any curbing may be cut or removed as in the -opinion of the city engineer may be consistent with and not detrimental -to the general public welfare. -.LP -(Code 1999, § 14-211) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-212_Fee" -A "\c" \ - -- "Sec 14-212 Fee" -\& -.LP -A fee as set by the city council by motion or resolution shall be paid -to the city prior to obtaining the permit required in this article. -.PP -(Code 1999, § 14-212) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-213_Inspection" -A "\c" \ - -- "Sec 14-213 Inspection" -\& -.LP -The removing of such curbing, the construction of the driveway and all -other parts of the work in connection therewith shall be subject to the -inspection and approval of the city engineer. -.PP -(Code 1999, § 14-213) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-214_Penalty" -A "\c" \ - -- "Sec 14-214 Penalty" -\& -.LP -Any person who violates any provision of this article shall be guilty of -a misdemeanor and, upon conviction, shall be punished as provided in -section 1-108. -.PP -(Code 1999, § 14-214) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-3_CITY_RIGHTS-OF-WAY" -A "\c" \ - -- "CHAPTER 14-3 CITY RIGHTS-OF-WAY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3A_CONSTRUCTION_WITHIN_CITY-OWNED_RIGHTS-OF-WAY" -A "\c" \ - -- "ARTICLE 14-3A CONSTRUCTION WITHIN CITY-OWNED RIGHTS-OF-WAY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3B_DESIGN_AND_CONSTRUCTION_OF_WIRELESS_FACILITIES" -A "\c" \ - -- "ARTICLE 14-3B DESIGN AND CONSTRUCTION OF WIRELESS FACILITIES" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3A_CONSTRUCTION_WITHIN_CITY-OWNED_RIGHTS-OF-WAY" -A "\c" \ - -- "ARTICLE 14-3A CONSTRUCTION WITHIN CITY-OWNED RIGHTS-OF-WAY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-301_Definitions" -A "\c" \ - -- "Sec 14-301 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-302_Registration_Required" -A "\c" \ - -- "Sec 14-302 Registration Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-303_Registration;_Fine" -A "\c" \ - -- "Sec 14-303 Registration; Fine" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-304_Powers" -A "\c" \ - -- "Sec 14-304 Powers" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-305_Obtaining_A_Rights-Of-Way_Contractor/Subcontractor_Registration;_Refusal_Of_Registration" -A "\c" \ - -- "Sec 14-305 Obtaining A Rights-Of-Way Contractor/Subcontractor Registration; Refusal Of Registration" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-306_Criminal_History_Records_Search_Or_Background_Check" -A "\c" \ - -- "Sec 14-306 Criminal History Records Search Or Background Check" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-307_Contractor/Subcontractor_Registration_Certificate,_Business_Limitations" -A "\c" \ - -- "Sec 14-307 Contractor/Subcontractor Registration Certificate, Business Limitations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-308_Registration_Fee" -A "\c" \ - -- "Sec 14-308 Registration Fee" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-309_Applicability_Of_Contractor/Subcontractor_Registration" -A "\c" \ - -- "Sec 14-309 Applicability Of Contractor/Subcontractor Registration" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-310_Issuance_Or_Denial_Of_Registration" -A "\c" \ - -- "Sec 14-310 Issuance Or Denial Of Registration" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-311_Change_In_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business;_Notification" -A "\c" \ - -- "Sec 14-311 Change In Contractor\[aq]s Name, Address, Legal Service Agent, Or Cease Of Business; Notification" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-312_Certificate_Of_Renewal" -A "\c" \ - -- "Sec 14-312 Certificate Of Renewal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-313_Permits_Required" -A "\c" \ - -- "Sec 14-313 Permits Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-314_Applications_For_Work_In_Right-Of-Way" -A "\c" \ - -- "Sec 14-314 Applications For Work In Right-Of-Way" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-315_Emergency_Conditions" -A "\c" \ - -- "Sec 14-315 Emergency Conditions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-316_Errors_Within_City_Plans" -A "\c" \ - -- "Sec 14-316 Errors Within City Plans" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-317_Validity_Of_Permit" -A "\c" \ - -- "Sec 14-317 Validity Of Permit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-318_Expiration_Of_Permits" -A "\c" \ - -- "Sec 14-318 Expiration Of Permits" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-319_Inspection" -A "\c" \ - -- "Sec 14-319 Inspection" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-320_Reimbursement;_Cost_Of_Completion" -A "\c" \ - -- "Sec 14-320 Reimbursement; Cost Of Completion" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-321_Reimbursement;_Cost_Of_Repair" -A "\c" \ - -- "Sec 14-321 Reimbursement; Cost Of Repair" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-322_Exemption" -A "\c" \ - -- "Sec 14-322 Exemption" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-323_Revocation" -A "\c" \ - -- "Sec 14-323 Revocation" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-324_Violation_And_Penalty" -A "\c" \ - -- "Sec 14-324 Violation And Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-301_Definitions" -A "\c" \ - -- "Sec 14-301 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]City utilities\f[R] means any and all facilities conveying water, -sanitary sewage, storm waters, or vehicular and pedestrian traffic or -any other utilities that are owned by the city, or any other federal -agency. -.PP -\f[I]Facilities\f[R] means sidewalks, roadways, sod, streetscapes, -lines, conduits, ducts, poles, wires, cables, receivers, pipes, -culverts, mains, cross arms, and other devices used, operated, or -maintained for movement of liquids, gasses, people, or information. -.PP -\f[I]Private utilities\f[R] means any and all electric, heating gas, -telephone and television signal, internet, or wireless carrier -facilities or any other utilities not owned by the city, or any other -federal agency. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf" -A "\c" \ - -- "881(18)" -\& on 6/4/2018 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-302_Registration_Required" -A "\c" \ - -- "Sec 14-302 Registration Required" -\& -.LP -Any contractor or subcontractor whose activities are within or upon any -city-owned rights-of-way or easement is hereby required to register with -the city before engaging in such activities. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-303_Registration;_Fine" -A "\c" \ - -- "Sec 14-303 Registration; Fine" -\& -.IP " 1." 4 -A person may not engage in the business nor act in the capacity of a -contractor or subcontractor within the city nor may that person bring or -maintain any claim, action, suit, or proceeding in any court of the -state related to the person\[aq]s business or capacity as a contractor -or subcontractor without a valid registration as provided in this -chapter. -.IP " 2." 4 -A person who fails to obtain a valid registration prior to acting as a -contractor or subcontractor as defined in this chapter, a person who -acts as a contractor or subcontractor while his registration is -suspended or revoked, or a person who violates any provision of this -section shall be guilty of a violation, upon conviction, punishable by a -fine not to exceed $500.00. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-304_Powers" -A "\c" \ - -- "Sec 14-304 Powers" -\& -.LP -The city is authorized to employ personnel and procure such supplies and -equipment as may be necessary to carry out and implement the provisions -of this chapter, subject to budgetary limitations and funding. -The city may promulgate forms to implement the provisions of this -chapter. -The city may administer any provision of this chapter through use of the -Internet or other technology as deemed necessary or appropriate. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-305_Obtaining_A_Rights-Of-Way_Contractor/Subcontractor_Registration;_Refusal_Of_Registration" -A "\c" \ - -- "Sec 14-305 Obtaining A Rights-Of-Way Contractor/Subcontractor Registration; Refusal Of Registration" -\& -.IP " 1." 4 -To obtain a contractor registration under this chapter, an applicant who -is 18 years of age or older shall submit, on forms the city prescribes, -an application for registration. -A copy of the contractor\[aq]s certificate of liability insurance shall -be filed with the application and shall be not less than $500,000.00. -Any insurance company issuing a liability policy to a contractor -pursuant to the provisions of this chapter shall be required to notify -the city in the event such liability policy is cancelled for any reason -or lapses for nonpayment of premiums. -In addition, the contractor shall submit proof that the contractor has -secured workers\[aq] compensation coverage satisfactory under the -Workers\[aq] Compensation Act, or an affidavit of exemption or -self-insurance as authorized pursuant to the Workers\[aq] Compensation -Act. -If the city deems it appropriate or necessary, the city may also require -other information to be included on the application form to assist the -city in registering the person as a contractor. -The application shall contain statements that the applicant desires the -issuance of a contractor registration certificate; that the applicant -will comply with the provisions of this chapter; that the applicant will -comply with state laws and local ordinances relating to standards and -permits; that the applicant has or has not been registered or licensed -as a contractor in another state and whether any disciplinary action was -taken against such registration or license or whether it is still in -good standing; and that the nonresident applicant appoints the secretary -of state as legal service agent for all lawful process to be served upon -the applicant for work performed in the state or as otherwise provided -in this chapter. -.IP " 2." 4 -The city shall refuse to register any person if the city determines: -.RS 4 -.IP " 1." 4 -The application contains false, misleading, or incomplete information; -.IP " 2." 4 -The applicant fails or refuses to provide any information requested by -the city; -.IP " 3." 4 -The applicant fails or refuses to pay the required fees; -.IP " 4." 4 -The applicant is ineligible for registration due to a suspended or -revoked registration in the state; -.IP " 5." 4 -The nonresident applicant has a revoked or suspended registration or -license required by law for contractors in another state; or -.IP " 6." 4 -The applicant has failed or refuses to submit any taxes due in the -state. -.RE -.IP " 3." 4 -The city shall notify the applicant in writing if the city denies a -registration or renewal certificate, and shall provide the applicant an -opportunity to respond to or cure any defect in the written application -or renewal for a period of ten days from the date of the written -notification. -An applicant aggrieved by a decision of the city denying a registration -or renewal may appeal the decision to the city manager as provided in -the Administrative Procedures Act, or the applicant may reapply after a -90-day waiting period, if otherwise eligible in the provisions of this -chapter. -The application and renewal fees shall not be refundable. -.IP " 4." 4 -The city shall classify as not in good standing the registration of any -contractor who fails to: -.RS 4 -.IP " 1." 4 -Maintain liability insurance coverage; -.IP " 2." 4 -Maintain workers\[aq] compensation coverage satisfactory under the -Workers\[aq] Compensation Act, or provide an affidavit of exemption or -self-insurance as authorized pursuant to the Workers\[aq] Compensation -Act; -.IP " 3." 4 -File, renew, or properly amend any fictitious name certificate; -.IP " 4." 4 -Maintain an active status of a corporation or registration as a foreign -corporation, a limited liability company or registration as a foreign -limited liability company, a limited liability partnership registration -or foreign limited liability partnership registration, or a limited -partnership certificate or limited partnership or foreign limited -partnership certificate of authority, with the office of the secretary -of state; -.IP " 5." 4 -File or renew a trade name registration; -.IP " 6." 4 -Maintain or renew a contractor registration as provided in this chapter; -.IP " 7." 4 -Notify the city of a change in name, address, legal business entity, or -legal service agent; -.IP " 8." 4 -Maintain a registration as required by law in another state while -registered in the state as a nonresident contractor; or -.IP " 9." 4 -File and pay all taxes when due in the state. -.RE -.IP " 5." 4 -The city shall send a written notice to the person when his registration -is not in good standing. -Any contractor who has been notified by the city that his registration -is not in good standing shall cease soliciting or entering new services -and projects as of the date of such notification; however, the -contractor shall be allowed to complete projects where actual physical -work has begun prior to the date of issuance of the notice that his -registration is not in good standing. -If the contractor fails to correct the deficiency specified in the -notice by evidence satisfactory to the registrar within 30 days of the -date of the notice, or if the contractor solicits or enters into new -services contracts or projects while the contractor\[aq]s registration -is not in good standing, or while such registration is suspended or -revoked, the contractor shall be in violation of the provisions of this -chapter. -Any registration that remains not in good standing for a 60-day period -shall be suspended on the 60th day from the date of issuance of the -notice to the contractor that his registration is not in good standing. -Any registration that remains not in good standing, and is suspended for -such cause, shall be revoked on the 90th day from the date of issuance -of the notice to the contractor that his registration is not in good -standing. -The city shall notify the contractor upon suspension or revocation of -his registration for failure to comply in bringing such registration -into good standing as required by law. -The contractor may reinstate his registration to good standing by paying -the required fees provided in section 14-308 and complying with all -other requirements for issuance of a registration in good standing. -Any person aggrieved by the decision of the city to suspend or revoke a -registration pursuant to this section may appeal such decision to the -city manager\[aq]s office. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-306_Criminal_History_Records_Search_Or_Background_Check" -A "\c" \ - -- "Sec 14-306 Criminal History Records Search Or Background Check" -\& -.IP " 1." 4 -When deemed appropriate, the city may conduct a criminal history records -search or background check on any applicant or registered contractor and -may investigate the information submitted on a contractor application or -renewal form, provided no adverse action may be taken against the person -until the person has been notified and given an opportunity to respond -in writing. -.IP " 2." 4 -The city, its agents, employees and assigns shall not be liable and are -granted immunity for the acts or omissions of any registered contractor -or its employees, or for any person\[aq]s failure or omission to -properly disclose any information on an application or renewal form, -including, but not limited to, pending criminal charges, arrests or -prior criminal history records, disclosure of his contractor -registration status, or his qualifications to perform or act as a -contractor. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-307_Contractor/Subcontractor_Registration_Certificate,_Business_Limitations" -A "\c" \ - -- "Sec 14-307 Contractor/Subcontractor Registration Certificate, Business Limitations" -\& -.LP -The holder of a contractor registration certificate governed by this -chapter is entitled to engage in the business within the city\[aq]s -rights-of-way or easements pursuant to the provisions of this chapter, -and subject to the following limitations: -.IP " 1." 4 -A contractor\[aq]s registration certificate number shall be valid and in -good standing at the time of soliciting a project and during subsequent -job performance; -.IP " 2." 4 -A contractor\[aq]s registration certificate number shall be submitted -when applying for any permit issued by the state, or any of its -political subdivisions, for projects within the rights-of-way or -easement services or projects, if a permit is required by such -authority, and shall be written upon each permit issued; -.IP " 3." 4 -A contractor\[aq]s registration certificate cannot be shared or used by -any other individual or business entity; provided, however, a business -firm, partnership, association, corporation, limited liability company, -or other group or combination thereof acting as a unit may be granted a -single registration certificate number for use by designated contractors -acting as agents for the business entity when the application for -registration contained sufficient information on each member, partner, -officer and agent; -.IP " 4." 4 -Upon any change to the name, address, business entity, or legal service -agent of a contractor, the city shall be notified in writing; -.IP " 5." 4 -A contractor shall comply with state laws and local ordinances relating -to standards and permits for right-of-way or easement services and -projects; and -.IP " 6." 4 -A contractor must pay taxes due in the state. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-308_Registration_Fee" -A "\c" \ - -- "Sec 14-308 Registration Fee" -\& -.IP " 1." 4 -At the time of making application for a contractor registration -certificate pursuant to this chapter, the applicant shall pay to the -city a fee to be set by the city in the city schedule of fees. -.IP " 2." 4 -All monies collected by the city for a contractor registration -application, renewal and other fee assessment shall be deposited by the -city into the general fund. -.IP " 3." 4 -The fee to be submitted with an application for a contractor -registration may be prorated as set by the city. -Unless prorated at the time of initial registration, fees shall be paid -in the amount stated in subsection (A) of this section and such -registration certificates shall expire June 30 each year. -.IP " 4." 4 -A renewal fee for a contractor registration shall be set by the city in -the city schedule of fees. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-309_Applicability_Of_Contractor/Subcontractor_Registration" -A "\c" \ - -- "Sec 14-309 Applicability Of Contractor/Subcontractor Registration" -\& -.LP -This does not apply to any work performed for the city under municipal -contract. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-310_Issuance_Or_Denial_Of_Registration" -A "\c" \ - -- "Sec 14-310 Issuance Or Denial Of Registration" -\& -.LP -Within 25 calendar days from the date of application, the city shall -either issue or deny the contractor registration. -No registration shall be issued to an applicant until the city receives -all documentation and fees necessary to obtain a registration -certificate in good standing. -The registration certificate issued on an original application entitles -the person to act as a contractor within the city\[aq]s rights-of-way or -easements subject to the limitations of this chapter, until the -expiration of the then current fiscal year ending June 30, except that -an initial registration issued in May or June is valid until June 30 of -the subsequent year. -On the effective date of the ordinance from which this chapter is -derived, a prorated registration certificate issued between January 1, -2011, and April 30, 2011, shall be valid until June 30, 2011. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-311_Change_In_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business;_Notification" -A "\c" \ - -- "Sec 14-311 Change In Contractor\[aq]s Name, Address, Legal Service Agent, Or Cease Of Business; Notification" -\& -.LP -No later than ten days after the date of a change in a contractor\[aq]s -name, address, or legal service agent, or upon a registered contractor -ceasing business as a contractor, the person shall notify the city of -the change on a form provided by the city. -A name, address, or legal service agent change shall be accompanied by a -fee to be set by resolution. -A person may not change his name under an active registration -certificate if the change is associated with a change in the legal -status of the business entity other than a change in marital status. -Doing business under a new business name or change in legal status of a -business requires issuance of a new registration certificate. -When a registered contractor ceases to be active as a contractor, the -city shall suspend the registration certificate of such contractor. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-312_Certificate_Of_Renewal" -A "\c" \ - -- "Sec 14-312 Certificate Of Renewal" -\& -.IP " 1." 4 -Any contractor registration certificate issued under this chapter may be -renewed for each successive fiscal year by obtaining from the city a -certificate of renewal. -To obtain a certificate of renewal, the person shall file with the city -a renewal application by June 30 and pay the renewal fee. -The application for renewal shall require statements under oath that the -applicant has properly submitted income and employment taxes due in the -state and whether or not the applicant has been convicted of any felony -offense, and the nature of such offense, since issuance of the prior -registration. -The applicant shall include with the renewal application a copy of -certificate of liability insurance, unless the registrar has a current -valid certificate of liability insurance on file, and proof of -workers\[aq] compensation coverage, unless exempt under the -Administrative Workers\[aq] Compensation Act (85A O.S. -§ 1 et seq.). -The renewal application need not be notarized. -.IP " 2." 4 -The city shall refuse to renew a contractor\[aq]s registration -certificate for any reason stated in section 14-305. -The city shall notify the applicant in writing if the city denies the -renewal as provided in section 14-310. -.IP " 3." 4 -If any contractor fails to file a renewal application by the June 30 -deadline, that contractor\[aq]s registration shall be not in good -standing. -A contractor has a 30-day grace period after June 30 to renew the -registration certificate without a late fee. -The late fee shall be set by the city in the city schedule of fees. -A contractor registration certificate not renewed by August 30 shall be -suspended for failure to renew, and on January 1, if a contractor\[aq]s -registration certificate still has not been renewed, it shall be revoked -for failure to renew. -.IP " 4." 4 -.IP " 1." 4 -A contractor desiring to renew a registration certificate that has been -suspended for any cause provided in this chapter shall be assessed a fee -equal to twice the amount of the fee established as a renewal amount. -.IP " 2." 4 -The city shall assess a reinstatement fee to be set by the city in the -city schedule of fees plus the fee established by section 14-308 for any -registration that has been revoked for any cause provided in this -chapter. -.IP " 3." 4 -A contractor submitting an application for registration after suspension -or revocation of that contractor\[aq]s registration certificate must be -otherwise eligible for registration under this chapter. -.IP " 5." 4 -The city shall include a registration status notation in a -contractor\[aq]s record if the status of registration changes from an -active and valid registration to not in good standing, denied, suspended -or revoked. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-313_Permits_Required" -A "\c" \ - -- "Sec 14-313 Permits Required" -\& -.LP -A permit is required for the construction, alteration, modification, or -repair of any or all private utilities where city facilities may be -disturbed on or under the city\[aq]s rights-of-way. -The work shall not be made in any place other than the location -specified on the permit, and no work shall begin until the application -has been approved and a permit has been issued. -.PP -\f[B]Cross reference\f[R]\[em] Building permits, § 5-111; Plumbing, -electrical, mechanical and other permits, § 5-113; Unlawful to cut -without permit, § 14-201; Wireless facility permitting, § 14-403. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf" -A "\c" \ - -- "881(18)" -\& on 6/4/2018 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-314_Applications_For_Work_In_Right-Of-Way" -A "\c" \ - -- "Sec 14-314 Applications For Work In Right-Of-Way" -\& -.LP -Where work is to be done in a right-of-way, and there is no applicable -permit type available elsewhere in this code, or upon the requirement of -the community development director or their designee, a right-of-way -permit application shall be made. -There shall be three tiers of right-of-way permit applications, tier 1, -tier 2, and tier 3. -The applicant shall submit to the city a complete right-of-way permit -application for the appropriate tier in the form provided by the city. -Each tier shall have its own requirements as follows: -.IP " 1." 4 -A tier 1 right-of-way permit shall be required for all utility projects -where the proposed utility is intended to serve one commercial or -residential building or structure for private service. -The community development director, or their designee, shall have final -authority of the classification of the project. -The requirements for application for tier 1 right-of-way permits shall -be as follows: -.RS 4 -.IP " 1." 4 -Applications for such permits shall be filed with the city a minimum of -five days prior to date anticipated commencement of construction. -Applications shall include all of the following: -.RS 4 -.IP " 1." 4 -Complete tier 1 right-of-way permit application form. -.IP " 2." 4 -A description of the private utility services that the applicant will or -does offer. -.IP " 3." 4 -A description of private utilities and/or facilities the applicant will -or proposes to place in, on or over the rights-of-way. -.IP " 4." 4 -A description of public utilities and facilities that the applicant -proposes to remove and replace, cross-over, tie into, or encounter in -any matter in the rights-of-way. -.IP " 5." 4 -Two sets of plans, on 11 inch by 17 inch paper, specifications, and a -network map of the facilities to be located within the city -rights-of-way, if applicable. -.IP " 6." 4 -The schedule and date of beginning shall be approved by the director of -community development or their designee. -.IP " 7." 4 -Additional extensions, repairs, or modifications to permitted facilities -during the life of the rights-of-way permit shall be subject to separate -review, approval, and collection of fees prior to amending the permit -for such addition work. -.IP " 8." 4 -If the location of the proposed private utility lies within state or -federal right-of-way, the provider must provide evidence of a permit -from the state or federal government. -.RE -.RE -.IP " 2." 4 -A tier 2 right-of-way permit shall be required for all emergency and -non-emergency utility repair projects where the proposed utility repair -covers less than 100 linear feet of utility pipe or cable. -Utility repair projects covering more than 100 linear feet or pipe or -cable must obtain a tier 3 right-of-way permit unless otherwise -specified by the community development director or their designee, who -shall have final authority of the classification of the project. -The requirements for application for tier 2 right-of-way permits shall -be as follows: -.RS 4 -.IP " 1." 4 -Applications for such permits shall be filed with the city a minimum of -five days prior to date of anticipated commencement of construction for -non-emergency repairs and shall be made on the next succeeding business -day for emergency repairs whether or not the emergency work has been -completed for emergency repairs. -Applications shall include all of the following: -.RS 4 -.IP " 1." 4 -Complete tier 2 right-of-way permit application form. -.IP " 2." 4 -A description of the private utility services that the applicant will or -does offer. -.IP " 3." 4 -A description of private utilities and/or facilities the applicant will -or proposes to place in, on or over the rights-of-way. -.IP " 4." 4 -A description of public utilities and facilities that the applicant -proposes to remove and replace, cross-over, tie into, or encounter in -any matter in the rights-of-way. -.IP " 5." 4 -Two sets of plans, on 11 inch by 17 inch paper, specifications, and a -network map of the facilities to be located within the city -rights-of-way, if applicable. -.IP " 6." 4 -The schedule and date of beginning shall be approved by the director of -community development or their designee. -.IP " 7." 4 -Additional extensions, repairs, or modifications to permitted facilities -during the life of the rights-of-way permit shall be subject to separate -review, approval, and collection of fees prior to amending the permit -for such addition work. -.IP " 8." 4 -The linear length of the proposed utility repair pipe or cable. -.IP " 9." 4 -When disturbing lanes of traffic and as required by the city based on -the proposed scope of work, provider shall submit a traffic control -plan, storm water pollution prevention plan, and/or trench safety plan; -.RE -.RE -.IP " 3." 4 -A tier 3 right-of-way permit shall be required for all utility projects -where the proposed utility is intended to serve more than one commercial -or residential building or structure for private or public service, -including wireless facilities regulated by article B of this chapter. -The community development director, or their designee, shall have final -authority of the classification of the project. -The requirements for application for tier 3 right-of-way permits shall -be as follows: -.RS 4 -.IP " 1." 4 -The applicant and/or utility company shall coordinate with the city the -location and design of the proposed utility to ensure that the proposed -utility does not interfere with existing utilities and with any city -infrastructure and shall meet required separation distances to city -infrastructure as required by this code and applicable state law. -The city shall make available information regarding the known location -of all city utilities upon request. -.IP " 2." 4 -Applications for such permits shall be filed with the city prior to date -anticipated for the commencement of construction and shall include all -of the following: -.RS 4 -.IP " 1." 5 -Complete tier 3 right-of-way permit application form. -.IP " 2." 5 -A description of the private utility services that the applicant will or -does offer. -.IP " 3." 5 -A description of private utilities and/or facilities the applicant will -or proposes to place in, on or over the rights-of-way. -.IP " 4." 5 -A description of public utilities and facilities that the applicant -proposes to remove and replace, cross-over, tie into, or encounter in -any matter in the rights-of-way. -.IP " 5." 5 -Three sets of plans, on 11 inch x 17 inch paper, specifications, and a -network map of the facilities to be located within the city -rights-of-way and for the entire project. -These plans shall include a site plan indicating the location of the -proposed utility as well as all city infrastructure. -.IP " 6." 5 -The schedule and date of beginning shall be approved by the director of -community development or their designee. -.IP " 7." 5 -Additional extensions, repairs, or modifications to permitted facilities -during the life of the rights-of-way permit shall be subject to separate -review, approval, and collection of fees prior to amending the permit -for such addition work. -.IP " 8." 5 -Provider shall submit a traffic control plan, storm water pollution -prevention plan, and/or trench safety plan, if applicable, and as -required by the city. -.IP " 9." 5 -The names and telephone numbers of at least two persons serving as -emergency contacts for the applicant who can be reached by telephone 24 -hours a day, seven days a week, in the event of an emergency; -.IP " 10." 5 -If the location of the proposed wireless facility lies within state or -federal right-of-way, the provider must provide evidence of a permit -from the state or federal government. -.RE -.IP " 3." 4 -If the city deems necessary, the provider shall provide a hold harmless -agreement with the city for the proposed utility. -.RE -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf" -A "\c" \ - -- "881(18)" -\& on 6/4/2018 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-315_Emergency_Conditions" -A "\c" \ - -- "Sec 14-315 Emergency Conditions" -\& -.LP -In the event of an emergency occurring during non-office hours, and -starting of a project is necessary for the protection of public or -private property, said person must contact the police and fire -department; an application for a permit as provided in this chapter -shall be made on the next succeeding business day whether or not the -emergency work has been completed. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-316_Errors_Within_City_Plans" -A "\c" \ - -- "Sec 14-316 Errors Within City Plans" -\& -.LP -Neither the city nor any employee or agent thereof shall be held -responsible for the accuracy or any error appearing in any map. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-317_Validity_Of_Permit" -A "\c" \ - -- "Sec 14-317 Validity Of Permit" -\& -.LP -The issuance of a permit based upon approved plans, specifications, and -other data shall not prevent the director of community development or -his designee from thereafter requiring the correction of errors in said -plans, specifications, and other data or from preventing construction -being carried on thereunder when in violation of this chapter or any -other ordinance or standard of the city. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-318_Expiration_Of_Permits" -A "\c" \ - -- "Sec 14-318 Expiration Of Permits" -\& -.IP " 1." 4 -Every permit issued by the director of community development or his -designee, under the provisions of this chapter shall expire by -limitation and become null and void if the construction authorized by -such a permit is not commenced within 180 days from the date of such -permit, or if the construction authorized by such permit is suspended at -any time after the work is commenced for a period of 180 days. -Before such construction can be recommenced, a new permit shall be first -obtained to do so, and the fee therefor shall be one-half the amount -required for a new permit for such work, provided no changes have been -made or will be made in the original plans and specifications for such -work, and provided that such suspension or abandonment has not exceeded -one year. -In order to renew action on a permit after expiration, the permit fee -shall be a new full permit fee. -.IP " 2." 4 -Any permittee holding an unexpired permit may apply for an extension of -the time within which he may commence work under that permit when he is -unable to commence work within the time required by this section for -good and satisfactory reasons. -The director of community development or his designee may extend the -time for action by the permittee for a period not exceeding 180 days -upon written request by the permittee showing that circumstances beyond -the control of the permittee have prevented action from being taken. -No permit shall be extended more than once. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-319_Inspection" -A "\c" \ - -- "Sec 14-319 Inspection" -\& -.LP -Upon the date of completion, or when notified by the applicant of the -project\[aq]s completion if earlier than the stated date of completion, -the director of community development, or their designee, shall make an -inspection to determine if city facilities or properties have been -restored without damage. -If the community development director or their designee determines that -the project has not been satisfactorily completed, then the applicant -will be given written instructions describing the work which needs -completion. -Additionally, depending on the nature and scope of the work performed -under the permit, the director or their designee may require that a set -of engineer certified \[dq]as-built\[dq] plans be submitted when work is -accepted by the city. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-320_Reimbursement;_Cost_Of_Completion" -A "\c" \ - -- "Sec 14-320 Reimbursement; Cost Of Completion" -\& -.LP -If the applicant has still not completed the work identified pursuant to -this chapter, by the agreed upon date, or within such other period that -may be prescribed by the director of community development or his -designee, the city will give notice to the applicant to complete the -project within 30 days. -If the applicant fails to meet such deadline, the city, at its sole -option, may elect to complete or contract to complete the project to -city standards and/or restore city utilities and facilities, and bill -the applicant for time and material costs, plus 20 percent for overhead. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf" -A "\c" \ - -- "881(18)" -\& on 6/4/2018 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-321_Reimbursement;_Cost_Of_Repair" -A "\c" \ - -- "Sec 14-321 Reimbursement; Cost Of Repair" -\& -.LP -At any time that a city-owned facility is damaged and the city is called -upon to make repairs, the applicant will be billed for time and material -costs, plus 20 percent for overhead. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-322_Exemption" -A "\c" \ - -- "Sec 14-322 Exemption" -\& -.LP -This chapter does not apply to any work performed for the city under -municipal contract. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-323_Revocation" -A "\c" \ - -- "Sec 14-323 Revocation" -\& -.LP -They city shall have the right to revoke the permit of any applicant for -violations of this chapter. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-324_Violation_And_Penalty" -A "\c" \ - -- "Sec 14-324 Violation And Penalty" -\& -.LP -Any person who shall engage in any business, trade, or vocation for -which a license, permit, certificate, or registration is required by -this chapter, without having a valid license, permit, certificate, or -certificate of registration, as required, or who shall fail to do -anything required by this chapter or by any code adopted by this -chapter, or who shall otherwise violate any provision of this chapter or -of any code adopted by this chapter, or who shall violate any lawful -regulation or order made by any of the officers provided for in this -chapter, shall be guilty of an offense, and, upon conviction thereof, -shall be subject to punishment as provided in section 1-108. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf" -A "\c" \ - -- "845(17)" -\& on 1/17/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3B_DESIGN_AND_CONSTRUCTION_OF_WIRELESS_FACILITIES" -A "\c" \ - -- "ARTICLE 14-3B DESIGN AND CONSTRUCTION OF WIRELESS FACILITIES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-401_Definitions" -A "\c" \ - -- "Sec 14-401 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-402_Applicability" -A "\c" \ - -- "Sec 14-402 Applicability" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-403_Permitting" -A "\c" \ - -- "Sec 14-403 Permitting" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-404_Network_Node_And_Node_Support_Pole_Requirements" -A "\c" \ - -- "Sec 14-404 Network Node And Node Support Pole Requirements" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-405_Inventory_Of_Network_Node_And_Node_Support_Poles" -A "\c" \ - -- "Sec 14-405 Inventory Of Network Node And Node Support Poles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-406_Installations_On_Traffic_Signals,_Street_Signage,_Other_Traffic_Control_Structures_And_Lighting_Structures" -A "\c" \ - -- "Sec 14-406 Installations On Traffic Signals, Street Signage, Other Traffic Control Structures And Lighting Structures" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-407_Reservation_Of_Rights" -A "\c" \ - -- "Sec 14-407 Reservation Of Rights" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-408_Interference_With_Operations_And_Liability" -A "\c" \ - -- "Sec 14-408 Interference With Operations And Liability" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-409_Signal_Interference_With_City's_Communications_Infrastructure_Prohibited" -A "\c" \ - -- "Sec 14-409 Signal Interference With City\[aq]s Communications Infrastructure Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-410_Abandonment_Of_Wireless_Facilities" -A "\c" \ - -- "Sec 14-410 Abandonment Of Wireless Facilities" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-411_Relocation_And_Removal_At_Provider's_Expense" -A "\c" \ - -- "Sec 14-411 Relocation And Removal At Provider\[aq]s Expense" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-412_Removal_Or_Relocation_By_Provider" -A "\c" \ - -- "Sec 14-412 Removal Or Relocation By Provider" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-413_Restoration_Of_Wireless_Facilities" -A "\c" \ - -- "Sec 14-413 Restoration Of Wireless Facilities" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-414_Provider_Responsibility" -A "\c" \ - -- "Sec 14-414 Provider Responsibility" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-415_Violation_And_Penalty" -A "\c" \ - -- "Sec 14-415 Violation And Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-401_Definitions" -A "\c" \ - -- "Sec 14-401 Definitions" -\& -.LP -For purposes of this chapter, the following terms shall have the -following meanings. -.PP -\f[I]Antenna\f[R] means communications equipment that transmits or -receives electromagnetic radio frequency signals used in the provision -of wireless services. -.PP -\f[I]Collocate\f[R] and \f[I]collocation\f[R] mean the installation, -mounting, maintenance, modification, operation, or replacement of -network nodes in a public right-of-way on or adjacent to a pole. -.PP -\f[I]Decorative pole\f[R] means a streetlight or traffic signal pole -specially designed and placed for aesthetic purposes and on which no -appurtenances or attachments, other than specially designed -informational, directional signage, temporary holiday or special event -attachments, may be placed. -.PP -\f[I]Macro tower\f[R] means a guyed or self-supported pole or monopole -greater than the height parameters of: -.IP " 1." 4 -Ten feet in height above the tallest existing utility pole located -within 500 linear feet of the new pole in the same public right-of-way; -or -.IP " 2." 4 -Fifty-five feet above ground level; or -.IP " 3." 4 -Supports or is capable of supporting antennas. -.LP -\f[I]Micro network node\f[R] means a network node that is not larger in -dimension than 24 inches in length, 15 inches in width, and 12 inches in -height, and that has an exterior antenna, if any, not longer than 11 -inches. -.PP -\f[I]Network node\f[R] means equipment at a fixed location that enables -wireless communications between user equipment and a communications -network. -The term includes: -.IP " 1." 4 -Equipment associated with wireless communications; -.IP " 2." 4 -A radio transceiver, an antenna, a battery-only backup power supply, and -comparable equipment, regardless of technological configuration; and -.IP " 3." 4 -Electrical, coaxial or fiber-optic cable that is immediately adjacent to -and directly associated with a particular collocation and is not to -exceed 50 feet; and -.LP -The term does not include: -.IP " 1." 4 -An electric generator; -.IP " 2." 4 -A pole; or -.IP " 3." 4 -A macro tower. -.LP -\f[I]Network provider\f[R] or \f[I]provider\f[R] means: -.IP " 1." 4 -A wireless service provider; or -.IP " 2." 4 -A person that does not provide wireless services and that is not an -electric utility but builds or installs on behalf of a wireless service -provider: -.RS 4 -.IP " 1." 4 -Network nodes; or -.IP " 2." 4 -Node support poles or any other structure that supports or is capable of -supporting a network node. -.RE -.LP -\f[I]Node support pole\f[R] means a pole installed by a network provider -for the primary purpose of supporting a network node. -.PP -\f[I]Service pole\f[R] means a pole, other than a municipally owned -utility pole, owned or operated by the City and located in a public -right-of-way, including: -.IP " 1." 4 -A pole that supports traffic control functions; -.IP " 2." 4 -A structure for signage; -.IP " 3." 4 -A pole that supports lighting, other than a decorative pole; and -.IP " 4." 4 -A pole or similar structure owned or operated by the City and supporting -only network nodes. -.LP -\f[I]Small cell\f[R] shall be included as a type of \[dq]network -node.\[dq] -.PP -\f[I]Utility pole\f[R] means a pole that provides: -.IP " 1." 4 -Electric distribution with a voltage rating of not more than 34.5 -kilovolts; or -.IP " 2." 4 -Services a telecommunications provider. -.LP -\f[I]Wireless service\f[R] means any service, using licensed or -unlicensed wireless spectrum, including the use of Wi-Fi, whether at a -fixed location or mobile, provided to the public using a network node. -.PP -\f[I]Wireless service provider\f[R] means a person that provides -wireless service to the public. -.PP -\f[I]Wireless facilities\f[R] means \[dq]micro network nodes,\[dq] -\[dq]network nodes,\[dq] and \[dq]node support poles,\[dq] as those -terms are defined in this section, and related ground equipment. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-402_Applicability" -A "\c" \ - -- "Sec 14-402 Applicability" -\& -.IP " 1." 4 -Providers shall adhere to the requirements found in this chapter for the -installation, operation, maintenance, repair, modification, and -replacement of wireless facilities within the city\[aq]s public -right-of-way or on city owned property. -.IP " 2." 4 -Wireless facility installations or collocations, installed other than in -city owned rights-of-way, shall be installed in accordance with all of -the provisions of this code, including the City of Moore Land -Development Code, Part 12, Chapter 2, 3, and 4, Article H. -.IP " 3." 4 -This chapter governs location and criteria for the installation of -wireless facilities, including: micro network nodes, network nodes, node -support poles, and related ground equipment, being installed. -This chapter shall apply to all locations, installations, and -collocations in, on, over or under the public rights-of-way or city -owned property of such wireless facilities, installed pursuant to an -agreement with the city in its discretion. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-403_Permitting" -A "\c" \ - -- "Sec 14-403 Permitting" -\& -.IP " 1." 4 -\f[I]Attachments to existing poles or structures\f[R]. -A provider shall not install, modify or relocate a network node on an -existing pole or structure within the public right-of-way without first -obtaining an approved wireless facility ROW permit from the city. -Prior to installation, modification or relocation of a network node on -an existing pole or structure, provider shall complete and submit to the -city a complete wireless facility ROW permit application and a -commercial electrical permit application, by a qualified electrical -contractor in the form provided by the city, along with standard -required documents. -Up to five separate network nodes may be submitted under one permit -application. -Each permit application shall include the following items: -.RS 4 -.IP " 1." 5 -Payment of the permit application fee as established in the current fee -schedule and all other fees required by the city, including but not -limited to annual fees set forth in a franchise agreement or other -similar approved agreements for use of the city-owned right-of-way, as -such fees may be adjusted from time to time pursuant to the agreement. -.IP " 2." 5 -An aerial map showing the location of the existing pole or structure to -which the network node is proposed to be attached, and a street view -image of the same; -.IP " 3." 5 -Stamped construction and engineering drawings prepared by a professional -engineer licensed in the State of Oklahoma, and for wireless facilities -proposed to be attached to a service pole or other city-owned or --controlled structure, a certification from the engineer that the -existing pole or structure and its foundations have sufficient -structural stability to support the proposed network node and can bear -the wind load without pole modification. -Such construction and engineering drawings must also address the design -of the connection of any item to the pole; -.IP " 4." 5 -Geographic information system (GIS) data for the location of each -proposed wireless facility in the form required by the city; -.IP " 5." 5 -Detailed drawings, with calculations, showing strict conformity to the -size limitations as set forth in this chapter; -.IP " 6." 5 -Documentation identifying the frequency on which the proposed network -node will operate and a certification that the proposed network node -shall not cause any interference with the city\[aq]s traffic signal -system, public safety radio system, private police cell system, or other -city communications infrastructure; -.IP " 7." 5 -The names and telephone numbers of at least two persons serving as -emergency contacts for the provider who can be reached by telephone 24 -hours a day, seven days a week, in the event of an emergency; -.IP " 8." 5 -Stamped engineering drawings for the electrical service providing power -to the proposed network node, which must include the conduit size, -circuit size, calculations for amp, proposed voltage, and distances -running. -The city is entitled to disconnect power to the network node or other -wireless facilities in emergency situations; -.IP " 9." 5 -Scaled dimensional drawings or pictures of the proposed attachments of -the network node to the existing poles or structures as well as any -other proposed wireless facility, indicating the horizontal and vertical -spacing from existing curbs, driveways, sidewalks, and other existing -poles. -This shall include a before-and-after image of the pole and all proposed -attachments thereto and associated standalone equipment; -.IP " 10." 5 -Scaled dimensional construction and engineering drawings indicating the -current public right-of-way line and showing any proposed underground -conduit and equipment. -Such drawings shall also show a sectional profile of the public -right-of-way and identify all existing utilities and existing utility -conflicts; -.IP " 11." 5 -Where required by the city based on the proposed scope of work, provider -shall submit a traffic control plan, storm water pollution prevention -plan, and/or trench safety plan; -.IP " 12." 5 -If the location of the proposed wireless facility lies within state or -federal right-of-way, the provider must provide evidence of a permit -from the state or federal government; and -.IP " 13." 5 -Certification that the new network node is spaced apart from existing, -approved or proposed new network nodes a distance of at least 1,000 -feet; and -.IP " 14." 5 -The information required to be submitted for construction in -rights-of-way by article A of this chapter. -.RE -.IP " 2." 4 -\f[I]Electrical supply\f[R]. -.RS 4 -.IP " 1." 4 -Provider shall be responsible for obtaining any required electrical -power service to the provider\[aq]s wireless facilities. -Provider\[aq]s electrical supply shall be separately metered from the -city and must match city infrastructure voltage. -The city shall not be liable to the provider for any stoppages or -shortages of electrical power furnished to the wireless facilities, -including without limitation, stoppages or shortages caused by any act, -omission, or requirement of the public utility serving the wireless -facility structure or the act or omission of any other tenant or -provider of the wireless facility structure, or for any other cause -beyond the control of the city; -.IP " 2." 4 -All electrical power service is to be designed and installed according -to part 5, chapter 4 of this Code, including the currently adopted -version of the NEC; -.IP " 3." 4 -A commercial electrical permit is required for all electrical power -service work. -.RE -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_987(21).pdf" -A "\c" \ - -- "987(21)" -\& on 9/20/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-404_Network_Node_And_Node_Support_Pole_Requirements" -A "\c" \ - -- "Sec 14-404 Network Node And Node Support Pole Requirements" -\& -.IP " 1." 4 -\f[I]Installation\f[R]. -Provider shall, at its own cost and expense, install all wireless -facilities in a quality and workmanlike manner and in accordance with -the requirements of this section, other provisions of this chapter, and -all other applicable laws and ordinances. -All work done in connection with the installation, operation, -maintenance, repair, modification, and/or replacement of wireless -facilities shall be in compliance with all applicable laws. -The following requirements apply to the installation, operation, -maintenance, repair, modification, and/or replacement of wireless -facilities: -.RS 4 -.IP " 1." 4 -Wireless facilities shall be concealed or enclosed as much as possible -in an equipment box, cabinet or other enclosure that may include -ventilation openings. -External cables and wires hanging off a pole shall be sheathed or -enclosed in a conduit, so that wires are protected and not visible or -visually minimized to the extent possible; -.IP " 2." 4 -No wireless facility shall be located or placed in a manner that -encroaches on existing or proposed city corner sight triangles or sight -line triangles, as defined by section 12-553 of this Code; -.IP " 3." 4 -Electrical meters shall not be mounted on a service pole or other -city-owned or controlled structure without prior approval from the -community development director or their designee. -Standalone electrical meters shall be located on or within a pad-mounted -pedestal that shall be powder coated a neutral color that harmonizes -with the surrounding area in which it is located. -All electrical meters serving network nodes must display the -provider\[aq]s name and contact information; -.IP " 4." 4 -All power to a network node located on or attached to a service pole or -other city owned or controlled structure must be able to be disconnected -to provide a safe working environment; -.IP " 5." 4 -Use of city conduits for a provider\[aq]s wireless facilities is -prohibited; -.IP " 6." 4 -Network node attachments to a pole shall be installed at least eight -feet above the ground; -.IP " 7." 4 -No protrusion from the outer circumference of the existing structure or -pole to which a network node is attached shall be more than five feet; -.IP " 8." 4 -The color of network nodes shall match the color of the poles or -structures to which they are attached such that the network nodes blend -with the color of the poles or structures and surrounding area -structures; -.IP " 9." 4 -Before beginning excavation in any public right-of-way, provider shall -be responsible for complying with all laws relating to verifying the -location of existing utility lines and facilities and avoiding -encroachment thereon, including the requirements of this chapter; -.RE -.IP " 2." 4 -\f[I]Inspections\f[R]. -.RS 4 -.IP " 1." 4 -The city may perform visual inspections of any wireless facilities -located in the public right-of-way as the city deems appropriate without -notice. -.IP " 2." 4 -In the event of an emergency situation, the city may, but is not -required to, notify provider of an inspection. -The city may take all actions necessary to remediate the emergency -situation and the city shall notify provider as soon as practicable -after remediation is complete. -.IP " 3." 4 -The city shall perform electrical inspections to the electrical supply -systems as required by part 5, chapter 4 of this Code. -.RE -.IP " 3." 4 -\f[I]Placement\f[R]. -.RS 4 -.IP " 1." 4 -\f[I]Design conditions\f[R]. -As a condition for approval of wireless facilities, the city can require -reasonable design or concealment measures for the wireless facilities. -Therefore, any installation that requires design or concealment measures -must have these measures submitted with the permit application. -The city requests that a provider explore the feasibility of using -camouflage measures to improve the aesthetics of the wireless -facilities, or any portion thereof, to minimize the impact to the -aesthetics in these installations. -.IP " 2." 4 -\f[I]Decorative poles\f[R]. -Provider shall neither allow the installation of, nor install wireless -facilities on a decorative pole. -.IP " 3." 4 -\f[I]Public right-of-way\f[R]. -Wireless facilities shall not obstruct, impede, or hinder pedestrian or -vehicular traffic in the public right-of-way or obstruct or interfere -with the legal use of a public right-of-way by other utility providers. -Provider shall promptly remove wireless facilities that are installed in -a location that is not in accordance with the plans approved by the -city, that do not comply with the provisions of this chapter, or that -otherwise render the public right-of-way non-compliant with applicable -laws, including but not limited to the Americans with Disabilities Act. -.RS 4 -.IP " 1." 4 -All node support poles and other ground equipment shall be installed -with a minimum spacing of five feet from any City of Moore owned or -operated water, sewer or drainage infrastructure. -.RE -.IP " 4." 4 -\f[I]Notice to remove unauthorized wireless facilities and penalty\f[R]. -If a provider fails to remove any unauthorized wireless facility or any -wireless facility that is located in an improper location within 30 days -after receiving written notice or the date required by the city, the -provider shall be subject to a penalty of up to $500.00 per day until -the wireless facility is removed or relocated to the correct area within -the permitted location, regardless of whether the provider\[aq]s -contractor, subcontractor, or vendor installed the wireless facility in -strict conformity with this chapter. -.RE -.IP " 4." 4 -\f[I]Generators\f[R]. -Provider shall not allow or install generators or back-up generators in -the public right-of-way. -.IP " 5." 4 -\f[I]Equipment dimensions\f[R]. -.RS 4 -.IP " 1." 4 -Each antenna that does not have exposed elements and is attached to an -existing structure or pole must: -.RS 4 -.IP " 1." 4 -Be located inside an enclosure of not more than six cubic feet in -volume; -.IP " 2." 4 -Not exceed a height of three feet above the existing structure or pole; -and -.IP " 3." 4 -Not protrude from the outer circumference of the existing structure or -pole by more than five feet. -.RE -.IP " 2." 4 -If an antenna has exposed elements and is attached to an existing -structure or pole, the antenna and all of the antenna\[aq]s exposed -elements must: -.RS 4 -.IP " 1." 4 -Fit within an imaginary enclosure of not more than six cubic feet; -.IP " 2." 4 -Not exceed a height of three feet above the existing structure or pole; -and -.IP " 3." 4 -Not protrude from the outer circumference of the existing structure or -pole by more than five feet. -.RE -.IP " 3." 4 -The cumulative size of other wireless equipment associated with the -network node attached to the existing structure or pole may not: -.RS 4 -.IP " 1." 4 -Be more than 28 cubic feet in volume; or -.IP " 2." 4 -Protrude from the outer circumference of the existing structure or pole -by more than five feet. -.RE -.IP " 4." 4 -Ground based enclosures, separate from the pole, housing any equipment -related to the network node, may not be higher than three-feet -six-inches from grade, wider than three-feet six-inches, or deeper than -three-feet six-inches. -.IP " 5." 4 -Equipment attached to a utility pole must be installed in accordance to -the provisions of this chapter, the National Electric Safety Code, the -National Electric Code, and the utility pole owner\[aq]s construction -standards. -.RE -.IP " 6." 4 -\f[I]Signage\f[R]. -.RS 4 -.IP " 1." 4 -Provider shall post its name, location identifying information, and -emergency telephone number in an area on the cabinet of the node support -poles and network nodes that is visible to the public. -Signage required under this section shall not exceed four-by-six inches, -unless otherwise required by law or the city. -.IP " 2." 4 -Provider shall not post any other signage or advertising on the node -support poles and network nodes, or utility pole. -.RE -.IP " 7." 4 -\f[I]Ground equipment\f[R]. -.RS 4 -.IP " 1." 4 -\f[I]Ground equipment near street corners and intersections.\f[R] Ground -equipment shall be minimal and the least intrusive. -Ground equipment must remain out of the sight triangle as described by -section 12-533 of this Code. -.IP " 2." 4 -\f[I]Ground equipment density.\f[R] To enhance the safety requirements -of line of sight of pedestrians, particularly small children, the city -may deny a request for a proposed location. -.RE -.IP " 8." 4 -\f[I]Maintenance\f[R]. -.RS 4 -.IP " 1." 4 -\f[I]Repair\f[R]. -Whenever the installation, placement, attachment, repair, modification, -removal, operation, use, or relocation of wireless facilities, or any -portion thereof, is required and such installation, placement, -attachment, repair, modification, removal, operation, use, or relocation -causes any property of the city to be damaged or to have been altered in -such a manner as to make it unusable, unsafe, or in violation of any -laws, provider, at its sole cost and expense, shall promptly repair and -return such property to its original condition. -If provider does not repair such property or perform such work as -described in this section, then the city shall have the option to -perform or cause to be performed such reasonable and necessary work on -behalf of the provider and to charge the provider for the reasonable and -actual costs incurred by the city. -Provider shall promptly reimburse the city for the costs. -.IP " 2." 4 -\f[I]Graffiti abatement\f[R]. -Provider shall remove all graffiti on any of its wireless facilities -located in the public right-of-way as soon as practical, but not later -than ten days from the date provider receives notice thereof. -.IP " 3." 4 -\f[I]Tree maintenance\f[R]. -Provider and/or its contractors or agents shall obtain written -permission from the city before trimming trees hanging over the -provider\[aq]s wireless facilities to prevent branches of such trees -from contacting the provider\[aq]s wireless facilities. -When directed by the city, provider shall trim such trees under the -supervision and direction of the city. -The provider shall make all reasonable efforts to promote the health and -well-being of any such trees, and shall not at any time trim trees in a -manner that causes unsightly conditions to arise. -The city shall not be liable for any damages, injuries, or claims -arising from provider\[aq]s actions under this section. -.RE -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_987(21).pdf" -A "\c" \ - -- "987(21)" -\& on 9/20/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-405_Inventory_Of_Network_Node_And_Node_Support_Poles" -A "\c" \ - -- "Sec 14-405 Inventory Of Network Node And Node Support Poles" -\& -.IP " 1." 4 -Provider shall maintain a list of its wireless facilities located in the -city and the utility as-builts for associated underground appurtenances -and shall provide the city an inventory of the location and/or as-built -of each such wireless facility and appurtenances upon request from the -city. -Upon the city\[aq]s written request, provider shall provide the -information within 30 days of city\[aq]s request. -The inventory of wireless facilities shall include GIS coordinates, date -of installation, city pole ID number (if applicable), type of pole used -for installation, pole owner, and description/type of installation for -each wireless facility. -With respect to wireless facilities that become inactive, the inventory -shall include the same information as active installations in addition -to the date the wireless facility was deactivated and the date the -wireless facility was removed from the public right-of-way. -The city may compare the inventory to its records to identify any -discrepancies. -.IP " 2." 4 -In the event provider\[aq]s contact information changes and differs from -the information provided on a permit application, provider shall -promptly provide updated contact information to the city for emergency -purposes. -.IP " 3." 4 -Provider shall remit to the city annually beginning January 1, 2021, a -fee per small wireless facility as established in the current fee -schedule and authorized by the State of Oklahoma for the occupancy and -use of the public right-of-way. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349306_943%20(20).pdf" -A "\c" \ - -- "943(20)" -\& on 5/4/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-406_Installations_On_Traffic_Signals,_Street_Signage,_Other_Traffic_Control_Structures_And_Lighting_Structures" -A "\c" \ - -- "Sec 14-406 Installations On Traffic Signals, Street Signage, Other Traffic Control Structures And Lighting Structures" -\& -.IP " 1." 4 -Installations of wireless facilities on a traffic signal structure or -lighting structure must not interfere with the integrity of the -structure in any way that may compromise the safety of the public and -must be in strict conformance with an agreement applicable to each such -installation and the provisions of this chapter. -.IP " 2." 4 -Installation of wireless facilities on any traffic signal structure -shall: -.RS 4 -.IP " 1." 4 -Be encased in a separate conduit than the traffic signal or lighting -electronics; -.IP " 2." 4 -Have a separate electric power connection than the traffic signal or -lighting structure; and -.IP " 3." 4 -Have a separate access point than the traffic signal or lighting -structure; -.RE -.IP " 3." 4 -The city shall have the ability to temporarily cut-off electricity to -the wireless facilities for the safety of maintenance personnel. -In the event of failure of components of the traffic signal system for -whatever reason, including damage resulting from vehicular collisions, -weather-related events, or malicious attacks, city will respond to -restore traffic signal operations as a matter of public safety. -Should the events that result in damage or failure of the traffic signal -system also affect provider\[aq]s wireless facilities, provider shall -have the sole responsibility to repair or replace its wireless -facilities and shall coordinate its own emergency efforts with the city. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-407_Reservation_Of_Rights" -A "\c" \ - -- "Sec 14-407 Reservation Of Rights" -\& -.IP " 1." 4 -The city reserves the right to install, and permit others to install, -utility facilities in the public right-of-way. -In permitting such work to be done by others, the city shall not be -liable to provider for any damage caused by those persons or entities. -.IP " 2." 4 -The city reserves the right to locate, operate, maintain, and remove -city traffic signal poles in the manner that best enables the operation -of its traffic signal system and protects public safety. -.IP " 3." 4 -The city reserves the right to locate, operate, maintain, and remove any -city pole or structure located within the public right-of-way in the -manner that best enables the city\[aq]s operations and protects public -safety. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-408_Interference_With_Operations_And_Liability" -A "\c" \ - -- "Sec 14-408 Interference With Operations And Liability" -\& -.IP " 1." 4 -The city shall not be liable to a provider for any damage caused by -other providers with facilities sharing the same pole or for failure of -provider\[aq]s wireless facilities for whatever reason, including damage -resulting from vehicular collisions, weather-related events, or -malicious attacks. -.IP " 2." 4 -The city shall not be liable to a provider by reason of inconvenience, -annoyance, or injury to the provider\[aq]s wireless facilities or -activities conducted by provider related thereto, arising from the -necessity of repairing any portion of the public right-of-way, or from -the making of any necessary alterations or improvements in, or to, any -portion of the public right-of-way or in, or to, city\[aq]s fixtures, -appurtenances, or equipment. -The city will use reasonable efforts not to cause material interference -to provider\[aq]s operation of its wireless facilities. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-409_Signal_Interference_With_City's_Communications_Infrastructure_Prohibited" -A "\c" \ - -- "Sec 14-409 Signal Interference With City\[aq]s Communications Infrastructure Prohibited" -\& -.IP " 1." 4 -\f[I]No interference\f[R]. -In the event that provider\[aq]s wireless facilities interfere with the -city\[aq]s traffic signal system, public safety radio system, private -police cell system, or other city communications infrastructure, the -provider shall promptly cease operation of the wireless facility causing -such interference upon receiving notice from the city and refrain from -operating such wireless facility in the future. -Provider shall respond to the city\[aq]s notice to address the source of -the interference as soon as practicable, but in no event later than 24 -hours of receiving notice. -.IP " 2." 4 -Protocol for responding to event of interference shall be in strict -conformance with the agreement applicable to each such installation and -the provisions of this chapter. -.RS 4 -.IP " 1." 4 -Additionally, the provider shall include any additional information -relevant to the execution of the remediation plan. -.IP " 2." 4 -In the event that interference with city facilities, services, or -operations cannot be eliminated, provider shall shut down the -interfering wireless facility and remove or relocate the wireless -facility that is the source of the interference as soon as possible to a -suitable alternative location approved by city. -.RE -.IP " 3." 4 -Following installation or modification of a network node, the city may -require provider to test the network node\[aq]s radio frequency and -other functions to confirm it does not interfere with the city\[aq]s -facilities, services, or operations. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-410_Abandonment_Of_Wireless_Facilities" -A "\c" \ - -- "Sec 14-410 Abandonment Of Wireless Facilities" -\& -.LP -Provider shall remove wireless facilities when such facilities are -abandoned regardless of whether provider receives notice from the city. -The removal of wireless facilities shall be completed in accordance with -the provisions of an agreement with the city and all of the provisions -of this chapter. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-411_Relocation_And_Removal_At_Provider's_Expense" -A "\c" \ - -- "Sec 14-411 Relocation And Removal At Provider\[aq]s Expense" -\& -.IP " 1." 4 -Provider shall remove and relocate a wireless facility at its own -expense to an alternative location in accordance to an agreement with -the city, but in no case later than 120 days after receiving written -notice that removal, relocation, and/or alteration of the wireless -facility is necessary. -.IP " 2." 4 -Provider\[aq]s duty to remove and relocate its wireless facility at its -expense is not contingent on the availability of an alternative location -acceptable for relocation. -City may make reasonable efforts to provide an alternative location -within the public right-of-way for relocation, but regardless of the -availability of an alternative site acceptable to provider, provider -shall comply with the notice to remove its wireless facility as -instructed. -.IP " 3." 4 -The city may remove the wireless facility if provider does not remove -the wireless facility within 120 days. -In such event, provider shall reimburse city for the city\[aq]s actual -cost of removal of provider\[aq]s wireless facility within 30 days of -receiving an invoice from the city. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-412_Removal_Or_Relocation_By_Provider" -A "\c" \ - -- "Sec 14-412 Removal Or Relocation By Provider" -\& -.IP " 1." 4 -If the provider removes or relocates a wireless facility at its own -discretion, it shall notify the city in writing not less than ten days -prior to removal or relocation. -Provider shall obtain all permits required for relocation or removal of -its wireless facilities prior to relocation or removal. -.IP " 2." 4 -The city shall not issue any refunds for any amounts paid by provider -for wireless facilities that have been removed. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-413_Restoration_Of_Wireless_Facilities" -A "\c" \ - -- "Sec 14-413 Restoration Of Wireless Facilities" -\& -.LP -Provider shall repair any damage to the public right-of-way and the -property of any third party resulting from provider\[aq]s removal or -relocation activities or any other of provider\[aq]s activities within -ten days following the date of such removal, relocation, or activity, at -provider\[aq]s sole cost and expense, including restoration of the -public right-of-way and such other property to substantially the same -condition as it was immediately before the date provider was granted a -permit for the applicable location, including restoration or replacement -of any damaged trees, shrubs, or other vegetation. -Such repair, restoration and replacement shall be subject to the sole -approval of the city and according to the provisions of this chapter. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-414_Provider_Responsibility" -A "\c" \ - -- "Sec 14-414 Provider Responsibility" -\& -.LP -Provider shall be responsible and liable for the acts and omissions of -provider\[aq]s employees, temporary employees, officers, directors, -consultants, agents, affiliates, subsidiaries, and subcontractors in -connection with the performance of activities within the city\[aq]s -public right-of-way, as if such acts or omissions were provider\[aq]s -acts or omissions. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-415_Violation_And_Penalty" -A "\c" \ - -- "Sec 14-415 Violation And Penalty" -\& -.LP -Any person found in violation of the provisions of this chapter, or fail -to do anything required by this part or by any part of any code adopted -by this part, or who shall violate any lawful regulation or order made -by any of the officers provided for in this part, shall be guilty of an -offense, and upon conviction thereof, shall be subject to punishment as -provided by section 1-108 of this Code. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf" -A "\c" \ - -- "876(17)" -\& on 12/18/2017 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_15_TRAFFIC_AND_VEHICLES" -A "\c" \ - -- "PART 15 TRAFFIC AND VEHICLES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-1_GENERAL_PROVISIONS" -A "\c" \ - -- "CHAPTER 15-1 GENERAL PROVISIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-2_TRAFFIC-CONTROL_DEVICES" -A "\c" \ - -- "CHAPTER 15-2 TRAFFIC-CONTROL DEVICES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-3_EQUIPMENT" -A "\c" \ - -- "CHAPTER 15-3 EQUIPMENT" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-4_CERTAIN_VEHICLES_PROHIBITED" -A "\c" \ - -- "CHAPTER 15-4 CERTAIN VEHICLES PROHIBITED" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-5_DRIVING,_OVERTAKING_AND_PASSING" -A "\c" \ - -- "CHAPTER 15-5 DRIVING, OVERTAKING AND PASSING" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-6_STOPPING,_STANDING_AND_PARKING" -A "\c" \ - -- "CHAPTER 15-6 STOPPING, STANDING AND PARKING" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-7_SPEED_REGULATIONS" -A "\c" \ - -- "CHAPTER 15-7 SPEED REGULATIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-8_RIGHT-OF-WAY" -A "\c" \ - -- "CHAPTER 15-8 RIGHT-OF-WAY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-9_TURNING_MOVEMENTS" -A "\c" \ - -- "CHAPTER 15-9 TURNING MOVEMENTS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-10_ONE-WAY_STREETS_AND_ALLEYS" -A "\c" \ - -- "CHAPTER 15-10 ONE-WAY STREETS AND ALLEYS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-11_TRUCK_ROUTES_AND_PARKING" -A "\c" \ - -- "CHAPTER 15-11 TRUCK ROUTES AND PARKING" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-12_LOADING_ZONES" -A "\c" \ - -- "CHAPTER 15-12 LOADING ZONES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-13_PUBLIC_CARRIER_STOPS" -A "\c" \ - -- "CHAPTER 15-13 PUBLIC CARRIER STOPS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-14_ACCIDENTS" -A "\c" \ - -- "CHAPTER 15-14 ACCIDENTS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-15_MOTORCYCLES" -A "\c" \ - -- "CHAPTER 15-15 MOTORCYCLES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-16_BICYCLES" -A "\c" \ - -- "CHAPTER 15-16 BICYCLES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-17_PEDESTRIANS" -A "\c" \ - -- "CHAPTER 15-17 PEDESTRIANS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-18_ENFORCEMENT" -A "\c" \ - -- "CHAPTER 15-18 ENFORCEMENT" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-19_IMPOUNDMENT_OF_VEHICLES" -A "\c" \ - -- "CHAPTER 15-19 IMPOUNDMENT OF VEHICLES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-20_PENALTIES_AND_ARREST_PROCEDURE" -A "\c" \ - -- "CHAPTER 15-20 PENALTIES AND ARREST PROCEDURE" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-1_GENERAL_PROVISIONS" -A "\c" \ - -- "CHAPTER 15-1 GENERAL PROVISIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-101_Definitions" -A "\c" \ - -- "Sec 15-101 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-102_Security_Verification_Form" -A "\c" \ - -- "Sec 15-102 Security Verification Form" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-103_Vehicle_Owner_Not_To_Permit_Or_Authorize_Violation_Of_Law_Or_This_Chapter" -A "\c" \ - -- "Sec 15-103 Vehicle Owner Not To Permit Or Authorize Violation Of Law Or This Chapter" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-104_Parent_Or_Guardian_Not_To_Authorize_Or_Permit_Child_Or_Ward_To_Violate_Chapter" -A "\c" \ - -- "Sec 15-104 Parent Or Guardian Not To Authorize Or Permit Child Or Ward To Violate Chapter" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-105_Adoption_Of_State_Vehicle_Laws" -A "\c" \ - -- "Sec 15-105 Adoption Of State Vehicle Laws" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-101_Definitions" -A "\c" \ - -- "Sec 15-101 Definitions" -\& -.LP -The following words, terms and phrases, when used in this part, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Alley\f[R] means any narrow public passageway or street ordinarily -located in the interior portion of platted blocks, having no legal or -official name other than alley, as herein defined, and ordinarily open -to traffic and used for service or delivery purposes to the rear of -stores, dwellings or buildings. -.PP -\f[I]Arterial street\f[R] means any U.S. -or state numbered route, controlled-access highway or other major radial -or circumferential street or highway designated by local authorities -within their respective jurisdictions as part of a major arterial system -of streets or highways. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-102. -.PP -\f[I]Authorized emergency vehicle\f[R] means: -.IP " 1." 4 -Vehicles of fire departments; -.IP " 2." 4 -Ambulances or vehicles specified pursuant to 63 O.S. -§ 1-2512(B) of licensed ambulance service providers; -.IP " 3." 4 -State vehicles of law enforcement agencies; -.IP " 4." 4 -County vehicles of sheriffs and full-time commissioned deputies and -vehicles designated by the sheriff for support of the sheriff\[aq]s -office, including privately-owned vehicles driven by the sheriff and -full-time, part-time and reserve commissioned deputies, provided the -audible sirens and flashing red lights equipped on such privately-owned -vehicles are used only in a law enforcement capacity and in the course -of duty; -.IP " 5." 4 -Municipal vehicles of police departments; -.IP " 6." 4 -Vehicles owned and operated by the United States Marshals Service or the -Federal Bureau of Investigation; -.IP " 7." 4 -Vehicles of the Oklahoma National Guard units designated by the Adjutant -General for support to civil authorities; or -.IP " 8." 4 -Vehicles owned and operated by any local organization for emergency -management as defined by 63 O.S. -§ 683.3. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-103. -.PP -\f[I]Bicycle\f[R] means every device upon which any person may ride, -propelled solely by human power through a belt, chain, or gears, and -having two or more wheels; excluding mopeds. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-104. -.PP -\f[I]Boulevard\f[R] or \f[I]through street\f[R] means any street or -highway on which vehicular traffic is given preferential right-of-way, -and at the entrances to which vehicular traffic from intersecting -highways is required by law to yield the right-of-way to vehicles on -such through highway in obedience to either a stop sign or a yield sign, -when such signs are erected as provided by law or ordinance. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-175. -.PP -\f[I]Bus\f[R] means every motor vehicle designed for carrying more than -ten passengers and used for the transportation of persons, and every -motor vehicle, other than a taxicab, designed and used for the -transportation of persons for compensation. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-105. -.PP -\f[I]Business district\f[R] means the territory contiguous to and -including a highway when within any 600 feet along such highway there -are buildings in use for business or industrial purposes, including, but -not limited to, hotels, banks, office buildings, railroad stations or -public buildings which occupy at least 300 feet of frontage on one side -or 300 feet collectively on both sides of the highway. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-106. -.PP -\f[I]Bus loading zone\f[R] means a place adjacent to a curb reserved for -the exclusive use of vehicles during the loading or unloading of -passengers. -.PP -\f[I]Commercial chauffeur\f[R] and \f[I]chauffeur\f[R] mean every person -who operates, drives or is in actual physical control of a Class A, B or -C commercial motor vehicle, as defined in 47 O.S. -§§ 1-107.1\[em]1-107.3. -.PP -\f[I]Commercial vehicles\f[R]. -.IP " 1." 4 -\f[I]Class A\f[R]. -Any combination of vehicles, except a Class D motor vehicle, with a -gross combined weight rating of 26,001 or more pounds, provided the -gross vehicle weight rating of the vehicles being towed is in excess of -10,000 pounds. -.IP " 2." 4 -\f[I]Class B\f[R]. -Any single vehicle, except a Class D motor vehicle, with a gross vehicle -weight rating of 26,001 or more pounds, or any such vehicle towing a -vehicle not in excess of 10,000 pounds gross vehicle weight rating. -This class shall apply to a bus with a gross vehicle weight rating of -26,001 or more pounds and designed to transport 16 or more persons, -including the driver. -.IP " 3." 4 -\f[I]Class C\f[R]. -Any single vehicle or combination of vehicles, other than a Class A or -Class B vehicle as defined above, which is: -.RS 4 -.IP " 1." 4 -Required to be placarded for hazardous materials under 49 CFR 172, -subpart F; or -.IP " 2." 4 -Designed by the manufacturer to transport 16 or more persons, including -the driver. -.RE -.IP " 4." 4 -\f[I]Class D\f[R]. -.RS 4 -.IP " 1." 4 -A Class D motor vehicle is any motor vehicle or combination of vehicles -which: -.RS 4 -.IP " 1." 4 -Regardless of weight: -.RS 4 -.IP " 1." 4 -Is marked and used as an authorized emergency vehicle, as defined in -section 15-101; or -.IP " 2." 4 -Is designed and used solely as a recreational vehicle; -.RE -.IP " 2." 4 -Is a single or combination vehicle with a gross combined weight rating -of less than 26,001 pounds; -.IP " 3." 4 -Is a single or combination farm vehicle with a gross combined weight -rating of more than 26,001 pounds if: -.RS 4 -.IP " 1." 4 -It is entitled to be registered with a farm tag and has a farm tag -attached thereto; -.IP " 2." 4 -It is controlled and operated by a farmer, his family or employees; -.IP " 3." 4 -It is used to transport either agricultural products, farm machinery, -farm supplies or any combination of those materials to or from a farm; -.IP " 4." 4 -It is not used in the operations of a common or contract motor carrier; -and -.IP " 5." 4 -It is used within 150 air miles of the person\[aq]s farm or as otherwise -provided by federal law; or -.RE -.IP " 4." 4 -Is operated by a licensed driver employed by a unit of local government -that operates a commercial motor vehicle within the boundaries of that -unit of local government for the purpose of removing snow or ice from a -roadway by plowing, sanding or salting, if: -.RS 4 -.IP " 1." 4 -The properly licensed employee who ordinarily operates a commercial -vehicle for these purposes is unable to operate the vehicle; or -.IP " 2." 4 -The employing governmental entity determines that a snow or ice -emergency requires additional assistance. -.RE -.RE -.IP " 2." 4 -A Class D motor vehicle shall not include any vehicle which is: -.RS 4 -.IP " 1." 4 -Designed to carry 16 or more passengers, including the driver; or -.IP " 2." 4 -Required to be placarded for hazardous materials under 49 CFR 172, -subpart F, provided a farm vehicle, as defined in subsection (D)(1)c of -this definition, which is required to be placarded for hazardous -materials under 49 CFR 172, subpart F, shall be considered to be a Class -D motor vehicle. -.RE -.RE -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§§ 1-107.1\[em]1-107.4. -.PP -\f[I]Crosswalk\f[R] means that part of a roadway at an intersection -included within the connections of the lateral lines of the sidewalks on -opposite sides of the roadway measured from the curbs, or in the absence -of curbs, from the edges of the traversable roadway; any portion of a -roadway at an intersection or elsewhere distinctly indicated for -pedestrian crossing by lines or other markings on the surface. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-111. -.PP -\f[I]Curb loading zones\f[R] means a space adjacent to a curb reserved -for the exclusive use of vehicles during the loading or unloading of -passengers, freight or materials. -.PP -\f[I]Curb\f[R] means the edge of a roadway marked or understood as such. -.PP -\f[I]Daytime\f[R] means one-half hour before sunrise until one-half hour -after sunset. -The term \[dq]nighttime\[dq] means any other time. -.PP -\f[I]Double park\f[R] means the standing or stopping of a vehicle, -whether occupied or not, on the roadway. -.PP -\f[I]Driver\f[R] means every person who drives or is in actual physical -control of a vehicle. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-114. -.PP -\f[I]Emergency\f[R] means a condition suddenly created, requiring -immediate action for the preservation of public peace, health or safety, -and among other things particularly means any fire, unusual storm, -death, riot or unusual traffic condition. -.PP -\f[I]Explosives\f[R] means as defined in 49 CFR 173. -.PP -\f[I]Flammable liquid\f[R] means liquid which has a flash point of 70 -degrees Fahrenheit or less, as determined by a Tagliabue or equivalent -closed-up test device and having a vapor pressure not exceeding 40 psi -at 100 degrees Fahrenheit. -.PP -\f[I]Intersection means:\f[R] -.IP " 1." 4 -The area embraced within the prolongation or connection of the lateral -curblines, or, if none, then the lateral boundary lines of the roadways -of two highways which join one another at, or approximately at, right -angles, or the area within which vehicles traveling upon different -highways joining at any other angle may come in conflict; or -.IP " 2." 4 -Where a highway includes two roadways 30 feet or more apart, then every -crossing of each roadway of such divided highway by an intersecting -highway shall be regarded as a separate intersection. -In the event such intersecting highway also includes two roadways 30 -feet or more apart, then every crossing of two roadways of such highways -shall be regarded as a separate intersection. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-126. -.PP -\f[I]Laned roadway\f[R] means a roadway which is divided into two or -more clearly marked lanes for vehicular traffic. -.PP -\f[I]License to operate a motor vehicle\f[R] means: -.IP " 1." 4 -Any valid driver\[aq]s license or permit to operate a motor vehicle -issued under the laws of the state, including any temporary license or -instruction permit, the lawful possession of which by a resident of the -state shall be evidence that the resident has been granted the privilege -to operate a motor vehicle. -.IP " 2." 4 -Any nonresident\[aq]s operating privilege as defined in section 47 O.S. -§ 1-138, which is evidenced by the lawful possession of a valid -driver\[aq]s license or permit to operate a motor vehicle issued under -the laws of another state. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-128. -.PP -\f[I]Motorcycle\f[R] means every motor vehicle having a seat or saddle -for the use of the rider and designed to travel on not more than three -wheels in contact with the ground, but excluding a tractor; and a -combustion engine with a piston or rotor displacement of 150 cubic -centimeters or greater. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-135. -.PP -\f[I]Motor-driven cycle\f[R] means any motor vehicle having a power -source that if the power source is a combustion engine, has a piston or -rotor displacement of greater than 35 cubic centimeters but less than -150 cubic centimeters regardless of the number of chambers in the power -source, if the power source is electric, has a power output of greater -than 1,000 watts; and a seat or saddle for the use of each rider; and -not more than three wheels in contact with the ground. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-136. -.PP -\f[I]Metal tire\f[R] means every tire, the surface of which in contact -with the highway is wholly or partly of metal or other hard, -nonresilient material. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-133. -.PP -\f[I]Motor vehicle\f[R] means every vehicle which is self-propelled and -every vehicle not operated upon rails. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-134. -.PP -\f[I]Motor vehicle accident\f[R] is defined and classified as in the -\[dq]Manual on Classification of Motor Vehicle Traffic Accidents\[dq] -prepared by the Committee on Uniform Traffic Accident Statistics, -Traffic Conference, and distributed by the National Safety Council. -.PP -\f[I]Muffler\f[R] means a device designed for the use on a particular -internal-combustion engine and properly affixed thereto for the purpose -of reducing the exhaust noise of such engine to an unobjectionable -level. -.PP -\f[I]Official traffic-control devices\f[R] means all signs, barricades, -signals, markings and devices not inconsistent with this part placed or -erected by authority of a public body or official having jurisdiction -for the purpose of regulating, warning or guiding traffic which conforms -to the latest edition of the \[dq]Manual on Uniform Traffic Control -Devices for Streets and Highways,\[dq] published by the U.S. -Department of Transportation, a copy of which is on file. -.PP -\f[I]Operator\f[R] means every person, other than a commercial chauffeur -or chauffeur, who drives or is in actual physical control of a motor -vehicle upon a highway or who is exercising control over or steering a -vehicle being towed by a motor vehicle. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-149. -.PP -\f[I]Owner\f[R] means a person who holds the legal title of a vehicle; -or in the event a vehicle is the subject of an agreement for the -conditional sale or lease thereof with a right of purchase upon -performance of the conditions stated in the agreement and with an -immediate right of possession vested in the conditional vendee or -lessee, or in the event a mortgagor of a vehicle is entitled to -possession, then such conditional vendee or lessee or mortgagor shall be -deemed the owner. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-141. -.PP -\f[I]Park\f[R] or \f[I]parking\f[R] means the standing of a vehicle, -whether occupied or not, otherwise than temporarily for the purpose of -and while actually engaged in loading or unloading merchandise or -passengers; a public parking lot is any parking lot on right-of-way -dedicated to public use or owned by the state or a political subdivision -thereof. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-142. -.PP -\f[I]Passenger\f[R] means a rider in any vehicle other than the driver. -.PP -\f[I]Pedestrian\f[R] means any person afoot. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-143. -.PP -\f[I]Police officer\f[R] means every officer of the municipal police -department or any officer authorized to direct or regulate traffic or to -make arrests for violations of traffic regulations. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-147. -.PP -\f[I]Private road\f[R] or \f[I]driveway\f[R] means every way or place in -private ownership and used for vehicular travel by the owner and those -having express or implied permission from the owner, but not by other -persons. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-148. -.PP -\f[I]Railroad\f[R] means a carrier of persons or property operated upon -stationary rails. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-149. -.PP -\f[I]Railroad sign\f[R] or \f[I]signal\f[R] means any sign, signal or -device erected by authority of a public body or official or by a -railroad and intended to give notice of the presence of railroad tracks -or the approach of a railroad train. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-150. -.PP -\f[I]Railroad train\f[R] means a steam engine, electric or other motor, -with or without cars coupled thereto, operated upon rail. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-151. -.PP -\f[I]Registration\f[R] means the registration certificates and -registration plates issued under the laws of the state pertaining to the -registration of vehicles. -.PP -\f[I]Residence district\f[R] means the territory contiguous to and -including a highway not comprising a business district when the property -on such highway for a distance of 300 feet or more is in the main -improved with residences or residences and buildings in use for -business. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-154. -.PP -\f[I]Revocation of driver\[aq]s license\f[R] or \f[I]revocation of -driving privilege\f[R] means the termination by formal action of the -department of a person\[aq]s driver\[aq]s license or privilege to -operate a motor vehicle on the public highways, such action shall -include the requirement of the surrender to the department of public -safety said person\[aq]s driver\[aq]s license. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-155. -.PP -\f[I]Right-of-way\f[R] means the privilege of the immediate use of the -roadway. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-156. -.PP -\f[I]Road tractor\f[R] means every motor vehicle designed and used for -drawing other vehicles and not so constructed as to carry any load -thereon either independently or any part of the weight of a vehicle or -load so drawn. -.PP -\f[I]Roadway\f[R] means that portion of a highway improved, designed or -ordinarily used for vehicular traffic, exclusive of the shoulder. -In the event a highway includes two or more separate roadways, the term -\[dq]roadway\[dq] as used herein refers to any such roadway separately -but not to all such roadways collectively. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-158. -.PP -\f[I]Safety zone\f[R] or \f[I]island\f[R] means an area or space -officially set apart within a roadway for the exclusive use of -pedestrians and which is protected or is so marked or indicated by -adequate signs as to be plainly visible at all times while set apart as -a safety zone. -.PP -\f[I]School bus\f[R] means every motor vehicle owned by a public or -governmental agency and operated for the transportation of children to -or from school or privately-owned and -operated for compensation for the -transportation of children to or from school. -The term \[dq]school bus\[dq] shall not include buses normally used in -city transit which may be used part-time for transportation of school -children within the city during some portion of the day. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-160. -.PP -\f[I]Semi-trailer\f[R] means every vehicle with or without motive power, -other than a pole trailer, designed for carrying persons or property and -for being drawn by a motor vehicle and so constructed that some part of -its weight and that of its load rests or is carried by another vehicle. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-162. -.PP -\f[I]Shoulder\f[R] means the portion of the roadway contiguous with the -traveled way for accommodation of stopped vehicles, for emergency use, -and for lateral support of base and surface courses. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-158. -.PP -\f[I]Sidewalk\f[R] means that portion of a street between the curblines, -or the lateral lines of a roadway, and the adjacent property lines, -intended for use of pedestrians. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-163. -.PP -\f[I]Solid tire\f[R] means every tire of rubber or other resilient -material which does not depend upon compressed air for the support of -the load. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-164. -.PP -\f[I]Stand\f[R] or \f[I]standing\f[R] means the halting of a vehicle, -whether occupied or not, otherwise than temporarily for the purpose of -and while actually engaged in receiving or discharging passengers. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-167. -.PP -\f[I]Stop\f[R], when required, means complete cessation from movement. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-169. -.PP -\f[I]Stop\f[R] or \f[I]stopping\f[R], when prohibited, means any -halting, even momentarily, of a vehicle, whether occupied or not, except -when necessary to avoid conflict with other traffic or in compliance of -the directions of a police officer, a traffic-control sign or signal. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-170. -.PP -\f[I]Street\f[R] or \f[I]highway\f[R] means the entire width between the -boundary lines of every way publicly maintained when any part thereof is -open to the use of the public for purposes of vehicular travel. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-122. -.PP -\f[I]Suspension of driver\[aq]s license orsuspension of driver\[aq]s -privilege\f[R] means the temporary withdrawal by formal action of the -department of a person\[aq]s driver\[aq]s license or privilege to -operate a motor vehicle on the public highways. -Such action shall include the requirement of the surrender to the -department of public safety said person\[aq]s driver\[aq]s license. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-173. -.PP -\f[I]Taxicab\f[R] means and includes any motor vehicle for hire, -designed to carry eight persons or less, operated upon any street or -highway, or on call or demand, accepting or soliciting passengers -indiscriminately for transportation for hire between such points along -streets or highways as may be directed by the passenger or passengers so -being transported. -This classification shall not include: -.IP " 1." 4 -Motor vehicles of eight-passenger capacity or less operated by the owner -where the cost of operation is shared by fellow workmen between their -homes and the place of regular daily employment, when not operated for -more than two trips per day; -.IP " 2." 4 -Motor vehicles operated by the owner where the cost of operation is -shared by the passengers on a \[dq]share the expense plan\[dq]; or -.IP " 3." 4 -Motor vehicles transporting students from the public school system when -said motor vehicle is so transporting under contract with a public, -private, or parochial school board or governing body. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-174. -.PP -\f[I]Through street\f[R] or \f[I]highway\f[R] means every highway or -portion thereof on which vehicular traffic is given preferential -right-of-way, and at the entrances to which vehicular traffic from -intersecting highways is required by law to yield the right-of-way to -vehicles on such through highway in obedience to either a stop sign or a -yield sign, when such signs are erected as provided by law or ordinance. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-175. -.PP -\f[I]Traffic\f[R] means pedestrians, ridden or herded animals, vehicles -and other conveyances, either single or together, while using any -highway for purposes of travel. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-177. -.PP -\f[I]Traffic-control signal\f[R] means any device, whether manually, -electrically or mechanically operated, by which traffic is alternatively -directed to stop, proceed or proceed with caution. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-178. -.PP -\f[I]Traffic lane\f[R] means the portion of the traveled way for the -movement of a single line of vehicles. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-179. -.PP -\f[I]Trailer\f[R] means every vehicle with or without motive power, -other than a pole trailer, designed for carrying persons or property and -for being drawn by a motor vehicle and so constructed that no part of -its weight rests upon the towing vehicle; provided, however, this -definition shall not include implements of husbandry as defined in 47 -O.S. -§ 1-125. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-180. -.PP -\f[I]Truck\f[R] means every motor vehicle designed, used or maintained -primarily for the transportation of property. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-182. -.PP -\f[I]Urban district\f[R] means the territory contiguous to and including -any street which is built up with structures devoted to business, -industry or dwelling houses situated at intervals of less than 100 feet -for a distance of a quarter of a mile or more. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-185. -.PP -\f[I]U-turn\f[R] means turning a vehicle around so as to proceed in the -opposite direction. -.PP -\f[I]Vehicle\f[R] means every device in, upon or by which any person or -property is or may be transported or drawn upon a highway, except -devices used exclusively upon stationary rails or tracks; this shall not -include implements of husbandry, electric personal assistive mobility -devices, and motorized wheelchairs. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 1-186. -.PP -\f[I]Yield\f[R] means the yielding of the right-of-way to all vehicles -or pedestrians approaching from the right or left intersecting street -which are so close as to constitute an immediate hazard. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-102_Security_Verification_Form" -A "\c" \ - -- "Sec 15-102 Security Verification Form" -\& -.IP " 1." 4 -Unless otherwise provided by law, no motor vehicle shall be operated -within the city unless there is in effect with respect to such vehicle -security for the payment of loss resulting from the liability imposed by -law for bodily injury, death and property damage sustained by any person -arising out of the ownership, maintenance, operation or use of the -vehicle. -Every person, while operating or using a motor vehicle within the city -which is not owned by such person, shall maintain in force security for -the bodily injury, death or property damage sustained by any person -arising out of the operation or use of the vehicle, unless such security -has been provided by the owner in accordance with this section which -does not exclude the person from coverage. -Proof of such security shall be carried in the vehicle at all times and -shall be produced for inspection upon request by any law enforcement -officer or representative of the department of public safety and, in -case of collision, such proof shall be shown upon request of any person -affected by the collision. -.IP " 2." 4 -The following shall not be required to carry an owner\[aq]s or -operator\[aq]s security verification form or an equivalent form from the -department of public safety during operation of the vehicle: -.RS 4 -.IP " 1." 4 -Any vehicle owned or leased by the federal or state government, or any -agency or political subdivision thereof; -.IP " 2." 4 -Any vehicle bearing the name, symbol or logo of a business, corporation -or utility on the exterior, and which is in compliance with provisions -of 47 O.S. -§§ 7-600\[em]7-607, according to the records of the state department of -public safety which reflect a deposit, bond, self-insurance, or fleet -policy; -.IP " 3." 4 -Any vehicle authorized for operation pursuant to a permit number issued -by the interstate commerce commission or the corporation commission; -.IP " 4." 4 -Any licensed taxicab; and -.IP " 5." 4 -Any vehicle owned by a licensed motor vehicle dealer. -.RE -.IP " 3." 4 -The following words, terms and phrases, when used in this section, shall -have the meanings ascribed to them in this subsection, except where the -context clearly indicates a different meaning: -.br -\f[I] -.br -Compulsory Insurance Law\f[R] means the law requiring liability -insurance in conjunction with the operation of a motor vehicle in the -state as found in 47 O.S. -§ 7-606. -.br -\f[I] -.br -Online verification system for motor vehicle insurance\f[R] is an online -verification system for motor vehicle liability policies as required by -the Compulsory Insurance Law which is provided and maintained by the -department of public safety. -Any law enforcement officer, to establish compliance with the Compulsory -Insurance Law during a traffic stop or accident investigation, shall -access information from the online verification system to verify the -current validity of the policy described on a security verification form -produced by the operator of each motor vehicle during the traffic stop -or accident investigation. -If compliance is not confirmed for the policy described on the security -verification form produced by the operator and a subsequent -investigation conducted by the officer verifies that the operator is not -in compliance or if no security verification form is produced, the -officer shall issue a citation to the operator for failure to comply -with the Compulsory Insurance Law. -Establishing compliance with the Compulsory Insurance Law through the -online verification system shall not be the primary cause for law -enforcement to stop a motor vehicle. -.br -\f[I] -.br -Operator\[aq]s policy\f[R] means an operator\[aq]s policy of liability -insurance which shall insure the named person against loss from the -liability imposed upon him by law for damages arising out of the -operation or use by him of any motor vehicle not owned by him, subject -to the same limits of liability required in an owner\[aq]s policy. -.br -\f[I] -.br -Owner\[aq]s policy\f[R] means an owner\[aq]s policy of liability -insurance which: -.RS 4 -.IP " 1." 4 -Shall designate by explicit description or by appropriate reference all -vehicles with respect to which coverage is thereby to be granted; -.IP " 2." 4 -Shall insure the person named therein and insure any other person, -except as provided in subsection (3) of this definition, using an -insured vehicle with the express or implied permission of the named -insured, against loss from the liability imposed by law for damages -arising out of the ownership, maintenance, operation or use of such -vehicle; -.IP " 3." 4 -May provide for exclusions from coverage in accordance with existing -laws; and -.IP " 4." 4 -Shall be issued by an authorized carrier providing coverage in -accordance with 47 O.S. -§ 7-204. -\f[I]Security\f[R] means: -.IP " 1." 4 -A policy or bond meeting the requirements of 47 O.S. -§ 7-204; -.IP " 2." 4 -A deposit of cash or securities having the equivalency of limits -required under 47 O.S. -§ 7-330 as acceptable limits for a policy or bond; or -.IP " 3." 4 -Self-insurance, pursuant to the provisions of 47 O.S. -§ 7-503, having the equivalency of limits required under 47 O.S. -§ 7-204 as acceptable limits for a policy or bond. -\f[I]Security verification form\f[R] means a form, approved by the state -insurance commissioner, verifying the existence of security required by -the Compulsory Insurance Law of the state. -.RE -.IP " 4." 4 -An owner or operator who fails to produce for inspection a valid and -current security verification form or equivalent form which has been -issued by the department upon request of any peace officer of the -department shall be guilty of a misdemeanor and, upon conviction, shall -be subject to a fine as provided in section 1-108 and court costs. -.IP " 5." 4 -The nonresident owner of a motor vehicle not registered in the state may -give proof of financial responsibility by providing proof of compliance -with the financial responsibility laws of the state in which the vehicle -is registered or by filing with the department of public safety a -certificate of an insurance company authorized to transact insurance in -the state in which the vehicle is registered, or if such nonresident -does not own a motor vehicle, then in the state in which the insured -resides, provided such certificate otherwise conforms to the provisions -of this section, and the department of public safety shall accept the -same upon condition that the insurance company complies with the -following provisions with respect to the policy so certified: -.RS 4 -.IP " 1." 4 -The insurance company shall execute a power of attorney authorizing the -department to accept service on its behalf or notice of process in any -action arising out of a motor vehicle accident in the state; and -.IP " 2." 4 -The insurance company shall agree in writing that such policies shall be -deemed to conform with the laws of the state relating to the terms of -motor vehicle liability policies issued in the state. -The provisions of this section shall apply to nonresident owners and -operators of vehicles that are not registered in the state only if the -state in which the vehicle is registered requires compulsory liability -insurance. -In such cases, compliance with the requirements of the law of the state -of registration shall be deemed in compliance with the laws of the -state. -.RE -.IP " 6." 4 -A sentence imposed for any violation of this section may be suspended or -deferred in whole or in part by the court. -.IP " 7." 4 -Any person producing proof in court that a current security verification -form or equivalent form which has been issued by the department -reflecting this liability coverage for such person was in force at the -time of the alleged offense shall be entitled to dismissal of such -charge. -Any person producing proof in court that a current security verification -form or equivalent form which has been issued by the department of -public safety reflecting liability coverage for the person was in force -at the time of the alleged offense shall be entitled to dismissal of the -charge. -If proof of security verification is presented to the court by no later -than the business day preceding the first scheduled court appearance -date, the dismissal shall be without payment of court costs. -The court may access information from the online verification system to -confirm liability coverage. -The court shall not dismiss the fine unless proof that liability -coverage for the person was in force at the time of the alleged offense -is presented to the court. -.IP " 8." 4 -Upon conviction, bond forfeiture or deferral of sentence, the court -clerk shall forward an abstract to the state department of public safety -within five days reflecting the action taken by the court. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 7-601 et seq. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-103_Vehicle_Owner_Not_To_Permit_Or_Authorize_Violation_Of_Law_Or_This_Chapter" -A "\c" \ - -- "Sec 15-103 Vehicle Owner Not To Permit Or Authorize Violation Of Law Or This Chapter" -\& -.LP -It is unlawful for any person to authorize or knowingly permit a motor -vehicle owned by him, or under his control, to be driven upon any street -in the city by any person who is not authorized to drive a motor vehicle -under the laws of the state, or to be driven or to stand or to be parked -in violation of any provision of this chapter. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-104_Parent_Or_Guardian_Not_To_Authorize_Or_Permit_Child_Or_Ward_To_Violate_Chapter" -A "\c" \ - -- "Sec 15-104 Parent Or Guardian Not To Authorize Or Permit Child Or Ward To Violate Chapter" -\& -.LP -It is unlawful for a parent of a child or the guardian of a ward to -authorize or knowingly permit any such child or ward to violate any -provision of this chapter. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-105_Adoption_Of_State_Vehicle_Laws" -A "\c" \ - -- "Sec 15-105 Adoption Of State Vehicle Laws" -\& -.LP -There is hereby adopted and incorporated herein by reference the state -motor vehicle code, 47 O.S. -§ 1-101 et seq., and the state \[dq]Rules of the Road,\[dq] 47 O.S. -§ 11-101 et seq., and all other misdemeanor traffic and motor vehicle -violations in 47 O.S., as now exist and as may be from time to time -amended. -Such state laws as adopted herein by reference shall be fully -enforceable by the city within the city limits as fully as if set out at -length herein. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-2_TRAFFIC-CONTROL_DEVICES" -A "\c" \ - -- "CHAPTER 15-2 TRAFFIC-CONTROL DEVICES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-201_Authority_To_Install_Traffic-Control_Devices" -A "\c" \ - -- "Sec 15-201 Authority To Install Traffic-Control Devices" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-202_Design_And_Construction_Of_Traffic-Control_Devices;_Manual_Of_Specifications" -A "\c" \ - -- "Sec 15-202 Design And Construction Of Traffic-Control Devices; Manual Of Specifications" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-203_Traffic_Signs_Required_For_Enforcement" -A "\c" \ - -- "Sec 15-203 Traffic Signs Required For Enforcement" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-204_Obedience_To_Official_Traffic-Control_Devices" -A "\c" \ - -- "Sec 15-204 Obedience To Official Traffic-Control Devices" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-205_Obedience_To_Signal_Indicating_Approach_Of_Train" -A "\c" \ - -- "Sec 15-205 Obedience To Signal Indicating Approach Of Train" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-206_Traffic-Control_Signal_Legend" -A "\c" \ - -- "Sec 15-206 Traffic-Control Signal Legend" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-207_Pedestrian-Control_Signals" -A "\c" \ - -- "Sec 15-207 Pedestrian-Control Signals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-208_Flashing_Signals" -A "\c" \ - -- "Sec 15-208 Flashing Signals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-209_Pedestrian-Activated_School_Crossing_Signal" -A "\c" \ - -- "Sec 15-209 Pedestrian-Activated School Crossing Signal" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-210_Display_Of_Unauthorized_Signs_Or_Signals,_Political_Signs" -A "\c" \ - -- "Sec 15-210 Display Of Unauthorized Signs Or Signals, Political Signs" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-211_Defacing_Or_Removing_Traffic-Control_Devices" -A "\c" \ - -- "Sec 15-211 Defacing Or Removing Traffic-Control Devices" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-212_Designation_Of_Crosswalks_And_Safety_Zones" -A "\c" \ - -- "Sec 15-212 Designation Of Crosswalks And Safety Zones" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-201_Authority_To_Install_Traffic-Control_Devices" -A "\c" \ - -- "Sec 15-201 Authority To Install Traffic-Control Devices" -\& -.LP -The city manager, subject to direction of the council, shall have placed -and maintained traffic-control signs, signals and devices when and as -required under the traffic ordinances of the city to make effective the -provisions of such ordinances, and may have placed and maintained such -additional traffic-control signs, signals and devices as it may deem -necessary to regulate traffic under the traffic ordinances of the city -or under state law or to guide or warn traffic. -The city manager may have traffic-control devices tested under actual -conditions of traffic. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-202_Design_And_Construction_Of_Traffic-Control_Devices;_Manual_Of_Specifications" -A "\c" \ - -- "Sec 15-202 Design And Construction Of Traffic-Control Devices; Manual Of Specifications" -\& -.LP -All traffic-control signs, signals and devices shall conform to the -latest edition of the \[dq]Manual on Uniform Traffic Control Devices for -Streets and Highways,\[dq] as published by the state department of -transportation. -All signs and signals required hereunder for a particular purpose shall -so far as practicable be uniform as to type and location throughout the -city. -All traffic-control devices so erected and not inconsistent with the -provisions of state law or this chapter shall be official -traffic-control devices. -.PP -\f[B]State Law reference\f[R]\[em] Uniform manual adopted by state, -state approval required on state highways, 47 O.S. -§ 15-104 et seq. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-203_Traffic_Signs_Required_For_Enforcement" -A "\c" \ - -- "Sec 15-203 Traffic Signs Required For Enforcement" -\& -.LP -No provision of this chapter for which signs are required shall be -enforced against an alleged violator if at the time and place of the -alleged violation an official sign was not in proper position and -sufficiently legible to be seen by an ordinarily observant person. -Whenever a particular section does not state that signs are required, -such section shall be effective even though no signs are erected or in -place. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-201. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-204_Obedience_To_Official_Traffic-Control_Devices" -A "\c" \ - -- "Sec 15-204 Obedience To Official Traffic-Control Devices" -\& -.LP -The driver of any vehicle shall obey the instructions of any official -traffic-control device unless otherwise directed by a police officer, -subject to the exceptions granted in this chapter to the driver of an -authorized emergency vehicle. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-201. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-205_Obedience_To_Signal_Indicating_Approach_Of_Train" -A "\c" \ - -- "Sec 15-205 Obedience To Signal Indicating Approach Of Train" -\& -.IP " 1." 4 -Whenever any person driving a vehicle approaches a railroad grade -crossing under any of the circumstances stated in this section, the -driver of such vehicle shall stop within 50 feet but not less than 15 -feet from the nearest rail of such railroad, and shall not proceed until -he can do so safely. -The foregoing requirements shall apply when: -.RS 4 -.IP " 1." 4 -A clearly visible electric or mechanical signal device gives warning of -the immediate approach of a railroad train; -.IP " 2." 4 -A crossing gate is lowered or when a human flag person gives or -continues to give a signal of the approach or passage of a railroad -train; -.IP " 3." 4 -A railroad train approaching within approximately 1,500 feet of the -highway crossing emits a signal audible from such distance and such -railroad train, by reason of its speed or nearness to such crossing, is -an immediate hazard; -.IP " 4." 4 -An approaching railroad train is plainly visible and is in hazardous -proximity to such crossing; and -.IP " 5." 4 -The tracks at the crossing are not clear -.RE -.IP " 2." 4 -No person shall drive any vehicle through, around or under any crossing -gate or barrier at a railroad crossing while such gate or barrier is -closed or is being opened or closed. -.IP " 3." 4 -The operator of any Class A, B, or C commercial vehicle not required to -stop at all railroad crossings, as prescribed in 47 O.S. -§ 11-702, shall slow down and check that the tracks are clear of an -approaching train. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-701. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-206_Traffic-Control_Signal_Legend" -A "\c" \ - -- "Sec 15-206 Traffic-Control Signal Legend" -\& -.LP -Whenever traffic is controlled by traffic-control signals exhibiting the -word \[dq]Go,\[dq] \[dq]Caution\[dq] or \[dq]Stop,\[dq] or exhibiting -different colored lights successively one at a time, or with arrows, the -following colors only shall be used, and the terms and lights shall -indicate and apply to drivers of vehicles and pedestrians as follows: -.IP " 1." 4 -\f[I]Green alone\f[R] or \[dq]\f[I]Go\f[R].\[dq] -.RS 4 -.IP " 1." 4 -Vehicular traffic facing the signal may proceed straight through or turn -right or left unless a sign or barricade at such place prohibits either -such turn. -But vehicular traffic, including vehicles turning right or left, shall -yield the right-of-way to other vehicles and to pedestrians lawfully -within the intersection or an adjacent crosswalk at the time such signal -is exhibited; -.IP " 2." 4 -Vehicular traffic facing a green arrow signal, shown alone or in -combination with another indication, may cautiously enter the -intersection only to make the movement indicated by such arrow, or such -other movement as is permitted by other indications shown at the same -time. -Such vehicular traffic shall yield the right-of-way to pedestrians -lawfully within an adjacent crosswalk and to other traffic lawfully -using the intersection; and -.IP " 3." 4 -Unless otherwise directed by a pedestrian-control signal, pedestrians -facing the signal may proceed across the roadway within any marked or -unmarked crosswalk; -.RE -.IP " 2." 4 -\f[I]Steady yellow alone\f[R]. -.RS 4 -.IP " 1." 4 -Vehicular traffic facing a steady circular yellow or yellow arrow signal -is thereby warned that the red or \[dq]Stop\[dq] signal will be -exhibited immediately thereafter, and such vehicular traffic shall not -enter or be crossing the intersection when the red or \[dq]Stop\[dq] -signal is exhibited; and -.IP " 2." 4 -Pedestrians facing such signal, unless otherwise directed by a -pedestrian control signal, are thereby advised that there is -insufficient time to cross the roadway, and any pedestrian then starting -to cross shall yield the right-of-way to all vehicles; -.RE -.IP " 3." 4 -\f[I]Steady red alone\f[R] or \[dq]\f[I]Stop\f[R].\[dq] -.RS 4 -.IP " 1." 4 -Vehicular traffic facing the signal shall stop at a clearly marked stop -line, but if none, before entering the crosswalk on the near side of the -intersection, or, if none, then before entering the intersection, and -shall remain standing until indication to proceed is shown. -However, vehicles in the right traffic lane after making a stop as above -required may enter the intersection cautiously and make a right turn -unless \[dq]No Turn on Red\[dq] signs are posted to prohibit right -turns; but such vehicle shall yield the right-of-way to any pedestrian -or other traffic in the intersection, and such turn shall not be made so -as to interfere with traffic proceeding on a green signal indication on -the cross street; -.IP " 2." 4 -No pedestrian facing such signal shall enter the roadway until the green -or \[dq]Go\[dq] is shown alone or until authorized so to do by a -pedestrian \[dq]Walk\[dq] signal; and -.RE -.IP " 4." 4 -\f[I]Steady red with green arrow\f[R]. -.RS 4 -.IP " 1." 4 -Vehicular traffic facing such signal may cautiously enter the -intersection only to make the movement indicated by such arrow, but -shall yield the right-of-way to pedestrians lawfully within a crosswalk -and to other traffic lawfully using the intersection; -.IP " 2." 4 -No pedestrian facing such signal shall enter the roadway until the green -or \[dq]Go\[dq] is shown alone or until authorized so to do by -pedestrian \[dq]Walk\[dq] signal; and -.IP " 3." 4 -In the event an official traffic-control signal is erected and -maintained at a place other than an intersection, the provisions of this -section shall be applicable except as to those provisions which by their -nature can have no application. -Any stop required shall be made at a sign or marking on the pavement -indicating where the stop shall be made. -In the absence of any such sign or marking, the stop shall be made at -the signal. -.RE -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-202. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-207_Pedestrian-Control_Signals" -A "\c" \ - -- "Sec 15-207 Pedestrian-Control Signals" -\& -.LP -Whenever special pedestrian-control signals exhibiting the term -\[dq]Walk\[dq] or \[dq]Wait\[dq] or \[dq]Don\[aq]t Walk\[dq] are in -place, such signals shall indicate as follows: -.IP " 1." 4 -\[dq]\f[I]Walk\f[R].\[dq] Pedestrians facing such signal may proceed -across the roadway in the direction of the signal and shall be given the -right-of-way by the drivers of all vehicles; and -.IP " 2." 4 -\[dq]\f[I]Wait\f[R],\[dq] \[dq]\f[I]Don\[aq]t Walk\f[R].\[dq] No -pedestrian shall start to cross the roadway in the direction of such -signal, but any pedestrian who has partially completed his crossing on -the Walk signal shall proceed to a sidewalk or safety island while the -\[dq]Wait\[dq] signal is showing. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-203. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-208_Flashing_Signals" -A "\c" \ - -- "Sec 15-208 Flashing Signals" -\& -.IP " 1." 4 -Whenever an illuminated flashing red or yellow signal is used in a -traffic sign or signal, it shall require obedience by vehicular traffic -as follows: -.RS 4 -.IP " 1." 4 -\f[I]Flashing red (stop signal)\f[R]. -When a red lens is illuminated with rapid intermittent flashes, drivers -of vehicles shall stop before entering the nearest crosswalk at an -intersection or at a limit line when marked, or, if none, than before -entering the intersection. -The right to proceed shall be subject to the rules applicable after -making a stop at a stop sign; and -.IP " 2." 4 -\f[I]Flashing yellow (caution signal)\f[R]. -When a yellow lens is illuminated with rapid intermittent flashes, -drivers of vehicles may proceed through the intersection or past such -signal only with caution. -.RE -.IP " 2." 4 -This section shall not apply at railroad grade crossings. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-204. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-209_Pedestrian-Activated_School_Crossing_Signal" -A "\c" \ - -- "Sec 15-209 Pedestrian-Activated School Crossing Signal" -\& -.LP -Whenever a pedestrian-activated school crossing signal is provided, it -requires obedience by vehicular traffic and pedestrians as follows: -.IP " 1." 4 -\f[I]Flashing yellow\f[R]. -.RS 4 -.IP " 1." 4 -When a yellow lens is illuminated with rapid intermittent flashes, -drivers or operators of vehicles may proceed through the intersection or -past such signal only with caution; and -.IP " 2." 4 -Pedestrians shall not proceed in conflict with traffic, but may actuate -the signal-control switch, and shall wait until steady red alone is -shown before entering the roadway or intersection controlled by the -signal; -.RE -.IP " 2." 4 -\f[I]Steady yellow alone\f[R]. -.RS 4 -.IP " 1." 4 -Vehicular traffic facing the signal is thereby warned that the red or -\[dq]Stop\[dq] signal will be exhibited immediately thereafter, and such -vehicular traffic shall not enter or be crossing the intersection or -past the signal when the red or \[dq]Stop\[dq] signal is exhibited; and -.IP " 2." 4 -No pedestrian shall enter the roadway or intersection on which the -signal controls vehicular traffic until steady red alone is shown; -.RE -.IP " 3." 4 -\f[I]Steady red\f[R]. -.RS 4 -.IP " 1." 4 -Vehicular traffic facing the signal shall stop before entering the -crosswalk on the near side of the intersection, or, if none, then before -passing the signal or entering the intersection, and shall remain -standing until flashing yellow is shown alone; and -.IP " 2." 4 -Pedestrians may proceed across the road controlled by the signal, and -shall be given the right-of-way by the drivers of all vehicles; and -.RE -.IP " 4." 4 -\f[I]Steady red and steady yellow combined\f[R]. -.RS 4 -.IP " 1." 4 -Vehicular traffic facing the signal is thereby warned that the flashing -yellow signal will be exhibited immediately thereafter, and that such -vehicular traffic shall remain standing until the flashing yellow is -shown alone; and -.IP " 2." 4 -Pedestrians are thereby warned that the flashing yellow signal is about -to be shown, and shall not enter the signal-controlled roadway or -intersection, or in a direction which conflicts with the movement of -vehicular traffic; but any pedestrian who has partially completed his -crossing shall proceed to the nearest sidewalk or safety island and -shall be given the right-of-way by the drivers of all vehicles. -.RE -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-205. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-210_Display_Of_Unauthorized_Signs_Or_Signals,_Political_Signs" -A "\c" \ - -- "Sec 15-210 Display Of Unauthorized Signs Or Signals, Political Signs" -\& -.IP " 1." 4 -No person shall place, maintain or display upon or in view of any -highway an unauthorized sign, signal, marking or device which purports -to be or is an imitation of or resembles an official traffic-control -device or railroad sign or signal, which attempts to direct the movement -of traffic which projects any flashing or revolving beams of light, or -which hides from view or interferes with the effectiveness of any -official traffic-control device or any railroad sign or signal. -.IP " 2." 4 -No person shall place or maintain nor shall any public authority permit -upon any highway any traffic sign, signal or device bearing thereon any -commercial advertising. -.IP " 3." 4 -This section shall not prohibit the erection upon private property -adjacent to highways of signs giving useful directional information and -of a type that cannot be mistaken for official signs. -.IP " 4." 4 -The city is empowered to remove every such prohibited sign, signal, -marking or device without notice. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-206. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-211_Defacing_Or_Removing_Traffic-Control_Devices" -A "\c" \ - -- "Sec 15-211 Defacing Or Removing Traffic-Control Devices" -\& -.LP -No person shall, without lawful authority, attempt to or in fact alter, -deface, injure, knock down, change the position of or remove any -official traffic-control device or any railroad sign or signal or any -inscription, shield or insignia thereon, or any other part thereof. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-212_Designation_Of_Crosswalks_And_Safety_Zones" -A "\c" \ - -- "Sec 15-212 Designation Of Crosswalks And Safety Zones" -\& -.LP -The city manager, subject to direction by the council, is authorized to: -.IP " 1." 4 -Designate and have maintained by appropriate devices, marks or lines -upon the surface of the roadway crosswalks at intersections where in his -opinion there is particular danger to pedestrians crossing the roadway, -and at such other places as he may deem necessary; and -.IP " 2." 4 -Establish safety zones or islands of such kind and character and at such -places as he may deem necessary for the protection of pedestrians. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-3_EQUIPMENT" -A "\c" \ - -- "CHAPTER 15-3 EQUIPMENT" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-301_Equipment_Required;_Use_Of_Equipment" -A "\c" \ - -- "Sec 15-301 Equipment Required; Use Of Equipment" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-302_Muffler_Required,_Cutouts" -A "\c" \ - -- "Sec 15-302 Muffler Required, Cutouts" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-303_Width,_Height,_Length,_Weight_And_Load" -A "\c" \ - -- "Sec 15-303 Width, Height, Length, Weight And Load" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-304_Windshields_To_Be_Unobstructed;_Wipers_Required" -A "\c" \ - -- "Sec 15-304 Windshields To Be Unobstructed; Wipers Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-305_Inspection_Of_Vehicles" -A "\c" \ - -- "Sec 15-305 Inspection Of Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-306_Vehicles_To_Be_Registered,_Display_Of_Tags" -A "\c" \ - -- "Sec 15-306 Vehicles To Be Registered, Display Of Tags" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-301_Equipment_Required;_Use_Of_Equipment" -A "\c" \ - -- "Sec 15-301 Equipment Required; Use Of Equipment" -\& -.IP " 1." 4 -Every vehicle operated upon the streets of the city shall be equipped as -required by 47 O.S. -No person shall operate a vehicle upon a street of the city which is not -equipped as required by state law. -.IP " 2." 4 -No person shall fail to use such equipment in the manner required by -state law, or use it in a manner prohibited by state law. -.LP -\f[B]State Law reference\f[R]\[em] Equipment required on vehicles, 47 -O.S. -§ 12-101 et seq. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-302_Muffler_Required,_Cutouts" -A "\c" \ - -- "Sec 15-302 Muffler Required, Cutouts" -\& -.IP " 1." 4 -Every vehicle shall be equipped, maintained, and operated so as to -prevent excessive or unusual noise. -Every motor vehicle shall at all times be equipped with a muffler or -other effective noise-suppressing system in good working order and in -constant operation, and no person shall use a muffler cut-out, bypass or -similar device. -No person shall modify the exhaust system of a motor vehicle in any -manner which will amplify or increase the noise or sound emitted louder -than that emitted by the muffler originally installed on the vehicle. -.IP " 2." 4 -The engine and power mechanism of every motor vehicle shall be so -equipped and adjusted as to prevent the escape of excessive fumes or -smoke, or both. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 12-402. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-303_Width,_Height,_Length,_Weight_And_Load" -A "\c" \ - -- "Sec 15-303 Width, Height, Length, Weight And Load" -\& -.LP -No person shall drive or convey through any street any vehicle the -width, height, length, weight or load of which exceeds that authorized -by state law, except in accordance with a permit issued by state -authority or by the chief of police. -.PP -\f[B]State Law reference\f[R]\[em] Vehicle size, weight and load, 11 -O.S. -§ 14-101 et seq. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-304_Windshields_To_Be_Unobstructed;_Wipers_Required" -A "\c" \ - -- "Sec 15-304 Windshields To Be Unobstructed; Wipers Required" -\& -.IP " 1." 4 -The following words, terms and phrases, when used in this section, shall -have the meanings ascribed to them in this subsection, except where the -context clearly indicates a different meaning: -.br -\f[I]Critical area\f[R] means the area cleaned by the normal sweep of -the windshield wiper blade on the driver\[aq]s side. -The area covered by the wiper blade cannot be reduced from -manufacturer\[aq]s original specifications. -.br -\f[I]Noncritical areas\f[R] means all other areas. -.br -\f[I]Outright breakage\f[R] means glass which is severely cracked or -shattered to the extent that air passes through it or, if by running a -fingertip over the cracked area, the glass moves or sharp edges can be -felt. -.br -\f[I]Star break\f[R] or \f[I]shot damage\f[R] means a vented break with -cracks radiating from the point of impact. -.br -\f[I]Stress\f[R] or \f[I]hairline crack\f[R] means a crack which has no -visible point of impact. -.IP " 2." 4 -No person shall operate any motor vehicle which: -.RS 4 -.IP " 1." 4 -Is not equipped with a windshield; -.IP " 2." 4 -Has any outright breakage in the windshield or in the window on either -side of the driver; -.IP " 3." 4 -Has any star break or shot damage, three inches or more in diameter, -located in the critical area; or -.IP " 4." 4 -Has two or more stress or hairline cracks, 12 inches or more in combined -length, located in the critical area. -.RE -.IP " 3." 4 -No person shall drive any motor vehicle with any sign, poster, other -nontransparent material, or debris, including, but not limited to, snow, -ice, or frost, upon the front windshield or the side wings, or side or -rear windows or suspend any sign, poster, object, or other material from -the interior of the vehicle which materially obstructs, obscures, or -impairs the driver\[aq]s clear view of the highway ahead or to either -side or of any intersecting highway. -.IP " 4." 4 -The windshield on every motor vehicle shall be equipped with an electric -windshield wiper mechanism for cleaning rain, snow, or other moisture -from the windshield. -.IP " 5." 4 -Every windshield wiper blade and windshield wiper mechanism upon a motor -vehicle shall be maintained in good working order. -When replacing the wiper blade, the length of the blade shall not be -reduced from the manufacturer\[aq]s specification. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 12-404. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-305_Inspection_Of_Vehicles" -A "\c" \ - -- "Sec 15-305 Inspection Of Vehicles" -\& -.LP -Police officers may at any time upon reasonable cause to believe that a -vehicle is unsafe or not equipped as required by law, or that its -equipment is not in proper adjustment or repair or the operator is not -properly licensed, require the driver of such vehicle to stop and submit -such vehicle to an inspection and such test with reference thereto as -may be appropriate. -.PP -\f[B]State Law reference\f[R]\[em] State officers may inspect vehicles, -47 O.S. -§§ 13-102, 13-103. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-306_Vehicles_To_Be_Registered,_Display_Of_Tags" -A "\c" \ - -- "Sec 15-306 Vehicles To Be Registered, Display Of Tags" -\& -.IP " 1." 4 -No person shall operate a vehicle of any kind upon a street of the city -without a state vehicle license or tag as may be required by law. -.RS 4 -.IP " 1." 4 -\ No citation may be issued by a law enforcement officer during the -thirty (30) day period immediately succeeding the last day of the month -during which a vehicle registration should have been renewed and a -current license plate decal obtained and displayed on the license plate -of the vehicle. -.br -.RE -.IP " 2." 4 -No person shall fail to display the state vehicle license or tag as -required by law or attach any trailer hitch or other device in a manner -as to cover or partially cover the vehicle license. -.IP " 3." 4 -At all times while a vehicle is being used or operated on the roads of -this municipality, the operator of the vehicle shall have in his or her -possession or carry in the vehicle and exhibit upon demand to any peace -officer either a: -.RS 4 -.IP " 1." 4 -Registration certificate or an official copy thereof; -.IP " 2." 4 -True copy of rental or lease documentation issued for a motor vehicle; -.IP " 3." 4 -Registration certificate or an official copy thereof issued for a -replacement vehicle in the same registration period; -.IP " 4." 4 -Temporary receipt printed upon self-initiated electronic renewal of a -registration via the internet; or -.IP " 5." 4 -Cab card issued for a vehicle registered under the International -Registration Plan. -.RE -.IP " 4." 4 -The provisions of subsection (C) of this section shall not apply to the -first 30 days after purchase of a replacement vehicle. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287942_Ordinance%20913(19).pdf" -A "\c" \ - -- "913(19)" -\& on 6/3/2019 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1010.22.pdf" -A "\c" \ - -- "1010.22" -\& on 7/18/2022 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-4_CERTAIN_VEHICLES_PROHIBITED" -A "\c" \ - -- "CHAPTER 15-4 CERTAIN VEHICLES PROHIBITED" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-401_Vehicles_Injurious_To_Streets;_Metal_Tires_Prohibited" -A "\c" \ - -- "Sec 15-401 Vehicles Injurious To Streets; Metal Tires Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-402_Obstructive_And_Dangerous_Vehicles;_Covering_Of_Loads" -A "\c" \ - -- "Sec 15-402 Obstructive And Dangerous Vehicles; Covering Of Loads" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-403_Permit_For_Vehicles_With_Protruding_Parts_On_Wheels" -A "\c" \ - -- "Sec 15-403 Permit For Vehicles With Protruding Parts On Wheels" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-404_Deposit_Of_Glass,_Nails_Or_Other_Injurious_Matter_In_Streets;_Responsibility_To_Remove_After_Accident" -A "\c" \ - -- "Sec 15-404 Deposit Of Glass, Nails Or Other Injurious Matter In Streets; Responsibility To Remove After Accident" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-401_Vehicles_Injurious_To_Streets;_Metal_Tires_Prohibited" -A "\c" \ - -- "Sec 15-401 Vehicles Injurious To Streets; Metal Tires Prohibited" -\& -.IP " 1." 4 -Every solid rubber tire on a vehicle shall have rubber on its entire -traction surface at least one inch thick above the edge of the flange of -the entire periphery. -.IP " 2." 4 -A person shall not operate or move on any hard-surfaced highway any -vehicle having any metal tire in contact with the roadway, except when -authorized by special permit. -.IP " 3." 4 -.IP " 1." 4 -Any tire on a vehicle moved on a highway shall not have on its periphery -any block, stud, flange, cleat or spike or any other protuberance of any -material other than rubber which projects beyond the tread of the -traction surface of the tire, except that it shall be permissible: -.RS 4 -.IP " 1." 4 -To use farm tractors or implements of husbandry with tires having -protuberances which will not injure the highway; -.IP " 2." 4 -To use tire chains of reasonable proportions upon any vehicle when -required for safety because of snow, ice, or other conditions tending to -cause a vehicle to skid; or -.IP " 3." 4 -For pneumatic tires equipped with or having on their periphery studs of -metal, porcelain or other material to be sold or used in the state, if -constructed to provide resiliency upon contact with the road surface, so -that not more than three percent in the aggregate of the traction -surface of such tire is composed of such studs and so that such studs do -not project more than three thirty-seconds of an inch beyond the tread -of the traction surface of such tire and have a rate of wear which will -so limit such projection. -.RE -.IP " 2." 4 -The exceptions permitted in subsection (C)(1) of this section shall be -subject to the following restrictions: -.RS 4 -.IP " 1." 4 -The use of such tires or tire chains shall be limited to vehicles with -rated capacities up to and including two tons; -.IP " 2." 4 -Any tire so equipped shall not be used on a public highway earlier than -November 1 of each year or later than April 1 of the following year; and -.IP " 3." 4 -Copies of this subsection (C) shall be posted in all places at which -tires or tire chains are sold, and a printed or written warning on the -time limitation for the use of such tires or tire chains shall be -furnished to each buyer, purchaser, or user by the seller of such -studded tires or tire chains. -.RE -.IP " 4." 4 -Operator selectable \[dq]on demand\[dq] studded tires having -traction-enhancing studs located outside the normal tread area which -allows their operation as conventional tires on dry roads or as studded -tires on ice-coated roads by the expedient of reducing or increasing the -air pressure within the tires, shall be exempt from the prohibitions of -subsection (C) of this section with the following exceptions: -.RS 4 -.IP " 1." 4 -The use of such tires shall be limited to vehicles with rated capacities -up to and including two tons; -.IP " 2." 4 -Any such tire shall not be deflated so that the studs lower and make -contact with the road surface earlier than November 1 of each year or -later than April 1 of the following year. -.RE -.IP " 5." 4 -A person shall not operate any vehicle when one or more of the tires in -use on that vehicle is in unsafe operating condition or has a tread -depth less than two-thirty-seconds inch measured in any two adjacent -tread grooves at three equally spaced intervals around the circumference -of the tire, provided such measurements shall not be made at the -location of any tread wear indicator, tie bar, hump, or fillet. -As used in this subsection, an unsafe tire includes, but is not limited -to, any tire: -.RS 4 -.IP " 1." 4 -On which the ply or cord is exposed in the tread area; -.IP " 2." 4 -Which has been regrooved or recut below the original groove depth, -except tires that have been designed with under-rubber sufficient for -regrooving and are so marked; -.IP " 3." 4 -Marked \[dq]Farm Implement Only,\[dq] \[dq]Not for Highway Use,\[dq] or -any other marking that would indicate that the tire is not for normal -highway use, provided no such marking shall be altered or removed; -.IP " 4." 4 -On which any bulges, bumps, or knots show in the tread or sidewall area; -or -.IP " 5." 4 -On the front steering axle of a truck-tractor which has tread depth -measuring less than four-thirty-seconds inch. -.RE -.IP " 6." 4 -Every wheel on a vehicle shall not be cracked and shall be securely -fastened to the hub of the vehicle with all lug nuts properly affixed. -.IP " 7." 4 -No vehicle or combination of vehicles, weighing eight tons or more, -loaded or unloaded, shall be driven or moved on Eastern Avenue, between -SW 34th Street and Indian Hills Road, within the corporate limits of the -city. -This subsection shall not apply to vehicles owned and operated by public -utility corporations or the city while such vehicles are being used in -the performance of their official duties. -.LP -(Ord. -No. -152(96), 4-15-1996; Ord. -No. -202(97), 8-18-1997) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-402_Obstructive_And_Dangerous_Vehicles;_Covering_Of_Loads" -A "\c" \ - -- "Sec 15-402 Obstructive And Dangerous Vehicles; Covering Of Loads" -\& -.IP " 1." 4 -No person shall drive any vehicle in such condition, so constructed, or -so loaded as to cause delay or be likely to cause delay in traffic, or -as to constitute a hazard to persons or property, except by permit -issued by the city and in accordance with the terms of such permit. -.IP " 2." 4 -No vehicle shall he driven or moved on any street unless such vehicle is -so constructed or loaded as to prevent any of its load from dropping, -sifting, leaking, blowing or otherwise escaping therefrom, except that -sand may be dropped for the purpose of securing traction or water or -other substances may be sprinkled on a roadway in cleaning or -maintaining such roadway. -.IP " 3." 4 -No person shall operate on any street any vehicle with any load unless -the load and any covering thereon is securely fastened so as to prevent -the covering or load from becoming loose, detached or in any manner a -hazard to other users of the highway. -Any vehicle loaded with sand, cinders or other loose materials -susceptible to blowing or escaping by reason of wind shall have such -load covered or dampened so as to prevent the blowing or escaping of the -load from the vehicle. -.IP " 4." 4 -This section shall not apply to trucks loaded with livestock, poultry or -agricultural products only, except baled agricultural products; however, -any such trucks shall be so constructed or loaded as to prevent such -livestock or poultry from escaping therefrom. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 14-105. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-403_Permit_For_Vehicles_With_Protruding_Parts_On_Wheels" -A "\c" \ - -- "Sec 15-403 Permit For Vehicles With Protruding Parts On Wheels" -\& -.LP -It is unlawful for any person to drive, pull or move, otherwise than by -hauling, upon the paved streets of the city, any tractor or other -vehicle with lugs, flanges or other protruding parts upon the surface of -the wheels of the same, without first obtaining a written permit from -the city engineer. -Such permit shall not be granted unless all lugs, flanges or other -protruding parts upon the surface of the wheels are first removed, or -unless a base or board way is laid upon the paved street for the wheels -of such vehicle to run upon so as to keep the wheels from coming in -contact with the pavement and so as to entirely protect the pavement -from the wheels. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-404_Deposit_Of_Glass,_Nails_Or_Other_Injurious_Matter_In_Streets;_Responsibility_To_Remove_After_Accident" -A "\c" \ - -- "Sec 15-404 Deposit Of Glass, Nails Or Other Injurious Matter In Streets; Responsibility To Remove After Accident" -\& -.IP " 1." 4 -It shall be unlawful for any person to place, or cause to be placed, or -let fall and remain, in or upon any street, any scrap iron, nail, tack, -glass or other thing which is likely to injure persons or damage -property, or to render a street unsafe for traffic. -.IP " 2." 4 -Any person removing a wrecked or damaged vehicle from a street shall -remove any glass or other injurious substance dropped upon the street -from such vehicle. -The owner of the vehicle, or insurer of the owner of the vehicle if the -owner\[aq]s insurance policy provides coverage for such expense, shall -be responsible for the cost of removal of the vehicle and the glass or -other injurious substance and any vehicle storage fees. -The cost of the removal of the vehicle and any storage fees shall be the -same as established by the corporation commission for nonconsensual -tows. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1110. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-5_DRIVING,_OVERTAKING_AND_PASSING" -A "\c" \ - -- "CHAPTER 15-5 DRIVING, OVERTAKING AND PASSING" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-501_Driving_On_Right_Side_Of_Roadway,_Exception" -A "\c" \ - -- "Sec 15-501 Driving On Right Side Of Roadway, Exception" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-502_Passing_Vehicles_Proceeding_In_Opposite_Direction" -A "\c" \ - -- "Sec 15-502 Passing Vehicles Proceeding In Opposite Direction" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-503_Passing_Vehicle_On_Left" -A "\c" \ - -- "Sec 15-503 Passing Vehicle On Left" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-504_Passing_Vehicle_On_Right" -A "\c" \ - -- "Sec 15-504 Passing Vehicle On Right" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-505_Passing_Requirements,_Duty_Of_Overtaken_Vehicle" -A "\c" \ - -- "Sec 15-505 Passing Requirements, Duty Of Overtaken Vehicle" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-506_Passing_Prohibited" -A "\c" \ - -- "Sec 15-506 Passing Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-507_Designation_Of_No-Passing_Zones" -A "\c" \ - -- "Sec 15-507 Designation Of No-Passing Zones" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-508_School_Buses;_Markings;_Passing_Regulations" -A "\c" \ - -- "Sec 15-508 School Buses; Markings; Passing Regulations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-509_Driving_On_Laned_Roadways,_Marking_Traffic_Lanes" -A "\c" \ - -- "Sec 15-509 Driving On Laned Roadways, Marking Traffic Lanes" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-510_Driving_On_Divided_Highways" -A "\c" \ - -- "Sec 15-510 Driving On Divided Highways" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-511_Following_Too_Closely" -A "\c" \ - -- "Sec 15-511 Following Too Closely" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-512_Restricted-Access_Roadways" -A "\c" \ - -- "Sec 15-512 Restricted-Access Roadways" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-513_Driving_Through_Service_Drives" -A "\c" \ - -- "Sec 15-513 Driving Through Service Drives" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-514_Reckless_Driving" -A "\c" \ - -- "Sec 15-514 Reckless Driving" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-515_Careless_Or_Negligent_Driving" -A "\c" \ - -- "Sec 15-515 Careless Or Negligent Driving" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-516_Inattention_To_Driving;_Texting_While_Driving" -A "\c" \ - -- "Sec 15-516 Inattention To Driving; Texting While Driving" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-517_Driving_Over_Fire_Hose" -A "\c" \ - -- "Sec 15-517 Driving Over Fire Hose" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-518_Following_Fire_Or_Emergency_Apparatus" -A "\c" \ - -- "Sec 15-518 Following Fire Or Emergency Apparatus" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-519_Procedure_On_Approach_Of_Emergency_Vehicles" -A "\c" \ - -- "Sec 15-519 Procedure On Approach Of Emergency Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-520_Driving_Under_The_Influence_While_Under_Age" -A "\c" \ - -- "Sec 15-520 Driving Under The Influence While Under Age" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-521_Driver's_License_Required" -A "\c" \ - -- "Sec 15-521 Driver\[aq]s License Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-522_Driving_While_License_Suspended,_Use_Of_False_License" -A "\c" \ - -- "Sec 15-522 Driving While License Suspended, Use Of False License" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-523_Permitting_Unlicensed_Person_To_Drive" -A "\c" \ - -- "Sec 15-523 Permitting Unlicensed Person To Drive" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-524_Driving_Through_Funeral_Processions" -A "\c" \ - -- "Sec 15-524 Driving Through Funeral Processions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-525_Driving_In_Funeral_Procession" -A "\c" \ - -- "Sec 15-525 Driving In Funeral Procession" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-526_Identification_Of_Funeral_Processions" -A "\c" \ - -- "Sec 15-526 Identification Of Funeral Processions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-527_Use_Of_Roller_Skates,_Coasters,_Skateboards_On_Roadway" -A "\c" \ - -- "Sec 15-527 Use Of Roller Skates, Coasters, Skateboards On Roadway" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-528_Play_Streets_Authorized" -A "\c" \ - -- "Sec 15-528 Play Streets Authorized" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-529_Use_Of_Play_Streets_By_Motor_Vehicles" -A "\c" \ - -- "Sec 15-529 Use Of Play Streets By Motor Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-530_Obstructing_Intersection_Or_Crosswalk" -A "\c" \ - -- "Sec 15-530 Obstructing Intersection Or Crosswalk" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-531_Driving_On_Sidewalk_Prohibited" -A "\c" \ - -- "Sec 15-531 Driving On Sidewalk Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-532_Driving_In_Public_Parks_And_Other_Properties_Restricted" -A "\c" \ - -- "Sec 15-532 Driving In Public Parks And Other Properties Restricted" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-533_Driving_On_Property_Without_Permission" -A "\c" \ - -- "Sec 15-533 Driving On Property Without Permission" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-534_Starting_Stopped_Or_Parked_Vehicles" -A "\c" \ - -- "Sec 15-534 Starting Stopped Or Parked Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-535_Backing_Of_Vehicle" -A "\c" \ - -- "Sec 15-535 Backing Of Vehicle" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-536_Opening_And_Closing_Vehicle_Door" -A "\c" \ - -- "Sec 15-536 Opening And Closing Vehicle Door" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-537_Obstructions_To_Driver's_View,_Number_In_Front_Seat;_Overloading_School_Bus" -A "\c" \ - -- "Sec 15-537 Obstructions To Driver\[aq]s View, Number In Front Seat; Overloading School Bus" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-538_Clinging_To_Vehicle" -A "\c" \ - -- "Sec 15-538 Clinging To Vehicle" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-539_Boarding_Or_Alighting_From_Moving_Vehicle" -A "\c" \ - -- "Sec 15-539 Boarding Or Alighting From Moving Vehicle" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-540_Riding_Outside_Vehicle_Compartment" -A "\c" \ - -- "Sec 15-540 Riding Outside Vehicle Compartment" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-541_Driving_Through_Safety_Zone" -A "\c" \ - -- "Sec 15-541 Driving Through Safety Zone" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-542_Child_Passenger_Restraint_System_Or_Seat_Belt_Required;_Exceptions;_Penalty" -A "\c" \ - -- "Sec 15-542 Child Passenger Restraint System Or Seat Belt Required; Exceptions; Penalty" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-543_Seat_Belts_Required_For_Front_Seat_Passengers;_Exceptions" -A "\c" \ - -- "Sec 15-543 Seat Belts Required For Front Seat Passengers; Exceptions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-544_Certain_Vehicles_To_Stop_At_All_Railroad_Crossings" -A "\c" \ - -- "Sec 15-544 Certain Vehicles To Stop At All Railroad Crossings" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-545_Approaching_Stationary_Emergency_Vehicle_Displaying_Flashing_Lights" -A "\c" \ - -- "Sec 15-545 Approaching Stationary Emergency Vehicle Displaying Flashing Lights" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-546_Procedures_For_Motor_Vehicles_Required_To_Merge_In_Maintenance_And_Construction_Zones" -A "\c" \ - -- "Sec 15-546 Procedures For Motor Vehicles Required To Merge In Maintenance And Construction Zones" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-501_Driving_On_Right_Side_Of_Roadway,_Exception" -A "\c" \ - -- "Sec 15-501 Driving On Right Side Of Roadway, Exception" -\& -.IP " 1." 4 -Upon all roadways of sufficient width a vehicle shall be driven upon the -right half of the roadway, except as follows: -.RS 4 -.IP " 1." 4 -When overtaking and passing another vehicle proceeding in the same -direction under the laws governing such movement; -.IP " 2." 4 -When an obstruction exists making it necessary to drive to the left of -the center of the highway, provided any person so doing shall yield the -right-of-way to all vehicles traveling in the proper direction upon the -unobstructed portion of the highway within such distance as to -constitute an immediate hazard; -.IP " 3." 4 -Upon a roadway divided into three marked lanes for traffic under the -laws applicable thereon; -.IP " 4." 4 -Upon a roadway restricted to one-way traffic; or -.IP " 5." 4 -Upon a roadway having four or more lanes for moving traffic and -providing for two-way movement of traffic. -.RE -.IP " 2." 4 -Upon all roadways, any vehicle proceeding at less than the normal speed -of traffic at the time and place and under the conditions then existing -shall be driven in the right-hand lane when available for traffic, or as -close as practicable to the right-hand curb or edge of the roadway and -may be temporarily driven upon the right-hand shoulder for the purpose -of permitting other vehicles to pass. -This subsection shall not apply when overtaking and passing another -vehicle proceeding in the same direction or when preparing for a left -turn at an intersection or into a private road or driveway. -.IP " 3." 4 -Upon any roadway having four or more lanes for moving traffic and -providing for two-way movement of traffic, no vehicle shall be driven to -the left of the centerline of the roadway, except when authorized by -official traffic-control devices designating certain lanes to the left -side of the center of the roadway for use by traffic not otherwise -permitted to use such lanes, or except as permitted under subsection -(A)(2) of this section. -However, this subsection shall not be construed as prohibiting the -crossing of the centerline in making a left turn into or from an alley, -private road or driveway. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-301. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-502_Passing_Vehicles_Proceeding_In_Opposite_Direction" -A "\c" \ - -- "Sec 15-502 Passing Vehicles Proceeding In Opposite Direction" -\& -.LP -Drivers of vehicles proceeding in opposite directions shall pass each -other to the right. -Upon roadways having width for not more than one line of traffic in each -direction, each driver shall give to the other at least one-half of the -traveled portion of the roadway as nearly as possible. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-302. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-503_Passing_Vehicle_On_Left" -A "\c" \ - -- "Sec 15-503 Passing Vehicle On Left" -\& -.LP -The following requirements shall govern the overtaking and passing of -vehicles proceeding in the same direction, subject to those limitations, -exceptions and special requirements hereinafter stated: -.IP " 1." 4 -The driver of a vehicle overtaking another vehicle proceeding in the -same direction shall pass to the left thereof at a safe distance and -shall not again drive to the right side of the roadway until safely -clear of the overtaken vehicle; -.IP " 2." 4 -Except when overtaking and passing on the right is permitted, the driver -of an overtaken vehicle shall give way to the right in favor of the -overtaking vehicle on audible signal and shall not increase the speed of -his vehicle until completely passed by the overtaking vehicle; and -.IP " 3." 4 -Every driver who intends to pass another vehicle proceeding in the same -direction, which requires moving his vehicle from one lane of traffic to -another, shall first see that such movement can be made with safety and -shall proceed to pass only after giving a proper signal by hand or -mechanical device. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-303. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-504_Passing_Vehicle_On_Right" -A "\c" \ - -- "Sec 15-504 Passing Vehicle On Right" -\& -.IP " 1." 4 -The driver of a vehicle may overtake and pass upon the right of another -vehicle only under the following conditions: -.RS 4 -.IP " 1." 4 -When the vehicle overtaken is making or about to make a left turn; -.IP " 2." 4 -Upon a street or highway with unobstructed pavement not occupied by -parked vehicles and marked with lines for two or more lanes of traffic -in each direction; and -.IP " 3." 4 -Upon a one-way street or upon any roadway on which traffic is restricted -to one direction of movement, where the roadway is free from -obstructions and of sufficient width for two more lines of moving -vehicles. -.RE -.IP " 2." 4 -The driver of a vehicle may overtake and pass another vehicle upon the -right only under conditions permitting such movement in safety. -In no event shall such movement be made by driving off the pavement or -main-traveled portion of the roadway. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-304. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-505_Passing_Requirements,_Duty_Of_Overtaken_Vehicle" -A "\c" \ - -- "Sec 15-505 Passing Requirements, Duty Of Overtaken Vehicle" -\& -.IP " 1." 4 -No vehicle shall be driven to the left side of the center of the roadway -in overtaking and passing another vehicle proceeding in the same -direction unless such left side is clearly visible and is free of -oncoming traffic for a sufficient distance ahead to permit such -overtaking and passing to be completely made without interfering with -the safe operation of any vehicle approaching from the opposite -direction or any vehicle overtaken. -The overtaking vehicle must return to the roadway before coming within -100 feet of any vehicle approaching from the opposite direction. -.IP " 2." 4 -Except as provided elsewhere in this chapter, the driver of a vehicle -overtaking another vehicle proceeding in the same direction shall pass -to the left thereof at a safe distance, and shall not again drive to the -right side of the roadway until safely clear of the overtaken vehicle. -.IP " 3." 4 -Every driver who intends to pass another vehicle proceeding in the same -direction, which requires movement of his vehicle from one lane of -traffic to another, shall first see that such movement can be made with -safety and shall proceed to pass only after giving a proper signal by -hand or mechanical device. -.IP " 4." 4 -Except when overtaking and passing on the right is permitted, the driver -of an overtaken vehicle shall give way to the right in favor of the -overtaking vehicle on audible signal, and shall not increase the speed -of his vehicle until completely passed by the overtaking vehicle. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-305. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-506_Passing_Prohibited" -A "\c" \ - -- "Sec 15-506 Passing Prohibited" -\& -.IP " 1." 4 -No vehicle shall at any time be driven to the left side of the roadway -under the following conditions: -.RS 4 -.IP " 1." 4 -When approaching the crest of a grade or upon a curve in the highway -where the driver\[aq]s view is obstructed within such distance as to -create a hazard in the event another vehicle might approach from the -opposite direction; -.IP " 2." 4 -When traversing an intersection or railroad grade crossing; or -.IP " 3." 4 -When the view is obstructed upon approaching within 100 feet of any -bridge, viaduct or tunnel. -.RE -.IP " 2." 4 -It is a violation to pass on the left by going to the left of the center -of the roadway across a double-marked centerline for the purpose of -passing a vehicle traveling in the same direction. -.IP " 3." 4 -This section shall not apply upon a one-way roadway. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-306. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-507_Designation_Of_No-Passing_Zones" -A "\c" \ - -- "Sec 15-507 Designation Of No-Passing Zones" -\& -.IP " 1." 4 -The state department of transportation as regards state and federal -highways, and the city manager, subject to direction of the council, as -regards all other streets, are authorized to determine those portions of -a highway where overtaking and passing or driving to the left of the -roadway would be especially hazardous and shall, by appropriate signs or -markings on the roadway, have the beginning and end of such zones -indicated. -When such signs or markings are in place and clearly visible to an -ordinarily observant person, every driver of a vehicle shall obey the -directions thereof. -.IP " 2." 4 -Where signs or markings are in place to define a no-passing zone, no -driver shall at any time drive to the left side of the roadway within -such no-passing zone or on the left side of any pavement stripping -designed to mark such no-passing zone through its length. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-307. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-508_School_Buses;_Markings;_Passing_Regulations" -A "\c" \ - -- "Sec 15-508 School Buses; Markings; Passing Regulations" -\& -.IP " 1." 4 -The driver of a vehicle upon any street or highway in the city upon -meeting or overtaking from either direction any school bus on which the -red loading signals are in operation and which has stopped for the -purpose of receiving or discharging any school children and other -occupants shall stop the vehicle before it reaches the school bus. -The driver may then proceed to pass such school bus at a speed which is -reasonable and prudent and with due caution for the safety of such -school children and other occupants after the loading signals are -deactivated. -.IP " 2." 4 -Every school bus used for the transportation of school children shall -bear upon the front and rear thereof plainly visible signs containing -the words \[dq]School Bus\[dq] in letters not less than eight inches in -height and, in addition, shall be equipped with visual signs meeting the -requirements of state law which shall be actuated by the driver of the -school bus whenever, but only whenever, such vehicle is stopped on a -street or highway for the purpose of receiving or discharging school -children. -.IP " 3." 4 -The driver of a vehicle upon a street or highway with separate roadways -need not stop upon meeting or passing a school bus which is on a -different roadway or when upon a controlled-access highway and the -school bus is stopped in a loading zone which is part of or adjacent to -such street or highway and where pedestrians are not permitted to cross -the roadway. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-705. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-509_Driving_On_Laned_Roadways,_Marking_Traffic_Lanes" -A "\c" \ - -- "Sec 15-509 Driving On Laned Roadways, Marking Traffic Lanes" -\& -.IP " 1." 4 -The city manager, subject to direction of the council, is authorized to -have traffic lanes marked upon the roadway or any street where a regular -alignment of traffic is necessary. -.IP " 2." 4 -Whenever any roadway has been divided into two or more clearly marked -lanes for traffic, the following rules, in addition to all others -consistent herewith, shall apply: -.RS 4 -.IP " 1." 4 -A vehicle shall he driven as nearly as practicable entirely within a -single lane and shall not be moved from such lane until the driver has -first ascertained that such movement can be made with safety and has -properly signaled his intentions to do so; -.IP " 2." 4 -Upon a roadway which is divided into three lanes, a vehicle shall not be -driven in the center lane except when overtaking and passing another -vehicle where the roadway is clearly visible and such center lane is -clear of traffic within a safe distance, or in preparation for a left -turn, or where such center lane is at the time allocated exclusively to -traffic moving in the direction the vehicle is proceeding and is sign -posted to give notice of such allocation; and -.IP " 3." 4 -Official signs may be erected directing slow-moving traffic to use a -designated lane or designating those lanes to be used by traffic moving -in a particular direction regardless of the center of the roadway, and -drivers of vehicles shall obey the directions of every such sign. -.RE -.IP " 3." 4 -Where traffic lanes have been marked, no operator of any vehicle shall -fail or refuse to keep the vehicle within the boundaries of any such -lane except when lawfully passing another vehicle or preparatory to -making lawful turning movement or otherwise authorized by ordinance. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-309. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-510_Driving_On_Divided_Highways" -A "\c" \ - -- "Sec 15-510 Driving On Divided Highways" -\& -.LP -Whenever any highway has been divided into two or more roadways by -leaving an intervening space or by a physical barrier or clearly -indicated dividing section so constructed as to impede vehicular -traffic, every vehicle shall be driven only upon the right-hand roadway -unless directed or permitted to use another roadway by official -traffic-control devices or peace officers. -No vehicle shall be driven over, across or within any such dividing -space, barrier or section, except through a permanent opening in the -dividing space, barrier or section or at a permanent cross-over or -intersection as established unless specifically prohibited by public -authority. -No vehicle shall be driven over, across or within any temporary opening -in a dividing space, barrier or section or at a temporary cross-over or -intersection unless specifically authorized by a public authority or at -the direction of a peace officer. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-311. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-511_Following_Too_Closely" -A "\c" \ - -- "Sec 15-511 Following Too Closely" -\& -.LP -The driver of a motor vehicle shall not follow another vehicle more -closely than is reasonable and prudent, having due regard to the speed -of such vehicles and the traffic upon and the condition of the highway. -Such driver following too closely shall be deemed negligent. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-310. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-512_Restricted-Access_Roadways" -A "\c" \ - -- "Sec 15-512 Restricted-Access Roadways" -\& -.LP -No person shall drive a vehicle onto or from any controlled-access -roadway except at such entrances and exits as are established by public -authority. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-312. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-513_Driving_Through_Service_Drives" -A "\c" \ - -- "Sec 15-513 Driving Through Service Drives" -\& -.LP -No vehicle shall he driven through any service drive or parking area -except for the purpose of attaining service or merchandise or for the -purpose of parking thereon. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-514_Reckless_Driving" -A "\c" \ - -- "Sec 15-514 Reckless Driving" -\& -.IP " 1." 4 -It shall be deemed reckless driving for any person to drive a motor -vehicle in a careless or wanton manner without regard for the safety of -persons or property. -.IP " 2." 4 -Any person convicted of violating this section shall be punished by a -fine not to exceed $500.00 and shall pay court costs. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-901. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1026.23.pdf" -A "\c" \ - -- "1026.23" -\& on 6/5/2023 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-515_Careless_Or_Negligent_Driving" -A "\c" \ - -- "Sec 15-515 Careless Or Negligent Driving" -\& -.IP " 1." 4 -No person shall drive, use, operate, park, cause to be parked, or stop -any vehicle: -.RS 4 -.IP " 1." 4 -In a careless manner; -.IP " 2." 4 -In a negligent manner; -.IP " 3." 4 -In such a manner as to endanger life, limb, person or property; or -.IP " 4." 4 -In such a manner or condition as to interfere with the lawful movement -of traffic or use of the streets. -.RE -.IP " 2." 4 -Every driver of a motor vehicle shall, upon stopping, or upon stopping -and leaving the vehicle, park the same in a careful and prudent manner -and place so as not to interfere with the operation of other vehicles or -with pedestrians or other traffic. -Failure to comply with these requirements shall he deemed careless -driving in violation of this section. -.IP " 3." 4 -Any driver who operates or continues to operate his vehicle when any -other person riding thereon or therein engages in any activity or does -any act which interferes with his operation thereof is guilty of -careless driving. -.IP " 4." 4 -A driver of a motor vehicle who collides with another vehicle or with -any person or property because of driving error is guilty of careless -driving. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-516_Inattention_To_Driving;_Texting_While_Driving" -A "\c" \ - -- "Sec 15-516 Inattention To Driving; Texting While Driving" -\& -.IP " 1." 4 -Every driver shall remain alert and give full attention to the safe -control and operation of his vehicle while it is in motion. -Any driver who engages in any activity or does any act while driving -that interferes with the safe operation and control of his vehicle is -guilty of inattention to driving. -A driver of a motor vehicle who collides with another vehicle or with -any person or property because of inattention is guilty of careless -driving. -.IP " 2." 4 -It shall be unlawful for any person to operate a motor vehicle on any -street or highway within the city while using a hand-held electronic -communication device to manually compose, send or read an electronic -text message while the motor vehicle is in motion. -.IP " 3." 4 -Any person who violates the provisions of subsection (A) of this section -shall, upon conviction, be punished by a fine of not more than $100.00 -or the maximum designated by state law. -.IP " 4." 4 -The provisions of subsection (B) of this section shall not apply if the -person is using a cellular or electronic device for the sole purpose of -communicating with any of the following regarding an imminent emergency -situation: -.RS 4 -.IP " 1." 4 -An emergency responder; -.IP " 2." 4 -A hospital, physician\[aq]s office or health clinic; -.IP " 3." 4 -A provider of ambulance services; -.IP " 4." 4 -A provider of firefighting services; or -.IP " 5." 4 -A law enforcement agency. -.RE -.IP " 5." 4 -The following words, terms and phrases, when used in this section, shall -have the meanings ascribed to them in this subsection, except where the -context clearly indicates a different meaning: -.br -.br -\f[I]Cellular telephone\f[R] means an analog or digital wireless -telephone authorized by the Federal Communications Commission to operate -in the frequency bandwidth reserved for cellular telephones. -.br -.br -\f[I]Compose, send\f[R] or \f[I]read\f[R], with respect to a text -message, means the manual entry, sending or retrieval of a text message -to communicate with any person or device. -.br -\f[I] -.br -Electronic communication device\f[R] means an electronic device that -permits the user to manually transmit a communication of written text by -means other than through an oral transfer or wire communication. -The term \[dq]electronic communication device\[dq] does not include a -device that is physically or electronically integrated into a motor -vehicle or a voice-operated global positioning or navigation system that -is affixed to a motor vehicle, or a hands-free device that allows the -user to write, send or read a text message without the use of either -hand except to activate, deactivate or initiate a feature or function. -.br -.br -\f[I]Text message\f[R] includes a text-based message, instant message, -electronic message, photo, video, or electronic mail. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-901d. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327005_Ordinance%20No.%20808%20(15).pdf" -A "\c" \ - -- "808(15)" -\& on 10/19/2015 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-517_Driving_Over_Fire_Hose" -A "\c" \ - -- "Sec 15-517 Driving Over Fire Hose" -\& -.LP -No vehicle shall be driven over any unprotected hose of a fire -department when laid down on any street or private driveway, to be used -at any fire or alarm of fire, without the consent of the fire department -official in command. -.PP -\f[B]State Law reference\f[R]\[em] Driving over fire hose, 47 O.S. -§ 11-1109. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-518_Following_Fire_Or_Emergency_Apparatus" -A "\c" \ - -- "Sec 15-518 Following Fire Or Emergency Apparatus" -\& -.IP " 1." 4 -The driver of any vehicle other than one on official business shall not -follow any fire apparatus traveling in response to a fire alarm closer -than 500 feet or drive into or park such vehicle within the block where -fire apparatus has stopped in answer to a fire alarm. -.IP " 2." 4 -The driver of any vehicle other than one on official business shall not -follow any emergency vehicle or shall not purposely drive to any -location on a highway where an emergency exists which would interfere -with the free movement of authorized emergency vehicles or any other -traffic using the highway at that location. -For the purpose of this subsection the definition of emergency shall -include traffic accidents, airplane accidents, disasters, explosions, -civil disturbances and (without limitation by the foregoing) any other -related circumstances which tend to cause traffic congestion. -The purpose of this subsection is to eliminate sightseers and other -persons who do not have official business at the scene of an emergency, -and whose presence would tend to cause traffic congestion. -.LP -(Ord. -No. -506, 2-5-1990) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1108. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-519_Procedure_On_Approach_Of_Emergency_Vehicles" -A "\c" \ - -- "Sec 15-519 Procedure On Approach Of Emergency Vehicles" -\& -.IP " 1." 4 -Upon the immediate approach of an authorized emergency vehicle making -use of audible and visual signals meeting the requirements of the laws -of the state, or of a police vehicle properly and lawfully making use of -an audible signal only, the driver of every other vehicle shall yield -the right-of-way and shall immediately drive to a position parallel to, -and as close as possible to, the right-hand edge or curb of the roadway -clear of any intersection, and shall stop and remain in such position -until the authorized emergency vehicle has passed, except when otherwise -directed by a police officer. -.IP " 2." 4 -This section shall not operate to relieve the driver of an authorized -emergency vehicle from the duty to drive with due regard for the safety -of all persons using the highway. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-405. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-520_Driving_Under_The_Influence_While_Under_Age" -A "\c" \ - -- "Sec 15-520 Driving Under The Influence While Under Age" -\& -.IP " 1." 4 -It is unlawful, and punishable as provided in subsection (C) of this -section, for any person under 21 years of age to drive, operate, or be -in actual physical control of a motor vehicle within the state who: -.RS 4 -.IP " 1." 4 -Has any measurable quantity of alcohol in the person\[aq]s blood or -breath at the time of a test administered within two hours after an -arrest of the person; -.IP " 2." 4 -Exhibits evidence of being under the influence of any other intoxicating -substance as shown by analysis of a specimen of the person\[aq]s blood, -breath, saliva, or urine in accordance with the provisions of 47 O.S. -§§ 752 and 759; or -.IP " 3." 4 -Exhibits evidence of the combined influence of alcohol and any other -intoxicating substance. -.RE -.IP " 2." 4 -As used in this section, the term \[dq]other intoxicating substance\[dq] -means any controlled dangerous substance as defined in 63 O.S. -§ 2-101 et seq., or any other substance, other than alcohol, which is -capable of being ingested, inhaled, injected, or absorbed into the human -body and is capable of adversely affecting the central nervous system, -vision, hearing, or other sensory or motor function. -.IP " 3." 4 -Any person under 21 years of age who violates any provisions of -subsection (A) of this section shall, upon conviction, be guilty of -driving under the influence while under age. -A violator shall be punished for a first offense by a fine of not less -than $100.00 nor more than $200.00 or by completion of 20 hours of -community service, or by requiring the person to attend and complete a -treatment program, or by any combination of fine, community service, or -treatment. -.RS 4 -.IP " 1." 4 -The court may assess additional community service hours in lieu of any -fine specified in this section. -.IP " 2." 4 -In addition to any penalty imposed pursuant to the provisions of this -section, the person may be subject to: -.RS 4 -.IP " 1." 4 -The cancellation or denial of driving privileges as ordered by the court -pursuant to 47 O.S. -§ 6-107.1; -.IP " 2." 4 -The seizure of the driver\[aq]s license at the time of arrest or -detention, and the administrative revocation of driving privileges by -the department of public safety pursuant to 47 O.S. -§ 754; and -.IP " 3." 4 -The mandatory revocation of driving privileges pursuant to 47 O.S. -§ 6-205.1, which revocation period may be modified as provided by law. -.RE -.RE -.IP " 4." 4 -Nothing in this section shall be construed to prohibit the filing of -charges pursuant to 47 O.S. -§ 761 or 47 O.S. -§ 11-902 when the facts warrant. -.IP " 5." 4 -When the municipal court has determined that a person under the age of -18 years has committed any offense described in subsection (A) of this -section, or that a person 18, 19, or 20 years of age has committed an -offense described in this section, the court shall notify the department -of public safety on a form prescribed by the department as provided in -47 O.S. -§ 6-107.2. -.IP " 6." 4 -The notice shall include the name, date of birth, physical description -and, if known, the driver\[aq]s license number of the person. -The notice shall contain a recommendation to the department to cancel or -deny driving privileges for a specified period of time, in the -discretion of the court, except as otherwise provided by law, as -follows: -.RS 4 -.IP " 1." 4 -For a period not to exceed six months; -.IP " 2." 4 -For a period not to exceed one year; -.IP " 3." 4 -For a period not to exceed two years; or -.IP " 4." 4 -Until the person attains 21 years of age. -.br -The court shall send a copy of the notice to the person first class, -postage prepaid. -.RE -.IP " 7." 4 -In addition to the administrative revocation of driving privileges -pursuant to 47 O.S. -§ 754 and the mandatory revocation of driving privileges pursuant to 47 -O.S. -§ 6-205.1, this section applies to any crime, violation, infraction, -traffic offense or other offense involving or relating to the -possession, use, sale, purchase, transportation, distribution, -manufacture, or consumption of beer, alcohol, or any beverage containing -alcohol and to any crime, violation, interaction, traffic offense or -other offense involving or relating to the possession, use, sale, -purchase, transportation, consumption, ingestion, inhalation, injection, -or absorption of any controlled dangerous substance as defined by 63 -O.S. -§ 2-101(8) or any substance which is capable of being ingested, inhaled, -injected, or absorbed into the human body and is capable of adversely -affecting the central nervous system, vision, hearing, or other sensory -or motor functions. -.IP " 8." 4 -Any person whose driving privileges are canceled or denied pursuant to -this section may file a petition for relief based upon error or hardship -pursuant to 47 O.S. -§ 6-107.2. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-906.4. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-521_Driver's_License_Required" -A "\c" \ - -- "Sec 15-521 Driver\[aq]s License Required" -\& -.LP -No person shall drive or operate any motor vehicle on any public roadway -within the city unless such person has a current, not suspended or -revoked, valid driver\[aq]s or chauffeur\[aq]s license as required by -state law. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 6-303. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-522_Driving_While_License_Suspended,_Use_Of_False_License" -A "\c" \ - -- "Sec 15-522 Driving While License Suspended, Use Of False License" -\& -.IP " 1." 4 -No person shall: -.RS 4 -.IP " 1." 4 -Display or cause or permit to be displayed or have in his possession any -cancelled, revoked, suspended, fictitious, photo static or fraudulently -altered operator\[aq]s or chauffeur\[aq]s license; -.IP " 2." 4 -Lend his operator\[aq]s or chauffeur\[aq]s license to any other person -or knowingly permit the use thereof by another; -.IP " 3." 4 -Display or represent as his own any operator\[aq]s or chauffeur\[aq]s -license not issued to him; or -.IP " 4." 4 -Permit any unlawful use of an operator\[aq]s or chauffeur\[aq]s license -issued to him. -.RE -.IP " 2." 4 -No person shall drive a motor vehicle on any public street within the -city at a time when his privilege to do so is cancelled, suspended or -revoked. -This includes persons who operate a motor vehicle with a suspended -set-up number that has been issued by the department of public safety. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§§ 6-303, 6-305. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-523_Permitting_Unlicensed_Person_To_Drive" -A "\c" \ - -- "Sec 15-523 Permitting Unlicensed Person To Drive" -\& -.LP -No person shall authorize or knowingly permit a motor vehicle owned by -him or under his control to be driven upon any street in the city by any -person who is not authorized or licensed to drive a motor vehicle under -the laws of the state or under the laws of the state of the driver\[aq]s -residence of record. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 6-305. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-524_Driving_Through_Funeral_Processions" -A "\c" \ - -- "Sec 15-524 Driving Through Funeral Processions" -\& -.IP " 1." 4 -No driver of a vehicle shall drive between the vehicles comprising a -funeral or other authorized procession while they are in motion and when -such vehicles are conspicuously designated as required in this chapter. -.IP " 2." 4 -This section shall not apply at intersections where traffic is -controlled by police officers. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-525_Driving_In_Funeral_Procession" -A "\c" \ - -- "Sec 15-525 Driving In Funeral Procession" -\& -.LP -Each driver in a funeral or other procession shall drive as near to the -right-hand edge of the roadway as practicable except when otherwise -directed or escorted by a police officer. -Each driver shall follow the vehicle ahead as closely as is practicable -and safe and at a speed as designated by the escort for the procession. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-315. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-526_Identification_Of_Funeral_Processions" -A "\c" \ - -- "Sec 15-526 Identification Of Funeral Processions" -\& -.LP -A funeral composed of a procession of vehicles shall be identified by -headlights turned on or by the display upon the outside of each vehicle -an identifying insignia or by such other method as may be determined and -designated by the police department. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-527_Use_Of_Roller_Skates,_Coasters,_Skateboards_On_Roadway" -A "\c" \ - -- "Sec 15-527 Use Of Roller Skates, Coasters, Skateboards On Roadway" -\& -.IP " 1." 4 -No person shall operate, ride upon, or propel any roller skates, -coasters, skateboards, toy vehicles or similar devices on or over any of -the following places: -.RS 4 -.IP " 1." 4 -On any roadway within the city except while crossing a street in a -crosswalk; -.IP " 2." 4 -On any sidewalk or street abutting a business within the city, -including, but not limited to, parking areas and sidewalks used for -ingress and egress to any place of business; -.IP " 3." 4 -On any public property where signs are posted prohibiting such use, such -as parking lots, bicycle or jogging paths; -.IP " 4." 4 -In any concrete or asphalt drainage ways, storm sewers or culverts -(whether posted or not); or -.IP " 5." 4 -On private property where a sign prohibiting such items or activity has -been posted by the owner, lessee, or person in charge of the property. -.RE -.IP " 2." 4 -Operators of roller skates, coasters, skateboards, toy vehicles or -similar devices shall yield the right-of-way to other pedestrians using -public walkways and shall not otherwise endanger or interfere with -pedestrian traffic on those walkways. -.IP " 3." 4 -The provisions of subsection (A) of this section shall not apply to any -public street, sidewalk, alley, plaza or parking, which has been closed -or set aside for the purpose of a community event, celebration or -festival for which a revocable permit has been approved and the use of -such items or activity has been approved. -.IP " 4." 4 -The enforcement officer may issue a warning on a first offense when in -the judgment of the enforcement officer a warning will be sufficient to -alleviate the problem. -If an offender is under the age of 18 years, a parent or guardian of the -offender shall be notified and shall be mailed or handed a copy of the -written warning or citation. -.IP " 5." 4 -Any person found guilty of this section shall be punished as provided in -section 1-108. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-528_Play_Streets_Authorized" -A "\c" \ - -- "Sec 15-528 Play Streets Authorized" -\& -.LP -The city manager, subject to direction by the council, if any, shall -have authority to declare any street or part thereof a play street and -have placed appropriate signs or devices in the roadway indicating and -helping to protect the same. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-529_Use_Of_Play_Streets_By_Motor_Vehicles" -A "\c" \ - -- "Sec 15-529 Use Of Play Streets By Motor Vehicles" -\& -.LP -Whenever authorized signs are erected indicating any street or part -thereof as a play street, no person shall drive a vehicle upon any such -street or portion thereof except drivers of vehicles having business or -whose residences are within such closed area, and then such drivers -shall exercise the greatest care in driving upon any such street or -portion thereof. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-530_Obstructing_Intersection_Or_Crosswalk" -A "\c" \ - -- "Sec 15-530 Obstructing Intersection Or Crosswalk" -\& -.LP -No driver shall enter an intersection or a marked crosswalk unless there -is sufficient space on the other side of the intersection or crosswalk -to accommodate the vehicle he is operating without obstructing the -passage of other vehicles or pedestrians, notwithstanding any -traffic-control signal indication to proceed. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-531_Driving_On_Sidewalk_Prohibited" -A "\c" \ - -- "Sec 15-531 Driving On Sidewalk Prohibited" -\& -.LP -Except as provided in 47 O.S. -§ 11-805.3, the driver of a vehicle shall not drive upon a sidewalk or -within any sidewalk area except at a permanent or temporary driveway. -.PP -\f[B]State Law reference\f[R]\[em] Power of city to prohibit driving on -sidewalks, 11 O.S. -§ 22-117. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-532_Driving_In_Public_Parks_And_Other_Properties_Restricted" -A "\c" \ - -- "Sec 15-532 Driving In Public Parks And Other Properties Restricted" -\& -.IP " 1." 4 -No person shall drive, operate or propel a motor vehicle or motor-driven -cycle, including a motor scooter or motor-driven bicycle, in any park, -public property or right-of-way or easement, within or owned by the -city, except upon established roadways or roadways designed for -vehicular traffic. -A vehicle may be driven a reasonable distance from the roadway for the -purpose of going to and from a parking place. -.IP " 2." 4 -No person shall drive, operate or propel a motor vehicle or motor-driven -cycle past any barrier, sign or other device indicating that vehicular -traffic is prohibited in, upon or through any area upon which vehicular -traffic is prohibited. -.IP " 3." 4 -Emergency vehicles are exempt from the provisions of this section. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-533_Driving_On_Property_Without_Permission" -A "\c" \ - -- "Sec 15-533 Driving On Property Without Permission" -\& -.IP " 1." 4 -It is unlawful for any person to operate any motor vehicle of any size -driven by a motor of any size on or within any private property except -where the operator of the motor vehicle has first obtained the consent -of the owner of the property in writing. -.IP " 2." 4 -Motor driven vehicles may be driven a reasonable distance from the -street only when the operator is going to or from a parking stall or -space. -Emergency vehicles such as police, fire, civil defense or other -emergency motor driven vehicles are exempt from the provisions of this -section. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-534_Starting_Stopped_Or_Parked_Vehicles" -A "\c" \ - -- "Sec 15-534 Starting Stopped Or Parked Vehicles" -\& -.LP -No person shall start a vehicle which is stopped, standing or parked -unless and until such movement can be made with reasonable safety. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-603. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-535_Backing_Of_Vehicle" -A "\c" \ - -- "Sec 15-535 Backing Of Vehicle" -\& -.LP -The driver of a vehicle shall not back the same unless such movement can -be made without interfering with other traffic. -No vehicle shall be backed upon any street except for such distance as -may be necessary to permit the vehicle to enter the proper driving lane -from a parked position. -Such backing shall be done only after the driver of the vehicle has -ascertained that such movement can be made without endangering other -traffic. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1102. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-536_Opening_And_Closing_Vehicle_Door" -A "\c" \ - -- "Sec 15-536 Opening And Closing Vehicle Door" -\& -.LP -No person shall open the door of a motor vehicle on the side available -to moving traffic unless and until it is reasonably safe to do so. -No person shall leave a door open on the side of a motor vehicle -available to moving traffic to load or unload passengers. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1105. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-537_Obstructions_To_Driver's_View,_Number_In_Front_Seat;_Overloading_School_Bus" -A "\c" \ - -- "Sec 15-537 Obstructions To Driver\[aq]s View, Number In Front Seat; Overloading School Bus" -\& -.IP " 1." 4 -No person shall drive a vehicle when it is so loaded or when there are -in the front seat such a number of persons, exceeding three, as to -obstruct the view of the driver to the front or sides of the vehicle or -as to interfere with the driver\[aq]s control over the driving mechanism -of the vehicle. -.IP " 2." 4 -No passenger in a vehicle shall ride in such position as to interfere -with the driver\[aq]s view ahead or to the sides or to interfere with -his control over the driving mechanism of the vehicle. -.IP " 3." 4 -No school bus shall be operated on the streets or highways in the state -when loaded with passengers in excess of the number for which such bus -is designed to carry. -The number of passengers determined by the local school board which the -bus is designed to carry shall be posted in a conspicuous place on the -bus. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-538_Clinging_To_Vehicle" -A "\c" \ - -- "Sec 15-538 Clinging To Vehicle" -\& -.LP -No person riding upon any bicycle, motorized scooter, coaster, roller -skates, sled or toy vehicle shall attach the same or himself to any -vehicle upon a roadway. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1204. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-539_Boarding_Or_Alighting_From_Moving_Vehicle" -A "\c" \ - -- "Sec 15-539 Boarding Or Alighting From Moving Vehicle" -\& -.LP -No person shall board or alight from any vehicle while such vehicle is -in motion. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-540_Riding_Outside_Vehicle_Compartment" -A "\c" \ - -- "Sec 15-540 Riding Outside Vehicle Compartment" -\& -.IP " 1." 4 -No operator of a motor vehicle shall allow a passenger to ride outside -the passenger compartment of the vehicle on the streets of the city, -provided this subsection shall not apply to persons so riding on private -property or for parades or special events, while in the parade -procession, nor shall this section apply to passengers riding while -sitting or kneeling on the floor of the bed of a pickup truck. -Any person convicted of violating the provisions of this subsection -shall be punished by a fine of $10.00 and shall pay court costs of -$15.00, provided the department of public safety shall not assess points -to the driving record of any licensed or unlicensed person convicted of -a violation of this section. -.IP " 2." 4 -No person shall ride, hang, or stand outside the passenger compartment -of any vehicle while on the streets of the city, except this section -shall not apply to persons so riding on private property or for parades -or special events, while in the parade procession, nor shall this -section apply to persons riding as a passenger in the bed of a pickup -truck so long as the person is kneeling or sitting on the floor of the -bed of the pickup truck. -.IP " 3." 4 -This section shall not apply to employees engaged in the necessary -discharge of duties while riding in the space of a truck intended for -merchandise. -.LP -(Ord. -No. -30(92), 7-20-1992) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1114. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-541_Driving_Through_Safety_Zone" -A "\c" \ - -- "Sec 15-541 Driving Through Safety Zone" -\& -.LP -No vehicle shall at any time be driven through or within a safety zone -or island. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1301. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-542_Child_Passenger_Restraint_System_Or_Seat_Belt_Required;_Exceptions;_Penalty" -A "\c" \ - -- "Sec 15-542 Child Passenger Restraint System Or Seat Belt Required; Exceptions; Penalty" -\& -.IP " 1." 4 -The following words, terms and phrases, when used in this section, shall -have the meanings ascribed to them in this subsection, except where the -context clearly indicates a different meaning: -.br -\f[I]Child passenger restraint system\f[R] means an infant or child -passenger restraint system that meets the federal standards as set by 49 -CFR 571.213. -.IP " 2." 4 -Every driver when transporting a child under eight years of age in a -motor vehicle operated on the roadways, streets, or highways of the -state, shall provide for the protection of said child by properly using -a child passenger restraint system as follows: -.RS 4 -.IP " 1." 4 -A child under four years of age shall be properly secured in a child -passenger restraint system. -The child passenger restraint system shall be rear-facing until the -child reaches two years of age or until the child reaches the weight or -height limit of the rear-facing child passenger restraint system, -whichever occurs first. -.IP " 2." 4 -A child at least four years of age but younger than eight years of age, -if not taller than four feet nine inches in height, shall be properly -secured in either a child passenger restraint system or child booster -seat. -.IP " 3." 4 -If a child is eight years of age or is taller than four feet nine inches -in height, a seat belt properly secured to the vehicle shall be -sufficient to meet the requirement of this section. -.RE -.IP " 3." 4 -This section shall not apply to: -.RS 4 -.IP " 1." 4 -The driver of a school bus, taxicab, moped, motorcycle, or other motor -vehicle not required to be equipped with safety belts pursuant to city -ordinance, state statute, or federal law; -.IP " 2." 4 -The driver of an ambulance or emergency vehicle; -.IP " 3." 4 -A driver of a vehicle if all of the seat belts in the vehicle are in -use; -.IP " 4." 4 -The transportation of children who for medical reasons are unable to be -placed in such devices, provided there is written documentation from a -physician of such medical reason; -.IP " 5." 4 -The transportation of a child who weighs more than 40 pounds and who is -being transported in the back seat of a vehicle while wearing only a lap -safety belt when the back seat is not properly equipped with combination -lap and shoulder safety belts, or when the combination lap and shoulder -safety belts in the back seat are being used by other children who weigh -more than 40 pounds; provided, however, for purposes of this subsection, -the term \[dq]back seat\[dq] shall include all seats located behind the -front seat of a vehicle operated by a licensed child care facility or -church; Provided further, there shall be a rebuttable presumption that a -child has met the weight requirements of this subsection if, at the -request of any law enforcement officer, the licensed child care facility -or church provides the officer with a written statement verified by the -parent or legal guardian that the child weighs more than 40 pounds. -.RE -.IP " 4." 4 -A law enforcement officer is hereby authorized to stop a vehicle if it -appears that the driver of the vehicle has violated the provision of -this section and to give an oral warning to the driver. -The warning shall advise the driver of the possible danger to children -resulting from the failure to install or use a child passenger restraint -system or seat belts in the motor vehicle. -.IP " 5." 4 -A violation of the provisions of this section shall not be admissible as -evidence in any civil action or proceeding for damages. -In any action brought by or on behalf of an infant for personal injuries -or wrongful death sustained by motor vehicle collision, the failure of -any person to have the infant properly restrained in accordance with the -provisions of this section shall not be used in aggravation or -mitigation of damages. -.IP " 6." 4 -Any person convicted of violating this section shall be punished by a -fine of $50.00, or the maximum amount allowed by state law, whichever is -greater, and shall pay court costs. -This fine shall be suspended in the case of the first offense upon proof -of purchase or acquisition by loan of a child passenger restraint -system. -The fine need not be suspended if the child was being transported in a -motor vehicle already equipped with a child passenger restraint system. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1112. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327074_Ordinance%20No.%20809%20(15).pdf" -A "\c" \ - -- "809(15)" -\& on 10/19/2015 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-543_Seat_Belts_Required_For_Front_Seat_Passengers;_Exceptions" -A "\c" \ - -- "Sec 15-543 Seat Belts Required For Front Seat Passengers; Exceptions" -\& -.IP " 1." 4 -Every operator and front seat passenger of a Class A commercial motor -vehicle, Class B commercial motor vehicle, Class C commercial motor -vehicle or a passenger car operated in the city shall wear a properly -adjusted and fastened safety seat belt system, required to be installed -in the motor vehicle when manufactured pursuant to Federal Motor Vehicle -Safety Standard 208. -For the purposes of this section, the term \[dq]passenger car\[dq] shall -mean a Class D motor vehicle, but shall not include trucks, -truck-tractors, recreational vehicles, motorcycles, motorized bicycles -or vehicles used primarily for farm use and licensed pursuant to 47 O.S. -§ 1134. -.IP " 2." 4 -This section shall not apply to an operator or passenger of a passenger -car in which the operator or passenger possesses a written verification -from a physician licensed in the state that he is unable to wear a -safety seat belt system for medical reasons. -The issuance of such verification by a physician, in good faith, shall -not give rise to, nor shall such physician thereby incur, any liability -whatsoever, in damages or otherwise, to any person injured by reason of -such failure to wear a safety seat belt system. -.IP " 3." 4 -This section shall not apply to an operator of a motor vehicle who is a -route carrier of the U.S. -Postal Service. -.IP " 4." 4 -Any person convicted of violating this section shall be punished by a -fine of $20.00, or the maximum amount allowed by state law, whichever is -greater. -.LP -(Ord. -No. -423, 2-2-1987) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 12-417. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-544_Certain_Vehicles_To_Stop_At_All_Railroad_Crossings" -A "\c" \ - -- "Sec 15-544 Certain Vehicles To Stop At All Railroad Crossings" -\& -.IP " 1." 4 -The driver of any motor vehicle carrying passengers for hire, or of any -school bus carrying any school child, or of any vehicle carrying -explosive substances or flammable liquids as a cargo or part of a cargo, -before crossing at grade any track or tracks of a railroad, shall stop -such vehicles within 50 feet but not less than 15 feet from the nearest -rail of such railroad, and while so stopped, shall listen and look in -both directions along such track for any approaching train and for -signals indicating the approach of a train, except as hereinafter -provided, and shall not proceed until he can do so safely. -After stopping as required herein and upon proceeding when it is safe to -do so, the driver of any such vehicle shall cross only in such gear of -the vehicle that there will be no necessity for changing gears while -traversing such crossing, and the driver shall not shift gears while -crossing the track or tracks. -.IP " 2." 4 -No stop need be made at any such crossing where a police officer or -traffic-control signals direct traffic to proceed. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-702. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-545_Approaching_Stationary_Emergency_Vehicle_Displaying_Flashing_Lights" -A "\c" \ - -- "Sec 15-545 Approaching Stationary Emergency Vehicle Displaying Flashing Lights" -\& -.LP -The driver of a motor vehicle, upon approaching a stationary authorized -emergency vehicle that is displaying a flashing combination red or blue -light or any combination of red or blue lights, shall: -.IP " 1." 4 -If traveling on a highway that consists of two or more lanes that carry -traffic in the same direction of travel as that of the driver, the -driver shall proceed with due caution and shall, if possible and with -due regard to the road, weather, and traffic conditions, change lanes -into a lane that is not adjacent to the stationary authorized emergency -vehicle; or if the driver is not able to change lanes or if to do so -would be unsafe, the driver shall proceed with due caution and reduce -the speed of the motor vehicle to a safe speed for the existing road, -weather, and traffic conditions; and -.IP " 2." 4 -If traveling on a highway other than a highway described in subsection -(A) of this section, the driver shall proceed with due caution and -reduce the speed of the motor vehicle to a safe speed for the existing -road, weather, and traffic conditions. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-314. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-546_Procedures_For_Motor_Vehicles_Required_To_Merge_In_Maintenance_And_Construction_Zones" -A "\c" \ - -- "Sec 15-546 Procedures For Motor Vehicles Required To Merge In Maintenance And Construction Zones" -\& -.IP " 1." 4 -When any highway has been closed to traffic while the highway is flooded -or under repair, maintenance or construction and traffic-control devices -or barricades have been erected, it shall be unlawful for any person to -drive any vehicle through, under, over, or around the traffic-control -devices or barricades, or otherwise to enter the closed area. -The provisions of this subsection shall not apply to persons while -engaged in the construction, maintenance and repair of the highway or to -persons entering therein for the protection of lives or property, -provided that persons having their places of residence or places of -business within the closed area may travel, when possible to do so, -through the area at their own risk. -.IP " 2." 4 -Whenever construction, repair and maintenance of any highway is being -performed under traffic, the city or other authority shall erect, or -cause to be erected, traffic-control devices to warn and guide the -public. -Each person using the highway shall obey all signs, signals, markings, -flagmen or other traffic-control devices which are placed to regulate, -control, and guide traffic through the construction or maintenance area. -As used in this subsection, the term \[dq]construction or maintenance -area\[dq] means any area upon or around any highway that is visibly -marked as an area where construction, repair, and maintenance is -temporarily occurring. -The construction or maintenance area also includes the lanes of highway -leading up to the area upon which an activity described in this section -is being performed, beginning at the point where properly posted -traffic-control devices start to warn and guide the public into and -through the construction or maintenance, including, but not limited to, -instructions to merge from one lane into another lane, to reduce speed, -or to follow directions of flagmen. -.IP " 3." 4 -The \[dq]Merge Now\[dq] traffic-control device that is used to warn and -guide the public using the highway to merge, shall be located no greater -than one mile nor less than 1,500 feet in advance of the highway -construction or maintenance area. -Whenever any traffic-control device requires traffic to merge due to the -closure of a section or lane of highway, the merge shall be completed: -.RS 4 -.IP " 1." 4 -As soon as practicable after passing the traffic-control device; and -.IP " 2." 4 -Without passing any other traffic proceeding in the same direction. -.RE -.IP " 4." 4 -No person shall remove, change, modify, deface or alter any -traffic-control device or barricade which has been erected on any -highway under the provisions of this section. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1302. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-6_STOPPING,_STANDING_AND_PARKING" -A "\c" \ - -- "CHAPTER 15-6 STOPPING, STANDING AND PARKING" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6A_PARKING_REGULATIONS" -A "\c" \ - -- "ARTICLE 15-6A PARKING REGULATIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6B_MANNER_OF_PARKING" -A "\c" \ - -- "ARTICLE 15-6B MANNER OF PARKING" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6A_PARKING_REGULATIONS" -A "\c" \ - -- "ARTICLE 15-6A PARKING REGULATIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-601_Stopping,_Standing_Or_Parking_Prohibited_In_Certain_Places" -A "\c" \ - -- "Sec 15-601 Stopping, Standing Or Parking Prohibited In Certain Places" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-602_Handicapped_Parking_Restrictions" -A "\c" \ - -- "Sec 15-602 Handicapped Parking Restrictions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-603_Parking_Not_To_Obstruct_Traffic_Or_Signs" -A "\c" \ - -- "Sec 15-603 Parking Not To Obstruct Traffic Or Signs" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-604_Parking_For_Certain_Purposes_Prohibited" -A "\c" \ - -- "Sec 15-604 Parking For Certain Purposes Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-605_Double_Parking" -A "\c" \ - -- "Sec 15-605 Double Parking" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-606_Removing_Enforcement_Marking" -A "\c" \ - -- "Sec 15-606 Removing Enforcement Marking" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-607_Standing_Or_Parking_On_Left_Side_Of_Roadway" -A "\c" \ - -- "Sec 15-607 Standing Or Parking On Left Side Of Roadway" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-608_Parking_On_Private_Property;_Impounding_Of_Vehicle" -A "\c" \ - -- "Sec 15-608 Parking On Private Property; Impounding Of Vehicle" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-609_Driving_Or_Parking_On_Commercial_Business_Property_Restricted;_Signs" -A "\c" \ - -- "Sec 15-609 Driving Or Parking On Commercial Business Property Restricted; Signs" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-610_Parking_More_Than_24_Hours" -A "\c" \ - -- "Sec 15-610 Parking More Than 24 Hours" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-611_Unattended_Vehicles" -A "\c" \ - -- "Sec 15-611 Unattended Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-612_Authority_To_Restrict_Parking_Time" -A "\c" \ - -- "Sec 15-612 Authority To Restrict Parking Time" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-613_Parking_In_Private_Parking_Spaces_Without_Permission_Of_Owner" -A "\c" \ - -- "Sec 15-613 Parking In Private Parking Spaces Without Permission Of Owner" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-614_Prohibiting_Parking_Within_Fire_Lanes_On_Certain_Private_Property" -A "\c" \ - -- "Sec 15-614 Prohibiting Parking Within Fire Lanes On Certain Private Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-615_Limiting_Parking_To_Authorized_Emergency_Vehicles" -A "\c" \ - -- "Sec 15-615 Limiting Parking To Authorized Emergency Vehicles" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-601_Stopping,_Standing_Or_Parking_Prohibited_In_Certain_Places" -A "\c" \ - -- "Sec 15-601 Stopping, Standing Or Parking Prohibited In Certain Places" -\& -.IP " 1." 4 -Except as otherwise provided in subsection (B) of this section, no -person shall stop, stand or park a vehicle, except when necessary to -avoid conflict with other traffic or in compliance with law or the -directions of a police officer or traffic-control device, in any of the -following places: -.RS 4 -.IP " 1." 5 -On a sidewalk; -.IP " 2." 5 -In front of a public or private driveway; -.IP " 3." 5 -Within 15 feet of a fire hydrant; -.IP " 4." 5 -Within an intersection; -.IP " 5." 5 -On a crosswalk; -.IP " 6." 5 -Within 20 feet of a crosswalk at an intersection; -.IP " 7." 5 -Within 30 feet upon the approach to any flashing beacon, stop sign or -traffic-control signal located at the side of a roadway; -.IP " 8." 5 -Between a safety zone and the adjacent curb or within 30 feet of points -on the curb immediately opposite the ends of a safety zone, unless the -authority having jurisdiction indicates a different length by signs or -marking; -.IP " 9." 5 -Within 50 feet of the nearest rail of a railroad crossing; -.IP " 10." 5 -Within 20 feet of the driveway entrance to any fire station and on the -side of a street opposite the entrance to any fire station within 75 -feet of said entrance (when properly signposted); -.IP " 11." 5 -Alongside or opposite any street excavation or obstruction when -stopping, standing or parking would obstruct traffic; -.IP " 12." 5 -On the roadway side of any vehicle stopped or parked at the edge or curb -of a street; -.IP " 13." 5 -Upon any bridge or other elevated structure upon a highway or within a -highway underpass; -.IP " 14." 5 -At any place where official signs prohibit stopping. -.RE -.IP " 2." 4 -No person engaging in the collection and disposal of solid waste or -recycling material, or both, as a business, pursuant to the provisions -of the Oklahoma Solid Waste Management Act (27A O.S. -§ 2-10-101 et seq.), shall stop, stand or park a vehicle, except when -necessary to avoid conflict with other traffic or in compliance with law -or the directions of a police officer or traffic-control device, in any -of the following places: -.RS 4 -.IP " 1." 4 -On a sidewalk; -.IP " 2." 4 -Within an intersection; -.IP " 3." 4 -Alongside or opposite any street excavation or obstruction when -stopping, standing or parking would obstruct traffic; -.IP " 4." 4 -Upon any bridge or other elevated structure upon a highway or within a -highway underpass; or -.IP " 5." 4 -At any place where official signs prohibit stopping. -.RE -.IP " 3." 4 -No person shall move a vehicle not lawfully under the control of the -person into any prohibited area or away from a curb such distance as is -unlawful. -.IP " 4." 4 -No person shall park any vehicle in front of any show, theater, or place -of amusement during any performance or entertainment therein, or while -patrons are in such place either before the commencement or after the -close of any performance. -The police or fire chief shall plainly indicate such non-parking spaces -by appropriate signs or markings. -.IP " 5." 4 -No person shall park, stand, stop or store a motor vehicle on the -following streets or during the time limits indicated after signs are -posted accordingly: -.RS 4 -.IP " 1." 5 -West Main Street, commencing at the intersection of West Main and -Telephone Road to the intersection of West Main Street and Irving Drive; -.IP " 2." 5 -Broadway Avenue, from the intersection of Broadway Avenue and the north -city limit to the intersection of Broadway Avenue and the south city -limit within the city; -.IP " 3." 5 -Janeway Avenue, from the intersection of Janeway Avenue and Northwest -Twenty-Seventh Street to the intersection of Janeway Avenue and -Southwest Fourth Street within the city, excepting the east side of the -maintained portion of Janeway Avenue from the intersection of Janeway -Avenue and Northwest Fifth Street to the intersection of Janeway Avenue -and Southwest Fourth Street within the corporate limits; -.IP " 4." 5 -Julie Street; -.IP " 5." 5 -Northeast Twelfth Street, on either side where such street abuts the -Moore Community Park, between the hours of 12:01 a.m. -and 6:00 a.m. -on each day; -.IP " 6." 5 -Northeast Twenty-first Street, commencing at the place where such street -connects with North Broadway Street, thence eastward to and across the -drainage ditch or canal passing under the street, thence eastward to and -through the curve to the left to the place and point where such curve is -completed and such street commences its direction to the north; -.IP " 7." 5 -Southwest First Street, south side from the intersection of Southwest -First Street and Telephone Road to the intersection of Southwest First -Street and Janeway Avenue in the city; -.IP " 8." 5 -E. Main Street from and including the intersection of E. Main Street and -Telephone Road to and including the intersection of E. Main Street and -S. Ramblin Oaks Drive within the city; and -.IP " 9." 5 -Messenger Lane, on either side of Messenger Lane beginning at NE 12th -Street and extending south a distance of 960 feet. -.IP " 10." 5 -The south half of Southwest 10th street beginning at the edge of the -driveway to 804 SW 10th Street and extending to the north edge of the -driveway to 1205 South Janeway Avenue. -.br -.RE -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1003. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1626796832_ordinance%20983.21.pdf" -A "\c" \ - -- "983(21)" -\& on 7/19/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-602_Handicapped_Parking_Restrictions" -A "\c" \ - -- "Sec 15-602 Handicapped Parking Restrictions" -\& -.IP " 1." 4 -.IP " 1." 4 -It shall be unlawful for any person to place or park a motor vehicle in -any parking space that is designated and posted as a reserved area for -the parking of a motor vehicle operated by or transporting a physically -disabled person unless such person has applied for and been issued a -detachable placard indicating physical disability under the provisions -of 47 O.S. -§ 15-112, and such placard is displayed as provided in 47 O.S. -§ 15-112 or in rules adopted pursuant thereto, or has applied for and -been issued a physically disabled license plate, a disabled veterans -license plate or a Purple Heart recipient license plate pursuant to the -provisions of 47 O.S. -§ 1135.1 or 1135.2, and such license plate is displayed pursuant to the -provisions of the Oklahoma Vehicle License and Registration Act (47 O.S. -§ 1101 et seq.), or has been issued a disability sticker issued by the -Department of Veterans Affairs and/or federal military bases, or a -physically disabled placard or license plate issued by another state. -.IP " 2." 4 -It shall also be unlawful for any person to place or park a motor -vehicle, whether with or without a physically disabled placard or plate, -in any disabled parking space access aisle, wheelchair ramp, wheelchair -loading/unloading area or any portion thereof. -.IP " 2." 4 -.IP " 1." 4 -Violation of these provisions shall be a misdemeanor and, upon -conviction, the person shall be fined up to $200.00, provided any person -cited for a first offense of a violation of this section who has -displayed a placard which has expired pursuant to 47 O.S. -§ 15-112(D)(4) or (D)(5) shall be entitled to dismissal of such charge -and shall not be required to pay the fine or court costs if the person -presents to the court within 30 days of the issuance of the citation a -notice from the department of public safety that the person has obtained -a valid placard pursuant to the provisions of 47 O.S. -§ 15-112(D). -.IP " 2." 4 -In addition, vehicles unlawfully parked in violation of these provisions -shall be subject to immediate tow by a licensed tow truck operator at -the request of the landowner or a duly appointed agent of the landowner, -at the request of any person unable to lawfully gain access to or move -their vehicle, at the request of any person unable to lawfully gain -access to the area blocked by the unlawfully parked vehicle, or at the -request of appropriate law enforcement personnel. -The owner of any vehicle unlawfully parked in violation of these -provisions shall pay any and all reasonable and necessary costs -associated with towing and storage of the vehicle. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1007. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1011.22.pdf" -A "\c" \ - -- "1011.22" -\& on 7/18/2022 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1034.23.pdf" -A "\c" \ - -- "1034.23" -\& on 10/2/2023 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-603_Parking_Not_To_Obstruct_Traffic_Or_Signs" -A "\c" \ - -- "Sec 15-603 Parking Not To Obstruct Traffic Or Signs" -\& -.IP " 1." 4 -No person shall park a vehicle within a street or alley in such a manner -or under such conditions as to prohibit the free movement of authorized -emergency vehicles or vehicular traffic. -.IP " 2." 4 -No person shall stop, stand or park a vehicle within a street or alley -in such a position as to block the driveway entrance to any abutting -property. -.IP " 3." 4 -No person shall at any time stop, stand or park a vehicle except when -necessary to avoid conflict with other traffic, in compliance with the -directions of a police officer or traffic-control device or in case of -emergency within any alley except for the purpose of and while actually -engaged in loading or unloading merchandise, with the maximum time -permitted for loading or unloading being as provided in this Code or as -posted; however, such vehicle must be headed in the proper direction in -the alley and it must be parked on the right half of one-way alleys. -.IP " 4." 4 -Any vehicle parked upon the public streets or right-of-way shall be -parked so as not to obstruct the view of any flashing beacon, stop sign -or traffic-control signal by oncoming traffic. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-604_Parking_For_Certain_Purposes_Prohibited" -A "\c" \ - -- "Sec 15-604 Parking For Certain Purposes Prohibited" -\& -.LP -No person shall park his vehicle upon any street or highway, as defined -in section 15-101, any dedicated right-of-way, or any easement shown on -any plat maps of the city, for the principle purpose of: -.IP " 1." 4 -Displaying the vehicle for sale; -.IP " 2." 4 -Displaying advertising or displaying merchandise; -.IP " 3." 4 -Washing, greasing or repairing the vehicle, except repairs necessitated -by an emergency; and -.IP " 4." 4 -Selling merchandise or any other thing from vehicles without appropriate -permit or license from the city. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-605_Double_Parking" -A "\c" \ - -- "Sec 15-605 Double Parking" -\& -.LP -Double parking is permitted for a period of not to exceed ten minutes -and only if a competent driver licensed under state law remains in -complete control of the vehicle. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-606_Removing_Enforcement_Marking" -A "\c" \ - -- "Sec 15-606 Removing Enforcement Marking" -\& -.LP -No person, with intent to extend the time during which a motor vehicle -can be parked at a time-restricted parking space, shall remove, erase, -obliterate, smudge or otherwise delete or disfigure any chalk or any -other mark or symbol used by authorized employees of the city in -connection with the enforcement of motor vehicle parking restrictions. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-607_Standing_Or_Parking_On_Left_Side_Of_Roadway" -A "\c" \ - -- "Sec 15-607 Standing Or Parking On Left Side Of Roadway" -\& -.IP " 1." 4 -The city manager, subject to direction of the council, may determine -when standing or parking may be permitted upon the left-hand side of any -one-way roadway and to have signs or marks placed giving notice thereof. -.IP " 2." 4 -In the event a highway includes two or more separate roadways and -traffic is restricted to one direction upon any such roadway, no person -shall stand or park a vehicle upon the left-hand side of such one-way -roadway unless signs or marks are placed to permit such standing or -parking. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-608_Parking_On_Private_Property;_Impounding_Of_Vehicle" -A "\c" \ - -- "Sec 15-608 Parking On Private Property; Impounding Of Vehicle" -\& -.IP " 1." 4 -No person shall park a vehicle on the private property of another -without the consent of the owner of the property, his agent or tenant. -.IP " 2." 4 -Any unoccupied vehicle parked in violation of this section may, upon -complaint of the property owner, his agent or tenant, be removed and -impounded by the property owner; and the vehicle owner must pay removal, -storage and impounding fees. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-609_Driving_Or_Parking_On_Commercial_Business_Property_Restricted;_Signs" -A "\c" \ - -- "Sec 15-609 Driving Or Parking On Commercial Business Property Restricted; Signs" -\& -.IP " 1." 4 -It is unlawful for any person to drive or park a motor vehicle onto the -driveway, parking area or any portion of the premises of any business or -commercial property if signs are posted. -.IP " 2." 4 -This section shall be enforced as to all private property where a sign -shall have been posted in a clearly visible location stating -substantially as follows: -.br -.br -\[dq]PRIVATE PROPERTY. -NO PARKING OR TRESPASSING.\[dq] -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-610_Parking_More_Than_24_Hours" -A "\c" \ - -- "Sec 15-610 Parking More Than 24 Hours" -\& -.LP -No person shall park a vehicle on any street for a period of time longer -than 24 hours. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-611_Unattended_Vehicles" -A "\c" \ - -- "Sec 15-611 Unattended Vehicles" -\& -.LP -The person driving or in charge of a motor vehicle shall not permit it -to stand unattended without first stopping the engine and effectively -setting the brake thereon and, when standing upon any grade, turning the -front wheels to the curb or side of the street. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1101. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-612_Authority_To_Restrict_Parking_Time" -A "\c" \ - -- "Sec 15-612 Authority To Restrict Parking Time" -\& -.IP " 1." 4 -The city council, by resolution, may establish parking time limits, or -prohibit parking on designated streets by having appropriate signs -placed thereon. -.IP " 2." 4 -When such signs are in place, no person shall park a vehicle in -violation thereof. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-613_Parking_In_Private_Parking_Spaces_Without_Permission_Of_Owner" -A "\c" \ - -- "Sec 15-613 Parking In Private Parking Spaces Without Permission Of Owner" -\& -.IP " 1." 4 -The parking, leaving or keeping of vehicles, either with or without -occupants, upon real property owned or leased for use of hotels or -business establishments as private parking places, without permission of -the owner or lessee, as the case may be, is hereby prohibited. -.IP " 2." 4 -Any vehicle parked or left in violation of subsection (A) of this -section shall, upon the complaint of the owner or lessee of the -property, be removed from the premises by the property owner or his -designee, at the expense of the owner of the vehicle. -Such removal may be accomplished by the property owner or his designee -directing any person operating a towing service to pull the vehicle to -his garage or place of business, where it shall be held in the custody -of the towing company until the towing charges, if any, are paid. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-614_Prohibiting_Parking_Within_Fire_Lanes_On_Certain_Private_Property" -A "\c" \ - -- "Sec 15-614 Prohibiting Parking Within Fire Lanes On Certain Private Property" -\& -.LP -The city manager, or his authorized representative, when the public -safety shall require, is authorized and directed to prohibit parking -upon private property used for shopping centers, schools, hospitals, -nursing homes, restaurants and places of public entertainment within -zones to be clearly designated and defined by appropriate sign, when the -same is necessary for the establishment of fire lanes to avoid -obstruction of free passage and access. -No person shall stop, stand or park a vehicle, except an authorized -emergency vehicle, within such prohibited fire lanes, except on -direction and by authority of a police officer. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-615_Limiting_Parking_To_Authorized_Emergency_Vehicles" -A "\c" \ - -- "Sec 15-615 Limiting Parking To Authorized Emergency Vehicles" -\& -.LP -The city manager, subject to any directions which the city council may -give, is authorized to designate streets or portions thereof where -parking is limited to authorized emergency vehicles. -When signs are in place giving notice of such limitation, it shall be -unlawful for any person to park any vehicle, except an authorized -emergency vehicle, upon any such street or portion thereof. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6B_MANNER_OF_PARKING" -A "\c" \ - -- "ARTICLE 15-6B MANNER OF PARKING" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-621_Distance_From_Curb" -A "\c" \ - -- "Sec 15-621 Distance From Curb" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-622_Brakes_To_Be_Set:_Motor_Not_To_Be_Running:_Securing_Animals" -A "\c" \ - -- "Sec 15-622 Brakes To Be Set: Motor Not To Be Running: Securing Animals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-623_Angle_Parking" -A "\c" \ - -- "Sec 15-623 Angle Parking" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-624_Parking_Within_Marked_Spaces" -A "\c" \ - -- "Sec 15-624 Parking Within Marked Spaces" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-625_Parking_To_Be_Such_As_To_Leave_Ten_Feet_Of_Roadway_Available_For_Traffic" -A "\c" \ - -- "Sec 15-625 Parking To Be Such As To Leave Ten Feet Of Roadway Available For Traffic" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-621_Distance_From_Curb" -A "\c" \ - -- "Sec 15-621 Distance From Curb" -\& -.LP -Except as otherwise provided in this section, every vehicle stopped or -parked upon roadway where there are adjacent curbs shall be so stopped -or parked with the right-hand wheels of such vehicle parallel to and -within 18 inches of the right-hand curb. -Every vehicle stopped and parked upon the left-hand side of a one-way -street where there are adjacent curbs shall be parked or stopped with -the left-hand wheels parallel to and within 18 inches of the left-hand -curb. -A person engaging in the collection and disposal of solid waste or -recycling material, or both, as a business, pursuant to the provisions -of the Oklahoma Solid Waste Management Act (27A O.S. -§ 2-10-101 et seq.), shall be exempt from the provisions of this section -while in the performance of such activities. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1004. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-622_Brakes_To_Be_Set:_Motor_Not_To_Be_Running:_Securing_Animals" -A "\c" \ - -- "Sec 15-622 Brakes To Be Set: Motor Not To Be Running: Securing Animals" -\& -.LP -Adequate brakes shall be set on all parked vehicles. -No driver of a motor vehicle shall leave the vehicle with the motor -running while parked. -Animals left or parked on the streets shall be securely hitched. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-623_Angle_Parking" -A "\c" \ - -- "Sec 15-623 Angle Parking" -\& -.IP " 1." 4 -The city manager, subject to direction of the council, may determine -upon what streets and parts of streets angle parking will be permitted -and authority shall continue until changed permitting angle parking on -any such street or part of street and until the angle parking markings -or signs are amended. -.IP " 2." 4 -On those streets which have been so signed or marked for angle parking, -no person shall park or stand a vehicle other than at the angle to the -curb or edge of the roadway indicated by such signs or markings. -.IP " 3." 4 -Angle parking is not permitted on any state or federal-aid highway -unless the state department of transportation has determined that the -roadway is of sufficient width to permit angle parking without -interfering with the free movement of traffic. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-624_Parking_Within_Marked_Spaces" -A "\c" \ - -- "Sec 15-624 Parking Within Marked Spaces" -\& -.LP -In an area where parking spaces have been marked off on the surface of -the street, a driver parking a vehicle shall park it within a parking -space as thus marked off and not on or over a line delineating a space. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-625_Parking_To_Be_Such_As_To_Leave_Ten_Feet_Of_Roadway_Available_For_Traffic" -A "\c" \ - -- "Sec 15-625 Parking To Be Such As To Leave Ten Feet Of Roadway Available For Traffic" -\& -.LP -No person shall park a vehicle upon a street or alley in such a manner -or under such conditions as to leave available less than ten feet of the -width of roadway for the free movement of vehicular traffic. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-7_SPEED_REGULATIONS" -A "\c" \ - -- "CHAPTER 15-7 SPEED REGULATIONS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-701_Speed_Limit" -A "\c" \ - -- "Sec 15-701 Speed Limit" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-702_Special_Speed_Regulations" -A "\c" \ - -- "Sec 15-702 Special Speed Regulations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-703_Minimum_Speed" -A "\c" \ - -- "Sec 15-703 Minimum Speed" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-704_Speed_Limits_In_Construction_Zones" -A "\c" \ - -- "Sec 15-704 Speed Limits In Construction Zones" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-701_Speed_Limit" -A "\c" \ - -- "Sec 15-701 Speed Limit" -\& -.IP " 1." 4 -Notwithstanding a maximum speed limit enumerated in this Code, no person -shall drive a vehicle upon any alley, highway, roadway, street or public -parking area at a speed greater than or less than is reasonable or -prudent under the conditions then existing, considering visibility, -amount of traffic, condition of roadway surface, presence of -pedestrians, obstruction of view and other similar facts. -.IP " 2." 4 -No person shall drive any vehicle upon a street at a speed greater than -will permit him to bring it to a stop within the assured clear distance -ahead. -.IP " 3." 4 -Except when a special hazard exists that requires lower speed for -compliance with subsection (A) of this section, the limits specified in -this chapter or established as authorized shall be maximum lawful -speeds. -No person shall drive a vehicle on a highway at a speed in excess of -such maximum limits as follows: -.RS 4 -.IP " 1." 4 -25 miles per hour on any street, except as may be posted otherwise; and -.IP " 2." 4 -25 miles per hour in any designated school zone under the following -conditions, unless a different speed limit is otherwise designated and -posted: -.RS 4 -.IP " 1." 4 -When signed with the legend \[dq]When Flashing\[dq] and flashing lights -are in operation; and -.IP " 2." 4 -When signed with the legend \[dq]When Children Are Present.\[dq] A child -shall be considered present when he is within 15 feet of the curb or -edge of the street within a school zone or near enough so that a -potential hazard exists with motorized traffic. -.RE -.RE -.IP " 4." 4 -The city manager has authority to post lower speed limits than those -presented in this chapter where special hazards exist. -.IP " 5." 4 -The fact that the speed of a vehicle is lower than the designated limits -shall not relieve the driver from the duty to decrease speed when -approaching and crossing an intersection, when approaching and going -around a curve, when approaching a hill crest, when traveling upon any -narrow winding roadway, or when a special hazard exists with respect to -pedestrians or other traffic, or by reason of weather or highway -conditions and speed shall be decreased as may be necessary to avoid -colliding with any person or vehicle or on entering the roadway in -compliance with legal requirement and the duty of all persons to use due -care and precaution. -.IP " 6." 4 -The driver of every vehicle shall, consistent with the requirements of -subsection (A) of this section, drive at an appropriate reduced speed -when approaching and crossing an intersection or railway grade crossing, -when approaching and going around a curve, when approaching a hillcrest, -when driving upon any narrow or winding roadway, and when special hazard -exists with respect to pedestrians or other traffic, or by reason of -weather or highway conditions. -.LP -(Ord. -No. -504, 2-5-1990) -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-801. -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-702_Special_Speed_Regulations" -A "\c" \ - -- "Sec 15-702 Special Speed Regulations" -\& -.IP " 1." 4 -Speed limits are hereby established, except in school zones, on state -and federal highways in the city as follows, and no person shall drive a -motor vehicle at a speed in excess of such limits: -.br -.br -.RS 4 -.PP -.na -.nr LLold \n[LL] -.TS -delim(@@) tab( ); -lw(23.3n) lw(23.3n) lw(23.3n). -T{ -.nr LL 23.3n -Street Name -.br -T} T{ -.nr LL 23.3n -Section -.br -T} T{ -.nr LL 23.3n -Miles Per Hour -.br -T} -T{ -.nr LL 23.3n -Janeway Street -.br -T} T{ -.nr LL 23.3n -North city limits to SW 4th -.br -T} T{ -.nr LL 23.3n -30 -T} -T{ -.nr LL 23.3n -Santa Fe -.br -T} T{ -.nr LL 23.3n -NW 12th to SW 4th -.br -T} T{ -.nr LL 23.3n -35 -T} -T{ -.nr LL 23.3n -Santa Fe -.br -T} T{ -.nr LL 23.3n -SW 19th to south city limits -.br -T} T{ -.nr LL 23.3n -40 -T} -T{ -.nr LL 23.3n -Telephone Road -.br -T} T{ -.nr LL 23.3n -SW 19th to SW 34th Street -.br -T} T{ -.nr LL 23.3n -45 -T} -T{ -.nr LL 23.3n -Telephone Road -.br -T} T{ -.nr LL 23.3n -SW 34th to south city limits -.br -T} T{ -.nr LL 23.3n -40 -T} -T{ -.nr LL 23.3n -Broadway -.br -T} T{ -.nr LL 23.3n -North city limits to N 18th Street -.br -T} T{ -.nr LL 23.3n -40 -T} -T{ -.nr LL 23.3n -Broadway -.br -T} T{ -.nr LL 23.3n -S 4th to S 19th -.br -T} T{ -.nr LL 23.3n -40 -T} -T{ -.nr LL 23.3n -Broadway -.br -T} T{ -.nr LL 23.3n -S 19th to south city limits -.br -T} T{ -.nr LL 23.3n -45 -T} -T{ -.nr LL 23.3n -Eastern -.br -T} T{ -.nr LL 23.3n -NE 27th to SE 4th -.br -T} T{ -.nr LL 23.3n -40 -T} -T{ -.nr LL 23.3n -Bryant -.br -T} T{ -.nr LL 23.3n -North city limits to NE 27th -.br -T} T{ -.nr LL 23.3n -40 -T} -T{ -.nr LL 23.3n -NE 27th -.br -T} T{ -.nr LL 23.3n -Eastern to Bryant -.br -T} T{ -.nr LL 23.3n -35 -T} -T{ -.nr LL 23.3n -N 12th -.br -T} T{ -.nr LL 23.3n -Santa Fe to Estell -.br -T} T{ -.nr LL 23.3n -35 -T} -T{ -.nr LL 23.3n -NE 12th -.br -T} T{ -.nr LL 23.3n -Estell to Sunnylane -.br -T} T{ -.nr LL 23.3n -40 -T} -T{ -.nr LL 23.3n -NW 5th -.br -T} T{ -.nr LL 23.3n -I-35 to Broadway -.br -T} T{ -.nr LL 23.3n -35 -T} -T{ -.nr LL 23.3n -Main -.br -T} T{ -.nr LL 23.3n -I-35 to Broadway -.br -T} T{ -.nr LL 23.3n -30 -T} -T{ -.nr LL 23.3n -Main -.br -T} T{ -.nr LL 23.3n -Broadway to Eastern -.br -T} T{ -.nr LL 23.3n -35 -T} -T{ -.nr LL 23.3n -SE 19th -.br -T} T{ -.nr LL 23.3n -Bryant to Sunnylane -.br -T} T{ -.nr LL 23.3n -50 -T} -T{ -.nr LL 23.3n -SE 19th -.br -T} T{ -.nr LL 23.3n -Broadway to Eastern -.br -T} T{ -.nr LL 23.3n -35 -T} -T{ -.nr LL 23.3n -SW 34th -.br -T} T{ -.nr LL 23.3n -West city limits to I-35 -.br -T} T{ -.nr LL 23.3n -25 -T} -T{ -.nr LL 23.3n -SW 34th -.br -T} T{ -.nr LL 23.3n -Railroad to Eastern -.br -T} T{ -.nr LL 23.3n -35 -T} -T{ -.nr LL 23.3n -SW 34th -.br -T} T{ -.nr LL 23.3n -Eastern to Broadway -.br -T} T{ -.nr LL 23.3n -40 -T} -T{ -.nr LL 23.3n -SE 34th -.br -T} T{ -.nr LL 23.3n -Sunnylane to Sooner -.br -T} T{ -.nr LL 23.3n -40 -T} -T{ -.nr LL 23.3n -SE 34th -.br -T} T{ -.nr LL 23.3n -Sooner to east city limits -.br -T} T{ -.nr LL 23.3n -35 -T} -T{ -.nr LL 23.3n -Indian Hills -.br -T} T{ -.nr LL 23.3n -Eastern to Bryant -.br -T} T{ -.nr LL 23.3n -35 -T} -.TE -.nr LL \n[LLold] -.ad -.RE -.IP " 2." 4 -Any special speed zones inconsistent with these regulations are -expressly amended. -.LP -(Ord. -No. -540, 12-4-1990) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325063_Ordinance%20No.%20779%20(14).pdf" -A "\c" \ - -- "779(14)" -\& on 7/21/2014 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-703_Minimum_Speed" -A "\c" \ - -- "Sec 15-703 Minimum Speed" -\& -.LP -It is unlawful for any person to drive a motor vehicle at such slow -speed as to impede or block the normal and reasonable movement of -traffic, except when reduced speed is necessary for safe operation. -Police officers are hereby authorized to enforce this provision by -directions to drivers and in the event of willful disobedience to this -provision or refusal to comply with the direction of an officer in -accordance herewith, the continued slow operation by a driver shall be -unlawful and constitute a blocking of traffic and a violation of this -section. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-704_Speed_Limits_In_Construction_Zones" -A "\c" \ - -- "Sec 15-704 Speed Limits In Construction Zones" -\& -.LP -Where any municipal street or roadway shall be under construction, -maintenance or repair and a maximum safe, careful, and prudent speed -shall have been determined by the city manager, during the period of the -construction, maintenance, or repairs and shall have been plainly posted -at each terminus thereof and at various points as necessary along the -route thereof the determined maximum speed, no person shall drive any -vehicle upon the portion of the municipal street or roadway at a speed -in excess of the speed so determined and posted. -Violation of the posted speed limit in the repair, maintenance, or -construction zone shall result in the doubling of the appropriate fine. -For purposes of this section, the term \[dq]repair, maintenance, or -construction zone\[dq] means any location where repair, maintenance, or -construction work is actually in progress and workers present. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-804. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-8_RIGHT-OF-WAY" -A "\c" \ - -- "CHAPTER 15-8 RIGHT-OF-WAY" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-801_Right-Of-Way_At_Intersection" -A "\c" \ - -- "Sec 15-801 Right-Of-Way At Intersection" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-802_Right-Of-Way_At_Intersections,_Vehicles_Arriving_At_Same_Time" -A "\c" \ - -- "Sec 15-802 Right-Of-Way At Intersections, Vehicles Arriving At Same Time" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-803_Left_Turn_At_Intersection" -A "\c" \ - -- "Sec 15-803 Left Turn At Intersection" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-804_Designation_Of_Through_Streets" -A "\c" \ - -- "Sec 15-804 Designation Of Through Streets" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-805_Signs_At_Through_Streets" -A "\c" \ - -- "Sec 15-805 Signs At Through Streets" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-806_Determination_Of_Stop_And_Yield_Intersections" -A "\c" \ - -- "Sec 15-806 Determination Of Stop And Yield Intersections" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-807_Vehicles_Entering_Stop_Intersections" -A "\c" \ - -- "Sec 15-807 Vehicles Entering Stop Intersections" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-808_Vehicle_Entering_Yield_Intersection" -A "\c" \ - -- "Sec 15-808 Vehicle Entering Yield Intersection" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-809_School_Zones_And_Crosswalks" -A "\c" \ - -- "Sec 15-809 School Zones And Crosswalks" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-810_Emerging_From_Alley_Or_Driveway" -A "\c" \ - -- "Sec 15-810 Emerging From Alley Or Driveway" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-811_Obstructing_Intersection_Or_Crosswalk" -A "\c" \ - -- "Sec 15-811 Obstructing Intersection Or Crosswalk" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-801_Right-Of-Way_At_Intersection" -A "\c" \ - -- "Sec 15-801 Right-Of-Way At Intersection" -\& -.IP " 1." 4 -The driver of a vehicle on a street which is not a state or federal -highway approaching an intersection with a state or federal highway -shall stop and yield the right-of-way to a vehicle which has entered the -intersection or which is so close thereto as to constitute an immediate -hazard. -.IP " 2." 4 -When two vehicles enter or approach an intersection from different -highways at approximately the same time, the driver of the vehicle on -the left shall yield the right-of-way to the vehicle on the right. -.IP " 3." 4 -The right-of-way rules declared in subsections (A) and (B) of this -section are modified at through highways and otherwise as stated in this -chapter. -.IP " 4." 4 -The driver of a vehicle approaching a \[dq]T\[dq] intersection, -traveling down the base of the \[dq]T\[dq] intersection approaching a -dead end must yield the right-of-way to all traffic. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§§ 11-401, 11-403. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-802_Right-Of-Way_At_Intersections,_Vehicles_Arriving_At_Same_Time" -A "\c" \ - -- "Sec 15-802 Right-Of-Way At Intersections, Vehicles Arriving At Same Time" -\& -.IP " 1." 4 -Where two or more vehicles face stop, slow, warning or caution signs or -signals on two or more intersecting cross streets, and are approaching -so as to enter the intersection at the same time, where each vehicle is -required to stop, the vehicle coming from the right shall have the -right-of-way. -Where each vehicle is required to slow, the vehicle coming from the -right shall have the right-of-way. -Where each vehicle is required to take caution, the vehicle coming from -the right shall have the right-of-way. -.IP " 2." 4 -The driver of a vehicle approaching an intersection shall yield the -right-of-way to a vehicle which has entered the intersection from a -different highway, provided that the driver of a vehicle on a street -which is not a state or federal highway approaching an intersection with -a state or federal highway shall stop and yield the right-of-way to a -vehicle which has entered the intersection or which is so close thereto -as to constitute an immediate hazard. -.IP " 3." 4 -Where one vehicle is required to stop and the other to slow or take -caution, the one slowing or taking caution shall have the right-of-way. -Where one vehicle is required to slow and the other to take caution, the -one required to take caution shall have the right-of-way. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-803_Left_Turn_At_Intersection" -A "\c" \ - -- "Sec 15-803 Left Turn At Intersection" -\& -.LP -The driver of a vehicle within an intersection intending to turn to the -left shall give a signal and yield the right-of-way to any vehicle -approaching from the opposite direction which is within the intersection -or so close thereto as to constitute an immediate hazard. -However, the driver, having so yielded and having given a signal when -and as required by this chapter, may make such left turn, and the -drivers of all other vehicles approaching the intersection from the -opposite direction shall yield the right-of-way to the vehicle making -the left turn. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-402. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-804_Designation_Of_Through_Streets" -A "\c" \ - -- "Sec 15-804 Designation Of Through Streets" -\& -.LP -The city manager, subject to direction of the council, may designate any -street or part of street as a through street. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-805_Signs_At_Through_Streets" -A "\c" \ - -- "Sec 15-805 Signs At Through Streets" -\& -.LP -Whenever the city manager designates and describes a through street, the -city manager shall have placed and maintained a stop sign, or if deemed -more appropriate at any intersection a yield sign, on each and every -street intersection such through street, and a heavy-traffic street not -so designated. -Stop signs shall be erected at the approaches of either of the streets -as may be determined by the manager if deemed desirable. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-806_Determination_Of_Stop_And_Yield_Intersections" -A "\c" \ - -- "Sec 15-806 Determination Of Stop And Yield Intersections" -\& -.IP " 1." 4 -The city manager, subject to direction by the council, is authorized to -determine and designate intersections where particular hazard exists -upon other than through streets and to determine: -.RS 4 -.IP " 1." 4 -Whether vehicles shall stop at one or more entrances to any such -intersection, in which event he shall cause to be erected a stop sign at -every such place where a stop is required; or -.IP " 2." 4 -Whether vehicles shall yield the right-of-way to vehicles on a different -street at such intersection as prescribed in section 15-807, in which -event he shall cause to be erected a yield sign at every place where -obedience thereto is required. -.RE -.IP " 2." 4 -Every stop sign and every yield sign shall be erected as near as -practicable to the nearest line of the crosswalk on the near side of the -intersection or, if there is no crosswalk, then as near as practicable -to the nearest line of the intersecting roadway. -.IP " 3." 4 -Every stop sign shall bear the word \[dq]Stop\[dq] in letters not less -than eight inches in height. -Every yield sign shall bear the word \[dq]Yield\[dq] in letters not less -than seven inches in height. -Every stop sign and every yield sign shall, at nighttime, be rendered -luminous by internal illumination, or by a floodlight projected on the -face of the sign, or by efficient reflecting elements in the face of the -sign. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-807_Vehicles_Entering_Stop_Intersections" -A "\c" \ - -- "Sec 15-807 Vehicles Entering Stop Intersections" -\& -.IP " 1." 4 -Except when directed to proceed by a police officer or traffic-control -signal, every driver of a vehicle approaching a stop intersection -indicated by a stop sign shall stop before entering the crosswalk on the -near side of the intersection, or, in the event there is no crosswalk, -shall stop at a clearly marked stop line, but, if none, then at the -point nearest the intersecting roadway where the driver has a view of -approaching traffic on the intersecting roadway before entering the -intersection. -.IP " 2." 4 -Such driver, after having stopped, shall yield the right-of-way to any -vehicle which has entered the intersection from another highway or which -is approaching so closely on the highway as to constitute an immediate -hazard. -The driver having so yielded may proceed only when it is prudent and -apparently safe to do so. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-703. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-808_Vehicle_Entering_Yield_Intersection" -A "\c" \ - -- "Sec 15-808 Vehicle Entering Yield Intersection" -\& -.IP " 1." 4 -The driver of a vehicle approaching a yield sign shall in obedience to -such sign slow down to a speed reasonable for the existing conditions, -or shall stop if necessary and yield the right-of-way to any pedestrian -legally crossing the roadway on which he is driving and to any vehicle -in the intersection or approaching on another highway so closely as to -constitute an immediate hazard. -If such driver is involved in a collision with a pedestrian in a -crosswalk or a vehicle in the intersection after driving past a yield -sign, such collision shall be deemed prima facie evidence of his failure -to yield the right-of-way. -.IP " 2." 4 -The driver of a vehicle approaching a yield sign is required for safety -to stop, and shall stop before entering the crosswalk on the near side -of the intersection or, in the event there is no crosswalk, at a clearly -marked stop line, but, if none, then at the point nearest the -intersecting roadway where the driver has a view of approaching traffic -on the intersection roadway. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-703. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-809_School_Zones_And_Crosswalks" -A "\c" \ - -- "Sec 15-809 School Zones And Crosswalks" -\& -.IP " 1." 4 -The city manager, subject to direction by the council, is authorized to -erect signs to designate school zones and school zone crosswalks. -.IP " 2." 4 -No person may drive a vehicle past a school sign or through a school -zone at a speed greater than that posted on school days or when children -are present, all as posted. -Drivers proceeding in a school zone shall stop and yield the -right-of-way to pedestrians in school zone crosswalks when so directed -by a school safety patrol member or when such crosswalk is occupied by -pedestrians between the hours on school days or when children are -present, all as posted. -.IP " 3." 4 -Any driver involved in a school zone crosswalk collision with a -pedestrian after failing to slow and yield the right-of-way to such -pedestrian shall be deemed prima facie in violation of this section. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-810_Emerging_From_Alley_Or_Driveway" -A "\c" \ - -- "Sec 15-810 Emerging From Alley Or Driveway" -\& -.LP -The driver of a vehicle emerging from an alley, driveway or building -shall stop such vehicle immediately prior to driving onto a sidewalk or -onto the sidewalk area extending across any alleyway or driveway and -shall yield the right-of-way to any pedestrian as may be necessary to -avoid collision, and upon entering the roadway shall yield the -right-of-way to all vehicles approaching on the roadway. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-704. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-811_Obstructing_Intersection_Or_Crosswalk" -A "\c" \ - -- "Sec 15-811 Obstructing Intersection Or Crosswalk" -\& -.LP -No driver shall enter an intersection or a marked crosswalk unless there -is sufficient space on the other side of the intersection or crosswalk -to accommodate the vehicle he is operating without obstructing the -passage of other vehicles or pedestrians, notwithstanding any -traffic-control signal indication to proceed. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-9_TURNING_MOVEMENTS" -A "\c" \ - -- "CHAPTER 15-9 TURNING MOVEMENTS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-901_Method_Of_Turning_Generally_And_At_Intersections" -A "\c" \ - -- "Sec 15-901 Method Of Turning Generally And At Intersections" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-902_Authority_To_Place_Turning_Markers" -A "\c" \ - -- "Sec 15-902 Authority To Place Turning Markers" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-903_Authority_To_Restrict_Turning;_Obedience_Required" -A "\c" \ - -- "Sec 15-903 Authority To Restrict Turning; Obedience Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-904_Limitations_On_Turning,_U-Turns" -A "\c" \ - -- "Sec 15-904 Limitations On Turning, U-Turns" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-905_Turning_Or_Stopping_Movements;_Signals_Required" -A "\c" \ - -- "Sec 15-905 Turning Or Stopping Movements; Signals Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-906_Signals;_Method_Required" -A "\c" \ - -- "Sec 15-906 Signals; Method Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-907_Method_Of_Giving_Hand_Signals" -A "\c" \ - -- "Sec 15-907 Method Of Giving Hand Signals" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-901_Method_Of_Turning_Generally_And_At_Intersections" -A "\c" \ - -- "Sec 15-901 Method Of Turning Generally And At Intersections" -\& -.IP " 1." 4 -The driver of a vehicle intending to turn at an intersection shall do so -as follows: -.RS 4 -.IP " 1." 4 -\f[I]Right turns\f[R]. -Both the approach for a right turn and a right turn shall be made as -close as practicable to the right-hand curb or edge of the roadway; -.IP " 2." 4 -\f[I]Left turns on two-way roadways\f[R]. -At any intersection where traffic is permitted to move in both -directions on each roadway entering the intersection, an approach for a -left turn shall be made in that portion of the right half of the roadway -nearest the centerline thereof and by passing to the right of such -centerline where it enters the intersection; and after entering the -intersection, the left turn shall be made so as to leave the -intersection to the right of the centerline of the roadway being -entered. -Whenever practicable, the left turn shall be made in that portion of the -intersection to the left of the center of the intersection; and -.IP " 3." 4 -\f[I]Left turns on other than two-way roadways\f[R]. -At any intersection where traffic is restricted to one direction on one -or more of the roadways, the driver of a vehicle intending to turn left -at any such intersection shall approach the intersection in the extreme -left-hand lane lawfully available to traffic moving in the direction of -travel of such vehicle. -After entering the intersection, the left turn shall be made so as to -leave the intersection, as nearly as practicable, in the left-hand lane -lawfully available to traffic moving in such direction upon the roadway -being entered. -.RE -.IP " 2." 4 -No person shall turn a vehicle at an intersection unless the vehicle is -in proper position upon the roadway as required by this section, or turn -a vehicle to enter a private road or driveway, or otherwise turn a -vehicle from a direct course or move right or left upon a roadway, -unless and until such movement can be made with reasonable safety. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§§ 11-601, 11-604. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-902_Authority_To_Place_Turning_Markers" -A "\c" \ - -- "Sec 15-902 Authority To Place Turning Markers" -\& -.IP " 1." 4 -The city manager, subject to direction by the council, is authorized to -have placed markers, buttons or signs within or adjacent to -intersections indicating the course to be traveled by vehicles turning -at such intersections. -Such course to be traveled shall be indicated. -.IP " 2." 4 -When authorized markers, buttons or other indications are placed within -an intersection indicating the course to be traveled by vehicles turning -thereat, no driver of a vehicle shall disobey the directions of such -indications. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-903_Authority_To_Restrict_Turning;_Obedience_Required" -A "\c" \ - -- "Sec 15-903 Authority To Restrict Turning; Obedience Required" -\& -.IP " 1." 4 -The city manager, subject to direction by the council, may determine -those intersections at which drivers of vehicles shall not make a right -turn, left turn or U-turn, and shall have placed proper signs at such -intersections. -The making of such turns may be prohibited between certain hours of any -day and permitted at other hours. -.IP " 2." 4 -Whenever authorized signs are erected indicating that no right turn, -left turn or U-turn is permitted, no driver of a vehicle shall disobey -the directions of any such sign. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-904_Limitations_On_Turning,_U-Turns" -A "\c" \ - -- "Sec 15-904 Limitations On Turning, U-Turns" -\& -.IP " 1." 4 -Except as hereinafter provided, no person shall operate a vehicle so as -to turn more than 90 degrees on any street or highway. -.IP " 2." 4 -Persons excepted are those who can safely execute that turn if at an -intersection, but it is unlawful for the driver of a vehicle to make -such a turn at any intersection: -.RS 4 -.IP " 1." 4 -Where traffic-control signals are installed; -.IP " 2." 4 -Where a police officer is directing traffic, except at the latter\[aq]s -direction; or -.IP " 3." 4 -Where an official no U-turn sign has been placed and is maintained. -.RE -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-905_Turning_Or_Stopping_Movements;_Signals_Required" -A "\c" \ - -- "Sec 15-905 Turning Or Stopping Movements; Signals Required" -\& -.IP " 1." 4 -No person shall turn a vehicle at an intersection unless the vehicle is -in proper position upon the roadway as required by ordinance, or turn a -vehicle to enter a private road or driveway, or otherwise turn a vehicle -from a direct course or move right or left upon a roadway unless and -until such movement can be made with reasonable safety. -No person shall turn any vehicle without giving an appropriate signal in -the manner hereinafter provided in the event any other traffic may be -affected by such movement. -.IP " 2." 4 -A signal of intention to turn right or left when required shall be given -continuously during not less than the last 100 feet traveled by the -vehicle before turning. -.IP " 3." 4 -No person shall stop or suddenly decrease the speed of a vehicle without -first giving an appropriate signal in the manner provided herein to the -driver of any vehicle immediately to the rear when there is opportunity -to give such signal. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-604. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-906_Signals;_Method_Required" -A "\c" \ - -- "Sec 15-906 Signals; Method Required" -\& -.IP " 1." 4 -Any stop or turn signal, when required herein, shall be given either by -means of the hand and arm or by signal lamps, except as otherwise -provided in subsection (B) of this section. -.IP " 2." 4 -Any motor vehicle in use on a highway shall be equipped with, and -required signal shall be given by, signal lamps when the distance from -the center of the top of the steering post to the left outside limit of -the body, cab or load of such motor vehicle exceeds 24 inches, or when -the distance from the center of the top of the steering post to the rear -limit of the body or load thereof exceeds 14 feet. -The latter measurement shall apply to any single vehicle and to any -combination of vehicles. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-605. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-907_Method_Of_Giving_Hand_Signals" -A "\c" \ - -- "Sec 15-907 Method Of Giving Hand Signals" -\& -.LP -All signals herein required given by hand and arm shall be given from -the left side of the vehicle in the following manner: -.IP " 1." 4 -\f[I]Left turn\f[R]. -Hand and arm extended horizontally; -.IP " 2." 4 -\f[I]Right turn\f[R]. -Hand and arm extended upward.; A person operating a bicycle may extend -his or her right hand and arm downward to his or her right side. -.br -A person operating a bicycle may extend his or her right hand and arm -horizontally to his or her right; and -.br -.IP " 3." 4 -\f[I]Stop or decrease speed\f[R]. -Hand and arm extended downward. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-606. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_988.21.pdf" -A "\c" \ - -- "988(21)" -\& on 10/4/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-10_ONE-WAY_STREETS_AND_ALLEYS" -A "\c" \ - -- "CHAPTER 15-10 ONE-WAY STREETS AND ALLEYS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1001_Authority_To_Designate_One-Way_Streets" -A "\c" \ - -- "Sec 15-1001 Authority To Designate One-Way Streets" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1002_One-Way_Streets,_Direction_Of_Traffic" -A "\c" \ - -- "Sec 15-1002 One-Way Streets, Direction Of Traffic" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1003_Rotary_Traffic_Islands" -A "\c" \ - -- "Sec 15-1003 Rotary Traffic Islands" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1001_Authority_To_Designate_One-Way_Streets" -A "\c" \ - -- "Sec 15-1001 Authority To Designate One-Way Streets" -\& -.IP " 1." 4 -The city council, by resolution, may designate any street or alley or -part thereof as a one-way street or alley. -Signs indicating the direction of lawful traffic movement shall be -placed at every intersection where movement of traffic in the opposite -direction is prohibited. -.IP " 2." 4 -The following streets are hereby designated as one-way streets: -.RS 4 -.IP " 1." 4 -I-35 service road, east, between Southwest Fourth Street and Northwest -Eighteenth Street within the city limits, northbound; -.IP " 2." 4 -I-35 service road, west, between Southwest Fourth Street and Northwest -Twelfth Street within the city limits, southbound. -.RE -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1002_One-Way_Streets,_Direction_Of_Traffic" -A "\c" \ - -- "Sec 15-1002 One-Way Streets, Direction Of Traffic" -\& -.LP -Upon those streets and parts of streets in those alleys and parts of -alleys designated as one-way streets and alleys, vehicular traffic shall -move only in the indicated direction when signs indicating the direction -of traffic are erected and maintained at every intersection where -movement in the opposite direction is prohibited. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-308. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1003_Rotary_Traffic_Islands" -A "\c" \ - -- "Sec 15-1003 Rotary Traffic Islands" -\& -.LP -A vehicle passing around a rotary traffic island shall be driven only to -the right of such island. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-308. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-11_TRUCK_ROUTES_AND_PARKING" -A "\c" \ - -- "CHAPTER 15-11 TRUCK ROUTES AND PARKING" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1101_Truck_Routes;_Map_Multiple_Citations;_Impoundment" -A "\c" \ - -- "Sec 15-1101 Truck Routes; Map Multiple Citations; Impoundment" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1102_Permits_Required_For_Operation_On_Certain_Streets" -A "\c" \ - -- "Sec 15-1102 Permits Required For Operation On Certain Streets" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1103_LPG_Prohibitions" -A "\c" \ - -- "Sec 15-1103 LPG Prohibitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1104_Compliance_With_State_Law" -A "\c" \ - -- "Sec 15-1104 Compliance With State Law" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1105_Trucks_Transporting_Flammable_Liquids,_Hazardous_Material_Not_To_Be_Left_Unattended_More_Than_15_Minutes" -A "\c" \ - -- "Sec 15-1105 Trucks Transporting Flammable Liquids, Hazardous Material Not To Be Left Unattended More Than 15 Minutes" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1101_Truck_Routes;_Map_Multiple_Citations;_Impoundment" -A "\c" \ - -- "Sec 15-1101 Truck Routes; Map Multiple Citations; Impoundment" -\& -.IP " 1." 4 -The council, by motion or resolution, may prescribe routes through the -city for the use of trucks in general or trucks of particular kinds or -other vehicles which are not ordinary private passenger vehicles passing -through the city. -The city shall see that appropriate and adequate signs are placed along -such routes so that drivers of such vehicles may follow the routes. -.IP " 2." 4 -When such signs are so erected and in place, the driver of a truck or -other vehicle for which a route has been prescribed as provided herein, -while passing through the city, shall keep on such route and shall not -deviate therefrom except in case of emergency. -Drivers of such vehicles shall follow such routes so far as practicable -also when driving within the city and not merely through the city. -.IP " 3." 4 -The city clerk shall keep and maintain accurate maps setting out the -truck routes designated by the city. -.IP " 4." 4 -Any truck which has been involved in two or more driving or parking -violations for which citations have been issued and not paid as required -shall be subject to impoundment upon the issuance of the third citation. -The enforcing officer shall make all reasonable efforts to contact the -owner or operator before impoundment. -The costs of impoundment shall be paid by the owner before any impounded -truck is released. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1102_Permits_Required_For_Operation_On_Certain_Streets" -A "\c" \ - -- "Sec 15-1102 Permits Required For Operation On Certain Streets" -\& -.IP " 1." 4 -No person, except in case of emergency, shall drive or operate a bus or -truck larger than a 1½-ton truck upon any minor or collector street -without a permit issued by the city. -.IP " 2." 4 -The city clerk shall issue a permit as provided herein upon application -and approval by the city manager or his designee. -A fee shall be charged and collected for such permit which shall state -the time and street upon which the vehicle is to be operated. -A permit is valid only for the date and time issued. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1103_LPG_Prohibitions" -A "\c" \ - -- "Sec 15-1103 LPG Prohibitions" -\& -.IP " 1." 4 -It is unlawful for any person to drive a liquefied petroleum or -hazardous material truck, whether empty or loaded, in the city. -Liquefied petroleum or hazardous material trucks may be driven on -through streets as designated by the city, but may not be parked for any -purpose on any public street in the city. -No truck, trailer, storage building or any other structure containing -hazardous materials in bottles, buckets, barrels or any other container -may be parked for any purpose on a public street in the city. -Such hazardous materials may be removed at the expense of the owner, by -the city manager or designee, to storage in a proper location until the -city judge shall direct that such hazardous materials he returned to the -rightful owner or otherwise disposed of as provided by law. -.IP " 2." 4 -For the purpose of this section, the following streets are hereby -designated as through streets: North 27th Street, North 12th Street, -South 4th Street, South 19th Street, South 34th Street, Sunnylane, -Bryant, Eastern, Broadway, South Telephone south of Southwest 4th -Street, Santa Fe, Interstate 35, North Moore or Shields north of -Northwest 27th Street, and others as may be designated. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1104_Compliance_With_State_Law" -A "\c" \ - -- "Sec 15-1104 Compliance With State Law" -\& -.LP -All persons owning liquefied petroleum gas or hazardous material trucks -shall comply with all state laws, the city liquefied petroleum gas -regulations, and have in force adequate public liability and property -damage insurance. -.PP -(Prior Code, § 9-82) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1105_Trucks_Transporting_Flammable_Liquids,_Hazardous_Material_Not_To_Be_Left_Unattended_More_Than_15_Minutes" -A "\c" \ - -- "Sec 15-1105 Trucks Transporting Flammable Liquids, Hazardous Material Not To Be Left Unattended More Than 15 Minutes" -\& -.LP -It is unlawful for any person to park a truck or vehicle transporting -explosives, gasoline or other flammable liquids, combustible liquids or -hazardous materials and to leave the same unattended within the city. -Such truck or vehicle may be left parked within an agricultural district -or may be parked unattended on any street or alley only for an emergency -and then only for a period of time not to exceed 15 minutes. -Such a truck shall in no way obstruct traffic using the street or alley. -.PP -(Prior Code, § 9-62) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-12_LOADING_ZONES" -A "\c" \ - -- "CHAPTER 15-12 LOADING ZONES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1201_Authority_To_Designate_Curb_Loading_Zones" -A "\c" \ - -- "Sec 15-1201 Authority To Designate Curb Loading Zones" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1202_Parking_Or_Standing_In_Passenger_Loading_Zones_Restricted" -A "\c" \ - -- "Sec 15-1202 Parking Or Standing In Passenger Loading Zones Restricted" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1203_Standing_Or_Parking_In_Freight_Loading_Zones" -A "\c" \ - -- "Sec 15-1203 Standing Or Parking In Freight Loading Zones" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1204_Permit_To_Back_To_Curb_For_Loading_Or_Unloading" -A "\c" \ - -- "Sec 15-1204 Permit To Back To Curb For Loading Or Unloading" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1201_Authority_To_Designate_Curb_Loading_Zones" -A "\c" \ - -- "Sec 15-1201 Authority To Designate Curb Loading Zones" -\& -.LP -The city manager, subject to direction of the council, may determine the -location of passenger and freight curb loading zones, and shall have -placed and maintained appropriate signs indicating the same and stating -the hours during which the provisions of this section are applicable. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1202_Parking_Or_Standing_In_Passenger_Loading_Zones_Restricted" -A "\c" \ - -- "Sec 15-1202 Parking Or Standing In Passenger Loading Zones Restricted" -\& -.LP -No person shall stop, stand or park a vehicle for any purpose or period -of time other than for the expeditious loading or unloading of -passengers in any place marked as a passenger curb loading zone during -hours when the regulations applicable to such curb loading zone are -effective, and then only for period not to exceed three minutes. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1203_Standing_Or_Parking_In_Freight_Loading_Zones" -A "\c" \ - -- "Sec 15-1203 Standing Or Parking In Freight Loading Zones" -\& -.IP " 1." 4 -No person shall stop, stand or park a vehicle for any purpose or length -of time other than for the expeditious unloading and delivery or pickup -and loading of materials in any place marked as a freight curb loading -zone during hours when the provisions applicable to such zones are in -effect. -In no case shall the stop for loading or unloading of materials exceed -30 minutes. -.IP " 2." 4 -The driver of a passenger vehicle may stop temporarily at a place marked -as a freight curb loading zone for the purpose of and while actually -engaged in loading or unloading passengers when such stopping does not -interfere with any motor vehicle used for the transportation of -materials which is waiting to enter or about to enter such zone. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1204_Permit_To_Back_To_Curb_For_Loading_Or_Unloading" -A "\c" \ - -- "Sec 15-1204 Permit To Back To Curb For Loading Or Unloading" -\& -.IP " 1." 4 -The city manager is authorized to issue special permits to permit the -backing of a vehicle to the curb for the purpose of loading or unloading -merchandise or materials subject to the terms and conditions of such -permit. -Such permits may be issued either to the owner or lessee of real -property or to the owner of the vehicle and shall grant to such person -the privilege as therein stated and authorized herein. -The traffic engineer may revoke such permits at any time. -.IP " 2." 4 -It is unlawful for any permittee or other person to violate any of the -special terms or conditions of any permit issued under this section. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-13_PUBLIC_CARRIER_STOPS" -A "\c" \ - -- "CHAPTER 15-13 PUBLIC CARRIER STOPS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1301_Authority_To_Designate_Public_Carrier_Stops" -A "\c" \ - -- "Sec 15-1301 Authority To Designate Public Carrier Stops" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1302_Bus_Stops,_Restrictions" -A "\c" \ - -- "Sec 15-1302 Bus Stops, Restrictions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1303_Taxi_Stands,_Loading_Passengers" -A "\c" \ - -- "Sec 15-1303 Taxi Stands, Loading Passengers" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1304_Restricted_Use_Of_Bus_And_Taxicab_Stands" -A "\c" \ - -- "Sec 15-1304 Restricted Use Of Bus And Taxicab Stands" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1301_Authority_To_Designate_Public_Carrier_Stops" -A "\c" \ - -- "Sec 15-1301 Authority To Designate Public Carrier Stops" -\& -.LP -The city manager, subject to direction of the council, may establish bus -stops, stands, taxicab stands and stands for other passenger common -carrier motor vehicles on such public streets in such places and in such -manner as it determines to be of the greatest benefit and convenience to -the public. -Every such bus stop, bus stand, taxicab stand or other stand shall be -designated by appropriate signs. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1302_Bus_Stops,_Restrictions" -A "\c" \ - -- "Sec 15-1302 Bus Stops, Restrictions" -\& -.IP " 1." 4 -The operator of a bus shall not stand or park such vehicle upon any -street at any place other than a bus stand. -.IP " 2." 4 -The operator of a bus shall not stop such vehicle upon any street at any -place for the purpose of loading or unloading passengers or their -baggage other than at a bus stop, bus stand or passenger loading zone so -designated, except in case of an emergency. -.IP " 3." 4 -The operator of a bus shall enter a bus stop, bus stand or passenger -loading zone on a public street in such a manner that the bus, when -stopped to load or unload passengers or baggage, shall be in a position -with the right front wheel of such vehicle not further than 18 inches -from the curb and the bus approximately parallel to the curb so as not -to unduly impede the movement of other vehicular traffic. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1303_Taxi_Stands,_Loading_Passengers" -A "\c" \ - -- "Sec 15-1303 Taxi Stands, Loading Passengers" -\& -.LP -The operator of a taxicab shall not stand or park such vehicle upon any -street or any place other than in a taxicab stand so designated. -This section shall not prevent the operator of a taxicab from -temporarily stopping in accordance with other stopping or parking -regulations at any place for the purpose of and while actually engaged -in the expeditious loading or unloading of passengers. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1304_Restricted_Use_Of_Bus_And_Taxicab_Stands" -A "\c" \ - -- "Sec 15-1304 Restricted Use Of Bus And Taxicab Stands" -\& -.LP -No person shall stop, stand or park a vehicle other than a bus in a bus -stop, or other than a taxicab in a taxicab stand, when any such stop or -stand has been officially designated and appropriately signed; except -that the driver of a passenger vehicle may temporarily stop therein for -the purpose of and while actually engaged in loading or unloading -passengers when such stopping does not interfere with any bus or taxicab -waiting to enter such zone. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-14_ACCIDENTS" -A "\c" \ - -- "CHAPTER 15-14 ACCIDENTS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1401_Accidents_Involving_Death_Or_Personal_Injury" -A "\c" \ - -- "Sec 15-1401 Accidents Involving Death Or Personal Injury" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1402_Accidents_Involving_Damage_To_Property" -A "\c" \ - -- "Sec 15-1402 Accidents Involving Damage To Property" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1403_Duty_To_Give_Information_And_Render_Aid" -A "\c" \ - -- "Sec 15-1403 Duty To Give Information And Render Aid" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1404_Duty_Upon_Striking_Unattended_Vehicle" -A "\c" \ - -- "Sec 15-1404 Duty Upon Striking Unattended Vehicle" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1405_Duty_Upon_Striking_Fixtures_Upon_A_Highway" -A "\c" \ - -- "Sec 15-1405 Duty Upon Striking Fixtures Upon A Highway" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1406_Immediate_Notice_Of_Accident" -A "\c" \ - -- "Sec 15-1406 Immediate Notice Of Accident" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1407_When_Driver_Unable_To_Report" -A "\c" \ - -- "Sec 15-1407 When Driver Unable To Report" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1401_Accidents_Involving_Death_Or_Personal_Injury" -A "\c" \ - -- "Sec 15-1401 Accidents Involving Death Or Personal Injury" -\& -.LP -The driver of any vehicle involved in an accident resulting in injury to -or death of any person shall immediately stop such vehicle at the scene -of such accident or as close thereto as possible but shall then -forthwith return to and in every event shall remain at the scene of the -accident until he has fulfilled the requirements of section 15-1403. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1402_Accidents_Involving_Damage_To_Property" -A "\c" \ - -- "Sec 15-1402 Accidents Involving Damage To Property" -\& -.IP " 1." 4 -The driver of any vehicle involved in an accident resulting only in -apparent damage to property shall immediately stop such vehicle at the -scene of such accident or as close thereto as possible. -The driver shall remain at the scene of such accident until he has -fulfilled the requirements of section 15-1403. -Every such stop shall be made without obstructing traffic more than is -necessary. -Any person failing to stop or comply with the requirements under such -circumstances shall be guilty of a misdemeanor. -.IP " 2." 4 -If the damage resulting from such accident is to the property of the -driver only, with no damage to the person or property of another, the -driver need not stop at the scene of the accident but shall make report -of the damage resulting. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1403_Duty_To_Give_Information_And_Render_Aid" -A "\c" \ - -- "Sec 15-1403 Duty To Give Information And Render Aid" -\& -.LP -The driver of any vehicle involved in an accident resulting in injury to -or death of any person or damage to any vehicle which is driven or -attended by any person shall give his correct name, address and -registration number of the vehicle he is driving, and shall, upon -request and if available, exhibit his driver\[aq]s license and his -security verification form, as defined in this Code, to the person -struck or the driver or occupant of or person attending any vehicle -collided with, and shall render to any person injured in such accident -reasonable assistance, including the carrying, or the making of -arrangements for the carrying, of such person to a physician, surgeon or -hospital for medical or surgical treatment if it is apparent that such -treatment is necessary or if such carrying is requested by the injured -person. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 10-104. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1404_Duty_Upon_Striking_Unattended_Vehicle" -A "\c" \ - -- "Sec 15-1404 Duty Upon Striking Unattended Vehicle" -\& -.LP -The driver of any vehicle which collides with any vehicle which is -unattended shall immediately stop and shall then and there either locate -and notify the operator or owner of such vehicle of the correct name and -address of the driver and owner of the vehicle striking the unattended -vehicle, and provide the operator or owner with information from his -security verification form, as defined in this Code, or shall leave in a -conspicuous place in the vehicle struck a written notice giving the name -and address of the driver and of the owner of the vehicle doing the -striking, and providing information from his security verification form, -as defined by this Code, and a statement of the circumstances thereof. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 10-105. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1405_Duty_Upon_Striking_Fixtures_Upon_A_Highway" -A "\c" \ - -- "Sec 15-1405 Duty Upon Striking Fixtures Upon A Highway" -\& -.LP -The driver of any vehicle involved in an accident resulting only in -damage to fixtures or other property legally upon or adjacent to a -highway shall take reasonable steps to locate and notify the owner or -person in charge of such property of such fact and of his name and -address and of the registration number of the vehicle he is driving and -shall, upon request and if available, exhibit his driver\[aq]s license -and his security verification form, as defined in this Code, and shall -make report of such accident when and as required in section 15-1407. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 10-106. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1406_Immediate_Notice_Of_Accident" -A "\c" \ - -- "Sec 15-1406 Immediate Notice Of Accident" -\& -.LP -The driver of a vehicle involved in any accident shall immediately, by -the quickest means of communication, give notice of such accident to the -police department, on forms provided by the police department, after -complying with the requirements of section 15-1403. -A report shall be made on forms provided by the department. -Where personal injury or death occurs, the driver of the vehicle shall -remain at the scene of the accident until police officers arrive, except -in cases of personal injury requiring immediate attention. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 10-107. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1407_When_Driver_Unable_To_Report" -A "\c" \ - -- "Sec 15-1407 When Driver Unable To Report" -\& -.IP " 1." 4 -An accident report is not required under this chapter from any person -who is physically incapable of making report during the period of such -incapacity. -.IP " 2." 4 -Whenever the driver of a vehicle is physically incapable of giving an -immediate notice of an accident as required in section 15-1406 and there -was another occupant in the vehicle at the time of the accident capable -of doing so, such occupant shall make or cause to be given the notice -not given by the driver. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 10-111. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-15_MOTORCYCLES" -A "\c" \ - -- "CHAPTER 15-15 MOTORCYCLES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1501_Operation_Of_Motorcycle" -A "\c" \ - -- "Sec 15-1501 Operation Of Motorcycle" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1502_Equipment_Required" -A "\c" \ - -- "Sec 15-1502 Equipment Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1503_Headgear_Required" -A "\c" \ - -- "Sec 15-1503 Headgear Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1504_License_Required" -A "\c" \ - -- "Sec 15-1504 License Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1505_Minibikes,_Dirt_Bikes,_Trail_Bikes_Restricted_On_Operations" -A "\c" \ - -- "Sec 15-1505 Minibikes, Dirt Bikes, Trail Bikes Restricted On Operations" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1501_Operation_Of_Motorcycle" -A "\c" \ - -- "Sec 15-1501 Operation Of Motorcycle" -\& -.IP " 1." 4 -No person shall operate a motorcycle or motor-driven cycle, including a -motor scooter or motor-driven bicycle, on a street in the city during a -time when state law prohibits the operation of such vehicle. -.IP " 2." 4 -No driver of a three-wheel motor vehicle or motor driven bicycle shall -carry any other person on, upon or within such vehicle on any street in -the city, except as hereinafter provided. -If any two-or three-wheel motor vehicle with a wheel diameter of 12 -inches or greater or any bicycle shall have either a double seating -device with double foot rests or a side car attachment providing a -separate seat space within such side car attachment for each person -riding therein so that such person shall be seated entirely within the -body of the side car, it shall be permissible for an operator who has -attained the age of 16 or older to carry a passenger. -A demonstration ride by a licensed dealer or his employee is excepted -from the provisions hereof. -.IP " 3." 4 -No motorcycle or motor scooter shall be ridden upon any sidewalk. -.IP " 4." 4 -Handlebars on motorcycles and motor scooters shall not exceed 12 inches -in height, measured from the crown or point of attachment. -.IP " 5." 4 -No rider of a motorcycle or motor scooter shall hold to any moving -vehicle for the purpose of being propelled. -.IP " 6." 4 -No driver of a motorcycle, motor scooter or bicycle shall pass other -vehicles between lanes of traffic traveling in the same direction, -authorized emergency vehicles excepted. -.IP " 7." 4 -No person shall operate any motorcycle or any motor scooter at a speed -greater than the speed limit legally posted. -In no event nor at any time may an operator under the age of 16 years -operate a motorcycle or motor scooter at a speed greater than 35 miles -per hour. -.IP " 8." 4 -A person operating a motorcycle or motor-driven cycle shall ride only on -the permanent and regular seat attached thereto. -.LP -\f[B]State Law reference\f[R]\[em] Restriction on transporting others by -motorcycles, motorized scooters, etc., 47 O.S. -§ 11-1103; speed limitation on motorcycles, motorized scooters, etc., 47 -O.S. -§ 11-805. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1502_Equipment_Required" -A "\c" \ - -- "Sec 15-1502 Equipment Required" -\& -.LP -The following equipment shall be required on all motorcycles and all -motor scooters except when attached on actual trail rides conducted -outside of public streets, roads and highways: -.IP " 1." 4 -\f[I]Rear-view mirrors\f[R]. -All vehicles covered under this chapter shall be equipped with two -mirrors, containing a reflection surface of not less than three inches -in diameter, mounted one on each side of the vehicle and positioned so -as to enable the operator to clearly view the roadway for a distance of -200 feet to the rear of his vehicle; -.IP " 2." 4 -\f[I]Windshield\f[R]. -All vehicles covered under this section shall be equipped with a -windshield of sufficient quality, size and thickness to protect the -operator from foreign objects, except that in lieu of such windshield -the operator shall wear goggles or face shield of material and design to -protect him from foreign objects; -.IP " 3." 4 -\f[I]Brakes\f[R]. -All vehicles covered under this chapter shall be equipped with brakes -adequate to control the movement of same to stop and hold such vehicles, -including two separate means of applying the brakes, one of which is -effective to apply the brakes to the front wheel and one of which is -effective to apply the brakes to the rear wheels. -All such vehicles shall be equipped with a stop lamp on the rear of the -vehicle which shall display a red or amber light, or any shade of color -between red and amber, visible from a distance of not less than 100 feet -to the rear in normal sunlight, and which shall be actuated upon -application of the service brake; -.IP " 4." 4 -\f[I]Speedometer\f[R]. -All vehicles covered under this chapter shall be equipped with a -properly operating speedometer capable of registering at least the -maximum legal speed limit for the vehicle; -.IP " 5." 4 -\f[I]Fender\f[R]. -All vehicles covered under this chapter shall be equipped with a fender -over each wheel. -All fenders shall be of the type provided by the manufacturer; -.IP " 6." 4 -\f[I]Lights\f[R]. -All vehicles covered under this chapter shall carry at least one lighted -head lamp capable of showing a white light visible at least 300 feet in -the direction in which the same are proceeding, and one tail lamp -mounted in the rear which, when lighted, shall omit a red light plainly -visible from at least 300 feet to the rear; and such lights required by -this chapter shall be burning whenever such vehicles are in motion -during the period from one-half hour after sunset and one-half hour -before sunrise and at any other time when, due to insufficient light or -unfavorable atmospheric conditions, persons and vehicles on the streets -are not clearly discernible at a distance of at least 500 feet ahead; -.IP " 7." 4 -\f[I]Red reflectors\f[R]. -All vehicles covered under this chapter shall carry on the rear thereof, -either as a part of the tail light or separately, at least one red -reflector which shall be of such size and characteristics as to be -visible at night from all distances within 350 feet to 100 feet from the -vehicle when directly in front of lawful upper beams of headlights on -motor vehicles; -.IP " 8." 4 -\f[I]Muffler\f[R]. -No person shall operate a vehicle covered under this section with an -exhaust system modified so that motor noise is increased greater than -that of the original muffler equipment provided by the manufacturer of -the vehicle. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 12-601 et seq. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1503_Headgear_Required" -A "\c" \ - -- "Sec 15-1503 Headgear Required" -\& -.LP -No person under 18 years of age shall operate or ride upon any -motorcycle unless such person is properly wearing a crash helmet of a -type which complies with standards established by 49 CFR 571.218. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 12-609(B). -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1504_License_Required" -A "\c" \ - -- "Sec 15-1504 License Required" -\& -.LP -All operators of motorcycle or motor-driven cycle shall have a current, -valid license issued by the state and conform to any specific -restriction contained thereon. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1505_Minibikes,_Dirt_Bikes,_Trail_Bikes_Restricted_On_Operations" -A "\c" \ - -- "Sec 15-1505 Minibikes, Dirt Bikes, Trail Bikes Restricted On Operations" -\& -.LP -It is unlawful for any person to operate within the city limits a -minibike, trail bike or dirt bike within 300 feet of a residential -dwelling. -However, minibikes used by regularly organized units of any Shrine -Temple shall be exempt from the provisions of this section while being -used in any parade or other function of such body. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-16_BICYCLES" -A "\c" \ - -- "CHAPTER 15-16 BICYCLES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1601_Effects_Of_Regulations,_Parent's_Duty" -A "\c" \ - -- "Sec 15-1601 Effects Of Regulations, Parent\[aq]s Duty" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1602_Applicability_Of_Traffic_Laws" -A "\c" \ - -- "Sec 15-1602 Applicability Of Traffic Laws" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1603_Obedience_To_Traffic-Control_Devices" -A "\c" \ - -- "Sec 15-1603 Obedience To Traffic-Control Devices" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1604_Manner_Of_Riding_Bicycle" -A "\c" \ - -- "Sec 15-1604 Manner Of Riding Bicycle" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1605_Riding_On_Roads_And_Bicycle_Paths" -A "\c" \ - -- "Sec 15-1605 Riding On Roads And Bicycle Paths" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1606_Speed_Restrictions" -A "\c" \ - -- "Sec 15-1606 Speed Restrictions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1607_Carrying_Articles" -A "\c" \ - -- "Sec 15-1607 Carrying Articles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1608_Parking" -A "\c" \ - -- "Sec 15-1608 Parking" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1609_Riding_On_Sidewalk_Prohibited" -A "\c" \ - -- "Sec 15-1609 Riding On Sidewalk Prohibited" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1610_Lights_And_Brakes" -A "\c" \ - -- "Sec 15-1610 Lights And Brakes" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1611_Rider_Not_To_Cling_To_Other_Vehicle" -A "\c" \ - -- "Sec 15-1611 Rider Not To Cling To Other Vehicle" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1612_Emerging_From_Alley,_Driveway_Or_Building" -A "\c" \ - -- "Sec 15-1612 Emerging From Alley, Driveway Or Building" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1613_Dealers_To_Report" -A "\c" \ - -- "Sec 15-1613 Dealers To Report" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1614_Penalty" -A "\c" \ - -- "Sec 15-1614 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1601_Effects_Of_Regulations,_Parent's_Duty" -A "\c" \ - -- "Sec 15-1601 Effects Of Regulations, Parent\[aq]s Duty" -\& -.IP " 1." 4 -The parent of any child and the guardian of any ward shall not authorize -or knowingly permit any child or ward to violate any of the provisions -of this chapter. -.IP " 2." 4 -These regulations applicable to bicycles shall apply whenever a bicycle -is operated upon any highway or upon any path set aside for the -exclusive use of bicycles, subject to the exceptions stated herein. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1201. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1602_Applicability_Of_Traffic_Laws" -A "\c" \ - -- "Sec 15-1602 Applicability Of Traffic Laws" -\& -.LP -Every person riding a bicycle upon a roadway shall be granted all of the -rights and shall be subject to all of the duties applicable to the -driver of a vehicle by the laws of the state declaring rules and or road -applicable to the driver of a vehicle, except as to special regulations -in this chapter and except as to those provisions of laws and ordinances -which by their nature can have no application. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1202. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1603_Obedience_To_Traffic-Control_Devices" -A "\c" \ - -- "Sec 15-1603 Obedience To Traffic-Control Devices" -\& -.IP " 1." 4 -Any person operating a bicycle shall obey the instructions of official -traffic-control signals, signs and other control devices applicable to -vehicles, unless otherwise directed by a police officer,or permitted -under this section. -.IP " 2." 4 -A person operating a bicycle approaching a stop sign shall: -.RS 4 -.IP " 1." 4 -Slow down, -.IP " 2." 4 -If required to avoid an immediate hazard, stop at the stop sign before -entering the intersection, -.IP " 3." 4 -Cautiously enter the intersection and yield the right-of-way to -pedestrians lawfully within an adjacent crosswalk and to other traffic -lawfully using the intersection, -.IP " 4." 4 -If the person operating a bicycle determines there is no immediate -hazard, he or she may cautiously make a right or left turn, or proceed -through the intersection without stopping at the stop sign. -.RE -.IP " 3." 4 -A person operating a bicycle approaching a steady red traffic-control -signal shall: -.RS 4 -.IP " 1." 4 -Make a complete stop at the steady red traffic-control signal before -entering the intersection, and -.IP " 2." 4 -Yield the right of way to all oncoming traffic that constitutes an -immediate hazard during the time that he or she is moving across or -within the intersection. -.IP " 3." 4 -If a person operating a bicycle determines there is no immediate hazard, -he or she may proceed through the steady red traffic-control signal with -caution. -.IP " 4." 4 -A person operating a bicycle may make a right-hand turn at a steady red -traffic-control signal without stopping after slowing to a reasonable -speed and yielding the right-of-way, if required, to oncoming traffic -that constitutes an immediate hazard, or -.IP " 5." 4 -Left-hand turn onto a one-way street at a steady red traffic-control -signal after stopping and yielding to oncoming traffic that constitutes -an immediate hazard. -.RE -.IP " 4." 4 -Whenever authorized signs are erected indicating that no right turn, -left turn or U-turn is permitted, no person operating a bicycle shall -disobey the direction of any such sign except where such person -dismounts from the bicycle to make such turn, in which event such person -shall then obey the regulations applicable to pedestrians. -.br -.LP -.br -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_988.21.pdf" -A "\c" \ - -- "988(21)" -\& on 10/4/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1604_Manner_Of_Riding_Bicycle" -A "\c" \ - -- "Sec 15-1604 Manner Of Riding Bicycle" -\& -.IP " 1." 4 -A person propelling a bicycle shall not ride other than astride a -permanent and regular seat attached thereto. -.IP " 2." 4 -No bicycle shall be used to carry more persons at one time than the -number for which it is designed and equipped. -.IP " 3." 4 -A person shall ride a bicycle only in the manner in which it is designed -and equipped to carry the person. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1203. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1605_Riding_On_Roads_And_Bicycle_Paths" -A "\c" \ - -- "Sec 15-1605 Riding On Roads And Bicycle Paths" -\& -.IP " 1." 4 -Every person operating a bicycle or motorized scooter upon a roadway at -less than the normal speed of traffic at the time and place and under -the conditions then existing shall ride as close as is safe to the -right-hand curb or edge of the roadway, except under any of the -following situations: -.RS 4 -.IP " 1." 4 -When overtaking and passing another vehicle proceeding in the same -direction; -.IP " 2." 4 -When preparing for a left turn at an intersection or into a private road -or driveway; -.IP " 3." 4 -When reasonably necessary to avoid conditions and while exercising due -care, including, but not limited to: -.RS 4 -.IP " 1." 4 -Fixed or moving objects; -.IP " 2." 4 -Parked or moving vehicles; -.IP " 3." 4 -Pedestrians or animals; -.IP " 4." 4 -Surface hazards; or -.IP " 5." 4 -Any time it is unsafe to continue along the right-hand curb or edge of -the roadway; and -.RE -.IP " 4." 4 -When riding in the right-turn-only lane. -.RE -.IP " 2." 4 -Any person riding a bicycle or motorized scooter upon a one-way street -or highway with two or more marked lanes of travel may ride as close as -is safe to the left-hand curb or edge of the street or highway. -.IP " 3." 4 -No person operating a bicycle or motorized scooter shall pass other -vehicles between lanes of traffic traveling in the same direction. -.IP " 4." 4 -Persons riding bicycles or motorized scooters upon a roadway shall not -ride more than two abreast except on paths or parts of roadways set -aside for the exclusive use of bicycles or motorized scooters. -Persons riding two abreast shall not impede the normal and reasonable -flow of traffic and, on a laned roadway, shall ride within a single -lane. -.IP " 5." 4 -Wherever a usable path for bicycles has been provided adjacent to a -roadway, bicycle riders shall use such path and shall not use the -roadway. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1205. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1606_Speed_Restrictions" -A "\c" \ - -- "Sec 15-1606 Speed Restrictions" -\& -.LP -No person shall operate a bicycle at a speed greater than is reasonable -and prudent under the conditions then existing. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1607_Carrying_Articles" -A "\c" \ - -- "Sec 15-1607 Carrying Articles" -\& -.LP -No person operating a bicycle shall carry any package, bundle or article -which prevents the rider from keeping at least one hand upon the -handlebars. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1608_Parking" -A "\c" \ - -- "Sec 15-1608 Parking" -\& -.LP -No person shall park a bicycle upon a street other than upon the roadway -against the curb or upon the sidewalk in a rack to support the bicycle -or against a building or at the curb, in such manner as to afford the -least obstruction to pedestrian traffic. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1609_Riding_On_Sidewalk_Prohibited" -A "\c" \ - -- "Sec 15-1609 Riding On Sidewalk Prohibited" -\& -.IP " 1." 4 -No person shall ride a bicycle upon a sidewalk in the business district. -.IP " 2." 4 -Whenever a person is riding a bicycle upon a sidewalk, such person shall -yield the right-of-way to any pedestrian and shall give audible signal -before overtaking and passing the pedestrian. -.IP " 3." 4 -The city manager may erect signs on any sidewalk or roadway prohibiting -the riding of bicycles thereon. -When such signs are in place, no person shall disobey them. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1610_Lights_And_Brakes" -A "\c" \ - -- "Sec 15-1610 Lights And Brakes" -\& -.IP " 1." 4 -Every bicycle in use at the times described in 47 O.S. -§ 12-201(B) shall be equipped with a lamp on the front emitting a white -light visible from a distance of at least 1,000 feet to the front. -This subsection shall not apply to a street or highway with a speed -limit of 25 miles per hour or less. -.IP " 2." 4 -Every bicycle in use at the times described in 47 O.S. -§ 12-201(B) shall be equipped with a lamp on the rear emitting a red -light visible from a distance of at least 1,000 feet to the rear. -This subsection shall not apply to a street or highway with a speed -limit of 25 miles per hour or less. -.IP " 3." 4 -Every bicycle shall be equipped with a red reflector which shall be -visible for 600 feet to the rear when directly in front of lawful lower -beams of headlamps on a motor vehicle. -.IP " 4." 4 -Every bicycle when in use at the times described in 47 O.S. -§ 12-201(B) shall be equipped with reflective material of sufficient -size and reflectivity to be visible from both sides for 600 feet when -directly in front of lawful lower beams of headlamps on a motor vehicle. -.IP " 5." 4 -A bicycle or its rider may be equipped with lights or reflectors in -addition to those required by the foregoing sections, provided such -lights or reflectors shall comply with the provisions and limitations of -47 O.S. -ch. -12, art. -II (47 O.S. -§ 12-201 et seq.). -.IP " 6." 4 -Every bicycle shall be equipped with a brakes which will enable its -driver to stop the bicycle within 25 feet from a speed of ten miles per -hour on dry, level, clean pavement. -.IP " 7." 4 -A bicycle shall not be equipped with, nor shall any person use upon a -bicycle, any siren. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§§ 12-702\[em]12-709. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1611_Rider_Not_To_Cling_To_Other_Vehicle" -A "\c" \ - -- "Sec 15-1611 Rider Not To Cling To Other Vehicle" -\& -.LP -No person riding upon any bicycle shall attach the same or himself to -any vehicle upon a roadway. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-1204. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1612_Emerging_From_Alley,_Driveway_Or_Building" -A "\c" \ - -- "Sec 15-1612 Emerging From Alley, Driveway Or Building" -\& -.LP -The operator of a bicycle emerging from an alley, driveway or building -shall, upon approaching a sidewalk or the sidewalk area extending across -any alleyway, yield the right-of-way to all pedestrians approaching on -the sidewalk or sidewalk area, and upon entering the roadway shall yield -the right-of-way to all vehicles approaching on the roadway. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1613_Dealers_To_Report" -A "\c" \ - -- "Sec 15-1613 Dealers To Report" -\& -.LP -Every person engaged in the business of buying or selling new or used -bicycles shall make a report to the police department of every bicycle -purchased or sold by such dealer, giving the name and address of the -person from whom purchased or to whom sold, the name or make, the frame -number thereof and the number of the license plate thereon, if any. -Dealers buying a bicycle shall not be required to secure a license -therefor, but may leave any existing license plate, if any, thereon -until the bicycle is sold. -A person purchasing a bicycle from a dealer for use shall secure a -license as provided in this chapter. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1614_Penalty" -A "\c" \ - -- "Sec 15-1614 Penalty" -\& -.LP -Every person convicted of a violation of any provision of this chapter -shall be punished as provided in section 1-108. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-17_PEDESTRIANS" -A "\c" \ - -- "CHAPTER 15-17 PEDESTRIANS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1701_Subject_To_Traffic-Control_Signals" -A "\c" \ - -- "Sec 15-1701 Subject To Traffic-Control Signals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1702_Rights_And_Duties_Of_Persons_Operating_Wheelchair_Or_Motorized_Wheelchair" -A "\c" \ - -- "Sec 15-1702 Rights And Duties Of Persons Operating Wheelchair Or Motorized Wheelchair" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1703_Right-Of-Way_At_Crosswalks" -A "\c" \ - -- "Sec 15-1703 Right-Of-Way At Crosswalks" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1704_Pedestrians_To_Use_Right_Half_Of_Crosswalk" -A "\c" \ - -- "Sec 15-1704 Pedestrians To Use Right Half Of Crosswalk" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1705_Crossing_At_Right_Angles" -A "\c" \ - -- "Sec 15-1705 Crossing At Right Angles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1706_When_Pedestrians_Shall_Yield" -A "\c" \ - -- "Sec 15-1706 When Pedestrians Shall Yield" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1707_Prohibited_Crossing" -A "\c" \ - -- "Sec 15-1707 Prohibited Crossing" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1708_Obedience_To_Railroad_Signals" -A "\c" \ - -- "Sec 15-1708 Obedience To Railroad Signals" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1709_Walking_Along_Roadway" -A "\c" \ - -- "Sec 15-1709 Walking Along Roadway" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1710_Hitchhiking;_Soliciting_Business" -A "\c" \ - -- "Sec 15-1710 Hitchhiking; Soliciting Business" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1711_Drivers_To_Exercise_Care" -A "\c" \ - -- "Sec 15-1711 Drivers To Exercise Care" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1712_Use_Of_White_Cane;_Special_Provisions_For_Blind_Pedestrians" -A "\c" \ - -- "Sec 15-1712 Use Of White Cane; Special Provisions For Blind Pedestrians" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1701_Subject_To_Traffic-Control_Signals" -A "\c" \ - -- "Sec 15-1701 Subject To Traffic-Control Signals" -\& -.LP -Pedestrians shall be subject to traffic-control signals as declared in -this part. -At all other places, pedestrians shall be granted those rights and be -subject to the restrictions stated in this chapter. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-501. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1702_Rights_And_Duties_Of_Persons_Operating_Wheelchair_Or_Motorized_Wheelchair" -A "\c" \ - -- "Sec 15-1702 Rights And Duties Of Persons Operating Wheelchair Or Motorized Wheelchair" -\& -.LP -Every person operating a wheelchair or a motorized wheelchair shall have -all of the rights and all of the duties applicable to a pedestrian -contained in this chapter except those provisions which by their nature -can have no application. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-501.1. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1703_Right-Of-Way_At_Crosswalks" -A "\c" \ - -- "Sec 15-1703 Right-Of-Way At Crosswalks" -\& -.IP " 1." 4 -When traffic-control signals are not in place or not in operation, the -driver of a vehicle shall yield the right-of-way, slowing down or -stopping if need be to so yield, to a pedestrian crossing the roadway -within a crosswalk when the pedestrian is upon the half of the roadway -upon which the vehicle is traveling, or when the pedestrian is -approaching so closely from the opposite half of the roadway as to be in -danger. -.IP " 2." 4 -No pedestrian shall suddenly leave a curb or other place of safety and -walk or run into the path of a vehicle which is so close that it is -impossible for the driver to yield. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-502. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1704_Pedestrians_To_Use_Right_Half_Of_Crosswalk" -A "\c" \ - -- "Sec 15-1704 Pedestrians To Use Right Half Of Crosswalk" -\& -.LP -Pedestrians shall move, whenever practicable, upon the right half of -crosswalks. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-505. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1705_Crossing_At_Right_Angles" -A "\c" \ - -- "Sec 15-1705 Crossing At Right Angles" -\& -.LP -No pedestrian shall cross a roadway at any place other than by route at -right angles to the curb or by the shortest route to the opposite curb -except in a crosswalk. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1706_When_Pedestrians_Shall_Yield" -A "\c" \ - -- "Sec 15-1706 When Pedestrians Shall Yield" -\& -.IP " 1." 4 -Every pedestrian crossing a roadway at any point other than within a -marked crosswalk or within an intersection shall yield the right-of-way -to all vehicles upon the roadway. -.IP " 2." 4 -Any pedestrian crossing a roadway at a point where a pedestrian tunnel -or overhead pedestrian crossing has been provided shall yield the -right-of-way to all vehicles upon the roadway. -.IP " 3." 4 -This section shall not apply under the conditions stated in section -15-1707 when pedestrians are prohibited from crossing at certain -designated places. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-503. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1707_Prohibited_Crossing" -A "\c" \ - -- "Sec 15-1707 Prohibited Crossing" -\& -.LP -Between adjacent intersections at which traffic-control signals are in -operation, pedestrians shall not cross at any place except in a -crosswalk. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1708_Obedience_To_Railroad_Signals" -A "\c" \ - -- "Sec 15-1708 Obedience To Railroad Signals" -\& -.LP -No pedestrian shall pass through, around, over or under any crossing -gate or barrier at a railroad grade crossing while such gate or barrier -is closed or is being opened or closed. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1709_Walking_Along_Roadway" -A "\c" \ - -- "Sec 15-1709 Walking Along Roadway" -\& -.IP " 1." 4 -Where sidewalks are provided, no pedestrian shall walk along and upon an -adjacent roadway. -.IP " 2." 4 -Where sidewalks are not provided, any pedestrian walking along and upon -a highway shall, when practicable, walk only on the left side of the -roadway or its shoulder facing traffic which may approach from the -opposite direction and shall yield to approaching vehicles. -.IP " 3." 4 -It shall be unlawful for any person to enter upon any portion of a -bridge for the purpose of diving or jumping therefrom into a lake, river -or stream for recreation, and it shall be unlawful for a pedestrian to -use a bridge where sidewalks are not provided for the purpose of -standing or sightseeing. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-506. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1710_Hitchhiking;_Soliciting_Business" -A "\c" \ - -- "Sec 15-1710 Hitchhiking; Soliciting Business" -\& -.IP " 1." 4 -No person shall stand in a roadway for the purpose of soliciting a ride, -donation, employment or business from the occupant of any vehicle. -.IP " 2." 4 -No person shall stand on or in proximity to a street or highway for the -purpose of soliciting the watching or guarding of any vehicle while -parked or about to be parked on a street or highway. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-507. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1711_Drivers_To_Exercise_Care" -A "\c" \ - -- "Sec 15-1711 Drivers To Exercise Care" -\& -.LP -Notwithstanding the provisions of this chapter, every driver of a -vehicle shall exercise due care to avoid colliding with any pedestrian -upon any roadway, shall give warning by sounding the horn when necessary -and shall exercise proper precaution upon observing any child or any -confused or incapacitated person upon a roadway. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-504. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1712_Use_Of_White_Cane;_Special_Provisions_For_Blind_Pedestrians" -A "\c" \ - -- "Sec 15-1712 Use Of White Cane; Special Provisions For Blind Pedestrians" -\& -.IP " 1." 4 -It is unlawful for any person not wholly or partially blind to carry or -use upon the streets, highways or public places of the city any cane or -walking stick which is white in color or red tipped. -.IP " 2." 4 -Any driver of a vehicle who knowingly approaches within 15 feet of a -person who is in the roadway or at an intersection and who is wholly or -partially blind and who is carrying a cane or walking stick white in -color, or white tipped with red, or who is using a dog guide wearing a -specialized harness, or who is wholly or partially deaf and is using a -signal dog wearing an orange identifying collar, or who is physically -handicapped and is using a service dog, shall immediately come to a full -stop and take such precautions before proceeding as may be necessary to -avoid accident or injury to the person wholly or partially blind, deaf -or physically handicapped. -For purposes of this subsection, a dog guide means any dog that is -specially trained to guide a blind person. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 7 O.S. -§§ 11, 12. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-18_ENFORCEMENT" -A "\c" \ - -- "CHAPTER 15-18 ENFORCEMENT" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1801_Authority_Of_Police_And_Fire_Officials" -A "\c" \ - -- "Sec 15-1801 Authority Of Police And Fire Officials" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1802_Authority_To_Direct_Traffic" -A "\c" \ - -- "Sec 15-1802 Authority To Direct Traffic" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1803_Emergency_And_Experimental_Regulations" -A "\c" \ - -- "Sec 15-1803 Emergency And Experimental Regulations" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1804_Obedience_To_Police_And_Fire_Officials_Required" -A "\c" \ - -- "Sec 15-1804 Obedience To Police And Fire Officials Required" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1805_Applicability_To_Public_Employees" -A "\c" \ - -- "Sec 15-1805 Applicability To Public Employees" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1806_Authorized_Emergency_Vehicles" -A "\c" \ - -- "Sec 15-1806 Authorized Emergency Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1807_Persons_Working_On_Streets_Exempted" -A "\c" \ - -- "Sec 15-1807 Persons Working On Streets Exempted" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1808_Closing_Streets_For_Repairs,_Barricades_Required;_Use_Of_Street_Restricted" -A "\c" \ - -- "Sec 15-1808 Closing Streets For Repairs, Barricades Required; Use Of Street Restricted" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1809_Riding_Animals_And_Animal-Drawn_Vehicles" -A "\c" \ - -- "Sec 15-1809 Riding Animals And Animal-Drawn Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1810_Notification_Of_Runs_By_Emergency_Vehicles" -A "\c" \ - -- "Sec 15-1810 Notification Of Runs By Emergency Vehicles" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1801_Authority_Of_Police_And_Fire_Officials" -A "\c" \ - -- "Sec 15-1801 Authority Of Police And Fire Officials" -\& -.IP " 1." 4 -It is the duty of all police officers of the police department to -enforce the street traffic regulations of the city and the state, to -make arrests for the traffic violations, and to investigate accidents. -.IP " 2." 4 -Officers of the police department or such officers as are assigned by -the chief of police are authorized to direct all traffic by voice, hand, -mechanical signals or signs in conformance with the provisions of this -chapter. -In the event of a fire or other emergency as herein defined, or other -unusual traffic conditions, to expedite traffic or safeguard -pedestrians, officers of the police department or fire department may -direct and take control of traffic as conditions may require, and as -near as practicable, follow the general provisions of this chapter. -.IP " 3." 4 -Officers of the fire department, when at the scene of a fire or other -emergency, may direct or assist the police in directing traffic thereat -or in the immediate vicinity. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1802_Authority_To_Direct_Traffic" -A "\c" \ - -- "Sec 15-1802 Authority To Direct Traffic" -\& -.LP -All traffic in the city shall be controlled by ordinances of the city -and the laws of the state relating thereto. -No person shall direct or attempt to direct traffic except police -officers and other officers authorized by the city. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1803_Emergency_And_Experimental_Regulations" -A "\c" \ - -- "Sec 15-1803 Emergency And Experimental Regulations" -\& -.IP " 1." 4 -The city manager is empowered to make effective the provisions of the -traffic ordinances of the city and to make temporary or experimental -regulations to cover emergencies or special conditions. -No such temporary or experimental regulation shall remain in effect for -more than 90 days. -.IP " 2." 4 -The city may have traffic-control devices tested under actual conditions -of traffic. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1804_Obedience_To_Police_And_Fire_Officials_Required" -A "\c" \ - -- "Sec 15-1804 Obedience To Police And Fire Officials Required" -\& -.LP -No person shall willfully fail or refuse to comply with any lawful order -or direction of a police officer or fire department official. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-103. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1805_Applicability_To_Public_Employees" -A "\c" \ - -- "Sec 15-1805 Applicability To Public Employees" -\& -.IP " 1." 4 -This chapter shall apply to the driver of any vehicle owned by or used -in the service of the United States government, any state, county, city -or other governmental unit or agency, as well as to other vehicles. -No such driver shall violate any of the provisions of this chapter, -except as otherwise permitted in this chapter or by state statute. -.IP " 2." 4 -This chapter shall not apply to the military forces organizations of the -United States and of the National Guard when performing any military -duty. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1806_Authorized_Emergency_Vehicles" -A "\c" \ - -- "Sec 15-1806 Authorized Emergency Vehicles" -\& -.IP " 1." 4 -The driver of an authorized emergency vehicle, when responding to an -emergency call or when in the pursuit of an actual or suspected violator -of the law or when responding to but not upon returning from a fire -alarm, may exercise the privilege set forth in this section, but subject -to the conditions herein stated. -.IP " 2." 4 -The driver of an authorized emergency vehicle may: -.RS 4 -.IP " 1." 4 -Park, or stand, irrespective of the provisions of this part; -.IP " 2." 4 -Proceed past a red or stop signal or stop sign, but only after slowing -down as may be necessary for safe operation; -.IP " 3." 4 -Exceed the maximum speed limits so long as speeding does not endanger -life or property; -.IP " 4." 4 -Disregard regulations governing direction of movement; and -.IP " 5." 4 -Disregard regulations governing turning in specified directions. -.RE -.IP " 3." 4 -The exemptions herein granted to the driver of an authorized emergency -vehicle shall apply only when the driver is properly and lawfully making -use of an audible signal or of flashing red or blue lights or a -combination of flashing red and blue lights meeting the requirements of -47 O.S. -§ 12-218, except that an authorized emergency vehicle operated as a -police vehicle need not be equipped with or display a red or blue light -visible from in front of the vehicle. -This subsection shall not be construed as requiring a peace officer -operating a police vehicle properly and lawfully in response to a crime -in progress to use audible signals. -.IP " 4." 4 -The exemptions in subsection (B)(3) and (5) of this section shall be -granted to a law enforcement officer operating an authorized emergency -vehicle for law enforcement purposes without using audible and visual -signals required by this section as long as the action does not endanger -life or property if the officer is following a suspected violator of the -law with probable cause to believe that: -.RS 4 -.IP " 1." 4 -Knowledge of the presence of the officer will cause the suspect to: -.RS 4 -.IP " 1." 4 -Destroy or lose evidence of a suspected felony; -.IP " 2." 4 -End a suspected continuing felony before the officer has obtained -sufficient evidence to establish grounds for arrest; or -.IP " 3." 4 -Evade apprehension or identification of the suspect or the vehicle of -the suspect; or -.RE -.IP " 2." 4 -Because of traffic conditions, vehicles moving in response to the -audible or visual signals may increase the potential for a collision. -The exceptions granted in this subsection shall not apply to an officer -who is in actual pursuit of a person who is eluding or attempting to -elude the officer in violation of 21 O.S. -§ 540A. -.RE -.IP " 5." 4 -The provisions of this section shall not relieve the driver of an -authorized emergency vehicle from the duty to drive with due regard for -the safety of all persons, nor shall such provisions protect the driver -from the consequences of reckless disregard for the safety of others. -.LP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-106. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1807_Persons_Working_On_Streets_Exempted" -A "\c" \ - -- "Sec 15-1807 Persons Working On Streets Exempted" -\& -.LP -Unless specifically made applicable, the provisions of this chapter -shall not apply to persons, teams, motor vehicles and other equipment -while actually engaged in work upon the surface of a street, or to -persons, motor vehicles and other equipment while actually engaged in -construction, maintenance or repair of public utilities. -All highway and public utility operations shall be protected by adequate -warning signs, signals, devices or flagmen. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-105. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1808_Closing_Streets_For_Repairs,_Barricades_Required;_Use_Of_Street_Restricted" -A "\c" \ - -- "Sec 15-1808 Closing Streets For Repairs, Barricades Required; Use Of Street Restricted" -\& -.IP " 1." 4 -City personnel or contractors, while repairing or improving or repairing -lines or other utility facilities in the streets, are authorized, as -necessary, subject to control of the chief of the traffic division, to -close any street or section thereof to traffic during such repair, -maintenance or construction. -In exercising such authority, such person shall erect or cause to be -erected proper control devices and barricades to warn and notify the -public that the street has been closed to traffic. -.IP " 2." 4 -When any street has been closed to traffic under the provisions of -subsection (A) of this section, and traffic-control devices or -barricades have been erected, no person shall drive any vehicle through, -under, over or around such traffic-control devices or barricades, or -otherwise enter the closed area. -This subsection shall not apply to persons while engaged in such -construction, maintenance and repair or to persons entering therein for -the protection of lives or property. -Persons having their places of residence or places of business within -the closed area may travel, when possible to do so, through the area at -their own risk. -.IP " 3." 4 -Whenever construction, repair or maintenance of any street or utility -line or facility is being performed under traffic, the city personnel, -contractor, or utility company concerned shall erect or cause to be -erected traffic-control devices to warn and guide the public. -Every person using such street shall obey all signs, signals, markings -flagmen or other traffic-control devices which are placed to regulate, -control and guide traffic through the construction or maintenance area. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1809_Riding_Animals_And_Animal-Drawn_Vehicles" -A "\c" \ - -- "Sec 15-1809 Riding Animals And Animal-Drawn Vehicles" -\& -.LP -Every person propelling any pushcart or riding an animal upon a roadway, -and every person driving any animal-drawn vehicle shall be subject to -the provisions of this chapter applicable to the driver of any vehicle, -except those provisions of this chapter which by their very nature can -have no application. -.PP -\f[B]State Law reference\f[R]\[em] Similar provisions, 47 O.S. -§ 11-104. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1810_Notification_Of_Runs_By_Emergency_Vehicles" -A "\c" \ - -- "Sec 15-1810 Notification Of Runs By Emergency Vehicles" -\& -.LP -It is unlawful for any person to drive on the streets of the city any -emergency vehicle, including, but not limited to, police patrol cars, -fire trucks, ambulances, sheriff\[aq]s cars, highway patrol cars and -police motorcycles, while sounding a siren, horn, bell or other -noise-making device designed to forewarn the populace of the approach of -such vehicle, without first advising the police department by contacting -the police dispatcher on duty of the intention to make the emergency run -and giving the name of the person making the run, the destination, the -route which is intended to be traveled and the nature of the emergency. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-19_IMPOUNDMENT_OF_VEHICLES" -A "\c" \ - -- "CHAPTER 15-19 IMPOUNDMENT OF VEHICLES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1901_Authority_To_Impound_Vehicles;_Release_Of_Vehicles" -A "\c" \ - -- "Sec 15-1901 Authority To Impound Vehicles; Release Of Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1902_Abandoning_Vehicles" -A "\c" \ - -- "Sec 15-1902 Abandoning Vehicles" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1901_Authority_To_Impound_Vehicles;_Release_Of_Vehicles" -A "\c" \ - -- "Sec 15-1901 Authority To Impound Vehicles; Release Of Vehicles" -\& -.IP " 1." 4 -Members of the police department are authorized to remove a vehicle from -a street to a garage or other place of safety under any of the following -circumstances: -.RS 4 -.IP " 1." 5 -When an officer arrests any person driving or in control of a vehicle -for an alleged offense and the officer is, by ordinance, state statute -or departmental policy, required or permitted to take and does take the -person arrested either before a duly appointed judge or to a place of -incarceration; -.IP " 2." 5 -When such a vehicle is left unattended upon any bridge, viaduct, -causeway, tube or tunnel, highway or any public thoroughfare or street, -and it constitutes a hazard or obstruction to traffic; -.IP " 3." 5 -When a vehicle is left unattended or disabled as to constitute an -obstruction to traffic and the person in charge of such vehicle is, by -reason of physical injury or otherwise, incapacitated to such an extent -as to be unable to provide for its custody or removal; -.IP " 4." 5 -When any vehicle is left unattended upon a street and is so parked -illegally as to constitute a definite hazard or obstruction to the -normal movement of traffic; -.IP " 5." 5 -When any vehicle has been parked for more than one hour in excess of the -time allowed for parking in any place; -.IP " 6." 5 -When any vehicle which has been involved in two or more violations of -this part for which citation tags have been issued and not presented as -required, is parked in violation of any provisions of this chapter; -.IP " 7." 5 -When any vehicle is found where a report or complaint has previously -been made alleging that the vehicle has been stolen; -.IP " 8." 5 -When the vehicle is parked in a marked handicapped parking space and the -vehicle displays no handicapped parking decal or tag displayed as -provided by law; -.IP " 9." 5 -When the vehicle is parked in any parking area marked by a sign or -otherwise as a \[dq]Tow-Away\[dq] zone; -.IP " 10." 5 -When at the request of a private property owner or the agent thereof; -.IP " 11." 5 -When a vehicle is found to be in violation of the Oklahoma Vehicle -License and Registration Act, as set forth in 47 O.S. -§ 1115.1. -.IP " 12." 5 -When the officer has probable cause to believe that the vehicle is not -insured as required by the Compulsory Insurance Law of the state as -documented by one of the following: -.RS 5 -.IP " 1." 4 -An admission by the driver or other occupant of the vehicle; or -.IP " 2." 4 -Confirmation through the Oklahoma Insurance Department\[aq]s online -verification system for motor vehicle liability policies indicating the -vehicle is not insured; -.RE -.IP " 13." 5 -When the officer has probable cause that the person operating the -vehicle has not been granted driving privileges or that the driving -privileges of the person are currently suspended, revoked, canceled, -denied, or disqualified; -.IP " 14." 5 -When at the scene of an accident, the owner or driver is not in a -position to take charge of the vehicle and direct or request its proper -removal; -.IP " 15." 5 -When a red sticker has been affixed to a vehicle warning the vehicle -will be impounded after 48 hours if not removed. -.RE -.IP " 2." 4 -A vehicle impounded under subsection (A) of this section shall be -released to the owner of the vehicle, or other person lawfully entitled -to take possession of the vehicle, or any other person lawfully entitled -to take possession of the vehicle, provided that such return or delivery -of same shall be made only after presenting such proof of interest upon -the following conditions when no longer needed for investigation by the -police department subject to the following: -.RS 4 -.IP " 1." 4 -If the person seeking the release has a valid title or the vehicle is -currently registered, which registration can be verified by the state -tax commission or any similar governmental entity that records and -verifies the ownership of vehicles for any other state, and that the -person has a valid driver\[aq]s license or a temporary one issued when -that person surrenders his license or other proper photo identification -and valid insurance as required by the Compulsory Insurance Law of the -state. -.IP " 2." 4 -If the person has a bill of sale from a local automobile dealer, dated -within 30 days of the date of impound, the person has a valid -driver\[aq]s license or other proper photo identification and valid -insurance. -.IP " 3." 4 -If the person has a valid insurance verification form and the vehicle -identification number is on this card, and on the day of the attempted -release the state tax commission verifies that the registered owner is -the person seeking release of the vehicle, and the person has a valid -driver\[aq]s license or other proper photo identification and valid -insurance. -.IP " 4." 4 -If the registered owner is unable to be present, but sends the title or -registration, a notarized statement describing the vehicle and giving -the police department the owner\[aq]s permission to release the vehicle -to the person presenting the title or registration and letter and that -person has proper photo identification and a copy of valid insurance for -the vehicle. -For out of state owners, their local police department may -electronically notify the city police department for verification of -ownership. -The police department shall keep on file the original letter or -notification. -.IP " 5." 4 -The person attempting to obtain the release must sign a hold harmless -agreement releasing the city and wrecker service from any and all -liability in releasing said vehicle. -The police department shall provide the forms. -.RE -.IP " 3." 4 -Whenever any vehicle has been impounded in the manner provided for by -this section, the registered or legal owner of the vehicle may contest -the validity of the removal or storage by filing a written request for a -hearing with the police department. -Such written request must be filed before the vehicle is retrieved from -storage; provided, however, the city shall not be required to provide a -hearing if the request is received more than ten days following actual -or constructive notice to the owner or driver of the vehicle that said -vehicle has been so removed or stored. -Failure of either the registered or legal owner to timely request or to -timely appear upon a scheduled hearing shall satisfy the hearing -requirement of this section. -.LP -(Ord. -No. -211(97), 10-20-1997; Ord. -No. -684(10), 11-15-2010) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347191_Ordinance%20No.%20905%20(19).pdf" -A "\c" \ - -- "905(19)" -\& on 4/15/2019 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1902_Abandoning_Vehicles" -A "\c" \ - -- "Sec 15-1902 Abandoning Vehicles" -\& -.IP " 1." 4 -No person shall abandon a motor vehicle on a street, highway or other -public property. -Any member of the state highway patrol or any qualified sheriff, deputy -sheriff or any member of the police department shall deem a vehicle -abandoned and shall have the authority to remove or direct the removal -of the vehicle when found upon a portion of the street, highway, -shoulder or right-of-way, if after a period of 48 hours there is no -evidence of an apparent owner who intends to remove the vehicle. -.IP " 2." 4 -If such officer has reasonable cause to believe a vehicle has been -abandoned in a location which would be hazardous to the free flow of -traffic or be highly susceptible to damage from vandalism or other harm, -he shall have the authority to remove or direct the removal of the -vehicle immediately. -.IP " 3." 4 -Any officer or agent who has removed or directed the removal of an -abandoned vehicle must promptly request the state tax commission or -other appropriate motor license agent to furnish the name and address of -the owner of and any lienholder on the vehicle and must within 20 days -from receipt of the requested information send a notice to the owner and -any lienholder by regular mail, postage prepaid, at the addresses -furnished by the tax commission or motor license agent, of the -vehicle\[aq]s location. -This subsection shall not be construed to create any civil liability -upon such officer, any agency, department or political subdivision of -the city or employee thereof for failure to provide such notice to the -owner or lienholder. -.IP " 4." 4 -The owner of a motor vehicle abandoned in violation of this Code or the -owner of any vehicle which shall have been lawfully removed from any -highway or other public property, or any lienholder on such vehicle, may -regain possession of the vehicle in accordance with regulations of the -city upon payment of the reasonable cost of removal and storage of such -vehicles. -.IP " 5." 4 -A lienholder as used in this section means those lienholders as shown on -the vehicle title. -.LP -\f[B]State Law reference\f[R]\[em] Abandonment of vehicles, 47 O.S. -§ 901 et seq. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-20_PENALTIES_AND_ARREST_PROCEDURE" -A "\c" \ - -- "CHAPTER 15-20 PENALTIES AND ARREST PROCEDURE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2001_Penalty" -A "\c" \ - -- "Sec 15-2001 Penalty" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2002_Citation_Tags_On_Parked_Vehicles" -A "\c" \ - -- "Sec 15-2002 Citation Tags On Parked Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2003_Presumption_In_Reference_To_Illegal_Parking" -A "\c" \ - -- "Sec 15-2003 Presumption In Reference To Illegal Parking" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2001_Penalty" -A "\c" \ - -- "Sec 15-2001 Penalty" -\& -.IP " 1." 4 -No person shall do any act forbidden or fail to perform any act required -in this part. -.IP " 2." 4 -No parent of a child or the guardian of a ward shall authorize any child -or ward to violate any provisions of this part. -.IP " 3." 4 -No person shall authorize or knowingly permit any vehicle registered in -his name to be driven, or to stand, or to be parked in violation of any -provisions of this part. -.IP " 4." 4 -Any person who violates any provision of this part, or performs any -unlawful act as defined in this part, or fails to perform any act -required in this part is guilty of an offense and, upon conviction -thereof, shall be punished as provided in section 1-108. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2002_Citation_Tags_On_Parked_Vehicles" -A "\c" \ - -- "Sec 15-2002 Citation Tags On Parked Vehicles" -\& -.LP -In cases where vehicles without drivers are parked or stopped in -violation of this part, police officers and other persons appointed by -the chief of police shall affix citation tags to the vehicles. -A violator of any provision of this part who has been given a citation -tag and fails to appear in accordance with the instructions of such tag -shall be subject to a separate offense as provided in section 1-108. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2003_Presumption_In_Reference_To_Illegal_Parking" -A "\c" \ - -- "Sec 15-2003 Presumption In Reference To Illegal Parking" -\& -.IP " 1." 4 -In any prosecution charging a violation of any law or regulation -governing the standing or parking of a vehicle, proof that the -particular vehicle described in the complaint was standing or parked in -violation of any such law or regulation, together with proof that the -defendant named in the complaint was at the time of such standing or -parking the registered owner of such vehicle, shall constitute in -evidence a prima facie presumption that the registered owner of such -vehicle was the person who parked or placed such vehicle at the point -where, and for the time during which, such violation occurred. -.IP " 2." 4 -The foregoing stated presumption shall apply only when the procedure as -described in this chapter has been followed. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf" -A "\c" \ - -- "841(16)" -\& on 12/19/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_16_TRANSPORTATION" -A "\c" \ - -- "PART 16 TRANSPORTATION" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_16-1_RAILROADS" -A "\c" \ - -- "CHAPTER 16-1 RAILROADS" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_16-1_RAILROADS" -A "\c" \ - -- "CHAPTER 16-1 RAILROADS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-101_Obstructing_Passage_Of_Trains" -A "\c" \ - -- "Sec 16-101 Obstructing Passage Of Trains" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-102_Climbing_On_Trains" -A "\c" \ - -- "Sec 16-102 Climbing On Trains" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-101_Obstructing_Passage_Of_Trains" -A "\c" \ - -- "Sec 16-101 Obstructing Passage Of Trains" -\& -.LP -Any person who willfully or maliciously places any obstruction or any -other thing on the track of any railroad within the limits of the city, -or who tears up, removes, burns or destroys any part of such railroad, -or the works thereof, with intent to obstruct the passage of any engine -or car thereon, or to throw them off the track, is guilty of an offense, -punishable as provided in this Code. -.PP -(Code 1999, § 16-102) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-102_Climbing_On_Trains" -A "\c" \ - -- "Sec 16-102 Climbing On Trains" -\& -.LP -It is unlawful for any person to climb upon, hold to, or in any manner -attach himself to, any railway train, locomotive or railway car while -such is in motion within the city, unless such person is acting in the -line of duty. -It is unlawful for any person to board any train or railroad car except -with a proper ticket or the permission of the person in charge of the -train or car or in the line of duty. -.PP -(Prior Code, § 19-3; Code 1999, § 19-105) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_17_UTILITIES" -A "\c" \ - -- "PART 17 UTILITIES" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-1_LEASE_OF_SYSTEMS" -A "\c" \ - -- "CHAPTER 17-1 LEASE OF SYSTEMS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-2_GARBAGE_AND_REFUSE_COLLECTION" -A "\c" \ - -- "CHAPTER 17-2 GARBAGE AND REFUSE COLLECTION" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-3_CUSTOMER_ASSISTANCE_PROGRAM_IN_RESPONSE_TO_SANITARY_SEWER_BACKUP" -A "\c" \ - -- "CHAPTER 17-3 CUSTOMER ASSISTANCE PROGRAM IN RESPONSE TO SANITARY SEWER BACKUP" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-4_SEWER,_SEWAGE_DISPOSAL_AND_INDUSTRIAL_WASTE_PRETREATMENT" -A "\c" \ - -- "CHAPTER 17-4 SEWER, SEWAGE DISPOSAL AND INDUSTRIAL WASTE PRETREATMENT" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-1_LEASE_OF_SYSTEMS" -A "\c" \ - -- "CHAPTER 17-1 LEASE OF SYSTEMS" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-101_Lease_Of_Utilities_To_Authority" -A "\c" \ - -- "Sec 17-101 Lease Of Utilities To Authority" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-102_Authority_Rules_Adopted_By_Reference,_Penalty" -A "\c" \ - -- "Sec 17-102 Authority Rules Adopted By Reference, Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-101_Lease_Of_Utilities_To_Authority" -A "\c" \ - -- "Sec 17-101 Lease Of Utilities To Authority" -\& -.LP -The city hereby consents and agrees to the lease of the city\[aq]s -water, sanitary sewerage and refuse systems and facilities and all -future additions thereto to the city public works authority as -authorized by statute, to be effective at the time and upon the terms -and conditions specified in a certain \[dq]lease\[dq] prepared under the -direction of the city council and filed in the office of the city clerk. -The mayor of the city hereby is authorized and directed, on behalf of -the city, to execute and deliver the lease of the city public works -authority. -.PP -(Code 1999, § 17-101) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-102_Authority_Rules_Adopted_By_Reference,_Penalty" -A "\c" \ - -- "Sec 17-102 Authority Rules Adopted By Reference, Penalty" -\& -.LP -Rules and regulations adopted by the city Public Works Authority are -hereby adopted and incorporated herein by reference, applicable as if -set out in full herein. -Any violation of the rules and regulations of the authority shall be -punishable as provided in section 1-108. -.PP -(Code 1999, § 17-102) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-2_GARBAGE_AND_REFUSE_COLLECTION" -A "\c" \ - -- "CHAPTER 17-2 GARBAGE AND REFUSE COLLECTION" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-201_Definitions" -A "\c" \ - -- "Sec 17-201 Definitions" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-202_Receptacles" -A "\c" \ - -- "Sec 17-202 Receptacles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-203_City_To_Furnish_Service" -A "\c" \ - -- "Sec 17-203 City To Furnish Service" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-204_Refuse_Vehicles" -A "\c" \ - -- "Sec 17-204 Refuse Vehicles" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-205_Refuse_Not_To_Accumulate" -A "\c" \ - -- "Sec 17-205 Refuse Not To Accumulate" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-206_Dumping" -A "\c" \ - -- "Sec 17-206 Dumping" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-207_Contracting_With_Private_Services" -A "\c" \ - -- "Sec 17-207 Contracting With Private Services" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-208_Certain_Buildings_To_Use_Dumpsters" -A "\c" \ - -- "Sec 17-208 Certain Buildings To Use Dumpsters" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-209_Collection_Rates_And_Charges_For_Sanitation_Service" -A "\c" \ - -- "Sec 17-209 Collection Rates And Charges For Sanitation Service" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-210_Penalty" -A "\c" \ - -- "Sec 17-210 Penalty" -\& -.br -.LP -.br -\f[B]State Law reference\f[R]\[em] Solid Waste Management Act, 27A O.S. -§ 2-10-101 et seq.; littering, 21 O.S. -§ 1753.3 et seq. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-201_Definitions" -A "\c" \ - -- "Sec 17-201 Definitions" -\& -.LP -The following words, terms and phrases, when used in this chapter, shall -have the meanings ascribed to them in this section, except where the -context clearly indicates a different meaning: -.PP -\f[I]Carry out service\f[R] means a special category of service by the -city for qualified persons who are physically unable to move the mobile -containers to the curbside. -.PP -\f[I]Commercial\f[R] means any business, activity or use. -.PP -\f[I]Curbside service\f[R] means pickup service provided by the city at -the curb or within the public street right-of-way. -.PP -\f[I]Dumpster\f[R] means any commercial garbage container provided or -approved by the city, including, but not limited to, polycarts. -.PP -\f[I]Garbage\f[R] means and includes all accumulations of animal and -vegetable matter, or both, which is refuse of kitchens, pantries, dining -rooms, markets and public places. -The term \[lq]garbage\[rq] does not include recyclables. -.br -.PP -\f[I]Mobile container\f[R] means any residential garbage container -provided or approved by the city, including, but not limited to, -polycarts. -.PP -\f[I]Recyclables\f[R] means waste or materials that can be processed and -used again. -The term \[lq]Recyclables\[rq] includes but is not limited to paper, -plastics, glass bottles and jars, aluminum and steel cans, cardboard and -paperboard cartons. -.br -.br -.PP -\f[I]Refuse\f[R] and \f[I]rubbish\f[R] mean ashes, cinders, papers, -brokenware, discarded clothing and wears, tin cans and vessels and such -other articles as are generally termed to be the natural accumulation of -resident families. -The terms \[dq]refuse\[dq] and \[dq]rubbish\[dq] do not include dirtor -recyclables. -.PP -\f[I]Yard trash\f[R] means lawn clippings and leaves which must be in a -trash bag and placed in a polycart at curb side. -.PP -(Code 1999, § 17-201; Ord. -No. -529, 7-2-1990) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349228_941%20(20).pdf" -A "\c" \ - -- "941(20)" -\& on 5/4/2020 -.br -Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_989(21).pdf" -A "\c" \ - -- "989(21)" -\& on 10/4/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-202_Receptacles" -A "\c" \ - -- "Sec 17-202 Receptacles" -\& -.IP " 1." 4 -Only one mobile container (polycart) shall be provided to each household -by the city. -This mobile container shall be used as the first means of disposing of -garbage. -Yard waste must be placed in a polycart inside tightly-tied plastic -bags. -Total yard waste, refuse and other garbage placed inside a polycart -should not weigh more than 200 pounds. -No other containers, except those provided by the city, shall be -permitted. -Additional mobile containers (polycarts) may be obtained for the -disposal of garbage at a cost pursuant to the city fee schedule. -.IP " 2." 4 -The containers provided for in subsection (A) of this section shall be -placed within three feet of the street curbside, except in the case of -carry out service where the container shall be placed within 75 feet of -the front curbline, not inside a garage or other structure, and no gate -granting access to the container shall be locked. -It shall be the responsibility of the resident to place the container -near the curb on the day designated for pickup by 7:00 a.m. -The resident shall remove the container from curbside on the same day. -.IP " 3." 4 -Carry out service shall be provided to residents who are physically -unable to place containers at curbside. -Yard trash is not included in this service. -This service will be provided by the city employees at no additional -fee. -The city will require that a form provided by the city be completed -requiring a doctor\[aq]s certificate as proof of a resident\[aq]s -inability to place the container at curbside. -.IP " 4." 4 -Mobile containers that are damaged or destroyed through abuse, neglect -or improper usage by the resident shall be repaired or replaced by the -city at the expense of the resident or owner of the residence. -Mobile containers that are stolen or damaged through normal and -reasonable usage will be repaired by the city at the city\[aq]s expense. -.IP " 5." 4 -Businesses collected on mobile container routes will be provided with -mobile containers. -.IP " 6." 4 -Brush will be accepted for scheduled bulk pickup provided the bundles of -brush are no longer than two feet and no more than 12 inches in diameter -and placed at curbside as scheduled through public works. -.IP " 7." 4 -It is unlawful for any person to deposit for collection, on any street, -parking or any private property in the city, any garbage, refuse or -rubbish without placing it in enclosed containers meeting the -requirements of this section. -.LP -(Code 1999, § 17-202; Ord. -No. -529, 7-2-1990; Ord. -No. -190(97), 6-16-1997; Ord. -No. -203(97), 8-18-1997) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349228_941%20(20).pdf" -A "\c" \ - -- "941(20)" -\& on 5/4/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-203_City_To_Furnish_Service" -A "\c" \ - -- "Sec 17-203 City To Furnish Service" -\& -.LP -The city shall furnish garbage and trash hauling service to the city. -No other person may remove or cause to be removed garbage, refuse, -rubbish or waste from any refuse container or other receptacle used for -the deposit of same, or to transport, carry through or over the streets -of the city any such garbage, refuse, rubbish or waste, without proper -authorization as may be required by law. -.PP -(Prior Code, §§ 11-4, 11-6; Code 1999, § 17-203) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-204_Refuse_Vehicles" -A "\c" \ - -- "Sec 17-204 Refuse Vehicles" -\& -.LP -All vehicles used for collection, removal, transportation or hauling of -refuse, rubbish or garbage in the city shall be constructed in such a -manner as to prevent any portion of such matter from falling or blowing -from such vehicles and shall be kept in a clean and sanitary condition. -.PP -(Prior Code, § 11-5, in part; Code 1999, § 17-204) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-205_Refuse_Not_To_Accumulate" -A "\c" \ - -- "Sec 17-205 Refuse Not To Accumulate" -\& -.IP " 1." 4 -All premises must be kept free and clear of all garbage, refuse, rubbish -and waste of all kinds, by the owner, occupant or person in charge of -such premises. -No garbage, refuse, or waste shall be allowed to accumulate thereon -except for such small amounts as shall accumulate between regular -removals thereof. -Any such conditions are hereby declared to be an offense and a nuisance, -and may be punished and abated as such. -.IP " 2." 4 -The city shall provide a service for the removal of large accumulations -of trash pursuant to the policy of the city and the fee schedule for the -city. -.LP -(Prior Code, § 11-7; Code 1999, § 17-205; Ord. -No. -344(02), 1-7-2002; Ord. -No. -654(09), 9-8-2009) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-206_Dumping" -A "\c" \ - -- "Sec 17-206 Dumping" -\& -.LP -In disposing of garbage, rubbish, refuse and waste, the same shall be -removed beyond the limits of the city to some suitable place for -dumping. -It is unlawful to dump refuse, rubbish, garbage or waste at any place in -the city unless specifically authorized by law or ordinance. -.PP -(Prior Code, § 11-8, in part; Code 1999, § 17-206) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-207_Contracting_With_Private_Services" -A "\c" \ - -- "Sec 17-207 Contracting With Private Services" -\& -.LP -Customers or proposed customers contracting with the city for trash or -garbage hauling service shall be permitted to contract with private -garbage hauling services for industrial, commercial and other -nonresidential refuse only upon the approval of the city manager, and -upon recommendation of the public works department. -Approval may be granted only if the city is not able to serve the -garbage, trash or other refuse hauling service required by such -customers or proposed customers. -.PP -Private trash, garbage or refuse hauling service contracting for such -service in the city shall furnish to the city clerk a certificate of -insurance and shall keep the same in full force and effect at all times -while contracting with any customer in the city. -The insurance shall show such contractor as having public liability -insurance in the sum as set by the city per occurrence in worker\[aq]s -compensation coverage and automobile liability on the motor vehicle used -in hauling such refuse in the sum as set by the city per occurrence.\ -.LP -Customers or proposed customers may contract with private services for -the purpose of picking up and removing recyclables. -The private service shall supply suitable containers for the containment -of the recyclables and the service shall be at-home or front door -service and not for curbside pickup. -.PP -.IP " 1." 4 -Any private recycling pick up and hauling service shall furnish to the -city clerk a certificate of insurance and shall keep the same in full -force and effect at all times while contracting with any customer in the -city. -The insurance shall show such contractor as having public liability -insurance in the sum as set by the city per occurrence in worker\[aq]s -compensation coverage and automobile liability on the motor vehicle used -in hauling such recyclables in the sum as set by the city per -occurrence.\ -.IP " 2." 4 -All vehicles used for collection, removal, transportation or hauling of -recyclables in the city shall be constructed in such a manner as to -prevent any portion of such matter from falling or blowing from such -vehicles and shall be kept in a clean and sanitary condition -.br -.br -.LP -(Code 1999, § 17-207; Ord. -No. -529, 7-2-1990) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_989(21).pdf" -A "\c" \ - -- "989(21)" -\& on 10/4/2021 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-208_Certain_Buildings_To_Use_Dumpsters" -A "\c" \ - -- "Sec 17-208 Certain Buildings To Use Dumpsters" -\& -.LP -All buildings or structures having three or more commercial, business, -industrial, residential dwellings or any combination thereof and which -have garbage collection contracts with the city shall be required to use -garbage dumpsters furnished by the city or any dumpster approved by the -city in which all garbage, refuse, rubbish or waste shall be placed to -be removed. -.PP -(Prior Code, § 11-10; Code 1999, § 17-208) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-209_Collection_Rates_And_Charges_For_Sanitation_Service" -A "\c" \ - -- "Sec 17-209 Collection Rates And Charges For Sanitation Service" -\& -.LP -For one designated container provided for recyclable materials curbside -recycling shall be provided bi-weekly for all residential customers at -an additional cost per month as established by resolution. -.PP -(Code 1999, § 17-209; Ord. -No. -529, 7-2-1990) -HISTORY -.br -\f[I]Amended by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328289_Ordinance%20No.%20828%20(16).pdf" -A "\c" \ - -- "828(16)" -\& on 8/1/2016 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-210_Penalty" -A "\c" \ - -- "Sec 17-210 Penalty" -\& -.LP -Any person violating these regulations shall, upon conviction in -municipal court, be punished as provided in section 1-108, in addition -to any other actions and remedies available. -.PP -(Code 1999, § 17-210) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-3_CUSTOMER_ASSISTANCE_PROGRAM_IN_RESPONSE_TO_SANITARY_SEWER_BACKUP" -A "\c" \ - -- "CHAPTER 17-3 CUSTOMER ASSISTANCE PROGRAM IN RESPONSE TO SANITARY SEWER BACKUP" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-301_Purpose" -A "\c" \ - -- "Sec 17-301 Purpose" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-302_Scope_Of_Work" -A "\c" \ - -- "Sec 17-302 Scope Of Work" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-303_Exclusions_And_Items_Outside_Scope_Of_Work" -A "\c" \ - -- "Sec 17-303 Exclusions And Items Outside Scope Of Work" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-304_Administration" -A "\c" \ - -- "Sec 17-304 Administration" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-301_Purpose" -A "\c" \ - -- "Sec 17-301 Purpose" -\& -.LP -This chapter is enacted to provide a means of relief in order to ease -the impact of a sanitary sewer backup in a customer\[aq]s yard or -residence by disinfecting the affected area whether the area is inside -or outside the structure. -The customer assistance program services will be offered to customers -when the backup is initially identified as the result of a stoppage in -the city\[aq]s main. -The services to be provided are limited to only those set forth in this -chapter and any claim for the payment of damages from a sanitary sewer -backup must be handled by filing a tort claim with the city clerk. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-302_Scope_Of_Work" -A "\c" \ - -- "Sec 17-302 Scope Of Work" -\& -.LP -The customer assistance program is authorized to perform only the -following work as directed by the risk manager, loss control officer, or -designee: -.IP " 1." 4 -Spillage in yards: Removal of any solids and application of -disinfectant. -.IP " 2." 4 -Spillage in structures: -.RS 4 -.IP " 1." 4 -Vacuuming or removing spillage and waste material. -.IP " 2." 4 -Mopping affected bare floors and cleaning of baseboards, bare walls and -plumbing fixtures. -.IP " 3." 4 -Removal of small items which the customer authorizes for disposal -including small areas of carpet and pad. -.IP " 4." 4 -Moving of furniture as required for the sole purpose of performing the -above work and within the capabilities of the crew. -.RE -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-303_Exclusions_And_Items_Outside_Scope_Of_Work" -A "\c" \ - -- "Sec 17-303 Exclusions And Items Outside Scope Of Work" -\& -.LP -The following items are excluded under this chapter: -.IP " 1." 4 -The customer assistance program will not be offered if the risk -management or community development department has previously -recommended to the current owner that a back-flow prevention device be -installed at the residence. -.IP " 2." 4 -The customer assistance program will not be offered to businesses, -churches or commercial property. -.IP " 3." 4 -The customer assistance program does not cover the cleaning of towels, -rugs, clothing, curtains, or other similar items. -.IP " 4." 4 -The cleaning of heating and ventilation ducts fall outside the scope of -the program as well as the removing or repairing of damaged drywall, -wallboard, or other wall coverings. -HISTORY -.br -\f[I]Adopted by Ord. -\c -.pdfhref W -D "https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349082_930%20(20).pdf" -A "\c" \ - -- "930(20)" -\& on 1/6/2020 -.br -\f[R] -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-304_Administration" -A "\c" \ - -- "Sec 17-304 Administration" -\& -.LP -The city risk management board will serve as administrator of claims -pursuant to this chapter. -Claims shall be made pursuant to the provisions of the Governmental Tort -Claims Act (51 O.S. -§ 151 et seq.). -Claims are to be presented within one year of the date the loss occurs. -A claim shall be forever barred unless notice thereof is presented -within one year after the loss occurs. -.PP -(Code 1999, § 17-304; Ord. -No. -137(95), 12-4-1995; Ord. -No. -162(96), 7-1-1996) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-4_SEWER,_SEWAGE_DISPOSAL_AND_INDUSTRIAL_WASTE_PRETREATMENT" -A "\c" \ - -- "CHAPTER 17-4 SEWER, SEWAGE DISPOSAL AND INDUSTRIAL WASTE PRETREATMENT" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-401_Regulations_Adopted" -A "\c" \ - -- "Sec 17-401 Regulations Adopted" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-402_Penalty" -A "\c" \ - -- "Sec 17-402 Penalty" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-401_Regulations_Adopted" -A "\c" \ - -- "Sec 17-401 Regulations Adopted" -\& -.LP -The city\[aq]s \[dq]Sewer, Sewage Disposal and Industrial Waste -Pretreatment Regulations,\[dq] as originally adopted by Ord. -No. -22(92), October 18, 1993, and amended by Ordinance No. -98(94), October 3, 1994, and any other amendments, are hereby adopted -and incorporated herein by reference. -A copy of the regulations are on file with the city clerk. -.PP -(Code 1999, § 17-401; Ord. -No. -22(92), 10-18-1993; Ord. -No. -98(94), 10-3-1994; Ord. -No. -605(07), 12-3-2007) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-402_Penalty" -A "\c" \ - -- "Sec 17-402 Penalty" -\& -.LP -A violation of the city\[aq]s sewer, sewage disposal and industrial -waste pretreatment regulations is punishable as provided in section -1-108, unless another penalty is specifically provided in the -regulations. -.PP -(Code 1999, § 17-402) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_ELECTRIC_FRANCHISE" -A "\c" \ - -- "APPENDIX 1 ELECTRIC FRANCHISE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_1_DEFINITIONS" -A "\c" \ - -- "APPENDIX 1 SECTION 1 DEFINITIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_2_GRANT_FRANCHISE" -A "\c" \ - -- "APPENDIX 1 SECTION 2 GRANT FRANCHISE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_3_NOT_TO_IMPEDE_TRAFFIC" -A "\c" \ - -- "APPENDIX 1 SECTION 3 NOT TO IMPEDE TRAFFIC" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_4_HOLD_HARMLESS_TO_CITY" -A "\c" \ - -- "APPENDIX 1 SECTION 4 HOLD HARMLESS TO CITY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_5_COMPLIANCE_WITH_RULES" -A "\c" \ - -- "APPENDIX 1 SECTION 5 COMPLIANCE WITH RULES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_6_ASSIGNMENT" -A "\c" \ - -- "APPENDIX 1 SECTION 6 ASSIGNMENT" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_7_FRANCHISE_FEE" -A "\c" \ - -- "APPENDIX 1 SECTION 7 FRANCHISE FEE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_8_SERVICE_TO_CITY" -A "\c" \ - -- "APPENDIX 1 SECTION 8 SERVICE TO CITY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_9_SPECIAL_ELECTION" -A "\c" \ - -- "APPENDIX 1 SECTION 9 SPECIAL ELECTION" -\& -.br -.LP -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_1_DEFINITIONS" -A "\c" \ - -- "APPENDIX 1 SECTION 1 DEFINITIONS" -\& -.LP -The Word \[dq]City\[dq] as hereinafter used shall mean and designate the -City of Moore, Cleveland County, Oklahoma, and the word -\[dq]Company\[dq] as hereinafter used shall mean and designate the -Oklahoma Gas and Electric Company, a corporation organized and existing -under and by virtue of the laws of the State of Oklahoma and its -successors and assigns. -.PP -(Ord. -No. -741(13), 2-4-2013) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_2_GRANT_FRANCHISE" -A "\c" \ - -- "APPENDIX 1 SECTION 2 GRANT FRANCHISE" -\& -.IP " 1." 4 -The City hereby grants to the Company the right, privilege and authority -to produce, transmit, distribute and sell electricity within the -corporate limits of the City for all purposes for which it may be used, -to the City, its inhabitants and the public generally, and the right, -privilege and authority to construct, maintain and operate a system of -poles, wires, conduits, transformers, substations, and other facilities -and equipment in, upon, across, under and over the streets, alleys, -public grounds and other places in each and every part of said City for -the purpose of producing, transmitting, distributing and selling -electricity to the City, its inhabitants, and to the public generally. -.IP " 2." 4 -The franchise hereby granted shall be effective from and after the date -of approval of this Ordinance by the qualified electors of the City and -acceptance by the Company, and shall remain in full force and effect for -a period of twenty-five (25) years. -Nothing in this Ordinance shall be construed to prevent the City from -granting an electric franchise to any other person, firm, or -corporation. -.LP -(Ord. -No. -741(13), 2-4-2013) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_3_NOT_TO_IMPEDE_TRAFFIC" -A "\c" \ - -- "APPENDIX 1 SECTION 3 NOT TO IMPEDE TRAFFIC" -\& -.LP -The Company shall construct, operate and maintain its property in such -manner as will, consistent with necessity, not obstruct nor impede -traffic unduly. -.PP -(Ord. -No. -741(13), 2-4-2013) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_4_HOLD_HARMLESS_TO_CITY" -A "\c" \ - -- "APPENDIX 1 SECTION 4 HOLD HARMLESS TO CITY" -\& -.LP -The Company shall defend and indemnify the City against all liability -for injury to any person or property caused by the negligence of the -Company in the construction, operation and maintenance of its property -within the City. -.PP -(Ord. -No. -741(13), 2-4-2013) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_5_COMPLIANCE_WITH_RULES" -A "\c" \ - -- "APPENDIX 1 SECTION 5 COMPLIANCE WITH RULES" -\& -.LP -Electric service provided hereunder to the City, its inhabitants, and to -the public generally, and rates charged therefor shall be in accordance -with orders, rules and regulations of the Corporation Commission of the -State of Oklahoma or other governmental authority having jurisdiction. -.PP -(Ord. -No. -741(13), 2-4-2013) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_6_ASSIGNMENT" -A "\c" \ - -- "APPENDIX 1 SECTION 6 ASSIGNMENT" -\& -.LP -The Company shall have the right to assign this franchise and the -assignee by written acceptance thereof shall be bound by all the -provisions hereof. -An authenticated copy of such assignment and acceptance shall be filed -with the Clerk of the City. -.PP -(Ord. -No. -741(13), 2-4-2013) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_7_FRANCHISE_FEE" -A "\c" \ - -- "APPENDIX 1 SECTION 7 FRANCHISE FEE" -\& -.IP " 1." 4 -From and after the approval and acceptance of this franchise, and in -consideration of the granting of this franchise, the Company agrees to -pay and shall pay to the City an annual franchise fee in an amount equal -to three percent (3%) of its gross revenues arising from the sale of -electricity within the corporate limits of the City, such payment to be -made on or before the 25th day of July of each year, after deducting -therefrom any amount due the Company from the City. -.IP " 2." 4 -The Company shall abide by any order, rule or regulation of the -Corporation Commission of the State of Oklahoma requiring the listing -separately of all or any portion of such franchise fee on electric bills -to customers. -.IP " 3." 4 -Such franchise fees paid by the Company to the City shall be in lieu of -all other franchise, excise, license, occupation, privilege, inspection, -permit, or other fees, taxes or assessments, except ad valorem taxes. -.LP -(Ord. -No. -741(13), 2-4-2013) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_8_SERVICE_TO_CITY" -A "\c" \ - -- "APPENDIX 1 SECTION 8 SERVICE TO CITY" -\& -.LP -The Company shall furnish to the City without charge each fiscal year -during the term hereof electric current to be used exclusively by the -City for operation of traffic signal lights and buildings occupied and -operated by the City for municipal purposes, to be applied by the -Company as a credit to billings to the City, provided that such electric -current shall not exceed one-half of one percent (0.5%) of the -kilowatt-hours sold by the Company to customers within the corporate -limits of the City during the preceding fiscal year. -.PP -(Ord. -No. -741(13), 2-4-2013) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_9_SPECIAL_ELECTION" -A "\c" \ - -- "APPENDIX 1 SECTION 9 SPECIAL ELECTION" -\& -.LP -A special election is hereby called for the purpose of submitting this -Ordinance to the qualified electors of the City residing within its -corporate limits for their approval or disapproval, provided the Company -shall pay the cost of such election. -The election shall be held on the 14th day of May, 2013, between the -hours of 7:00 a.m. -and 7:00 p.m. -The Mayor of the City Council is authorized and directed to issue an -election proclamation calling such election and is further directed to -take all steps that may be necessary for holding the election and for -the submission of this Ordinance to the qualified electors of the City. -If a majority of the qualified electors of the City voting thereon fail -to approve this franchise at said election, no rights shall accrue -hereunder. -.PP -(Ord. -No. -741(13), 2-4-2013) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_THE_MOORE_CABLE_SYSTEM_ORDINANCE" -A "\c" \ - -- "APPENDIX 2 THE MOORE CABLE SYSTEM ORDINANCE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_1_DEFINITIONS" -A "\c" \ - -- "APPENDIX 2 SECTION 1 DEFINITIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_2_GRANT_OF_AUTHORITY;_FRANCHISE_REQUIRED" -A "\c" \ - -- "APPENDIX 2 SECTION 2 GRANT OF AUTHORITY; FRANCHISE REQUIRED" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_3_FRANCHISE_CHARACTERISTICS" -A "\c" \ - -- "APPENDIX 2 SECTION 3 FRANCHISE CHARACTERISTICS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_4_APPLICATIONS_FOR_GRANT,_RENEWAL,_MODIFICATIONS_OR_TRANSFER_OF_FRANCHISE" -A "\c" \ - -- "APPENDIX 2 SECTION 4 APPLICATIONS FOR GRANT, RENEWAL, MODIFICATIONS OR TRANSFER OF FRANCHISE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_5_GRANT_OF_FRANCHISE" -A "\c" \ - -- "APPENDIX 2 SECTION 5 GRANT OF FRANCHISE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_6_ELECTION_AND_COSTS_THEREOF" -A "\c" \ - -- "APPENDIX 2 SECTION 6 ELECTION AND COSTS THEREOF" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_7_INSURANCE" -A "\c" \ - -- "APPENDIX 2 SECTION 7 INSURANCE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_8_INDEMNIFICATION" -A "\c" \ - -- "APPENDIX 2 SECTION 8 INDEMNIFICATION" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_9_PERFORMANCE_BOND" -A "\c" \ - -- "APPENDIX 2 SECTION 9 PERFORMANCE BOND" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_10_MINIMUM_FACILITY_AND_SERVICE" -A "\c" \ - -- "APPENDIX 2 SECTION 10 MINIMUM FACILITY AND SERVICE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_11_SIGNAL_QUALITY_REQUIREMENTS" -A "\c" \ - -- "APPENDIX 2 SECTION 11 SIGNAL QUALITY REQUIREMENTS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_12_TECHNICAL_STANDARDS" -A "\c" \ - -- "APPENDIX 2 SECTION 12 TECHNICAL STANDARDS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_13_ERECTION,_REMOVAL_AND_COMMON_USE_OF_POLES" -A "\c" \ - -- "APPENDIX 2 SECTION 13 ERECTION, REMOVAL AND COMMON USE OF POLES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_14_SAFETY_REQUIREMENTS" -A "\c" \ - -- "APPENDIX 2 SECTION 14 SAFETY REQUIREMENTS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_15_REMOVAL_OF_FACILITIES_UPON_REQUEST" -A "\c" \ - -- "APPENDIX 2 SECTION 15 REMOVAL OF FACILITIES UPON REQUEST" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_16_SUBSCRIBER_RATES,_CHARGES_AND_REFUNDS" -A "\c" \ - -- "APPENDIX 2 SECTION 16 SUBSCRIBER RATES, CHARGES AND REFUNDS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_17_CUSTOMER_SERVICE_REQUIREMENTS" -A "\c" \ - -- "APPENDIX 2 SECTION 17 CUSTOMER SERVICE REQUIREMENTS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_18_POLE_AGREEMENTS;_REGULATIONS" -A "\c" \ - -- "APPENDIX 2 SECTION 18 POLE AGREEMENTS; REGULATIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_19_RESERVATION_OF_RIGHTS" -A "\c" \ - -- "APPENDIX 2 SECTION 19 RESERVATION OF RIGHTS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_20_OWNERSHIP_OF_FACILITIES" -A "\c" \ - -- "APPENDIX 2 SECTION 20 OWNERSHIP OF FACILITIES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_21_DISCRIMINATION_PROHIBITED" -A "\c" \ - -- "APPENDIX 2 SECTION 21 DISCRIMINATION PROHIBITED" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_22_LIQUIDATED_DAMAGES" -A "\c" \ - -- "APPENDIX 2 SECTION 22 LIQUIDATED DAMAGES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_23_FRANCHISE_DEFAULT_AND_ENFORCEMENT_REMEDIES" -A "\c" \ - -- "APPENDIX 2 SECTION 23 FRANCHISE DEFAULT AND ENFORCEMENT REMEDIES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_24_FRANCHISE_FEE" -A "\c" \ - -- "APPENDIX 2 SECTION 24 FRANCHISE FEE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_25_RENEWAL_OF_FRANCHISE" -A "\c" \ - -- "APPENDIX 2 SECTION 25 RENEWAL OF FRANCHISE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_26_TRANSFER_OF_A_FRANCHISE" -A "\c" \ - -- "APPENDIX 2 SECTION 26 TRANSFER OF A FRANCHISE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_27_MAPS,_REPORTS_AND_RECORDS" -A "\c" \ - -- "APPENDIX 2 SECTION 27 MAPS, REPORTS AND RECORDS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_28_ADMINISTRATION" -A "\c" \ - -- "APPENDIX 2 SECTION 28 ADMINISTRATION" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_29_SUBSCRIBER_PRIVACY" -A "\c" \ - -- "APPENDIX 2 SECTION 29 SUBSCRIBER PRIVACY" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_30_COMPLIANCE_WITH_FCC_REGULATIONS_AND_STANDARDS" -A "\c" \ - -- "APPENDIX 2 SECTION 30 COMPLIANCE WITH FCC REGULATIONS AND STANDARDS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_31_COMPLIANCE_WITH_APPLICABLE_LAWS_AND_ORDINANCES" -A "\c" \ - -- "APPENDIX 2 SECTION 31 COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_32_REVOCATION_OR_TERMINATION_OF_FRANCHISE" -A "\c" \ - -- "APPENDIX 2 SECTION 32 REVOCATION OR TERMINATION OF FRANCHISE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_33_PERIODIC_REVIEWS" -A "\c" \ - -- "APPENDIX 2 SECTION 33 PERIODIC REVIEWS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_34_DESCRIPTIVE_HEADINGS" -A "\c" \ - -- "APPENDIX 2 SECTION 34 DESCRIPTIVE HEADINGS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_35_CHOICE_OF_LAW,_VENUE_AND_ATTORNEYS_FEES" -A "\c" \ - -- "APPENDIX 2 SECTION 35 CHOICE OF LAW, VENUE AND ATTORNEYS FEES" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_1_DEFINITIONS" -A "\c" \ - -- "APPENDIX 2 SECTION 1 DEFINITIONS" -\& -.LP -For the purpose of this Ordinance, the following terms, phrases, words -and their derivations shall have the meanings given herein unless -otherwise defined by federal or state law. -The words \[dq]shall\[dq] and \[dq]will\[dq] are mandatory, and -\[dq]may\[dq] is permissive. -Words not defined herein shall be given the meaning set forth in the -Communications Act of 1934, as amended, including the Cable -Communications Policy Act of 1984, as amended by the Cable Television -Consumer Protection and Competition Act of 1992, and the -Telecommunications Act of 1996, and as may hereinafter be further -amended, and if not defined therein, such words shall have their common -and ordinary meaning. -.IP " 1." 5 -\[dq]Access channel\[dq] means any channel on a System which, by the -terms of this Ordinance or otherwise, is required to be kept available -without charge by Franchisee for partial or total designation to public, -educational and/or local government use and over which Franchisee -exercises no editorial control. -.IP " 2." 5 -\[dq]Affiliate\[dq] means an entity which owns or controls, is owned or -controlled by, or is under common ownership or control with Franchisee. -.IP " 3." 5 -\[dq]Application\[dq] means any proposal, submission or request to: (1) -construct and operate a System within the City; (2) transfer a Franchise -or control of a Franchise; (3) renew a Franchise; (4) modify a -Franchise, or; (5) seek any other relief from the City pursuant to this -Ordinance, a Franchise Agreement, the Cable Act as amended, or the FCC -rules and regulations. -.IP " 4." 5 -\[dq]Cable system\[dq] shall mean a facility, consisting of a set of -transmission paths and associated signal generation, reception and -control equipment that is designed to provide Cable Service, which -includes video programming, and other communications services which are -provided to multiple Subscribers within the City. -It shall include, without limitation, all of the component, physical -operation and programming elements of a network of cable, electrical and -electronic equipment, designed, constructed, wired or used for the -purpose of producing, receiving, amplifying and transmitting by coaxial -cable, fiber optics, microwave or other means audio and/or audio/visual -electrical impulses of television, radio and other intelligences, either -analog or digital, including, but not limited to, cable television for -sale to the inhabitants and businesses of the City. -.IP " 5." 5 -\[dq]Cable Act\[dq] means the Cable Communications Policy Act of 1984, -as amended by the Cable Television Consumer Protection and Competition -Act of 1992, as further amended by the Telecommunications Act of 1996, -as further amended from time to time. -.IP " 6." 5 -\[dq]Cable service\[dq] means (A) the one-way transmission to -Subscribers of (i) video programming, or (ii) other programming service, -and (B) subscriber interaction, if any, which is required for the -selection or use of such video programming or other programming service. -.IP " 7." 5 -\[dq]City\[dq] means the City of Moore, Oklahoma. -.IP " 8." 5 -\[dq]City attorney\[dq] is the City Attorney for the City of Moore, -Oklahoma. -.IP " 9." 5 -\[dq]City clerk\[dq] is the City Clerk of the City of Moore, Oklahoma. -.IP " 10." 5 -\[dq]City engineer\[dq] is the City Engineer of the City of Moore, -Oklahoma. -.IP " 11." 5 -\[dq]City manager\[dq] means the City Manager of Moore, Oklahoma or his -duly authorized representative. -.IP " 12." 5 -\[dq]Converter\[dq] means a device used for changing the frequency of a -television signal. -It may also include descrambling or decoding capabilities. -.IP " 13." 5 -\[dq]Council\[dq] is the City Council of the City of Moore, Oklahoma. -.IP " 14." 5 -\[dq]FCC\[dq] means the Federal Communications Commission. -.IP " 15." 5 -\[dq]Franchise\[dq] means the right granted by the City to a Franchisee -to construct, maintain and operate a System under, on and over streets, -roads and all other Public Ways and easements within the City. -.IP " 16." 5 -\[dq]Franchise agreement\[dq] means the contract entered into in -accordance with this Ordinance, and sets forth the terms and conditions -under which the Franchise will be exercised. -.IP " 17." 5 -\[dq]Franchisee\[dq] means any Person granted a Franchise pursuant to -this Ordinance and shall include any successor thereto. -.IP " 18." 5 -\[dq]Gross revenues\[dq] means all cash, credits, property or other -consideration of any kind or nature received directly or indirectly by -the Franchisee arising from, attributable to, or in any way derived from -the operation of the System to provide Cable Service within the City. -Gross Revenues shall include, but not be limited to: monthly fees -charged Subscribers for basic Cable Service; any optional, pay per view, -premium, per-channel or per-program service or charges for any other -type of Cable Service; installation, disconnection, and change in -service fees; leased channel fees; Converter and equipment fees, rentals -or sales; net advertising revenues; net revenues from home shopping -channels; fees from use of Access Channels, revenues from studio rental, -production fees and equipment charges when applicable; Gross Revenues -shall not include bad debt, Franchise fees or any sales, excise or other -taxes or fees, which are imposed directly on any Cable Service -subscriber by any governmental unit or agency and which are collected by -the Franchisee on behalf of such governmental unit or agency. -.IP " 19." 5 -\[dq]Normal business hours\[dq] means those hours during which most -similar businesses in the community are open to serve customers. -In all cases, Normal Business Hours must include some evening hours at -least one night per week and/or some weekend hours. -.IP " 20." 5 -\[dq]Normal operating conditions\[dq] means those service conditions -which are within the control of the Franchisee. -Those conditions which are not within the control of the Franchisee -include, but are not limited to, natural disasters, civil disturbances, -power outages, telephone network outages, and severe or unusual weather -conditions. -Conditions which are ordinarily within the control of the Franchisee -include, but are not limited to, special promotions, pay-per-view -events, rate increases, regular peak or seasonal demand periods, and -maintenance or upgrade of the System. -.IP " 21." 5 -\[dq]Ordinance\[dq] means the Moore Cable System Ordinance, unless the -context shall indicate otherwise. -.IP " 22." 5 -\[dq]Person\[dq] means any individual, corporation, partnership, -association, joint venture, organization or legal entity of any kind, -and any lawful trustee, successor, assignee, transferee or personal -representative thereof. -.IP " 23." 5 -\[dq]Public way\[dq] means the surface, the air space above the surface -and the area below the surface of any public street, road, thoroughfare, -alley or other public right of way or public place including, without -limitation, public utility easements dedicated for compatible use within -the City. -.IP " 24." 5 -\[dq]Service area\[dq] means the present municipal boundaries of the -City and any additions thereto by annexation or other legal means. -.IP " 25." 5 -\[dq]Subscriber\[dq] means any Person who legally receives Cable Service -delivered over the System. -.IP " 26." 5 -\[dq]System\[dq] means the Cable System. -.IP " 27." 5 -\[dq]Transfer of franchise\[dq] means any transaction in which (1) any -majority ownership or other controlling interest in a Franchise or its -System is transferred from one Person or group of Persons to another -Person or group of Persons, none of whom already own a controlling -ownership interest in the transferring person; or (2) the rights and/or -obligations held by the Franchisee under a Franchise Agreement are -transferred or assigned to another Person or group of Persons, none of -whom already own a controlling ownership interest in the transferring -person. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_2_GRANT_OF_AUTHORITY;_FRANCHISE_REQUIRED" -A "\c" \ - -- "APPENDIX 2 SECTION 2 GRANT OF AUTHORITY; FRANCHISE REQUIRED" -\& -.IP " 1." 4 -In order to make Cable Services available to the residents of the City, -the City may grant one or more Franchises in accordance with this -Ordinance and the execution of a Franchise Agreement. -.IP " 2." 4 -No Person may construct or operate a System in the City without a -Franchise granted by the City and having entered into a Franchise -Agreement with the City. -.IP " 3." 4 -Nothing in this Ordinance shall be deemed to prevent the City from -seeking additional Franchisees at any time pursuant to a request for -proposals or applications. -Responses shall comply with this Ordinance. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_3_FRANCHISE_CHARACTERISTICS" -A "\c" \ - -- "APPENDIX 2 SECTION 3 FRANCHISE CHARACTERISTICS" -\& -.IP " 1." 4 -A Franchise shall be for a term or period of time not to exceed twenty -(20) years to serve all areas of the City, and shall be in effect from -and after approval thereof by the Council in accordance with applicable -law. -.IP " 2." 4 -A Franchise authorizes the Franchisee to use the Public Ways within the -City for installing cables, wires, lines, underground conduit and other -facilities to operate a System within the City, but does not authorize -such use on private property without the owner\[aq]s consent, nor does -the Franchise permit the use of privately-owned easements without -separate agreement of the owners, unless otherwise permitted by law. -.IP " 3." 4 -A Franchise shall be nonexclusive, and will not preclude the issuance of -another Franchise, nor affect the City\[aq]s right to authorize use of -any Public Way by other Persons as it deems appropriate. -.IP " 4." 4 -A Franchise shall not relieve the Franchisee of any requirement of any -ordinance, rule, regulation or specification of the City of general -applicability now or hereinafter lawfully enacted by the City. -The Franchisee shall at all times be subject to the lawful exercise of -the police power of the City to the full extent that such powers now or -hereinafter may be vested in or granted to the City. -However, any ordinance, rule, regulation or specification of the City -enacted after a Franchisee has entered into a Franchise Agreement shall -not materially alter the rights or obligations of the Franchisee under -the existing ordinance and Franchise Agreement unless specifically -authorized by state or federal law. -.IP " 5." 4 -A Franchisee and the City shall at all times be subject to and shall -comply with the Cable Act, all federal and state laws governing Cable -Service and all laws of general applicability. -.IP " 6." 4 -The provisions of this Ordinance shall apply to a Franchise Agreement as -if fully set out in such agreement. -The terms of a Franchise Agreement shall prevail over conflicting -provisions of this Ordinance. -.IP " 7." 4 -The Franchisee shall make Cable Service available to all residents and -businesses within the City, subject to the provisions of Section 10.5. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_4_APPLICATIONS_FOR_GRANT,_RENEWAL,_MODIFICATIONS_OR_TRANSFER_OF_FRANCHISE" -A "\c" \ - -- "APPENDIX 2 SECTION 4 APPLICATIONS FOR GRANT, RENEWAL, MODIFICATIONS OR TRANSFER OF FRANCHISE" -\& -.IP " 1." 4 -A written Application shall be filed with the City for the (a) grant of -a new Franchise; (b) renewal of a Franchise; (c) modification of a -Franchise Agreement; or (d) transfer of a Franchise pursuant to this -ordinance, the Franchise Agreement or the Cable Act. -The applicant has the burden to demonstrate compliance with all -applicable laws and entitlement to the relief sought. -.IP " 2." 4 -The applicant must file an original and five (5) copies of the -Application together with any required filing fee as set forth in this -Ordinance. -The Application shall also conform to any request for proposals and -shall contain all requested information. -.IP " 3." 4 -All Applications shall identify Persons authorized to act on behalf of -the applicant with respect to the Application. -.IP " 4." 4 -All Applications accepted for filing by the City shall be available -during the City\[aq]s regular business hours for public inspection. -.IP " 5." 4 -An Application for the initial grant of a Franchise shall contain, at a -minimum, the following information: -.RS 4 -.IP " 1." 5 -The name and address of the applicant and identification of ownership -and control of the applicant including: (a) names and addresses of the -ten (10) largest holders of an ownership interest and all Persons with a -five percent (5%) or more ownership interest in the applicant; (b) the -names of Persons who control the applicant including, without -limitation, all officers and directors; (c) any other business -affiliation and cable interest of each named Person. -.IP " 2." 5 -A statement as to whether the applicant, or any Person controlling the -applicant, or any officer, director or major stockholder has been -adjudged bankrupt, had a cable Franchise revoked, or been found guilty -of any violation of any security or anti-trust law, or of the commission -of a felony or crime involving moral turpitude; and if so, the -identification of such Person and a full explanation of such -circumstances. -.IP " 3." 5 -A demonstration of the applicant\[aq]s technical, legal and financial -ability to construct and/or operate the proposed System, including -identification of key personnel. -.IP " 4." 5 -A description of the applicant\[aq]s prior experience in System -ownership and construction, and identification of all communities the -applicant or its principals have served. -.IP " 5." 5 -Identification of proposed Cable Service Area and a detailed description -of the facilities proposed and the characteristics of the System -including, but not limited to, channel capacity, technical design, and -performance and quality expectations. -.IP " 6." 5 -A detailed description of the construction of the proposed System, -together with a proposed construction schedule. -Where appropriate, the applicant shall include an explanation of how -services will be converted from the existing facilities to the new -facilities. -.IP " 7." 5 -A description of all services to be provided, including, without -limitation, all broadcast and non-broadcast signals and all -non-television services to be carried on the System. -If tiers of service are to be used by the Franchisee, a description of -each tier service to be available to Subscribers. -.IP " 8." 5 -A description of proposed rate schedule for Cable Service and equipment -to be provided or used in association with the basic cable service tier, -together with all forms or information required to allow the -determination by the City of the maximum initial permitted rates and -charges. -Additionally, and for informational purposes, the Franchisee shall -disclose to the City any and all charges to be made for all other -services and equipment. -.IP " 9." 5 -A demonstration of how the applicant\[aq]s proposal will reasonably meet -the future cable-related needs and interests of the community, taking -into account the costs thereof including a description of how the -proposal will meet the needs described in any recent community needs -assessment conducted by or for the City. -.IP " 10." 5 -A statement showing pro-forma financial projections for the first five -(5) years. -.IP " 11." 5 -An affidavit of the applicant or authorized officer thereof certifying -to the truth and accuracy of all information in the Application, -acknowledging the enforceability of Application commitments, and that -the Application proposal meets all regulatory authority requirements. -.IP " 12." 5 -Any other information which may be necessary to demonstrate compliance -with all laws as may be relevant to City\[aq]s consideration of the -Application. -.RE -.IP " 6." 4 -An Application for modifications of the Franchise Agreement shall -include, as a minimum, the following information: -.RS 4 -.IP " 1." 4 -The specified modifications requested. -.IP " 2." 4 -The justification and basis for the requested modification including a -statement of impact the requested modification may have on Subscribers -or others, and the financial impact approval or disapproval may have on -the applicant. -.IP " 3." 4 -Any other relevant information which may be reasonably necessary for the -City to make an informed decision. -.RE -.IP " 7." 4 -An Application for renewal of a Franchise shall comply with the -requirements of Section 25 herein. -.IP " 8." 4 -An Application for approval of the Transfer of a Franchise shall comply -with the requirements of Section 26 herein. -.IP " 9." 4 -Each Application shall be accompanied by a filing fee in the following -amounts as may be appropriate: -.RS 4 -.IP " 1." 4 -For new or initial Franchise .....$500.00 -.IP " 2." 4 -For renewal of a Franchise .....$500.00 -.IP " 3." 4 -For a transfer of a Franchise .....$250.00 -.IP " 4." 4 -For a modification of Franchise Agreement .....$150.00 -.IP " 5." 4 -For any other relief .....$150.00 -.RE -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_5_GRANT_OF_FRANCHISE" -A "\c" \ - -- "APPENDIX 2 SECTION 5 GRANT OF FRANCHISE" -\& -.IP " 1." 4 -The City may grant or renew a Franchise for a period not to exceed -twenty (20) years in accordance with the requirements of this Ordinance -and the terms of a Franchise Agreement. -.IP " 2." 4 -The grant or renewal of a Franchise may be conditioned upon completion -of construction within times prescribed or upon performance of specific -obligations as set forth in the Franchise Agreement. -.IP " 3." 4 -In evaluating an Application for an initial Franchise, the City may -consider, among other things, the following factors: the applicant\[aq]s -technical, financial, and legal qualifications to construct and operate -the proposed System; the nature of the proposed facilities, equipment, -and services; the applicant\[aq]s experience in constructing and -operating Systems and providing Cable Service in other communities, if -any; the ability of City\[aq]s Public Ways to accommodate the proposed -System; the potential disruption to users of City\[aq]s Public Ways and -any resultant inconvenience to the public; and whether the proposal will -meet reasonably anticipated community needs and serve the public -interest. -.IP " 4." 4 -The Application shall be reviewed by the City Manager and staff to -determine whether the Application complies with all requirements of this -Ordinance. -If the Application is sufficient, the City Manager and the applicant -shall negotiate the terms and conditions of the proposed Franchise -Agreement. -The proposed Franchise Agreement must be executed by the applicant and -submitted to the Council. -The proposed Franchise Agreement shall provide that it is subject to -approval of the qualified electors of the City. -The proposed Franchise Agreement shall further provide that the -applicant acknowledges its acceptance of the proposed Franchise and the -obligation of the applicant to comply with all the provisions of this -Ordinance, the proposed Franchise Agreement and the terms and conditions -of the applicant\[aq]s proposal as submitted to the City as a part of -the Application except to the extent such items are preempted or -superseded by federal or state law. -.IP " 5." 4 -The City Council shall hold a public hearing to consider the Application -and the proposed Franchise Agreement. -Based upon the Application and the proposed Franchise Agreement, the -testimony presented at the public hearing, any recommendation of the -City Manager or staff and any other information relevant to the -Application, including the requirements of applicable federal or state -law, the Council shall determine whether to approve or disapprove the -proposed Franchise Agreement and whether to grant or deny the Franchise -Application. -.IP " 6." 4 -In the event a court of competent jurisdiction determines that federal -law does not preempt the election requirement for Franchise Agreements -as set forth in Oklahoma Constitution, Article 18, § 5(a), the Council -shall direct submission of the grant of a Franchise to a vote of the -qualified electors as required by the Oklahoma Constitution. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_6_ELECTION_AND_COSTS_THEREOF" -A "\c" \ - -- "APPENDIX 2 SECTION 6 ELECTION AND COSTS THEREOF" -\& -.LP -To the extent required by applicable law, in order for a grant, -extension or renewal of a Franchise, other than a revocable permit, to -become effective, an election must be held. -A majority of the qualified electors of the City voting on the question -must vote in favor of the grant, extension or renewal of the Franchise. -No election shall be called or conducted for the purposes provided -herein, unless and until the applicant or Franchisee named therein shall -have deposited with the City, in cash, an amount estimated by the City -Clerk to be required for payment in full of those expenses of such -election, directly related to the grant or renewal issue including, -without limitation, the costs of printing and publishing. -If the final total of the expenses and costs incurred by the City for -the election exceeds the amount deposited by the Franchisee, Franchisee -shall pay to the City all excess expenses and costs and the City shall -refund to the Franchisee any overpayment of expenses and costs. -.PP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_7_INSURANCE" -A "\c" \ - -- "APPENDIX 2 SECTION 7 INSURANCE" -\& -.IP " 1." 4 -The Franchisee shall maintain throughout the term of the Franchise, at -its own cost and expense, automobile insurance on all its vehicles and -general comprehensive liability insurance, insuring the Franchisee and -the City, the Council, its officers, private sub-contractors, agents and -employees, whether elected or appointed, from and against all claims by -any Person whatsoever for loss, injury or damage to Person or property, -both real and personal, occasioned or caused by the construction, -erection, operation or maintenance of the System. -The insurance shall provide amounts of coverage not less than the -following: -.br -.br -.RS 4 -.PP -.na -.nr LLold \n[LL] -.TS -delim(@@) tab( ); -lw(35.0n) lw(35.0n). -T{ -.nr LL 35.0n -General Liability Insurance -T} T{ -.nr LL 35.0n -T} -T{ -.nr LL 35.0n -Bodily Injury per Person -.br -T} T{ -.nr LL 35.0n -$1,000,000.00 -.br -T} -T{ -.nr LL 35.0n -Bodily Injury per Occurrence -.br -T} T{ -.nr LL 35.0n -2,000,000.00 -.br -T} -T{ -.nr LL 35.0n -Property Damage per Occurrence -.br -T} T{ -.nr LL 35.0n -500,000.00 -.br -T} -T{ -.nr LL 35.0n -Automobile Insurance -T} T{ -.nr LL 35.0n -T} -T{ -.nr LL 35.0n -Bodily Injury per Person -.br -T} T{ -.nr LL 35.0n -$1,000,000.00 -.br -T} -T{ -.nr LL 35.0n -Bodily Injury per Occurrence -.br -T} T{ -.nr LL 35.0n -2,000,000.00 -.br -T} -T{ -.nr LL 35.0n -Property Damage per Occurrence -.br -T} T{ -.nr LL 35.0n -500,000.00 -.br -T} -.TE -.nr LL \n[LLold] -.ad -In no event shall the coverage or amounts be less than those established -as the City\[aq]s liability limits under Oklahoma Governmental Tort -Claims Act, as may be amended from time to time. -.RE -.IP " 2." 4 -The Franchisee shall also provide workers\[aq] compensation coverage as -required by the laws of the State of Oklahoma. -.IP " 3." 4 -All insurance policies shall be with companies licensed to conduct -business in the State of Oklahoma. -.IP " 4." 4 -All insurance policies must name the City as an additional named insured -and no cancellation shall be effective, except upon thirty (30) -days\[aq] written notice to the City, and unless another policy is in -effect on or before the date of cancellation. -.IP " 5." 4 -The insurance coverage, as evidenced by the certificates of insurance -shall be filed and maintained with the City. -.IP " 6." 4 -Franchisee shall provide proof to the City of compliance with this -Section no later than the effective date of the Franchise. -.IP " 7." 4 -In the event the Franchisee fails to maintain the insurance required -herein, the City may, at its option, obtain and keep such insurance in -full force and effect. -The Franchisee shall promptly reimburse the City for such insurance -costs. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_8_INDEMNIFICATION" -A "\c" \ - -- "APPENDIX 2 SECTION 8 INDEMNIFICATION" -\& -.IP " 1." 4 -Except in the event of the City\[aq]s, its employees\[aq] or agents\[aq] -negligence or intentional acts, the Franchisee shall, at its cost and -expense, indemnify, save, hold harmless and defend the City, its -officials, boards, commissions, agents, consultants and employees -against any and all claims, suits, causes of action, demands, penalties, -liabilities, proceedings or judgments for damages or equitable relief -filed by third parties resulting from or arising out of or through: -.RS 4 -.IP " 1." 4 -Franchisee\[aq]s construction, installation, maintenance or operation of -its System. -.IP " 2." 4 -Any processes, or procedures, acts or omissions by Franchisee in -connection with the consideration of an award to Franchisee of a -Franchise and/or any amendments thereto. -.IP " 3." 4 -The conduct of Franchisee\[aq]s business, including without limitation, -any acts or omissions of Franchisee, its servants, employees, or agents, -whether or not such act or omission is authorized, required, allowed or -prohibited by this Ordinance or the Franchise Agreement. -.RE -.IP " 2." 4 -This indemnification shall include all expenses, including but not -limited to out of pocket expenses, reasonable attorneys fees and -litigation expenses incurred by the City in defending itself from such -claims and demands; provided if any action at law or suit in equity is -instituted by a third party (a \[dq]Claim\[dq]) with respect to which -the City intends to seek indemnification under this section, the City -shall promptly notify the Franchisee of such action or suit. -Franchisee shall have the right to conduct and control any Claim through -counsel of its own choosing, but the City may, at its election, -participate in a defense of any such Claim at its sole cost and expense. -.IP " 3." 4 -This indemnification shall also include, but not be limited to, claims -based on invasion of right of privacy, libel, slander, copyright -infringements, defamation, violation of trade name, service mark or -patent rights. -.IP " 4." 4 -In addition to the provisions of paragraph (b) of this Section, nothing -in this section shall prohibit the City from participating in the -defense of any litigation by its own separate counsel at its own costs. -Compliance by Franchisee with these indemnity provisions shall not limit -any other remedies available to the City, at law or equity. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_9_PERFORMANCE_BOND" -A "\c" \ - -- "APPENDIX 2 SECTION 9 PERFORMANCE BOND" -\& -.IP " 1." 4 -The Franchise Agreement may provide that, prior to the initial -commencement of any System construction, upgrade or other work in the -streets or other Public Ways, the Franchisee shall establish and -maintain a performance bond in favor of the City, in an amount specified -in the Franchise Agreement or other authorization as may be necessary to -ensure the Franchisee\[aq]s faithful performance of each term and -condition of this Ordinance, the Franchise Agreement and all applicable -ordinances, statutes, rules or regulations relating to the performance -of any construction, upgrade or other work which is required of the -Franchisee. -.IP " 2." 4 -In the event the Franchisee shall fail to fulfill the obligations as -imposed, or breaches any such obligations, there shall be recoverable, -jointly and severally, from the principal and sureties, any damages or -loss suffered by the City proximately resulting from the failure of the -Franchisee to faithfully perform the provisions of this Ordinance and -the Franchise Agreement, including the cost of removal of property of -Franchisee, the cost of completing the obligations of the Franchisee, -together with reasonable attorneys fees. -.IP " 3." 4 -The Franchise Agreement may provide the amounts, terms and periods of -maintenance of such performance bond. -Upon completion of all construction, upgrade or other work in the -streets or other Public Ways to the satisfaction of the City, the City -may reduce the amount of the bond to an amount determined by the City -sufficient to protect the City in the event of breach. -Bond requirements may be also reasonably increased by the City to secure -additional construction upgrade or other work. -.IP " 4." 4 -Any performance bond required by this Section shall be issued by a -surety authorized to conduct business in the State of Oklahoma. -The performance bond shall contain a restriction prohibiting -cancellation or lapse without thirty (30) days\[aq] written notice to -the City from the surety or issuer of the performance bond of its -intention to cancel or not renew. -.IP " 5." 4 -The performance bond shall be filed and maintained with the City Clerk. -.IP " 6." 4 -The rights available to the City pursuant to the performance bond are in -addition to all other rights and remedies available to the City. -The exercise of any such rights shall not be construed to excuse or -waive unfaithful performance or breach by Franchisee, or limit the -liability of the Franchisee to the City. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_10_MINIMUM_FACILITY_AND_SERVICE" -A "\c" \ - -- "APPENDIX 2 SECTION 10 MINIMUM FACILITY AND SERVICE" -\& -.LP -The following are minimum requirements for facilities and service for -all Franchises granted by the City. -The City may agree in the Franchise Agreement to additional -requirements, where the City and Franchisee determine that additional -requirements are necessary to meet public needs, taking into account the -cost thereof. -.IP " 1." 5 -The System shall be capable of both one-way and two-way transmission and -shall be capable of delivering 110 analog channels. -.IP " 2." 5 -In instances of upgrade, the Franchisee shall exchange, upon request, at -its own expense, existing Converters for Converters capable of receiving -all available channels or services. -.IP " 3." 5 -The Franchisee shall provide, upon written request of the City, one (1) -outlet consisting of all cable channels except pay per view, pay per -program or premium (such as, HBO, Showtime and Cinemax) channels, -without installation or monthly charge to City Hall, fire stations, -police stations, and any other facility owned or occupied by the City, -subject to the buildout requirements set forth in Section 10.5. -.IP " 4." 5 -The Franchisee shall provide the same service set forth in the preceding -paragraph to all Moore public elementary, junior high and high school -facilities located within the City of Moore, subject to the buildout -requirements set forth in Section 10.5. -.IP " 5." 5 -Cable Service shall be available to every dwelling and business within -the City unless residents reside in a remote or relatively inaccessible -area or in annexed areas already served by another cable operator. -The Franchisee will build to these remote and inaccessible areas and -extend service inside the City limits on the following schedule: For -every one-fourth mile of cable plant required to serve a particular -section of the City, ten (10) or more customers must have placed orders -for service. -Expenses associated with the provision of service to businesses beyond -125 feet from an existing subscriber tap shall be at a cost agreed upon -by the Franchisee and such businesses. -.IP " 6." 5 -The Franchisee shall provide a total of two (2) Access Channels as set -forth below: -.RS 5 -.IP " 1." 4 -The Franchisee shall make available for use by the City, free of charge, -one (1) government access channel. -.IP " 2." 4 -The Franchisee shall make available for use by the public educational -institutions, free of charge, one (1) educational Access Channel. -.IP " 3." 4 -The Franchisee shall be allowed to utilize any unused time on the Access -Channels. -.RE -.IP " 7." 5 -The System shall provide leased Access Channels as required by federal -law. -.IP " 8." 5 -To the extent required by applicable law, the System shall be designed -to allow the City to interrupt Cable Service in an emergency or disaster -declared by City Manager or his designee, and if necessary, use such -facilities during the period of emergency or disaster. -This shall include a telephone access system whereby voice announcements -may be made simultaneously over all analog television channels. -This is to be a 24-hour mechanism capable of preempting the sound on all -analog channels. -The mechanism is to be accessible to authorized City or Franchisee -personnel only. -.IP " 9." 5 -The System will provide standby power to be installed at locations as -determined by Franchisee, but shall include back up power at the -headend. -The power system shall be capable of self activation at any time there -is a loss of commercial power. -.IP " 10." 5 -When constructing or reconstructing the System, the Franchisee shall -place all cable, appurtenances, and transmission facilities in -accordance with the following requirements: -.RS 5 -.IP " 1." 4 -Franchisee shall place its cable, appurtenances, and transmission -facilities underground in those areas where transmission and -distribution facilities of the existing telephone company and electric -company are located underground. -.IP " 2." 4 -Franchisee shall promptly move, at its own expense, its cable, -appurtenances, and transmission facilities underground in any area -where, during the term of a franchise, the transmission and distribution -facilities of the existing telephone company and electric company are -moved underground. -.IP " 3." 4 -Where aerial cable is allowed, Franchisee shall not erect any new poles -along any Public Way except as may be reasonably necessary to fill small -gaps in the existing aerial utility systems and only then with approval -of the City, which shall not be unreasonably withheld. -.RE -.IP " 11." 5 -Franchisee shall make no pavement cuts in the installation, maintenance, -or removal of its System, except upon written approval of the City and -upon compliance with the Moore City Code. -.IP " 12." 5 -All signals shall include any closed caption information for the hearing -impaired, as required by the FCC. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_11_SIGNAL_QUALITY_REQUIREMENTS" -A "\c" \ - -- "APPENDIX 2 SECTION 11 SIGNAL QUALITY REQUIREMENTS" -\& -.LP -The Franchisee shall: -.IP " 1." 4 -Produce a picture, whether in black and white or in color, that is -undistorted, and accompanied with proper sound on a typical television -set in good repair. -.IP " 2." 4 -Transmit signals of adequate strength to produce undistorted picture -with proper sound to all outlets without causing cross-modulation, hum -or distortion in the System or otherwise interfering with other -electrical or electronic systems. -.IP " 3." 4 -Demonstrate, upon request and at no expense to the Subscriber, by -instrument or otherwise, that a signal of adequate strength and quality -is being delivered. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_12_TECHNICAL_STANDARDS" -A "\c" \ - -- "APPENDIX 2 SECTION 12 TECHNICAL STANDARDS" -\& -.IP " 1." 4 -The System shall meet or exceed the technical standards set forth in -this Ordinance, the Franchise Agreement, FCC or other applicable local, -federal or state technical standards as may now exist or as hereinafter -amended or adopted. -.IP " 2." 4 -Antennas, supporting structures and outside plant of the System shall be -designed to comply with recommendations of the Electronics Industry on -tower structures and outside plant, and with all federal, state or City -laws, ordinances, or rules or regulations. -.IP " 3." 4 -All construction, installation and maintenance shall comply with -building, electrical codes or other applicable laws adopted by the City -as now existing or as hereinafter amended or adopted. -.IP " 4." 4 -The Franchisee shall, upon the request of the City, perform at its -expense, proof of performance tests designed to demonstrate compliance -with the technical requirements of this Ordinance, the Franchise -Agreement and the then existing FCC requirements, provided, if the City -requests such tests more than annually it shall pay all costs associated -with such test. -.IP " 5." 4 -The System shall not be designed or operated in any manner which will -significantly interfere with any broadcast station, any electrical -system or antennas for reception of television or other broadcast -signals as detailed in the FCC rules regarding signal quality. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_13_ERECTION,_REMOVAL_AND_COMMON_USE_OF_POLES" -A "\c" \ - -- "APPENDIX 2 SECTION 13 ERECTION, REMOVAL AND COMMON USE OF POLES" -\& -.IP " 1." 4 -No poles or other wire-holding structures shall be erected by the -Franchisee without prior approval of the City. -The Franchisee shall have no vested interest in the location of any pole -or wire holding structure. -Such poles or structures shall be removed or modified by Franchisee at -its own expense whenever the City determines that public convenience -would be enhanced thereby. -.IP " 2." 4 -In the event poles or other wire-holding structures are already existing -for use in serving the City and are available for use by the Franchisee, -and the Franchisee does not make arrangements for such use, the City may -require the Franchisee to use such poles or structures, upon reasonable -terms and conditions, if the City determines that the public convenience -would be enhanced thereby, and the terms of the use available to the -Franchisee are just and reasonable. -.IP " 3." 4 -Where a public utility serving the City desires to make use of the poles -or other wire-holding structures of the Franchisee, but an agreement -therefor with the Franchisee cannot be reached, the City may require the -Franchisee to permit such use for such consideration and on such terms -as the City shall determine to be just and reasonable, taking into -account pole rates charged Franchisee by the public utility and the pole -rates established by FCC rules and regulations, if the City reasonably -determines that the use would enhance the public convenience and would -not unduly interfere with operations of the Franchisee. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_14_SAFETY_REQUIREMENTS" -A "\c" \ - -- "APPENDIX 2 SECTION 14 SAFETY REQUIREMENTS" -\& -.IP " 1." 4 -The Franchisee shall at all times employ ordinary care and shall install -and maintain in use commonly accepted methods and devices for preventing -failures and accidents which are likely to cause damage, injuries or -nuisances to the public. -.IP " 2." 4 -The Franchisee shall install and maintain its wires, cable, fixtures and -other equipment in accordance with the National Electrical Safety Code -and the National Electrical Code, as adopted by the City and as the same -may respectively be amended or replaced, and all applicable state and -local laws codes and ordinances. -.IP " 3." 4 -All structures and all lines, equipment, and connections in, over, under -and upon the streets, sidewalks, alleys and Public Ways or places of the -City, wherever situated or located, shall at all times be kept and -maintained in a safe, suitable, substantial condition, and in good -repair. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_15_REMOVAL_OF_FACILITIES_UPON_REQUEST" -A "\c" \ - -- "APPENDIX 2 SECTION 15 REMOVAL OF FACILITIES UPON REQUEST" -\& -.IP " 1." 4 -Upon termination of service by any Subscriber, the Franchisee shall -promptly remove all its facilities and equipment from the premises of -such Subscriber upon his request. -.IP " 2." 4 -The question of ownership of wiring installed inside the residence or -business of a Subscriber shall be determined by the rules promulgated by -the FCC. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_16_SUBSCRIBER_RATES,_CHARGES_AND_REFUNDS" -A "\c" \ - -- "APPENDIX 2 SECTION 16 SUBSCRIBER RATES, CHARGES AND REFUNDS" -\& -.IP " 1." 4 -\f[I]Rate Regulations\f[R]. -.RS 4 -.IP " 1." 4 -The rates and charges made to Subscribers for basic cable television -service and related equipment shall be determined pursuant to the FCC -Rules and Regulations, to the extent applicable. -The Council shall have the authority to regulate such rates and charges -in accordance with the FCC rules and regulations, which are incorporated -by reference. -.RE -.IP " 2." 4 -\f[I]Rate and Charge Limitations\f[R]. -.RS 4 -.IP " 1." 4 -The Franchisee may require Subscribers to pay for Cable Service one -month in advance. -No other advance payment, penalty or deposit other than a late fee -imposed by Section 16(b)(3). -below shall be required by the Franchisee for Cable Service except where -a particular Subscriber has a bona fide credit problem. -.IP " 2." 4 -If in the future the state of Oklahoma regulates the rates of the -Franchisee for the service provided for in a Franchise, this section -shall be of no effect during such state regulation to the extent of any -conflict herewith. -.IP " 3." 4 -Franchisee may charge a fee for the recovery of costs incurred to -collect late payments for Cable Services if the following conditions -have been met: -.RS 4 -.IP " 1." 4 -The subscriber\[aq]s bill sets forth when the fee will be assessed; -.IP " 2." 4 -The fee is not assessed any earlier than the tenth (10th) day after the -due date as reflected on the subscriber\[aq]s bill; and -.IP " 3." 4 -The bill sets forth the amount of the fee. -Any fee imposed by Franchisee that does not exceed $6.00 in Year 2000 -dollars (as adjusted annually for inflation based on the Consumer Price -Index) shall be presumed reasonable to cover the costs associated with -the delinquent payment. -The assessment of a fee pursuant to this section shall not be construed -as a limitation on Franchisee\[aq]s right to charge any other lawful -fees or charges. -.RE -.IP " 4." 4 -Subscribers shall not be charged a late fee or otherwise penalized for -any failure by the Franchisee, its employees, or contractors, to timely -or correctly bill the Subscriber, or fail to properly credit the -Subscriber for a payment timely made. -.RE -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_17_CUSTOMER_SERVICE_REQUIREMENTS" -A "\c" \ - -- "APPENDIX 2 SECTION 17 CUSTOMER SERVICE REQUIREMENTS" -\& -.IP " 1." 4 -The Franchisee shall render efficient service, make repairs promptly, -and interrupt service only for good cause and for the shortest time -possible. -The requirements established in this section shall be deemed minimum -service standards and may be supplemented by terms of the Franchise -Agreement or mutually agreed upon amendments to this Ordinance. -.IP " 2." 4 -All employees of the Franchisee who are involved in field work which -require the employee to enter onto private property shall wear, on the -outside of clothing, a photograph identification badge. -.IP " 3." 4 -Telephone availability requirements may be provided by equipment and -personnel located at the regional office or other offices of the -Franchisee. -Compliance records shall be maintained for the operations within the -City at Franchisee\[aq]s regional office. -.IP " 4." 4 -The Franchisee shall provide a listed local or toll free telephone -number which will be available to Subscribers and members of the public -twenty-four (24) hours a day, seven days a week. -.IP " 5." 4 -The Franchisee shall adhere to the Customer Service Standards mandated -by the FCC, which are incorporated by reference. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_18_POLE_AGREEMENTS;_REGULATIONS" -A "\c" \ - -- "APPENDIX 2 SECTION 18 POLE AGREEMENTS; REGULATIONS" -\& -.IP " 1." 4 -All transmission and distribution structures, and equipment erected by -the Franchisee within the City shall be so located as to cause minimum -interference with the proper use of streets, alleys, and other Public -Ways and places, and to the extent feasible, to cause minimum -interference with the rights and reasonable convenience of property -owners who join any of the said streets, alleys or other Public Ways and -places, while allowing the Franchisee to adequately perform its -requirements under the Franchise. -.IP " 2." 4 -It shall be the responsibility of the Franchisee to obtain the necessary -pole attachment agreements from the City and/or private utility -companies using poles within the City. -.RS 4 -.IP " 1." 4 -Upon request, all pole attachment agreements obtained from public and -private utility companies shall be made available to the City Clerk. -.IP " 2." 4 -All pole attachment agreements with the City shall be negotiated and -approved by the Council. -.RE -.IP " 3." 4 -If, at any time during the period of a Franchise, the City shall -lawfully elect to alter or change the grade of any street, sidewalk, -alley, or other Public Way, the Franchisee, upon reasonable notice by -the City, shall remove, relay, and relocate its poles, wires, cables, -underground conduits, manholes, and other fixtures at its own expense. -.IP " 4." 4 -Any poles or other fixtures placed in any Public Way by the Franchisee -shall be placed in such a manner as not to interfere with the usual -travel on such Public Way. -.IP " 5." 4 -The Franchisee shall, on the request of any Person holding a building -moving permit issued by the City, temporarily raise or lower its -facilities to permit the moving of buildings. -The expense of such temporary removal or raising or lowering of -facilities to permit the moving of buildings shall be paid by the Person -requesting the same, and the Franchisee shall have the authority to -require such payment in advance. -The Franchisee shall be given not less than seven (7) days\[aq] advance -notice to arrange for such temporary facility changes. -.IP " 6." 4 -A Franchisee shall not place its facilities, equipment or fixtures where -they will unduly interfere with public utility facilities or equipment, -nor obstruct or hinder the service of such utilities to the residents. -.IP " 7." 4 -The City may issue such rules and regulations concerning the -installation and maintenance of the System as may be consistent with -this Ordinance, the Franchise Agreement and applicable law. -.IP " 8." 4 -Upon completion of any work, the Franchisee shall restore all property -to its former condition. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_19_RESERVATION_OF_RIGHTS" -A "\c" \ - -- "APPENDIX 2 SECTION 19 RESERVATION OF RIGHTS" -\& -.IP " 1." 4 -The right is hereby reserved to the Council to adopt, in addition to the -provisions contained herein and in existing applicable ordinances, such -additional regulations as it shall find necessary in the exercise of its -lawful police powers or powers granted to the City by federal or state -law. -However, such regulation, by ordinance or otherwise, shall be -reasonable, of general applicability, and not in conflict with the -material rights herein granted. -.IP " 2." 4 -The City shall have the right to inspect the books, records, maps, -plans, and other like materials of the Franchisee reasonably necessary -to enforce any Franchise granted hereunder, at any time upon reasonable -written notice and during Normal Business Hours. -.IP " 3." 4 -The City shall have the right, during the life of a Franchise, to -install and maintain for a fee, upon the poles of the Franchisee any -wire and pole fixtures that do not interfere with the System of the -Franchisee. -.IP " 4." 4 -The City shall have the right to inspect all construction or -installation work performed, within public ways subject to the -provisions of this nonexclusive Franchise and other pertinent provisions -of the state and local law. -In the event City inspection(s) reveal(s) that the Franchisee has -failed, in the City\[aq]s reasonable judgment, to fulfill its obligation -under the terms of this nonexclusive Franchise, the City shall notify -the Franchisee, in writing, of its specific deficiencies. -Absent commencement of corrective action or filing of a request for -review before the City Council by the Franchisee within thirty (30) days -of receipt of said notification, the City may undertake the necessary -repairs or restoration at the Franchisee\[aq]s sole expense. -.IP " 5." 4 -At the expiration of the term for which a Franchise is granted, or upon -its termination as provided herein, and absent a Franchise renewal, the -Council may require the Franchisee to continue operations for a period -not to exceed six (6) months from the date of the Council\[aq]s -decision. -In the event of non-renewal of the Franchise, the Franchisee shall have -one hundred eighty (180) days from the date it ceases operations to -remove, at its own expense, all portions of its System from all Public -Ways within the City and to restore said Public Ways to a condition -reasonably satisfactory to the City taking into account normal wear and -tear. -.IP " 6." 4 -Upon the non-renewal of a Franchise as provided for herein, the City, at -its election, and upon the payment of a sum equal to the fair market -value to the Franchisee as provided by Subsection (G), shall have the -right to purchase and take over the System in its entirety. -Upon the exercise of this option and the payment of the above sum by the -City and its service of an official notice of such action upon the -Franchisee, the Franchisee shall immediately transfer to the City -possession and title to all facilities and property, real and personal, -of the System, free from any and all liens and encumbrances not agreed -to be assumed by the City in lieu of some portion of the purchase price -set forth above; and the Franchisee shall execute such warranty deeds or -other instruments of conveyance to the City as shall be necessary for -this purpose. -.IP " 7." 4 -Upon the exercise of the option by the City to purchase and take over -the System in its entirety, the fair market value to the Franchisee of -the System shall be determined by three (3) disinterested parties, one -of such parties to be selected by the City, another to be selected by -the Franchisee, and the two (2) parties so selected shall mutually agree -upon a third party. -When all three (3) parties have been selected, they shall proceed to -appraise the System and determine the fair market value of the System as -a going concern, but with no value allocated to the Franchisee itself, -which determination shall be binding upon the City and the Franchisee. -In the event the two (2) parties selected by the City and Franchisee are -unable to agree upon a third party, then the presiding District Judge of -Cleveland County, Oklahoma, or his designee shall serve as the third -party. -The party selected by the City shall be with approval of the Council. -However, if the City no longer desires to acquire the System after its -value is determined, the City may, without penalty or waiver of future -rights to acquire the System, abandon its intention to acquire the -System. -The cost of the appraisal shall be shared equally between the City and -Franchisee. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_20_OWNERSHIP_OF_FACILITIES" -A "\c" \ - -- "APPENDIX 2 SECTION 20 OWNERSHIP OF FACILITIES" -\& -.LP -A Franchisee shall at all times be the full and complete owner of all -facilities and property, real and personal, of the System, except for -customer premises equipment, unless mortgaged, leased, or pledged. -.PP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_21_DISCRIMINATION_PROHIBITED" -A "\c" \ - -- "APPENDIX 2 SECTION 21 DISCRIMINATION PROHIBITED" -\& -.IP " 1." 4 -A Franchisee shall have a rate structure which is uniform throughout its -Cable Service Area to the extent required by applicable law. -.IP " 2." 4 -No Franchisee may in its rates or charges, or in the availability of the -services or facilities of its System, or in any other respect, make or -grant undue preferences or advantages to any Subscriber, potential -Subscriber, or group of Subscribers or potential Subscribers, nor -subject any such Persons or group of Persons to any undue prejudice or -any disadvantage; provided, however, a Franchisee may offer discounts or -promotions in order to attract or maintain Subscribers provided that -such discounts or promotions are offered on a non-discriminatory basis. -A Franchisee shall not deny, delay, or otherwise burden service or -discriminate against Subscribers or users on the basis of age, race, -creed, religion, color, sex, handicap, national origin, marital status, -or political affiliation, except for discounts for the senior citizens, -handicapped, or economical disadvantaged group which are applied in a -uniform and consistent manner. -.IP " 3." 4 -A Franchisee shall not deny Cable Service to any potential Subscriber -because of the income of the residents of the area in which the -Subscriber resides. -.IP " 4." 4 -A Franchisee shall not refuse to employ, nor discharge from employment, -nor discriminate against any Person in compensation or in terms, -conditions or privileges of employment because of age, race, creed, -religion, color, sex, handicap, national origin, marital status, or -political affiliation. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_22_LIQUIDATED_DAMAGES" -A "\c" \ - -- "APPENDIX 2 SECTION 22 LIQUIDATED DAMAGES" -\& -.IP " 1." 4 -Because failure of the Franchisee to comply with the material provisions -of this Franchise may result in injury to the City, the extent of which -will be difficult to estimate, the following liquidated damages shall -apply to the injury specified: -.RS 4 -.IP " 1." 4 -For failure to substantially complete construction or rebuild in -accordance with this Ordinance or the Franchise Agreement, Franchisee -shall pay Two Hundred Fifty Dollars ($250.00) a day for each day or -portion thereof the violation occurs or continues. -.IP " 2." 4 -For repeated failure to timely provide data, documents, reports or -information as required, Franchisee shall pay Two Hundred Fifty Dollars -($250.00) per day or a portion thereof, if the violation occurs or -continues. -.IP " 3." 4 -For repeated violation of subscriber service standards, Franchisee shall -pay Fifty Dollars ($50.00) per day, or a portion thereof, if the -violation occurs or continues. -.IP " 4." 4 -For failure to comply with technical and System requirements, Franchisee -shall pay One Hundred Dollars ($100.00) per day, or a portion thereof, -if the violation occurs or continues. -.IP " 5." 4 -For failure to comply with any other material provision of this -Ordinance or the Franchise Agreement the Franchisee shall pay One -Hundred Fifty Dollars ($150.00) per day, or a portion thereof, if the -non-compliance continues. -.IP " 6." 4 -For willful failure to comply with lawful orders or directives of the -City, Franchisee shall pay One Hundred Dollars ($100.00) per day, or a -portion thereof, if the non-compliance continues. -.RE -.IP " 2." 4 -Prior to the imposition of any liquidation damages by the City, the City -shall comply with the procedures set forth in Section 23, below. -.IP " 3." 4 -Payment of such damages shall not relieve the Franchisee of its -obligation to comply with the terms of the Franchise. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_23_FRANCHISE_DEFAULT_AND_ENFORCEMENT_REMEDIES" -A "\c" \ - -- "APPENDIX 2 SECTION 23 FRANCHISE DEFAULT AND ENFORCEMENT REMEDIES" -\& -.IP " 1." 4 -In the event Franchisee violates or is in default of the material -provisions of this Ordinance or the Franchise Agreement, the City shall -notify the Franchisee in writing of the exact nature of the alleged -violation or default. -.IP " 2." 4 -Franchisee shall have thirty (30) days from the receipt of a written -notice of default to: (a) respond contesting the alleged assertion of -default, or (b) cure such default or, in the event that, by the nature -of the default, such default cannot be cured within the thirty (30) day -period, institute reasonable steps to remedy such default and notify the -City or Council of the steps being taken and the projected date of -compliance. -.IP " 3." 4 -In the event the Franchisee contests the assertion of a default or fails -to respond to a notice of default or the alleged default is not remedied -or remedy commenced within the time required, the Council shall schedule -a hearing to investigate the default. -The Council shall notify the Franchisee of the time and place of such -hearing and provide Franchisee with a full and fair opportunity to -present witnesses and other evidence and be heard. -.IP " 4." 4 -In the event the Council, after such hearing, finds or determines that -the Franchisee has violated or is otherwise in default of a material -provision of this Ordinance or the Franchise Agreement, which for -purposes of subparagraph (d)(3) below shall be a finding of a default of -such material provision of this Ordinance or the Franchise Agreement, -the City shall have the right to seek one of the following remedies: -.RS 4 -.IP " 1." 4 -Order Franchisee to cure default; or -.IP " 2." 4 -Impose liquidated damages or penalties as provided in this Ordinance or -the Franchise Agreement which shall be paid within five (5) business -days following such imposition. -Payment of liquidated damages shall not relieve Franchisee of its -obligation to comply with Franchise requirements; or -.IP " 3." 4 -Revoke or terminate the Franchise following the procedures specified in -this Ordinance. -.RE -.IP " 5." 4 -In addition to such remedies, the City reserves to itself all other -remedies which may be available at law or equity and may seek such -relief from any court of competent jurisdiction. -.IP " 6." 4 -Failure of the City to exercise its rights of enforcement for any -violation by Franchisee shall not be deemed a waiver of the City to -enforce any Franchise requirement or to seek appropriate enforcement -remedies for subsequent violations of any nature. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_24_FRANCHISE_FEE" -A "\c" \ - -- "APPENDIX 2 SECTION 24 FRANCHISE FEE" -\& -.IP " 1." 4 -As compensation for the use of valuable Public Ways and privileges -granted to operate a System, and to defray the cost of the regulation, -Franchisee shall pay to the City a Franchise fee of Franchisee\[aq]s -Gross Revenues received from the operation of its System to provide -Cable Service within the City, based on the following schedule: -.RS 4 -.IP " 1." 4 -Three percent (3%) for revenue through December 31, 2003; -.IP " 2." 4 -Four percent (4%) for revenue from January 1, 2004, through December 31, -2005; and -.IP " 3." 4 -Five percent (5%) for revenue on and after January 1, 2006. -.RE -.IP " 2." 4 -The Franchise fee shall be payable to the City on a monthly basis and -shall be due no later than forty five (45) days after the end of the -month for which the Franchise fee is being calculated. -.IP " 3." 4 -In the event the Franchise fee payment is not received by the City on -the due date, the Franchisee shall be assessed interest on any -delinquency from the due date until paid in full at the rate of ten -percent (10%) per annum. -In the event any Franchise fee shall be delinquent for more than 90 -days, the Franchisee shall, after 10 days\[aq] written notice from the -City, be deemed in material default and subject to the provisions of -this Ordinance regarding termination of a Franchise. -.IP " 4." 4 -The Franchisee shall submit with each payment a report showing the -amount of Gross Revenues for the preceding quarter on which the -Franchise fee is determined. -Additionally, Franchisee shall submit to the City an annual revenue -audit statement within three (3) months of the close of the fiscal year, -setting forth the computation of Gross Revenues for the preceding year -and an explanation of the method of computation. -The required reports and annual revenue audit statement shall be -prepared at the expense of the Franchisee on forms reasonably acceptable -to the City and certified by the Franchisee\[aq]s chief financial -officer or authorized designee. -The same reports shall be due within ninety (90) days of the termination -of the Franchise. -.IP " 5." 4 -Except as otherwise provided in the Cable Act and FCC Regulations, all -payments required by this section shall be in addition to all other fees -and payments required to be made by Franchisee to the City. -.IP " 6." 4 -Acceptance by the City of any payment shall not be construed as an -accord or satisfaction that such payment is correct, nor shall -acceptance be construed as a release of any claim the City may have for -additional sums which may be due. -.IP " 7." 4 -The City shall have the right, at its cost and upon reasonable notice, -to inspect and audit all books and records of the Franchisee which may -be necessary for the determination of Gross Revenues and computation of -Franchise fees due, such audit period not to exceed the prior 3 years. -If it is finally determined that Franchise fees have been underpaid in -an amount in excess of ten percent (10%), the cost of audit shall be -paid by the Franchisee. -The books and records necessary for such audit shall be maintained by -the Franchisee at Franchisee\[aq]s Regional office. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_25_RENEWAL_OF_FRANCHISE" -A "\c" \ - -- "APPENDIX 2 SECTION 25 RENEWAL OF FRANCHISE" -\& -.LP -Renewal of a Franchise shall be conducted in a manner consistent with -Franchise renewal provisions of the Cable Act, including without -limitations Sections 626 and 627 of the Cable Act as may be amended, and -to the extent consistent therewith, the following additional -requirements shall apply: -.IP " 1." 4 -Should the formal renewal process set forth in the Cable Act be invoked, -the City shall, upon completion of the review and evaluation process, -notify the Franchisee that it may file a renewal Application. -The notice shall specify the information to be included in the renewal -Application and the deadline for filing the Application, which shall be -no earlier than sixty (60) calendar days following the date of the -notice. -Upon receipt of the renewal Application, the City shall publish notice -of its receipt and make copies available to the public. -The City may hold one or more public hearings on the renewal -Application. -.IP " 2." 4 -At the conclusion of the public hearings on the renewal Application, the -Council will either: -.RS 4 -.IP " 1." 4 -Pass a resolution agreeing to renew the Franchise, subject to the -negotiation of a Franchise Agreement reasonably satisfactory to the City -and the Franchisee; or -.IP " 2." 4 -Pass a resolution that makes a preliminary assessment that the Franchise -should not be renewed. -.RE -.IP " 3." 4 -If a preliminary assessment is made that a Franchise should not be -renewed, at the request of the Franchisee or on its own initiative, the -City will commence a proceeding, in accordance with the appropriate -sections of the Cable Act, to address the issues set forth in the Cable -Act. -.IP " 4." 4 -The City and Franchisee may engage in informal renewal discussions at -any time prior to or during the formal renewal process. -Any request to initiate a renewal process or proposal for renewal not -submitted within the time period set forth in the Cable Act, shall be -deemed an informal proposal for renewal. -The City may hold one or more public hearings or implement other -procedures under which comments from the public on an informal proposal -for renewal may be received. -Following such public hearings or other procedures, the Council shall -determine whether the Franchise should be renewed and the terms and -conditions of any renewal. -.IP " 5." 4 -If the Council grants a renewal Application, the City and the Franchisee -shall agree on the terms of a Franchise Agreement, and comply with the -procedures specified in this Ordinance, before such renewal becomes -effective. -.IP " 6." 4 -If renewal of a Franchise is denied, the City may acquire ownership of -the System as provided in this Ordinance or the Franchise Agreement, or -at the request of the Franchisee, effect a transfer of ownership of the -System to another Person upon approval of the Council. -Any such acquisition or transfer shall be at fair market value, -determined on the basis of the System valued as a going concern. -.IP " 7." 4 -If renewal of a Franchise is denied and the City does not purchase the -System or approve or effect a transfer of the System to another Person, -the City may require the former Franchisee to remove its facilities and -equipment at the former Franchisee\[aq]s expense. -If the former Franchisee fails to do so within a 6 month period of time, -the City may have the removal done at the former Franchisee\[aq]s and/or -surety\[aq]s expense. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_26_TRANSFER_OF_A_FRANCHISE" -A "\c" \ - -- "APPENDIX 2 SECTION 26 TRANSFER OF A FRANCHISE" -\& -.IP " 1." 4 -No Transfer of a Franchise shall occur without prior approval of the -City, which shall not be unreasonably withheld, conditioned or delayed. -.IP " 2." 4 -An Application for a Transfer of a Franchise shall provide complete -information on the proposed transaction, including details on the legal, -financial and technical qualifications of the transferee, to the extent -required by FCC rules. -.IP " 3." 4 -At least one hundred and twenty (120) calendar days prior to the -contemplated effective date of a Transfer, Franchisee shall submit to -the City an Application, together with any required FCC transfer forms, -for approval of the Transfer. -To the extent consistent with FCC rules, such Application and/or the FCC -forms shall include the following: -.RS 4 -.IP " 1." 4 -A statement of the reason for the contemplated transfer. -.IP " 2." 4 -The name, address and telephone number of the proposed transferee. -.IP " 3." 4 -A detailed statement of the corporate or other business entity -organization of the proposed transferee, including but not limited to -the following: -.RS 4 -.IP " 1." 4 -The names, business addresses, state of residence and country of -citizenship of all general partners and corporate officers of the -proposed transferee. -.IP " 2." 4 -The names, business addresses, state of residence and country of -citizenship of all Persons and entities having, controlling, or being -entitled to have or control ten percent (10%) or more of the ownership -of the proposed transferee and the respective ownership share of each -such Person or entity. -.IP " 3." 4 -The names and addresses of any parent or subsidiary of the proposed -transferee and of any other business entity owning or controlling in -whole or in part or owned or controlled in whole or in part by the -proposed transferee. -.IP " 4." 4 -A detailed and complete financial statement, or annual report, of the -proposed transferee, or a letter or other acceptable evidence in writing -from the proposed transferee\[aq]s lending institution or funding -source, addressed to both the proposed transferee and the City, setting -forth a clear statement of its intent as a lending institution or -funding source to provide whatever capital shall be required by the -proposed transfer to construct, install, maintain and operate the -proposed System in the City. -.IP " 5." 4 -A detailed description of all previous experience of the proposed -transferee in operating Systems and providing Cable Services or related -or similar services, including a statement identifying, by place and -date, any other cable Franchise(s) awarded to the proposed transferee, -its parent, subsidiaries, or affiliates currently operating or in the -status of transfer; the status of said Franchise(s) with respect to -completion thereof. -.IP " 6." 4 -Other information the City may reasonably request consistent with FCC -regulations. -.RE -.RE -.IP " 4." 4 -In making a determination on whether to grant an Application for a -Transfer of a Franchise, the City Council, in good faith, shall consider -the legal, financial and technical qualifications of the transferee to -operate the System; whether the incumbent Franchisee is in material -compliance with its Franchise Agreement and this Ordinance and, if not, -the Franchisee\[aq]s or proposed transferee\[aq]s commitment to cure -such material noncompliance. -.IP " 5." 4 -No Application for a Transfer of a Franchise shall be granted unless the -transferee agrees in writing that it will abide by and accept all terms -of this Ordinance and the Franchise Agreement, and that it will assume -the obligations and liabilities of the previous Franchisee under this -Ordinance and the Franchise Agreement. -.IP " 6." 4 -Approval by the City of a Transfer of a Franchise does not constitute a -waiver or release of any of the rights of the City under this Ordinance -or the Franchise Agreement, whether arising before or after the date of -the transfer. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_27_MAPS,_REPORTS_AND_RECORDS" -A "\c" \ - -- "APPENDIX 2 SECTION 27 MAPS, REPORTS AND RECORDS" -\& -.IP " 1." 4 -A Franchisee shall, within One Hundred Twenty (120) days of the -execution of the Franchise Agreement, make available a map of the City -showing the proposed construction schedule of the Franchisee. -A Franchisee shall also, upon request, make available with the City -Engineer a \[dq]route\[dq] map of the existing System. -The maps shall be updated any time route changes are made in the System. -.IP " 2." 4 -The City reserves the right to review complete detailed maps of the -Franchisee\[aq]s network on an as needed basis at the Regional office of -the Franchisee. -The City and its designees agree that information listed on the detailed -maps is considered proprietary, and subject to non-disclosure to outside -parties pursuant to confidentiality provisions of this Ordinance. -.IP " 3." 4 -A Franchisee shall, upon request, file with the City an annual report -reflecting the cable activities concerning the City that includes the -following information: -.RS 4 -.IP " 1." 4 -A summary of the immediate past year\[aq]s activities of the System, -including for example, service initiated or discontinued, number of -Subscribers, homes passed, miles of cable, a comparison of construction -schedules, including upgrades, with projections previously provided the -City, and a showing of any change in charges or rates. -.IP " 2." 4 -A summary of Subscriber or consumer complaints, identifying the types of -the complaints and the disposition. -Where the complaints involve recurrent system problems, the summary -shall state the nature of such problems and corrective measures taken. -The City may require additional information. -.IP " 3." 4 -If the Franchisee is a corporation, a list of all officers and members -of the board of directors. -If the stock or ownership interests of the corporation or any parent -corporation are publicly traded, a copy of its most recent annual report -shall be provided, together with the most recent financial reports filed -with the Securities and Exchange Commission. -.IP " 4." 4 -If the Franchisee is a partnership, a list of the partners, including -limited partners and their addresses. -If the general partner is a corporation, a list of officers and members -of the board of directors of the corporate general partners. -Where such ownership interests are publicly traded, a copy of its most -recent annual report. -.IP " 5." 4 -If the Franchisee is a Limited Liability Company or similar legal -entity, a list of members and their addresses. -Where ownership of such entity is publicly traded, a copy of the most -recent annual report. -.IP " 6." 4 -A copy of the Franchisee\[aq]s rules and regulations applicable to -Subscribers and customers of the System. -.IP " 7." 4 -A report indicating the types of discounts and promotions offered in the -prior year. -.IP " 8." 4 -A detailed description of all services and a schedule of all rates, fees -and charges for all such services, including discounts and promotions. -.RE -.IP " 4." 4 -In order to assure full disclosure, a Franchisee shall keep on file with -the City Clerk, at least annually, a current list of officers, directors -and the names of all partners or known stockholders holding 10 percent -(10%) or more ownership in the Franchisee or any parent corporation. -.IP " 5." 4 -A Franchisee shall maintain all books and records and supporting data -for information in the annual report available for inspection by the -City for purposes of ascertaining compliance with requirements of this -Ordinance or Franchise Agreement. -.IP " 6." 4 -Franchisee shall maintain a complete set of books and records, including -plans, contracts, engineering, accounting, financial, statistical, -Subscriber and service records for operations at its Regional office. -The records shall be provided in a manner to permit complete inspection -of the records of the Moore operation. -.IP " 7." 4 -The City shall have the right to inspect at Franchisee\[aq]s Regional -office the books, maps and records specified in this Ordinance and such -other records as may be reasonably required by the City to perform its -regulatory responsibilities under the Ordinance and the Cable Act. -The City agrees to carry out any such inspection at reasonable hours and -upon reasonable notice. -Access by the City to Franchisee\[aq]s books and records shall not be -denied on grounds that such books and records contain proprietary or -confidential information, provided, the City agrees to maintain the -confidentiality of any such information. -.IP " 8." 4 -The City shall accord all books, maps and records that it inspects under -this Section the maximum degree of confidentiality such books, maps and -records are entitled to under this Ordinance, federal or state law. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_28_ADMINISTRATION" -A "\c" \ - -- "APPENDIX 2 SECTION 28 ADMINISTRATION" -\& -.IP " 1." 4 -The City Manager, either directly or through a duly appointed designee, -shall have the responsibility for overseeing the day-to-day -administration of this Ordinance and Franchise Agreements. -The City Manager shall be empowered to take all administrative actions -on behalf of the City, except for those actions specified in this -Ordinance that are reserved to the Council. -The City Manager may recommend that the Council take certain actions -with respect to the Franchise. -The City Manager shall keep the Council apprised of developments in -cable and provide the Council with assistance, advice and -recommendations as appropriate. -.IP " 2." 4 -A Franchisee shall have the right to appeal to the Council any decision -of the City Manager relating to such Franchisee or its Franchise -Agreement. -Such appeal must be made by written request within fifteen (15) calendar -days of the City Manager\[aq]s written decision which the Franchisee -seeks to appeal. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_29_SUBSCRIBER_PRIVACY" -A "\c" \ - -- "APPENDIX 2 SECTION 29 SUBSCRIBER PRIVACY" -\& -.IP " 1." 4 -A Franchisee shall protect the privacy of all Subscribers pursuant to -the provisions of the Cable Act. -A Franchisee shall not condition Subscriber service on the -Subscriber\[aq]s grant of permission to disclose information which, -pursuant to local, federal or state law, cannot be disclosed without the -Subscriber\[aq]s explicit consent. -.IP " 2." 4 -Except as permitted by Federal law the Franchisee, its agents and -employees shall not, without the prior and specific written -authorization of Subscriber involved, sell, or otherwise make available -for commercial purposes personally identifiable information of any -Subscriber or Subscribers, or any information which identifies the -individual viewing habits of any Subscriber or Subscribers. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_30_COMPLIANCE_WITH_FCC_REGULATIONS_AND_STANDARDS" -A "\c" \ - -- "APPENDIX 2 SECTION 30 COMPLIANCE WITH FCC REGULATIONS AND STANDARDS" -\& -.IP " 1." 4 -A Franchisee shall comply with all FCC rules, regulations and technical -standards adopted by the FCC which pertain to the operation of the -System. -.IP " 2." 4 -A Franchisee shall maintain at its city or regional office, and make -available for the public inspection, copies of all reporting forms -required to be filed by the FCC, including but not limited to FCC forms -325 and 395-A. -A Franchisee shall provide the City a copy of all such reports, upon -request, within thirty (30) days of the City\[aq]s request. -.IP " 3." 4 -A Franchisee shall file with the City, upon request, copies of all -complaints, petitions, communications, and orders filed with or received -from the FCC, SEC, EEOC, FAA or other federal or state regulatory -commissions or agencies having jurisdiction over the Franchisee and its -operation of a System. -In addition, the Franchisee shall provide the same information on all -lawsuits or proceedings in which the Franchisee is a named party and the -proceedings, litigation or filing involves the Franchisee\[aq]s -operations within the City. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_31_COMPLIANCE_WITH_APPLICABLE_LAWS_AND_ORDINANCES" -A "\c" \ - -- "APPENDIX 2 SECTION 31 COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES" -\& -.IP " 1." 4 -A Franchise granted hereunder shall be subject to all applicable -provisions of the laws of the United States, the State of Oklahoma and -City ordinances, and any amendments thereto. -.IP " 2." 4 -The Franchisee shall, at all times during the life of a Franchise, be -subject to all lawful powers of the State of Oklahoma and the City and -to such reasonable regulations of general applicability as the State and -City shall hereafter provide. -.IP " 3." 4 -The Franchisee shall conform to all zoning and platting requirements of -the City prior to the commencement of any and all construction work. -.IP " 4." 4 -The Franchisee shall obtain building permits for all buildings -constructed, pay all building permit fees, tap charge fees, and all -other fees as required by the ordinances of the City and at the rates -that are in full force and effect at the time of Application for -building permits. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_32_REVOCATION_OR_TERMINATION_OF_FRANCHISE" -A "\c" \ - -- "APPENDIX 2 SECTION 32 REVOCATION OR TERMINATION OF FRANCHISE" -\& -.IP " 1." 4 -In addition to all other rights and powers pertaining to the City by -virtue of a Franchise or otherwise, the City reserves the right to -revoke, terminate and cancel the Franchise and all rights and privileges -of the Franchisee hereunder in the event that the Franchisee: -.RS 4 -.IP " 1." 4 -Violates any material provision of this Ordinance or a Franchise -Agreement, or any material rule, order, or determination of the Council -made pursuant to this Ordinance or the Franchise Agreement, except where -such violation is without fault or through excusable neglect. -.IP " 2." 4 -Executes an assignment for the benefit of creditors or is a party to an -appointment of a receiver or trustee to control the business of the -Franchisee, whether in a receivership, reorganization bankruptcy, or -other action or proceeding which indicate the Franchisee is insolvent or -unable to pay its debts as they accrue; provided, if such assignee, -receiver or trustee executes an agreement, approved by the court having -jurisdiction, assuming and agreeing to be bound by the terms and -condition of this Ordinance and the Franchise Agreement the Council may -approve the continuation of the Franchise during such appointment. -.IP " 3." 4 -Practices any finally adjudicated fraud or deceit upon the City or its -citizens. -.IP " 4." 4 -Disposes of any of the facilities or property of its System to prevent -the City from purchasing same, as provided for herein. -.IP " 5." 4 -Is a party to foreclosure or other judicial sale of facilities, -equipment or property of Franchisee unless the City approves the -transfer of the Franchise to the successful bidder in accordance with -the provisions of this Ordinance and the successful bidder agrees with -the City to be bound by this Ordinance and the Franchise Agreement. -.RE -.IP " 2." 4 -Upon the occurrence of any event in this section or any other section -providing for termination, the City Manager shall make written demand by -registered mail that the Franchisee correct or cure such default. -If the Franchisee fails, refuses or neglects to comply or commence -compliance with the demand which is within the control of the Franchisee -for a period of thirty (30) days following receipt of such written -demand, the City Manager may place a request for revocation of the -Franchise on a regular or special Council meeting agenda. -The City Manager shall cause to be served upon the Franchisee, at least -ten (10) days prior to the date of such Council meeting, a written -notice of his intent to request such revocation, and the time and place -of the meeting. -.IP " 3." 4 -The Council shall consider the request of the City Manager and shall, -after notice, hear any Persons interested therein, including giving the -Franchisee a full and fair opportunity to be heard, and shall determine, -in its discretion, after due consideration of any and all evidence -presented, whether or not any failure, refusal or neglect by the -Franchisee constitutes cause for revocation of the Franchise. -Subject to applicable federal and state law, in the event the City, -after such hearing, determines that Franchisee is in default of any -material provision of this Ordinance or the Franchise Agreement, the -City may: -.RS 4 -.IP " 1." 4 -Commence an action at law for monetary damages or seek other equitable -relief; -.IP " 2." 4 -Declare the Franchise to be terminated; or -.IP " 3." 4 -Seek specific performance of any provision, which reasonably lends -itself to such remedy, as an alternative to damages or termination of -the Franchise. -The Franchisee shall not be relieved of any of its obligations to comply -promptly with any provision of the Franchise by reason of any failure of -the City to enforce prompt compliance. -Franchisee may appeal any determination of the City that Franchisee is -in default to any court of competent jurisdiction. -.RE -.IP " 4." 4 -The Franchisee shall not be held in default with any provision of its -Franchise or this Ordinance, nor suffer any enforcement or penalty -relating thereto, where such alleged default is caused by acts of God, -power outages, or other events reasonably beyond the power of the -Franchisee to control. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_33_PERIODIC_REVIEWS" -A "\c" \ - -- "APPENDIX 2 SECTION 33 PERIODIC REVIEWS" -\& -.IP " 1." 4 -During the ninety (90) day period which commences on every five year -anniversary date of the effective date of a Franchise, the City may -commence a review of the System to determine the technological and -economic feasibility of incorporating new technology into the design -and/or upgrading channel capacity for the System; to review Subscriber -service standards; to review the performance of the Franchisee as to -compliance with the terms and conditions of its obligations under this -Ordinance and the Franchise Agreement and to correct any defaults; to -conduct inquiries into any issue deemed pertinent to the review by the -Council; to review PEG channel use; the Franchise System design; and, if -the FCC rules and regulations are eliminated and not replaced, to review -and require standards as may be necessary. -.IP " 2." 4 -A Franchisee shall provide the City with such records and information -which may be reasonably necessary to conduct the review. -.IP " 3." 4 -In the event the City commences a review of the System as provided in -paragraph (a) of this Section 33, the City shall conduct public hearings -to provide Franchisee and the public the opportunity to comment on the -issues which are to be considered in said review, and shall consider -whether a change in the Franchise requirements is appropriate to meet -the reasonable cable related needs and interests of the community, after -considering the costs of meeting those needs and interests. -.IP " 4." 4 -At the conclusion of each performance evaluation, which shall be no -later than ninety (90) days following commencement of the review, the -City shall advise the Franchisee of any defaults or any obligations of -the Franchisee and the requirements to cure as provided in this -Ordinance. -Further, the City may submit recommendations to the Franchisee for -action to improve Cable Service. -The City and the Franchisee may agree on changes in the Franchise -Agreement necessary to correct problems existing at the time of the -review. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_34_DESCRIPTIVE_HEADINGS" -A "\c" \ - -- "APPENDIX 2 SECTION 34 DESCRIPTIVE HEADINGS" -\& -.LP -The headings of the sections of this Ordinance are descriptive only. -.PP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_35_CHOICE_OF_LAW,_VENUE_AND_ATTORNEYS_FEES" -A "\c" \ - -- "APPENDIX 2 SECTION 35 CHOICE OF LAW, VENUE AND ATTORNEYS FEES" -\& -.IP " 1." 4 -Except as otherwise provided herein, this Ordinance and any Franchise -Agreement shall be governed by the laws of the State of Oklahoma. -The District Court of Cleveland County and the United States Court for -the Western District of Oklahoma shall have venue and jurisdiction -exclusively for any action in law or equity which may be instituted to -enforce the terms of this Ordinance, the Franchise Agreement or other -applicable laws, rules and regulation. -.IP " 2." 4 -If any legal action is instituted by either party to enforce any terms -of this Ordinance or the Franchise Agreement, the attorney fees, costs -of the action including, but not limited to, court costs, expert witness -fees and all other actual expenses incurred by the prevailing party, -shall be paid by the losing party. -.LP -(Ord. -No. -398(02), 12-16-2002) -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_3_GAS_FRANCHISE" -A "\c" \ - -- "APPENDIX 3 GAS FRANCHISE" -\& -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_1_DEFINITIONS" -A "\c" \ - -- "SECTION 1 DEFINITIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_2_GRANT_OF_FRANCHISE" -A "\c" \ - -- "SECTION 2 GRANT OF FRANCHISE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_3_FRANCHISE_ASSIGNMENT,_SALE_OR_LEASE" -A "\c" \ - -- "SECTION 3 FRANCHISE ASSIGNMENT, SALE OR LEASE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_4_USE_AND_REPAIR_OF_THE_PUBLIC_WAYS" -A "\c" \ - -- "SECTION 4 USE AND REPAIR OF THE PUBLIC WAYS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_5_REGULATION_OF_SERVICE" -A "\c" \ - -- "SECTION 5 REGULATION OF SERVICE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_6_DEPTH_OF_PIPELINES" -A "\c" \ - -- "SECTION 6 DEPTH OF PIPELINES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_7_DUTY_TO_MOVE_OR_ALTER_LINES" -A "\c" \ - -- "SECTION 7 DUTY TO MOVE OR ALTER LINES" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_8_INDEMNIFICATION_OF_GRANTOR" -A "\c" \ - -- "SECTION 8 INDEMNIFICATION OF GRANTOR" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_9_GRANTEE%E2%80%99S_RULES_AND_REGULATIONS" -A "\c" \ - -- "SECTION 9 GRANTEE\[cq]S RULES AND REGULATIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_10_INSPECTION_OF_RECORDS" -A "\c" \ - -- "SECTION 10 INSPECTION OF RECORDS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_11_CONSIDERATION_FOR_FRANCHISE:_FRANCHISE_FEE" -A "\c" \ - -- "SECTION 11 CONSIDERATION FOR FRANCHISE: FRANCHISE FEE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_12_CONDITIONS_OF_FRANCHISE" -A "\c" \ - -- "SECTION 12 CONDITIONS OF FRANCHISE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_13_INVALIDITY_OF_ORDINANCE" -A "\c" \ - -- "SECTION 13 INVALIDITY OF ORDINANCE" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_14_ELECTION_REQUIRED" -A "\c" \ - -- "SECTION 14 ELECTION REQUIRED" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_15_ACCEPTANCE,_OPERATIVE_AND_EFFECTIVE_DATE;_EMERGENCY" -A "\c" \ - -- "SECTION 15 ACCEPTANCE, OPERATIVE AND EFFECTIVE DATE; EMERGENCY" -\& -.br -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_1_DEFINITIONS" -A "\c" \ - -- "SECTION 1 DEFINITIONS" -\& -.LP -SECTION 1. -DEFINITIONS -.IP " 1." 5 -As used in this Ordinance, the following words and phrases shall have -the following meanings: \[lq]Calculated Value\[rq] shall mean the total -Transport Gas measured in Dekatherms (Dth), delivered to a transport Gas -Consumer for a billing period, multiplied by the Settlement Price to -arrive at the value of the Transport Gas transported by Grantee for that -Transport Gas Consumer. -.IP " 2." 5 -\[lq]Consumer\[rq] shall mean any individual person, corporation, -company, partnership, firm, unincorporated association, trust, -municipality, or public or private entity located within the municipal -corporate limits of the City and serviced by the Grantee through any use -of the Public Ways. -.IP " 3." 5 -\[dq]Dekatherm\[rq] or \[lq]Dth\[rq] shall mean a measurement of natural -gas equal to 1,000,000 British Thermal Units (\[lq]Btu\[rq]), or 1 -MMBtu, on a dry basis. -Btu shall be computed on a temperature base of 60 degrees Fahrenheit and -a pressure base of 14.73 PSIA. -.IP " 4." 5 -\[dq]Distributed\[rq] or \[lq]Distribution\[rq] shall mean all sales, -distribution, or transportation of natural gas to any Consumer or user -located within the municipal corporate limits of the City by the Grantee -or by others through Grantee\[cq]s Distribution System. -.IP " 5." 5 -\[lq]Distribution System\[rq] shall mean a system of works, pipes, -pipelines, apparatus, machinery, structures, appliances and -appurtenances as are reasonably necessary for the transportation, -distribution or sale of gas to Consumers. -.IP " 6." 5 -\[lq]Franchise\[rq] shall mean the rights and privileges granted by -Grantor to Grantee under Subsection A of Section 2 of this Ordinance. -.IP " 7." 5 -\[lq]Franchise Fee\[rq] or \[lq]Franchise Fees\[rq] shall mean the sum -of fees to be paid to the City by Grantee under Section 11 of this -Ordinance, at Paragraph A(1), as consideration for the use of the Public -Ways and shall be inclusive or in lieu of any permit fees, lane closure -fees and similar fees or charges for construction, installation, -maintenance or restoration work on the Distribution System with the -Public Ways. -.IP " 8." 5 -\[lq]Grantee\[rq] shall mean ONE Gas, Inc., a corporation acting by and -through its Oklahoma Natural Gas Company division, and its successors -and assigns. -.IP " 9." 5 -\[lq]Grantor\[rq] shall mean the City of Moore, Oklahoma, a municipal -corporation, hereinafter also referred to as the \[lq]City\[rq]. -.IP " 10." 5 -\[lq]Gross Receipts\[rq] shall mean any and all compensation derived by -Grantee directly from the Distribution of natural gas to a Consumer for -any use, including residential, industrial and commercial purposes, and -shall include without limitation revenues from any operation or use of -any or all of the Distribution System by Grantee or others. -Gross Receipts shall not include revenues received by Grantee from -Consumers as franchise fee reimbursement nor Volumetric Rate Fees -collected by Grantee and remitted to Grantor in accordance with -Paragraph 11.A(2) pursuant to an ordinance enacted by Grantor according -to Paragraph 3.B(1) hereof, nor shall Gross Receipts include revenues -from incidental charges or miscellaneous fees not directly generated by -the Distribution of natural gas to Consumers, such as, by way of -example, connection and disconnection fees, reconnection fees, customer -project contributions, returned check charges, delayed or late payment -charges, temporary service charges, and other such charges. -.IP " 11." 5 -\[lq]Install, operate and maintain\[rq] shall mean to acquire, erect, -construct, install, extend, repair, remove, relocate, replace, or -otherwise operate and maintain. -.IP " 12." 5 -\[lq]Public Ways\[rq] shall mean any street, alley, avenue, boulevard, -lane, park, parkway, sidewalk, driveway, public right of way, and any -other public ways, places, areas, or grounds within the municipal -corporate limits of the City as now constituted or as may be added or -extended hereafter. -.IP " 13." 5 -\[lq]Settlement Price\[rq] shall mean the settlement prices for natural -gas futures contracts traded on the New York Mercantile Exchange -(NYMEX), or any successor exchange or index, on the 15th day of each -month as published daily in The Wall Street Journal (WSJ) on the -following business day (or the next day in which a Settlement Price is -published) for each month of the twelve-month period immediately -following. -.IP " 14." 5 -\[lq]Transportation Tariff Arrangement\[rq] shall mean any arrangement -between Grantee and a Consumer pursuant to which natural gas owned by -any party other than the Grantee shall be transported, distributed or -sold through any portion of Grantee\[cq]s Distribution System and under -one of Grantee\[cq]s tariffs or special contract for delivery to the -Consumer. -.IP " 15." 5 -\[lq]Transport Gas\[rq] shall mean all natural gas transported by -Grantee pursuant to a Transportation Tariff Arrangement or by other -agreement, but not sold by Grantee though Grantee\[cq]s Distribution -System to any Consumer or user located within the municipal corporate -limits of the City. -.IP " 16." 5 -\[lq]Transport Gas Consumer\[rq] shall mean a Consumer which uses -Transport Gas. -.IP " 17." 5 -\[dq]Volumetric Rate\[rq] shall mean Three Percent (3%) of the -Calculated Value of Transport Gas as determined by Grantee in accordance -with the provisions of this definition. -The Volumetric Rate Calculation Form incorporated herein as Exhibit -\[lq]A\[rq] shall be used for the calculation of the Volumetric Rate; -provided, that the Grantor enacts an ordinance as described in Paragraph -3.B(1) below, the three percent (3%) multiplier labeled \[lq]3% Bundled -Franchise Fee Rate\[rq] set forth on \[lq]Exhibit A\[rq] shall be -completed by Grantee and filed with the City Clerk of the City upon -Grantee\[cq]s acceptance of this franchise and annually by each July -following acceptance. -The calculation filed upon Grantee\[cq]s acceptance of this franchise -shall be effective from the date of such filing through and including -December 31 of the next succeeding calendar year. -The calculation filed by Grantee on July 31 in years following the year -of acceptance of this franchise shall be effective on January 1 of the -next succeeding calendar year through and including December 31 of such -calendar year. -The calculation shall be subject to review by the City for mathematical -correctness and the City shall notify Grantee in writing within forty -five (45) calendar days after submission if the City deems such -calculation to be incorrect. -The volumetric rate calculation shall be based on the average of the -average Settlement Prices for the twelve month period beginning in July -of the immediately preceding year and ending in June immediately -preceding the July 31 calculation. -The average Settlement Prices for each month during said twelve-month -period shall be calculated by adding the Settlement Prices for such -month and the previous eleven (11) months as published and dividing by -twelve. -The average Settlement Prices for each of the twelve months shall then -be summed and divided by twelve to determine the average of the average -Settlement Prices and then multiplied by three percent (3%) to obtain -the Volumetric Rate; provided, in the event the then-current average of -the average Settlement Prices as calculated above and entered on the -Volumetric Rate Calculation Form, attached as Exhibit A (see line -designated on Exhibit \[lq]A\[rq] as \[lq]settlement price -average\[rq]), exceeds the Index price for ONEOK Gas Transportation, -L.L.C., that is listed in the issue of Platt\[cq]s \[lq]Inside -FERC\[cq]s Gas Market Report\[rq] published on the first business day of -the respective month (\[lq]Platt\[cq]s Index price\[rq]), then the -Platt\[cq]s Index price shall be used to calculate the Volumetric Rate -for that delivery month in lieu of the average of the average Settlement -Prices entered on the Volumetric Rate Calculation Form (Exhibit A) -(i.e., for that respective delivery month, the Volumetric Rate shall be -determined by taking the Platt\[cq]s Index price and multiplying that -price by 3% or the then applicable increased percentage determined in -the same manner set out in Paragraph 11.A(2) of this franchise). -.IP " 18." 5 -\[lq]Volumetric Rate Fee\[rq] or \[lq]Volumetric Rate Fees\[rq] shall -mean the fee or fees based on the Volumetric Rate to be collected and -remitted to the City by Grantee as required by Paragraph 11.A(2) of this -franchise upon the enactment of an ordinance as described in Paragraph -3.B(1). -.LP -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_2_GRANT_OF_FRANCHISE" -A "\c" \ - -- "SECTION 2 GRANT OF FRANCHISE" -\& -.LP -.br -.IP " 1." 4 -The Grantor hereby grants to Grantee for the term of twenty-five (25) -years from the passage and voter approval of this Ordinance and the -filing of a written acceptance by the Grantee, the right to enter upon -the Public Ways to install, operate and maintain a Distribution System -along, across, over and under the Public Ways for the privilege of -transporting, distributing and/or selling gas to consumers and the -public generally within the municipal corporate limits of the City. -.IP " 2." 4 -The Ordinance shall have the effect of and shall be a contract between -Grantor and Grantee and shall be the measure of the rights and -liabilities of Grantor as well as Grantee. -.IP " 3." 4 -The franchise granted by this Ordinance is not exclusive and nothing -herein shall be construed to divest the Grantor of its control and -regulation of the Public Ways. -.LP -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_3_FRANCHISE_ASSIGNMENT,_SALE_OR_LEASE" -A "\c" \ - -- "SECTION 3 FRANCHISE ASSIGNMENT, SALE OR LEASE" -\& -.IP " 1." 4 -Grantee shall not have the right to assign, sell, lease, or otherwise -transfer in any manner whatsoever to any third party not affiliated with -Grantee the rights and privileges granted under this Ordinance except as -hereinafter provided. -Any assignment, sale, lease, or other transfer by the Grantee of the -franchise granted herein to any third party not affiliated with Grantee -shall be ineffective and void unless: -.RS 4 -.IP " 1." 4 -The proposed assignment, sale, lease or transfer shall be in writing -.IP " 2." 4 -The prospective assignee, buyer, lessee or other transferee shall agree -in writing to accept and become responsible for full performance of all -conditions, covenants, obligations, and liabilities contained in this -Ordinance; and -.IP " 3." 4 -Such writing shall be submitted to the City Clerk of the City. -This Subsection shall not apply to any arrangement which is in -compliance with the provisions of Subsection B of this Section. -This Section shall not apply to the use of any portion of Grantee\[cq]s -distribution system for the transportation, distribution or sale to any -Consumer purchasing, receiving and using natural gas outside the -municipal corporate limits of the City. -.RE -.IP " 2." 4 -After the operative date of this ordinance, Grantee shall have the right -to enter into or continue to operate pursuant to any \[lq]Transportation -Tariff Arrangement\[rq] or to enter into or continue any arrangement by -which natural gas owned by any party other than Grantee shall be -transported, distributed or sold through any portion of Grantee\[cq]s -Distribution System for delivery to any Consumer located within the -municipal corporate limits of the City, subject to the following: -.RS 4 -.IP " 1." 4 -Should Grantor, by separate ordinance, require persons transporting gas -pursuant to a Transportation Tariff Arrangement to pay compensation to -Grantor for use of the Public Ways in connection with the sale of -Transport Gas, said compensation shall be calculated as a Volumetric -Rate Fee and collected and remitted by Grantee as provided in Paragraph -11.A(2) of this ordinance; -.IP " 2." 4 -The Transport Gas Consumer shall have obtained a license from the -Grantor, if the Grantor shall have a licensing ordinance in effect, for -the use of the Public Ways in connection with such transport of natural -gas, and the Grantor shall have notified the Grantee in writing of such -license. -.RE -.LP -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_4_USE_AND_REPAIR_OF_THE_PUBLIC_WAYS" -A "\c" \ - -- "SECTION 4 USE AND REPAIR OF THE PUBLIC WAYS" -\& -.IP " 1." 4 -Grantee\[cq]s Distribution System shall be erected, placed, and laid or -otherwise installed, operated and maintained in such a manner as will, -consistent with reasonable necessity, least interfere with other public -uses of the Public Ways. -.IP " 2." 4 -Before Grantee shall excavate or disturb the surface of any Public Way, -except in the case of emergency, at least forty-eight (48) hours notice -shall be given to the City\[cq]s Engineer, Public Works Director or -other proper authority designated in writing by the Grantor. -After such excavation or disturbance, the Grantee shall, with due -diligence and dispatch, place the Public Way in a condition in -compliance with the Grantor\[cq]s reasonable standards and -specifications. -.IP " 3." 4 -Upon Grantee\[cq]s failure to commence or complete any construction, -maintenance or restoration work required by this Ordinance with due -diligence and dispatch, the Grantor may cause such work to be done after -written notice to Grantee, given so as to afford Grantee an opportunity -to commence and complete such work within a reasonable time. -The cost of such construction, maintenance or restoration incurred by -Grantor upon Grantee\[cq]s failure shall then be charged and collected -from the Grantee. -.IP " 4." 4 -Grantor reserves the right to make and enforce reasonable regulations -concerning the construction of Grantee\[cq]s Distribution System located -within, along, across, over, or under the Public Ways and to reasonably -designate where the Distribution System\[cq]s works and pipelines shall -be placed, so long as such regulations are not in conflict with the laws -of the State of Oklahoma and the United States or the orders, rules or -regulations of the Oklahoma Corporation Commission or other regulatory -authority having jurisdiction over Grantee -.LP -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_5_REGULATION_OF_SERVICE" -A "\c" \ - -- "SECTION 5 REGULATION OF SERVICE" -\& -.IP " 1." 4 -The Distribution System of the Grantee shall at all times be installed, -operated and maintained in accordance with accepted good practice and in -such condition as will enable the Grantee to furnish adequate and -continuous service as required by the orders, rules and regulations of -the Oklahoma Corporation Commission or other regulatory authority having -jurisdiction. -The requirements set forth in this Section shall not relieve Grantee of -any other obligations set forth herein. -.IP " 2." 4 -In the event that the Oklahoma Corporation Commission or other state -regulatory authority shall be deprived of the authority to regulate -Grantee, then Grantor shall have the authority to set rates, terms and -conditions of service for transportation, distribution or sale of -natural gas by Grantee within the municipal corporate limits of the -City. -.LP -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_6_DEPTH_OF_PIPELINES" -A "\c" \ - -- "SECTION 6 DEPTH OF PIPELINES" -\& -.LP -After the operative date of this franchise, Grantee\[cq]s main or -lateral lines installed or replaced in Public Ways shall be installed or -replaced at depths which comply with all applicable state and federal -rules and regulations establishing minimum safety standards for the -design, construction, maintenance and operation of pipelines. -Depth shall be measured from the lower of existing grade or proposed -future grade as set forth on plans or other specifications existing at -the time such lines are installed or replaced. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_7_DUTY_TO_MOVE_OR_ALTER_LINES" -A "\c" \ - -- "SECTION 7 DUTY TO MOVE OR ALTER LINES" -\& -.IP " 1." 4 -Grantor reserves the right to lay or permit to be laid cables, electric -conduits, water, sewer, gas or other pipelines and to do or permit to be -done any underground work deemed necessary and proper by the Grantor, -along, across, over or under the Public Ways. -In permitting such work to be done, the Grantor shall not be liable to -the Grantee for any damage to Grantee\[cq]s pipeline unless Grantor or -its agents or contractors are negligent in causing said damage. -.IP " 2." 4 -Whenever by reason of establishing a grade or changes in the grade of -any street or in the location or manner of construction of any public -way, cables, electric conduits, water, sewer, gas or other underground -structures, it shall be deemed necessary by the Grantor to alter, -change, adapt or conform any portion of Grantee\[cq]s Distribution -System located in the Public Ways, such alterations or changes shall be -made within a reasonable time by the Grantee, as ordered in writing by -the Grantor, without claim for reimbursement or compensation for damages -against Grantor; provided, however, that this Section is not intended to -require Grantee to alter, change, adapt or conform any portion of its -Distribution System without reimbursement or compensation where the -right to locate the same, whether by private right-of-way grant, utility -easement or otherwise, was acquired prior to its location in the public -way. -.IP " 3." 4 -If Grantor shall require the Grantee to adapt or conform its -Distribution System or in any way to alter, relocate or change its -property to enable any other person, firm, corporation or entity -(whether public or private), other than the Grantor, to use the Public -Ways, the Grantee shall be reimbursed by the person, firm corporation or -entity desiring or occasioning such change for any and all loss, cost or -expense occasioned thereby. -.IP " 4." 4 -\[lq]Person,\[rq] \[lq]firm,\[rq] \[lq]corporation,\[rq] and -\[lq]entity\[rq] as used in Subsection C of this Section shall not -include regular departments of the Grantor, or any trust or authority -formed by or for the benefit of Grantor for public utility purposes, but -shall include any other agency or authority of the City, whether acting -in a governmental or non-governmental capacity, including, but not -limited to, any urban renewal authority, or any other agency or -authority, which as a part of its program clears whole tracts of land -within the municipal corporate limits and relocates citizens for the -purpose of urban development or similar aims. -.LP -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_8_INDEMNIFICATION_OF_GRANTOR" -A "\c" \ - -- "SECTION 8 INDEMNIFICATION OF GRANTOR" -\& -.LP -The Grantee shall indemnify, become responsible for and forever save -harmless the Grantor from any and all damages, judgments, reasonable -costs and expenses, including attorney fees, which the Grantor may -suffer or incur, or which may be legally obtained against the Grantor, -for or by reason of the negligent use, repair or occupation of any -public way within the municipal corporate limits of the City by the -Grantee pursuant to the terms of this Ordinance or resulting from the -negligent exercise by the Grantee of any of its privileges or by reason -of its carrying on its business in the City (except where such damages, -judgments, reasonable costs and expenses, including attorney fees, -result from the negligence of Grantor or its agents or contractors); -provided, however, that in the event of such claim or claims being -prosecuted against the Grantor, the Grantee shall have the right to -defend against the same, and to settle or discharge same in such manner -as it may see fit, and the Grantor shall give prompt written notice to -the Grantee of the presentation or prosecution of such claims. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_9_GRANTEE%E2%80%99S_RULES_AND_REGULATIONS" -A "\c" \ - -- "SECTION 9 GRANTEE\[cq]S RULES AND REGULATIONS" -\& -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_10_INSPECTION_OF_RECORDS" -A "\c" \ - -- "SECTION 10 INSPECTION OF RECORDS" -\& -.LP -Grantee shall permit Grantor or its agents to inspect, during regular -business hours, the books, papers and records kept by Grantee in the -ordinary course of business and pertaining to the natural gas business -carried on by it in the City, such as plats, maps and atlases -identifying Grantee\[cq]s pipelines in the City, and the books and -records necessary to verify the franchise fee payment provided for in -Section 11 hereof. -Notwithstanding the obligation herein, Grantee shall have the right to -request the reasonable protection of proprietary information and to -provide redacted documents or require Grantor or its agents to enter -into such agreements pertaining to confidentiality as may reasonably -protect the proprietary information of Grantee but which do not -unreasonably frustrate the purposes of this Section. -Grantor shall promptly notify Grantee in writing of areas newly annexed -into or de-annexed from the corporate limits of Grantor, and Grantee -shall update its records for the purpose of payment of franchise fees as -soon as reasonably practicable after receiving such notice. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_11_CONSIDERATION_FOR_FRANCHISE:_FRANCHISE_FEE" -A "\c" \ - -- "SECTION 11 CONSIDERATION FOR FRANCHISE: FRANCHISE FEE" -\& -.IP " 1." 4 -In consideration for the rights and privileges enjoyed under this -franchise, Grantee agrees to pay Grantor as follows: -.RS 4 -.IP " 1." 4 -Grantee shall pay Grantor a franchise fee the sum of which is equal to -Three Percent (3%) of the Gross Receipts received by Grantee, per -billing period, from the transportation, distribution, and sale of -natural gas for domestic, commercial or industrial consumption within -the municipal corporate limits of the City. -All sums due from Grantee shall be in lieu of all other franchise, -license, or occupational taxes or fees, which may be levied or attempted -to be levied on Grantee by the City. -.IP " 2." 4 -In the event that Grantor, pursuant to Paragraph 3.B(1) of this -ordinance, requires persons transporting gas pursuant to a -Transportation Tariff Arrangement to pay compensation to Grantor for use -of the Public Ways in connection the sale of Transport Gas, said -compensation shall be calculated as a Volumetric Rate fee for such -Transport Gas, which shall be the sum equal to the then current -Volumetric Rate multiplied by the number of Dth of Transport Gas -reported or distributed through Grantee\[cq]s facilities within the -municipal corporate limits of the City by Grantee or by any third-party -to transport customers for consumption within the City. -Grantee will in that event collect such Volumetric Rate Fees from -persons transporting gas pursuant to a Transportation Tariff Arrangement -and remit the same to Grantor. -.RE -.IP " 2." 4 -In the event a customer of Grantee does not pay a monthly bill from -Grantee in full, Grantee shall prorate its payments of remissions to the -City for sums due on that particular bill so that the amount actually -paid by the customer to Grantee on the bill is distributed to Grantee -for the natural gas commodity and transportation or distribution service -and to the City for sums due on the bill in proportion to the percentage -of the total bill actually paid by the customer. -In the event Grantee actually collects any outstanding amounts due on a -past due, unpaid or partially paid monthly bill to a customer, then -Grantee shall pay Grantor its proportionate share of sums due to the -City on such bill. -.IP " 3." 4 -Grantee\[cq]s franchise fee based upon a percentage of gross cash -receipts or a volumetric rate shall be payable monthly on or before the -25th day of each month, on its gross cash receipts for the preceding -calendar month. -.IP " 4." 4 -All sums due from Grantee under this Section shall be in lieu of all -other franchise, license, or occupation taxes or fees, which may be -levied or attempted to be levied on Grantee by the City. -.IP " 5." 4 -The City\[cq]s chief administrative officer or his designee may waive -the Volumetric Rate Fee or any part thereof due from a Transport Gas -Consumer, but such waiver shall only be granted if: -.RS 4 -.IP " 1." 4 -The Transport Gas Consumer could otherwise obtain its energy needs from -another source that would not be subject to the fees imposed in -Subparagraph 2 of Subsection 11.A above and sufficient evidence is -produced by the Transport Gas Consumer so as to substantiate such -alternative source; and -.IP " 2." 4 -Such alternative source, including all other fees, would be less than -the cost of utilizing Grantee to furnish and transport the gas or -transport alone, as the case may be. -.RE -.IP " 6." 4 -Grantee shall update its records for the purpose of franchise fee -payments as soon as reasonably practicable after receiving such notice. -.IP " 7." 4 -In the event the accounting rendered to Grantor by Grantee is found to -be incorrect, then payment shall be made on the corrected amount, it -being agreed that Grantor may accept amount offered by Grantee, but the -acceptance thereof by Grantor shall not be deemed a settlement of such -item if the amount is in dispute or later found to be incorrect. -Grantee shall have no obligation, however, to make payment upon -Transport Gas for which Grantee has not been paid. -Grantee shall provide notice to Grantor of such delinquent accounts -within ninety (90) days and Grantor shall hold Grantee harmless from the -cost or liability for the collection of franchise fees on such -delinquent accounts. -.IP " 8." 4 -Grantor agrees that the franchise fee percentage rate set forth in -Subsection 11.A, at Paragraphs (1) and (2), of this Ordinance shall in -no event exceed the percentage rate hereafter approved to calculate any -fee paid to Grantor by any other person or entity for use of the Public -Ways if such fee or volumetric rate is based in any way on the amount of -revenues or gross receipts from the transportation, distribution, or -sale of natural gas or electric energy, excluding any municipally-owned -electric utility, by such other person or entity to ultimate Consumers -within the City. -If at any time after the effective date of this Ordinance the fee or -rate required to be paid by another is less than the percentage rate set -forth in Paragraphs A(1) or (2) of Section 11, then the percentage rate -set forth in Paragraphs A(1) or (2) of Section 11 of this Ordinance -shall be reduced to equal such lesser percentage rate on the date such -lesser percentage rate becomes effective and without any further action -by the City or the qualified electors residing therein. -.LP -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_12_CONDITIONS_OF_FRANCHISE" -A "\c" \ - -- "SECTION 12 CONDITIONS OF FRANCHISE" -\& -.LP -This contract, franchise, grant and privilege is granted and accepted -under and subject to all applicable laws and under and subject to all of -the orders, rules, and regulations now or hereafter adopted by -governmental bodies now or hereafter having jurisdiction. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_13_INVALIDITY_OF_ORDINANCE" -A "\c" \ - -- "SECTION 13 INVALIDITY OF ORDINANCE" -\& -.LP -If any clause, sentence, or section of this Ordinance shall be held to -be invalid, it shall not affect the remaining portions of this -Ordinance, which shall remain valid and effective as if such invalid -provision did not exist, although the parties shall be entitled to a -judicial interpretation or construction of this Ordinance to address the -validation of such provision by minimal amendment thereof. -Further, should any governmental body now or hereafter having -jurisdiction determine that Grantee shall not be permitted to collect in -whole or in part the compensation due Grantor by others for Transport -Gas as set forth in Paragraph (2) of Subsection B of Section 3 and -Paragraph (2) of Subsection A of Section 11 of this Ordinance, Grantee -shall thereafter have no obligation to make such payment to Grantor and -Paragraph (2) of Subsection B of Section 3 and Paragraph (2) of -Subsection A of Section 11 shall be of no force and effect. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_14_ELECTION_REQUIRED" -A "\c" \ - -- "SECTION 14 ELECTION REQUIRED" -\& -.LP -This Ordinance shall not become operative until it shall be approved by -a majority of the qualified electors voting thereon residing within the -municipal corporate limits of the City at an election called for that -purpose, and a special election is hereby called for the purpose of -submitting to the qualified electors residing in said City, the question -of approval or disapproval of this Ordinance, which election shall be -held on the 2nd day of March, 2021, between the hours prescribed by law. -The Mayor of the City is hereby authorized and directed to issue a -proper and lawful call and proclamation of such special election to be -held on such date as aforesaid for said purpose, and the City Council of -the City are hereby directed to give due and lawful notice of such -election and submission of said question to the electors of said City as -prescribed by law and the Ordinances of the City. -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_15_ACCEPTANCE,_OPERATIVE_AND_EFFECTIVE_DATE;_EMERGENCY" -A "\c" \ - -- "SECTION 15 ACCEPTANCE, OPERATIVE AND EFFECTIVE DATE; EMERGENCY" -\& -.LP -In the event this Ordinance is approved by a majority vote of said -electors voting thereon at said election, the Grantee shall file with -the City Clerk, within thirty days after the official canvass of the -votes and declaration by the City Council of the results thereof, a -written acceptance. -This Ordinance shall become operative on the date of filing of such -acceptance. -.PP -An emergency is hereby declared to exist by reason of the fact that no -other person, firm or corporation has a franchise to furnish natural gas -to residents and inhabitants of the City, and for the preservation of -the public peace, health and safety, and by reason whereof this -Ordinance shall be effective immediately from and after its passage, -approval and publication. -.PP -.br -\c -.pdfhref W -D "https://moore.municipalcodeonline.com/book?type=ordinances#name=STATE_LAW_REFERENCES_TABLE" -A "\c" \ - -- "STATE LAW REFERENCES TABLE" -\& -.LP -This table shows the location within the Charter and Code, either in the -text or notes following the text, of references to Oklahoma Statutes -(O.S.). -.PP -.na -.nr LLold \n[LL] -.TS -delim(@@) tab( ); -lw(23.3n) lw(23.3n) lw(23.3n). -T{ -.nr LL 23.3n -O.S. -Title -T} T{ -.nr LL 23.3n -Section -T} T{ -.nr LL 23.3n -Section 2018 Code -T} -T{ -.nr LL 23.3n -2 -T} T{ -.nr LL 23.3n -7-401 et seq. -T} T{ -.nr LL 23.3n -Pt. -8, Ch. -6, Art. -B -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -8-621 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -10-9.1 et seq. -T} T{ -.nr LL 23.3n -8-102 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -20-40 et seq. -T} T{ -.nr LL 23.3n -8-102 -T} -T{ -.nr LL 23.3n -7 -T} T{ -.nr LL 23.3n -11-902 -T} T{ -.nr LL 23.3n -15-520 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11 -T} T{ -.nr LL 23.3n -15-1712 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -12 -T} T{ -.nr LL 23.3n -15-1712 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -19.11 -T} T{ -.nr LL 23.3n -11-115 -T} -T{ -.nr LL 23.3n -9 -T} T{ -.nr LL 23.3n -1301 - 1340 -T} T{ -.nr LL 23.3n -6-116 -T} -T{ -.nr LL 23.3n -10 -T} T{ -.nr LL 23.3n -401 et seq. -T} T{ -.nr LL 23.3n -8-702 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -Pt. -9, Ch. -4 -T} -T{ -.nr LL 23.3n -10A -T} T{ -.nr LL 23.3n -2-2-103 -T} T{ -.nr LL 23.3n -6-132 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -2-5-205 -T} T{ -.nr LL 23.3n -10-802 -T} -T{ -.nr LL 23.3n -11 -T} T{ -.nr LL 23.3n -1-102 -.br -T} T{ -.nr LL 23.3n -8-205 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -8-213 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -8-303 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -8-305 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -14-101 et seq. -.br -T} T{ -.nr LL 23.3n -15-303 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -14-107 -T} T{ -.nr LL 23.3n -5-201 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -5-204 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -5-206, 5-207 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -5-209 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -5-301 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -5-401 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -5-501 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -5-601 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -5-901 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -13-101 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -13-111 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -14-108 -T} T{ -.nr LL 23.3n -1-101 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -1-103 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -14-109 -T} T{ -.nr LL 23.3n -1-101 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -1-103 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -14-111 -T} T{ -.nr LL 23.3n -1-108 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -20-101 et seq. -T} T{ -.nr LL 23.3n -1-302 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -21-101 -T} T{ -.nr LL 23.3n -Pt. -5 (note) -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -22-106 -T} T{ -.nr LL 23.3n -Pt. -9 (note) -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -Pt. -9, Ch. -1 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -22-107 -T} T{ -.nr LL 23.3n -Pt. -9 (note) -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -Pt. -9, Ch. -1 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -22-109 -T} T{ -.nr LL 23.3n -10-510 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -22-110 -T} T{ -.nr LL 23.3n -Pt. -10, Ch. -4, Art. -B -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -10-201 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -10-328 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -10-403 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -22-111 -T} T{ -.nr LL 23.3n -Pt. -8, Ch.2 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -22-112 -T} T{ -.nr LL 23.3n -8-301 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -22-112 et seq. -T} T{ -.nr LL 23.3n -Pt. -4 (note) -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -22-112.1 -T} T{ -.nr LL 23.3n -8-301 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -22-115 et seq. -T} T{ -.nr LL 23.3n -Pt. -4 (note) -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -Pt. -4, Ch. -1 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -22-115 -T} T{ -.nr LL 23.3n -4-121 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -22-117 -T} T{ -.nr LL 23.3n -15-531 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -22-121 -T} T{ -.nr LL 23.3n -8-1002 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -26-101 et seq. -T} T{ -.nr LL 23.3n -Pt. -11, Ch. -3 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-101 et seq. -T} T{ -.nr LL 23.3n -Pt. -6 (note) -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-103 -T} T{ -.nr LL 23.3n -6-103 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-104 -T} T{ -.nr LL 23.3n -6-201, 6-202 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -6-206 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-105 -T} T{ -.nr LL 23.3n -6-104 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-108 -T} T{ -.nr LL 23.3n -6-107 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-109 -T} T{ -.nr LL 23.3n -6-106 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-110 -T} T{ -.nr LL 23.3n -6-105 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-111 -T} T{ -.nr LL 23.3n -6-108 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-113 -T} T{ -.nr LL 23.3n -6-123 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-114 -T} T{ -.nr LL 23.3n -6-109 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-115 -T} T{ -.nr LL 23.3n -6-112 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-117 -T} T{ -.nr LL 23.3n -6-113 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -6-118 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-117.1 -T} T{ -.nr LL 23.3n -6-114 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -6-118 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-122 -T} T{ -.nr LL 23.3n -6-129 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-123 -T} T{ -.nr LL 23.3n -6-126 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -29-105 -T} T{ -.nr LL 23.3n -Pt.3, Ch. -2, Art. -A -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -31-101 et seq. -T} T{ -.nr LL 23.3n -Pt. -11, Ch. -2 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -31-101 -T} T{ -.nr LL 23.3n -11-202 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -31-102 -.br -T} T{ -.nr LL 23.3n -11-202 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -31-104 - 31-108 -T} T{ -.nr LL 23.3n -11-202 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -33-101 et seq. -T} T{ -.nr LL 23.3n -Pt. -11, Ch. -1 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -34-101 et seq. -T} T{ -.nr LL 23.3n -Pt. -13, Ch.3 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -34-104 -T} T{ -.nr LL 23.3n -Pt. -7, Ch. -8 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -7-802 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -36-101 et seq. -T} T{ -.nr LL 23.3n -Pt. -14 (note) -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -39-103.1 -T} T{ -.nr LL 23.3n -3-115 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -41-101 et seq. -T} T{ -.nr LL 23.3n -Pt. -12 (note) -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -48-101 et seq. -T} T{ -.nr LL 23.3n -2-233 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -49-100.1 et seq. -T} T{ -.nr LL 23.3n -2-212 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -49-101 et seq. -T} T{ -.nr LL 23.3n -2-211 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -50-100.1 et seq. -T} T{ -.nr LL 23.3n -2-221, 2-222 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -50-123 -T} T{ -.nr LL 23.3n -13-311 -T} -T{ -.nr LL 23.3n -15 -T} T{ -.nr LL 23.3n -511 et seq. -T} T{ -.nr LL 23.3n -Pt. -7, Ch. -8 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -777.1 et seq. -T} T{ -.nr LL 23.3n -13-411 -T} -T{ -.nr LL 23.3n -18 -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -7-208 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -7-802 -T} -T{ -.nr LL 23.3n -19 -T} T{ -.nr LL 23.3n -531 -T} T{ -.nr LL 23.3n -6-127 -T} -T{ -.nr LL 23.3n -21 -T} T{ -.nr LL 23.3n -1 et seq. -T} T{ -.nr LL 23.3n -10-109 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -41 et seq. -T} T{ -.nr LL 23.3n -10-101 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -152 -T} T{ -.nr LL 23.3n -10-106 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -153 -T} T{ -.nr LL 23.3n -10-107 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -263 -T} T{ -.nr LL 23.3n -10-610 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -264 -T} T{ -.nr LL 23.3n -10-610 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -421 et seq. -T} T{ -.nr LL 23.3n -10-110 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -437 -T} T{ -.nr LL 23.3n -10-603 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -438 -T} T{ -.nr LL 23.3n -10-602 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -441 -T} T{ -.nr LL 23.3n -10-603 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -444 -T} T{ -.nr LL 23.3n -10-601 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -540A -T} T{ -.nr LL 23.3n -10-608 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -15-1806 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -641 et seq. -T} T{ -.nr LL 23.3n -10-201 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -641 -T} T{ -.nr LL 23.3n -10-202 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -642 -T} T{ -.nr LL 23.3n -10-203 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -643 -T} T{ -.nr LL 23.3n -10-112 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -649 -T} T{ -.nr LL 23.3n -10-605 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -649.2 -T} T{ -.nr LL 23.3n -10-617 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -650 -T} T{ -.nr LL 23.3n -10-605 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -842.1 et seq. -T} T{ -.nr LL 23.3n -Pt, 9, Ch. -14 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -842.3 -T} T{ -.nr LL 23.3n -Pt, 9, Ch.14 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -856 et seq. -T} T{ -.nr LL 23.3n -10-516 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -856 et seq. -T} T{ -.nr LL 23.3n -10-516 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -856.3 -T} T{ -.nr LL 23.3n -Pt. -10, Ch. -7 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -941 et seq. -T} T{ -.nr LL 23.3n -10-512 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1021 -T} T{ -.nr LL 23.3n -10-511 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1029 -T} T{ -.nr LL 23.3n -10-513 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1030 -T} T{ -.nr LL 23.3n -10-513 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1040.76 et seq. -T} T{ -.nr LL 23.3n -10-518 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1081 -T} T{ -.nr LL 23.3n -10-513 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1171 -T} T{ -.nr LL 23.3n -10-507 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1172 -T} T{ -.nr LL 23.3n -10-509 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1208 -T} T{ -.nr LL 23.3n -8-120 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1217 -T} T{ -.nr LL 23.3n -10-615 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1289.1 et seq. -.br -T} T{ -.nr LL 23.3n -10-405 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1289.6 -T} T{ -.nr LL 23.3n -10-405 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1289.11 -T} T{ -.nr LL 23.3n -10-204 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1361 et seq. -T} T{ -.nr LL 23.3n -10-403 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1451 et seq. -T} T{ -.nr LL 23.3n -10-301 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1503 -T} T{ -.nr LL 23.3n -10-305 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1518 et seq. -T} T{ -.nr LL 23.3n -10-508 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1533 -T} T{ -.nr LL 23.3n -10-610 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1541.1 et seq. -T} T{ -.nr LL 23.3n -10-302 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -10-308 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1551 et seq. -T} T{ -.nr LL 23.3n -10-325 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1681 -T} T{ -.nr LL 23.3n -4-142 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1685 -T} T{ -.nr LL 23.3n -4-141 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1696 -T} T{ -.nr LL 23.3n -4-143 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1701 et seq. -T} T{ -.nr LL 23.3n -10-301 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1713 -T} T{ -.nr LL 23.3n -10-304 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1753.3 et seq. -T} T{ -.nr LL 23.3n -10-322 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -pt. -17, Ch. -2 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1760 -T} T{ -.nr LL 23.3n -10-310 - 10-313 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -10-316 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1787 -T} T{ -.nr LL 23.3n -10-314 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1788 -T} T{ -.nr LL 23.3n -10-314 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1835 et seq. -T} T{ -.nr LL 23.3n -10-317 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -10-319 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1851 -T} T{ -.nr LL 23.3n -10-612 -T} -T{ -.nr LL 23.3n -22 -T} T{ -.nr LL 23.3n -59 -T} T{ -.nr LL 23.3n -6-116 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1108 -T} T{ -.nr LL 23.3n -6-116 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1115 et seq. -T} T{ -.nr LL 23.3n -6-114 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1115 -T} T{ -.nr LL 23.3n -6-114 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1115.1 -T} T{ -.nr LL 23.3n -6-114 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1261 et seq. -T} T{ -.nr LL 23.3n -Pt. -7, Ch. -8 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -10-512 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1261 - 1264 -T} T{ -.nr LL 23.3n -7-803 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1321 et seq. -T} T{ -.nr LL 23.3n -Pt. -7, Ch. -8 -T} -T{ -.nr LL 23.3n -25 -T} T{ -.nr LL 23.3n -106 -T} T{ -.nr LL 23.3n -3-115 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -301 et seq. -T} T{ -.nr LL 23.3n -2-102 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -8-701 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1451 et seq. -T} T{ -.nr LL 23.3n -Pt. -5, Ch.7 -T} -T{ -.nr LL 23.3n -27 -T} T{ -.nr LL 23.3n -27-119 -T} T{ -.nr LL 23.3n -6-301 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -6-304 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -27-120 -T} T{ -.nr LL 23.3n -6-302 -T} -T{ -.nr LL 23.3n -27A -T} T{ -.nr LL 23.3n -2-10-101 et seq. -T} T{ -.nr LL 23.3n -15-601 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -15-621 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -Pt. -17, Ch. -2 -T} -T{ -.nr LL 23.3n -36 -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -4-173 -T} -T{ -.nr LL 23.3n -37 -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -Pt. -3 (note) -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -3-103 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -8 -T} T{ -.nr LL 23.3n -10-501 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -163.2 -T} T{ -.nr LL 23.3n -3-211 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -9-1282 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -163.11 -T} T{ -.nr LL 23.3n -3-211, 3-212 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -213 -T} T{ -.nr LL 23.3n -3-209 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -241 -T} T{ -.nr LL 23.3n -3-206, 3-207 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -243 -T} T{ -.nr LL 23.3n -3-206 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -3-208 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -246 -T} T{ -.nr LL 23.3n -3-206 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -3-212 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -501 et eq. -T} T{ -.nr LL 23.3n -Pt. -3, Ch.1 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -503 -T} T{ -.nr LL 23.3n -Pt. -3, Ch.1 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -506 -T} T{ -.nr LL 23.3n -9-1282 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -518 -T} T{ -.nr LL 23.3n -3-102 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -518.3 -T} T{ -.nr LL 23.3n -3-115 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -537 -T} T{ -.nr LL 23.3n -3-106 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -3-113 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -3-210 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -537(A)(1) -T} T{ -.nr LL 23.3n -3-107 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -537(A)(2) -.br -T} T{ -.nr LL 23.3n -3-107 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -537(B)(2) -.br -T} T{ -.nr LL 23.3n -3-108 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -8-701 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -539 -T} T{ -.nr LL 23.3n -Pt. -7, Ch.8 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -554.1 -T} T{ -.nr LL 23.3n -3-102 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -598 -T} T{ -.nr LL 23.3n -3-107 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -600.1 et seq. -T} T{ -.nr LL 23.3n -10-517 -T} -T{ -.nr LL 23.3n -37A -T} T{ -.nr LL 23.3n -1-103 -T} T{ -.nr LL 23.3n -3-101 -T} -T{ -.nr LL 23.3n -38 -T} T{ -.nr LL 23.3n -18.1 -T} T{ -.nr LL 23.3n -6-302 -T} -T{ -.nr LL 23.3n -43A -T} T{ -.nr LL 23.3n -1-103 -T} T{ -.nr LL 23.3n -6-127 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -3-401 et seq. -T} T{ -.nr LL 23.3n -10-501 -T} -T{ -.nr LL 23.3n -47 -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -15-105 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -15-301 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-101 et seq. -T} T{ -.nr LL 23.3n -15-105 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-102 - 1-106 -T} T{ -.nr LL 23.3n -15-101 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-107.1 - 1-107.3 -T} T{ -.nr LL 23.3n -15-101 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1.107.1 - 1-107.4 -T} T{ -.nr LL 23.3n -15-101 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-111 -T} T{ -.nr LL 23.3n -15-101 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-114 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-122 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-125 -T} T{ -.nr LL 23.3n -15-101 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-126 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-128 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-133 - 1-136 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-138 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-141 - 1-143 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-147 - 1-151 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-154 - 1-156 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-158 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-160 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-162 - 1-164 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-167 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-169 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-170 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-173 - 1-175 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-177-1-180 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-182 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-185 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-186 -T} T{ -.nr LL 23.3n -15-101 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -5-112 -T} T{ -.nr LL 23.3n -15-602 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -6-107.1 -T} T{ -.nr LL 23.3n -15-520 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -6-107.2 -T} T{ -.nr LL 23.3n -15-520 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -6-205.1 -T} T{ -.nr LL 23.3n -15-520 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -6-303 -T} T{ -.nr LL 23.3n -15-521, 15-522 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -6-305 -T} T{ -.nr LL 23.3n -15-522, 15-523 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -7-204 -T} T{ -.nr LL 23.3n -15-102 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -7-330 -T} T{ -.nr LL 23.3n -15-102 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -7-503 -T} T{ -.nr LL 23.3n -15-102 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -7-600 - 7-607 -T} T{ -.nr LL 23.3n -15-102 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -7-601 et seq. -T} T{ -.nr LL 23.3n -15-102 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -7-606 -T} T{ -.nr LL 23.3n -15-102 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -10-104 - 10-107 -.br -T} T{ -.nr LL 23.3n -15-1403 - 15-1406 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -10-111 -T} T{ -.nr LL 23.3n -15-1407 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-101 et seq. -T} T{ -.nr LL 23.3n -15-505 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-103 -T} T{ -.nr LL 23.3n -15-1804 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-104 -T} T{ -.nr LL 23.3n -15-1809 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-105 -T} T{ -.nr LL 23.3n -15-1807 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-106 -T} T{ -.nr LL 23.3n -15-1806 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-201 -T} T{ -.nr LL 23.3n -15-203, 15-204 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-202 - 11-206 -T} T{ -.nr LL 23.3n -15-206 - 15-507 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-301 - 11-307 -T} T{ -.nr LL 23.3n -15-501 - 15-507 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-308 -T} T{ -.nr LL 23.3n -15-1002, 15-1003 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-309 -T} T{ -.nr LL 23.3n -15-509 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-310 -T} T{ -.nr LL 23.3n -15-511 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-311 -T} T{ -.nr LL 23.3n -15-510 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-312 -T} T{ -.nr LL 23.3n -15-512 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-314 -T} T{ -.nr LL 23.3n -15-545 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-315 -T} T{ -.nr LL 23.3n -15-525 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-401 -T} T{ -.nr LL 23.3n -15-801 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-402 -T} T{ -.nr LL 23.3n -15-802 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-403 -T} T{ -.nr LL 23.3n -15-801 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-405 -T} T{ -.nr LL 23.3n -15-519 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-501 -T} T{ -.nr LL 23.3n -15-1701 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-501.1 -T} T{ -.nr LL 23.3n -15-1702 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-502 -T} T{ -.nr LL 23.3n -15-1703 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-503 -T} T{ -.nr LL 23.3n -15-1706 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-504 -T} T{ -.nr LL 23.3n -15-1711 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-505 -T} T{ -.nr LL 23.3n -15-1704 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-506 -T} T{ -.nr LL 23.3n -15-1709 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-507 -T} T{ -.nr LL 23.3n -15-1710 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-601 -T} T{ -.nr LL 23.3n -15-901 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-603 -T} T{ -.nr LL 23.3n -15-534 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-604 - 11-606 -T} T{ -.nr LL 23.3n -15-905 - 15-907 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-604 -T} T{ -.nr LL 23.3n -15-901 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-701 -T} T{ -.nr LL 23.3n -15-205 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-702 -T} T{ -.nr LL 23.3n -15-205 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -15-544 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-703 -T} T{ -.nr LL 23.3n -15-807, 15-808 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-704 -T} T{ -.nr LL 23.3n -15-810 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-705 -T} T{ -.nr LL 23.3n -15-508 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-801 -T} T{ -.nr LL 23.3n -15-701 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-804 -T} T{ -.nr LL 23.3n -15-704 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-805 -T} T{ -.nr LL 23.3n -15-1501 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-805.3 -T} T{ -.nr LL 23.3n -15-531 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-901 -T} T{ -.nr LL 23.3n -15-514 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-901d -T} T{ -.nr LL 23.3n -15-516 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-906.4 -T} T{ -.nr LL 23.3n -15-520 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1003 -T} T{ -.nr LL 23.3n -15-601 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1004 -T} T{ -.nr LL 23.3n -15-621 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1007 -T} T{ -.nr LL 23.3n -15-602 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1101 -T} T{ -.nr LL 23.3n -15-611 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1102 -T} T{ -.nr LL 23.3n -15-535 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1103 -T} T{ -.nr LL 23.3n -15-1501 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1105 -T} T{ -.nr LL 23.3n -15-536 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1108 -T} T{ -.nr LL 23.3n -15-518 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1109 -T} T{ -.nr LL 23.3n -15-517 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1110 -T} T{ -.nr LL 23.3n -15-404 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1112 -T} T{ -.nr LL 23.3n -15-542 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1114 -T} T{ -.nr LL 23.3n -15-540 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1201 -T} T{ -.nr LL 23.3n -15-1601 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1202 -.br -T} T{ -.nr LL 23.3n -15-1602 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1203 -T} T{ -.nr LL 23.3n -15-1604 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1204 -T} T{ -.nr LL 23.3n -15-538 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -15-1611 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1205 -T} T{ -.nr LL 23.3n -15-1605 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1301 -T} T{ -.nr LL 23.3n -15-541 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -11-1302 -T} T{ -.nr LL 23.3n -15-546 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -12-101 et seq. -T} T{ -.nr LL 23.3n -15-301 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -12-201 et seq. -.br -T} T{ -.nr LL 23.3n -15-1610 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -12-201(B) -T} T{ -.nr LL 23.3n -15-1610 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -12-218 -T} T{ -.nr LL 23.3n -15-1806 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -12-402 -T} T{ -.nr LL 23.3n -15-302 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -12-404 -T} T{ -.nr LL 23.3n -15-304 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -12-417 -T} T{ -.nr LL 23.3n -15-543 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -12-601 et seq. -T} T{ -.nr LL 23.3n -15-1502 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -12-609(B) -T} T{ -.nr LL 23.3n -15-1503 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -12-702 - 12-709 -T} T{ -.nr LL 23.3n -15-1610 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -13-102 -T} T{ -.nr LL 23.3n -15-305 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -13-103 -T} T{ -.nr LL 23.3n -15-305 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -14-105 -T} T{ -.nr LL 23.3n -15-402 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -15-102 -T} T{ -.nr LL 23.3n -10-404 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -15-104 et seq. -T} T{ -.nr LL 23.3n -15-202 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -15-112 -T} T{ -.nr LL 23.3n -15-602 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -15-112(D) -T} T{ -.nr LL 23.3n -15-602 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -15-112(D)(4) -T} T{ -.nr LL 23.3n -15-602 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -15-112(D)(5) -T} T{ -.nr LL 23.3n -15-602 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -47 -T} T{ -.nr LL 23.3n -15-520 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -434 -T} T{ -.nr LL 23.3n -9-701 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -752 -T} T{ -.nr LL 23.3n -15-520 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -754 -T} T{ -.nr LL 23.3n -15-520 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -759 -T} T{ -.nr LL 23.3n -15-520 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -761 -T} T{ -.nr LL 23.3n -15-520 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -901 et seq. -T} T{ -.nr LL 23.3n -15-1902 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -951 et seq. -T} T{ -.nr LL 23.3n -Pt. -9, Ch. -11 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -9-1102 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1101 et seq. -T} T{ -.nr LL 23.3n -15-602 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1115.1 -T} T{ -.nr LL 23.3n -15-1901 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1134 -T} T{ -.nr LL 23.3n -15-543 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1135.1 -.br -T} T{ -.nr LL 23.3n -15-602 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1135.2 -T} T{ -.nr LL 23.3n -15-602 -T} -T{ -.nr LL 23.3n -50 -T} T{ -.nr LL 23.3n -1 et seq. -T} T{ -.nr LL 23.3n -Pt. -8 (note) -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -Pt. -8, Ch. -1 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1 -T} T{ -.nr LL 23.3n -8-101 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -5 -T} T{ -.nr LL 23.3n -8-105 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -8-107 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -7 -T} T{ -.nr LL 23.3n -8-106 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -12 -T} T{ -.nr LL 23.3n -8-107 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -13 -T} T{ -.nr LL 23.3n -8-108 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -14 -T} T{ -.nr LL 23.3n -8-108 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -15 -T} T{ -.nr LL 23.3n -8-108 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -16 -T} T{ -.nr LL 23.3n -Pt. -8 (note) -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -Pt. -8, Ch. -1 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -8-109, 8-110 -T} -T{ -.nr LL 23.3n -51 -T} T{ -.nr LL 23.3n -24A.1 et seq. -T} T{ -.nr LL 23.3n -2-301, 2-302 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -121 et seq. -T} T{ -.nr LL 23.3n -2-201 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -151 et seq. -T} T{ -.nr LL 23.3n -2-115 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -17-304 -T} -T{ -.nr LL 23.3n -59 -T} T{ -.nr LL 23.3n -5-1004 -T} T{ -.nr LL 23.3n -5-1011 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1000.23 -T} T{ -.nr LL 23.3n -5-201 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -5-204 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -5-301 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -5-401 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -5-501 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -5-901 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -.br -T} T{ -.nr LL 23.3n -13-101 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1001 et seq. -T} T{ -.nr LL 23.3n -Pt. -3, Ch. -3 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -Pt. -5, Ch. -3, Art. -B -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -5-311 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1151.1 et seq. -T} T{ -.nr LL 23.3n -Pt. -5, Ch. -3, Art. -B -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -5-1001 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1151.2 -T} T{ -.nr LL 23.3n -5-1001 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1151.5(B) -T} T{ -.nr LL 23.3n -5-1011 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1151.14(A) -T} T{ -.nr LL 23.3n -5-1004 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -5-1006 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -5-1011 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1330 -T} T{ -.nr LL 23.3n -6-116 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1332 -T} T{ -.nr LL 23.3n -6-116 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1333 -T} T{ -.nr LL 23.3n -6-116 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1335 -T} T{ -.nr LL 23.3n -6-116 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1501 et seq. -T} T{ -.nr LL 23.3n -Pt. -9, Ch. -8 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1514 -T} T{ -.nr LL 23.3n -Pt. -9, Ch. -8 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1515 -T} T{ -.nr LL 23.3n -9-805 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1521 et seq. -T} T{ -.nr LL 23.3n -Pt. -9, Ch. -9 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1525(C) -T} T{ -.nr LL 23.3n -9-912 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1527 -T} T{ -.nr LL 23.3n -Pt. -9, Ch. -9 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1531 -T} T{ -.nr LL 23.3n -9-912 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1680 et seq. -T} T{ -.nr LL 23.3n -Pt. -5, Ch. -4 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -Pt. -5, Ch. -4, Art. -B -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -5-421 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1850.1 et seq. -T} T{ -.nr LL 23.3n -Pt. -5, Ch. -5 -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -Pt. -5, Ch. -5, Art. -B -.br -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -4200.1 et seq. -T} T{ -.nr LL 23.3n -9-1241 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -4200.10 -T} T{ -.nr LL 23.3n -Pt. -9, Ch. -12 -T} -T{ -.nr LL 23.3n -60 -T} T{ -.nr LL 23.3n -650 et seq. -T} T{ -.nr LL 23.3n -Pt. -7, Ch. -8 -T} -T{ -.nr LL 23.3n -61 -T} T{ -.nr LL 23.3n -101 et seq. -T} T{ -.nr LL 23.3n -7-204 -T} -T{ -.nr LL 23.3n -62 -T} T{ -.nr LL 23.3n -601 et seq. -T} T{ -.nr LL 23.3n -7-105 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -310.1(C) -T} T{ -.nr LL 23.3n -7-202 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -430.1(B) -T} T{ -.nr LL 23.3n -7-205 -T} -T{ -.nr LL 23.3n -63 -T} T{ -.nr LL 23.3n -1-508 -T} T{ -.nr LL 23.3n -4-162 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-1011 -T} T{ -.nr LL 23.3n -8-111 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-1101 et seq. -T} T{ -.nr LL 23.3n -Pt. -8, Ch. -6, Art. -A -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-5121 et seq. -T} T{ -.nr LL 23.3n -8-1202 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -10-502 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-1522 -T} T{ -.nr LL 23.3n -8-701 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-1523 -T} T{ -.nr LL 23.3n -8-702 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-1525 -T} T{ -.nr LL 23.3n -8-703 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-1901 et seq. -T} T{ -.nr LL 23.3n -8-702 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-2501 et seq. -T} T{ -.nr LL 23.3n -Pt. -9, Ch. -2 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1-2512(B) -T} T{ -.nr LL 23.3n -15-101 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -2-101 et seq. -T} T{ -.nr LL 23.3n -10-502, 10-503 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -15-520 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -2-101(8) -T} T{ -.nr LL 23.3n -15-520 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -2-101.1 -T} T{ -.nr LL 23.3n -10-503 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -2-405 -T} T{ -.nr LL 23.3n -10-503 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -163.1 et seq. -T} T{ -.nr LL 23.3n -Pt. -3, Ch. -2 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -465.20 -T} T{ -.nr LL 23.3n -10-504 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -683.1 et seq. -T} T{ -.nr LL 23.3n -Pt. -13, Ch. -4 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -683.3 -T} T{ -.nr LL 23.3n -15-101 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -683.4 -T} T{ -.nr LL 23.3n -13-402 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -683.11 -T} T{ -.nr LL 23.3n -Pt. -13, Ch. -4 -T} -T{ -.nr LL 23.3n -68 -T} T{ -.nr LL 23.3n -205 -T} T{ -.nr LL 23.3n -7-317 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -7-417 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -7-520 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -217 -T} T{ -.nr LL 23.3n -7-313 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -7-413 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -220 -T} T{ -.nr LL 23.3n -7-314 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -7-414 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -227 -T} T{ -.nr LL 23.3n -7-315 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -7-415 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -301 -T} T{ -.nr LL 23.3n -10-517 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1310 -T} T{ -.nr LL 23.3n -7-311 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1350 et seq. -T} T{ -.nr LL 23.3n -Pt. -7, Ch. -3 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -7-303, 7-304 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -7-306 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -7-320, 7-321 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -7-322 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1352 -T} T{ -.nr LL 23.3n -7-302 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1401 et seq. -T} T{ -.nr LL 23.3n -Pt. -7, Ch. -4 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -7-405, 7-406 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -7-418, 7-419 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1401 -T} T{ -.nr LL 23.3n -7-402 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1408 -T} T{ -.nr LL 23.3n -7-411 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1501 et seq. -T} T{ -.nr LL 23.3n -Pt. -9, Ch. -10, Art. -B -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -1621 et seq. -T} T{ -.nr LL 23.3n -10-328 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -2601 et seq. -T} T{ -.nr LL 23.3n -7-701 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -2601 -.br -T} T{ -.nr LL 23.3n -7-711 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -2701 et seq. -T} T{ -.nr LL 23.3n -Pt. -7, Ch. -3 -T} -T{ -.nr LL 23.3n -70 -T} T{ -.nr LL 23.3n -1210.211 et seq. -T} T{ -.nr LL 23.3n -8-702 -T} -T{ -.nr LL 23.3n -72 -T} T{ -.nr LL 23.3n -1 -T} T{ -.nr LL 23.3n -9-701 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n -221 et seq. -T} T{ -.nr LL 23.3n -8-702 -T} -T{ -.nr LL 23.3n -75 -T} T{ -.nr LL 23.3n -250 et seq. -T} T{ -.nr LL 23.3n -5-1004 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -6-206 -T} -T{ -.nr LL 23.3n -85A -T} T{ -.nr LL 23.3n -1 et seq. -T} T{ -.nr LL 23.3n -5-1004 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -5-1011 -T} -T{ -.nr LL 23.3n -.br -T} T{ -.nr LL 23.3n --- -T} T{ -.nr LL 23.3n -14-312 -T} -.TE -.nr LL \n[LLold] -.ad -.pdfsync |