From 2f93d79b85e9617dddac924822a47ebcbfe0e18c Mon Sep 17 00:00:00 2001 From: Christian Hodgden Date: Sun, 7 Apr 2024 10:28:17 -0500 Subject: converted municipal code webpage --- moore_ok_municipal_code.md | 55449 +++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 55449 insertions(+) create mode 100644 moore_ok_municipal_code.md (limited to 'moore_ok_municipal_code.md') diff --git a/moore_ok_municipal_code.md b/moore_ok_municipal_code.md new file mode 100644 index 0000000..8abf0bd --- /dev/null +++ b/moore_ok_municipal_code.md @@ -0,0 +1,55449 @@ +::: {#contents style="background-color:white;padding-left:0in;padding-right:0in;max-width:99%"} +
+ +::: phx-name +[PREFACE](https://moore.municipalcodeonline.com/book?type=ordinances#name=PREFACE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The Municipal Code of the City of Moore, OK began in-­house in 2020 with +the assistance of Municipal Code Corporation. This City Code shall be +cited as Moore City Code or "MCC" as an acronym. MCC references found +within the code maintain a structure by subject matter using a decimal +and hyphenated numbering system which identifies the chapter and section +(**example: 1-101.01**). This complete set of numbers is designed to aid +in searching and/or referencing the Municipal Code, and to assist in +subsequent codification is new ordinances are added to the Municipal +Code. + +- The first number in the sequence designates the **PART** level +- The second series of numbers (**1**-101) designates the **CHAPTER** + level +- The third series of numbers (1-**101**) designates the **Section** + level +- If a fourth series exists comprising letters or numbers beyond the + section level, it designates a **Subsection** level. + +To outline, give structure, and more granularly reference the +legislation herein, the following list order (or pattern of ascending +alphanumeric characters) is used: **(a), (1), a, 1, i**. Drafting +legislation with this list order better reconciles the content in local +software and hard copies, with the content in this online code. The +legislative history beneath a legislation's content identifies the +specific legal sources, and may be provided to substantiate the online +code. + +The Municipal Code is supplemented from time­ to ­time with amendments and +additions made by Moore, Oklahoma. The specific legal sources that +comprise this Municipal Code have been adopted during the codification +process from the original formatting of the official hard copy. In the +event of discrepancies between the online Municipal Code and the +official hard copy, the official hard copy governs. Municipal Code +Corporation, provides a searchable database of the Municipal Code for +easy reference and convenience. NOTICE: THE MUNICIPAL CODE MAY NOT +REFLECT ALL OR THE MOST CURRENT VERSION OF LEGISLATION ADOPTED BY THE +CITY COUNCIL THAT HAS YET TO BE UPDATED ONLINE. IN THE EVENT OF CONFLICT +BETWEEN THE MUNICIPAL CODE AND A WRITTEN ORDINANCE, THE ORDINANCE +TYPICALLY GOVERNS. ALSO, THE MUNICIPAL CODE MAY NOT REFLECT RULES OR +OTHER REGULATIONS PROMULGATED UNDER THE AUTHORITY OF THE CODE, INCLUDING +TECHNICAL SPECIFICATIONS. FOR MORE INFORMATION CONTACT THE CITY CLERK.\ + +
+ +::: {.phx-name .phx-break} +[CHARTER](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHARTER){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[PREAMBLE](https://moore.municipalcodeonline.com/book?type=ordinances#name=PREAMBLE){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE I INCORPORATION, FORM OF GOVERNMENT, +POWERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_I_INCORPORATION,_FORM_OF_GOVERNMENT,_POWERS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE II THE +COUNCIL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_II_THE_COUNCIL){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE III CITY MANAGER AND ADMINISTRATIVE +DEPARTMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_III_CITY_MANAGER_AND_ADMINISTRATIVE_DEPARTMENTS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE IV DEPARTMENT OF FINANCE, FISCAL +AFFAIRS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IV_DEPARTMENT_OF_FINANCE,_FISCAL_AFFAIRS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE V MUNICIPAL +COURT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_V_MUNICIPAL_COURT){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE VI +ELECTIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VI_ELECTIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE VII +RECALL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VII_RECALL){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE VIII OFFICERS AND EMPLOYEES +GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VIII_OFFICERS_AND_EMPLOYEES_GENERALLY){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE IX GENERAL AND MISCELLANEOUS +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IX_GENERAL_AND_MISCELLANEOUS_PROVISIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE X AMENDMENT AND SEPARABILITY OF +CHARTER](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_X_AMENDMENT_AND_SEPARABILITY_OF_CHARTER){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE XI SUCCESSION IN +GOVERNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_XI_SUCCESSION_IN_GOVERNMENT){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[PREAMBLE](https://moore.municipalcodeonline.com/book?type=ordinances#name=PREAMBLE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[ARTICLE I INCORPORATION, FORM OF GOVERNMENT, +POWERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_I_INCORPORATION,_FORM_OF_GOVERNMENT,_POWERS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Section 1-1 Incorporation, Annexation, +Merging](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-1_Incorporation,_Annexation,_Merging){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 1-2 Form Of +Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-2_Form_Of_Government){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 1-3 Powers Of The +City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-3_Powers_Of_The_City){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Section 1-1 Incorporation, Annexation, +Merging](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-1_Incorporation,_Annexation,_Merging){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +When this charter goes into full effect, the Town of Moore, Oklahoma, +shall become a city, and within the corporate limits as now established +or as hereafter may be established, shall be a municipal body politic +and corporate in perpetuity under the name of the \"City of Moore.\" The +city shall be the legal successor of the town; and as such, it shall +succeed to and possess all the property and rights belonging to the +town, and shall be liable for all debts and other obligations for which +the town is legally bound at the time of the succession in government. + +The City of Moore, Oklahoma, may not be annexed by any other city or be +merged into a combined city-county government or other governmental unit +unless a majority of the qualified electors of the City of Moore voting +on the question at an election approve such annexation or merging. + +
+ +::: phx-name +[Section 1-2 Form Of +Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-2_Form_Of_Government){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The municipal government provided by this charter shall be known as a +\"council-manager government.\" All powers of the city shall be +exercised in the manner prescribed by this charter, or, if the manner is +not thus prescribed, then in such manner as the council may prescribe by +ordinance.\ + +
+ +::: phx-name +[Section 1-3 Powers Of The +City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-3_Powers_Of_The_City){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city shall have all powers, functions, rights, privileges, +franchises, and immunities granted to cities by the state constitution +and law, and all the implied powers necessary to carry into execution +all the powers granted. Except as prohibited by the state constitution +or law, the city shall have all municipal powers, functions, rights, +privileges, franchises, and immunities of every name and nature +whatsoever. + +The city shall have power to adopt a corporate seal and to alter it at +pleasure, to sue and to be sued, and to make contracts. It shall have +power to acquire property within or without its corporate limits for any +city purpose, including public utilities, works, and ways, in fee simple +or any lesser interest or estate, by purchase, gift, devise, lease +condemnation, or other legal means; and to hold, maintain, improve, +enlarge, manage, control, operate, lease, sell, convey, or otherwise +dispose of, such property as its interests may require, including public +utilities, works, and ways. It shall have power to incur indebtedness +and to issue bonds within the limitations prescribed by the state +constitution. It shall have power to accept and administer federal and +state grants-in-aid and to do everything necessary to accomplish the +purpose or purposes for which such grants may be made. It shall have +power to ordain and to enforce local legislation for the proper +organization and functioning of the city government, for the +preservation and enforcement of good government and order, for the +protection of health, life, morals, and property, for the prevention, +summary abatement, and removal of nuisances, and otherwise for the +promotion of the common welfare. It shall have power to grant, extend, +and renew franchises in accordance with the state constitution. + +The enumeration or mention of particular powers by this charter shall +not be deemed to be exclusive or limiting; and in addition to the powers +enumerated or mentioned herein or implied hereby, the city shall have +all powers which, under the state constitution and law, it would be +competent for this charter specifically to enumerate or mention. + +Provisions of state law relating to matters which may be regulated by +cities operating under charters, shall be in effect only insofar as they +are applicable and are not superseded by this charter or by ordinance. + +
+ +::: phx-name +[ARTICLE II THE +COUNCIL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_II_THE_COUNCIL){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Section 2-1 Councilmen: Number, +Qualification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-1_Councilmen:_Number,_Qualification){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-2 Mayor And Vice +Mayor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-2_Mayor_And_Vice_Mayor){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-3 Councilmen: +Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-3_Councilmen:_Compensation){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-4 Council +Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-4_Council_Powers){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-5 Council Not To Interfere In Appointments And +Removals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-5_Council_Not_To_Interfere_In_Appointments_And_Removals){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-6 City Clerk To Be Clerical Officer Of +Council](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-6_City_Clerk_To_Be_Clerical_Officer_Of_Council){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-7 Council: +Meetings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-7_Council:_Meetings){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-8 Councilmen: Absences To Terminate +Membership](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-8_Councilmen:_Absences_To_Terminate_Membership){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-9 Councilmen: +Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-9_Councilmen:_Removal){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-10 Council +Vacancies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-10_Council_Vacancies){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-11 Council: Quorum, Rules, Yeas And +Nays](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-11_Council:_Quorum,_Rules,_Yeas_And_Nays){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-12 Ordinances: Enacting +Clause](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-12_Ordinances:_Enacting_Clause){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-13 Ordinances: Passage, When In +Effect](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-13_Ordinances:_Passage,_When_In_Effect){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-14 Ordinances: +Emergency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-14_Ordinances:_Emergency){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-15 Ordinances: Adoption By +Reference](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-15_Ordinances:_Adoption_By_Reference){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 2-16 Ordinances: +Codification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-16_Ordinances:_Codification){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Section 2-1 Councilmen: Number, +Qualification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-1_Councilmen:_Number,_Qualification){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There shall be a council of seven members, which shall consist of a +councilman at large and two councilmen from each of the three wards of +the city as the wards are constituted in this charter or as they may +hereafter be constituted by ordinance. Only qualified electors of the +city who are freeholders in the city shall be qualified for the office +of councilman at large. Only qualified electors residing in the city and +at the time of their election, in their respective wards, who are +freeholders in the city, shall be qualified for the offices of +councilmen from the wards. Candidates for councilpersons shall be +nominated and elected by the qualified electors of their respective +wards, of which wards said candidates must be at all times during the +term of office a resident. No councilman may hold any office or position +in the city government by appointment by the city manager or by any +subordinate of the city manager. If a councilman is convicted of a crime +involving moral turpitude, his office shall become immediately vacant at +the expiration of the period during which he may appeal or, in case of +appeal, when the case is finally determined. + +(Res. No. 195 (87), 1-5-1987) + +
+ +::: phx-name +[Section 2-2 Mayor And Vice +Mayor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-2_Mayor_And_Vice_Mayor){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Beginning with the primary and/or general elections for the City of +Moore, Oklahoma, on the third Tuesday in March 1970, and thereafter, +according to the charter for the City of Moore, Oklahoma, there shall be +nominated or elected a mayor of the City of Moore. Said mayor shall be +the councilman at large. The mayor and councilman at large shall have +all the duties and responsibilities now possessed by those enumerated in +the charter of the City of Moore, Oklahoma, for the councilman at large. + +At the first meeting after the time prescribed for the beginning of the +terms of newly elected councilmen, or as soon thereafter as practicable, +the council shall elect from its membership a vice mayor, who shall +serve until the time prescribed for the beginning of the terms of newly +elected councilmen. + +The mayor shall preside at meetings of the council. He shall be +recognized as head of the city government for all ceremonial purposes +and by the governor for purposes of military law. He shall have no +regular administrative duties except that he shall sign such written +obligations of the city as the council may require. As a councilman, he +shall have all powers, rights, privileges, duties, and responsibilities +of a councilman, including the right to vote on questions. + +The vice mayor shall act as mayor during the absence, disability, or +suspension of the mayor, or, if a vacancy occurs in the office of mayor, +until another mayor is elected for completion of the unexpired term and +qualifies. If the office of vice mayor becomes vacant, the council shall +elect from its membership another vice mayor for completion of the +unexpired term. + +
+ +::: phx-name +[Section 2-3 Councilmen: +Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-3_Councilmen:_Compensation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Each councilman shall be paid one hundred dollars (\$100.00) per month +beginning in April 1999, but shall not be paid for any other services +rendered the city. The mayor or councilman at large shall be paid the +sum of three hundred dollars (\$300.00) per month for each and every +month or any part thereof that he holds office. The councilmen and the +mayor may be reimbursed for expenses incurred in the discharge of their +official duties. + +(Res. No. 116(81), § 1, 2-2-1981; Res. No. 432(99), 1-7-1999) + +
+ +::: phx-name +[Section 2-4 Council +Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-4_Council_Powers){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Except as otherwise provided in this charter, all powers of the city, +including the determination of all matters of policy, shall be vested in +the council. Without limitation of the foregoing, the council shall have +power, subject to the provisions of this charter: + +1. To appoint and remove the city manager; +2. By ordinance to enact municipal legislation; +3. To raise revenue and make appropriations, and to regulate bond + elections, the issuance of bonds, sinking funds, the refunding of + indebtedness, salaries and wages, and all other fiscal affairs of + the city; +4. To inquire into the conduct of any office, department, or agency of + the city government, and investigate municipal affairs; +5. To appoint or elect and remove the members of the personnel board, + the members of the planning commission, the members of the board of + adjustment, and other quasi-legislative, quasi-judicial, or advisory + officers and authorities, now or when and if established, or to + prescribe the method of remission of fines and costs; +6. To grant pardons for violations of the charter and ordinances, + including the remission of fines and costs; +7. To regulate elections, the initiative and referendum, and recall; +8. To regulate the organization, powers, duties, and functions of the + municipal court and of the minor violations bureau when and if + established; +9. To create, change, and abolish all offices, departments, and + agencies of the city government other than the offices, departments, + and agencies created by this charter; and to assign additional + powers, duties, and functions to offices, departments, and agencies + created by this charter. + +
+ +::: phx-name +[Section 2-5 Council Not To Interfere In Appointments And +Removals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-5_Council_Not_To_Interfere_In_Appointments_And_Removals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 2-6 City Clerk To Be Clerical Officer Of +Council](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-6_City_Clerk_To_Be_Clerical_Officer_Of_Council){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 2-7 Council: +Meetings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-7_Council:_Meetings){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The council shall hold at least two (2) regular meetings every month, at +such time as it may prescribe by ordinance or otherwise. The mayor or +any four (4) councilmen may call special meetings. All meetings of the +council shall be open to the public, and the journal of its proceedings +shall be open to public inspection, except personnel or executive +sessions may be conducted, as may be authorized by the statutes of the +State of Oklahoma. + +(Res. No. 116(81), § 1, 2-2-1981) + +
+ +::: phx-name +[Section 2-8 Councilmen: Absences To Terminate +Membership](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-8_Councilmen:_Absences_To_Terminate_Membership){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 2-9 Councilmen: +Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-9_Councilmen:_Removal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 2-10 Council +Vacancies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-10_Council_Vacancies){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 2-11 Council: Quorum, Rules, Yeas And +Nays](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-11_Council:_Quorum,_Rules,_Yeas_And_Nays){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 2-12 Ordinances: Enacting +Clause](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-12_Ordinances:_Enacting_Clause){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The enacting clause of all ordinances passed by the council shall be, +\"Be it ordained by the Council of the City of Moore, Oklahoma,\" and of +all ordinances proposed by the voters under their power of initiative, +\"Be it ordained by the People of the City of Moore, Oklahoma.\"\ + +
+ +::: phx-name +[Section 2-13 Ordinances: Passage, When In +Effect](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-13_Ordinances:_Passage,_When_In_Effect){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 2-14 Ordinances: +Emergency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-14_Ordinances:_Emergency){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +An emergency ordinance is an ordinance which in the judgment of the +council is necessary for the immediate preservation of peace, health or +safety, and which should become effective prior to the time when an +ordinary ordinance would become effective. Every such ordinance shall +contain as a part of its title, the words, \"and declaring an +emergency\" and in a separation section, herein called the emergency +section, shall declare the emergency. An affirmative vote of at least +six councilmen shall be required for the passage of an emergency +ordinance. An emergency ordinance shall take effect upon passage and +publication unless it specifies a later time.\ + +
+ +::: phx-name +[Section 2-15 Ordinances: Adoption By +Reference](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-15_Ordinances:_Adoption_By_Reference){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 2-16 Ordinances: +Codification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-16_Ordinances:_Codification){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[ARTICLE III CITY MANAGER AND ADMINISTRATIVE +DEPARTMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_III_CITY_MANAGER_AND_ADMINISTRATIVE_DEPARTMENTS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Section 3-1 City Manager: Appointment, Term, Qualifications, +Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-1_City_Manager:_Appointment,_Term,_Qualifications,_Removal){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 3-2 Absence Or Disability Of City +Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-2_Absence_Or_Disability_Of_City_Manager){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 3-3 City Manager: Powers And +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-3_City_Manager:_Powers_And_Duties){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 3-4 Administrative Departments, Offices, And +Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-4_Administrative_Departments,_Offices,_And_Agencies){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Section 3-1 City Manager: Appointment, Term, Qualifications, +Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-1_City_Manager:_Appointment,_Term,_Qualifications,_Removal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 3-2 Absence Or Disability Of City +Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-2_Absence_Or_Disability_Of_City_Manager){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 3-3 City Manager: Powers And +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-3_City_Manager:_Powers_And_Duties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager shall be chief administrative officer and head of the +administrative branch of the city government. He shall execute the laws +and ordinances and administer the government of the city, and shall be +responsible therefor to the council. He shall: + +1. Appoint, and when deemed necessary for the good of the service, lay + off, suspend, demote, or remove all directors, or heads, of + administrative departments and all other administrative officers and + employees of the city except as he may authorize the head of a + department, an officer, or an agency to appoint, lay off, suspend, + demote, and remove subordinates in such department, office, or + agency; +2. Supervise and control directly or indirectly, all administrative + departments, agencies, officers, and employees; +3. Prepare a budget annually and submit it to the council, be + responsible for the administration of the budget after it goes into + effect, and recommend to the council any changes in the budget which + he deems desirable; +4. Submit to the council a report as of the end of the fiscal year on + the finances and administrative activities of the city for the + preceding year; +5. Keep the council advised of the financial condition and future needs + of the city, and make such recommendations to the council on matters + of policy and other matters as may seem to him desirable; +6. Have such other powers, duties and functions as this charter may + prescribe, and such powers, duties, and functions consistent with + this charter as the council may prescribe. + +
+ +::: phx-name +[Section 3-4 Administrative Departments, Offices, And +Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-4_Administrative_Departments,_Offices,_And_Agencies){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[ARTICLE IV DEPARTMENT OF FINANCE, FISCAL +AFFAIRS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IV_DEPARTMENT_OF_FINANCE,_FISCAL_AFFAIRS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Section 4-1 City Clerk: Office Created, +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-1_City_Clerk:_Office_Created,_Duties){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 4-2 City Treasurer: Office Created, +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-2_City_Treasurer:_Office_Created,_Duties){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 4-3 Purchases And +Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-3_Purchases_And_Sales){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 4-4 Sale Of Property Valued At More Than +\$25,000](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-4_Sale_Of_Property_Valued_At_More_Than_$25,000){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 4-5 Public +Improvements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-5_Public_Improvements){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 4-6 Fiscal +Year](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-6_Fiscal_Year){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 4-7 Independent Annual +Audit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-7_Independent_Annual_Audit){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Section 4-1 City Clerk: Office Created, +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-1_City_Clerk:_Office_Created,_Duties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 4-2 City Treasurer: Office Created, +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-2_City_Treasurer:_Office_Created,_Duties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 4-3 Purchases And +Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-3_Purchases_And_Sales){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager, subject to any regulations which the council may +prescribe, shall contract for and purchase, or issue purchase +authorizations for, all supplies, materials, and equipment for the +offices, departments, and agencies of the city government. Every such +contract or purchase exceeding an amount to be established by ordinance, +shall require the prior approval of the council. The city manager also +may transfer to or between offices, departments, and agencies, or sell, +surplus or obsolete supplies, materials, and equipment, subject to such +regulations as the council may prescribe. + +Before the purchase of, or contract for, any supplies, materials, or +equipment, or the sale of any surplus or obsolete supplies, materials, +or equipment, ample opportunity for competitive bidding, under such +regulations, and with such exceptions, as the council may prescribe, +shall be given; but the council shall not except an individual contract, +purchase, or sale from the requirement of competitive bidding. + +The council by ordinance may transfer some or all of the power granted +to the city manager by this section to an administrative officer +subordinate to the city manager. + +
+ +::: phx-name +[Section 4-4 Sale Of Property Valued At More Than +\$25,000](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-4_Sale_Of_Property_Valued_At_More_Than_$25,000){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The sale of any property, real or personal, including public utilities, +or of any interest therein, the value of which is more than \$25,000, +shall be made only (1) by authority of an affirmative vote of a majority +of the qualified electors of the city who vote on the question of +approving or authorizing the sale at an election, or (2) by authority of +a special nonemergency ordinance. Such ordinance shall be published in +full in a newspaper authorized to publish legal publications within ten +days after its passage, and shall include a section reading +substantially as follows: \"Section. This ordinance shall be referred to +a vote of the electors of the city if a legal and sufficient referendum +petition is properly filed within thirty days after its passage; +otherwise it shall go into effect thirty days after its passage and +publication.\" The sale of an entire public utility may be authorized +only as provided in (1) hereinabove.\ + +
+ +::: phx-name +[Section 4-5 Public +Improvements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-5_Public_Improvements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 4-6 Fiscal +Year](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-6_Fiscal_Year){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 4-7 Independent Annual +Audit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-7_Independent_Annual_Audit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[ARTICLE V MUNICIPAL +COURT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_V_MUNICIPAL_COURT){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Section 5-1 Municipal +Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_5-1_Municipal_Court){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Section 5-1 Municipal +Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_5-1_Municipal_Court){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[ARTICLE VI +ELECTIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VI_ELECTIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Section 6-1 Overlapping Terms Of Four Years; Nominated And Elected At +Large; Nonpartisan +Elections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-1_Overlapping_Terms_Of_Four_Years;_Nominated_And_Elected_At_Large;_Nonpartisan_Elections){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 6-2 Primary Election: +Filing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-2_Primary_Election:_Filing){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 6-3 Primary Election: Time, +Etc](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-3_Primary_Election:_Time,_Etc){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 6-4 Primary Election: Who Nominated Or +Elected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-4_Primary_Election:_Who_Nominated_Or_Elected){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 6-5 General Election: Time, Who +Elected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-5_General_Election:_Time,_Who_Elected){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 6-6 Primary And General Elections: When Not +Held](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-6_Primary_And_General_Elections:_When_Not_Held){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 6-7 Registered Qualified +Electors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-7_Registered_Qualified_Electors){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 6-8 Political Activity Of Officers And +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-8_Political_Activity_Of_Officers_And_Employees){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 6-9 State Constitution And Law To +Govern](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-9_State_Constitution_And_Law_To_Govern){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 6-10 Authorizing Absentee +Voting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-10_Authorizing_Absentee_Voting){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Section 6-1 Overlapping Terms Of Four Years; Nominated And Elected At +Large; Nonpartisan +Elections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-1_Overlapping_Terms_Of_Four_Years;_Nominated_And_Elected_At_Large;_Nonpartisan_Elections){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The councilperson at large shall be elected at the elections herein +provided for in even numbered years, and one councilperson from each +ward shall be elected at said elections. Beginning in the year 2000 the +councilperson shall serve for terms of four years beginning on the first +council meeting following the statutory general election date in the +respective years when they are elected. If a councilperson-elect fails +to qualify within one month thereafter, his office shall become vacant, +and the vacancy shall be filled as other vacancies in the council are +filled. + +All candidates for councilmen \[councilman at large\] shall be +nominated, and all councilmen \[the councilman at large\] shall be +elected, at large, by the qualified electors of the entire city; but +candidates for councilmen from the wards must be \[nominated and elected +by the\] qualified electors of their respective wards. + +Both the primary and the general election shall be nonpartisan; and no +party designation or emblem shall be placed on the ballots. + +Nothing in this charter shall prohibit the use of voting machines. + +(Res. No. 432(99), 1-7-1999) + +::: phx-docs +HISTORY\ +*Amended by Res. +[589(05)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/18/2005\ +* +::: + +
+ +::: phx-name +[Section 6-2 Primary Election: +Filing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-2_Primary_Election:_Filing){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any qualified person may have his name placed on the ballot for the +primary election as a candidate for councilman or mayor by filing, +during the time required by the statutes of the State of Oklahoma, but +if not provided for by the legislature, then not more than one month and +at least two (2) weeks prior to the primary election, with the secretary +of the county election board, a sworn statement of his or her candidacy. +The mayor or councilman may be a candidate for re-election but a +councilman may not be a candidate for mayor or the other seat or office +in the same ward as the councilman serves. + +(Res. No. 142(83), § 1, 1-17-1983) + +
+ +::: phx-name +[Section 6-3 Primary Election: Time, +Etc](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-3_Primary_Election:_Time,_Etc){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A primary election shall be held on the statutory election date in each +election year to nominate candidates for councilperson to succeed those +whose terms are expiring. If only one person is a candidate for the +office to be filled, he shall be not only nominated, but also elected +ipsa facto; and his name shall not appear on the primary or general +election ballot. Every qualified elector of the city shall be entitled +to vote for one candidate for \[the office of councilperson at large to +be filled; qualified electors within each ward shall be entitled to vote +for one candidate for\] each office \[of councilperson from that +respective ward\] to be filled. + +::: phx-docs +HISTORY\ +*Adopted by Res. +[589(05)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/18/2005\ +* +::: + +
+ +::: phx-name +[Section 6-4 Primary Election: Who Nominated Or +Elected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-4_Primary_Election:_Who_Nominated_Or_Elected){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 6-5 General Election: Time, Who +Elected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-5_General_Election:_Time,_Who_Elected){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A general election shall be held in the city on the statutory general +election date to elect the councilperson to succeed those whose terms +are expiring. Every qualified elector of the City shall be entitled to +vote for one of the two candidates for each office \[the office of +councilperson at large\] to be filled, \[and every qualified elector of +each ward shall be entitled to vote for one of the two candidates for +the office of councilperson from that respective ward to be filled\], +but may not vote for any other person. The candidate for each office +receiving the greater number of votes, shall be elected. In case of a +tie, the election shall be determined, fairly by lot, by the county +election board in a public meeting. + +(Res. No. 432(99), 1-7-1999) + +::: phx-docs +HISTORY\ +*Amended by Res. +[589(05)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/18/2005\ +* +::: + +
+ +::: phx-name +[Section 6-6 Primary And General Elections: When Not +Held](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-6_Primary_And_General_Elections:_When_Not_Held){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If there are no candidates and no questions to be voted upon at a +primary or general election, the election shall not be held.\ + +
+ +::: phx-name +[Section 6-7 Registered Qualified +Electors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-7_Registered_Qualified_Electors){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 6-8 Political Activity Of Officers And +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-8_Political_Activity_Of_Officers_And_Employees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No officer or employee of the city except the councilmen and personnel +who receive no compensation for their services, may work for or against, +or attempt to influence, the nomination, election, or defeat of any +candidate for councilman, or the recall of any councilman; provided that +this shall not prohibit the ordinary exercise of one\'s right to express +his opinions and to vote. Any person who violates this section shall be +punished, upon conviction thereof, by a fine not exceeding twenty +dollars including costs. Such violation shall constitute cause for +removal from office or employment; and if the regular removal authority +has not already removed a person who violates this section, he shall be +automatically removed by the said conviction of violating this section +effective at the expiration of his right of appeal or, in the case of +appeal, when the case is finally determined.\ + +
+ +::: phx-name +[Section 6-9 State Constitution And Law To +Govern](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-9_State_Constitution_And_Law_To_Govern){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions of the state constitution and law applicable to city +elections, shall govern such elections in this city insofar as they are +applicable and are not superseded by this charter or by ordinance. + +A proclamation of the mayor calling a special election need not (but +may) set forth the names of the precinct officers who are to conduct the +election but shall give the locations of polling places. + +
+ +::: phx-name +[Section 6-10 Authorizing Absentee +Voting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-10_Authorizing_Absentee_Voting){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Voting by absentee ballots shall be permitted in all municipal, primary, +general or special elections to be held in the City of Moore, Oklahoma, +beginning in the year 1982 A.D. + +(Res. No. 116(81), § 1, 2-2-1981) + +
+ +::: phx-name +[ARTICLE VII +RECALL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VII_RECALL){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Section 7-1 Recall +Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-1_Recall_Authorized){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 7-2 Recall +Petition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-2_Recall_Petition){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 7-3 Recall Election: Council To +Order](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-3_Recall_Election:_Council_To_Order){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 7-4 Recall Election: How +Held](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-4_Recall_Election:_How_Held){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 7-5 Person Recalled Or +Resigning](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-5_Person_Recalled_Or_Resigning){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Section 7-1 Recall +Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-1_Recall_Authorized){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The incumbent of any elective city office, including a person appointed +to fill a vacancy in any such office, may be recalled from office by the +electors qualified to vote for the election of a successor to the +incumbent, in the manner provided herein; provided, that the recall +statement or petition shall be for official misconduct of said official, +which shall include, but not be limited to, willful neglect of duty, +corruption in office, habitual drunkenness, incompetency, or a +conviction of any offense involving moral turpitude committed while in +office. + +(Res. No. 131(82), § 1, 2-12-1982) + +
+ +::: phx-name +[Section 7-2 Recall +Petition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-2_Recall_Petition){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. To initiate recall proceedings, a written statement in duplicate + proposing the recall of the incumbent of an elective office, shall + be signed by twenty or more registered qualified electors of the + city, and shall be filed with the city clerk after the incumbent has + held the office at least four months. The statement shall also + contain the reason or reasons for which the recall is sought, in not + more than two hundred words. Within five days, the city clerk shall + mail a copy of such statement by registered, certified, or similar + special mail to the officer at his residential address. Within ten + days after the statement is mailed to the officer, the officer may + make and file with the city clerk a written statement in duplicate + justifying his conduct in office, in not more than two hundred + words; and the city clerk on request shall deliver one copy to one + of the persons filing the statement proposing the recall. +2. The petition for recall shall include a demand that a successor to + the incumbent sought to be recalled be elected, and shall also + include before the space where the signatures are to be written the + statement giving the reason or reasons for recall under the heading + \"STATEMENT FOR RECALL,\" and if the officer has filed a statement + as authorized, the statement justifying his conduct in office under + the heading \"STATEMENT AGAINST RECALL.\" The two statements shall + be in letters of the same size. A copy of the petition shall be + filed with the city clerk within one month after recall proceedings + are initiated by the filing of the first statement, and before the + petition is circulated. +3. A number of registered qualified electors of the city equal at least + to thirty-five percent (35%) of the number of electors who voted in + the last general municipal election, must sign the petition. Each + signer shall write after his name his address within the city, + giving street or avenue and number, if any. Not more than one + hundred signatures may appear on a single copy of the petition. + Petitions may be circulated only by registered qualified electors of + the city; and the person who circulates each copy of the petition + shall sign an affidavit on the copy stating that each signer signed + the petition in his presence, that each signature on the petition is + genuine, and that he believes each signer to be a registered + qualified elector of the city. +4. The circulated petition shall be filed with the city clerk not later + than one month after the filing of a copy as provided above. Within + one month after date of filing of the circulated petition, the city + clerk shall examine it and ascertain whether it has been prepared + and circulated as required, and whether the required number of + registered qualified electors of the city have signed it. He shall + then attach his certificate to the petition. If his certificate + states that the petition has not been prepared and circulated as + required and/or lacks a sufficient number of signatures, the + petition shall have no effect unless the decision of the city clerk + is appealed from and reversed by the district court. But, if the + city clerk\'s certificate states that the petition has been prepared + and circulated as required and has a sufficient number of + signatures, he shall submit the petition and certificate to the + council at its next meeting. Provided that any qualified elector who + has signed said petition or the officer affected may appeal from the + decision of the city clerk within five days from the date of such + decision to the district court. + +
+ +::: phx-name +[Section 7-3 Recall Election: Council To +Order](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-3_Recall_Election:_Council_To_Order){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The council, by resolution or ordinance passed within ten days after +receiving the petition and certificate of the city clerk or after the +decision of the court, shall order and fix the date for a recall +election, which shall be held not less than forty days, nor more than +fifty days, after passage of the resolution or ordinance. The city clerk +shall cause the resolution or ordinance ordering the election to be +published in full in a newspaper authorized to publish legal +publications within ten days after its passage; and such publication +shall be sufficient notice of the election. + +The qualified electors of the city may vote in a recall election on the +election of successors to more than one incumbent of an elective office +on the same day. + +
+ +::: phx-name +[Section 7-4 Recall Election: How +Held](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-4_Recall_Election:_How_Held){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The recall election shall be an election to fill the office held by the +incumbent sought to be recalled. There shall be no primary. Any +qualified person, including the incumbent, may file as a candidate for +the office. The candidate receiving the greatest number of votes in the +recall election shall be elected. If a candidate other than the +incumbent is elected, the incumbent shall be recalled from office +effective as of the time when the result of the election is certified. +The said successful candidate must qualify within one month thereafter; +and if he fails to do so, the office shall be vacant, and the vacancy +shall be filled as other vacancies in the council are filled. A +candidate thus elected and qualifying shall serve for the unexpired +term. If the incumbent is a candidate an receives the greatest number of +votes, he shall continue in office without interruption; and recall +proceedings may not again be initiated against him within one year after +the election. + +The provisions of this charter relating to city elections shall also +govern recall elections insofar as they are applicable and are not +superseded by the provisions of this article. + +
+ +::: phx-name +[Section 7-5 Person Recalled Or +Resigning](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-5_Person_Recalled_Or_Resigning){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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. + +
+ +::: phx-name +[ARTICLE VIII OFFICERS AND EMPLOYEES +GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VIII_OFFICERS_AND_EMPLOYEES_GENERALLY){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Section 8-1 Appointments, Removals, Etc., Personnel +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-1_Appointments,_Removals,_Etc.,_Personnel_Regulations){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 8-2 Personnel Board +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-2_Personnel_Board_Created){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 8-3 Classified And Unclassified +Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-3_Classified_And_Unclassified_Services){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 8-4 Removal, Etc., Hearing Before The Personnel +Board](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-4_Removal,_Etc.,_Hearing_Before_The_Personnel_Board){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 8-5 Qualifications Of Officers And +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-5_Qualifications_Of_Officers_And_Employees){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 8-6 +Nepotism](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-6_Nepotism){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 8-7 Holding More Than One +Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-7_Holding_More_Than_One_Office){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 8-8 Official +Bonds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-8_Official_Bonds){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 8-9 Oath Or Affirmation Of +Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-9_Oath_Or_Affirmation_Of_Office){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 8-10 Who May Administer Oaths And +Affirmations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-10_Who_May_Administer_Oaths_And_Affirmations){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 8-11 Removal, Etc., Of Officers And +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-11_Removal,_Etc.,_Of_Officers_And_Employees){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 8-12 Acting Officers And +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-12_Acting_Officers_And_Employees){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 8-13 Officers To Continue Until Successors Are Elected Or +Appointed And +Qualify](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-13_Officers_To_Continue_Until_Successors_Are_Elected_Or_Appointed_And_Qualify){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 8-14 Conflict Of +Interests](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-14_Conflict_Of_Interests){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Section 8-1 Appointments, Removals, Etc., Personnel +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-1_Appointments,_Removals,_Etc.,_Personnel_Regulations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 8-2 Personnel Board +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-2_Personnel_Board_Created){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There shall be a personnel board consisting of three members appointed +by the council for overlapping six-year terms. The term of one member +shall begin July 1 in every even-numbered year. The council shall +appoint the three original members so that the term of one will expire +at that time in each of the first three succeeding even-numbered years. +A member may not hold any other office or position in the city +government. The council, by a vote of at least five members, after +adequate opportunity for a public hearing, may remove a member for the +good of the service; and the vote shall be by yeas and nays and shall be +entered in the journal. The council shall fill vacancies for the +unexpired terms. Members shall serve without compensation unless the +council provides otherwise. + +At the time prescribed for the beginning of the term of a newly +appointed member or as soon thereafter as practicable, the board shall +elect a chairman, a vice-chairman, and a secretary; and the secretary +need not be a member of the board. The board shall determine the time +and place of its regular meetings, and the chairman or two members may +call special meetings. + +The personnel board shall have power to subpoena officers and employees +of the city and other persons to testify and to produce documents and +other effects as evidence. The chairman shall have power to administer +oaths and affirmations. + +
+ +::: phx-name +[Section 8-3 Classified And Unclassified +Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-3_Classified_And_Unclassified_Services){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All officers and employees of the city shall be divided into the +classified and the unclassified service. + +1. The following shall constitute the unclassified service: + 1. The mayor and other councilmen, and the municipal judge; + 2. The city manager, and one secretary to the city manager, if any; + 3. Members and secretary of each board, commission, or other plural + authority; + 4. All personnel who serve without compensation; + 5. Persons appointed or employed on a temporary basis to make or + conduct a special audit, inquiry, investigation, study, + examination, or installation, or to perform a temporary + professional or technical service, subject to such exceptions, + limitations, and regulations as the ordinances or personnel + rules may prescribe; and such other temporary personnel as may + be placed in the unclassified service by ordinance or personnel + rules. +2. All other officers and employees shall be in the classified service; + provided that, when the city has over 30,000 people as shown by any + last preceding federal census, any of the following may be placed in + the unclassified service by ordinance or personnel rules: One + assistant city manager if any; the heads, or directors, of + administrative departments; and one secretary for each such head, or + director, who has a secretary. +3. Nothing herein shall prohibit including personnel in the + unclassified service in the classification plan. + +
+ +::: phx-name +[Section 8-4 Removal, Etc., Hearing Before The Personnel +Board](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-4_Removal,_Etc.,_Hearing_Before_The_Personnel_Board){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager or any other authority who lays off, suspends without +pay for more than ten days, demotes, or removes any regular (that is, +nontemporary) officer or employee in the classified service after a +probationary period of six months, shall, at that time or within two +days thereafter, deliver, or have delivered, or mail by registered, +certified, or similar special mail, to the officer or employee a written +statement of the reason or reasons for the layoff, suspension, demotion, +or removal. Such officer or employee may appeal in writing to the +personnel board. The appeal must be filed with the secretary of the +board, or with the city clerk for transmittal to the board, within ten +(10) days after receipt of notice of the layoff, suspension, demotion, +or removal (which appeal may thus be filed either before or after the +time of effectiveness of the layoff, suspension, demotion, or removal). +As soon as practicable thereafter, the board shall hold a public hearing +on the appeal, or give an adequate opportunity therefor, and shall +report in writing its findings and recommendations, in cases of +subordinates of the city manager, to the city manager, and in other +cases to the respective authorities having power of removal; and the +city manager or other authority having power of removal shall then make +a final decision in writing regarding the appellant\'s layoff, +suspension, demotion, or removal, as the case may be; provided that, if +the board finds that the layoff, suspension, demotion, or removal was +made for a political reason or reasons or for any other reason or +reasons than the good of the service, it shall veto the layoff, +suspension, demotion, or removal, and the action by the city manager or +other authority shall be nullified thereby.\ + +
+ +::: phx-name +[Section 8-5 Qualifications Of Officers And +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-5_Qualifications_Of_Officers_And_Employees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 8-6 +Nepotism](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-6_Nepotism){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 8-7 Holding More Than One +Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-7_Holding_More_Than_One_Office){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 8-8 Official +Bonds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-8_Official_Bonds){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 8-9 Oath Or Affirmation Of +Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-9_Oath_Or_Affirmation_Of_Office){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every officer of the city, before entering upon the duties of his +office, shall take and subscribe to the oath or affirmation of office +prescribed by the state constitution. The oath or affirmation shall be +filed in the city clerk\'s office.\ + +
+ +::: phx-name +[Section 8-10 Who May Administer Oaths And +Affirmations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-10_Who_May_Administer_Oaths_And_Affirmations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 8-11 Removal, Etc., Of Officers And +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-11_Removal,_Etc.,_Of_Officers_And_Employees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 8-12 Acting Officers And +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-12_Acting_Officers_And_Employees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 8-13 Officers To Continue Until Successors Are Elected Or +Appointed And +Qualify](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-13_Officers_To_Continue_Until_Successors_Are_Elected_Or_Appointed_And_Qualify){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 8-14 Conflict Of +Interests](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-14_Conflict_Of_Interests){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Neither any councilman nor the city manager shall sell or barter +anything to the city or to a contractor to be supplied to the city; or +make any contract with the city; or purchase anything from the city +other than those things which the city offers generally to the public +(as for example, utility services), and then only on the same terms as +are offered to the public. Any such officer violating this section, upon +conviction thereof, shall thereby forfeit his office. Any violation of +this section, with knowledge, express or implied, of the person or +corporation contracting with the city, shall render the contract +voidable by the city manager or the council. This section shall not +apply in cases in which the city acquires property by condemnation. + +The council by ordinance or personnel rules may further regulate +conflict of interests and ethics of officers and employees of the city. + +
+ +::: phx-name +[ARTICLE IX GENERAL AND MISCELLANEOUS +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IX_GENERAL_AND_MISCELLANEOUS_PROVISIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Section 9-1 +Gender](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-1_Gender){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 9-2 Initiative And +Referendum](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-2_Initiative_And_Referendum){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 9-3 Publicity Of +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-3_Publicity_Of_Records){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Section 9-1 +Gender](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-1_Gender){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +When the masculine gender is used in this charter, it shall also mean +the feminine unless the masculine alone is clearly indicated.\ + +
+ +::: phx-name +[Section 9-2 Initiative And +Referendum](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-2_Initiative_And_Referendum){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 9-3 Publicity Of +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-3_Publicity_Of_Records){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[ARTICLE X AMENDMENT AND SEPARABILITY OF +CHARTER](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_X_AMENDMENT_AND_SEPARABILITY_OF_CHARTER){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Section 10-1 Amendment: Proposal, Ratification, +Approval](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-1_Amendment:_Proposal,_Ratification,_Approval){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 10-2 +Separability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-2_Separability){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Section 10-1 Amendment: Proposal, Ratification, +Approval](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-1_Amendment:_Proposal,_Ratification,_Approval){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 10-2 +Separability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-2_Separability){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If a court of competent jurisdiction should hold any section or part of +this charter invalid, such holding shall not affect the remainder of +this charter nor the context in which such section or part so held +invalid may appear, except to the extent that an entire section or part +may be inseparably connected in meaning and effect with that section or +part. + +If a court of competent jurisdiction holds a part of this charter +invalid, or if a change in the state constitution or law renders a part +of this charter invalid or inapplicable, the council by ordinance may +take such appropriate action as will enable the city government to +function properly. + +
+ +::: phx-name +[ARTICLE XI SUCCESSION IN +GOVERNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_XI_SUCCESSION_IN_GOVERNMENT){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Section 11-1 Wards +(Reserved)](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-1_Wards_(Reserved)){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 11-2 When Charter Goes Into +Effect](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-2_When_Charter_Goes_Into_Effect){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 11-3 First Elections Under This +Charter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-3_First_Elections_Under_This_Charter){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 11-4 Officers And Employees Under The Town +Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-4_Officers_And_Employees_Under_The_Town_Government){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 11-5 Ordinances +Continued](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-5_Ordinances_Continued){.k-link +target="_blank" style="color:#0000EE"}\ +[Section 11-6 Pending Actions And +Proceedings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-6_Pending_Actions_And_Proceedings){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Section 11-1 Wards +(Reserved)](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-1_Wards_(Reserved)){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +\ + +
+ +::: phx-name +[Section 11-2 When Charter Goes Into +Effect](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-2_When_Charter_Goes_Into_Effect){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If a majority of the qualified electors of the town voting on the +question vote to ratify this charter, the provisions of this charter +relating to elections shall go into effect immediately upon approval by +the governor as provided by the state constitution, for the purpose of +electing the first councilmen; and the charter shall go into full effect +at 7:30 o\'clock P.M. on the first Monday in May, 1962. The council +shall hold its first meeting at that time.\ + +
+ +::: phx-name +[Section 11-3 First Elections Under This +Charter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-3_First_Elections_Under_This_Charter){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A primary election shall be held on the third Tuesday in March, 1962, +and a general election shall be held on the first Tuesday in April, +1962, to elect a councilman at large and two councilmen from each of the +three wards of the city. + +In said primary election, every qualified elector of the city shall be +entitled to vote for two candidates for councilman from each ward, and +the instruction \"Vote for two\" shall be placed above the names of the +candidates for councilman from each ward. The four candidates receiving +the greatest number of votes shall be nominated. Provided that, if there +are not more than two candidates for councilman from a ward, they shall +be elected ipso facto, and their names shall not appear on the primary +or general election ballots. Provided further that, if there are not +more than four candidates for councilman from a ward, the two who +receive the greatest number of votes shall be not only nominated, but +also elected ipso facto, and their names shall not appear on the general +election ballot. + +In the general election on the first Tuesday in April, 1962, every +qualified elector of the city shall be entitled to vote for two of the +candidates for councilman from each ward unless the councilmen from a +particular ward have already been elected as provided hereinabove, and +the instruction \"Vote for two\" shall be placed above the names of the +candidates for councilman from each ward.The two candidates receiving +the greatest number of votes shall be elected. + +The councilman from each ward (whether elected at the primary or the +general election) who receives more votes shall serve for a term of two +years, and the other councilman from the ward shall serve for a term of +one year. Provided that, if, because of a tie or for any other reason, +it is not thus determined which of the two shall serve for a term of two +years and which shall serve for a term of one year, then such +determination shall be made fairly by lot by the county election board +in a public meeting. + +The provisions of article VI of this charter shall apply to the said +elections in 1962 insofar as such provisions are applicable and are not +superseded by the provisions of this section. + +
+ +::: phx-name +[Section 11-4 Officers And Employees Under The Town +Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-4_Officers_And_Employees_Under_The_Town_Government){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is hereby declared to be the desire of the people of the city that +all incumbents of administrative offices and positions of employment +under the town government (including the incumbents of the offices of +town clerk and town treasurer) shall be continued in the service of the +city under this charter if they are qualified and if the good of the +service permits; but this general statement of desire shall not limit +the power of appointment and removal. + +The offices of the town trustees shall terminate when this charter goes +into full effect. + +
+ +::: phx-name +[Section 11-5 Ordinances +Continued](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-5_Ordinances_Continued){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[Section 11-6 Pending Actions And +Proceedings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-6_Pending_Actions_And_Proceedings){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: {.phx-name .phx-break} +[PART 1 GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_1_GENERAL_PROVISIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 1-1 DEFINITIONS, INTERPRETATION, APPLICABILITY, +FINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-1_DEFINITIONS,_INTERPRETATION,_APPLICABILITY,_FINES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 1-2 STANDARD RULES; NOTICES, WARRANTS, INSPECTIONS, FEES, +BONDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-2_STANDARD_RULES;_NOTICES,_WARRANTS,_INSPECTIONS,_FEES,_BONDS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 1-3 CORPORATE AND WARD +LIMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-3_CORPORATE_AND_WARD_LIMITS){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[CHAPTER 1-1 DEFINITIONS, INTERPRETATION, APPLICABILITY, +FINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-1_DEFINITIONS,_INTERPRETATION,_APPLICABILITY,_FINES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 1-101 Designation And Citation Of +Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-101_Designation_And_Citation_Of_Code){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-102 Rules Of Code Construction; +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-102_Rules_Of_Code_Construction;_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-103 Authority Of +Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-103_Authority_Of_Code){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-104 Conflicting +Provisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-104_Conflicting_Provisions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-105 References Include Amendments; +Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-105_References_Include_Amendments;_Construction){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-106 Catchlines And Headings; +Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-106_Catchlines_And_Headings;_Construction){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-107 Code Provisions As Continuance Of Existing +Ordinances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-107_Code_Provisions_As_Continuance_Of_Existing_Ordinances){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-108 General And Specific Penalties; Suspension Or Revocation Of +License Or +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-108_General_And_Specific_Penalties;_Suspension_Or_Revocation_Of_License_Or_Permit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-109 Each Day Of Violation Of Code A Separate +Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-109_Each_Day_Of_Violation_Of_Code_A_Separate_Offense){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-110 Prohibited Acts Include Causing, Permitting, +Concealing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-110_Prohibited_Acts_Include_Causing,_Permitting,_Concealing){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-111 Civil Relief From Violations Of Code Of +Ordinances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-111_Civil_Relief_From_Violations_Of_Code_Of_Ordinances){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-112 Territorial +Applicability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-112_Territorial_Applicability){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-113 Ordinances In Effect In Outlying Territory Of +City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-113_Ordinances_In_Effect_In_Outlying_Territory_Of_City){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-114 Official +Seal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-114_Official_Seal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-115 Amendments To +Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-115_Amendments_To_Code){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-116 Code +Severability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-116_Code_Severability){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 1-101 Designation And Citation Of +Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-101_Designation_And_Citation_Of_Code){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The ordinances embraced in this and the following chapters and sections +shall constitute and be designated as the \"City Code of Moore, +Oklahoma,\" and may be so cited. The Code may also be cited as the +\"City Code\" or in the provisions which follow, as the \"Code.\" + +(Prior Code, § 1-1; Code 1999, § 1-101) + +**State Law reference**--- Adoption, revision of codes of ordinances, 11 +O.S. §§ 14-108, 14-109. + +
+ +::: phx-name +[Sec 1-102 Rules Of Code Construction; +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-102_Rules_Of_Code_Construction;_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. In the construction of this Code and all ordinances, the following + rules of construction and definitions shall be observed unless + inconsistent with the manifest intent of the city council or the + context clearly requires otherwise:\ + *\ + Administrative regulations*. The term \"administrative regulations\" + means written orders which are issued by approval of the mayor or + city manager.\ + *\ + Bond*. The term \"bond\" means an obligation in writing, binding the + signatory to pay a sum certain upon the happening or failure of an + event.\ + *\ + Building*. The term \"building\" means any structure intended to + have walls and a roof.\ + *\ + Building official*. The term \"building official\" means the person + appointed by the city manager and designated as the city\'s building + official.\ + *\ + Business*. The term \"business\" means any profession, trade, + occupation and any other commercial enterprise conducted for + monetary reward.\ + *\ + Charter*. The term \"Charter\" means the Charter of the City of + Moore.\ + *\ + City*. The term \"city\" means the City of Moore, in the County of + Cleveland and State of Oklahoma.\ + *\ + City limits*. The term \"city limits\" means within the city and + includes not only the corporate limits of the city but also any + property which it owns or which is under its jurisdiction.\ + *\ + Clerk*. The term \"clerk\" means the city clerk.\ + *\ + Conjunctions*. In a provision involving two or more items, + conditions, provisions or events, which items, conditions, + provisions or events are connected by the conjunction \"and,\" + \"or\" or \"either ... or,\" the conjunction shall be interpreted as + follows, except that the term \"or\" may be read \"and,\" and the + term \"and\" may be read \"or\" if the sense requires it: + 1. \"And\" indicates that all the connected terms, conditions, + provisions or events apply. + 2. \"Or\" indicates that the connected terms, conditions, + provisions or events apply singly or in any combination. + 3. \"Either ... or\" indicates that the connected terms, + conditions, provisions or events apply singly but not in + combination. + + *Council*. The term \"council\" means the governing body of the + city; the city council.\ + *\ + County*. The term \"county\" means Cleveland County, Oklahoma.\ + *\ + Definitions*. Definitions given within a chapter or article apply + only to words or phrases used in such chapter or article unless + otherwise provided.\ + *\ + Designee*. The term \"designee,\" following an official of the city, + means the authorized agent, employee or representative of such + official.\ + *\ + Gender*. Words importing the masculine gender include the feminine + and neuter as well as the masculine.\ + *\ + Health officer*. The term \"health officer\" means the administrator + of the cooperative department of the county and the city.\ + *\ + Keeper*. The term \"keeper\" means one in possession of or who has + the care, custody or superintendence of a thing, place or business, + whether or not the owner or proprietor, and includes any person, + firm, association, corporation, club and copartnership, whether + acting by themselves or by a servant, agent or employee.\ + *\ + Law*. The term \"law\" means applicable federal law and court + decisions, court decisions and provisions of the constitution and + statutes of the state, ordinances and Charter of the city, and, when + appropriate, any and all rules and regulations promulgated + thereunder.\ + *\ + Manager*. The term \"manager\" means the city manager.\ + *\ + May*. The term \"may\" is permissive and discretionary.\ + *\ + Mayor*. The term \"mayor\" means the mayor of the city.\ + *\ + Month*. The term \"month\" means a calendar month.\ + *\ + Number*. Words used in the singular include the plural and the + plural includes the singular.\ + *\ + Oath*. The term \"oath\" means any form of attestation by which a + person signifies that he is bound in conscience to perform an act or + to speak faithfully and truthfully, and includes an affirmation or + declaration in cases where by law an affirmation may be substituted + for an oath.\ + *\ + Occupant*. The term \"occupant\" means the tenant or person in + actual possession.\ + *\ + Operate*. The term \"operate\" means carry on, keep, conduct, + maintain, manage, direct or superintend.\ + *\ + Ordinances*. The term \"ordinances\" means the ordinances of the + city and all amendments and supplements thereto.\ + *\ + O.S.* The abbreviation \"O.S.\" means the latest edition of the + Oklahoma Statutes, as now or hereafter amended.\ + *\ + Owner*. The term \"owner\" means one who has complete dominion over + particular property and who is the one in whom legal or equitable + title rests. When applied to a building or land, the term \"owner\" + means any part owner, joint owner, owner of a community or + partnership interest, life tenant, tenant in common, or joint + tenant, of the whole or part of such building or land.\ + *\ + Person*. The term \"person\" means any individual, natural person, + joint stock company, partnership, voluntary association, club, firm, + company, corporation, business trust, organization, or any other + bodies corporate or politic or group acting as a unit, or the + manager, lessee, agent, servant, partner, member, director, officer + or employee of any of them, including an executor, administrator, + trustee, receiver, or other representative appointed according to + law.\ + *\ + Personal property*. The term \"personal property\" means any money, + goods, movable chattels, things in action, evidence of debt, all + objects and rights which are capable of ownership, and every other + species of property except real property.\ + *\ + Preceding; following*. The terms \"preceding\" and \"following\" + mean next before and next after, respectively.\ + *\ + Proprietor*. The term \"proprietor\" means an owner of the property + or premises, including any person, firm, association, corporation, + club, partnership or other group acting as a unit, whether acting by + themselves or by a servant, agent or employee.\ + *\ + Public place*. The term \"public place\" means and includes any + public street, road or highway, alley, lane, sidewalk, crosswalk, or + other public way, or any public resort, place of amusement, stadium, + athletic field, park, playground, public building or grounds + appurtenant thereto, school building or school grounds, public + parking lot or any vacant lot, the elevator, lobby, halls, corridors + and areas open to the public of any store, office, or apartment + building, or any other place commonly open to the public.\ + *\ + Real property*. The term \"real property\" means land together with + all things attached to the land so as to become a part thereof.\ + *\ + Shall*. The term \"shall\" is mandatory.\ + *\ + Sidewalk*. The term \"sidewalk\" means that portion of a street + between the curbline and the adjacent property along the margin of a + street or other highway, designed, constructed and intended for the + use of pedestrians to the exclusion of vehicles.\ + *\ + Signature; subscription*. The terms \"signature\" and + \"subscription\" mean the name of a person, mark or symbol appended + by him to a writing with intent to authenticate the instrument as + one made or put into effect by him.\ + *\ + State*. The term \"state\" means the State of Oklahoma.\ + *\ + Statutes*. The term \"statutes\" means the Oklahoma Statutes as they + are now or as they may be amended to be.\ + *\ + Street*. The term \"street\" means all streets, highways, avenues, + boulevards, parkways, roads, lanes, viaducts, bridges and the + approaches thereto, docks built on the public street, alleys, + courts, places, squares, curbs, sidewalks, recreation and park lands + used for vehicular traffic, or other public ways or thoroughfares in + the city, over which it has jurisdiction, which have been or may + hereafter be dedicated and open to public use, or such other public + property so designated in any law of the state.\ + *\ + Tenant*. The term \"tenant\" means any person occupying the + premises, building or land of another in subordination to such other + person\'s title and with his express or implied assent, whether he + occupies the whole or a part of those premises, buildings or lands, + whether alone or with others.\ + *\ + Tense*. Words used in the past or present tense include the future, + past and present where applicable unless the context clearly + indicates otherwise.\ + *\ + Time*. The term \"time\" means the hour of the day according to the + official time of the day.\ + *\ + Time of performance*. The term \"time of performance\" means the + time within which an act is to be done as provided in any section or + any order issued pursuant to any section, when expressed in days, + and is computed by excluding the first and including the last day. + If the last day is a Sunday or legal holiday, that day shall not be + counted in the computation. When the time is expressed in hours, the + whole of Sunday or a legal holiday from midnight to midnight is + excluded.\ + *\ + Treasurer*. The term \"treasurer\" means the city treasurer.\ + *\ + Watercourse*. The term \"watercourse\" means any drain, ditch and + stream, flowing in a definite direction or course in a bed with + banks.\ + *\ + Week*. The term \"week\" means seven days.\ + *\ + Writing; written*. The terms \"writing\" and \"written\" mean any + representation of words, letters or figures, whether by printing or + otherwise, capable of comprehension by ordinary visual means.\ + *\ + Year*. The term \"year\" means a calendar year. +2. Words and phrases are construed according to the common and approved + usage of the language, but technical words and phrases and others + that have acquired a peculiar and appropriate meaning in the law are + construed and understood according to such meaning. + +(Prior Code, § 1-4; Code 1999, § 1-102) + +
+ +::: phx-name +[Sec 1-103 Authority Of +Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-103_Authority_Of_Code){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This Code is a revision and codification of the general ordinances of +the city which have been enacted and published in accordance with the +authority granted in 11 O.S. §§ 14-108 and 14-109. + +(Code 1999, § 1-103) + +
+ +::: phx-name +[Sec 1-104 Conflicting +Provisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-104_Conflicting_Provisions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. If the provisions of different parts, chapters, articles, divisions + or sections of this Code conflict with or contravene each other, the + provisions of each part, chapter, article, division or section shall + prevail as to all matters and questions growing out of the subject + matter of that part, chapter, article, division or section. +2. If clearly conflicting provisions are found in different sections of + the same chapter, the provisions of the section last enacted shall + prevail unless the construction is inconsistent with the meaning of + that section. +3. Where any conflict exists between a part, chapter, article, division + or section of this Code and any chapter or section of the Charter, + the latter shall prevail. + +(Code 1999, § 1-104) + +
+ +::: phx-name +[Sec 1-105 References Include Amendments; +Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-105_References_Include_Amendments;_Construction){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any reference in this Code to an ordinance or provision of this Code + means such ordinance or provision as may now exist or is hereafter + amended. +2. Any references in this Code to parts, chapters, articles, divisions + or sections shall be to the parts, chapters, articles, divisions or + sections of this Code unless otherwise specified. + +(Code 1999, § 1-105) + +
+ +::: phx-name +[Sec 1-106 Catchlines And Headings; +Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-106_Catchlines_And_Headings;_Construction){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All designations and headings of parts, chapters, articles, + divisions and sections are intended only for convenience in + arrangement and as mere catchwords to indicate the contents of such + parts, chapters, articles, divisions or sections, whether printed in + capital letters or bold face type. They shall not be deemed or taken + to be any part or title of such parts, chapters, articles, divisions + or sections; nor, unless expressly so provided, shall they be so + deemed upon amendment or reenactment; nor shall they be construed to + govern, limit, modify, alter or in any other manner affect the + scope, meaning or intent of any of the provisions of this Code. +2. The history or source notes appearing in parentheses after sections + in this Code have no legal effect and only indicate legislative + history. Editor\'s notes, cross references and state law references + that appear in this Code after sections or subsections or that + otherwise appear in footnote form are provided for the convenience + of the user of the Code and have no legal effect. + +(Prior Code, § 1-2; Code 1999, § 1-106) + +
+ +::: phx-name +[Sec 1-107 Code Provisions As Continuance Of Existing +Ordinances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-107_Code_Provisions_As_Continuance_Of_Existing_Ordinances){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions appearing in this Code, insofar as they relate to the +same subject matter and are substantially the same as those ordinance +provisions previously adopted by the city and existing at the effective +date of this Code, shall be considered as restatements and continuations +thereof and not as new enactments. + +(Code 1999, § 1-107) + +
+ +::: phx-name +[Sec 1-108 General And Specific Penalties; Suspension Or Revocation Of +License Or +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-108_General_And_Specific_Penalties;_Suspension_Or_Revocation_Of_License_Or_Permit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Whenever in this Code, in any ordinance of the city, or in any rule + or regulation promulgated pursuant to this Code, any act or failure + to do a required act is prohibited or is made or declared to be + unlawful or an offense or a misdemeanor, where no specific penalty + is provided herein or therefor, the violation of any such provision + of this Code or any ordinance or rule shall be punished by a fine + not exceeding \$500.00, unless the penalty is limited by state law, + in which case the violations shall be punishable by not to exceed + the maximum permitted by state law or the amount declared by the + city, whichever is greater. Nothing in this section shall be deemed + to impose a penalty upon city officers or city employees for failure + to perform an official duty unless it is specifically provided that + such failure shall be punished as provided in this section. +2. The following specific offenses, unless provided in this Code, shall + be punished by a fine not exceeding \$500.00, or 30 days + imprisonment, or both such fine and imprisonment:\ + ----------------------------------- ----------------------------------- + Offense\ Code Section\ + + Sales tax\ 7-316 + + Hotel tax\ 7-525 + + Eluding a police officer\ 10-608 + + Battery on an officer\ 10-605 + ----------------------------------- ----------------------------------- +3. The following specific offenses, unless otherwise provided in this + Code, shall be punished by a fine not exceeding \$800.00.\ + The court shall remit \$50.00 of each alcohol fine or deferral fee + to a fund of the city that shall be used to defray costs for + enforcement of laws relating to juvenile access to alcohol, other + laws relating to alcohol and other intoxicating substances, and + traffic-related offenses involving alcohol or other intoxicating + substances. +4. The suspension or revocation of any license, certificate or other + privilege conferred by the city shall not be regarded as a penalty + for the purposes of this Code but shall be in addition thereto. + +(Prior Code, § 1-10; Code 1999, § 1-108; Ord. No. 559(91), 6-17-1991; +Ord. No. 7(91), 12-16-1991; Ord. No. 20(92), 4-6-1992; Ord. No. 62(93), +10-4-1993; Ord. No. 65(93), 11-15-1993; Ord. No. 69(94), 1-3-1994; Ord. +No. 72(94), 1-3-1994; Ord. No. 269(00), 1-18-2000; Ord. No. 482(04), +10-18-2004; Ord. No. 552(06), 9-5-2006) + +**State Law reference**--- Penalty for ordinance violations, 11 O.S. § +14-111 + +::: phx-docs +HISTORY\ +*Amended by Ord. +[896(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346633_Ordinance%20No.%20896%20(18).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/3/2018\ +* +::: + +
+ +::: phx-name +[Sec 1-109 Each Day Of Violation Of Code A Separate +Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-109_Each_Day_Of_Violation_Of_Code_A_Separate_Offense){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Except as otherwise provided: + +1. With respect to violations that are continuous with respect to time, + each day the violation continues is a separate offense. +2. With respect to other violations, each violation constitutes + separate offense. + +(Prior Code, § 1-10, in part; Code 1999, § 1-109) + +
+ +::: phx-name +[Sec 1-110 Prohibited Acts Include Causing, Permitting, +Concealing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-110_Prohibited_Acts_Include_Causing,_Permitting,_Concealing){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whenever in this Code any act or omission is made unlawful or +prohibited, it shall include causing, allowing, permitting, aiding, +abetting or concealing the fact of such act or omission. + +(Code 1999, § 1-110) + +
+ +::: phx-name +[Sec 1-111 Civil Relief From Violations Of Code Of +Ordinances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-111_Civil_Relief_From_Violations_Of_Code_Of_Ordinances){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No penalty imposed by or pursuant to section 1-108 or any other section +of this Code or other ordinance of the city shall interfere with the +right of the city to apply to the proper courts of the state for a writ +of mandamus, an injunction or other appropriate relief in the case of +violations of this Code or other ordinances. + +(Code 1999, § 1-111) + +
+ +::: phx-name +[Sec 1-112 Territorial +Applicability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-112_Territorial_Applicability){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Except as provided otherwise, this Code refers only to the commission or +omission of acts within the territorial limits of the city and to that +territory outside the city over which the city has jurisdiction, +ownership or control by virtue of any constitutional or Charter +provision, or any law. + +(Code 1999, § 1-112) + +
+ +::: phx-name +[Sec 1-113 Ordinances In Effect In Outlying Territory Of +City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-113_Ordinances_In_Effect_In_Outlying_Territory_Of_City){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All ordinances of the city now in effect within the city are hereby +extended to all real property belonging to, or under the control of, the +city outside the corporate limits of the city, and is in full effect +therein, insofar as they are applicable. All ordinances of the city +which shall go into effect in the future shall also apply to, and be in +full effect within, the boundaries of all outlying real property, +insofar as they may be applicable. Any words in any ordinance indicating +that the effect of an ordinance provision is limited to the corporate +limits of the city shall be deemed to mean and include also the outlying +real property belonging to, or under the control of, the city, unless +the context clearly indicates otherwise. + +(Prior Code, § 1-7; Code 1999, § 1-113) + +
+ +::: phx-name +[Sec 1-114 Official +Seal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-114_Official_Seal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The seal of the city shall be of circular form and shall have lettered +in the upper portion of its outer circumference the words \"City of +Moore\" and in the lower portion of its outer circumference the words +\"Moore, Oklahoma.\" The words \"Corporate Seal\" shall be lettered +within the inner circle of the seal. The seal shall be the corporate +seal of the city and shall be used for the authentication of all +documents required by law to be sealed with the seal of the city. + +(Prior Code, § 1-8; Code 1999, § 1-114) + +
+ +::: phx-name +[Sec 1-115 Amendments To +Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-115_Amendments_To_Code){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Amendments to any of the provisions of this Code shall be made by + amending such provisions by specific reference to the section number + of this Code in the following language: \"That section \_\_\_\_\_ of + the Moore City Code is hereby amended to read as follow:....\" The + new provisions shall then be set out in full as desired. +2. In the event a new section not heretofore existing in the Code is to + be added, the following language shall be used: \"That the Moore + City Code is hereby amended by adding a section, to be number + \_\_\_\_\_, which section reads as follows:....\" The new section + shall then be set out in full as desired. + +(Prior Code, § 1-11; Code 1999, § 1-115) + +
+ +::: phx-name +[Sec 1-116 Code +Severability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-116_Code_Severability){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is declared to be the intention of the council that the sections, +subsections, paragraphs, sentences, clauses and words of this Code are +severable. If any section, subsection, paragraph, sentence, clause or +word is declared unconstitutional or otherwise invalid by the judgment +or decree of any court of competent jurisdiction, its +unconstitutionality or invalidity shall not affect the validity of any +of the remaining sections, subsections, paragraphs, sentences, clauses +and words of this Code, since the sections or parts of sections would +have been enacted by the council without and irrespective of any +unconstitutional or otherwise invalid section, subsection, paragraph, +sentence, clause or word being incorporated into this Code. + +(Prior Code, § 1-13; Code 1999, § 1-116) + +
+ +::: phx-name +[CHAPTER 1-2 STANDARD RULES; NOTICES, WARRANTS, INSPECTIONS, FEES, +BONDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-2_STANDARD_RULES;_NOTICES,_WARRANTS,_INSPECTIONS,_FEES,_BONDS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 1-201 Acts By Deputy Or +Designee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-201_Acts_By_Deputy_Or_Designee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-202 Notices; Service And +Proof](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-202_Notices;_Service_And_Proof){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-203 Inspections And Right Of +Entry](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-203_Inspections_And_Right_Of_Entry){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-204 Schedule Of Fees And Charges +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-204_Schedule_Of_Fees_And_Charges_Created){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-205 Bonds, Schedule +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-205_Bonds,_Schedule_Created){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 1-201 Acts By Deputy Or +Designee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-201_Acts_By_Deputy_Or_Designee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whenever a power is granted to or a duty is imposed upon a public +officer or employee, the power may be performed by an authorized deputy +or designee or by any person authorized pursuant to law or ordinances, +unless this Code expressly provides otherwise. + +(Code 1999, § 1-201) + +
+ +::: phx-name +[Sec 1-202 Notices; Service And +Proof](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-202_Notices;_Service_And_Proof){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Unless otherwise specifically provided in this Code or applicable + law, whenever a notice is required to be given pursuant to any + section of this Code, such notice shall be given either by personal + delivery to the person to be notified or by deposit in the United + States mail in a sealed envelope, postage prepaid, addressed to the + person to be notified at his last-known business or residence + address as the same appears in applicable city records or other + records pertaining to the matter for which such notice is served, or + by any other method of delivery approved by law. Service by mail + shall be deemed to have been completed at the time of deposit in the + post office or any United States mailbox. +2. Unless otherwise specifically provided, proof of giving any notice + may be made by the certificate of any officer or employee of the + city or by affidavit of any person over the age of 18 years who + actually accomplished personal service in conformity with this Code + or other provisions of law applicable to the subject matter + concerned, or by a return receipt signed by the recipient notified + by United States mail. + +(Code 1999, § 1-202) + +
+ +::: phx-name +[Sec 1-203 Inspections And Right Of +Entry](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-203_Inspections_And_Right_Of_Entry){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. To enforce the provisions of this Code, the city manager or his + designee or any other person designated by this Code or otherwise + shall have a right of entry on premises for inspection purposes in + the manner and to the extent as may be authorized by applicable law. + This right of entry shall be a condition of any permit, license, + grant or any utility service with or provided by the city. For the + purpose of this section, inspection includes records and papers on + the premises or of the permittee, licensee, grantee or customer + relating to the permit, license, grant or service. +2. Emergency inspections may be authorized if the city manager or his + designated representative has reason to believe that a condition + exists which poses an immediate threat to life, health or safety. + Such procedure shall take place in accordance with applicable law. +3. Where the city manager or other designated representative is + otherwise impeded or prevented by the owner, occupant or operator + from conducting an inspection of the premises, such person shall be + in violation of this section. + +(Code 1999, § 1-203) + +
+ +::: phx-name +[Sec 1-204 Schedule Of Fees And Charges +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-204_Schedule_Of_Fees_And_Charges_Created){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. There is hereby created a schedule of fees and charges, which shall + contain those fees and charges for the various licenses, permits and + other fees and charges as designated by the council. Where a fee or + charge is authorized to be collected by the city in any ordinance, + the amount of the fee or charge shall be set by resolution or motion + and entered into the schedule of fees and charges. The schedule + shall be kept on file in the office of the clerk, to whom all fees + and charges shall be paid unless otherwise provided. A copy may be + obtained upon payment of a fee as set forth in the schedule of fees + and charges. +2. The schedule of fees and charges hereby created shall also be known + and may be cited as the fee schedule. + +(Code 1999, § 1-205) + +
+ +::: phx-name +[Sec 1-205 Bonds, Schedule +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-205_Bonds,_Schedule_Created){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby created a schedule of surety and other bonds required by +this Code which shall contain the amounts of those bonds as designated +by the council by resolution or motion. The schedule shall be kept on +file in the office of the clerk and may be known and cited as the bond +schedule. + +(Code 1999, § 1-206) + +
+ +::: phx-name +[CHAPTER 1-3 CORPORATE AND WARD +LIMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-3_CORPORATE_AND_WARD_LIMITS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 1-301 Map Of The +City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-301_Map_Of_The_City){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 1-302 Ward +Boundaries](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-302_Ward_Boundaries){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 1-301 Map Of The +City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-301_Map_Of_The_City){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The map of the city showing its territorial limits, as maintained in the +office of the city clerk, is hereby designated as the official map of +the city, and the corporate limits as shown thereon, and as amended, are +declared to be the true and correct corporate limits of the city, +including all annexations made to the city through and including the +date of September 30, 1990. + +(Prior Code, § 1-14; Code 1999, § 1-301) + +
+ +::: phx-name +[Sec 1-302 Ward +Boundaries](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-302_Ward_Boundaries){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The three wards of the city shall consist of the following area, as + amended from time to time: + 1. Ward One consists of all that land or area lying within the + limits of the city, and within the following described + boundaries: the southwest quarter of Section 28, the south half + of Section 29, all of Sections 19 and 30, the north half and the + west half of the southeast quarter of Section 31 , the north + half, the southeast quarter, and the southeast quarter of the + southwest quarter of Section 32 , and the northwest quarter of + Section 33, all in Township 10 North, Range 2 West of the Indian + Meridian, Cleveland County, Oklahoma; and all of Section 13, all + of Section 14 lying south of Main Street and East of Broadway + Street, all of Section 23 lying east of Broadway Avenue, all of + Sections 24 and 25, and 36, all in Township 10 North, Range 3 + West of the Indian Meridian, Cleveland County, Oklahoma. + 2. Ward Two consists of all that land or area lying within the + limits of the city, and within the following described + boundaries: the west half of the southeast quarter of Section 7, + the southeast quarter of the southeast quarter of Section 7, and + all of Section 18, all in Township 10 North, Range 2 West of the + Indian Meridian, Cleveland County, Oklahoma; and the south half + of Sections 1, 2 and 3, the southeast quarter of Section 9, all + of Sections 10, 11, and 12, the northeast quarter of Section 16, + that portion of Section 14 lying north of Main Street and east + of Interstate35 Street, all in Township 10 North, Range 3 West + of the Indian Meridian, Cleveland County, Oklahoma. + 3. Ward Three consists of all that land or area lying within the + limits of the city, and within the following described + boundaries: all of Section 14 lying south of Main Street and + west of Broadway Avenue, , all of Sections 15 and 22, all of + Section 23 lying west of Broadway Avenue, all of Sections 26 and + 27, the east half of Section 28, the north half of Section 34, + and all of Section 35 lying west of Interstate 35, all in + Township 10 North, Range 3 West, of the Indian Meridian, + Cleveland County, Oklahoma. +2. References to streets, avenues, highways, roads and rights-of-way in + subsection (A) of this section shall mean the centerlines thereof; + and reference to the boundary of the city limits shall mean the + boundary or limits of the city as it now exists or as it may + hereafter exist. + +(Prior Code, §§ 2-258, 2-259; Code 1999, § 1-302; Ord. No. 13(92), +1-21-1992; Ord. No. 347(02), 1-7-2002; Ord. No. 708(11), 11-21-2011) + +**State Law reference**--- Wards 11 O.S. § 20-101 et seq. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1000.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1000.22.pdf){.k-link +target="_blank" style="color:#0000EE"} on 3/7/2022\ +* +::: + +
+ +::: {.phx-name .phx-break} +[PART 2 ADMINISTRATION AND +GOVERNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_2_ADMINISTRATION_AND_GOVERNMENT){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 2-1 GOVERNMENT +ORGANIZATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-1_GOVERNMENT_ORGANIZATION){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 2-2 RETIREMENT AND +PENSIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-2_RETIREMENT_AND_PENSIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 2-3 CITY RECORDS AND +PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-3_CITY_RECORDS_AND_PROPERTY){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 2-4 CITY BOARDS AND +COMMISSIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-4_CITY_BOARDS_AND_COMMISSIONS){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[CHAPTER 2-1 GOVERNMENT +ORGANIZATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-1_GOVERNMENT_ORGANIZATION){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 2-101 Form Of +Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-101_Form_Of_Government){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-102 Meetings Of The +Council](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-102_Meetings_Of_The_Council){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-103 Citizen Participation In Council And Public Works +Meetings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-103_Citizen_Participation_In_Council_And_Public_Works_Meetings){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-104 Mayor\'s Powers And Duties, +Vice-Mayor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-104_Mayor's_Powers_And_Duties,_Vice-Mayor){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-105 City Manager Appointment By Council; Powers And +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-105_City_Manager_Appointment_By_Council;_Powers_And_Duties){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-106 City Clerk Appointment; +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-106_City_Clerk_Appointment;_Duties){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-107 City Treasurer Appointment; +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-107_City_Treasurer_Appointment;_Duties){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-108 City +Attorney](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-108_City_Attorney){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-109 Administrative Departments, Officers, And +Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-109_Administrative_Departments,_Officers,_And_Agencies){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-110 Bonds For City Officers And +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-110_Bonds_For_City_Officers_And_Employees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-111 Removal Of Officers And +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-111_Removal_Of_Officers_And_Employees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-112 Compensation Of Officers And +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-112_Compensation_Of_Officers_And_Employees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-113 Books Delivered To +Successor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-113_Books_Delivered_To_Successor){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-114 Conduct Of Hearings For City Manager +Termination](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-114_Conduct_Of_Hearings_For_City_Manager_Termination){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-115 Risk Management +Program](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-115_Risk_Management_Program){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-116 Personnel +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-116_Personnel_Regulations){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 2-101 Form Of +Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-101_Form_Of_Government){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city is governed under the council-manager form of government. All +powers of the city shall be exercised in the manner prescribed by the +city Charter, by this Code, by state statute and in such manner +prescribed by ordinances adopted by the city council, only if not in +conflict with the city Charter. + +(Code 1999, § 2-101) + +
+ +::: phx-name +[Sec 2-102 Meetings Of The +Council](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-102_Meetings_Of_The_Council){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Regular meetings of the city council shall be held at 6:30 p.m. on + the first and third Monday of each month unless the Monday is a + holiday or a day formally recognized as a holiday by the city + council. Meetings that fall on a Monday which are a formal holiday + shall be held on the next business day thereafter, at the same times + and specified location. + 1. No regular meeting of the city council shall continue past 10:00 + p.m. unless extended by a majority vote of the city council + pursuant to the guidelines set forth below. Under no + circumstances shall a regular meeting of the city council extend + past 12:00 midnight. + 2. Regular scheduled meetings of the city council may be continued + past 10:00 p.m. by majority vote of the city council under the + following provisions: + 1. To ensure that the city meets its financial obligations + council may extend a meeting to consider items on the + \"claims list\" and consent docket; + 2. A regularly scheduled meeting may be extended past 10:00 + p.m. to allow the city council to consider any agenda item + which is of critical importance to the operation of + municipal government or is an item which significantly + affects the health, safety, and welfare of the community. To + enable the city council to efficiently and properly conclude + its business after 10:00 p.m. the council should consider + only those items which are necessary, or those items + sponsored or requested by private individuals; + 3. Regular meetings of the city council which extend beyond the + 10:00 p.m. curfew may be recessed and reconvened to a date + and time certain. The recessed meeting should be reconvened + within seven days following the suspended meeting. Only + matters appearing on the agenda of the meeting which is + continued may be discussed at the reconvened meeting; + 4. Nothing in this policy shall prevent council from exercising + other aspects of Robert\'s Rules of Order or any council + policies or procedures that may hereinafter be enacted in + conducting its business. (For example, council may vote to + table any number of agenda items to the following regularly + scheduled meeting instead of having to hold a reconvened or + recessed meeting.) +2. The mayor with the assistance of the city manager and city staff + shall, no later than five days prior to each regular council meeting + of the city council, prepare and deliver to each councilmember\'s + home address, an agenda comprised of matters to be presented to, + considered by, discussed or resolved at or acted upon by the council + at its next regular meeting, and shall include thereon all matters + of city business to come before the council. No matter shall be + presented to or discussed at any meeting of the council except + matters so placed on the agenda and matters so necessarily concerned + or directly connected therewith. Provided, an entirely new matter + may be so presented, discussed and acted upon in accordance with the + provisions of the Oklahoma Open Meeting Act (25 O.S. § 301 et seq.). + No claim shall be acted upon or allowed by the council unless it has + been listed within the agenda delivered to the council as prescribed + herein. Payment of emergency claims, not included in the agenda, may + be submitted and paid upon six affirmative votes or a three-quarter + majority of the councilmembers present. +3. The council may meet in executive or closed session as authorized by + the Oklahoma Open Meeting Act (25 O.S. § 301 et seq.). + +(Prior Code, §§ 2-16---2-19; Code 1999, § 2-102; Ord. No. 56(93), +7-6-1993; Ord. No. 94(94), 9-19-1994; Ord. No. 107(94), 12-19-1994; Ord. +No. 126(95), 6-5-1995; Ord. No. 132(95), 10-2-1995) + +
+ +::: phx-name +[Sec 2-103 Citizen Participation In Council And Public Works +Meetings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-103_Citizen_Participation_In_Council_And_Public_Works_Meetings){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is the policy of the city that participation of residents of the + city and other interested persons be encouraged in the meetings of + the city council. The rights of freedom of speech and to petition + the city\'s governing bodies for redress of grievances shall not be + abridged, and no regulation of time, place or manner of such + participation shall be construed to regulate speech on the basis of + content. +2. There shall be no restriction on the rights of residents of the city + to verbally address the city council, nor upon the legal + representatives of such residents, except as follows: + 1. Any resident or legal representative may speak on any agenda + item or upon any proper item of discussion permitted by the + Oklahoma Open Meeting Act for five minutes only. The city + council may call for the pending question with a two-thirds + majority of all members present and voting. The city council may + vote by a simple majority of all members present and voting to + end an item set for discussion only, in the event that the city + council determines that any further discussion would be + cumulative; + 2. Nonresidents of the city and their legal representatives may + speak for five minutes only on any agenda item or upon any + proper item of discussion in which they are directly interested, + or upon which proposed action or discussion they would or may + experience a legally recognized harm, subject to the limitations + on debate/discussion set forth in subsection (B)(1) of this + section; + 3. Time spent by councilmen who verbally respond to resident or + nonresident participants under this section shall not count + against the five-minute time limit; + 4. During new matters, emergency matters and discussion only items, + the five-minute time shall apply regardless of the number of + issues the speaker wishes to address. Speaking time may not be + loaned or shared; + 5. The city council, by a majority vote, may permit additional + discussion by technical experts, consultants and professionals + who are in favor of or opposed to any proposed action by the + city council upon terms that are neutral and which are in + furtherance of open debate; + 6. Those who wish to be heard at city council meetings shall fill + out a \"Request to be Heard\" form for each agenda item to be + discussed or commented upon. The form is to be adopted by order + of the city manager or by resolution, giving name, address and + the agenda item the person wishes to comment on. Completed forms + will be given to the city clerk or the assistant or deputy + thereof, prior to the beginning of each meeting. Blank forms, + sufficient in number, shall be available inside the city council + chambers prior to each meeting; + 7. Any person shall be permitted to submit written materials or + documents to the city council; + 8. This subsection (B) shall not apply to those officers, agents, + servants or employees of the city or the public works authority + who have been requested by the city manager, mayor or city + council to speak on a specific agenda item. +3. No person, whether a city resident, nonresident, a legal + representative or otherwise, may, alone or in concert with others, + willfully disturb, disrupt or interfere with any meeting of the city + council or the public works authority by: + 1. Engaging in violent, tumultuous or threatening behavior; + 2. Using abusive or obscene language or making an obscene gesture; + 3. Failure to yield the floor or podium when the speaker is + requested to do so by the presiding officer of the meeting + pursuant to a lawful order, such as in cases when the speaker\'s + time is expired, or the question successfully called for the + requisite number of councilmen; or + 4. Failure to state, when requested by the presiding officer of the + meeting, the speaker\'s own name and address for the record of + the meeting. +4. A digest stating in laymen\'s terms the requirements for + participation in city council meetings shall be available to the + public prior to each city council meeting. +5. Violation of this section shall be an offense, punishable as + provided in section 1-108. +6. The provisions of this section shall be enforced by the senior city + law enforcement officer present at the meeting, including the public + works authority, with or without the direction of the presiding + officer. + +(Code 1999, § 2-103; Ord. No. 450, 6-20-1988; Ord. No. 55(93), +6-21-1993) + +
+ +::: phx-name +[Sec 2-104 Mayor\'s Powers And Duties, +Vice-Mayor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-104_Mayor's_Powers_And_Duties,_Vice-Mayor){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The mayor and vice-mayor shall have all the powers and duties prescribed +by the Charter, and state law, and as may be prescribed by ordinance +only if not in conflict with the Charter. + +(Prior Code, §§ 2-51, 2-53, in part; Code 1999, § 2-104) + +
+ +::: phx-name +[Sec 2-105 City Manager Appointment By Council; Powers And +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-105_City_Manager_Appointment_By_Council;_Powers_And_Duties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager shall be appointed by the city council and shall be the +administrative officer and head the administrative branch of the city +government and shall exercise the powers and duties granted him by the +city Charter. + +(Code 1999, § 2-105) + +
+ +::: phx-name +[Sec 2-106 City Clerk Appointment; +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-106_City_Clerk_Appointment;_Duties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city clerk shall have the custody of the records, books and + papers of the city and shall perform all other duties pertaining to + the office as required by law. +2. The clerk shall keep and preserve in his office the corporate seal + of the city, all records and public papers and documents of the + city, not belonging to any other officer. He shall perform such + other duties as may be imposed upon him by ordinance or law. +3. The city manager, or the city clerk when empowered by the city + manager, may designate some person as deputy clerk of the city and + shall prescribe the duties of such deputy clerk from time to time. + The deputy clerk shall perform all of the duties of the city clerk + upon the death, disability or resignation or illness of the clerk. + Such deputy clerk shall perform the duties only until the selection + of a successor to the clerk, or until return or recovery of the + clerk. The deputy clerk shall render such aid and assistance and + perform such duties in the conduct of the clerk\'s office as may be + required by the clerk. The deputy clerk shall take and subscribe to + the oath and in all respects qualify for such office in the same + manner as the city clerk. + +(Prior Code, §§ 2-81, 2-82, 2-85; Code 1999, § 2-106) + +
+ +::: phx-name +[Sec 2-107 City Treasurer Appointment; +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-107_City_Treasurer_Appointment;_Duties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city treasurer shall receive all monies due the city from any + and all sources, except as are received by other officers and by + them paid to the city treasurer, and pay out the same on order of + the city council, drawn, signed and attested in accordance with law. +2. The treasurer shall keep his records in accordance with an + accounting system acceptable for governmental accounting and + financial recordkeeping. +3. The treasurer shall deposit daily all funds coming into his hands + for the city in such depositories as the council may designate; and + shall disburse such funds in the manner provided by applicable laws + or ordinances. He shall have such other powers, duties and functions + as may be prescribed by the Charter, by applicable law or by + ordinance. + +(Prior Code, §§ 2-106---2-108, in part; Code 1999, § 2-107) + +
+ +::: phx-name +[Sec 2-108 City +Attorney](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-108_City_Attorney){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The office of city attorney is created. The attorney shall be a + person licensed to practice law in the state, appointed by the city + manager. +2. The city attorney shall advise the council and all city officers in + the performance of their duties. He is authorized to appear, + prosecute and defend all actions where the city is a part. He shall + perform such other professional services as may be required of him + by the city manager or council, for such compensation as shall be + fixed by the city manager. +3. The city attorney shall be entitled to engage in the private + practice of law to the extent that the same does not interfere with + or conflict with his duties as city attorney. The attorney may be + retained on a part-time or consulting basis as the city manager + determines. + +(Prior Code, §§ 2-71---2-73; Code 1999, § 2-108) + +
+ +::: phx-name +[Sec 2-109 Administrative Departments, Officers, And +Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-109_Administrative_Departments,_Officers,_And_Agencies){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There shall be such administrative departments, officers, and agencies +as the council may establish. + +(Code 1999, § 2-109) + +
+ +::: phx-name +[Sec 2-110 Bonds For City Officers And +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-110_Bonds_For_City_Officers_And_Employees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager, the clerk, the treasurer, the alternate treasurer and +such officers and employees as are designated by the city council shall, +before entering upon the discharge of their duties, execute and file +with the city clerk surety bonds issued by a surety company authorized +to operate in the state conditioned upon the faithful performance of +their duties. The city shall pay the premium on such bonds. + +(Prior Code, §§ 2-36, 18-18; Code 1999, § 2-110) + +
+ +::: phx-name +[Sec 2-111 Removal Of Officers And +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-111_Removal_Of_Officers_And_Employees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Except in the case of the municipal judge, the power to lay off, +suspend, demote and remove accompanies the power to appoint or elect. +The city manager, the council or other appointing or electing authority +at any time may lay off, suspend, demote or remove any officer or +employee to whom he, the council or the other appointing or electing +authority respectively may appoint or elect a successor. + +(Prior Code, § 2-37; Code 1999, § 2-111) + +
+ +::: phx-name +[Sec 2-112 Compensation Of Officers And +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-112_Compensation_Of_Officers_And_Employees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Compensation of officers and permanent employees of the city shall be +paid on the basis of annual salaries, on a schedule as specified by the +city council. The compensation of the city manager shall be established +by the city council. + +(Prior Code, § 2-38; Code 1999, § 2-112) + +
+ +::: phx-name +[Sec 2-113 Books Delivered To +Successor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-113_Books_Delivered_To_Successor){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All books, vouchers, monies or other property belonging to the +corporation in charge or possession of any officer of the same shall be +delivered to his successor when qualified. + +(Prior Code, § 2-39; Code 1999, § 2-113) + +
+ +::: phx-name +[Sec 2-114 Conduct Of Hearings For City Manager +Termination](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-114_Conduct_Of_Hearings_For_City_Manager_Termination){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. This section applies to the procedures to be followed at the public + hearing afforded by section 3-1 of the city Charter. +2. The municipal judge shall appear at the public hearing and preside + at the hearing. He shall make all rulings regarding the admission of + evidence and on procedures and other rulings which he may deem + reasonable and necessary to conduct a fair public hearing. He shall + see that the city manager and the city council are afforded + procedural due process and to do all things necessary to conduct the + public hearing in a proper and orderly fashion. +3. The municipal judge is hereby directed to employ an official court + reporter to appear at the public hearing and to administer the oath + to witnesses, take custody of exhibits and to report the entire + public hearing and to do all things necessary to preserve the entire + public hearing record. +4. The city attorney or some other attorney that may be selected by a + majority of the city councilmen shall appear at the public hearing + to present evidence to support the reason as given for the + termination of the city manager at the public hearing. +5. The city clerk shall issue all subpoenas for the compulsory + attendance of witnesses and the production of exhibits required by + the city manager or the attorney selected by the city council to + present evidence of the reasons to terminate the city manager. The + city clerk shall also appear and keep minutes of the public hearing. +6. The chief of police of the city or a police officer of the + department chosen by the city manager or chosen by the attorney for + either side and at least two members of the city council shall, only + after the receipt of a request for a public hearing from the city + manager, investigate any and all matters or information that may be + requested. The requested information must clearly be relevant + evidence and must relate to a reason for termination. Any + information secured during the investigation shall not be released + except at the public hearing, but shall be released only to the + party requesting the investigation. +7. The public hearing shall commence and be held at all times in the + city council chambers of the city or at such other place as may be + determined by the council, but may only be held within the corporate + limits of the city. +8. The evidence to support the reasons to terminate the city manager + shall first be introduced. The city manager may then present his + evidence. Each attorney may cross examine the other witnesses and + both sides shall have the right of rebuttal. Any members of the city + council may examine any offered exhibit or any witness at any time + and may present any relevant evidence that he may have. +9. The city manager shall file his request for a public hearing with + the city clerk and forward a copy thereof, along with the reasons + for termination, to the city attorney and mayor. After receiving the + request for public hearing, the mayor shall cause the public hearing + to commence within 20 days after receipt of the request for public + hearing. The public hearing shall conclude within 30 days after the + date of commencement, unless extended by agreement of the parties. + At the public hearing, the rules of evidence used in administrative + hearings shall be used and adhered to and all procedures shall + afford both the council and the city manager a fair hearing and + proper procedural due process. +10. City employees shall receive additional compensation for any + overtime or for extra duties not regularly performed as may be + required at or in preparation of the public hearing herein. +11. At the conclusion of the public hearing, the council shall decide + and determine if the city manager shall be retained, terminated or + suspended. No finding of facts, conclusions of law or any written + reports, orders or decision shall be filed. + +(Code 1999, § 2-114; Ord. No. 409, 7-21-1986) + +
+ +::: phx-name +[Sec 2-115 Risk Management +Program](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-115_Risk_Management_Program){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. There is hereby established a risk management and risk reduction + program to be implemented by the city risk management board + (\"board\"), which board is established for this purpose by the + public works authority. It is the policy of the city to provide for + comprehensive risk management and risk reduction through a + self-insurance plan administered by the board on behalf of the + public works authority. The city council explicitly delegates to the + board the obligation to defend city employees pursuant to the + Governmental Tort Claims Act (51 O.S. § 151 et seq.). +2. All officers and employees of the city are hereby authorized to + accept appointments to, and to cooperate with, the board. Such + participation or cooperation shall be as provided for in the rules, + regulations or bylaws pertaining to the board insofar as such + participation or cooperation is not inconsistent with obligations + arising under this Code or city Charter. +3. In addition to the delegation of certain duties of the city arising + under the Governmental Tort Claims Act (51 O.S. § 151 et seq.), the + officers and employees of the city may be provided, and may + participate in, such other self-insurance programs which may be + established form time to time by the board, including, but not + limited to, medical, dental, vision, property, workers\' + compensation, retirement, or disability coverages. The city and the + board may pay all or a portion of the costs for the risk management + and risk reduction program in accordance with the applicable + provisions of this Code as well as state and federal law. In + accordance with the requirements of the risk management and risk + reduction program the city, the public works authority or the board + may pay a portion or all of the costs of the risk management and + risk reduction program from any fund, and may deduct from the wages + or salary of any such officer or employee upon written authority + signed by such officer or employee for the payment of costs required + under the program. +4. To the extent that the board enacts and implements programs, rules, + regulations or bylaws which are inconsistent with the personnel + rules of the city with respect to workers\' compensation, safety + administration or accident review, such duties and responsibilities + shall be deemed to be delegated to the board directly in connection + with the board\'s responsibility for the administration of such + coverages and risk management concerns. Any personnel rule + inconsistent with a rule, regulation or bylaw of the board shall be + deemed to be amended to delete inconsistent provisions as of the + effective date of the action of the board. + +(Code 1999, § 2-115; Ord. No. 466, 10-3-1988) + +
+ +::: phx-name +[Sec 2-116 Personnel +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-116_Personnel_Regulations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city council may adopt personnel rules and regulations and position +classification and pay plan and amend them from time to time. A copy of +the current city personnel rules and regulations and classification and +pay plan are on file in the office of the city clerk. + +(Code 1999, § 2-116) + +
+ +::: phx-name +[CHAPTER 2-2 RETIREMENT AND +PENSIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-2_RETIREMENT_AND_PENSIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 2-2A SOCIAL +SECURITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2A_SOCIAL_SECURITY){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 2-2B FIREFIGHTERS PENSION AND RETIREMENT +SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2B_FIREFIGHTERS_PENSION_AND_RETIREMENT_SYSTEM){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 2-2C POLICE PENSION AND RETIREMENT +SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2C_POLICE_PENSION_AND_RETIREMENT_SYSTEM){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 2-2D EMPLOYEES RETIREMENT +SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2D_EMPLOYEES_RETIREMENT_SYSTEM){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 2-2A SOCIAL +SECURITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2A_SOCIAL_SECURITY){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 2-201 City Officers And Employees Under Federal Social +Security](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-201_City_Officers_And_Employees_Under_Federal_Social_Security){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 2-201 City Officers And Employees Under Federal Social +Security](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-201_City_Officers_And_Employees_Under_Federal_Social_Security){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is hereby declared to be the policy of the city to extend, at the + earliest date, to the employees and officials thereof, not excluded + by law or this section, and whether employed in connection with a + governmental or proprietary function, the benefits of the system of + federal old-age and survivors insurance as authorized by the federal + Social Security Act, and amendments thereto. In pursuance of this + policy, the city shall take such action as may be required by + applicable state or federal laws or regulations. +2. The mayor is hereby authorized and directed to execute all necessary + agreements and amendments thereto with the state department of human + services as agent or agency, to secure coverage of employees and + officials as provided in subsection (A) of this section. +3. Withholdings from salaries or wages of employees and officials for + the purpose provided in subsection (A) of this section are hereby + authorized to be made in the amounts and at such times as may be + required by applicable state or federal laws or regulations, and + shall be paid over to the state or federal agency designated by the + laws or regulations. +4. There shall be appropriated from available funds such amounts at + such times as may be required by applicable state or federal laws or + regulations for employer\'s contributions, which shall be paid over + to the state or federal agency designated by said laws or + regulations. +5. The city shall keep such records and make such reports as may be + required by applicable state or federal laws or regulations. +6. There is hereby excluded from this section any authority to make any + agreement with respect to any position or any employee or official + now covered or authorized to be covered by any other ordinance + creating any retirement system for any employee or official of the + city. +7. There is hereby excluded from this section any authority to make an + agreement with respect to any position or any employee or official, + compensation for which is on a fee basis, or any position or any + employee or official not authorized to be covered by applicable + state or federal laws or regulations. + +(Prior Code, §§ 2-176---2-181; Code 1999, § 2-201) + +**State Law reference**--- Social security for public officers and +employees, 51 O.S. § 121 et seq. + +
+ +::: phx-name +[ARTICLE 2-2B FIREFIGHTERS PENSION AND RETIREMENT +SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2B_FIREFIGHTERS_PENSION_AND_RETIREMENT_SYSTEM){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 2-211 System +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-211_System_Created){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-212 System To Be Operated In Accordance With +Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-212_System_To_Be_Operated_In_Accordance_With_Law){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 2-211 System +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-211_System_Created){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby created, for the purpose of providing pension retirement +allowance and other benefits for firefighters of the city, a +firefighters pension and retirement system. It is declared to be the +official policy of the city to participate in the pension system as +provided by state law. + +(Prior Code, § 9-36; Code 1999, § 2-211) + +**State Law reference**--- Firefighter\'s pension system, 11 O.S. § +49-101 et seq. + +
+ +::: phx-name +[Sec 2-212 System To Be Operated In Accordance With +Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-212_System_To_Be_Operated_In_Accordance_With_Law){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The firefighters pension and retirement system as established by 11 + O.S. § 49-100.1 et seq., is hereby adopted by reference. +2. The local board of trustees of the firefighters pension and + retirement system, servicing the firefighters of the city, shall be + constituted as provided by state law and shall have the powers and + duties prescribed thereby. + +(Prior Code, § 9-36, in part; Code 1999, § 2-212) + +
+ +::: phx-name +[ARTICLE 2-2C POLICE PENSION AND RETIREMENT +SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2C_POLICE_PENSION_AND_RETIREMENT_SYSTEM){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 2-221 System +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-221_System_Created){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-222 System To Be Operated In Accordance With +Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-222_System_To_Be_Operated_In_Accordance_With_Law){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 2-221 System +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-221_System_Created){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby created, for the purpose of providing pension retirement +allowance and other benefits for police officers of the city, a police +pension and retirement system. It is declared to be the official policy +of the city to participate in the pension system as provided by state +law. + +(Prior Code, §§ 18-26---18-33, in part; Code 1999, § 2-221) + +**State Law reference**--- Police pension system, 11 O.S. § 50-100.1 et +seq. + +
+ +::: phx-name +[Sec 2-222 System To Be Operated In Accordance With +Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-222_System_To_Be_Operated_In_Accordance_With_Law){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The police pension and retirement system as established by 11 O.S. § + 50-100.1 et seq., is hereby adopted by reference. +2. The local board of trustees of the police pension and retirement + system, servicing the police officers of the city, shall be + constituted as provided by state law and shall have the powers and + duties prescribed thereby. + +(Prior Code, §§ 18-26---18-37; Code 1999, § 2-222) + +
+ +::: phx-name +[ARTICLE 2-2D EMPLOYEES RETIREMENT +SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2D_EMPLOYEES_RETIREMENT_SYSTEM){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 2-231 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-231_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-232 Established; Effective +Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-232_Established;_Effective_Date){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-233 Execution And Ratification Of System +Instrument](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-233_Execution_And_Ratification_Of_System_Instrument){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-234 Board Of +Trustees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-234_Board_Of_Trustees){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 2-231 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-231_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*System* means the employees retirement system established by this +article. + +*System instrument* means Exhibit A, as attached to the ordinances +adopting and amending and referred to in this article. + +(Code 1999, § 2-231) + +
+ +::: phx-name +[Sec 2-232 Established; Effective +Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-232_Established;_Effective_Date){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +For the purpose of encouraging continuity and meritorious service on the +part of city employees and thereby promoting public efficiency, there is +hereby authorized, created, established, approved and adopted, effective +upon the date established by the city council, the funded pension plan +designated \"Municipal Employees Retirement System of the City of Moore, +Oklahoma,\" and all amendments thereto, an executed counterpart of which +is marked \"Exhibit A\" and attached to and made a part of the +ordinances adopting the system, and all amendatory ordinances, on file +in the office of the city clerk. + +(Code 1999, § 2-232) + +
+ +::: phx-name +[Sec 2-233 Execution And Ratification Of System +Instrument](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-233_Execution_And_Ratification_Of_System_Instrument){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The mayor and city clerk are hereby authorized and directed to execute +(in counterparts, each of which shall constitute an original) the system +instrument, and to do all other acts and things necessary, advisable and +proper to put the system and related trust into full force and effect, +and to make such changes therein as may be necessary to qualify the same +under sections 401(a) and 501(a) of the Internal Revenue Code of the +United States. The counterpart attached to the ordinances adopting the +system as Exhibit A, and duly executed as aforesaid simultaneously with +the passage of the ordinances, is hereby ratified and confirmed in all +respects. + +(Code 1999, § 2-233) + +**State Law reference**--- Municipal employee retirement system, 11 O.S. +§ 48-101 et seq. + +
+ +::: phx-name +[Sec 2-234 Board Of +Trustees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-234_Board_Of_Trustees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +For the purpose of administration of the system there is hereby +established a board of trustees, which shall be the members of the city +council as now existing or as from time to time duly elected or +appointed and constituted. The powers and duties of the board of +trustees shall be as set forth in the system instrument. + +(Code 1999, § 2-234) + +
+ +::: phx-name +[CHAPTER 2-3 CITY RECORDS AND +PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-3_CITY_RECORDS_AND_PROPERTY){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 2-3A ACCESS TO CITY +RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3A_ACCESS_TO_CITY_RECORDS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 2-3B USE OF CITY +PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3B_USE_OF_CITY_PROPERTY){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 2-3A ACCESS TO CITY +RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3A_ACCESS_TO_CITY_RECORDS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 2-301 Appointment Of Official +Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-301_Appointment_Of_Official_Custodians){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-302 Designation Of Additional Record +Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-302_Designation_Of_Additional_Record_Custodians){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-303 Duties Of +Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-303_Duties_Of_Custodians){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-304 Requests To Be Directed To +Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-304_Requests_To_Be_Directed_To_Custodians){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-305 Procedures Regarding Both Inspection And Copying Of Open +Public +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-305_Procedures_Regarding_Both_Inspection_And_Copying_Of_Open_Public_Records){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-306 Procedures Regarding Inspection Of Open Public +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-306_Procedures_Regarding_Inspection_Of_Open_Public_Records){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-307 Procedures Regarding Copies Of Open Public +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-307_Procedures_Regarding_Copies_Of_Open_Public_Records){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-308 No Fee For +Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-308_No_Fee_For_Inspection){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-309 Copying +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-309_Copying_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-310 Fee For Mechanical +Reproduction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-310_Fee_For_Mechanical_Reproduction){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-311 Search +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-311_Search_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-312 Prepayment Of +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-312_Prepayment_Of_Fees){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 2-301 Appointment Of Official +Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-301_Appointment_Of_Official_Custodians){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following city official is hereby appointed as official custodian +for purposes of the Oklahoma Open Records Act and is charged with +responsibility for compliance with that Act with respect to the +following listed public records: + +City clerk: All public records kept and maintained in the city clerk\'s +office and all other public records not provided for elsewhere in this +chapter. + +(Code 1999, § 2-301) + +**State Law reference**--- Open Records Act, 51 O.S. § 24A.1 et seq. + +
+ +::: phx-name +[Sec 2-302 Designation Of Additional Record +Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-302_Designation_Of_Additional_Record_Custodians){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Each of the official custodians appointed in section 2-301 is hereby + authorized to designate any subordinate officers or employees to + serve as record custodian. The record custodians shall have such + duties and powers as are set out in the Oklahoma Open Records Act + (51 O.S. § 24A.1 et seq.). +2. Whenever an official custodian shall appoint another person as a + record custodian, he shall notify the city clerk of such designation + and the city clerk shall maintain a register of all such + designations. + +(Code 1999, § 2-302) + +
+ +::: phx-name +[Sec 2-303 Duties Of +Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-303_Duties_Of_Custodians){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All city officials and employees appointed or designated under this +article shall protect public records from damage and disorganization; +prevent excessive disruption of the essential functions of the city; +provide assistance and information upon request; ensure efficient and +timely action and response to all applications for inspection of public +records; and carry out the procedures adopted by the city for inspecting +and copying open public records. + +(Code 1999, § 2-303) + +
+ +::: phx-name +[Sec 2-304 Requests To Be Directed To +Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-304_Requests_To_Be_Directed_To_Custodians){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All members of the public, in seeking access to, or copies of, a + public record in accordance with the provisions of the Oklahoma Open + Records Act, shall address their requests to the custodian charged + with responsibility for the maintenance of the record sought to be + inspected or copied. +2. Whenever any city official or employee appointed or designated as a + custodian under this article is presented with a request for access + to, or copy of, a public record which record the custodian does not + have in his possession and which he has not been given + responsibility to keep and maintain, the custodian shall so advise + the person requesting the record. The person making the request + shall be informed as to which custodian the request should be + addressed to, if such is known by the custodian receiving the + request. + +(Code 1999, § 2-304) + +
+ +::: phx-name +[Sec 2-305 Procedures Regarding Both Inspection And Copying Of Open +Public +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-305_Procedures_Regarding_Both_Inspection_And_Copying_Of_Open_Public_Records){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following procedures are hereby adopted and shall be applied by each +official custodian and record custodian: + +1. Consistent with the policy, duties and procedures established by the + Oklahoma Open Records Act, record custodians shall provide full + access and assistance in a timely and efficient manner to persons + who request access to open public records; +2. Record custodians shall protect the integrity and organization of + public records with respect to the manner in which such records are + inspected and copied; +3. Record custodians may prevent excessive disruptions of essential + functions and provide the record at the earliest possible time; +4. All inspections and copying of open public records shall be + performed by, or under the supervision of, the record custodian + responsible for such records; +5. All persons requesting the inspection of or a copy of open public + records shall make such request in writing prior to the request + being honored, except that no form shall be required for requests + made for records which have been reproduced for free public + distribution; +6. All record inspection and copying forms are to be completed by the + person requesting the record. The record custodian may demand + reasonable identification of any person requesting a record; +7. Any fees for record inspection or for copies are due at the time the + records, or copies thereof, are provided to the requester, unless + the record custodian has demanded that prepayment of all or part of + such fees be made. Fees are to be paid to the record custodian or + city clerk; +8. The record custodian or city clerk shall demand full or partial + prepayment of fees whenever the estimate for such fees exceeds the + amount set out in section 2-312; +9. No record search or copying fee shall be assessed against officers + or employees of the city who make requests which are reasonably + necessary to the performance of their official duties; +10. Hours for making requests for inspection or copying shall be all + regular working hours for each day the office maintains regular + office hours; +11. Removal of open public records from the office where kept and + maintained, for purposes of inspection or the making of copies, + shall not be permitted; and +12. The above procedures, as well as any other inspection and copying + procedures, shall be posted in a conspicuous place in the office of + the record custodian. + +(Code 1999, § 2-305) + +
+ +::: phx-name +[Sec 2-306 Procedures Regarding Inspection Of Open Public +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-306_Procedures_Regarding_Inspection_Of_Open_Public_Records){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following procedures are hereby adopted and shall be applied by +every official custodian and record custodian: + +1. Record custodians shall handle all inspection requests in accordance + with their duties to protect and preserve public records and to + assist persons requesting inspection of open public records; +2. All request forms must be completed by the party requesting the + record. In all cases, the party so requesting must sign his + individual name to the form. Written requests shall be made on the + form provided by the record custodian and presented to the record + custodian; +3. A written request is sufficient if it reasonably describes the + record sought. In instances where the requester cannot provide + sufficient information to identify a record, the custodian shall + assist in making such identification; and +4. The record custodian shall, upon making a denial of an inspection + request, forward a copy of the denial to the city manager. + +(Code 1999, § 2-306) + +
+ +::: phx-name +[Sec 2-307 Procedures Regarding Copies Of Open Public +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-307_Procedures_Regarding_Copies_Of_Open_Public_Records){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following procedures apply regarding copies of records: + +1. Record custodians shall handle all copy requests in accordance with + their duties to protect and preserve public records and to assist + persons requesting copies of open public records; +2. All request forms must be completed by the party requesting the + copies. In all cases, the party so requesting must sign his + individual name to the form. Written requests shall be made on the + form provided by the record custodian; +3. Mechanical reproduction of a record shall not be undertaken when it + is the judgment of the record custodian that any available means of + mechanically reproducing the subject record is likely to cause + damage to such records; and +4. No copy fee shall be assessed when multiple copies of the record + requested have been prepared for free public distribution, or when + the record custodian determines that the cost of charging and + handling the fee exceeds the cost of providing a copy without + charge. + +(Code 1999, § 2-307) + +
+ +::: phx-name +[Sec 2-308 No Fee For +Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-308_No_Fee_For_Inspection){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Where a request has been made for the inspection of an open public +record, no fee shall be charged. + +(Code 1999, § 2-308) + +
+ +::: phx-name +[Sec 2-309 Copying +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-309_Copying_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A fee per page as set by the council by motion or resolution shall be +charged for photocopying an open public record, such fee to cover the +cost of labor, materials and equipment. + +(Code 1999, § 2-309) + +
+ +::: phx-name +[Sec 2-310 Fee For Mechanical +Reproduction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-310_Fee_For_Mechanical_Reproduction){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +For copying any open public record which cannot be reproduced by +photocopying, such as a computer printout or a blueprint, the requester +shall be charged the actual cost to the city, including the cost of +labor, materials and equipment. + +(Code 1999, § 2-310) + +
+ +::: phx-name +[Sec 2-311 Search +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-311_Search_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A search fee shall be charged a requester who is using the record solely +for a commercial purpose. Such fee shall be the actual cost to the city +of producing the record, including the cost of labor, materials and +equipment. + +(Code 1999, § 2-311) + +
+ +::: phx-name +[Sec 2-312 Prepayment Of +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-312_Prepayment_Of_Fees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A record custodian may demand prepayment of a fee whenever the estimated +amount exceeds \$20.00. The prepayment amount shall be an estimate of +the cost of copying, mechanical reproduction or searching for the +record. Any overage or underage in the prepayment amount shall be +settled prior to producing the requested record or delivering the copy +or mechanical reproduction of the record. + +(Code 1999, § 2-312) + +
+ +::: phx-name +[ARTICLE 2-3B USE OF CITY +PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3B_USE_OF_CITY_PROPERTY){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 2-321 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-321_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-322 Unauthorized Use Of City Or Department +Stationery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-322_Unauthorized_Use_Of_City_Or_Department_Stationery){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-323 Unauthorized Use Of City +Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-323_Unauthorized_Use_Of_City_Equipment){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-324 Theft From City By Altering Computer +Data](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-324_Theft_From_City_By_Altering_Computer_Data){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-325 Unauthorized Entry Into City\'s +Computer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-325_Unauthorized_Entry_Into_City's_Computer){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-326 Unauthorized Use Of Postage +Meters](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-326_Unauthorized_Use_Of_Postage_Meters){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-327 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-327_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 2-321 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-321_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Computer* means any electronic device used for storing information and +supplying information. Unless the context indicates a limited meaning is +intended, the term \"computer\" shall include not only the device +enclosed in a casing but also all cards, tapes, disks and other devices +used to store or retrieve information, and all hardware and software. +The term \"computer\" shall also include a computer system. + +*Computer program* means any set of instructions intended to cause a +computer to perform a particular operation or service of operations. A +computer program may be in written form or electronic form. + +*Employee* means an employee of the city or an employee of any public +trust of which the city is a beneficiary. + +*Official* means any person elected to serve on the city council, or any +person appointed to serve on a board, commission or public trust wherein +the city is a beneficiary. + +*Person* means any person, firm or corporation, except that provisions +of imprisonment for punishment for violation of this article shall apply +to natural persons only. + +*Stationery* means any paper, letter, form or envelope bearing writing, +markings, or symbols identifying the city, the city public works +authority or any department thereof as the originator. + +*Trust* means the city public works authority or any other public trust +of which the city is a beneficiary. + +(Code 1999, § 2-321; Ord. No. 49(93), 2-16-1993) + +
+ +::: phx-name +[Sec 2-322 Unauthorized Use Of City Or Department +Stationery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-322_Unauthorized_Use_Of_City_Or_Department_Stationery){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No elected official, city employee, private citizen, corporation, +employee or official of a public trust of which the city is a +beneficiary shall use city, trust or department stationery for personal +correspondence or private use, nor shall such stationery be used to +promote any private or public purpose without the authority of the city +council, public trust, or city manager acting within their official +duties. + +(Code 1999, § 2-322; Ord. No. 49(93), 2-16-1993) + +
+ +::: phx-name +[Sec 2-323 Unauthorized Use Of City +Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-323_Unauthorized_Use_Of_City_Equipment){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No official or employee shall request, use or permit the use of any +publicly owned or publicly supported property, vehicle, equipment, labor +or service for the personal convenience or the private advantage of +himself or any other person. This provision shall not be deemed to +prohibit an official or employee from requesting, using or permitting +the use of such publicly owned or publicly supported property, vehicle, +equipment, material, labor or service which is the general practice to +make available to the public at large or which is provided as a matter +of stated public policy for the use of officials and employees in the +conduct of official business. + +(Code 1999, § 2-323; Ord. No. 49(93), 2-16-1993) + +
+ +::: phx-name +[Sec 2-324 Theft From City By Altering Computer +Data](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-324_Theft_From_City_By_Altering_Computer_Data){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person, official or employee shall knowingly alter any data stored or +intended to be stored on any computer or stored on any card, tape, disk, +or other item used with a computer, where such alteration results in any +person or account receiving a credit to which the person or account is +not entitled. No person, official or employee shall knowingly alter any +data stored or intended to be stored on any computer or stored on any +card, tape, disk or other item used with a computer, where such +alteration results in a falsified reduction or increase in a debt owed +by any person, firm or corporation. + +(Code 1999, § 2-324; Ord. No. 49(93), 2-16-1993) + +
+ +::: phx-name +[Sec 2-325 Unauthorized Entry Into City\'s +Computer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-325_Unauthorized_Entry_Into_City's_Computer){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No unauthorized person shall obtain access by direct access, telephone +connection, or other electronic means to any computer operated by the +city or public trust of which the city is a beneficiary, or on behalf of +the city, or to any computer software or computer equipment operated by +the city or trust or on behalf of the city. As used in this section, the +term \"unauthorized person\" shall mean any person, whether a city or +trust officer or employee or a member of the public, not assigned to do +work involving such access to the computer. Any other person entitled to +information that is stored in a computer may obtain such information by +requesting the same, whereupon a person authorized by the city to have +access to the computer shall obtain the information, and deliver the +same orally or by exhibiting a visual display. Any such information +shall be delivered in writing at the request of the person entitled +thereto. + +(Code 1999, § 2-325; Ord. No. 49(93), 2-16-1993) + +
+ +::: phx-name +[Sec 2-326 Unauthorized Use Of Postage +Meters](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-326_Unauthorized_Use_Of_Postage_Meters){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is prohibited and declared to be a punishable offense for any person, +without lawful authority, to use a postage meter that is owned, +operated, or has been installed by the city or any public trust of which +the city is a beneficiary, for his own personal use or the use of any +person not entitled thereto. Each city department or trust entity which +has installed a postage meter machine shall place notice in the location +where the machine is located that: + +1. The mail carried by such postage is the official city mail; and +2. There is a penalty of the unlawful use of such postage meter for + private purposes. + +(Code 1999, § 2-326; Ord. No. 49(93), 2-16-1993) + +
+ +::: phx-name +[Sec 2-327 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-327_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person, official, employee, firm or corporation violating any +provision in this article shall, upon conviction, be punished as +provided in section 1-108. In addition to any criminal penalty imposed, +any employee of the city or trust shall, upon conviction, forfeit their +office or position. + +(Code 1999, § 2-327; Ord. No. 49(93), 2-16-1993) + +
+ +::: phx-name +[CHAPTER 2-4 CITY BOARDS AND +COMMISSIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-4_CITY_BOARDS_AND_COMMISSIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 2-411 Personnel Board, Membership, Temporary +Replacement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-411_Personnel_Board,_Membership,_Temporary_Replacement){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 2-412 Procedure For Filling A Temporary +Position](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-412_Procedure_For_Filling_A_Temporary_Position){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 2-411 Personnel Board, Membership, Temporary +Replacement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-411_Personnel_Board,_Membership,_Temporary_Replacement){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city Charter establishes the personnel board and requires three +members appointed by the council for overlapping six-year terms. It is +anticipated that, on occasion, an appointed member of the personnel +board may need to recuse or remove himself from a particular hearing +because of a conflict of interest. When such occasion arises, the +council may appoint a temporary replacement to ensure that there are +three non-biased members to hear all cases. The temporary replacement +shall be only for a particular case and should be a person who +demonstrates the requisite impartiality toward the issue to be decided. +Council may consider selecting and employing a person from a public or +private agency which offers such services. + +(Code 1999, § 2-411; Ord. No. 15(92), 3-2-1992) + +
+ +::: phx-name +[Sec 2-412 Procedure For Filling A Temporary +Position](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-412_Procedure_For_Filling_A_Temporary_Position){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Upon receipt of notice from a member of the personnel board that a +conflict may exist in any pending personnel board matter, the city clerk +shall promptly notify the mayor and city manager who shall, at the next +immediate council meeting or at a special council meeting called for +such purpose, cause an item to be placed on the meeting agenda +requesting that council appoint a temporary replacement to the personnel +board. + +(Code 1999, § 2-412; Ord. No. 15(92), 3-2-1992) + +
+ +::: {.phx-name .phx-break} +[PART 3 ALCOHOLIC +BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_3_ALCOHOLIC_BEVERAGES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 3-1 ALCOHOLIC +BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-1_ALCOHOLIC_BEVERAGES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 3-2 LOW-POINT +BEER](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-2_LOW-POINT_BEER){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 3-3 PROHIBITING GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC +BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-3_PROHIBITING_GATHERINGS_WHERE_MINORS_ARE_CONSUMING_ALCOHOLIC_BEVERAGES){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Alcoholic beverages and low-point beer, 37 +O.S.\ + +
+ +::: phx-name +[CHAPTER 3-1 ALCOHOLIC +BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-1_ALCOHOLIC_BEVERAGES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 3-101 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-101_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-102 Amount Of +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-102_Amount_Of_Tax){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-103 Application For Certificate Of Zoning And Code +Compliance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-103_Application_For_Certificate_Of_Zoning_And_Code_Compliance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-104 Manufacture And Sale; State License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-104_Manufacture_And_Sale;_State_License_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-105 Keeping Or Maintaining Place In Violation Of Law +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-105_Keeping_Or_Maintaining_Place_In_Violation_Of_Law_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-106 Transportation Of Intoxicating Beverages In Vehicles; +Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-106_Transportation_Of_Intoxicating_Beverages_In_Vehicles;_Exception){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-107 Sale To Minors, Incompetent Or Intoxicated Persons +Prohibited; Minors On +Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-107_Sale_To_Minors,_Incompetent_Or_Intoxicated_Persons_Prohibited;_Minors_On_Premises){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-108 Employment Of Minors +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-108_Employment_Of_Minors_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-109 Minors In Possession Of Intoxicating Beverages In Public +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-109_Minors_In_Possession_Of_Intoxicating_Beverages_In_Public_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-110 Misrepresentation Of +Age](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-110_Misrepresentation_Of_Age){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-111 Sale In Containers, From Licensed +Establishments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-111_Sale_In_Containers,_From_Licensed_Establishments){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-112 Sales On +Credit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-112_Sales_On_Credit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-113 Other Prohibitions; Prizes, Happy Hours, Solicitation, +Nudity](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-113_Other_Prohibitions;_Prizes,_Happy_Hours,_Solicitation,_Nudity){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-114 Consumption Of Intoxicating Alcoholic Beverage In Public +Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-114_Consumption_Of_Intoxicating_Alcoholic_Beverage_In_Public_Places){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-115 Location Of Retail Package Store And Mixed Beverage +Establishments; +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-115_Location_Of_Retail_Package_Store_And_Mixed_Beverage_Establishments;_Exceptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-116 Hours Of +Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-116_Hours_Of_Operation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-117 Sale Or Delivery Prohibited On Certain +Days](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-117_Sale_Or_Delivery_Prohibited_On_Certain_Days){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Oklahoma Alcoholic Beverage Control Act, 37 +O.S. § 501 et seq.; city powers generally as to alcoholic beverages, 37 +O.S. § 503.\ + +
+ +::: phx-name +[Sec 3-101 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-101_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Definition of terms used in this chapter shall be in conformity with + those provided in 37A O.S. § 1-103. +2. The following words, terms and phrases, when used in this chapter, + shall have the meanings ascribed to them in this section, except + where the context clearly indicates a different meaning:\ + \ + *Beer and wine license* means a license for the retail sale of beer + containing more than 3.2 percent of alcohol by weight and wine which + means and includes any beverage containing more than one-half of one + percent of alcohol by volume and not more than 24 percent alcohol by + volume.\ + \ + *Caterer license* authorizes the licensee, whose business is to + provide food, supplies, and services at a social gathering, to sell + mixed beverages for on-premises consumption incidental to the sale + or distribution of food.\ + \ + *Complimentary beverage license* authorizes the licensee to provide, + free of charge for on premises consumption only, no more than two + alcoholic beverages containing spirits, 12 ounces of wine, or 24 + ounces of beer per day to a guest or client who is 21 years of age + or older. This license shall only be issued to businesses which + involve retail sales or provide services to its clients including, + but not limited to, furniture stores, art studios, nail salons, hair + salons, cigar stores, clothing stores, bridal shops or business + support services.\ + \ + *Mixed beverage club* means any establishment in a county which has + authorized the retail sale of alcoholic beverages by the individual + drink to be one or more servings of a beverage composed in whole or + part of an alcoholic beverage in a sealed or unsealed container of + any legal size for consumption on the premises where served or sold + by the holder of a mixed beverage caterer or special event license; + it includes any association, person, firm or corporation key club, + bottle club, locker club, excluding the general public from its + premises or place of meeting or congregating or operating or + exercising control over any other place where persons are permitted + to drink alcoholic beverages other than in a private home.\ + \ + *Mixed beverage license* authorizes the licensee to purchase + alcoholic beverages in retail containers from the holder of a + wholesaler or Class B wholesaler licensee and to sell, offer for + sale and possess mixed beverages as well as beer and/or wine for + on-premises consumption only.\ + \ + *Special event license* authorizes the licensee to sell and + distribute alcoholic beverages for consumption on the premises for + which the license has been issued for a period not to exceed the + number of days permitted by applicable ABLE license of the licensee. + +(Prior Code, § 3-2; Code 1999, § 3-101) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[844(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333161_Ordinance%20No.%20844%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +Amended by Ord. +[903(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347030_Ordinance%20No.%20903%20(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 4/15/2019\ +Amended by Ord. +[915(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288008_Ordinance%20915(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/3/2019\ +* +::: + +
+ +::: phx-name +[Sec 3-102 Amount Of +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-102_Amount_Of_Tax){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. There is hereby levied and assessed an annual occupation tax on + every business or occupation relating to alcoholic beverages as + specifically enumerated herein and pursuant to the provisions of 37 + O.S. § 554.1 in the amount as set by the city council by motion or + resolution. +2. The occupation tax for a brewer and a Class B wholesaler shall be + reduced by 75 percent if the brewer or Class B wholesaler is also + the holder of a license from the state to manufacture or wholesale + any low-point beer as provided in 37 O.S. § 518. +3. The occupation tax levied herein shall be paid in advance to the + city clerk who shall issue a receipt therefor. +4. The occupation tax levied herein shall expire on June 30 annually. + The amount of any occupation tax levied shall be computed pro rata + upon the months remaining in the year ending June 30 following. Such + taxes paid on or before the 15th day of any month shall be on the + basis of the first day of the month, and such taxes paid after the + 15th day of the month shall be on the basis of the first day of the + next succeeding month. +5. Any state licensee carrying on his occupation in more than one + location in the corporate limits of the city shall be subject to the + tax hereinabove specified for each location. +6. The occupation taxes prescribed herein shall be reduced to the + extent necessary to conform to applicable state law reducing the + state license fee to such person, but only to such extent as may be + required to conform to applicable state law, it being the intention + that this chapter shall levy the maximum tax allowable for the + occupations on which there is hereby levied an occupation tax. +7. Upon payment of the occupation tax, the city clerk shall issue a + receipt, signed by the city clerk, to the state licensee paying such + occupational tax. The city clerk shall also record the name of the + licensee and the address where the licensee engages in his + occupation. Such record shall be duly filed and kept in the + permanent files of the city for at least five years. Thereafter, + upon resolution by the council, it may be destroyed. +8. Any state licensee shall post his tax receipt in a conspicuous place + on the premises wherein he carries on his occupation. +9. The occupation tax shall cover only the person paying the tax and no + other or a successor thereof, and shall not be refundable. +10. The city clerk shall make and transmit to the alcoholic beverage + laws enforcement (\"ABLE\") commission an annual report showing the + number and class of licenses subject to the tax and the amount of + money received therefrom. +11. All sums due from any person by reason of occupation taxes imposed + by this chapter and all penalties accruing from such person by + reason of failure to pay such tax shall be recoverable at the suit + of the city, brought against such person in any court of competent + jurisdiction. In any suit, in addition to the tax and penalties, the + plaintiff shall recover interest, at the rate of ten percent per + annum, upon all sums due by way of tax and penalty from the date of + accrual thereof, and all costs of collection, judicial or otherwise, + including reasonable attorney\'s fees, all to be determined by the + court. Prosecution for an offense against the city, arising out of + the failure to pay a tax levied by this chapter, regardless of the + outcome thereof or its continued pendency, shall not constitute a + defense or bar in any manner to the collection of the tax and + penalties, if any are due, as herein provided. + +(Prior Code, §§ 3-38, 3-39, 3-41, 3-45; Code 1999, § 3-102) + +**State Law reference**--- State license fee amounts, 37 O.S. § 518. + +
+ +::: phx-name +[Sec 3-103 Application For Certificate Of Zoning And Code +Compliance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-103_Application_For_Certificate_Of_Zoning_And_Code_Compliance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every applicant for a certificate of compliance with the zoning, + fire, health and safety codes of the city required by 37 O.S. shall + apply at the office of the city clerk by: + 1. Filing a written application on forms prescribed by that office; + and + 2. Paying a verification and certification fee in the amount as set + by the council at the time of filing. +2. Upon receipt of an application for a certificate of compliance, the + city clerk shall cause an investigation to be made to determine + whether the premises proposed for licensed operations comply with + the provisions of the zoning ordinance and any health, fire, + building or other safety codes applicable to it. +3. Upon finding that the premises of an applicant for a certificate is + in compliance with all applicable zoning ordinances, a certificate + of zoning shall be issued by the ABLE commission. +4. Upon finding that the premises of an applicant for a certificate is + in compliance with all applicable fire, safety and health codes, a + certificate of compliance shall be issued by the ABLE commission. +5. The above certificates of compliance shall be signed by the mayor or + by the city clerk or deputy city clerk. + +(Prior Code, §§ 3-42, 3-43; Code 1999, § 3-103) + +
+ +::: phx-name +[Sec 3-104 Manufacture And Sale; State License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-104_Manufacture_And_Sale;_State_License_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall produce, manufacture or sell any alcoholic beverages, or +rectify any beverage, without having in his possession a valid license +issued by the ABLE commission. + +(Prior Code, § 3-3; Code 1999, § 3-104) + +
+ +::: phx-name +[Sec 3-105 Keeping Or Maintaining Place In Violation Of Law +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-105_Keeping_Or_Maintaining_Place_In_Violation_Of_Law_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall keep or maintain, or aid, assist or abet in keeping or +maintaining, a place where alcoholic beverages are possessed, +manufactured, sold, bartered or given away in violation of any of the +provisions of this chapter or any public place where persons are +permitted to resort for the purpose of drinking alcoholic beverages. + +(Prior Code, § 3-6; Code 1999, § 3-105) + +
+ +::: phx-name +[Sec 3-106 Transportation Of Intoxicating Beverages In Vehicles; +Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-106_Transportation_Of_Intoxicating_Beverages_In_Vehicles;_Exception){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall knowingly transport alcoholic beverages in any + vehicle upon any public highway, street or alley unless in the + original container which is unopened, the seal unbroken and the + original cap in place. +2. Subsection (A) of this section shall not apply if the opened + container is in the rear trunk or compartment or the spare tire + compartment in a vehicle commonly known as a station wagon or panel + truck, or in any outside compartment which is inaccessible to the + driver or any passenger while the vehicle is in motion. + +(Prior Code, § 3-17; Code 1999, § 3-106) + +**State Law reference**--- Similar provisions, 37 O.S. § 537. + +
+ +::: phx-name +[Sec 3-107 Sale To Minors, Incompetent Or Intoxicated Persons +Prohibited; Minors On +Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-107_Sale_To_Minors,_Incompetent_Or_Intoxicated_Persons_Prohibited;_Minors_On_Premises){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall: + 1. Knowingly sell, furnish or give any alcoholic beverage to any + person who is under the age of 21 years, or sell, furnish or + give any alcoholic beverages to any person who is insane, + mentally deficient or intoxicated; + 2. If he is under the age of 21 years, enter, be or remain on the + premises of a retail package store, or allow such a person to + be, enter or remain in the store.   + +2. 1. If the premises of a licensee of the alcoholic beverage laws + enforcement (ABLE) commission contains a separate or enclosed + lounge or bar area, which has as its main purpose the sale or + distribution of alcoholic beverages for on-premises consumption, + notwithstanding that as an incidental service, meals or short + order foods are made available therein, no person under 21 years + of age shall be admitted to such area, except for members of a + musical band employed or hired as provided section 3-108 when + the band is to perform within such area, or persons under 21 + years of age who are on the licensed premises for the limited + purpose of performing maintenance, construction, remodeling, + painting or other similar services relating to the building or + equipment installation, repair or maintenance on the premises + during those hours when the licensed establishment is closed for + business. The provisions of this section shall not prohibit + persons under 21 years of age from being admitted to an area + which has as its main purpose some objective other than the sale + or mixing or serving of said beverages, in which sales or + serving of said beverages are incidental to the main purpose, as + long as the persons under 21 years of age are not sold or served + alcoholic beverages. The incidental service of food in the bar + area shall not exempt a licensee from the provisions of this + section. The ABLE commission shall have the authority to + designate the portions of the premises of a licensee where + persons under 21 years of age shall not be admitted pursuant to + this section. When determining a licensee\'s main purpose, + low-point beer sales shall be counted separately, and it shall + not be considered a food or an alcoholic beverage. + 2. A new licensee that claims as its main purpose some objective + other than the sale of alcoholic beverages may be granted a + separate or enclosed lounge or bar area for a period of 90 days. + At the end of that 90-day period, the licensee shall have the + burden of showing that the business continues to qualify for a + separate or enclosed bar area. If the licensee fails to satisfy + this burden, then that licensee\'s main purpose shall + automatically convert to the sale of alcoholic beverages. + +3. Except as otherwise provided, an admission charge shall not be + considered in any calculation designed to determine the main purpose + of an establishment pursuant to subsection (B) of this section. As + used in this section, the term \"admission charge\" means any form + of consideration received by an establishment from a person in order + for that person to gain entrance into the establishment. + +4. The provisions of subsection (C) of this section shall not apply: + 1. If only persons 18 years of age or older are permitted to enter + the licensed premises; provided, however, if the licensee is + claiming an exception from the requirements of subsection (C) of + this section pursuant to this subsection and fails to restrict + the entry by persons under age 18 into the licensed premises, + the ABLE commission shall designate that only persons 21 years + of age or older are allowed on the licensed premises; + 2. If the licensed premises are owned or operated by a service + organization or fraternal establishment which is exempt under + section 501(c)(19), (8), or (10) of the Internal Revenue Code; + or + 3. To a public event held in a facility owned or operated by any + agency, political subdivision or public trust of the state. + +(Code 1999, § 3-107) + +**State Law reference**--- Similar provisions, 37 O.S. §§ 537(A)1, (A)2, +598. + +
+ +::: phx-name +[Sec 3-108 Employment Of Minors +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-108_Employment_Of_Minors_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No licensee of the ABLE commission shall employ any person under the age +of 21 in the selling or handling of alcoholic beverages, provided that a +mixed beverage, beer and wine, caterer, public event, special event or +bottle club licensee may employ servers who are at least 18 years of +age, except persons under 21 years of age may not serve in designated +bar or lounge areas, and a mixed beverage, beer and wine, caterer, +public event, special event or bottle club licensee may employ or hire +musical bands who have musicians who are under 21 years of age if each +such musician is either accompanied by a parent or legal guardian or has +on their person, to be made available for inspection upon demand by any +ABLE commission officer or law enforcement officer, a written, notarized +affidavit from the parent or legal guardian giving the underage musician +permission to perform in designated bar or lounge areas. + +(Prior Code, § 3-18; Code 1999, § 3-108) + +**State Law reference**--- Similar provisions, 37 O.S. § 537(B)(2). + +
+ +::: phx-name +[Sec 3-109 Minors In Possession Of Intoxicating Beverages In Public +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-109_Minors_In_Possession_Of_Intoxicating_Beverages_In_Public_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person under 21 years of age shall be in possession of any alcoholic +beverage while such person is upon any public street, road, highway or +in any public place. + +(Prior Code, § 3-4; Code 1999, § 3-109) + +
+ +::: phx-name +[Sec 3-110 Misrepresentation Of +Age](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-110_Misrepresentation_Of_Age){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall misrepresent his age either orally or in writing or by +presenting false or altered documentation of age for the purpose of +inducing any person to sell him alcoholic beverages. + +(Prior Code, § 3-14; Code 1999, § 3-110) + +
+ +::: phx-name +[Sec 3-111 Sale In Containers, From Licensed +Establishments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-111_Sale_In_Containers,_From_Licensed_Establishments){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall sell or deliver alcoholic beverages at a retail + alcoholic beverage store other than: + 1. In retail containers; + 2. At ordinary room temperatures; + 3. In the original package; and + 4. For consumption off the premises.\ + No person shall open or consume, or permit another person to + open or consume, a retail container of alcoholic beverage on the + premises of a retail package store. Except as otherwise + permitted in this chapter, no person shall drink any alcoholic + beverage in public except on the premises of a licensee who is + authorized to sell or serve alcoholic beverages by the + individual drink. +2. No person shall purchase any alcoholic beverage at retail or + wholesale from any person other than a dealer licensed by the ABLE + commission. + +(Prior Code, §§ 3-9, 3-10; Code 1999, § 3-111) + +
+ +::: phx-name +[Sec 3-112 Sales On +Credit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-112_Sales_On_Credit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Except as may be authorized by state law, no person shall sell any +alcoholic beverage on credit at any retail package store. + +(Prior Code, § 3-20; Code 1999, § 3-112) + +
+ +::: phx-name +[Sec 3-113 Other Prohibitions; Prizes, Happy Hours, Solicitation, +Nudity](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-113_Other_Prohibitions;_Prizes,_Happy_Hours,_Solicitation,_Nudity){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No licensee shall: + 1. Give any alcoholic beverage as a prize, premium or consideration + for any lottery, game of chance or skill or any type of + competition; or + 2. Advertise or offer \"happy hours\" or any other means or + inducements to stimulate the consumption of alcoholic beverages, + including: + 1. Deliver more than two drinks to one person at one time; + 2. Sell or offer to sell to any person or group of persons any + drinks at a price less than the price regularly charged for + such drinks during the same calendar week, except at private + functions not open to the public; + 3. Sell or offer to sell to any person an unlimited number of + drinks during any set period of time for a fixed price, + except at private functions not open to the public; + 4. Sell or offer to sell drinks to any person or group of + persons on any one day at prices less than those charged the + general public on that day, except at private functions not + open to the public; + 5. Increase the volume of alcoholic beverages contained in a + drink without increasing proportionately the price regularly + charged for such drink during the same calendar week; or + 6. Encourage or permit, on the licensed premises, any game or + contest which involves drinking or the awarding of drinks as + prizes. +2. No licensee shall: + 1. Allow any person on the premises where low-point beer or + alcoholic beverages are sold or dispensed for consumption on the + premises of the licensee where such person is unclothed or in + such attire, costume or clothing as to expose to view any + portion of the breast below the top of the areola or any portion + of the pubic area, buttocks or genitalia; + 2. Permit any person to perform acts of, or acts which simulate + sexual acts; + 3. Permit any person to use artificial devices or inanimate objects + to depict any lewd activities; or + 4. Permit the showing of films, still pictures, electronic + reproduction or other visual reproduction depicting any of the + prohibited acts in this section. +3. No licensee shall permit any drink solicitation, or request from a + patron to purchase any low-point beer or intoxicating alcoholic + beverage for consumption on the premises of the licensee, as that + term is defined in this chapter. + +(Prior Code, §§ 3-5, 3-9, 3-10, 3-13, 3-22, 3-23; Code 1999, § 3-113) + +**State Law reference**--- Similar provisions, 37 O.S. § 537. + +
+ +::: phx-name +[Sec 3-114 Consumption Of Intoxicating Alcoholic Beverage In Public +Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-114_Consumption_Of_Intoxicating_Alcoholic_Beverage_In_Public_Places){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person within the city shall drink intoxicating liquor in any public +place, unless authorized by the Alcoholic Control Beverage Act, nor +shall any person be intoxicated in a public place within the city. + +(Prior Code, §§ 3-25, 16-38; Code 1999, § 3-114) + +
+ +::: phx-name +[Sec 3-115 Location Of Retail Package Store And Mixed Beverage +Establishments; +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-115_Location_Of_Retail_Package_Store_And_Mixed_Beverage_Establishments;_Exceptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall own, operate, maintain or have any interest in any + retail package store which is located at a place in the city which + is forbidden as a location for such store by state laws or city + ordinances. +2. It shall be unlawful for any mixed beverage establishment, beer and + wine establishment, or bottle club which has been licensed by the + alcoholic beverage laws enforcement commission and which has as its + main purpose the selling or serving of alcoholic beverages for + consumption on the premises, or retail package store, to be located + within 300 feet of any public or private school or church property + primarily and regularly used for worship services and religious + activities; however, a college or university located within an + improvement district created pursuant to 11 O.S. § 39-103.1 may + waive the 300-foot requirement by providing written notice to the + establishment seeking the license and to the alcoholic beverage laws + enforcement commission. Provided, a college or university prior to + waiving the 300-foot requirement found in this subsection shall + publish a notice of its intention to waive such requirement in a + legal newspaper of general circulation within the state at least 30 + days but no more than 40 days prior to providing any written notice, + waiving the 300-foot requirement, to the establishment seeking the + license or to the alcoholic beverage laws enforcement commission. As + used in this subsection, the term \"legal newspaper of general + circulation within the state\" means a newspaper meeting the + requisites of a newspaper for publication of legal notices as + prescribed in 25 O.S. § 106 in a majority of the counties in the + state. The distance indicated in this section shall be measured from + the nearest property line of such public or private school or church + to the nearest perimeter wall of the premises of any such mixed + beverage establishment, beer and wine establishment, bottle club, or + retail package store which has been licensed to sell alcoholic + beverages. The provisions of this section shall not apply to mixed + beverage establishments, beer and wine establishments, or bottle + clubs, which have been licensed to sell alcoholic beverages for + on-premises consumption or retail package stores prior to November + 1, 2000; provided, if at the time of application for license renewal + the licensed location has not been in actual operation for a + continuous period of more than 60 days, the license shall not be + renewed. If any school or church shall be established within 300 + feet of any retail package store, mixed beverage establishment, beer + and wine establishment, or bottle club subject to the provisions of + this section after such retail package store, mixed beverage + establishment, beer and wine establishment, or bottle club has been + licensed, the provisions of this section shall not be a deterrent to + the renewal of such license if there has not been a lapse of more + than 60 days. When any mixed beverage establishment, beer and wine + establishment, or bottle club subject to the provisions of this + section which has a license to sell alcoholic beverages for + on-premises consumption or retail package store changes ownership or + the operator thereof is changed and such change of ownership results + in the same type of business being conducted on the premises, the + provisions of this section shall not be a deterrent to the issuance + of a license to the new owner or operator if he is otherwise + qualified. + +(Prior Code, § 3-12, in part; Code 1999, § 3-115) + +**State Law reference**--- Similar provisions, 37 O.S. § 518.3. + +
+ +::: phx-name +[Sec 3-116 Hours Of +Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-116_Hours_Of_Operation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No package store licensee shall sell or keep a package store + premises open for the purpose of selling any alcoholic beverages at + any hour other than between the hours of 8:00 a.m. and midnight, + Monday through Saturday, and noon to midnight on Sundays and shall + not be open on Thanksgiving Day or Christmas Day. Package store + licensees shall be permitted to sell alcoholic beverages on the day + of any general, primary, runoff primary or special election whether + on a national, state, county or city election, provided that the + election day does not occur on any day on which such sales are + otherwise prohibited by law. +2. No holder of a retail wine license or a retail beer license shall + sell any beer or wine other than between the hours of 6:00 a.m. and + 2:00 a.m. the following day, Monday through Sunday. Retail wine and + retail beer licensees shall be permitted to sell beer and wine on + the day of any general, primary, runoff primary or special election + whether on a national, state, county, or city election. +3. No alcoholic beverages may be sold, dispensed, served or consumed on + the premises of a mixed drink beverage licensee or bottle club + between the hours of 2:00 a.m. and 8:00 a.m. No licensee shall + permit any person, who has in his possession an open container, + having as its contents an intoxicating alcoholic beverage, to remain + in a mixed beverage establishment between the hours of 2:15 a.m. to + 8:00 a.m. No person, having in his possession an open container, + having as its contents an intoxicating alcoholic beverage, shall + remain in a mixed beverage establishment between the hours of 2:15 + a.m. to 8:00 a.m. For the purpose of this section, an open container + shall mean any receptacle containing low-point beer or intoxicating + alcoholic beverage, to include the original container of the + beverage where the original seal has been broken or opened. +4. Any person selling or keeping a package store open to sell any + alcoholic beverage during any day or hours not authorized, and any + person selling or permitting the sale of alcoholic beverages at a + grocery store, convenience store or drug store during any day or + hours not authorized shall be guilty of a misdemeanor for first + violation and upon a conviction shall be fined not more than + \$500.00. + +(Prior Code, § 3-19; Code 1999, § 3-116) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[899(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346822_Ordinance%20No.%20899%20(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 3/4/2019\ +Amended by Ord. +[940(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349133_940%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 4/6/2020\ +* +::: + +
+ +::: phx-name +[Sec 3-117 Sale Or Delivery Prohibited On Certain +Days](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-117_Sale_Or_Delivery_Prohibited_On_Certain_Days){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No wine or spirits wholesaler licensee shall sell or deliver, and no +wine or spirits retail licensee shall receive any amount of spirits or +wines to any licensee on Sunday or on New Year\'s Day, the Fourth of +July, Thanksgiving Day or Christmas Day. + +(Prior Code, § 3-24; Code 1999, § 3-117) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[899(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346822_Ordinance%20No.%20899%20(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 3/4/2019\ +* +::: + +
+ +::: phx-name +[CHAPTER 3-2 LOW-POINT +BEER](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-2_LOW-POINT_BEER){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 3-201 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-201_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-202 State +Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-202_State_Licenses){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-203 Retail Dealer\'s License Required; License +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-203_Retail_Dealer's_License_Required;_License_Fees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-204 Application For +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-204_Application_For_License){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-205 Expiration Of +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-205_Expiration_Of_License){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-206 Minors On Premises Prohibited; +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-206_Minors_On_Premises_Prohibited;_Exceptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-207 Sale Of Low-Point Beer To Minors +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-207_Sale_Of_Low-Point_Beer_To_Minors_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-208 Employment Of Persons Under 18 Years; +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-208_Employment_Of_Persons_Under_18_Years;_Exceptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-209 Sale Of Low-Point Beer Prohibited During Certain Hours; +Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-209_Sale_Of_Low-Point_Beer_Prohibited_During_Certain_Hours;_Exception){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-210 Transportation Of Low-Point Beer In Moving +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-210_Transportation_Of_Low-Point_Beer_In_Moving_Vehicle){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-211 Minors In Possession Of Low-Point Beer Prohibited While In +Public](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-211_Minors_In_Possession_Of_Low-Point_Beer_Prohibited_While_In_Public){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-212 Consumption Of Low-Point Beer In Public Places; Penalty; +Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-212_Consumption_Of_Low-Point_Beer_In_Public_Places;_Penalty;_Exception){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-213 Misrepresentation Of Age By False Or Altered +Documentation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-213_Misrepresentation_Of_Age_By_False_Or_Altered_Documentation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-214 Inspections, Sales Tax +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-214_Inspections,_Sales_Tax_Records){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 3-215 Glass Area And Lighting +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-215_Glass_Area_And_Lighting_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Low-point beer, 63 O.S. § 163.1 et seq.\ + +
+ +::: phx-name +[Sec 3-201 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-201_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Low-point beer* means beverages containing more than one-half of one +percent alcohol by volume, and not more than 3.2 percent alcohol by +weight, including, but not limited to, beer or cereal malt beverages +obtained by the alcoholic fermentation of an infusion of barley or other +grain, malt or similar products. + +*Minor* means a person who, in accordance with state law, has not yet +attained the age at which the consumption of low-point beer is +permitted. + +*Retail dealer* means and includes any and all persons who sell, +distribute or dispense any low-point beer at retail to the public for +consumption or use, whether consumed on the premises or not. A dealer +who is engaged in wholesaling low-point beer for resale shall not be +exempt from the provisions of this chapter if he also sells, distributes +or dispenses such beverages direct to the public for consumption or use. + +(Prior Code, § 3-106; Code 1999, § 3-201) + +
+ +::: phx-name +[Sec 3-202 State +Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-202_State_Licenses){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall engage in the business of selling, offering for sale or +distributing any low-point beer, at retail, for consumption or use, +without first having obtained a state license to do so, and in cases +where such beverages are consumed on the premises, a license as provided +by the statutes of the state. + +(Prior Code, § 3-127; Code 1999, § 3-202) + +
+ +::: phx-name +[Sec 3-203 Retail Dealer\'s License Required; License +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-203_Retail_Dealer's_License_Required;_License_Fees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall sell, distribute or dispense any low-point beer at + retail to the public without first having obtained a license to do + so from the city, and making payment in advance to the city clerk in + the amount as provided herein. +2. The annual fee for a license under this chapter shall be as + established by resolution. +3. No license issued hereunder is transferable. +4. Licenses required by this chapter shall be issued by the city clerk + upon payment of the required fee and compliance by the applicant + with all applicable ordinances of the city, and upon a satisfactory + showing that the applicant has obtained such state and county + permits as are required by law. + +(Prior Code, §§ 3-126, 3-128, 3-129; Code 1999, § 3-203) + +
+ +::: phx-name +[Sec 3-204 Application For +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-204_Application_For_License){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +An applicant for a retail dealer\'s license or renewal of such license +shall deposit the required fee with the city clerk and submit an +application on the form provided by the clerk. + +(Code 1999, § 3-204) + +
+ +::: phx-name +[Sec 3-205 Expiration Of +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-205_Expiration_Of_License){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The licenses provided for in this chapter shall expire annually on June +30, and the fee therefor shall not be prorated. + +(Prior Code, § 3-130; Code 1999, § 3-205) + +
+ +::: phx-name +[Sec 3-206 Minors On Premises Prohibited; +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-206_Minors_On_Premises_Prohibited;_Exceptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It shall be unlawful for any person who holds a license to sell and + dispense low-point beer for consumption on the premises, or any + agent, servant, or employee of said license holder, to permit any + person under 21 years of age to be admitted to or remain in a + separate or enclosed bar area of the licensed premises, which has as + its main purpose the selling or serving of low-point beer for + consumption on the premises. The provisions of this section shall + not prohibit persons under 21 years of age from being admitted to an + area which has as its main purpose some objective other than the + sale or serving of low-point beer, in which sales or serving of said + beverages are incidental to the main purpose, as long as persons + under 21 years of age are not sold or served said beverages; + however, the incidental service of food in the bar area shall not + exempt a licensee, agent, servant, or employee from the provisions + of this subsection. +2. If the premises of a holder of a license to sell low-point beer + contains a separate or enclosed bar area which has as its main + purpose the sale or serving of low-point beer for consumption on the + premises, no minor shall enter, attempt to enter, or remain in the + area. The provisions of this subsection shall not prohibit minors + from entering or remaining in an area which has as its main purpose + some objective other than the sale or serving of low-point beer, in + which sales or serving of the beverages are incidental to the main + purpose, if the minors are not sold or served or do not consume + low-point beer anywhere on the premises; however, the incidental + service of food in the bar area shall not exempt minors from the + provisions of this subsection. + +(Prior Code, § 3-108; Code 1999, § 3-206) + +**State Law reference**--- Similar provisions, 37 O.S. §§ 241, 243, 246. + +
+ +::: phx-name +[Sec 3-207 Sale Of Low-Point Beer To Minors +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-207_Sale_Of_Low-Point_Beer_To_Minors_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person who holds a license to sell and dispense +low-point beer, or any agent, servant or employee of the license holder, +to sell, barter or give to any minor any low-point beer. + +(Prior Code, § 3-111; Ord. No. 486, 6-5-1989; Code 1999, § 3-207) + +**State Law reference**--- Similar provisions, 37 O.S. § 241. + +
+ +::: phx-name +[Sec 3-208 Employment Of Persons Under 18 Years; +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-208_Employment_Of_Persons_Under_18_Years;_Exceptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful for any person under 18 years of age to be employed + or permitted to work, in any capacity whatsoever, in a place where + low-point beer is sold or dispensed for consumption on the premises. +2. It is unlawful for any minor to be employed or permitted to work, in + any capacity whatsoever, in the separate or enclosed bar area of a + place where the main purpose of the area is the sale or consumption + of low-point beer. The provisions of this subsection shall not apply + to any area which has as its main purpose some objective other than + the sale or serving of low-point beer, in which sales or serving of + the beverages are incidental to the main purpose; however, the + incidental service of food in the bar area shall not exempt a holder + of a license to sell low-point beer for consumption on the premises + from the provisions of this subsection. +3. A parent in regard to the employment of his own child is exempted + from the provisions of this section, provided that such employment + shall in no capacity whatsoever be related to the selling or + dispensing of such beverages. +4. The provisions of subsection (A) of this section shall not apply to + any business or establishment where sales of the beverages do not + exceed 25 percent of the gross sales of the business or + establishment. + +(Code 1999, § 3-208) + +**State Law reference**--- Similar provisions, 37 O.S. § 243. + +
+ +::: phx-name +[Sec 3-209 Sale Of Low-Point Beer Prohibited During Certain Hours; +Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-209_Sale_Of_Low-Point_Beer_Prohibited_During_Certain_Hours;_Exception){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No retailer licensed to sell low-point beer shall sell such + beverages for consumption on the premises between the hours of 2:00 + a.m. Sunday morning and 7:00 a.m. Monday morning or between the + hours of 2:00 a.m. and 7:00 a.m. on any other day. +2. No retail dealer of any business selling low-point beer, as that + term is defined in this chapter, for consumption on the premises, + nor any operator, agent, or employee of the retail dealer, shall + permit any person, who has in his possession an open container + having as its contents a low-point beer, to remain on the premises + between the hours of 2:15 a.m. to 7:00 a.m. Mondays through + Saturdays, or on Sundays after 7:00 a.m. No person, having in his + possession an open container having as its contents a low-point + beer, shall remain on the premises between the hours of 2:15 a.m. to + 7:00 a.m. Mondays through Saturdays, or on Sundays after the hour of + 2:15 a.m. For the purpose of this section, an open container shall + mean any receptacle containing low-point beer or intoxicating + alcoholic beverage, to include the original container of the + beverage where the original seal has been broken or opened. + +(Code 1999, § 3-209) + +**State Law reference**--- City powers to regulate hours, Sunday hours, +37 O.S. § 213. + +
+ +::: phx-name +[Sec 3-210 Transportation Of Low-Point Beer In Moving +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-210_Transportation_Of_Low-Point_Beer_In_Moving_Vehicle){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall knowingly transport in any moving vehicle upon a public +highway, street or alley within the city any low-point beer except in +the original container which shall have not been opened and from which +the original cap or seal shall have not been removed, unless the opened +container is in the rear trunk or rear compartment, which shall include +the spare tire compartment in a station wagon or panel truck, or any +outside compartment which is not accessible to the driver or any other +person in the vehicle while it is in motion. + +(Prior Code, § 3-113; Code 1999, § 3-210) + +**State Law reference**--- Similar provisions, 37 O.S. § 537. + +
+ +::: phx-name +[Sec 3-211 Minors In Possession Of Low-Point Beer Prohibited While In +Public](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-211_Minors_In_Possession_Of_Low-Point_Beer_Prohibited_While_In_Public){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person under 21 years of age shall: + +1. Consume; or +2. Possess with the intent to consume; + +low-point beer, as defined in 37 O.S. § 163.2, in any public place. Any +person violating any of the provisions of this section shall be guilty, +upon conviction, of a misdemeanor and punished as provided in section +1-108 or by appropriate community service not to exceed 20 hours. +Provided, the provisions of this section shall not apply when such +persons are under the direct supervision of their parent or lawful +guardian, but in no instance shall this exception be interpreted to +allow such persons to consume such beverages in any place licensed to +dispense low-point beer as provided in 37 O.S. § 163.11. + +(Prior Code, § 3-112; Code 1999, § 3-211; Ord. No. 31(92), 7-20-1992) + +
+ +::: phx-name +[Sec 3-212 Consumption Of Low-Point Beer In Public Places; Penalty; +Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-212_Consumption_Of_Low-Point_Beer_In_Public_Places;_Penalty;_Exception){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall consume, or possess with intent to consume, + low-point beer in any public place, or upon any public street. +2. Any person violating the provision of this section shall, upon + conviction, be guilty of a misdemeanor and shall be punished as + provided in section 1-108, or by appropriate community service not + to exceed 20 hours. +3. The provisions of this section shall not prohibit a person who is of + age from consuming such beverages in any place licensed to dispense + beer as provided for in 37 O.S. § 163.11. + +(Code 1999, § 3-212; Ord. No. 31(92), 7-20-1992) + +**State Law reference**--- Similar provisions, 37 O.S. § 246. + +
+ +::: phx-name +[Sec 3-213 Misrepresentation Of Age By False Or Altered +Documentation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-213_Misrepresentation_Of_Age_By_False_Or_Altered_Documentation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall represent his age either orally or in writing or by +presenting false or altered documentation of age for the purpose of +inducing any person to sell him low-point beer. + +(Code 1999, § 3-213) + +
+ +::: phx-name +[Sec 3-214 Inspections, Sales Tax +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-214_Inspections,_Sales_Tax_Records){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every person subject to the provisions of this chapter shall, at the + request of the city, produce such state sales tax records as the + city might request within ten working days of such request, and the + application for the acceptance of any license hereunder shall + conclusively be deemed to be consent of the applicant and licensee + to produce such state sales tax records. +2. The police department may make inspections of all places of business + where low-point beer is sold, distributed, or dispensed at retail, + for the purpose of enforcing the law and for ascertaining whether + the operators thereof are complying with the requirements of the law + relating to the handling of low-point beer. + +(Code 1999, § 3-214) + +
+ +::: phx-name +[Sec 3-215 Glass Area And Lighting +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-215_Glass_Area_And_Lighting_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All buildings and structures used or occupied as a place where + low-point beer is offered for sale for consumption on the premises + shall be so designed, constructed and maintained as to contain in + the face of such building fronting upon the nearest public way to + which such building is adjacent and used as the most public entrance + a plate glass area forming both the interior and exterior wall + equivalent to 75 percent of the total area of the face of such + building computed on a square footage basis between floor level and + ceiling height. +2. All plate glass required by this section shall be maintained in a + clear, unpainted and unobstructed condition, so as to permit clear + visibility of the interior of such building from without the same. + All areas of such building designed for use by the retail customers + of such establishment shall be lighted with incandescent or + fluorescent lights providing a minimum of 25 footcandles of light at + all locations within the area. All such establishments containing + less than the required percentage of glassed area on the face of the + building as of the date of passage of this section shall keep and + maintain all of the existing glassed area on the face of the + building in a clear, unpainted and unobstructed condition and shall + not enlarge or extend the building without compliance with the + provisions of this section. + +(Prior Code, § 3-109, 3-110; Code 1999, § 3-215) + +
+ +::: phx-name +[CHAPTER 3-3 PROHIBITING GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC +BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-3_PROHIBITING_GATHERINGS_WHERE_MINORS_ARE_CONSUMING_ALCOHOLIC_BEVERAGES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 3-301 Permitting Or Allowing Gathering Where Minors Are Consuming +Alcoholic +Beverages](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-301_Permitting_Or_Allowing_Gathering_Where_Minors_Are_Consuming_Alcoholic_Beverages){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 3-301 Permitting Or Allowing Gathering Where Minors Are Consuming +Alcoholic +Beverages](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-301_Permitting_Or_Allowing_Gathering_Where_Minors_Are_Consuming_Alcoholic_Beverages){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Definitions*. The following words, terms and phrases, when used in + this chapter, shall have the meanings ascribed to them in this + section, except where the context clearly indicates a different + meaning:\ + *\ + Alcohol* means ethyl alcohol, hydrated oxide of ethyl, or spirits of + wine, from whatever source or by whatever process produced.\ + *\ + Alcoholic beverage* includes alcohol, spirits, liquor, wine, beer, + and every liquid or solid containing alcohol, spirits, wine, or + beer, and which contains one-half of one percent or more of alcohol + by volume and which is fit for beverage purposes either alone or + when diluted, mixed, or combined with other substances. The term + \"alcoholic beverage\" includes intoxicating beverages and low-point + beer as defined herein.\ + *\ + Gathering* means a party, gathering, or event, where a group of + three or more persons have assembled or are assembling for a social + occasion or social activity.\ + *\ + Intoxicating beverage* includes beverages containing more than 3.2 + percent alcohol by weight.\ + *\ + Legal guardian* means: + 1. A person who, by court order, is the guardian of the person of a + minor; or + 2. A public or private agency with whom a minor has been placed by + the court. + + *Low-point beer* means and includes beverages containing more than + one-half of one percent alcohol by volume, and not more than 3.2 + percent alcohol by weight, including, but not limited to, beer or + cereal malt beverages obtained by the alcoholic fermentation of an + infusion of barley or other grain, malt or similar products.\ + *\ + Minor* means any person under 21 years of age.\ + *\ + Parent* means a person who is a natural parent, adoptive parent, + foster parent, or step-parent of another person.\ + *\ + Premises* means any residence or other private property, place, or + premises, including any commercial or business premises.\ + *\ + Response costs* are the costs associated with responses by law + enforcement, fire, and other emergency response providers to a + gathering, including, but not limited to: + 1. Salaries and benefits of law enforcement, code enforcement, + fire, or other emergency response personnel for the amount of + time spent responding to, remaining at, or otherwise dealing + with a gathering, and the administrative costs attributable to + such response; + 2. The cost of any medical treatment for any law enforcement, code + enforcement, fire, or other emergency response personnel injured + responding to, remaining at, or leaving the scene of a + gathering; + 3. The cost of repairing any city equipment or property damaged, + and the cost of the use of any such equipment, in responding to, + remaining at, or leaving the scene of a gathering; and + 4. Any other allowable costs related to the enforcement of this + section. +2. *Consumption of alcohol by minor in public place, place open to + public, or place not open to the public*. Except as permitted by + state law, it is unlawful for any minor to consume at any place not + open to the public any alcoholic beverage, unless in connection with + the consumption of an alcoholic beverage that minor is being + supervised by his parent or legal guardian. +3. *Hosting, permitting, or allowing a party, gathering, or event where + minors consume alcoholic beverages prohibited*. + 1. 1. It is the duty of any person having control of any premises, + who knowingly hosts, permits, or allows a gathering at said + premises, to take all reasonable steps to prevent the + consumption of alcoholic beverages by any minor at the + gathering. Reasonable steps are controlling access to + alcoholic beverages at the gathering; controlling the + quantity of alcoholic beverages present at the gathering; + verifying the age of persons attending the gathering by + inspecting drivers\' licenses or other government-issued + identification cards to ensure that minors do not consume + alcoholic beverages while at the gathering; and supervising + the activities of minors at the gathering. + 2. It is unlawful for any person having control of any premises + to knowingly host, permit, or allow a gathering to take + place at said premises where at least one minor consumes an + alcoholic beverage, whenever the person having control of + the premises either knows a minor has consumed an alcoholic + beverage or reasonably should have known that a minor + consumed an alcoholic beverage had the person taken all + reasonable steps to prevent the consumption of an alcoholic + beverage by a minor as set forth in subsection (C)(1)a of + this section. + + 2. This section shall not apply to conduct involving the use of + alcoholic beverages that occurs exclusively between a minor and + his parent or legal guardian. + + 3. Nothing in this section should be interpreted to prohibit any + family activity held in the confines of the family home from + providing the use of alcohol to immediate family members within + the supervision of parents and guardians. However, if a minor + leaves such a family gathering intoxicated and is found in + public then said providers of alcohol will be held responsible + in the same manner as a non-family gathering. + + 4. Nothing in this section should be interpreted to prohibit any + religious practice which includes the use of alcohol. However, + if a minor leaves such a religious gathering intoxicated and is + found to be in public then said providers of alcohol will be + held responsible in the same manner as a non-religious + gathering. + + 5. This section shall not apply to any premises licensed by the + state to dispense alcoholic beverages. +4. *Penalty*. Any person violating the provisions of this section shall + be punished pursuant to the terms of section 1-108. +5. *Reservation of legal options*. Violations of this section may be + prosecuted by the city criminally, civilly, and/or administratively + as provided by this Code. The city may seek administrative fees and + response costs associated with enforcement of this section through + all remedies or procedures provided by statute, ordinance, or law. + This section shall not limit the authority of peace officers or + private citizens to make arrests for any criminal offense arising + out of conduct regulated by this section, nor shall they limit the + city\'s ability to initiate and prosecute any criminal offense + arising out of the same circumstances necessitating the application + of this section. +6. *Local authority.* This section shall not apply where prohibited or + preempted by state or federal law. + +(Code 1999, § 3-301; Ord. No. 601(07), 11-19-2007) + +
+ +::: {.phx-name .phx-break} +[PART 4 +ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_4_ANIMALS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 4-1 GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_4-1_GENERAL_PROVISIONS){.k-link +target="_blank" style="color:#0000EE"}\ + +**\ +State Law reference**--- City powers to regulate animals, 11 O.S. § +22-115 et seq.\ + +
+ +::: phx-name +[CHAPTER 4-1 GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_4-1_GENERAL_PROVISIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 4-1A ANIMAL +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1A_ANIMAL_REGULATIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 4-1B REGISTRATION AND VACCINATION OF +ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1B_REGISTRATION_AND_VACCINATION_OF_ANIMALS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 4-1C IMPOUNDMENT +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1C_IMPOUNDMENT_REGULATIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 4-1D CRUELTY TO +ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1D_CRUELTY_TO_ANIMALS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 4-1E RABIES AND ANIMAL +BITES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1E_RABIES_AND_ANIMAL_BITES){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 4-1F VICIOUS +ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1F_VICIOUS_ANIMALS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 4-1G +PENALTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1G_PENALTY){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- City powers to regulate animals, 11 O.S. § +22-115 et seq.\ + +
+ +::: phx-name +[ARTICLE 4-1A ANIMAL +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1A_ANIMAL_REGULATIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 4-101 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-101_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-102 Running At Large, Owners Cited; +Enclosures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-102_Running_At_Large,_Owners_Cited;_Enclosures){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-103 Control Of Animals Required, At Large And +Sanitation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-103_Control_Of_Animals_Required,_At_Large_And_Sanitation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-104 Keeping And Raising Of +Fowl](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-104_Keeping_And_Raising_Of_Fowl){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-105 Keeping Of +Swine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-105_Keeping_Of_Swine){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-106 Buildings, Structures For Animals; +Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-106_Buildings,_Structures_For_Animals;_Location){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-107 Number Of Animals Restricted, +Kennels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-107_Number_Of_Animals_Restricted,_Kennels){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-108 Noisy Animals; Complaint Procedure For Animals Which Disturb, +Are In Violation Of +Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-108_Noisy_Animals;_Complaint_Procedure_For_Animals_Which_Disturb,_Are_In_Violation_Of_Code){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-109 Keeping Of Wild Or Exotic +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-109_Keeping_Of_Wild_Or_Exotic_Animals){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-110 Pasturing In Public Areas +Illegal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-110_Pasturing_In_Public_Areas_Illegal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-111 Riding On Streets; Racing +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-111_Riding_On_Streets;_Racing_Animals){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-112 Keeping Of +Bees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-112_Keeping_Of_Bees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-113 Use Of Metal +Traps](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-113_Use_Of_Metal_Traps){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-114 Refusal To Deliver Animal To Animal Control +Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-114_Refusal_To_Deliver_Animal_To_Animal_Control_Officer){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-115 Feeding Of Wild +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-115_Feeding_Of_Wild_Animals){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 4-101 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-101_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following words, terms and phrases, when used in this chapter, + shall have the meanings ascribed to them in this section, except + where the context clearly indicates a different meaning:\ + *\ + Adequate care* means normal and prudent attention to the needs of an + animal including wholesome food, clean water, shelter and healthcare + as necessary to maintain good health in a specific species of + animal.\ + *\ + Adequate food* means provisions at suitable intervals at no more + than 12 hours unless dietary requirements of the species require a + longer interval, of a quality, wholesome food suitable for the + species and age, sufficient to maintain a reasonable level of + nutrition in each animal, served in a safe receptacle, dish or + container.\ + *\ + Adequate water* means the continual access to or access at suitable + intervals not less than once each eight hours for at least on hour + to a supply of clean, fresh, unfrozen, potable water provided in a + sanitary manner suitable for the species, condition and age of the + animal and in sufficient amounts to maintain good health in the + animal. Such water shall be provided in a secure manner so the + container cannot be overturned.\ + *\ + Adequate shelter* means structurally sound, properly ventilated, + sanitary, dry and weather proof shelter suitable for the species, + age and condition of the animal which is free of litter or hazardous + substances and objects, contains clean and dry bedding material and + which provides access to shade from direct sunlight and regress from + inclement weather conditions. Shelter shall be fully enclosed on + three sides, roofed and a solid floor. The entrance to the shelter + shall be flexible to allow the animal\'s entry and exit and sturdy + enough to block entry of wind or rain. The shelter shall be small + enough to retain the animal\'s body heat and large enough to allow + the animal to stand and turn around comfortably. Unacceptable + shelter includes, but is not limited to, barrels, pipes, crates, + cardboard boxes, pet carriers or tarpaulins.\ + *\ + Animal* means livestock, creatures, fowl, dogs, cats, or ferrets + except fowl shall not apply to the term \"animal\" when dealing with + rabies issues.\ + *\ + Animal control authority* means the animal control section of the + city or its representative directed by the city manager for the + welfare of the city.\ + *\ + Animal control officer* means the persons employed by the animal + control authority or appointed by the city manager to enforce this + chapter.\ + *\ + Animal shelter* means any premises designated by action of the + council for the purposes of impounding and caring for animals.\ + *\ + At large* or *running at large* means any animal (except cats) not + under the control of a competent person. As applied to animals, the + term \"at large\" or \"running at large\" means: + 1. *Off-premises*. Any animal (except cats) which is not restrained + by means of a leash or chain of sufficient strength and not more + than six feet in length to control the actions of such animal + while off the owner\'s property; and + 2. *On-premises*. Any animal (except cats) not confined within the + owner\'s property by a substantial fence of sufficient strength + and height to prevent the animal from escaping therefrom, or + secured on the premises by a metal chain or leash sufficient in + strength to prevent the animal from escaping from the owner\'s + property and so arranged so that the animal will remain upon the + property when the leash is stretched to full length. A dog + intruding upon the property of another person other than the + owner shall be termed running at large. Any animal within an + automobile or other vehicle of its owner or owner\'s agent shall + not be deemed running at large. + + *Body harness* means a set of straps that extend around the chest + and mid-section of the animal\'s body, so as to not tighten around + the animal\'s neck when the animal pulls at the end of the tether.\ + *\ + Cat* means any member of the feline family.\ + *\ + Collar* means a band of leather or soft material fastened around the + neck of an animal as to attach a license, tag or tether.\ + *\ + Compendium* means the most recent version of compendium of animal + rabies control established by the National Association of State + Public Health Veterinarians Inc., adopted by the animal control + authority.\ + *\ + Creature* means a domesticated animal used as a household pet such + as a hamster, gerbil or similar animal.\ + *\ + Dangerous animal*. See Vicious canine.\ + *\ + Dog* means any member of the canine family.\ + *\ + Domesticated* means trained or adapted for use in a human + environment.\ + *\ + Domesticated birds* means canaries, parrots, parakeets, myna birds, + peacocks, birds of paradise or other birds tamed to the household or + pertaining thereto.\ + *\ + Enclosure* means, while on the property of the owner, secure + confinement indoors or in a securely enclosed and locked pen or + structure, suitable to prevent entry and designed to prevent the + animal from escaping.\ + *\ + Euthanized* means to put to death in a humane manner.\ + *\ + Exposed to rabies* means any animal (except fowl) that has been + bitten by or exposed to any other animal known to have been infected + with rabies.\ + *\ + Fowl* means domesticated chickens, guineas, geese, ducks and + pigeons, peacocks and turkeys.\ + *\ + Harbor* means to feed or shelter an animal at the same location for + five or more consecutive days.\ + *\ + Impound* means to apprehend, catch, trap, net or if necessary, kill + any animal by the animal control authority or its agent.\ + *\ + Impounding facilities* means any premises designed by the city for + the purpose of impounding and caring for all animals found in + violation of this chapter.\ + *\ + Keeper* means any person, family, firm or corporation owning or + actually keeping, having, using or maintaining any of the animals + herein referred to.\ + *\ + Kennel* means any place where four or more dogs or four or more + cats, more than six months of age, are kept, sheltered or fed and + watered.\ + *\ + License* means annual pet registration required by the city for + animals vaccinated against rabies, issued by the animal control + authority.\ + *\ + Livestock* means domestic animals such as swine, horses, mules, + asses, sheep, goats or cattle. When these terms are used herein, it + shall include any related member of the species.\ + *\ + Muzzle* means a device constructed of strong, soft material or a + metal muzzle such as that used commercially with greyhounds. The + muzzle must be made in a manner which will not cause injury to the + animal or interfere with its vision or respiration, but must prevent + it from biting any person, animal or livestock.\ + *\ + Neuter* means to render a male animal unable to reproduce.\ + *\ + Non choke type* *collars* means a collar that when worn by an animal + does not constrict or choke the animal when the animal pulls or + extends the attached tether.\ + *\ + Nuisance animal* means the conduct or behavior of any animal which + molests passersby or passing vehicles; attacks other animals; + damages private or public property; barks, whines, howls, crows or + makes other noises in an excessive, continuous fashion which annoys + the comfort, repose, health or safety of the people in the + community; unconfined in season; or a vicious animal not confined as + required by this chapter.\ + *\ + Owner* or *keeper* means any person, group of persons or corporation + owning, keeping or harboring animals, fowl or birds.\ + *\ + Provoke* or *provocation* means, with respect to an attack by an + animal, that the animal was hit, kicked or struck by a person with + an object or part of a person\'s body or that any part of the + animal\'s body is pulled, pinched or squeezed by a person.\ + *\ + Rabies policy and procedure* means the \"compendium\" unless + otherwise stated.\ + *\ + Ratproof* means that state of being constructed so as to effectively + prevent entry of rats.\ + *\ + Registration and vaccination for rabies* means the procedure of + vaccinating for rabies and issuing an identification number and an + appropriate certificate issued by a licensed veterinarian.\ + *\ + Restraint* means that an animal is controlled by leash or tether, + either of which shall not exceed six feet in length, by a competent + person, or is within any vehicle, trailer or other conveyance being + driven, pulled or parked on the street, or is confined within the + property limits of its owner or keeper.\ + *\ + Sanitary* means any condition of good odor and cleanliness which + precludes the probability of disease transmission and insect + breeding and which preserves the health of the city.\ + *\ + Severe injury* means any physical injury that results in bruising, + lacerations, or causing blood to be drawn.\ + *\ + Spay* means to render a female animal incapable to reproduce.\ + *\ + Tag* means any object that bears a registration number and the words + \"registered and vaccinated for rabies\" in the shape and color + recognized by the National Association of State Public Health + Veterinarians which has been issued by a veterinarian.\ + *\ + Tether* means a rope, chain, or cable that is attached to an + animal\'s collar or harness for the purpose of restraining the + animal.\ + *\ + Vaccination* means a treatment with a vaccine to produce an immunity + against disease.\ + *\ + Veterinarian* means a person holding a current state license + qualified to treat diseased or injured animals.\ + *\ + Vicious canine* means: + 1. 1. Any canine which, according to the records of the + appropriate authority, has inflicted severe injury on a + human being without provocation on public or private + property where such a person is conducting himself peaceably + and lawfully; + 2. Any canine which, according to the records of the + appropriate authority, requires a defensive action by any + person to prevent bodily injury or property damage without + provocation on public or private property where such a + person is conducting himself peaceably and lawfully; + 3. Any canine which, according to the records of the + appropriate authority, has killed a domestic animal or + livestock without provocation while off the owner\'s + property or has caused economic loss to the owner of + livestock as a result of the canine\'s attacking or + harassing the livestock; + 4. Any canine owned or harbored primarily or in part for the + purpose of canine fighting or any canine trained for canine + fighting; or + + 2. All other words, terms or phrases used herein shall be defined + and interpreted according to their common usage. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-102 Running At Large, Owners Cited; +Enclosures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-102_Running_At_Large,_Owners_Cited;_Enclosures){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any animal (excluding cats), running at large in the city may be + taken up by the animal control officer and impounded at the animal + shelter. Employees of the city animal control authority shall have + the authority to enter upon the owners property in pursuing a dog + which is running at large and they shall have authority to open + gates, cross fences and take whatever steps that are necessary to + impound the dog running at large, except nothing in this section + shall be construed to authorize the city employee to enter into a + dwelling of a person. The animal control officer may, at their + discretion, cite the owner of such animal to appear in municipal + court to answer charges of each violation of this chapter. Upon a + first conviction for violation of this section, such violation shall + be punishable by a maximum fine of \$500.00 plus court costs. Upon a + second conviction within a twelve month period for conviction of a + violation of this section, such violation shall be punishable by a + minimum fine of \$250.00 up to a maximum of \$500.00 plus court + costs. Upon a third and all subsequent convictions within a twelve + month period for violation of this section, such violation shall be + punishable by a minimum fine of \$400.00 up to a maximum of \$500.00 + plus court costs. +2. Every person who owns or has charge of any animal within the city + shall be required to keep the domestic animal within a suitable + enclosure and to restrain the animal from running at large. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +Amended by Ord. +[968(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785531_Ordinance%20968.21.pdf){.k-link +target="_blank" style="color:#0000EE"} on 3/15/2021\ +* +::: + +
+ +::: phx-name +[Sec 4-103 Control Of Animals Required, At Large And +Sanitation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-103_Control_Of_Animals_Required,_At_Large_And_Sanitation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful for any owner or person to: + 1. Fail to prevent any animal (except cats) from running at large + within the city; or + 2. Perform, do or carry out any inhumane treatment against any + animal; or + 3. Keep, possess, own, control, maintain, use or otherwise exercise + dominion over any animal which by reason of noise, odor or + sanitary conditions becomes offensive to a reasonable and + prudent person of ordinary tastes and sensibilities, or which + constitutes or becomes a health hazard as determined by the + health officer or animal control officer; or + 4. Turn any animal at large or release an animal which is + restrained or confined in an enclosure as required by this + chapter; or + 5. Harbor, keep or have possession of a nuisance animal as defined + in this chapter.   + +2. 1. No owner, keeper, or person having control of any animal shall + fail to immediately remove and dispose of in a sanitary manner + any solid waste deposited by such animal upon any sidewalk, + public park, alley, other place open to the public, or from + private property before the owner leaves the immediate area + where the solid waste was deposited. + 2. No owner, keeper, or person having control of any animal shall + fail to have in his possession the equipment necessary to remove + his animal\'s solid waste when accompanied by said animal on + public property. + 3. No owner, keeper or person having control of any animal shall + permit such animal to destroy or damage property of any kind or + to deposit solid waste or to commit a similar nuisance on the + private property of a person or the property of the city, + including its parks and playgrounds, or any property other than + that of the owner of the animal. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-104 Keeping And Raising Of +Fowl](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-104_Keeping_And_Raising_Of_Fowl){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Keeping of fowl is prohibited in the city limits except on property +zoned A1 or A2. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-105 Keeping Of +Swine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-105_Keeping_Of_Swine){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Keeping and raising of swine and other livestock is prohibited in + the City limits except on property zoned A1 or A2. + 1. Asian pot-bellied swine or other similar small swine located + outside of zone A1 or A2 will be permitted only under the + following conditions: + 1. Each pot-bellied swine shall be a pet that is to be kept for + personal enjoyment and not kept or raised for human + consumption; + 2.  Each pot-bellied swine shall be registered through a bona + fide registry firm; + 3. There shall not be more than two pot-bellied swine of more + than three months of age per residence; and + 4. Swine must be registered with the City of Moore Animal + Control on or before October 1, 2023 with proof of ownership + (veterinary bills, etc.) prior to February 1, 2023. +2. Nothing in this section shall be deemed to limit or hinder city or + state health enforcement personnel from restricting or removing, or + requiring the removal of, any such swine from the city if such an + action is deemed necessary to promote or protect the health and + safety of the inhabitants of the city. Furthermore, any regulation + promulgated by the state department of health or statute adopted by + the legislature relating to pot-bellied pigs or other small swine + shall be deemed applicable to any such swine or pot-bellied pigs + authorized by this section. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +Amended by Ord. +[1032.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692208673_1032.23%20signed.pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/5/2023\ +* +::: + +
+ +::: phx-name +[Sec 4-106 Buildings, Structures For Animals; +Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-106_Buildings,_Structures_For_Animals;_Location){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every building or place where any animal is kept shall be + constructed of such material and in such manner that it can be kept + clean and sanitary at all times. +2. No place where an animal is kept shall be maintained closer than 25 + feet to the premises of an apartment, hotel, restaurant, + boardinghouse, food store, building used for educational, religious + or hospital purposes, or dwelling other than that occupied by the + owner or occupant of the premises upon which the animal is kept. +3. Every building where any livestock is kept, if located within 200 + feet of any apartment, hotel, restaurant, boardinghouse, food store, + building used for educational, religious or hospital purposes, or + any dwelling other than that occupied by the owner or occupant of + the premises upon which the animal is kept, shall be provided with a + watertight and flytight receptacle for manure, of such size as to + hold all accumulation of manure. The receptacle shall be emptied + sufficiently often and in such manner as to prevent it from being or + becoming a nuisance, and shall be kept covered at all times except + when open during the deposit or removal of manure or refuse. No + manure shall be allowed to accumulate on such premises except in the + receptacle. +4. The animal control officer shall inspect any structure or place + where an animal is kept on his own initiative or upon complaint. He + may issue any such reasonable order as he may deem necessary to the + owner of such animal to cause the animal to be kept as required in + this chapter or in a manner so as not to constitute a nuisance. He + may make a complaint before the city court against any person for + violation of any provision of this chapter, or of any such + reasonable order. +5. The placement of any structure must comply with all of the + regulations set out within part 12, \"Planning, Zoning, and + Development,\" and the adopted Land Development Code. +6. The construction, materials, and building use must comply with all + of the adopted regulations set out in part 5, \"Building Regulations + and Codes,\" of the Code of Ordinances. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-107 Number Of Animals Restricted, +Kennels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-107_Number_Of_Animals_Restricted,_Kennels){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No more than four animals, more than six months of age, may be kept + on any lot, premises or in any structure, except in a kennel. Not + more than one litter of puppies born to one female dog or one litter + of kittens born to one female cat may be kept on any lot or premises + or kept in any structure except in a kennel. +2. It is unlawful for any person to have, run, maintain or operate any + kennel or any place for the sale, exchange, breeding or training of + pet animals within the city except in accordance with the zoning + ordinance. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-108 Noisy Animals; Complaint Procedure For Animals Which Disturb, +Are In Violation Of +Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-108_Noisy_Animals;_Complaint_Procedure_For_Animals_Which_Disturb,_Are_In_Violation_Of_Code){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall keep any animal which causes frequent or + long-continued noise so as to disturb the comfort or repose of any + reasonable person in the vicinity. Any violation of this section is + declared to be a nuisance and as such may be abated. +2. Any person with knowledge thereof may file a complaint in the + municipal court against the owner or keeper of an animal which + disturbs the comfort or repose of any reasonable person in the + vicinity or which is in violation of this chapter. If the court + finds that an animal is a nuisance or in violation of this chapter, + then the court may order the owner or keeper to prevent and abate + the nuisance, or order the animal impounded with the owner or keeper + to pay impoundment costs, or order punishment as provided in + paragraph C below. +3. 1\) Upon a first conviction for violation of this section, such + violation shall be punishable by a maximum fine of \$500.00 plus + court costs. 2) Upon a second conviction within a twelve month + period for conviction of a violation of this section, such violation + shall be punishable by a minimum fine of \$250.00 up to a maximum of + \$500.00 plus court costs. 3) Upon a third and all subsequent + convictions within a twelve month period for violation of this + section, such violation shall be punishable by a minimum fine of + \$400.00 up to a maximum of \$500.00 plus court costs. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +Amended by Ord. +[965(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785234_Ordinance%20965.21.pdf){.k-link +target="_blank" style="color:#0000EE"} on 3/1/2021\ +* +::: + +
+ +::: phx-name +[Sec 4-109 Keeping Of Wild Or Exotic +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-109_Keeping_Of_Wild_Or_Exotic_Animals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. For the purpose of this section, a wild or exotic animal means an + animal which is usually not a domestic animal and which can normally + be found in the wild state, with or without mean or vicious + propensities, including, but not limited to, lions, tigers, + leopards, panthers, bears, wolves, alligators, crocodiles, apes, + foxes, elephants, rhinoceroses, and all forms of poisonous or large + snakes, including those considered dangerous, such as boas and + pythons, lynxes, raccoons, skunks, monkeys and like animals. +2. It is unlawful to keep or harbor any wild or exotic animal in the + city limits as a pet or for display or for exhibition purposes, + whether gratuitously or for a fee, except as provided in this + section. +3. This section shall not apply to zoological parks or zoos, performing + animal exhibitions, circuses, educational or medical institutions in + accordance with any applicable regulations of the council. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-110 Pasturing In Public Areas +Illegal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-110_Pasturing_In_Public_Areas_Illegal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to pasture any animal on any public +property or private property without the consent of the person owning or +controlling the property. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-111 Riding On Streets; Racing +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-111_Riding_On_Streets;_Racing_Animals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall ride or lead any horse or other animal or drive any + wagon, carriage or other vehicle on the streets in the business + district or intensive residential district without a permit as may + be issued by the city manager. +2. It is unlawful for any person to race any animal or recklessly ride + an animal on or over any street or on any public grounds in the + city. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-112 Keeping Of +Bees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-112_Keeping_Of_Bees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall keep or permit the keeping of bees or for any person to +own, harbor or possess a beehive unless zoned A1 or A2. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-113 Use Of Metal +Traps](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-113_Use_Of_Metal_Traps){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The use of metal traps is hereby prohibited inside the city, unless + such traps are used in accordance with the provisions of this + section. +2. For purposes of this section, the term \"metal trap\" is defined as + a metal clamping device which is made of metal generally used for + the purpose of trapping animals, which device has metal jaws which + close upon the animal so as to trap the animal between the jaws of + the trap. +3. Metal traps as defined in this section may be used only by + individuals currently in possession of a nuisance wildlife control + operator permit through ODWC. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-114 Refusal To Deliver Animal To Animal Control +Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-114_Refusal_To_Deliver_Animal_To_Animal_Control_Officer){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall refuse to deliver up to the animal control officer an +animal when requested to do so under the provisions of this chapter. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-115 Feeding Of Wild +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-115_Feeding_Of_Wild_Animals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Purpose. The intent of this section is to protect the health, + safety, and welfare of the community and its wildlife by prohibiting + the feeding of wild animals and waterfowl on public and private + property within the corporate limits of the City of Moore. The + feeding of waterfowl and other wild animals increases the potential + for damage to public parks and private property. It also elevates + the potential for the spread of disease in people and companion + animals. In addition, it is the intent of this section to protect + the welfare of the waterfowl and wild animals themselves. Wildlife + studies have shown that feeding waterfowl and other wild animals can + interrupt their normal migration patterns, can make them more + aggressive in demanding food, cause nutritional problems, expose + them and our citizens to danger by eliminating the animals' natural + fear of predators, and promote the spread of diseases and + disease-carrying parasites.  +2. Definitions. As used in this section, the following terms shall have + the meanings indicated:[]{.cursor-fix} + 1. BIRD FEEDER. A container, receptacle or apparatus designed for + the feeding of songbirds or other backyard birds. + 2. FEED. To give, place, expose, deposit, distribute or scatter any + edible material which can be utilized for consumption by wild + animals. Feeding does not include legal baiting for the legal + taking of fish and/or game. + 3. PERSON. Any individual, corporation, company, partnership, firm, + association, or political subdivision of this state subject to + municipal jurisdiction. + 4. WATERFOWL. Wildfowl of the order Anseriformes, especially + members of the family Anatidae which includes any bird that + swims, frequents the water, or lives about rivers, lakes, or + other bodies of water, including but not limited to ducks, + geese, swan and gulls. + 5. WILD ANIMAL. Any animal, which is usually not a domestic animal + and which can normally be found in the wild state, with or + without mean or vicious propensities, including, but not limited + to, coyotes, deer, leopards, panthers or other feral cats, + bears, wolves, foxes, groundhogs, squirrels, chipmunks, mice, + rats, rabbits, opossums, raccoons, skunks, and waterfowl.  +3. Prohibitions: + 1. No person shall purposely or knowingly, feed or in any manner + provide access to food to any wild animal or waterfowl within + the corporate limits of the City, on lands either publicly or + privately owned. Feeding does not include baiting in the legal + taking of fish and/or game. + 2. Feeding of songbirds and other backyard birds, not including + waterfowl, shall be permitted outdoors at such times and in such + a manner that: + 1. The feeding does not create an unreasonable disturbance with + wildlife; + 2. Any feed must be placed within a bird feeder with a maximum + volume of not more than one cubic foot, placed at least four + feet above ground; + 3. Bird feeders are placed where wildlife other than songbirds + and backyard birds are unable to eat from them and do not + become an attractant for wild animals. +4. PENALTY: Any person violating any of the provisions of this section + shall, upon conviction thereof, be punished as provided in Section + 1-108.\ + +\ + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[1014.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1014.22.pdf){.k-link +target="_blank" style="color:#0000EE"} on 7/18/2022\ +* +::: + +
+ +::: phx-name +[ARTICLE 4-1B REGISTRATION AND VACCINATION OF +ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1B_REGISTRATION_AND_VACCINATION_OF_ANIMALS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 4-121 Rabies Vaccination Required; Certificate Of Vaccination; +Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-121_Rabies_Vaccination_Required;_Certificate_Of_Vaccination;_Tags){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-122 Registration Of Animal +Pets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-122_Registration_Of_Animal_Pets){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-123 +Register](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-123_Register){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-124 Tag Placed On Collar; Lost Tags; Counterfeit +Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-124_Tag_Placed_On_Collar;_Lost_Tags;_Counterfeit_Tags){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 4-121 Rabies Vaccination Required; Certificate Of Vaccination; +Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-121_Rabies_Vaccination_Required;_Certificate_Of_Vaccination;_Tags){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall own, keep or harbor any dog or cat within the city + limits unless such dog or cat four months of age or older is + vaccinated for rabies. +2. Unless the owner of any dog or cat furnishes written proof that the + dog or cat has been vaccinated for rabies by a licensed veterinarian + in the past 12 months, the owner shall be guilty of an offense. +3. Inoculation must be by or under the supervision of a person licensed + to practice veterinary medicine in the state or other states. +4. Inoculation must be with a vaccine approved by the United States + Department of Agriculture to prevent rabies. Rabies vaccine + currently licensed by the United States Department of Agriculture + will be recognized in the city for a one year immunization period. + New vaccines which may be approved by the United States Department + of Agriculture will be recognized as complying with this chapter. +5. Ten days shall be permitted for an owner to secure revaccination of + his dog or cat after the previous time has lapsed. +6. Every veterinarian, after vaccinating a dog or cat for rabies, shall + issue a legible certificate, one copy to be retained by the + veterinarian and one copy to be retained by the animal owner, who, + upon request, shall show the certificate to the city. Such + certification shall include the following information: + 1. Owner\'s full name, address, zip code and telephone number; + 2. Breed, date of birth, sex and color or marking of the dog or + cat; + 3. Type of vaccine and duration of immunity; + 4. Signature of the veterinarian or other authorized person + administering the vaccination; and + 5. Name of the animal, if applicable. +7. When a veterinarian vaccinates a dog or cat against rabies, he shall + issue to the owner of such dog or cat a metal tag or certificate + evidencing such vaccination and the year of vaccination. +8. It shall be the duty of the owner of the dog or cat to attach the + tag or certificate issued to him pursuant to subsection (G) of this + section to the dog or cat and it shall be unlawful for any person to + remove such tag or certificate without the owner\'s consent. +9. No person shall provide a facsimile or deface or change the tag or + vaccination certificate issued in any way which shall make or cause + the tag to appear valid for a longer period of time than originally + intended. +10. A tag or rabies vaccination certificate shall not be transferred + from the dog or cat for which it was issued to any other dog or cat. + +**State Law reference**--- City\'s power to regulate dogs, 11 O.S. § +22-115. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-122 Registration Of Animal +Pets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-122_Registration_Of_Animal_Pets){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person owning or harboring within the city any dog, cat, or ferret +over the age of four months shall pay an annual tax in such sums as set +by the council by motion or resolution for each male or spayed female, +and for each unspayed female, owned or harbored. The license shall +become due and payable annually with documentation of current rabies +vaccination. The animal control shelter or his designee shall issue his +receipt to the payee, which shall show the date and the amount of the +payment, the age as stated by the owner, and the kind, size, color and +breed of the dog or cat. The pet tax receipt as herein provided shall +operate as a license to own, keep or harbor the dog or cat. No such +license shall be issued until the provisions of this chapter relating to +vaccination shall have been complied with and certified to the clerk. +This section shall not apply to animals kept by licensed veterinarians +or in veterinary clinics in the city. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-123 +Register](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-123_Register){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is the duty of the animal control officer of the city to keep a +register of all pet animal licenses in the city pursuant to the +provisions of this article. Such register shall show the date of the +issuance of the license, its date of expiration, the name of the owner +or the person in whose name the license is issued and shall designate +the sex of the pet animal and as nearly as possible the kind, age, size, +color and breed of the animal pet. The register shall also show the date +of the vaccination and by whom vaccinated. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-124 Tag Placed On Collar; Lost Tags; Counterfeit +Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-124_Tag_Placed_On_Collar;_Lost_Tags;_Counterfeit_Tags){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The owner of a dog shall cause the tag received from the city to be + affixed to the collar of the dog upon which the tax has been paid so + that the tag can easily be seen by officers of the city. The owner + shall see that the tag is so worn by the dog at all times. The owner + of a cat shall not be required to place the tag on a cat. +2. If the tag is lost before the end of the year for which it was + issued, the owner may secure another for the animal by applying to + the animal shelter, presenting to him the original receipt and + paying a fee as set by the council. +3. No person shall counterfeit or attempt to counterfeit any tag issued + for a dog or cat as provided herein, or take from any dog a tag + legally placed upon it, or place such tag upon a dog for which the + tag was not specifically issued. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[ARTICLE 4-1C IMPOUNDMENT +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1C_IMPOUNDMENT_REGULATIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 4-131 Impoundment Record, Disposition Of +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-131_Impoundment_Record,_Disposition_Of_Animals){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-132 Breaking Open Shelter; Or Interfering With +Officers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-132_Breaking_Open_Shelter;_Or_Interfering_With_Officers){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-133 Animal Shelter +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-133_Animal_Shelter_Fees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-134 Redemption Of +Animal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-134_Redemption_Of_Animal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-135 Disposition Of Impounded +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-135_Disposition_Of_Impounded_Animals){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 4-131 Impoundment Record, Disposition Of +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-131_Impoundment_Record,_Disposition_Of_Animals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city may contract with an outside agency to serve as the city\'s + animal shelter or pound to provide for the impoundment of animals + pursuant to this chapter. +2. Any animal kept as a house pet found running at large shall be + picked up and immediately impounded in the animal shelter and there + confined in a humane manner. +3. The city animal control officer, upon receiving an animal for + impoundment which has been registered in accordance with this + chapter, shall record or cause to be recorded the description, + breed, color and sex of the animal and the name and address of the + owner as may be shown on applicable city animal control records. If + the owner is known, the officer shall: + 1. Notify the owner at the address shown on city records; or + 2. Leave a notice with a member of the owner\'s family, or other + person residing at the owner\'s home, as shown in the city\'s + records, over the age of 15 years, to notify the owner that + unless reclaimed within five days after impoundment, Sundays and + city holidays excluded, the animal will be destroyed or + otherwise disposed of. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-132 Breaking Open Shelter; Or Interfering With +Officers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-132_Breaking_Open_Shelter;_Or_Interfering_With_Officers){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. If any person breaks open, or in any manner directly or indirectly + aids in, or counsels or advises the breaking open of any city + shelter or contract shelter, or hinders, delays or obstructs any + person duly authorized in taking up or taking to the city shelter + any animal liable to be impounded, he shall be guilty of an offense. +2. No person shall interfere with, or hinder, or molest any agent of + the city in the performance of any duty of such agent, or seek to + release any animal in the custody of the city or its agents, except + as provided by law. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-133 Animal Shelter +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-133_Animal_Shelter_Fees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Fees for impounding and keeping an animal, to be paid upon + redemption, are as set by the city council by motion or resolution. + In computing a fee, a fraction of a day during which an animal or + fowl has been fed shall be deemed a full day. +2. Any person redeeming an impounded animal or fowl shall pay the fees + to the person in charge of the animal shelter before the latter + releases the animal or fowl. +3. Any person redeeming a dog or any other animal or fowl not licensed + as required by this Code shall pay the required license tax to the + animal shelter and secure a tag or other evidence of such payment + and present the tag or receipt therefor to the person in charge of + the animal shelter before the latter releases the animal or fowl. If + the animal or fowl has been licensed but is not wearing the tag, the + person in charge of the animal shelter shall require adequate + evidence of the proper licensing of the animal or fowl before + releasing it. +4. Any dog not vaccinated against rabies being held or impounded by the + city shall not be released to the owner or any other person without + proof of current vaccination against rabies or without paying a + deposit in such sum as is set by the city, which deposit shall be + refunded to the person putting up the same upon proof of current + vaccination being shown to the animal control officer within 72 + hours of the release of the animal. If such proof is not presented, + then the animal control officer may retake the animal into custody + and deposit the deposit with the city treasurer to be retained as + expenses of taking the animal into custody. +5. In addition to the above fees, any person leaving an animal with the + shelter shall pay a fee as set by the council. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-134 Redemption Of +Animal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-134_Redemption_Of_Animal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +An owner of an impounded animal or his agent may redeem the animal prior +to its sale or destruction as provided for herein by paying the required +fees against the animal and meeting any other requirements which may be +prescribed in this chapter. If the owner or his agent has not redeemed +the animal within the first five days after the impoundment of the +animal, excluding Sundays and holidays, the animal may be otherwise +disposed of as provided for herein. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-135 Disposition Of Impounded +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-135_Disposition_Of_Impounded_Animals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Dogs and cats may be released from the animal shelter for adoption + if the owner of the animal has not claimed the animal within the + time specified in this chapter and paid all fees required to secure + its release. If the animal has not been surgically spayed or + neutered, the adopting person shall pay a fee, as established by the + fee schedule, for the spaying or neutering of the animal prior to + adoption. The city may enter into agreements with private releasing + agencies for the purpose of arranging animal adoptions. If the + animal to be released is placed with a private releasing agency + prior to final adoption, and the releasing agency requires + sterilization prior to final adoption, the private releasing agency + shall not be required to make a sterilization deposit. +2. Any animal for which the owner is known and notice has been provided + in this chapter, or for which the owner is unknown or cannot be + ascertained by the animal control officer, shall be destroyed after + the lapse of five days if not adopted as provided in this section. +3. The proceeds of any animal adopted shall be deposited with the city + treasurer. The individual adopting an animal through the procedure + provided for in this section shall acquire absolute title to the + animal adopted. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[ARTICLE 4-1D CRUELTY TO +ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1D_CRUELTY_TO_ANIMALS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 4-141 Cruelty To +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-141_Cruelty_To_Animals){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-142 Poisoning +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-142_Poisoning_Animals){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-143 Encouraging Animals To +Fight](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-143_Encouraging_Animals_To_Fight){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-144 Keeping Of Animals; Mistreatment, +Abandonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-144_Keeping_Of_Animals;_Mistreatment,_Abandonment){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 4-141 Cruelty To +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-141_Cruelty_To_Animals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person, willfully and maliciously, to pour on, or +apply to, any animal any drug or other thing which will inflict pain on +the animal; or to knowingly treat an animal in a cruel or inhumane +manner; or to knowingly neglect an animal belonging to him or in his +custody in a cruel or inhumane manner. + +**State Law reference**--- Similar provisions, 21 O.S. § 1685. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-142 Poisoning +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-142_Poisoning_Animals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall feed or place so as to constitute a direct or obvious +hazard to man or animal or shall offer or tempt any dog or pet animal +with any liquid, meat or food product which shall: + +1. Cause prostration, convulsion, pain or suffering as a prelude to + death; +2. Cause death; +3. Be proven to be toxic or lethal in the amount present to any man or + domestic animal by competent medical or veterinary authority. + +**State Law reference**--- Similar provisions, 21 O.S. § 1681. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-143 Encouraging Animals To +Fight](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-143_Encouraging_Animals_To_Fight){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to instigate or encourage a fight between +animals or to encourage one animal to attack, pursue or annoy another +animal except a noxious, nondomesticated animal, or to keep a house, pit +or other place used for fights between animals. + +**State Law reference**--- Similar provisions, 21 O.S. § 1696. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-144 Keeping Of Animals; Mistreatment, +Abandonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-144_Keeping_Of_Animals;_Mistreatment,_Abandonment){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All dogs, cats and other animals kept as house pets within the city + limits shall be housed, fed and protected from the weather in such a + manner as not to create a nuisance. +2. No person shall willfully or maliciously: + 1. Torture, cruelly beat, injure, maim, mutilate or unjustly + destroy or kill any animal belonging to himself or to another; + 2. Deprive any animal of food, drink or shelter or leave it + confined without adequate shelter for more than 15 minutes at a + time exposed to inclement weather. Inclement weather shall be + defined as less than 32 degrees Fahrenheit or greater than 90 + degrees Fahrenheit; + 3. Unjustly administer any poison or noxious drug or substance to + any animal; + 4. Unjustly expose any drug or substance with the intent that the + same shall be taken by an animal, whether such animal is the + property of that owner or another person; + 5. Cause any other person to do any of the above acts; or + 6. Abandon an animal on any private or public property in the city, + including at the animal control shelter when no employees are + present to receive the animal. +3. If an animal is found by the animal control officer to be in one of + the above-described conditions, the officer may issue a citation to + the offender and shall issue a notice to the offender warning him + that if the animal\'s condition is not improved, another citation + may be issued. +4. If within three days the condition of the animal is not improved to + the satisfaction of the animal control officer, a citation shall be + issued. +5. No dogs, cats or other animals shall be confined within or on a + motor vehicle under such conditions as may endanger the health or + well-being of the animal, including, but not limited to, dangerous + temperatures, or lack of food or water. +6. Owners and keepers of dogs, cats and other animals shall provide + food, shelter and medical attention to such animals, including, but + not limited to, the following: + 1. Sufficient wholesome food that is nutritious for the species; + 2. Fresh, potable drinking water; + 3. Medical attention to relieve such animals from suffering; + 4. Shelter to allow the animal to remain dry and protected from the + elements. Such shelter shall be fully enclosed on three sides, + roofed and have a solid floor. The entrance to the shelter shall + be flexible to allow the animal\'s entry and exit, and sturdy + enough to block entry of wind or rain. The shelter shall be + small enough to retain the animal\'s body heat and large enough + to allow the animal to stand and turn comfortably. The enclosure + shall be structurally sound and in good repair. Bedding shall be + provided; and + 5. Any animal kept on a chain or rope shall be placed so that it + cannot become entangled with the restraints of other animals or + with any other objects. The chain or rope shall be of sufficient + length to allow the animal complete access to shelter at all + times. The chain shall be attached in a manner so as not to + cause injury or discomfort to the animal. In the case of dogs, + the chain or rope shall be at least three times the length of + the dog as measured from the tip of the nose to the base of the + tail. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[ARTICLE 4-1E RABIES AND ANIMAL +BITES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1E_RABIES_AND_ANIMAL_BITES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 4-161 Animal Bites; Rabies Examination; +Quarantine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-161_Animal_Bites;_Rabies_Examination;_Quarantine){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-162 Rabies Diagnoses; Quarantine Of City; Time +Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-162_Rabies_Diagnoses;_Quarantine_Of_City;_Time_Limit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-163 Killing Or Removing Rabid Animal +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-163_Killing_Or_Removing_Rabid_Animal_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-164 Reports Of Bite Cases; Report By +Veterinarian](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-164_Reports_Of_Bite_Cases;_Report_By_Veterinarian){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-165 Investigations For Violation Of +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-165_Investigations_For_Violation_Of_Chapter){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-166 +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-166_Records){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 4-161 Animal Bites; Rabies Examination; +Quarantine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-161_Animal_Bites;_Rabies_Examination;_Quarantine){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every animal that bites or scratches a person shall be reported + within immediately to the animal control officer and shall thereupon + be securely quarantined at a veterinarian hospital for a period of + ten days from the date the person was bitten, and shall not be + released from such quarantine except by permission of the animal + control officer of the city and the veterinarian in charge of the + quarantined animal. Such quarantine may be at any veterinarian + hospital chosen by the owner. Failure of the owner or keeper to + quarantine his animal within the four-hour period herein will make + him guilty of an offense. +2. The owner, upon demand by any city officer or animal control + officer, shall surrender any animal that has bitten or scratched a + human, or which is suspected as having been exposed to rabies, for + supervised quarantine testing or euthanasia, the expense for which + shall be borne by the owner; and the animal may be reclaimed by the + owner if adjudged free of rabies. +3. In addition to powers granted by this section and section 4-165, the + animal control officer may impound in the animal shelter or a + veterinary hospital at the owner\'s expense any animal, whether on + public or private property, which has bitten or scratched pursuant + to this chapter. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-162 Rabies Diagnoses; Quarantine Of City; Time +Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-162_Rabies_Diagnoses;_Quarantine_Of_City;_Time_Limit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. When an animal under quarantine has been diagnosed as being rabid, + or suspected by a licensed veterinarian as being rabid, and dies + while under such observation, the animal control officer or + veterinarian shall immediately send the head of such animal to the + state health department for pathological examination, and shall + notify the proper public health officer of reports of human contacts + and diagnosis made of the suspected animal. +2. When a report shows a positive diagnosis of rabies, the city manager + or the city manager\'s designee, under advisement from the state + health department and animal control authority of the city, may + recommend a citywide quarantine for a period of six months; and upon + the invoking of such quarantine, no animal shall be taken into the + streets or permitted to be in the streets during such period of + quarantine. During such quarantine, no animal shall be taken or + shipped from the city without written permission of the city manager + or the city manager\'s designee. +3. During such period of rabies quarantine as herein designated, every + animal bitten by an animal adjudged to be rabid shall be treated for + such rabies infection by a licensed veterinarian, and be held under + six months quarantine by the owner in the same manner as other + animals are quarantined. +4. In the event there are additional positive cases of rabies occurring + during the period of quarantine, such period of quarantine may be + extended for an additional six months. +5. The regulations of the state department of health, and all + amendments thereto, relating to quarantine and rabies are adopted + herein by reference. + +**State Law reference**--- State quarantine of animals, 63 O.S. § 1-508. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-163 Killing Or Removing Rabid Animal +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-163_Killing_Or_Removing_Rabid_Animal_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall kill or cause to be killed any rabid animal, any + animal suspected of having been exposed to rabies, or any animal + biting or scratching a human, except as herein provided, nor to + remove the animal from the city limits without written permission + from the health officer of the city, or the animal control officer. +2. The carcass of any dead animal exposed to rabies shall, upon demand, + be surrendered to the animal control officer. +3. The animal control officer shall direct the disposition of any + animal found to be infected with rabies. +4. No person shall fail or refuse to surrender any animal for + quarantine or destruction as required herein when demand is made + therefor by an employee empowered to enforce this chapter. Such + refusal shall be deemed an offense. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-164 Reports Of Bite Cases; Report By +Veterinarian](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-164_Reports_Of_Bite_Cases;_Report_By_Veterinarian){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is the duty of every physician, veterinarian or other + practitioner to report to the animal control officer the names and + addresses of persons treated for bites inflicted by animals, + together with such other information as will be helpful in rabies + control. +2. It is the duty of every licensed veterinarian to report to the + animal control officer his diagnosis of any animal observed by him + to be a rabid suspect. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-165 Investigations For Violation Of +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-165_Investigations_For_Violation_Of_Chapter){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. For the purpose of discharging the duties imposed by this chapter + and to enforce its provisions, the animal control or health officers + are empowered to call upon the residents of any premises upon which + a dog or cat or small animal is kept or harbored, and to demand the + exhibition by the owner of such dog or cat or small animal. +2. The animal control officer, in the manner authorized by law, may + enter the premises where any animal is kept in a reportedly cruel or + inhumane manner and demand to examine such animal, and to take + possession of such animal when, in his opinion, it requires humane + treatment. The officer may demand, at the front door of any + residence, exhibition by the owner of current animal licenses at any + time. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-166 +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-166_Records){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The animal control officer shall keep or cause to be kept: + +1. An accurate and detailed record of the licensing, impounding and + disposition of all animals coming into his custody; and +2. An accurate and detailed record of all bite cases reported to the + city, with a complete report of the investigation of each case. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[ARTICLE 4-1F VICIOUS +ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1F_VICIOUS_ANIMALS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 4-171 Court Proceedings Against Vicious +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-171_Court_Proceedings_Against_Vicious_Animals){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-172 Duty To Register Incoming Vicious +Canines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-172_Duty_To_Register_Incoming_Vicious_Canines){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-173 Owner\'s +Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-173_Owner's_Responsibility){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-174 Actions On Failure To +Comply](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-174_Actions_On_Failure_To_Comply){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-175 Exemptions For Canines That Are +Provoked](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-175_Exemptions_For_Canines_That_Are_Provoked){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-176 Affidavit Of +Complaint](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-176_Affidavit_Of_Complaint){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 4-177 Determination +Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-177_Determination_Hearing){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 4-171 Court Proceedings Against Vicious +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-171_Court_Proceedings_Against_Vicious_Animals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The owner or keeper of any animal alleged to be vicious or in violation +of this chapter may be charged in municipal court after a complaint has +been duly filed therein by any person having knowledge thereof. If the +court finds that the animal is a vicious animal as defined this article, +the court shall order that the animal be confiscated and destroyed or +confiscated until the owner or keeper complies with the provisions of +this article within 30 working days of the judgement. The judge may +additionally order that the owner or keeper comply with other preventive +measures. A preventive measure shall not include the animal being +removed from the city limits. The animal will be held at the animal +shelter until such time as the owner or keeper reaches compliance. +Should the owner or keeper fail to comply by the designated date, the +owner or keeper, after paying a fee as established in the fee schedule, +shall relinquish ownership or custody of the animal to the animal +shelter and said animal will be destroyed. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-172 Duty To Register Incoming Vicious +Canines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-172_Duty_To_Register_Incoming_Vicious_Canines){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If any canine that has previously been deemed vicious from another +jurisdiction enters the City of Moore, the owner of such canine shall +abide by the same criteria and responsibilities as if the canine was +deemed vicious by the City of Moore and shall within ten days of +entering the city, notify animal control of the canines presence. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-173 Owner\'s +Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-173_Owner's_Responsibility){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +While on the owner\'s property, the canine must be securely confined +indoors or, while outside, in a securely enclosed and locked pen or +structure suitable to prevent entry and designed to prevent the animal +from escaping. Such an enclosure must have minimum dimensions of five +feet by ten feet and must be at least six feet high. Such enclosure must +have secure sides and a secure top. If it has no bottom secured to the +sides, the sides must be embedded into the ground no less than two feet. +The enclosure must also provide protection from the elements for the +canine. Structures are subject to annual inspection. + +The canine shall not be kept on a porch, patio or in any part of a house +or structure that would allow the dog to exit such building on its own +volition. In addition, the canine shall not be kept in a house or +structure when the windows are open or when screen windows or screen +doors are the only obstacle preventing the dog from exiting the +structure. + +The canine may be off the owner\'s premises if it is muzzled and +restrained by a substantial chain or leash not exceeding six feet in +length and under the control of a responsible person. + +The owner of the canine shall within 30 days of determination; display +in a prominent place on his premises a sign easily readable by the +public using the words \"Beware of Dog.\" In addition, a similar sign is +required to be posted on the pen or structure of the canine. + +The owner of the canine determined to be a vicious canine shall within +30 days of determination register the canine with the animal control +officer. Registration shall be updated annually. Registration must be +accompanied by the following: + +1. Two color photographs of the canine clearly showing the color and + approximate size of the canine; +2. The fees required for a dog license as set forth in this chapter, or + evidence of the fees having been paid; and +3. An additional fee as set by the council for each vicious canine. + +The owner of any canine determined to be vicious shall notify the animal +control officer immediately within 24 hours if a dangerous animal or +canine subject to registration as provided in this order is loose, +unconfined, has attacked another animal or livestock or has attacked a +human being, or has died. + +Any canine declared vicious shall be spayed or neutered with 30 days of +such findings unless a duly licensed veterinarian provide documents to +the municipal court or animal control that medical conditions of the dog +contradict sterilization. Such sterilization shall require removal of +the reproductive organs. Verification that sterilization has taken place +shall be presented to the municipal court or animal control by the +licensed practicing veterinarian performing the procedure. + +Any canine declared vicious shall receive an identification microchip +implant within 30 days of the determination. The microchip used must be +implanted by licensed veterinarian. It shall be a violation of the code +for a microchip to be removed unless it is for a medical reason and then +only by a licensed practicing veterinarian. The animal control must be +notified immediately of said removal. + +The owner of any canine determined to be vicious shall obtain a policy +of liability insurance, such as homeowner\'s insurance, or surety bond, +issued by an insurer qualified under Title 36 of the Oklahoma Statutes +in an amount not less than \$100,000.00 insuring the owner for any +personal injuries inflicted by the vicious canine. The owner shall +provide proof of liability insurance to the Animal Control Department of +the City of Moore and shall provide updated coverage annually for as +long as the canine is within the city limits. Failure to provide and +maintain said insurance shall result in impoundment of the canine and +possible euthanasia. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[821(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601747214_Ordinance%20No.%20821%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/16/2016\ +Amended by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-174 Actions On Failure To +Comply](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-174_Actions_On_Failure_To_Comply){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any owner of a canine that fails to comply with the responsibilities set +forth in section 4-173 above shall, upon conviction in court, be +punished as provided in section 1-108. In addition to the fine imposed, +the court may sentence the defendant to imprisonment for a period not to +exceed ten days and canine may be impounded and destroyed. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-175 Exemptions For Canines That Are +Provoked](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-175_Exemptions_For_Canines_That_Are_Provoked){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No canine may be declared vicious if the threat, injury or damage was +initiated by a person who, at the time, was committing a willful +trespass or other tort upon the premises occupied by the owner or keeper +of the canine, or was teasing, tormenting, abusing or assaulting the +canine, or has, in the past, been observed or reported to have teased, +tormented, abused or assaulted the canine or was committing or +attempting to commit a crime. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-176 Affidavit Of +Complaint](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-176_Affidavit_Of_Complaint){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Upon receipt of an \"Affidavit of Complaint\" signed by one or more +residents of the city made under oath before an individual authorized by +law to take sworn statements, setting forth the nature and the date of +the act, the owner of the canine, the address of the owner and the +description of the canine doing such act, the animal control officer +shall investigate the complaint to determine if in fact the animal is +vicious. If after investigation, the animal control officer determines +the animal may be vicious, a citation shall be issued for a +determination hearing and the animal control officer shall take +possession of the alleged vicious animal for immediate impound. The +owner or keeper of the alleged vicious animal may make arrangements to +house the animal at a licensed veterinarian facility at the +owner/keepers expense. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[Sec 4-177 Determination +Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-177_Determination_Hearing){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A determination hearing shall be conducted by the municipal judge + whenever there is cause to believe that a dog may be a vicious + canine. The hearing shall be conducted within ten days of serving + notice to the owner either by delivering a copy of the notice or + summons personally to the owner of the canine or by leaving copies + thereof at the owners dwelling house or usual place of abode with + some person then residing therein who is 15 years of age or older or + by certified mail and may be held in conjunction with any criminal + proceedings if so ordered by the municipal judge. In no event shall + there be a delay of more than ten days in conducting the hearing on + determination of viciousness. +2. Pending the outcome of the hearing, the canine must be securely + confined in a humane manner at the animal control shelter or with a + licensed veterinarian. +3. The municipal judge shall determine whether to declare the canine to + be a vicious canine based upon evidence and testimony presented at + the time of the hearing by the owner, witnesses to any incident + which may be considered germane to such a determination, animal + control personnel, police or any other person possessing information + pertinent to such determination. +4. The judge shall issue written findings within five days after the + determination hearing. The owner has the right to appeal the + decision to the district court. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: phx-name +[ARTICLE 4-1G +PENALTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1G_PENALTY){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 4-181 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-181_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 4-181 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-181_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In addition to other remedies provided in this chapter, any person +violating any of the provisions of this chapter shall, upon conviction +thereof, be punished as provided in section 1-108. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2020\ +* +::: + +
+ +::: {.phx-name .phx-break} +[PART 5 BUILDING REGULATIONS AND +CODES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_5_BUILDING_REGULATIONS_AND_CODES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 5-1 LICENSES AND FEES, PERMITS, BOND AND +INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-1_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 5-2 BUILDING CODE AND +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-2_BUILDING_CODE_AND_REGULATIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 5-3 PLUMBING CODE AND +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-3_PLUMBING_CODE_AND_REGULATIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 5-4 ELECTRIC +CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-4_ELECTRIC_CODE){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 5-5 MECHANICAL +CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-5_MECHANICAL_CODE){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 5-6 GAS CODE AND +PIPELINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-6_GAS_CODE_AND_PIPELINES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 5-7 FAIR +HOUSING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-7_FAIR_HOUSING){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 5-8 OUTDOOR LIGHT +FIXTURES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-8_OUTDOOR_LIGHT_FIXTURES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 5-9 FUEL GAS +CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-9_FUEL_GAS_CODE){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 5-10 ROOFING +CONTRACTORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-10_ROOFING_CONTRACTORS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 5-11 STORM +SHELTERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-11_STORM_SHELTERS){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- General authority to regulate buildings, 11 +O.S. § 21-101.\ + +
+ +::: phx-name +[CHAPTER 5-1 LICENSES AND FEES, PERMITS, BOND AND +INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-1_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 5-1A LICENSES AND FEES, PERMITS, BOND AND +INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1A_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 5-1B PERMITS AND +INSPECTIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1B_PERMITS_AND_INSPECTIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 5-1C OTHER +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1C_OTHER_REGULATIONS){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 5-1A LICENSES AND FEES, PERMITS, BOND AND +INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1A_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-101 License Required For Contractors And +Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-101_License_Required_For_Contractors_And_Journeymen){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-102 Fees +Specified](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-102_Fees_Specified){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-103 Term Of Initial +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-103_Term_Of_Initial_License){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-104 Licensee Prohibited From Engaging In Activities Beyond Scope +Of License And +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-104_Licensee_Prohibited_From_Engaging_In_Activities_Beyond_Scope_Of_License_And_Restrictions){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-101 License Required For Contractors And +Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-101_License_Required_For_Contractors_And_Journeymen){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All contractors, journeymen and apprentices whose activities are +regulated by any of the city\'s building, electrical, plumbing and +mechanical codes in this part are hereby required to obtain a license or +registration certificate from the city before engaging in regulated +activities. + +(Code 1999, § 5-101) + +
+ +::: phx-name +[Sec 5-102 Fees +Specified](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-102_Fees_Specified){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The fees for the registration certificates required shall be as set +forth in the fee schedule and may be amended from time to time by motion +or resolution of the council. + +(Code 1999, § 5-102) + +
+ +::: phx-name +[Sec 5-103 Term Of Initial +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-103_Term_Of_Initial_License){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The initial license or registration issued as provided for herein shall +be for a term of one year. + +(Code 1999, § 5-103) + +
+ +::: phx-name +[Sec 5-104 Licensee Prohibited From Engaging In Activities Beyond Scope +Of License And +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-104_Licensee_Prohibited_From_Engaging_In_Activities_Beyond_Scope_Of_License_And_Restrictions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No licensee shall engage in regulated activities beyond the scope of the +license or registration together with any restrictions placed thereon +issued to the licensee. + +(Code 1999, § 5-104) + +
+ +::: phx-name +[ARTICLE 5-1B PERMITS AND +INSPECTIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1B_PERMITS_AND_INSPECTIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-111 Building +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-111_Building_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-112 Expiration Of +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-112_Expiration_Of_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-113 Plumbing, Electrical, Mechanical And Other +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-113_Plumbing,_Electrical,_Mechanical_And_Other_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-114 Applicability Of Permit Requirements To Federal And State +Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-114_Applicability_Of_Permit_Requirements_To_Federal_And_State_Agencies){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-115 Schedule Of Permit And Inspection +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-115_Schedule_Of_Permit_And_Inspection_Fees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-116 Prepayment For Fees +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-116_Prepayment_For_Fees_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-117 Plans, +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-117_Plans,_Application){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-118 Display Of +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-118_Display_Of_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-119 +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-119_Revocation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-120 Exceptions From Permit +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-120_Exceptions_From_Permit_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-111 Building +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-111_Building_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whenever any building, structure, facility, or other appurtenances, is +to be erected, constructed, altered, enlarged, improved, moved or +removed, as provided in the city\'s building code, a building permit +shall be obtained from the city. + +(Prior Code, § 5-66; Code 1999, § 5-121) + +
+ +::: phx-name +[Sec 5-112 Expiration Of +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-112_Expiration_Of_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If the work described in any permit has not begun within 180 days from +the date of issuance thereof, the permit shall be cancelled by the +building official; and written notice thereof shall be given to the +persons affected. A new permit must be obtained and the regular fee +shall be collected. + +(Prior Code, § 5-66, in part; Code 1999, § 5-122) + +
+ +::: phx-name +[Sec 5-113 Plumbing, Electrical, Mechanical And Other +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-113_Plumbing,_Electrical,_Mechanical_And_Other_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Permits for plumbing, electrical or mechanical work, or other permits as +required and as defined by this Code, shall be obtained in accordance +with the terms of the respective city plumbing, electrical and +mechanical codes. + +(Prior Code, § 5-66, in part; Code 1999, § 5-123) + +
+ +::: phx-name +[Sec 5-114 Applicability Of Permit Requirements To Federal And State +Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-114_Applicability_Of_Permit_Requirements_To_Federal_And_State_Agencies){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The permit requirements of the codes adopted by this part shall be +applicable to agencies of the federal government, the state and +subdivisions of the state. All fees prescribed for such permits shall be +waived in such cases. + +(Code 1999, § 5-124) + +
+ +::: phx-name +[Sec 5-115 Schedule Of Permit And Inspection +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-115_Schedule_Of_Permit_And_Inspection_Fees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Before any permit shall be issued or any inspection shall be made, as +required by the city building or technical codes, the recipient of the +permit shall pay a fee in accordance with the schedules adopted by the +city council by motion or resolution. A copy of the schedules shall be +on file in the office of the city clerk. All references to inspection +fees in the technical codes adopted by the city are deleted when +replaced by a fee in the fee schedule. + +(Prior Code, § 5-68, in part; Code 1999, § 5-125) + +
+ +::: phx-name +[Sec 5-116 Prepayment For Fees +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-116_Prepayment_For_Fees_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All plumbers, electricians, and mechanical contractors shall prepay all +inspection fees prior to the time the work begins or shall deposit with +the city treasurer a sum which shall be retained by the city treasurer, +interest free, to be used to pay for inspection fees charged to such +licensee for inspections made at the request of such licensee. A minimum +opening balance for deposits shall be as established by resolution. No +permit shall be issued or no inspection made if the contractor\'s +prepaid account does not have a sufficient balance to cover the cost of +the requested inspection. + +(Prior Code, §§ 5-1, 5-2; Code 1999, § 5-126; Ord. No. 99(94), +11-7-1994) + +
+ +::: phx-name +[Sec 5-117 Plans, +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-117_Plans,_Application){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The applicant for permits shall file with the building department + two complete sets of plans and specifications at the time of + application for such permit or as otherwise required by the city. + Three complete sets are required for a restaurant. +2. All approved plans shall be stamped with an approval stamp. One set + of plans for buildings so approved shall become a part of the file + of the city and an approved set of plans shall be kept upon the site + of the construction of the building. No plans shall be approved that + are not in compliance with the ordinances of the city. +3. All plans and drawings submitted shall be to scale and provide the + information on the form required by the city. +4. It is unlawful to erase, alter or modify any plans bearing the + approval of the city without the consent of the city. +5. Amendments to applications, plans and detail drawings may be made + and the city may approve them provided the applications, plans and + detail drawings, when so amended, shall be in conformity with the + provisions of the official building codes, and the requirements of + the city in relation thereto. +6. Approval of plans shall not relieve the owner or his agent of + responsibility in complying with this article and the fact that any + such approved plans contain matter contrary to the provisions of + this Code shall not be held as a bar to its strict enforcement. + +(Prior Code, §§ 5-55---5-57; Code 1999, § 5-127) + +
+ +::: phx-name +[Sec 5-118 Display Of +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-118_Display_Of_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Permits issued shall be numbered and a corresponding number shall be + given to an identification card which shall be posted in a + conspicuous place on the face of the structure to be constructed, + altered, enlarged, repaired or removed, at all times during the + course of work. The building official is hereby authorized to direct + the cessation of all work on property upon which such a numbered + identification card evidencing the issuance of a permit is not + posted. +2. Failure to cease work in compliance with the directions of the + building official is hereby declared to be and constitute an offense + punishable as provided in section 1-108 for each day construction is + continued in violation of such direction. + +(Prior Code, § 5-68; Code 1999, § 5-128) + +
+ +::: phx-name +[Sec 5-119 +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-119_Revocation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If the work in or about any building or structure shall be conducted in +violation of the provisions of this Code or the official building code, +the permit issued shall be revoked. It is unlawful to continue the work +until such violations shall have been corrected to the satisfaction of +the city. + +(Prior Code, § 5-69; Code 1999, § 5-129) + +
+ +::: phx-name +[Sec 5-120 Exceptions From Permit +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-120_Exceptions_From_Permit_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Ordinary repairs of buildings or structures, or the plumbing drainage, +or piping thereof, the cost of which shall not exceed \$500.00, may be +made without notice to the city, but such repairs shall not be construed +to include the removal of any stone, concrete or brick wall, or any +portion thereof; the removal or cutting of any beams or supports, or the +removal, change or closing of any stairway, or opening in the exterior +wall; the alteration or removal of any house sewer, or drainage system, +or soil waste or vent pipe or water or gas service line; or repairs or +alterations of light or power wiring. + +(Prior Code, § 5-55, in part; Code 1999, § 5-130) + +
+ +::: phx-name +[ARTICLE 5-1C OTHER +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1C_OTHER_REGULATIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-131 Right To Enforce And Stop +Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-131_Right_To_Enforce_And_Stop_Construction){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-132 Cases Of +Urgency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-132_Cases_Of_Urgency){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-133 Power To Make +Rulings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-133_Power_To_Make_Rulings){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-134 Power To Call Upon Police Or Fire +Department](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-134_Power_To_Call_Upon_Police_Or_Fire_Department){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-135 Power To +Enter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-135_Power_To_Enter){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-136 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-136_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-137 Relief In The +Courts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-137_Relief_In_The_Courts){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-138 Effect Of Violation By Corporate Officers And +Agents](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-138_Effect_Of_Violation_By_Corporate_Officers_And_Agents){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-139 Conviction To Be Deemed Cause For Revocation Of Licenses, +Certificates](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-139_Conviction_To_Be_Deemed_Cause_For_Revocation_Of_Licenses,_Certificates){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-131 Right To Enforce And Stop +Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-131_Right_To_Enforce_And_Stop_Construction){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The building official shall have the right to stop the construction of +any building or structure, or the alteration, repair or wrecking of the +same, if same is being done in a careless or reckless manner or in +violation of the provisions of this part. + +(Prior Code, § 5-29; Code 1999, § 5-141) + +
+ +::: phx-name +[Sec 5-132 Cases Of +Urgency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-132_Cases_Of_Urgency){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Decisions of the building official in cases where failure to carry out +his orders would endanger life and property shall be absolute and final. + +(Prior Code, § 5-31; Code 1999, § 5-142) + +
+ +::: phx-name +[Sec 5-133 Power To Make +Rulings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-133_Power_To_Make_Rulings){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The building official shall have power to make rulings and pass upon +questions relating to the use of materials and methods of construction +to make such materials and methods protective of life and property and +in conformance with the intent and purpose of this part. + +(Prior Code, § 5-32; Code 1999, § 5-143) + +
+ +::: phx-name +[Sec 5-134 Power To Call Upon Police Or Fire +Department](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-134_Power_To_Call_Upon_Police_Or_Fire_Department){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The building official shall have authority to call upon the police or +fire department in enforcing this part. It shall be mandatory upon any +member thereof to act in compliance with and perform such duties as the +building official may require. + +(Prior Code, § 5-33; Code 1999, § 5-144) + +
+ +::: phx-name +[Sec 5-135 Power To +Enter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-135_Power_To_Enter){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The building official may enter any building or structure whether +completed or in the course of construction for the purpose of making +inspections. + +(Prior Code, § 5-34; Code 1999, § 5-145) + +
+ +::: phx-name +[Sec 5-136 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-136_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person who shall engage in any business, trade, or vocation for +which a license, permit, certificate, or registration is required by +this part, without having a valid license, permit, certificate, or +certificate of registration as required, or who shall fail to do +anything required by this part or by any code adopted by this part, or +who shall otherwise violate any provision of this part or of any code +adopted by this part, or who shall violate any lawful regulation or +order made by any of the officers provided for in this part, shall be +guilty of an offense, and, upon conviction thereof, shall be subject to +punishment as provided in section 1-108. + +(Prior Code, § 5-5; Code 1999, § 5-146) + +
+ +::: phx-name +[Sec 5-137 Relief In The +Courts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-137_Relief_In_The_Courts){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No penalty imposed by and pursuant to this part shall interfere with the +right of the city also to apply to the proper courts of the state for a +mandamus, an injunction, or other appropriate action against the person +violating this part. + +(Prior Code, § 5-6; Code 1999, § 5-147) + +
+ +::: phx-name +[Sec 5-138 Effect Of Violation By Corporate Officers And +Agents](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-138_Effect_Of_Violation_By_Corporate_Officers_And_Agents){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Violation of any of the terms or provisions of this part by any +corporation or association shall subject the officers and agents in +charge of the business of such corporation or association to the penalty +provided in this part. + +(Prior Code, § 5-7; Code 1999, § 5-148) + +
+ +::: phx-name +[Sec 5-139 Conviction To Be Deemed Cause For Revocation Of Licenses, +Certificates](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-139_Conviction_To_Be_Deemed_Cause_For_Revocation_Of_Licenses,_Certificates){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Conviction under the provisions of this part shall be deemed just cause +for the revocation of any certificate or license which a person may have +or hold under the provisions of this part. + +(Prior Code, § 5-8; Code 1999, § 5-149) + +
+ +::: phx-name +[CHAPTER 5-2 BUILDING CODE AND +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-2_BUILDING_CODE_AND_REGULATIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 5-2A BUILDING +CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2A_BUILDING_CODE){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 5-2B MOVING AND RELOCATING +BUILDINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2B_MOVING_AND_RELOCATING_BUILDINGS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 5-2C SIGN +CONTRACTORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2C_SIGN_CONTRACTORS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 5-2D AWNINGS, CARPORTS AND PATIO +COVERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2D_AWNINGS,_CARPORTS_AND_PATIO_COVERS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 5-2E +FENCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2E_FENCES){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 5-2F SWIMMING +POOLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2F_SWIMMING_POOLS){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 5-2A BUILDING +CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2A_BUILDING_CODE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-201 +Adoption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-201_Adoption){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-202 +Amendments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-202_Amendments){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-203 Provisions Declared To Be Minimum +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-203_Provisions_Declared_To_Be_Minimum_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-204 Adoption Of The 2015 International Residential Code, As +Amended And Modified By The State Uniform Building Code Commission +Pursuant To 59 OS Section +1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-204_Adoption_Of_The_2015_International_Residential_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-205 Smoke Detectors Required In Apartment +Dwellings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-205_Smoke_Detectors_Required_In_Apartment_Dwellings){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-206 Adoption Of Standard Specifications For The Construction Of +Water And +Sewer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-206_Adoption_Of_Standard_Specifications_For_The_Construction_Of_Water_And_Sewer){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-207 Adoption Of Paving, Sidewalk, And Driveway +Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-207_Adoption_Of_Paving,_Sidewalk,_And_Driveway_Specifications){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-208 +Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-208_Enforcement){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-209 Liquefied Petroleum Gas Code Adopted, +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-209_Liquefied_Petroleum_Gas_Code_Adopted,_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-210 Private Water Wells +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-210_Private_Water_Wells_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-211 House, Building Numbering +System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-211_House,_Building_Numbering_System){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-212 Building Standards For Construction Of Residential Dwellings +Within Tornado Damage +Area](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-212_Building_Standards_For_Construction_Of_Residential_Dwellings_Within_Tornado_Damage_Area){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-201 +Adoption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-201_Adoption){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby adopted that certain code known as the International +Building Code 2015, as amended and modified by the state uniform +building code commission pursuant to 59 O.S. § 1000.23, as the building +code of the city for the control of buildings and structures as herein +provided, referred to herein as the \"building code.\" Each and all of +the regulations, provisions, penalties, conditions and terms of the +building code are hereby referred to, adopted and made a part hereof as +if fully set out in this Code, with the additions, insertions, deletions +and changes, if any, prescribed herein. Not less than one copy of this +code is on file in the office of the clerk. + +(Code 1999, § 5-201; Ord. No. 533(90), 7-2-1990; Ord. No. 208(97), +10-6-1997; Ord. No. 378(02), 8-19-2002; Ord. No. 536(06), 2-21-2006; +Ord. No. 635(08), 12-15-2008) + +**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[737(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323569_Ordinance%20No.%20737%20(13).pdf){.k-link +target="_blank" style="color:#0000EE"} on 2/4/2013\ +Amended by Ord. +[856(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333738_Ordinance%20No.%20856(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-202 +Amendments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-202_Amendments){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following additions, amendments or deletions are made to the + building code adopted herein:\ + Section 101.1. Insert: The City of Moore, Oklahoma.\ + Section 107.3.4.1. Insert at the end of section: Exception: Plans + for additions of less than 500 square feet to existing commercial + structures or for any commercial remodel where the structural design + of the building is not changed shall not be required to be prepared + by a registered professional architect or engineer licensed by the + state.\ + Section 109.2. Refer: Those certain fees adopted by the city on + September 7, 1997, and as they may be amended from time by motion or + resolution of the city council.\ + Section 113.1. Insert: \"Board of Adjustment.\"\ + Delete: \"Board of Appeals.\"\ + Insert: at end of second sentence: The appeals procedure shall be as + specified in article B, sections 12-123 et seq., of the city\'s + zoning ordinance.\ + Section 114.4. Delete entire section and insert: Penalties shall be + set forth in section 1-108 of the City Code.\ + Section 1106.8. Insert: Accessible parking spaces shall have a + painted square blue field and either a yellow or white international + symbol of access in the field and shall include a sign mounted + within the specifications labeled in the ADA Handbook 2010. +2. Building foundation regulations. In addition to the rules, + regulations, and standards set forth in the International Building + Code, as adopted herein, the following additional requirements are + adopted and made a part of the building code of the city: + 1. *General*. Stress analysis for any structural element considered + by the building official to be unsafe shall be submitted for + approval. + 2. *Commercial foundations*. The design of foundations for + construction other than residential shall be prepared and + certified by a professional engineer registered in the state and + approved by the city. + 3. *Concrete slab floors*. All concrete slab floors shall meet the + following minimum standards: + 1. All concrete slabs on grade shall be nominal four inches + think on a four-inch sand base. + 2. All concrete shall be minimum 2,500 psi compressive + strength. + 3. It is recommended that all concrete slabs shall be + reinforced with 66/.1010 wire mesh. + 4. All slabs on grade shall be either waterproof concrete or + shall have 0.006 inch vapor barrier under slab. + 5. All concrete floors shall be a minimum of eight inches above + finished grade. + +(Code 1999, § 5-202; Ord. No. 533(90), 7-2-1990; Ord. No. 208(97), +10-6-1997; Ord. No. 378(02), 8-19-2002; Ord. No. 536(06), 2-21-2006; +Ord. No. 635(08), 12-15-2008) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[737(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323569_Ordinance%20No.%20737%20(13).pdf){.k-link +target="_blank" style="color:#0000EE"} on 2/4/2013\ +Amended by Ord. +[856(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333738_Ordinance%20No.%20856(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-203 Provisions Declared To Be Minimum +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-203_Provisions_Declared_To_Be_Minimum_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions of the building code in their interpretation and +application shall be held to be minimum requirements adopted for the +promotion of public health, safety, and general welfare. Wherever any of +the provisions or requirements of the code are inconsistent with the +provisions of this Code or state statutes presently existing or enacted +in the future, the provisions or requirements containing the most +restrictive regulation shall apply and govern. + +(Code 1999, § 5-203) + +
+ +::: phx-name +[Sec 5-204 Adoption Of The 2015 International Residential Code, As +Amended And Modified By The State Uniform Building Code Commission +Pursuant To 59 OS Section +1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-204_Adoption_Of_The_2015_International_Residential_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Adoption*. There is hereby adopted that certain code known as the + International Residential Code 2015, as amended and modified by the + state uniform building code commission pursuant to 59 O.S. § + 1000.23, as the one- and two-family dwelling code of the city for + the control of buildings and structures as herein provided, referred + to herein as the \"residential building code.\" Each and all of the + regulations, provisions, penalties, conditions and terms of the + residential building code are hereby referred to, adopted and made a + part hereof as if fully set out in this Code, with the additions, + insertions, deletions and changes, if any, prescribed herein. Not + less than one copy of this code is on file in the office of the + clerk. +2. *Amendments*. The following sections of the dwelling code are hereby + revised as follows:\ + Section 109.5. Prefabricated Construction. Insert: \[Modular + construction, manufactured housing and any other prefabricated + construction is not permitted in any zoning district within the city + limits, unless approved by the board of adjustment as provided in + section 12-125 of the City Code\].\ + Section R401.1.2. Addition: Insert after first sentence: Any + foundation approved by the Federal Housing Administration (FHA) + shall be accepted.\ + Section P3005.2.3. Delete and replace with: There shall be two + directional cleanouts with a backwater valve in between the two + directional cleanouts near the junction of the building drain and + building sewer. The two directional cleanouts and backwater valve + shall be outside the building wall, provided that it is brought up + to finish grade.\ + Sections E3401 to E4304. Delete Sections E3401 to E4304 and replace + with the 2014 NEC as adopted by the state uniform building code + commission pursuant to 59 O.S. § 1000.23 and the city.\ + Section Addition:\ + Part IV Energy Construction.\ + Part V Mechanical.\ + Part VI Fuel Gas.\ + Part VII Plumbing.\ + Part VIII Electrical. +3. *Adoption of residential wind code*. The following additions are + hereby included in the residential building code for the purposes of + establishing minimum regulations governing residential construction + for high wind resistance: + 1. Roof sheathing (OSB or plywood) shall be nailed with 8d ring + shank (0.131\" by 2.5\") or 10d (0.148\" by 3\") nails on + four-inch on center along the edges and six-inch on center in + the field. Dimensional lumber decking is not allowed. + 2. Maximum spacing for roof framing shall be 16 inches on center. + Minimum nominal sheathing panel size shall be 7/16. Minimum wood + structural panel span rating shall be 24/16. + 3. Connections for roof framing shall be designed for both + compression and tension, and may include nail plates or steel + connection plates. Connections for roof framing shall include + connections on rafters, web members, purlins, kickers, bracing + connections, and the connections to interior brace wall top + plates or ceiling joists. + 4. Gable end walls shall be tied to the structure, and may include + steel connection plates or straps. The connections shall be made + at the top and bottom of the gable end wall. + 5. Structural sheathing panel (OSB or plywood) shall be required + for gable end walls. + 6. Hurricane clip or framing anchor shall be required on all rafter + to wall connections. + 7. The upper and lower story wall sheathing shall be nailed to the + common rim board. + 8. All walls shall be continuously sheathed with structural + sheathing (OSB or plywood) using the CS-WSP method. Garage doors + shall be framed using the sheathed portal frame method CS-PF. No + form of intermittent bracing shall be allowed on an outer wall. + Intermittent bracing may only be used for interior braced wall + lines. + 9. Nailing of wall sheathing (OSB or plywood) shall be increased to + 8d ring shank (0.131\" by 2.5\") or 10d (0.148\" by 3\") nails + on four-inch on center along the edges and six-inch on center in + the field. + 10. Structural wood sheathing shall be extended to lap the sill + plate and nailed to the sill plate using a four-inch on center + along the edges. Structural wood sheathing shall be nailed to + rim board if present with 8d ring shank (0.131\" by 2.5\") or + 10d (0.148\" by 3\") nails on four-inch on center along both the + top and bottom edges of the rim board. + 11. Garage doors shall be rated to 135 mph wind or above. + 12. Exterior wall studs shall be 16-inch on center. +4. *Building foundation regulations*. In addition to the rules, + regulations, and standards set forth in the International + Residential Code, as adopted herein, the following additional + requirements are adopted and made a part of the building code of the + city: + 1. *General*. Stress analysis for any structural element considered + by the building official to be unsafe shall be submitted for + approval. + 2. *Foundations and footings*. All exterior walls shall have + footings of the following minimum standards: + 1. Minimum depths of concrete footings on exterior walls: 18 + inches. + 2. Minimum width for frame walls: ten inches. + 3. Minimum width for veneer walls: 12 inches. + 4. All footings shall be 3,000 psi, minimum compressive + strength concrete and reinforced with four rows, two up and + two down, with No. 5 bar top and bottom. + 5. All footings shall be poured in a minimum of six inches into + undisturbed soil. + 6. Where pier and grade beam type of foundation is proposed for + residential construction, design of grade beam and piers + shall be: + 1. *Piers*. + 1. Diameter: ten inches minimum. + 2. Depth: 24 inches minimum. + 3. Spacing: eight feet on center with one No. 5 bar for + full length of pier and extending into beam. + 2. *Grade beam, minimum width.* + 1. Frame: six inches, except that an eight-inch beam + may be flared to be covered by base trim. + 2. Masonry or masonry veneer: eight inches. + 3. Minimum effective depth: 14 inches; however, where + grade beam supports wood floor framing the minimum + effective depth shall be 18 inches in order to + provide required clearance under joints. + 4. Reinforce with two bars at the top and bottom of the + beam as follows: frame, four No. 4 bars; and masonry + or masonry veneer, four No. 5 bars. Where grade beam + is flared at the top, reinforce with one No. 6 bar + instead of two No. 4 bars + 3. *Concrete slab floors*. All concrete slab floors shall meet the + following minimum standards: + 1. All concrete slabs on grade shall be nominal four inches + think on a four-inch sand base. + 2. All concrete shall be minim 2,500 psi compressive strength. + 3. It is recommended that all concrete slabs shall be + reinforced with 66/.1010 wire mesh. + 4. All slabs on grade shall be either waterproof concrete or + shall have 0.006 inch vapor barrier under slab. + 5. All concrete floors shall be a minimum of eight inches above + finished grade. + +(Code 1999, § 5-204; Ord. No. 534(90), 7-2-1990; Ord. No. 201(97), +8-18-1997; Ord. No. 209(97), 10-6-1997; Ord. No. 379(02)-A, 8-19-2002; +Ord. No. 534(06), 2-21-2006; Ord. No. 633(08), 12-15-2008) + +**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[724(12)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323047_Ordinance%20No.%20724%20(12).pdf){.k-link +target="_blank" style="color:#0000EE"} on 9/4/2012\ +Amended by Ord. +[768(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324422_Ordinance%20No.%20768%20(14).pdf){.k-link +target="_blank" style="color:#0000EE"} on 3/17/2014\ +Amended by Ord. +[857(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333851_Ordinance%20No.%20857(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-205 Smoke Detectors Required In Apartment +Dwellings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-205_Smoke_Detectors_Required_In_Apartment_Dwellings){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All apartment structures and buildings shall have not less than one + smoke detector installed and maintained in working order in each + separate unit or living area within the apartment building. +2. The smoke detectors required by this section shall be approved prior + to their installation but shall be powered by the following methods, + to wit: + 1. For all apartments in existence on March 4, 1982, the smoke + detector shall be powered by a battery and shall be tested by + the owner of such apartment building every 30 days, and the + documentation of such testing shall be kept in the office of the + manager of such apartment; and + 2. All smoke detectors installed in apartments which receive a + building permit after March 4, 1982, shall be powered by the + electrical system of such apartment building. +3. All smoke detectors shall be of a type approved by the chief of the + fire department, the International Fire Safety Code as adopted by + the city or the residential building code as adopted by the city, + but must be suitable to warn the occupants of the unit in which such + detector is installed of the presence of smoke and the possibility + of fire danger. +4. Failure to install or maintain a smoke detector or failure to test a + battery-powered smoke detector as required by this section, or to + keep a record of such test, shall be unlawful, and, upon conviction + thereof, every person, firm, corporation, manager or other person + shall be subject to punishment as provided in section 1-108 for each + violation. + +(Prior Code, § 5-4; Code 1999, § 5-205) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[857(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333851_Ordinance%20No.%20857(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-206 Adoption Of Standard Specifications For The Construction Of +Water And +Sewer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-206_Adoption_Of_Standard_Specifications_For_The_Construction_Of_Water_And_Sewer){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A certain document, one copy of which is on file in the office of the +city clerk, being designated as the \"City of Moore Standard +Specifications for the Construction of Water and Sewer,\" dated February +1990, as developed and prepared by Wyatt, Doyle and Butler Engineers, +Inc., is hereby adopted as the construction code of water and sewer for +the city. The specifications set forth the standards and specifications +for the construction of water and sewer establish minimum regulations +governing the installation of water mains, installation of sewer mains, +incidental construction, attendant installation and maintenance of water +and sewer mains, and standards for earth work, excavation, disposal of +materials, adjustment of existing structures, foundations and bedding, +and backfill, all relative to the construction of water and sewer. Each +and all of the regulations, provisions, penalties, conditions and terms +of the standard specifications are hereby referred to, adopted and made +a part hereof as if fully set out in this section. + +(Code 1999, § 5-206; Ord. No. 512(90), 4-2-1990) + +**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. + +
+ +::: phx-name +[Sec 5-207 Adoption Of Paving, Sidewalk, And Driveway +Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-207_Adoption_Of_Paving,_Sidewalk,_And_Driveway_Specifications){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A certain document commonly known as \"Standard P.C.C. Paving Details, +Standard Driveway and Sidewalk Details and Standard A.C. Paving +Details,\" one copy of which is on file in the office of community +development director, is hereby adopted as the specifications for same +and shall be known as the paving code of the city. Subsequent revisions, +modifications, codifications or additions of the paving code shall +become effective as available, for the control of paving as herein +provided. Each and all of the regulations, provisions, conditions, and +terms of the paving code are hereby referred to, adopted and made a part +hereof as if fully set out in this section. + +(Code 1999, § 5-207; Ord. No. 513(90), 4-2-1990) + +**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. + +
+ +::: phx-name +[Sec 5-208 +Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-208_Enforcement){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The official designated as being responsible for the enforcement of the +city\'s building codes shall be the building official. + +(Code 1999, § 5-208) + +
+ +::: phx-name +[Sec 5-209 Liquefied Petroleum Gas Code Adopted, +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-209_Liquefied_Petroleum_Gas_Code_Adopted,_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Pamphlet No. 58, Storage and Handling of Liquefied Petroleum Gases, + issued by the National Fire Protection Association, the latest + edition thereof, is hereby adopted and incorporated herein by + reference to govern liquefied petroleum gas. +2. It is unlawful for any person to manufacture, fabricate, assemble, + install or repair any system, container, apparatus or appliance to + be used for the transportation, storage, dispensing or utilization + of liquefied petroleum gas, or to transport, handle, or store such + gas, unless such person shall comply with all the provisions of + state law and this section. +3. All persons, firms, corporations or government entities which own or + operate underground flammable or combustible liquid tanks and + associated underground piping shall test the tanks and piping for + tightness at least once per year. The test shall be witnessed and + certified by the fire department. The test shall consist of five + pounds per square inch of pressure put on the tank and piping for a + period of 30 minutes. Any reduction of tank contents or loss of air + pressure experienced during the test shall constitute test failure. + The fire department shall then order the tank emptied and associated + equipment shut down, until such time as the faulty equipment is + repaired or replaced and retested. + +(Prior Code, §§ 9-83, 9-84; Code 1999, § 5-209) + +**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. + +
+ +::: phx-name +[Sec 5-210 Private Water Wells +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-210_Private_Water_Wells_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful and an offense for any person to drill a well for the +production of water upon property not owned and controlled by the city. +It is unlawful and an offense for any person to produce water from any +well hereafter drilled in violation of this section. This section shall +not apply to any property placed in an agricultural zoning +classification under the zoning ordinances of the city. + +(Prior Code, § 23-26; Code 1999, § 5-210) + +
+ +::: phx-name +[Sec 5-211 House, Building Numbering +System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-211_House,_Building_Numbering_System){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. House and business structure numbering shall be east and west from + Broadway and north and south from Main. The first block from the + dividing line in each case shall be the 100 block, the next the 200 + block, the next the 300 block, and so on, each block being numbered + in multiples of 100. All lots shall be numbered consecutively from + the side of the block nearest the dividing line, starting with one, + but in the multiple of 100 corresponding to the block number, + alternating with the odd numbers on the north and west side and with + the even numbers on the south and east side of all streets and + avenues; that is, starting from the dividing line, the first lot on + the north or the west side of the street shall be numbered 101, and + the one directly across the street shall be numbered 102, and so on + through each consecutive block in numerical order. All houses and + business structures shall be numbered accordingly. +2. Where the long side of a lot parallels the street or avenue, and in + the case of unplatted areas, each 25 feet of length shall be + considered as a lot for numbering purposes. +3. The areas adjoining the right-of-way of the Oklahoma Railway Company + on the west, on both the north and south sides of Main Street, shall + be treated as blocks and the same method of numbering such blocks + and lots therein shall be followed. + +(Prior Code, § 20-93; Code 1999, § 5-211) + +
+ +::: phx-name +[Sec 5-212 Building Standards For Construction Of Residential Dwellings +Within Tornado Damage +Area](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-212_Building_Standards_For_Construction_Of_Residential_Dwellings_Within_Tornado_Damage_Area){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Tornado damage area defined. For purposes of this section, the area + of tornado damage resulting from any tornado that is declared a + federal disaster shall be specifically referred to as the \"tornado + damage area.\" +2. No person or other entity shall commence the construction of any + building or structure to be used as a residential dwelling within + the tornado damage area without obtaining a permit, and in order to + be eligible to receive said permit, all planned construction shall + conform to the applicable provisions of the building code adopted in + this article, all other applicable provisions of the city, and in + addition thereto, all planned construction within the tornado damage + area shall specifically conform to the following basic standards: + 1. Each planned residential dwelling structure shall have a minimum + of 50 percent coverage of brick or stone. For the May 20, 2013, + Tornado, the Foxglove Addition, Section 1 and 2, shall not have + a minimum bricking requirement; + 2. Each planned residential dwelling structure shall have the + minimum square footage as plat restrictions indicate. Where the + plat restrictions do not indicate a minimum square footage + requirement, each planned residential dwelling structure shall + have a minimum of 1,000 square feet, excluding garage; and + 3. Each planned residential dwelling structure is required to have + an attached garage. +3. In order to determine said conformity, as provided in subsection (B) + of this section, the city may require the submission of detailed + plans and specifications covering the proposed construction of + buildings and residential dwellings within the tornado damage area, + and shall refuse to issue such permit unless the work so planned is + in accordance with the applicable provisions of the city, including + the building code and this section. +4. Nothing in this section shall be construed as repealing any + ordinance or the authority to enact and enforce any ordinance of the + city requiring the submission to the city of plans and + specifications and the obtaining of permits, nor will anything + herein in any way impair the power of the city to regulate the use + of land by zoning, building codes or restricted fire district + regulations or otherwise. +5. Penalty. Unless otherwise provide herein, any person found guilty of + violating any of the provisions of this section shall be guilty of + an offense and, upon conviction thereof, shall be punished by a fine + of not more than \$100.00, excluding costs. Every day that a + violation exists shall constitute a separate violation and shall be + subject to the full penalty contained herein. + +(Code 1999, § 5-212; Ord. No. 262(99), 8-16-1999; Ord. No. 751(13), +7-1-2013) + +
+ +::: phx-name +[ARTICLE 5-2B MOVING AND RELOCATING +BUILDINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2B_MOVING_AND_RELOCATING_BUILDINGS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-221 Permit Required To Move +Building](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-221_Permit_Required_To_Move_Building){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-222 Permit +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-222_Permit_Fees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-223 Application And Bond +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-223_Application_And_Bond_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-224 Issuance Or Denial Of +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-224_Issuance_Or_Denial_Of_Permit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-225 Interference With Trees And +Fixtures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-225_Interference_With_Trees_And_Fixtures){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-226 Interference With Poles And +Wires](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-226_Interference_With_Poles_And_Wires){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-227 Safety Precautions And Protection Of +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-227_Safety_Precautions_And_Protection_Of_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-228 Time +Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-228_Time_Limit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-229 Relocation Of Used Residential +Buildings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-229_Relocation_Of_Used_Residential_Buildings){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-221 Permit Required To Move +Building](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-221_Permit_Required_To_Move_Building){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall move any building or structure along or across any +street, alley or roadway within the city without a permit therefor from +the building official issued in accordance with the provisions of the +applicable building codes and this article. No such permit shall be +granted to any person except a bonded house mover. Proof of possession +of a valid and current state license, and the number assigned by the +state corporation commission, shall be provided to the building official +prior to issuance of a permit. + +(Prior Code, § 5-331; Code 1999, § 5-221) + +
+ +::: phx-name +[Sec 5-222 Permit +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-222_Permit_Fees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Before any permit to move a building or structure is granted under the +provisions of this section, the applicant for such permit shall pay a +fee as provided in the fee schedule. + +(Code 1999, § 5-222) + +
+ +::: phx-name +[Sec 5-223 Application And Bond +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-223_Application_And_Bond_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Before any person shall be granted a permit for the moving of any +building or structure as provided in this article, he shall file with +the city an application and a bond. The application shall show the place +from where the building is to be moved, the location where it is to be +moved, giving the size thereof and other information required by the +city. The bond, in the sum as set in the city\'s bond schedule which +shall run in favor of the city and any private person sustaining damages +under the conditions thereof, shall be entitled to sue thereon in his +own name. The bond shall be conditioned, among other things, that if +such permittee is granted the permit he shall promptly pay all damages +and for all injuries that may accrue to any person or property, either +public or private, within the city when such injury or damages are +inflicted by the permittee or his agents, servants, employees, workers, +contractors or subcontractors, and such bond shall be conditioned also +that the permittee will save, indemnify and protect the city from all +liability which may arise, either directly or indirectly, from the +moving of any building or structure by the permittee, his agents, +servants, employees, workers, contractors or subcontractors, and that +the permittee will in all respects comply with the ordinances of the +city in regard to the moving of buildings or structures and to the use +or obstruction of the streets and other public places of the city. + +(Prior Code, §§ 5-332, 5-334; Code 1999, § 5-223) + +
+ +::: phx-name +[Sec 5-224 Issuance Or Denial Of +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-224_Issuance_Or_Denial_Of_Permit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. At the time an application and bond is filed, the city clerk may + issue a permit for moving the building along the route described if + in his judgment the building can be moved without damage to the + property owners along the route and without damage to city streets. + If the city clerk determines that the building cannot be moved + without damage to property or streets, or for other noncompliance + with this article or applicable law, then he shall endorse on the + application \"REFUSED.\" +2. Once a moving permit is granted, if the move is not completed within + six months after issuance of the permit, the permit shall be revoked + and a new permit must be applied for. +3. If any mover, his servants, agents or employees, shall, while acting + within the scope of this article, damage or destroy any public or + private property and fail or refuse to repair, renew or pay for the + same, or shall fail or refuse to pay for the expense of the raising, + cutting or repair of any electric wire or cable or the removal and + replacement of any pole bearing the same as required by the terms of + this article, a written claim containing a statement of such damages + or expense may be filed with the building official who shall + investigate the same. If the building official finds the same to be + just and reasonable, no further permits within the scope of this + article shall be issued to such mover until the claim is satisfied. + Denial of such permit may be appealed to the board of adjustment by + filing a notice of appeal with the building official and city clerk + within ten days of the day of denial. + +(Code 1999, § 5-224) + +
+ +::: phx-name +[Sec 5-225 Interference With Trees And +Fixtures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-225_Interference_With_Trees_And_Fixtures){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No tree on any street shall be removed or the branches of any tree be +cut or trimmed in order to facilitate the moving of any building, except +with the consent and under the supervision of the city. No fixture on +any street or alley shall be removed, displaced or otherwise interfered +with to facilitate the moving of any building, except with the consent +and under the supervision of the building official. + +(Code 1999, § 5-225) + +
+ +::: phx-name +[Sec 5-226 Interference With Poles And +Wires](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-226_Interference_With_Poles_And_Wires){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whenever for the purpose of facilitating the moving of any building or +structure it is necessary to raise or cut any telephone or telegraph +wire or cable or any electric wire, or move any pole bearing any such +wire or cable, it is the duty of the mover having charge of the moving +of such building or structure to give the person owning or operating the +poles, wires or cables at least 24 hours\' notice of the time and place +when and where the removal of such poles or the raising or cutting of +such wires or cables will be necessary. After the service of the 24-hour +notice, it is the duty of the person owning or operating the poles, +wires or cables to furnish competent workers or linemen to remove such +poles or raise or cut such wires or cables. The regular wages of the +workers or linemen while engaged at such work shall be paid by such +movers. No mover shall raise, cut or move any such pole, wire or cable +unless the persons or authorities owning or having control of the same +fail or refuse to do so after such notice. Only competent workers or +linemen shall be employed in such work, and the same shall be done in a +careful and workmanlike manner, and the poles, wires and cables promptly +replaced and damages thereto promptly repaired at the expense of such +mover. + +(Code 1999, § 5-226) + +
+ +::: phx-name +[Sec 5-227 Safety Precautions And Protection Of +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-227_Safety_Precautions_And_Protection_Of_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No building or structure shall be allowed to remain at a standstill in +any public street or other public place for a period longer than 24 +hours without the consent in writing of the building official. When any +building or structure is left in any street at night, two or more +approved warning lights or signals shall be conspicuously posted at each +end of such building or structure so as to give warning in both +directions of the street. All other obstructions left in the street +shall be safeguarded by similar lights or signals. All such lights and +signals shall be in good working order when posted, and shall be +securely placed in position. No such building or structure or other +obstruction shall be left standing at night in any street intersection. +The chief of the fire department and chief of police shall be notified +of the location of any such building or structure left standing in the +street at night. When necessary to protect pavement or sidewalk, plank +of sufficient size and thickness to prevent injury to such pavement or +sidewalk shall be laid for the wheels of the moving trucks to travel on. +The building official shall have the power to require the use of other +precautionary measures than those specifically mentioned in this article +when necessary or proper to protect life, limb or property. + +(Prior Code, § 5-335, in part; Code 1999, § 5-227) + +
+ +::: phx-name +[Sec 5-228 Time +Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-228_Time_Limit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +At the time of application for a moving permit, it is the duty of the +mover of the building or structure to estimate the reasonable time +required for the moving of the building from its present location to its +proposed location. He shall state in his application for a permit what +the applicant deems to be such reasonable time. The route and time +allowed for the moving of the building shall be determined and fixed by +the city manager. The permit shall especially provide that the building +shall be, from the time any part of the street is used for the moving of +same, cleared from any and all of the streets of the city within a +specified number of days specified therein, Sundays and holidays +excepted. The mover shall bind himself to pay the sum as set by the city +per day for each and every day all or any part of the building or +structure remains on the street in excess of the number of days allowed +in the permit, and his cash deposit shall, in addition to his bond, be +secondarily liable for the payment of the amount. Nothing but an act of +God shall be a defense against the payment of these sums. The provisions +of this section shall not prevent the city from revoking a permit in +compliance with section 5-224 after a period of six months has elapsed +from the date of issuance of the permit. + +(Code 1999, § 5-228) + +
+ +::: phx-name +[Sec 5-229 Relocation Of Used Residential +Buildings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-229_Relocation_Of_Used_Residential_Buildings){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No residential dwelling building or structure shall be relocated in any +zoning district within the city. + +(Code 1999, § 5-229; Ord. No. 175(96), 12-2-1996) + +
+ +::: phx-name +[ARTICLE 5-2C SIGN +CONTRACTORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2C_SIGN_CONTRACTORS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-241 Regulations +Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-241_Regulations_Established){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-242 License Required, Fee, +Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-242_License_Required,_Fee,_Term){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-243 +Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-243_Transfer){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-244 +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-244_Suspension){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-245 +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-245_Revocation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-246 Sign Contractor\'s Bond Prerequisite To +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-246_Sign_Contractor's_Bond_Prerequisite_To_Issuance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-247 +Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-247_Inspection){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-248 Designating +Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-248_Designating_Sign){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-241 Regulations +Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-241_Regulations_Established){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There are hereby established regulations pertaining to the construction +of signs, licensing of sign contractors, and establishment of a fee +schedule for sign permits. + +(Prior Code, § 5-371; Code 1999, § 5-241) + +
+ +::: phx-name +[Sec 5-242 License Required, Fee, +Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-242_License_Required,_Fee,_Term){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person except a licensed sign contractor shall engage in the business +of manufacturing, installing, erecting, repairing, painting, altering, +servicing, or removing signs requiring permits as provided in this Code. +A sign contractor\'s license may be obtained from the office of the city +clerk upon presentation of satisfactory evidence of qualifications for +the building official and payment of a fee as set by the city. Such +license shall expire annually. No reduction in fee for a partial year +shall be made. Employees of duly licensed sign contractors shall not be +required in the regular course of such employment to obtain such license +or pay such fee in order to engage in the work of manufacturing, +installing, erecting, repairing, painting, altering, servicing or +removing signs in the regular course of such employment. + +(Prior Code, § 5-372; Code 1999, § 5-242) + +
+ +::: phx-name +[Sec 5-243 +Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-243_Transfer){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person holding a license to transfer same or +allow the use of same, directly or indirectly, by any other person for +the purpose of obtaining a permit to do any of the sign work herein +specified. + +(Prior Code, § 5-373; Code 1999, § 5-243) + +
+ +::: phx-name +[Sec 5-244 +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-244_Suspension){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city shall have the right to suspend for a maximum period of 90 days +the license of any sign contractor for a violation of any of the city +ordinances relating to signs. + +(Prior Code, § 5-374; Code 1999, § 5-244) + +
+ +::: phx-name +[Sec 5-245 +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-245_Revocation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city shall have the right to revoke the license of any sign +contractor for a violation of any of the city ordinances relating to +signs. + +(Prior Code, § 5-375; Code 1999, § 5-245) + +
+ +::: phx-name +[Sec 5-246 Sign Contractor\'s Bond Prerequisite To +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-246_Sign_Contractor's_Bond_Prerequisite_To_Issuance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No sign contractor\'s license shall be issued to any applicant until the +applicant therefor shall have deposited with the city clerk a surety +bond in the sum as set by the city, to be known as the sign +contractor\'s bond. The bond shall be executed by the sign contractor +and the surety thereon shall be a corporate surety company authorized to +do business in the state. The bond shall be payable to the city, and as +a condition shall state that the licensee will faithfully and properly +conduct his business in compliance with all the ordinances of the city +relating to signs and sign contractors. The bond shall provide for the +payment of all fines and penalties imposed for the violation of such +laws, and for the protection and indemnification of the city against all +damages resulting directly or indirectly from any injury to persons or +property on account of negligence or unskilled work of the licensee. + +(Prior Code, § 5-376; Code 1999, § 5-246) + +
+ +::: phx-name +[Sec 5-247 +Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-247_Inspection){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The building official shall inspect at such times as he deems necessary +each sign regulated by this article. + +(Prior Code, § 5-377; Code 1999, § 5-247) + +
+ +::: phx-name +[Sec 5-248 Designating +Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-248_Designating_Sign){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Each sign erected by a sign contractor shall have a sign designating who +the sign contractor was who installed the sign, placed in a conspicuous +location. Such sign shall be a size of no less than two inches in height +and eight inches in width and shall be attached to the sign. + +(Prior Code, § 5-378; Code 1999, § 5-248) + +
+ +::: phx-name +[ARTICLE 5-2D AWNINGS, CARPORTS AND PATIO +COVERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2D_AWNINGS,_CARPORTS_AND_PATIO_COVERS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-251 +Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-251_Definition){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-252 Construction +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-252_Construction_Restrictions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-253 Permits And +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-253_Permits_And_Fees){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-251 +Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-251_Definition){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Awnings, carports, and patio covers, individually or in combinations, as +used herein, are defined as any structure, whether attached to an +existing structure or freestanding, which is constructed for the purpose +of providing a roof type cover only, for shelter from the sun, rain, +snow, sleet or hail. + +(Prior Code, § 5-316; Code 1999, § 5-251) + +
+ +::: phx-name +[Sec 5-252 Construction +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-252_Construction_Restrictions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Awnings, carports and patio covers which extend beyond the front +building line, toward the street, or beyond the side building line on +side streets, may be constructed if they meet the following +requirements: + +1. They are not to exceed more than 20 feet beyond the front building + line, but in no instance beyond the front property line of interior + lots; +2. They are not to extend more than 20 feet beyond the side building + line, but in no case beyond the side property line of corner lots; +3. They must not be, at any point on the structure, closer than five + feet to an adjacent property line; except, those houses that have a + one car garage as of November 2, 1995, may erect a carport within + one foot of the side property line, provided the structure may not + divert any stormwater to the adjacent property; +4. Construction details must conform to the following: + 1. The structure must be designed to support a load of 20 pounds + per square foot in addition to the weight of the structure; + 2. Awnings, carports and patio covers which are attached to an + existing structure shall be attached with one-quarter inch or + larger lag screws in a substantial manner and shall be anchored + to each wall stud or to a masonry wall. One side of attached + awnings, carports or patio cover structures shall be supported + by 1½-inch diameter by 14 gauge steel columns, or columns of + equivalent strength, set in concrete footings not less than 12 + inches deep nor less than 12 inches in diameter; + 3. Freestanding carports or patio covers shall be supported by + 2½-inch diameter by 14 gauge steel columns or columns of + equivalent strength, set in concrete footings not less than 24 + inches deep nor less than 12 inches in diameter; + 4. All concrete in footings shall be 2,000 pounds per square inch + quality; + 5. Roof slope shall be at least 3/16 -inch per foot; and + 6. All bolts and screws used in the structure shall be cadmium + plated or equal. + +(Prior Code, § 5-317; Code 1999, § 5-252; Ord. No. 131(95), 11-2-1995) + +
+ +::: phx-name +[Sec 5-253 Permits And +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-253_Permits_And_Fees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A permit must be obtained from the city clerk upon written + application showing compliance with this article and other + applicable ordinances of the city. +2. Such application shall contain the address of the applicant along + with a detailed drawing showing the desired specification of the + proposed awning, carport or patio cover and showing on such drawing + compliance with this article in all particulars. The application + will be on forms prepared by the city clerk and shall contain such + other information as is deemed necessary by him. +3. No permit will be issued until the permit fee is paid to the city + clerk. It shall be an offense to construct an awning, carport or + patio cover without having first secured a permit as provided in + this article. + +(Prior Code, § 5-318; Code 1999, § 5-253) + +
+ +::: phx-name +[ARTICLE 5-2E +FENCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2E_FENCES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-261 Short +Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-261_Short_Title){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-262 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-262_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-263 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-263_Application){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-264 Bond Prerequisite To +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-264_Bond_Prerequisite_To_Issuance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-265 +Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-265_Transfer){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-266 +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-266_Suspension){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-267 +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-267_Revocation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-268 Expiration; +Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-268_Expiration;_Renewal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-269 Permits +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-269_Permits_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-270 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-270_Application){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-271 +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-271_Issuance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-272 +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-272_Fees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-273 +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-273_Revocation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-274 +Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-274_Inspection){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-275 Zoning +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-275_Zoning_Restrictions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-276 Designating +Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-276_Designating_Sign){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-261 Short +Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-261_Short_Title){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This article shall hereafter be known and cited as the \"fence +regulations\" of the city. + +(Prior Code, § 6-131; Code 1999, § 5-261) + +
+ +::: phx-name +[Sec 5-262 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-262_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Erect* means to build, construct, attach, hang, place or affix in any +manner all fences as defined in this section. + +*Fence* means and includes every fence that is permanently attached to +the ground, including chainlink fences, redwood fences, masonry fences, +wood fences, but not limited thereto, and not including fences in +agricultural zones within the limits of the city. + +*Fence contractor* means any person engaged in the business of +constructing, installing, erecting, repairing or servicing fences as +defined in this section. + +(Prior Code, § 6-132; Code 1999, § 5-262) + +
+ +::: phx-name +[Sec 5-263 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-263_Application){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Before a fence contractor shall be licensed to install any fence or make +alterations or additions to existing fences, he shall file with the +building official an application in writing for a license to do such +work. Such application shall be filed with the building official of the +city and information furnished thereon shall include: + +1. Name of the applicant; +2. Address of the applicant; +3. Number of years\' experience in the fence business; +4. Employment of the applicant over the last ten years; +5. A record of any convictions of such applicant on any felony criminal + charge; +6. Three references; and +7. Any other items deemed desirable by the building official. + +(Prior Code, § 6-135; Code 1999, § 5-263) + +
+ +::: phx-name +[Sec 5-264 Bond Prerequisite To +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-264_Bond_Prerequisite_To_Issuance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No fence contractor\'s license shall be issued to any applicant until +the applicant therefor shall have deposited with the city clerk a surety +bond in the sum set by the city to be known as the fence contractor\'s +bond. Such bond shall be executed by the fence contractor and the surety +thereon shall be a corporate surety company authorized to do business in +the state. The bond shall be payable to the city, and as a condition +shall state that the licensee shall faithfully and properly conduct his +business in compliance with all ordinances of the city relating to +fences and fence contractors and for the payment of all fines and +penalties imposed for the violation of such laws, and for the protection +and indemnification of the city against all damages resulting directly +or indirectly from any injury to persons or property on account of +negligence or unskilled work of the licensee. + +(Prior Code, § 6-136; Code 1999, § 5-264) + +
+ +::: phx-name +[Sec 5-265 +Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-265_Transfer){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person holding a fence contractor\'s license to +transfer the same or allow the use of same, directly or indirectly, by +any other person for the purpose of obtaining a permit to do any of the +fence work herein specified. + +(Prior Code, § 6-138; Code 1999, § 5-265) + +
+ +::: phx-name +[Sec 5-266 +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-266_Suspension){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The building official shall have the right to suspend for a maximum +period of 90 days the license of any fence contractor for violating any +of the city ordinances relating to fences. + +(Prior Code, § 6-139; Code 1999, § 5-266) + +
+ +::: phx-name +[Sec 5-267 +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-267_Revocation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city shall have the right to revoke the license of any fence +contractor for a violation of any of the city ordinances relating to +fences. + +(Prior Code, § 6-140; Code 1999, § 5-267) + +
+ +::: phx-name +[Sec 5-268 Expiration; +Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-268_Expiration;_Renewal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A fence contractor\'s license shall expire annually. No reduction in + fee for a partial year shall be made. +2. Any person who holds a license in his name may renew the license + upon the payment of the fee to the city treasurer within 30 days + after expiration thereof, unless such license has been revoked prior + to expiration by the city. + +(Prior Code, § 6-141; Code 1999, § 5-268) + +
+ +::: phx-name +[Sec 5-269 Permits +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-269_Permits_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person acting as a fence contractor or such +contractor\'s employee to construct, erect, install, alter, or locate +within the city any fence as defined in this article without the +contractor\'s obtaining a permit from the building department of the +city and paying the fee required by this article. Employees of a +contractor shall not be required to obtain a permit if the fence +contractor has obtained a permit for the erection of such fence. No +permit shall be required in agricultural zones. + +(Prior Code, § 6-142; Code 1999, § 5-269) + +
+ +::: phx-name +[Sec 5-270 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-270_Application){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Application for fence erection permits shall be made upon blanks +provided by the building official and shall contain or have attached the +following information: + +1. Name and address of the applicant; +2. Location of lot upon which the fence is to be constructed; +3. The name of the person erecting such fence; and +4. Such other information as the building official shall require to + show full compliance with this article and all other laws and + ordinances of the city. + +(Prior Code, § 6-143; Code 1999, § 5-270) + +
+ +::: phx-name +[Sec 5-271 +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-271_Issuance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is the duty of the building official upon the filing of an +application for a fence erection permit, if it is in order and in +compliance with all the regulations of this article and other laws and +ordinances of the city, to issue the erection permit. If the work +authorized under an erection permit has not been completed prior to 12 +months from the date of issuance, the permit shall become null and void. + +(Prior Code, § 6-144; Code 1999, § 5-271) + +
+ +::: phx-name +[Sec 5-272 +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-272_Fees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every applicant, before being granted a fence erection permit under this +article shall pay to the city clerk the permit fee for each fence. + +(Prior Code, § 6-145; Code 1999, § 5-272) + +
+ +::: phx-name +[Sec 5-273 +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-273_Revocation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The building official is hereby empowered and authorized to revoke any +fence erection permit issued by him upon failure of the holder thereof +to comply with any provision of any city ordinance relating to fences. + +(Prior Code, § 6-146; Code 1999, § 5-273) + +
+ +::: phx-name +[Sec 5-274 +Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-274_Inspection){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The building official shall inspect at such times as he deems necessary +each fence regulated by this article. + +(Prior Code, § 6-147; Code 1999, § 5-274) + +
+ +::: phx-name +[Sec 5-275 Zoning +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-275_Zoning_Restrictions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Each fence shall be defined as a structure and shall come under the + regulations of any structure in the zoning ordinances. +2. Special variances from the zoning ordinances relative to fences may + be granted in the case of hardship upon application to the building + official for a special variance. Before granting such variance, the + building official shall have a favorable recommendation from the + traffic and fire departments, and a fee will be required to + investigate such hardships. + +(Prior Code,§ 6-148; Code 1999, § 5-275) + +
+ +::: phx-name +[Sec 5-276 Designating +Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-276_Designating_Sign){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Each fence erected by a fence contractor shall have a sign designating +who the fence contractor was who installed the fence, placed in a +conspicuous location on the street side of the fence. Such sign shall be +a size of no less than two inches in height and eight inches in width +and shall be attached to the fence. + +(Prior Code, § 6-149; Code 1999, § 5-276) + +
+ +::: phx-name +[ARTICLE 5-2F SWIMMING +POOLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2F_SWIMMING_POOLS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-281 Short +Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-281_Short_Title){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-282 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-282_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-283 Application For +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-283_Application_For_License){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-284 Bond Prerequisite To +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-284_Bond_Prerequisite_To_Issuance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-285 +Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-285_Transfer){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-286 +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-286_Suspension){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-287 Revocation Of +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-287_Revocation_Of_License){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-288 Expiration; +Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-288_Expiration;_Renewal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-289 Permits +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-289_Permits_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-290 Application For +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-290_Application_For_Permit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-291 +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-291_Issuance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-292 +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-292_Fees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-293 Revocation Of +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-293_Revocation_Of_Permit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-294 +Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-294_Inspection){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-295 Zoning Restrictions And +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-295_Zoning_Restrictions_And_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-296 Designating +Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-296_Designating_Sign){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-297 +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-297_Penalties){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-281 Short +Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-281_Short_Title){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This article shall hereafter be known and cited as the \"swimming pool +regulations\" of the city. + +(Code 1999, § 5-281; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-282 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-282_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Install* means to build, construct, or erect in any manner all swimming +pools as defined in this section. + +*Swimming pool* means and includes every swimming pool that is +permanently installed in the ground or on the ground including in-ground +pools and above-ground pools requiring professional installation, but +not limited thereto. + +*Swimming pool contractor* means any person engaged in the business of +constructing, installing, repairing or servicing swimming pools as +defined in this section. + +(Code 1999, § 5-282; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-283 Application For +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-283_Application_For_License){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Before a swimming pool contractor shall be licensed to install any +swimming pool or make alternations or additions to existing swimming +pools, he shall file with the building official an application in +writing for a license to do such work. A license fee shall be applicable +as set forth in the city\'s schedule of fees. Such application shall be +filed with the building official of the city and information furnished +thereon shall include: + +1. Name of the applicant; +2. Address of the applicant; +3. Number of years\' experience in the swimming pool business; +4. Employment of the applicant over the last ten years; +5. A record of any convictions of such applicant on any felony criminal + charge; +6. Three references; and +7. Any other items deemed desirable by the building official. + +(Code 1999, § 5-283; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-284 Bond Prerequisite To +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-284_Bond_Prerequisite_To_Issuance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No swimming pool contractor\'s license shall be issued to any applicant +until the applicant therefor shall have deposited with the city clerk a +surety bond in the sum set by the city to be known as the swimming pool +contractor\'s bond. Such bond shall be executed by the swimming pool +contractor and the surety thereon shall be a corporate surety company +authorized to do business in the state. The bond shall be payable to the +city, and as a condition shall state that the licensee shall faithfully +and properly conduct his business in compliance with all ordinances of +the city relating to swimming pools and swimming pool contractors and +for the payment of all fines and penalties imposed for the violation of +such laws, and for the protection and indemnification of the city +against all damages resulting directly or indirectly from any injury to +persons or property on account of negligence or unskilled work of the +licensee. + +(Code 1999, § 5-284; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-285 +Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-285_Transfer){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person holding a swimming pool contractor\'s +license to transfer the same or allow the use of same, directly or +indirectly, by any other person for the purpose of obtaining a permit to +do any of the swimming pool work herein specified. + +(Code 1999, § 5-285; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-286 +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-286_Suspension){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The building official shall have the right to suspended for a maximum +period of one year the license of any swimming pool contractor for +violating any of the city ordinances relating to swimming pools. + +(Code 1999, § 5-286; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-287 Revocation Of +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-287_Revocation_Of_License){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city shall have the right to revoke the license of any swimming pool +contractor for a violation of any of the city ordinances relating to +swimming pools. + +(Code 1999, § 5-287; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-288 Expiration; +Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-288_Expiration;_Renewal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A swimming pool contractor\'s license shall expire annually. No + reduction in fee for a partial year shall be made. +2. Any person who holds a license in his name may renew the license + upon the payment of the fee to the city treasurer within 30 days + after expiration thereof, unless such license has been revoked prior + to expiration by the city. + +(Code 1999, § 5-288; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-289 Permits +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-289_Permits_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person acting as a swimming pool contractor or +such contractor\'s employee to construct, install, alter, or locate +within the city any swimming pool as defined in this article without the +contractor\'s obtaining a permit from the building department of the +city and paying the fee required by this article. Swimming pool +contractors shall be required to pull the necessary building permits, +and no such permit shall be issued to a homeowner. + +(Code 1999, § 5-289; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-290 Application For +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-290_Application_For_Permit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Application for swimming pool erection permits shall be made upon blanks +provided by the building official and shall contain or have attached the +following information: + +1. Name and address of the applicant; +2. Location of lot upon which the swimming pool is to be constructed; +3. The name of the person erecting such swimming pool; and +4. Such other information as the building official shall require to + show full compliance with this article and all other laws and + ordinances of the city. + +(Code 1999, § 5-290; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-291 +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-291_Issuance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is the duty of the building official upon the filing of an +application for a swimming pool erection permit, if it is in order and +in compliance with all the regulations of this article and other laws +and ordinances of the city, to issue the erection permit. If the work +authorized under an erection permit has not been completed prior to 12 +months from the date of issuance, the permit shall become null and void. + +(Code 1999, § 5-291; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-292 +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-292_Fees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every applicant, before being granted a swimming pool erection permit +under this article, shall pay to the city clerk the permit fee for each +swimming pool. + +(Code 1999, § 5-292; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-293 Revocation Of +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-293_Revocation_Of_Permit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The building official is hereby empowered and authorized to revoke any +swimming pool erection permit issued by him upon failure of the holder +thereof to comply with any provision of any city ordinance relating to +swimming pools. + +(Code 1999, § 5-293; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-294 +Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-294_Inspection){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The building official shall inspect at such times as he deems necessary +each swimming pool regulated by this article. + +(Code 1999, § 5-294; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-295 Zoning Restrictions And +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-295_Zoning_Restrictions_And_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Each swimming pool shall be defined as a structure and shall come + under the regulations of any structure in the zoning ordinances. +2. Each swimming pool falling under this article shall be required at + the time of installation a hookup to the sanitary sewer system for + draining and backwashing. +3. When a swimming pool is removed from the premises, any holes or + indentations in the ground shall be leveled so as to prevent water + collection or any other public health nuisance or hazard as defined + by this Code. +4. All pools, regardless of in-ground or above-ground, shall be + completely enclosed by a fence of at least four feet in height. + Openings in the fence shall be less than four inches in width. The + fence shall have self-closing and self-latching gates. +5. Special variances from the zoning ordinances relative to swimming + pools may be granted in the case of hardship upon application to the + board of adjustment and approval of such board. + +(Code 1999, § 5-295; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-296 Designating +Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-296_Designating_Sign){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Each swimming pool erected by a swimming pool contractor shall have a +sign designating who the swimming pool contractor was who installed the +swimming pool, placed in a conspicuous location on the street side of +the swimming pool. Such sign shall be a size of no less than two inches +in height and eight inches in width and shall be attached to the +swimming pool. + +(Code 1999, § 5-296; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[Sec 5-297 +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-297_Penalties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It shall be deemed an offense for any swimming pool contractor to engage +in the business of constructing, installing, repairing or servicing +swimming pools as defined in this section without a valid license from +the city. Each offense is punishable by a written citation. + +(Code 1999, § 5-297; Ord. No. 589(07), 7-16-2007) + +
+ +::: phx-name +[CHAPTER 5-3 PLUMBING CODE AND +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-3_PLUMBING_CODE_AND_REGULATIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 5-3A GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3A_GENERAL_PROVISIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 5-3B PLUMBERS\' +REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3B_PLUMBERS'_REGISTRATION){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- The Plumbing License Law of 1955, 59 O.S. § +1001 et seq.\ + +
+ +::: phx-name +[ARTICLE 5-3A GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3A_GENERAL_PROVISIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-301 Adoption Of The 2015 International Plumbing Code, As Amended +And Modified By The State Uniform Building Code Commission Pursuant To +59 OS Section +1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-301_Adoption_Of_The_2015_International_Plumbing_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-302 Additions, Insertions And +Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-302_Additions,_Insertions_And_Changes){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-303 +Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-303_Administration){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-304 Dangerous And Insanitary +Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-304_Dangerous_And_Insanitary_Construction){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-305 Backwater Valves; When Required; +Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-305_Backwater_Valves;_When_Required;_Specifications){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-306 Violations And +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-306_Violations_And_Penalties){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-301 Adoption Of The 2015 International Plumbing Code, As Amended +And Modified By The State Uniform Building Code Commission Pursuant To +59 OS Section +1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-301_Adoption_Of_The_2015_International_Plumbing_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Pursuant to section 2-15 of the Charter, the council may by ordinance +adopt, by reference, codes which shall be considered to have the same +effect as if set out in full in this Code. Pursuant to this authority, +the council hereby ordains that a certain document, at least one copy of +which is on file in the office of the city clerk, being marked and +designated as \"The International Plumbing Code 2015,\" as amended and +modified by the state uniform building code commission pursuant to 59 +O.S. § 1000.23, is hereby adopted as the plumbing code of the city; for +the control of buildings and structures as herein provided, referred to +herein as the \"plumbing code.\" Each and all of the regulations, +provisions, penalties, conditions and terms of the International +Plumbing Code are hereby referred to, adopted and made a part hereof, as +if fully set out in this Code, with the additions, insertions, and +changes, if any, as prescribed and set out herein. + +(Code 1999, § 5-301; Ord. No. 494(89), 9-5-1989; Ord. No. 559(91), +6-17-1991; Ord. No. 159(96), 7-1-1996; Ord. No. 179(97), 1-21-1997; Ord. +No. 374(02), 8-19-2002; Ord. No. 538(06), 2-21-2006; Ord. No. 637(08), +12-15-2008) + +**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[739(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324074_Ordinance%20No.%20739%20(13).pdf){.k-link +target="_blank" style="color:#0000EE"} on 2/4/2013\ +Amended by Ord. +[862(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334384_Ordinance%20No.%20862(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-302 Additions, Insertions And +Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-302_Additions,_Insertions_And_Changes){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following sections of the plumbing code are hereby revised, deleted, +or amended as set out below. Items in brackets \[ \] are phrases that +shall be deemed inserted into the appropriation section of the plumbing +code: + +1. Section 101.1, insert: \[City of Moore\]. +2. Section 106.6.2, Insert: \[As provided in the city\'s fee + schedule\]. +3. Section 108.4 Violation Penalties, delete existing language in this + section and replace with the following:\ + \[Penalties: Any person who shall violate a provision of this code, + or shall fail to comply with any of the requirements thereof, or who + shall install plumbing work in violation of an approved plan of + lawful directive of this code, shall be guilty of a municipal + offense, punishable by a fine of not more than \$200.00 or by + imprisonment not to exceed ten days, or both such fine and + imprisonment\]. +4. Section 109.2.1 Qualifications, delete existing language in this + section and replace with the following:\ + \[This board shall be composed of two members who shall be plumbing + contractors licensed with the city and two members who shall be + journeyman plumbers licensed with the city; the building official + shall serve as ex officio member\]. +5. Section 301.8 is hereby added and shall read as follows:\ + \[A public water main or public sewer system shall be considered + available to a building when the building is located within 200 feet + of the public water or sewer\]. +6. Section 305.4, delete last sentence and insert:\ + \[Water service piping shall be installed below record frost + penetration but not less than two feet below grade\]. +7. Insert section 703.7 to read as follows:\ + \[Building Sewer Sizing: Building sewer shall not be smaller than + three inches in diameter. All tapping saddles shall be plastic + saddle tees with one strap on each side of tee, completely secured + around main line. Building sewer pipe shall be for six-inch or + smaller PVC SCH-40 and for six-inch and larger either PVC SCH-40 or + Heavy Duty SDR-35. +8. Section 705.2.1, insert last sentence to read as follows:\ + \[Any elastomeric joint on an underground sewer shall be fully + banded\]. + +(Code 1999, § 5-302; Ord. No. 494(89), 9-5-1989; Ord. No. 559(91), +6-17-1991; Ord. No. 159(96), 7-1-1996; Ord. No. 179(97), 1-21-1997; Ord. +No. 374(02), 8-19-2002; Ord. No. 538(06), 2-21-2006; Ord. No. 579(07), +3-5-2007; Ord. No. 637(08), 12-15-2008) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[739(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324074_Ordinance%20No.%20739%20(13).pdf){.k-link +target="_blank" style="color:#0000EE"} on 2/4/2013\ +Amended by Ord. +[862(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334384_Ordinance%20No.%20862(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-303 +Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-303_Administration){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The administration and enforcement of this chapter shall be the +responsibility of the plumbing official who shall be the building +official, or his designee, unless another official is appointed. + +(Code 1999, § 5-303) + +
+ +::: phx-name +[Sec 5-304 Dangerous And Insanitary +Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-304_Dangerous_And_Insanitary_Construction){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any portion of a plumbing system found by the plumbing official to + be insanitary as defined herein is hereby declared to be a nuisance. +2. Whenever brought to the attention of the city that any insanitary + conditions exist or that any construction or work regulated by this + Code is dangerous, unsafe, insanitary, a nuisance or a menace to + life, health or property or otherwise in violation of this Code, + city personnel may request an investigation by the plumbing official + who, upon determining such information to be fact, shall order any + person using or maintaining any such condition or responsible for + the use or maintenance thereof to discontinue the use or maintenance + thereof or to repair, alter, remove or demolish same as he may + consider necessary for the proper protection of life, health or + property, and in the case of any gas piping or gas appliance may + order any person applying gas to such piping or appliance to + discontinue supplying gas thereto until such piping or appliance is + made safe to life, health or property. Every such order shall be in + writing, addressed to the owner, agent or person responsible for the + premises in which such condition exists and shall specify the date + or time for compliance with such order. +3. Refusal, failure or neglect to comply with any such notice or order + shall be considered a violation of this Code. +4. When any plumbing system is maintained in violation of this Code and + in violation of any notice issued pursuant to the provisions of this + section or where a nuisance exists in any building or on a lot on + which a building is situated, the plumbing official shall institute + any appropriate action or proceeding in any court of competent + jurisdiction to prevent, restrain, correct or abate the violation or + nuisance. + +(Code 1999, § 5-304) + +
+ +::: phx-name +[Sec 5-305 Backwater Valves; When Required; +Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-305_Backwater_Valves;_When_Required;_Specifications){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There shall be two directional cleanouts with a backwater valve in +between the two directional cleanouts near the junction of the building +drain and building sewer. The two directional cleanouts and backwater +valve shall be outside the building wall, provided that it is brought up +to finish grade. Backwater valves shall be subject to the following +specifications: + +1. The installation of backwater devices shall be in accordance with + lawful requirements of the administrative authority; +2. Backwater valves shall be installed in the building drain branch + which receives only the discharge from fixtures connected to + branches which are located below ground level; +3. Backwater valves shall have all bearing parts of corrosion-resistant + material; +4. Backwater valves shall be installed so their working parts will be + readily accessible for service and repairs; and +5. Backwater valves shall be constructed so a mechanical seal against + backflow will be provided. + +(Code 1999, § 5-305) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[868(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334719_Ordinance%20No.%20868(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-306 Violations And +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-306_Violations_And_Penalties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any person violating any provisions of this chapter shall be deemed + guilty of an offense and, upon conviction thereof, shall be + punishable as provided in section 1-108 or by revocation of the + plumber\'s license, or by both fine and revocation of the plumber\'s + license. Each separate day or any portion thereof during which any + violation of this chapter occurs or continues shall be deemed to + constitute a separate offense, and, upon conviction thereof, shall + be punished as herein provided. +2. The issuance or granting of a permit or approval of plans and + specifications shall not be deemed or construed to be a permit for + or an approval of any violation of any of the provisions of this + chapter. No permit presuming to give authority to violate or cancel + the provisions of this chapter shall be valid, except insofar as the + work or use which it authorized is lawful. + +(Code 1999, § 5-306) + +
+ +::: phx-name +[ARTICLE 5-3B PLUMBERS\' +REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3B_PLUMBERS'_REGISTRATION){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-311 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-311_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-312 Contractors To Be +Registered](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-312_Contractors_To_Be_Registered){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-313 Contractor\'s Registration Not +Transferable](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-313_Contractor's_Registration_Not_Transferable){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-314 Amendment Of Contractor\'s +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-314_Amendment_Of_Contractor's_Registration){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-315 Employment Of +Contractor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-315_Employment_Of_Contractor){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-316 Contractor\'s Place Of Business, Telephone, +Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-316_Contractor's_Place_Of_Business,_Telephone,_Sign){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-317 Display Of Contractor\'s Sign And Registration +Number](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-317_Display_Of_Contractor's_Sign_And_Registration_Number){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-318 Contractors Employing Unqualified +Workmen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-318_Contractors_Employing_Unqualified_Workmen){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-319 Partnerships, Firms And Corporations In Plumbing +Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-319_Partnerships,_Firms_And_Corporations_In_Plumbing_Business){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-320 Issuance Of Contractor\'s Registration, Expiration, Renewal, +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-320_Issuance_Of_Contractor's_Registration,_Expiration,_Renewal,_Fees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-321 Failure To Renew Contractor\'s +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-321_Failure_To_Renew_Contractor's_Registration){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-322 Time For Contractor Registration, Partial Year Registration +Expiration +Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-322_Time_For_Contractor_Registration,_Partial_Year_Registration_Expiration_Date){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-323 Contractor\'s Registration Revocation, +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-323_Contractor's_Registration_Revocation,_Suspension){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-324 Journeymen To Be Licensed, +Registered](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-324_Journeymen_To_Be_Licensed,_Registered){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-325 Supervision Of +Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-325_Supervision_Of_Journeymen){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-326 Registration Of Apprentices Required; +Supervision](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-326_Registration_Of_Apprentices_Required;_Supervision){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-327 Number Of +Apprentices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-327_Number_Of_Apprentices){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- The Plumbing License Law of 1955, 59 O.S. § +1001 et seq.\ + +
+ +::: phx-name +[Sec 5-311 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-311_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Apprentice* or *plumber\'s apprentice* means any person 16 years of age +or over who is engaged in learning and assisting in the installation of +plumbing under the direct supervision of a licensed journeyman plumber +or plumbing contractor. + +*Journeyman plumber* means any person who performs the manual work of +installing plumbing under the direction of a master plumber or plumbing +contractor. This definition may be construed to mean any person who has +qualified and is licensed under The Oklahoma State Plumbing Licensing +Law of 1955 (59 O.S. § 1001 et seq.) to act as a journeyman plumber +according to the requirements of such Law. + +*Plumbing contractor* means any person skilled in the planning, +superintending and practical installation of plumbing and is familiar +with the laws, rules and regulations governing the same. This definition +may be construed to mean any person who has qualified and is licensed +under the Oklahoma State Plumbing Licensing Law, who may operate as an +individual, a firm, partnership or corporation to engage in the business +of plumbing, or the business of contracting to do, or furnish labor or +labor and materials for the installation, repair, maintenance or +renovation of plumbing, according to the requirements of the Oklahoma +State Plumbing Licensing Law of 1955 (59 O.S. § 1001 et seq.) + +(Code 1999, § 5-311) + +
+ +::: phx-name +[Sec 5-312 Contractors To Be +Registered](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-312_Contractors_To_Be_Registered){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall operate a place of business or engage in the business of +contracting to do plumbing or the installation of plumbing fixtures or +any sanitary equipment or installation of lawn sprinklers or making +connections with a water sewer main until he has complied with the +requirements of this article and has been registered and bonded as a +plumbing contractor. The certificate of registration shall be issued +only to individuals who have furnished satisfactory evidence of +compliance with the laws of the state, and satisfactory evidence of +responsibility and skill as provided by this article. The registration +shall show thereon the individual\'s business address and his business +connections. + +(Code 1999, § 5-312; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-313 Contractor\'s Registration Not +Transferable](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-313_Contractor's_Registration_Not_Transferable){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A plumbing contractor\'s registration shall not be transferred, loaned +or assigned. + +(Code 1999, § 5-313; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +
+ +::: phx-name +[Sec 5-314 Amendment Of Contractor\'s +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-314_Amendment_Of_Contractor's_Registration){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In the event the person holding a certificate of registration, or +license, as a plumbing contractor changes his business address or his +business connection, association or employment, he shall, within five +days thereafter, notify the plumbing inspector of such change and +present his certificate of registration to the plumbing inspector for +amendment. The plumbing inspector shall thereupon write in the +certificate of registration the new address or business connection, or +both, together with the date of the change thereof and note the changes +in the records of his office. + +(Code 1999, § 5-314; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +
+ +::: phx-name +[Sec 5-315 Employment Of +Contractor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-315_Employment_Of_Contractor){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person other than a plumbing contractor shall hire, engage, or employ +any person to do any plumbing within the city, or work that connects +with a city water or sewer main outside the city, who is not a licensed +and registered plumbing contractor under the terms of this article. + +(Code 1999, § 5-315; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-316 Contractor\'s Place Of Business, Telephone, +Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-316_Contractor's_Place_Of_Business,_Telephone,_Sign){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person engaged in the business of, and operating as, a plumbing +contractor within the city shall maintain a regular place of business, a +telephone listed with the telephone company as a business phone and +display a sign bearing the firm\'s name and registration number. + +(Code 1999, § 5-316; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +
+ +::: phx-name +[Sec 5-317 Display Of Contractor\'s Sign And Registration +Number](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-317_Display_Of_Contractor's_Sign_And_Registration_Number){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It shall be the duty of every plumbing contractor to display his sign +and state license on all cars and trucks used in the operation of his +business. The signs and state license numbers on all cars and trucks +used in the operation of his business shall be printed on both sides of +the vehicles with letters and figures of not less than two-inch +lettering and numbers. + +(Code 1999, § 5-317; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-318 Contractors Employing Unqualified +Workmen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-318_Contractors_Employing_Unqualified_Workmen){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is hereby declared unlawful and an offense for any plumbing +contractor to employ any person to work at the trade of plumbing unless +the person employed is licensed and registered under the ordinances of +the city, except such work as may be done by apprentices holding permits +to work as such as provided by this article. + +(Code 1999, § 5-318; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +
+ +::: phx-name +[Sec 5-319 Partnerships, Firms And Corporations In Plumbing +Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-319_Partnerships,_Firms_And_Corporations_In_Plumbing_Business){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A partnership, firm, corporation or business trust may only engage in +the plumbing business within the city through one bona fide member of +the partnership, firm or business trust, or one officer of the +corporation, who carries and holds a license and certificate of +registration as a plumbing contractor and who is bonded as such. In the +event the person or member holding the license or certificate of +registration should leave the employment of, or be discharged by, or +sever his connections with, or lose his status as a member or officer of +the partnership, firm, corporation or business trust which is operating +under his license and certificate of registration and through him, the +authority of the firm, corporation or business trust to do business +shall immediately cease and they or it must qualify under and comply +with the terms of this article before any further business is conducted, +except that the partnership, firm, corporation, or business trust may +continue to engage in the plumbing business within the city for a period +of 60 days from the time the license-carrying and registered member +thereof is called for and is actually engaged in military service or +training for any branch of the armed services of the United States of +America, provided the fees and bonds required by this article are kept +in full force and effect. + +(Code 1999, § 5-319; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-320 Issuance Of Contractor\'s Registration, Expiration, Renewal, +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-320_Issuance_Of_Contractor's_Registration,_Expiration,_Renewal,_Fees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +An applicant for a plumbing contractor\'s certificate of registration, +after complying with the laws of the state and with this article, and +after payment of the fee hereinafter specified, shall be registered by +the city clerk. The initial registration fee shall be as established by +resolution and each annual renewal fee shall be as established by +resolution. Plumbing contractors desiring to renew their registration +shall furnish the same evidence of compliance with state licensing laws +as furnished and required upon initial registration. + +(Code 1999, § 5-320; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-321 Failure To Renew Contractor\'s +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-321_Failure_To_Renew_Contractor's_Registration){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All plumbing contractor registrations not renewed within 30 days after +the date of expiration thereof shall be canceled and a new application +for registration must be made and the fee for a new registration paid. + +(Code 1999, § 5-321; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +
+ +::: phx-name +[Sec 5-322 Time For Contractor Registration, Partial Year Registration +Expiration +Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-322_Time_For_Contractor_Registration,_Partial_Year_Registration_Expiration_Date){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A plumbing contractor\'s registration may be applied for and secured at +any time during the year, but in no event shall the fee paid for the +registration be less than for a full year. All registrations shall +expire on August 31 of each calendar year. + +(Code 1999, § 5-322; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +
+ +::: phx-name +[Sec 5-323 Contractor\'s Registration Revocation, +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-323_Contractor's_Registration_Revocation,_Suspension){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +For good and sufficient cause the plumbing inspector and the health +officer may revoke the certificate of registration of any plumbing +contractor and thereafter he shall not be permitted to do business or +work within the city or on premises connected with the city water or +sewer system. In the event of such revocation, the holder of such +registration may appeal to the plumbing board and the action of the +board shall be final. + +(Code 1999, § 5-323; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +
+ +::: phx-name +[Sec 5-324 Journeymen To Be Licensed, +Registered](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-324_Journeymen_To_Be_Licensed,_Registered){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall engage in or work at the trade of journeyman plumber in +the city without having first been licensed as provided by state law. + +(Code 1999, § 5-324; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-325 Supervision Of +Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-325_Supervision_Of_Journeymen){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A journeyman plumber shall at all times while working at his trade be in +the employment of a plumbing contractor who is licensed and registered +under the terms of this article as a plumbing contractor. + +(Code 1999, § 5-325; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-326 Registration Of Apprentices Required; +Supervision](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-326_Registration_Of_Apprentices_Required;_Supervision){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person desiring to serve as an apprentice at the trade of plumbing +in the city must first be licensed as provided by state law. + +(Code 1999, § 5-329; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-327 Number Of +Apprentices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-327_Number_Of_Apprentices){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No journeyman plumber shall at any one time have more than three +apprentices working under his supervision. + +(Code 1999, § 5-331; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96), +7-1-1996; Ord. No. 179(97), 1-21-1997) + +
+ +::: phx-name +[CHAPTER 5-4 ELECTRIC +CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-4_ELECTRIC_CODE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 5-4A GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4A_GENERAL_PROVISIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 5-4B ELECTRICAL CONTRACTOR\'S AND ELECTRICIAN\'S +REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4B_ELECTRICAL_CONTRACTOR'S_AND_ELECTRICIAN'S_REGISTRATION){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Electrical License Act, 59 O.S. § 1680 et +seq.\ + +
+ +::: phx-name +[ARTICLE 5-4A GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4A_GENERAL_PROVISIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-401 Adoption Of The National Electrical Code; NFPA +70](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-401_Adoption_Of_The_National_Electrical_Code;_NFPA_70){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-402 Provisions Declared To Be Minimum +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-402_Provisions_Declared_To_Be_Minimum_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-403 Electrical Installation Permit +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-403_Electrical_Installation_Permit_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-404 Temporary Permit; +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-404_Temporary_Permit;_Fees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-405 Inspection, Not To +Conceal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-405_Inspection,_Not_To_Conceal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-406 Denial Of Permit; Certificate Of Inspection, Utility +Companies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-406_Denial_Of_Permit;_Certificate_Of_Inspection,_Utility_Companies){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-407 Wiring Protection, When +Inspected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-407_Wiring_Protection,_When_Inspected){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-408 Defective Workmanship And +Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-408_Defective_Workmanship_And_Materials){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-409 Relocated +Buildings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-409_Relocated_Buildings){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-410 Inspection No Relief From +Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-410_Inspection_No_Relief_From_Responsibility){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-411 Electrical +Committee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-411_Electrical_Committee){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-401 Adoption Of The National Electrical Code; NFPA +70](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-401_Adoption_Of_The_National_Electrical_Code;_NFPA_70){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. For the purposes of establishing basic minimum requirements + necessary for safety in the use of electricity, and of prescribing + rules and regulations governing the installation of electrical + wiring and appliances within the city, there is hereby adopted that + certain code known as the 2014 National Electrical Code---NFPA 70, + as adopted by the state uniform building code commission pursuant to + 59 O.S. § 1000.23, thereof and the whole thereof, save and except + such provisions as are hereinafter deleted, modified or amended, + referred to herein as the \"electrical code\"; of which code not + less than one copy has been and now is filed in the office of the + clerk. The electrical code is hereby incorporated as fully as if set + out at length herein. +2. The 2014 National Electric Code is hereby amended as follows: + 1. Insert new section 305 to read as follows:\ + Aluminum wire may only be used if it is sized at 4/0 or larger, + used for service and feeders only and installed as per + manufacturer\'s installation instructions. + 2. Insert new section 300.1(D) to read as follows:\ + All commercial structures shall be wired in conduit. NM cable + shall not be used. + 3. Section 210.19(A)(4) is hereby amended by:\ + Deleting the number \"14\" and inserting the number \"12.\" + 4. Section 250.118 is hereby deleted and the following language is + hereby substituted:\ + 250.118 Types of Equipment Grounding Conductors. The equipment + grounding conductor run with the circuit conductors shall be + copper only. This conductor shall be solid or stranded; + insulated, covered, or bare; and in the form of a wire of any + shape.\ + All raceways or cable assemblies shall include a green or bare + equipment grounding conductor. Said conductor shall be bonded to + all non-current carrying metal parts of the electrical system. + 5. Section 680.23(A)(4) is hereby amended by:\ + Deleting the number \"150\" and inserting the number \"15.\" + 6. Section 680.23(A)(2) is hereby amended by adding the following + language:\ + A ground fault circuit interrupter shall be installed in branch + circuits that supply low voltage lighting transformers. + +(Code 1999, § 5-401; Ord. No. 424(87), 2-17-1987; Ord. No. 33(92), +9-21-1992; Ord. No. 183(97), 4-7-1997; Ord. No. 375(02), 8-19-2002; Ord. +No. 535(06), 2-21-2006; Ord. No. 634(08), 12-15-2008) + +**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[740(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324349_Ordinance%20No.%20740%20(13).pdf){.k-link +target="_blank" style="color:#0000EE"} on 2/4/2013\ +Amended by Ord. +[861(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-402 Provisions Declared To Be Minimum +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-402_Provisions_Declared_To_Be_Minimum_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions of the 2014 National Electrical Code, in their +interpretation and application shall be held to be minimum requirements +adopted for the promotion of public health, safety and general welfare. +Wherever any of the provisions or requirements of the 2014 National +Electrical Code are inconsistent with the provisions of this Code or +state statutes presently existing or enacted in the future, the +provisions or requirements containing the most restrictive regulation +shall apply and govern. + +(Code 1999, § 5-402) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[861(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-403 Electrical Installation Permit +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-403_Electrical_Installation_Permit_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall begin work on any electrical facilities installation + within the corporate limits of the city without first securing the + required permit from the electrical inspector +2. Permits shall be issued only to electrical contractors with current + unrevoked state licenses and current unrevoked city registration + certificates. + +(Code 1999, § 5-403) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[861(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-404 Temporary Permit; +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-404_Temporary_Permit;_Fees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Where for good and sufficient cause it is necessary to have electricity +on any installation before the final certificate can be issued, the +electrical inspector may, if all parts to which currents are applied are +in a safe and satisfactory condition, issue a temporary permit. However, +before the temporary permit is issued, the party requesting it shall pay +to the city the fee as provided in the fee schedule. The permit then +received shall be in force for a period of 30 days from its date; and at +the end of 30 days, and each succeeding 30 days thereafter, for each +term so requested, the fee shall be as provided in the fee schedule. + +(Code 1999, § 5-404) + +
+ +::: phx-name +[Sec 5-405 Inspection, Not To +Conceal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-405_Inspection,_Not_To_Conceal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. In making inspection of new work \"rough-in,\" the electrical + inspector shall leave a tag in the cabinet plainly stating whether + the work has been approved and is ready to conceal, or that work + does not meet standards and must not be covered until approved by + the electrical inspector. +2. It is unlawful for any person to conceal or cause to be concealed + any electrical conductors used for electric lights, heat or power + until such time as he knows the work has been approved by the + electrical inspector. A tag in the cabinet properly signed and dated + so stating the inspector\'s approval will be sufficient notice. + +(Code 1999, § 5-405) + +
+ +::: phx-name +[Sec 5-406 Denial Of Permit; Certificate Of Inspection, Utility +Companies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-406_Denial_Of_Permit;_Certificate_Of_Inspection,_Utility_Companies){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The electrical inspector shall have and is hereby given the + authority to refuse to issue a permit for the installation of + electrical facilities in or on any building when, in his estimation, + the wiring done or proposed to be done is unsafe or not in + accordance with the provisions of this chapter. If after a permit is + issued the work installed under such permit for any reason does not + comply with the regulations of this chapter, the inspector shall + refuse to issue a certificate of inspection. +2. No electric light or power company shall connect to any electrical + facilities of any kind whatsoever until furnished with a certificate + of inspection or a permit for such connection duly executed by the + electrical inspector. All electric light or power companies, whether + operating under a regular franchise granted by the city or not, + shall, upon written notice from the electrical inspector, disconnect + from any circuit or service designated by the notice from the + inspector. +3. The electrical inspector shall enforce all the provisions of this + chapter. Whenever he shall be notified by any citizen of any + violation of this chapter or of the existence of any dangerous or + defective electrical facilities, he shall make an investigation + thereof without delay. +4. Whenever any electrical facilities are found by the electrical + inspector to be unsafe or defective or in an insecure condition, he + shall notify the owner or person in control thereof, in writing, to + repair or remove the defective facilities, and upon such person\'s + failure to repair or remove same within such time as the inspector + may deem necessary, which time shall be stated in such notice, the + inspector shall cause the service connected to such facilities to be + discontinued. + +(Code 1999, § 5-406) + +
+ +::: phx-name +[Sec 5-407 Wiring Protection, When +Inspected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-407_Wiring_Protection,_When_Inspected){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No owner, contractor or worker shall in any manner interfere with + any electrical facilities being installed in or on any building. If + in the course of the erection of a building the facilities are in + such position as to interfere with its erection or completion as + called for by the plans, notice shall be immediately given the + person installing the facilities, and the needed change shall be + made by such person upon approval for such modification by the + electrical inspector. Upon inspecting the electrical facilities of + any building, the electrical inspector shall leave notice in the + form of a tag or label attached to the electrical facilities. The + notice shall clearly state whether the electrical facility is + approved or is to be kept open for corrections; and no person shall + lath, seal or in any way conceal any electrical facility until he is + informed and knows that such wiring has been approved. +2. The electrical inspector shall furnish such person or licensed + electrical contractor with a certificate, which shall state that + such electrical facility is approved only so far as \"roughing-in\" + is concerned, and that it is not the final certificate, and does not + entitle the electric light or power company to connect its service + to the electrical facilities. A certificate entitling the electric + light or power company to connect its service to electrical + facilities shall be furnished only after all fixtures are in place + and final inspection is made. + +(Code 1999, § 5-407) + +
+ +::: phx-name +[Sec 5-408 Defective Workmanship And +Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-408_Defective_Workmanship_And_Materials){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person, firm or corporation engaged in the business of electrical +contracting for the installation of wiring and apparatus for electric +light, heat or power in the city, who fails to correct promptly any +defects in any work done by him contrary to this Code, after having been +notified by the electrical inspector, shall not be issued any further +permits until such defects have been corrected; and in any case in which +any person shall continue to or persistently violate this Code in regard +to electrical work, or the orders of the electrical inspector in +relation to same, the registration and permit of such person shall be +suspended or revoked. + +(Code 1999, § 5-408) + +
+ +::: phx-name +[Sec 5-409 Relocated +Buildings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-409_Relocated_Buildings){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +When a building or a portion of a building containing electric wiring is +moved from its foundation, the owner shall have the electric wiring and +equipment in the building inspected and repaired where necessary to +provide for adequate service, branch circuits, receptacles and +grounding. + +(Code 1999, § 5-409) + +
+ +::: phx-name +[Sec 5-410 Inspection No Relief From +Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-410_Inspection_No_Relief_From_Responsibility){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This Code shall not be construed to relieve or lessen the responsibility +of any person, partnership or corporation owning or operating or +installing electric wires, appliances, apparatus, construction or +equipment for the damage to property or persons injured by any defect +therein; nor shall the city, or any agent thereof, be deemed to assume +such liability by reason of the inspection authorized herein or the +certificate of inspection issued by the electrical inspector. + +(Prior Code, § 5-92; Code 1999, § 5-410) + +
+ +::: phx-name +[Sec 5-411 Electrical +Committee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-411_Electrical_Committee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. An electrical board is hereby created and established. The board + shall consist of five members, including four appointive members and + one ex officio member. The appointive members shall be appointed by + the mayor and confirmed by the city council. The ex officio member + shall be the electrical inspector. The appointive members shall be + qualified as follows: + 1. Two members shall be active as electrical contractors; + 2. Two members shall be active as journeymen electricians.\ + The appointive members shall hold office for a term of two years + and may be removed for cause. Vacancies shall be filled by + appointment for the unexpired term. The appointive members may + receive a compensation if so established by the city council. + Two members of the board present at any meeting shall constitute + a quorum for the transaction of business. The concurring vote of + not less than two members is necessary to constitute an official + action of the board. The ex officio member shall have voting + power and shall be counted in determining a quorum. +2. The board shall, with the electrical inspector, hear, pass on and + settle any disputes that may arise pertaining to the provisions of + this article. The board shall prescribe a procedure and order of + business for hearing applications for certificates of registration + and hearing appeals from the decisions of the electrical inspector + and aggrievement appeals as provided herein. + +(Prior Code, §§ 5-126---5-132, in part; Code 1999, § 5-411) + +
+ +::: phx-name +[ARTICLE 5-4B ELECTRICAL CONTRACTOR\'S AND ELECTRICIAN\'S +REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4B_ELECTRICAL_CONTRACTOR'S_AND_ELECTRICIAN'S_REGISTRATION){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-421 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-421_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-422 Registration +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-422_Registration_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-423 Classification Of Registration +Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-423_Classification_Of_Registration_Certificate){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-424 Registration Fee, Annual Renewal +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-424_Registration_Fee,_Annual_Renewal_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-425 Journeyman Electrician\'s Registration +Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-425_Journeyman_Electrician's_Registration_Certificate){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-426 Electrical Apprentice\'s Registration +Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-426_Electrical_Apprentice's_Registration_Certificate){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Electrical License Act, 59 O.S. § 1680 et +seq.\ + +
+ +::: phx-name +[Sec 5-421 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-421_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Administrative authority* or *electrical inspector* means the +electrical inspector, or the building official or his designee if no +electrical inspector is appointed. + +*Electrical apprentice* means any person 16 years of age or older whose +principal occupation is the learning of and assisting in the +installation of electrical work under the direct supervision of a +licensed journeyman electrician or electrical contractor. Each +apprentice shall be in possession of a valid electrical apprentice +license issued by the state. + +*Electrical contractor* means any person skilled in the planning, +superintending and practical installation of electrical facilities who +is familiar with the laws, rules and regulations governing such work. +The term \"electrical contractor\" also means any individual, firm, +partnership, corporation or business performing skills of an electrical +contractor, of an electrician or the business of contracting or +furnishing labor or labor and materials for the installation, repair, +maintenance or renovation of electrical facilities according to the +provisions of the Electrical License Act (59 O.S. § 1680 et seq.). Each +electrical contractor shall be in possession of a valid electrical +contractor license issued by the state. + +*Electrical facilities* means all wiring, fixtures, apparatus, +appurtenances and appliances for and in connection with a supply of +electricity within or adjacent to any building, structure or conveyance +on the premises, but not including the connection with a power supply +meter or other power supply source. + +*Electrician* means any person engaged in electrical wiring in the city. + +*Journeyman electrician* means any person other than an electrical +contractor who engages in the actual installation, alteration, repair or +renovation of electrical facilities unless specifically exempted by the +provisions of the Electrical License Act. Each journeyman electrician +shall be in possession of a valid journeyman electrician\'s license +issued by the state. + +(Code 1999, § 5-421) + +
+ +::: phx-name +[Sec 5-422 Registration +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-422_Registration_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall conduct, carry on or engage in the business of + electrical installation, maintaining, altering or repairing any + wiring, fixtures or equipment for the conducting of electrical + current or act in the capacity of an electrical contractor without + first having issued to him a valid and unrevoked electrical + contractor\'s license as provided by state law and an electrical + contractor\'s registration certificate issued by the city. +2. No person shall labor at the trade of electrician in the capacity of + a journeyman electrician within the city without first having had + issued to him a valid and unrevoked journeyman electrician\'s + license issued by the city as provided by state law. +3. No person shall labor at the trade of electrician in the capacity of + an electrical apprentice within the city without first having had + issued to him a valid and unrevoked apprentice electrician + registration certificate as provided by state law. +4. A partnership, firm, corporation or business trust may only engage + in the electrical business within the city through one bona fide + member of the partnership or firm, or one officer of the corporation + or business trust, who has legal authority to act for such + partnership, firm, corporation or business trust and who carries and + holds a license under state law as an electrical contractor and who + has registered such license as required by this article. In the + event the person or member holding the license or certification of + registration should leave or sever his connection with or lose his + status as a member or officer of the partnership, firm, corporation + or business trust, or in the event he is called for, and while he is + serving in the armed forces of the United States, such firm, + partnership, corporation or business trust may continue to engage in + the electrical business for a period not to exceed six months from + death or call to service. However, all fees required by this article + shall be paid and kept in full force, and a duly registered + electrical contractor shall assume in writing the supervision of + such work. + +(Prior Code, § 5-146, in part; Code 1999, § 5-422) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-423 Classification Of Registration +Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-423_Classification_Of_Registration_Certificate){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There shall be one class of electrical registration certificates, which +shall be known as follows: Electrical contractor. + +(Code 1999, § 5-423) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-424 Registration Fee, Annual Renewal +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-424_Registration_Fee,_Annual_Renewal_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The registration and renewal fees and bond requirements of + electrical contractors shall be as provided in the fee and bond + schedules. +2. Every person applying for an electrical registration certificate + shall, upon acceptance of his qualifications by the city, at the + time he makes such application, pay to the city the fees as provided + in the fee schedule and post bond as required in this section. +3. Applicants for registration shall pay to the city the required + registration fees. The fees shall be paid after all requirements are + met. +4. Annual renewal of registration certificates shall be accomplished by + payment of the renewal fees as provided herein. A receipt and + registration certificate for the appropriate year shall be issued by + the city upon payment of annual renewal fees. The registration + number shall remain the same each year. +5. A registration certificate shall be issued to the person named on + the certificate who shall be known as the holder of the certificate. +6. A registration certificate shall expire annually. All registrations + shall expire on August 31 of each calendar year. +7. Renewal applications and fees must be received by the city within 30 + days after the expiration of the certificate or else the applicant + must proceed in the manner required of a new or initial applicant. + +(Prior Code, § 5-154, in part; Code 1999, § 5-424) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-425 Journeyman Electrician\'s Registration +Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-425_Journeyman_Electrician's_Registration_Certificate){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall work as a journeyman electrician unless he holds a valid +unrevoked state license as provided for herein. No journeyman +electrician shall perform any electrical wiring installation except +through a licensed and registered electrical contractor and shall +perform all installations, alterations and repairs of electrical wiring, +fixtures and equipment in accordance with this Code. + +(Code 1999, § 5-425) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-426 Electrical Apprentice\'s Registration +Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-426_Electrical_Apprentice's_Registration_Certificate){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Under no circumstances shall an electrical apprentice perform any duty +or phase of electrical installation unless a journeyman electrician or +electrical contractor is on the project during such installation and +such electrical apprentice is directly supervised by a journeyman +electrician or electrical contractor. + +(Code 1999, § 5-426) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[CHAPTER 5-5 MECHANICAL +CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-5_MECHANICAL_CODE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 5-5A GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5A_GENERAL_PROVISIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 5-5B +REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5B_REGISTRATION){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Mechanical Licensing Act, 59 O.S. § 1850.1 et +seq.\ + +
+ +::: phx-name +[ARTICLE 5-5A GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5A_GENERAL_PROVISIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-501 Adoption Of 2015 International Mechanical Code, As Adopted By +The State Uniform Building Code Commission Pursuant To 59 OS Section +1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-501_Adoption_Of_2015_International_Mechanical_Code,_As_Adopted_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-502 Additions, Insertions And +Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-502_Additions,_Insertions_And_Changes){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-503 +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-503_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-504 Provisions Declared To Be Minimum +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-504_Provisions_Declared_To_Be_Minimum_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-505 Mechanical +Official](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-505_Mechanical_Official){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-506 Violations And +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-506_Violations_And_Penalties){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-501 Adoption Of 2015 International Mechanical Code, As Adopted By +The State Uniform Building Code Commission Pursuant To 59 OS Section +1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-501_Adoption_Of_2015_International_Mechanical_Code,_As_Adopted_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. That certain document, being marked and designated as \"2015 + International Mechanical Code,\" as adopted by the state uniform + building code commission pursuant to 59 O.S. § 1000.23, is hereby + adopted as the mechanical code of the city; for the control of + buildings and structures as herein provided; and each and all of the + regulations, provisions, penalties, conditions and terms of the 2015 + International Mechanical Code are hereby referred to, adopted and + made a part hereof, as if fully set out in this Code, with the + additions, insertions, deletions and changes, if any, hereinafter + adopted. +2. Subsequent revisions, modifications, codifications or editions of + the code adopted herein shall become effective in the city as they + are available, issued, and adopted by the city. +3. The provisions of the Underwriters Laboratories Inc., as to + mechanical equipment and appliances, fuel supply, combustion air, + chimneys and vents, duct and piping, kitchen exhaust, ventilation + and energy conservation as may hereafter take place will be the + standards applicable in the city. + +(Code 1999, § 5-501; Ord. No. 493(89), 9-5-1989; Ord. No. 58(94), +2-22-1994; Ord. No. 276(00), 4-17-2000; Ord. No. 373(02), 8-19-2002; +Ord. No. 537(06), 2-21-2006; Ord. No. 636(08), 12-15-2008) + +**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[738(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf){.k-link +target="_blank" style="color:#0000EE"} on 2/4/2013\ +Amended by Ord. +[860(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334174_Ordinance%20No.%20860(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-502 Additions, Insertions And +Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-502_Additions,_Insertions_And_Changes){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The code adopted in section 5-501 shall be known and cited as the + city\'s mechanical code. All persons shall comply with the + provisions of the code. +2. The following sections are hereby revised as follows: + 1. M-101.1 Title: These regulations shall be known as the + Mechanical Code of the City of Moore, Oklahoma, hereinafter + referred to as \"this code.\" + 2. Section 106.5.2 Fee Schedule: Insert: As provided in the city\'s + fee schedule. + 3. Section 108.4 Violation Penalties: Insert: Refer to City Code + section 1-108, General and specific penalties; suspension or + revocation of license or permit. + 4. Section 108.4.1 Unlawful continuance: Insert: Refer to City Code + section 1-108, General and specific penalties; suspension or + revocation of license or permit. + 5. Section 109.2 Membership of board: Amended to read as follows:\ + There is hereby created a mechanical board for the city, which + shall be composed of the building official of the city, who + shall be ex officio chairman of the board; a second board member + who shall be a licensed mechanical contractor; a third member + who shall be a licensed mechanical contractor; and a fourth + member who shall be a licensed mechanical journeyman. The + second, third, and fourth members shall be appointed by the city + council for a term of two years, and each shall serve until his + successor is appointed and qualified unless sooner removed for + cause. The second and third members shall have been actively + engaged in such occupation for a period of not less than five + years immediately preceding the date of his appointment. + 6. Section 603.8 is amended to read as follows:\ + Exceptions: + 1. All ducts installed underslab shall be graded to access + plenum or boot. + +(Code 1999, § 5-502; Ord. No. 493(89), 9-5-1989; Ord. No. 58(94), +2-22-1994; Ord. No. 276(00), 4-17-2000; Ord. No. 373(02), 8-19-2002; +Ord. No. 537(06), 2-21-2006; Ord. No. 636(08), 12-15-2008) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[738(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf){.k-link +target="_blank" style="color:#0000EE"} on 2/4/2013\ +* +::: + +
+ +::: phx-name +[Sec 5-503 +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-503_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall engage in any work covered by the mechanical code + without first securing a permit from the city. +2. The permit fees shall be as set by the city by motion or resolution. + +(Code 1999, § 5-503) + +
+ +::: phx-name +[Sec 5-504 Provisions Declared To Be Minimum +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-504_Provisions_Declared_To_Be_Minimum_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions of the International Mechanical Code, 2015 edition, in +their interpretation and application shall be held to be minimum +requirements adopted for the promotion of public health, safety and +general welfare. Wherever any of the provisions or requirements of this +code are inconsistent with the provisions of this Code or state statutes +presently existing or enacted in the future, the provisions or +requirements containing the most restrictive regulation shall apply and +govern. + +(Code 1999, § 5-504; Ord. No. 373(02), 8-19-2002; Ord. No. 537(06), +2-21-2006; Ord. No. 636(08), 12-15-2008) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[738(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf){.k-link +target="_blank" style="color:#0000EE"} on 2/4/2013\ +Amended by Ord. +[860(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334174_Ordinance%20No.%20860(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-505 Mechanical +Official](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-505_Mechanical_Official){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The term \"administrative authority\" or \"mechanical official\" + means the mechanical official, or the building official or his + designee if no mechanical official is appointed through the chain of + authority that is in effect when applying this code. +2. The administration and enforcement of the mechanical code shall be + the responsibility of the mechanical official through the + departmental structure that is in effect when applying this code. + +(Code 1999, § 5-505) + +
+ +::: phx-name +[Sec 5-506 Violations And +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-506_Violations_And_Penalties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any person, firm or corporation violating any provisions of this + chapter shall be deemed guilty of an offense and, upon conviction + thereof, shall be punishable as provided by section 1-108 or by + revocation of the applicable city license. Each separate day or any + portion thereof during which any violation of this chapter occurs or + continues shall be deemed to constitute a separate offense, and, + upon conviction thereof, shall be punishable as herein provided. +2. The issuance or granting of a permit or approval of plans and + specifications shall not be deemed or construed to be a permit for, + or an approval of, any violation of any of the provisions of this + chapter. No permit presuming to give authority to violate or cancel + the provisions of this chapter shall be valid except insofar as the + work or use which it authorized is lawful. The issuance or granting + of a permit or approval of plans shall not prevent the mechanical + official from thereafter requiring the correction of errors in the + plans and specifications or from preventing construction operations + being carried on thereunder when in violation of this chapter or any + other ordinance or from revoking any certificate of approval when + issued in error. + +(Code 1999, § 5-506) + +
+ +::: phx-name +[ARTICLE 5-5B +REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5B_REGISTRATION){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-511 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-511_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-512 License And Registration +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-512_License_And_Registration_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-513 Registration +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-513_Registration_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-514 Issuance Of Registration +Certificates](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-514_Issuance_Of_Registration_Certificates){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-515 +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-515_Revocation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-516 No Mechanical Work To Be Performed During Suspension Or +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-516_No_Mechanical_Work_To_Be_Performed_During_Suspension_Or_Revocation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-517 Reinstatement Of Certificate Of +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-517_Reinstatement_Of_Certificate_Of_Registration){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-518 Engaging In Business Without A Certificate Of +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-518_Engaging_In_Business_Without_A_Certificate_Of_Registration){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-519 Maintenance Of Place Of Business; Unlicensed Place Of +Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-519_Maintenance_Of_Place_Of_Business;_Unlicensed_Place_Of_Business){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-520 Identification Display On Vehicles +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-520_Identification_Display_On_Vehicles_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-521 Mechanical Contractor To Employ Only Licensed And Registered +Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-521_Mechanical_Contractor_To_Employ_Only_Licensed_And_Registered_Journeymen){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-522 Failure To Correct +Defects](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-522_Failure_To_Correct_Defects){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-523 Transfer, Assignment, Or Loan Of Certificate Of Registration +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-523_Transfer,_Assignment,_Or_Loan_Of_Certificate_Of_Registration_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-524 Mechanical Journeyman +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-524_Mechanical_Journeyman_Regulations){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-525 Mechanical Apprentice +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-525_Mechanical_Apprentice_Regulations){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Mechanical Licensing Act, 59 O.S. § 1850.1 et +seq.\ + +
+ +::: phx-name +[Sec 5-511 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-511_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Mechanical apprentice* or *apprentice* means any person 16 years of age +or older whose principal occupation is learning mechanical work on the +job under the direct supervision of a journeyman or contractor. + +*Mechanical contractor* or *contractor* means any person engaged in the +business of planning, contracting, supervising or furnishing labor or +labor and materials for mechanical work. + +*Mechanical journeyman* or *journeyman* means any person other than a +contractor or apprentice who engages in mechanical work. + +*Mechanical work* means the installation, maintenance, repair, or +renovation, in whole or in part, of any heating system, exhaust system, +cooling system, mechanical refrigeration system or ventilation system or +any equipment or piping carrying chilled water, air for ventilation +purposes, or natural gas, or the installation, maintenance, repair, or +renovation of process piping used to carry any liquid, substance, or +material, including steam and hot water used for space heating purposes +not under the jurisdiction of the department of labor other than minor +repairs to such systems. + +(Code 1999, § 5-511) + +
+ +::: phx-name +[Sec 5-512 License And Registration +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-512_License_And_Registration_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall conduct, carry on or engage in the business of + mechanical work or act in the capacity of a mechanical contractor + within the city without first having had issued to him a valid and + unrevoked mechanical contractor\'s license as provided by state law + and a current mechanical contractor\'s registration certificate + issued by the city. +2. No person shall labor at the trade of mechanical work in the + capacity of a mechanical journeyman within the city without first + having had issued to him a valid and unrevoked mechanical + journeyman\'s license as provided by state law. +3. No person shall labor at the trade of mechanical work in the + capacity of a mechanical apprentice within the city without first + having had issued to him a valid and unrevoked mechanical apprentice + registration certificate as provided by state law. +4. Any city certificate of registration issued to an applicant shall be + issued only in the same category as the state license possessed by + the applicant. It shall further be subject to all limitations, + conditions or restrictions imposed on the state license possessed by + the applicant. The category of the city certificate of registration + shall be indicated on the face of the certificate. The categories + for certificates of registration shall be the following: + 1. Unlimited mechanical air conditioning contractor; + 2. Limited mechanical air conditioning contractor; + 3. Unlimited heating contractor; + 4. Limited heating contractor; + 5. Refrigeration contractor; + 6. Sheet metal contractor; + 7. Natural gas piping contractor. + + These categories shall have the same meanings ascribed to them by + state law and regulations. +5. Unless sooner revoked or suspended as provided for by this article, + the city certificate of registration shall be for a term of one year + from issuance and may be renewed upon expiration in the same manner + as originally obtained. All registrations shall expire on August 31 + of each calendar year. +6. A certificate of registration issued to a mechanical contractor or + journeyman shall authorize the certificate holder to perform + mechanical work only as authorized by state law and regulations + adopted pursuant thereto. All mechanical work performed by a + mechanical contractor or journeyman shall be strictly limited to the + categories in which such contractor or journeyman is licensed by the + state and registered with the city. +7. All certificates issued hereunder must be renewed within 30 days + after the expiration of the certificate or the holder must apply and + pay the fees as required for original registration. + +(Code 1999, § 5-512; Ord. No. 493(89), 9-5-1989) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-513 Registration +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-513_Registration_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person applying for a city mechanical certificate shall, upon +acceptance of his qualifications by the city at the time he makes such +application, pay to the city the fees as provided in the fee schedule. + +(Code 1999, § 5-513) + +
+ +::: phx-name +[Sec 5-514 Issuance Of Registration +Certificates](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-514_Issuance_Of_Registration_Certificates){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city shall issue mechanical certificates of registration pursuant to +the following provisions: A mechanical contractor\'s certificate shall +be issued to every person who makes application for such certificate, +pays the required fee, and presents a valid, unrevoked license as +provided by state law for contractor status. + +(Code 1999, § 5-514) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-515 +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-515_Revocation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A certificate of registration issued pursuant to this article may be + suspended or revoked in accordance with the following procedures. +2. The city mechanical inspector may suspend or revoke a certificate of + registration if he finds that the certificate holder has repeatedly + failed to perform his work in accordance with the requirements of + the mechanical code and such repeated violations constitute a hazard + to the public health, safety, or welfare. At least ten days\' notice + of such proposed suspension or revocation shall be given to the + certificate holder by certified mail, return receipt requested, + mailed to the last-known address of such person. The notice shall + indicate the date, time, and place of the suspension or revocation + hearing and the charges against the certificate holder. The + certificate holder shall have the right to attend the hearing, be + represented by counsel, and confront and cross examine his accusers. + Upon making the proper finding at the hearing, the city mechanical + inspector may suspend or revoke the certificate as deemed + appropriate. The order suspending or revoking any certificate may be + appealed to the mechanical code review and appeals commission as + provided by this article. + +(Code 1999, § 5-515; Ord. No. 493(89), 9-5-1989) + +
+ +::: phx-name +[Sec 5-516 No Mechanical Work To Be Performed During Suspension Or +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-516_No_Mechanical_Work_To_Be_Performed_During_Suspension_Or_Revocation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person whose certificate of registration has been suspended or +revoked shall, for the duration of the suspension or revocation, engage +in or offer to engage in any mechanical work within the city. + +(Code 1999, § 5-516; Ord. No. 493(89), 9-5-1989) + +
+ +::: phx-name +[Sec 5-517 Reinstatement Of Certificate Of +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-517_Reinstatement_Of_Certificate_Of_Registration){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Unless otherwise ordered by the mechanical code review and appeals +commission, no certificate of registration which has been revoked under +the provisions of this article shall be reinstated for a period of six +months after such revocation. + +(Code 1999, § 5-517; Ord. No. 493(89), 9-5-1989) + +
+ +::: phx-name +[Sec 5-518 Engaging In Business Without A Certificate Of +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-518_Engaging_In_Business_Without_A_Certificate_Of_Registration){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person, other than a mechanical contractor with a valid state license +and a city certificate of registration as required by this article, +shall maintain a place of business, display a sign, advertise or hold +himself out as a mechanical contractor or make any attempt to install, +alter or repair any mechanical system or otherwise engage in the +business of a mechanical contractor. + +(Code 1999, § 5-518; Ord. No. 493(89), 9-5-1989) + +
+ +::: phx-name +[Sec 5-519 Maintenance Of Place Of Business; Unlicensed Place Of +Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-519_Maintenance_Of_Place_Of_Business;_Unlicensed_Place_Of_Business){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person operating under a certificate of registration as a +mechanical contractor shall maintain a place of business as such. No +mechanical contractor shall maintain a place of business without having +a valid state license and a valid city certificate of registration as +required by this article. Such place of business shall maintain a +telephone in the Oklahoma City telephone exchange or a toll free number. + +(Code 1999, § 5-519; Ord. No. 493(89), 9-5-1989) + +
+ +::: phx-name +[Sec 5-520 Identification Display On Vehicles +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-520_Identification_Display_On_Vehicles_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every mechanical contractor shall display the firm name under which he +does business and state license number on all vehicles used in the +operation of the business. The name shall be displayed on both sides or +in other conspicuous places on the vehicle in letters of not less than +two inches in height. The state license number shall be permanently +affixed on both sides or in other conspicuous places on the vehicle in +numerals of not less than two inches in height. + +(Code 1999, § 5-520; Ord. No. 493(89), 9-5-1989) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-521 Mechanical Contractor To Employ Only Licensed And Registered +Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-521_Mechanical_Contractor_To_Employ_Only_Licensed_And_Registered_Journeymen){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A mechanical contractor shall not employ or hire anyone to perform +mechanical work except a mechanical journeyman with a valid state +license as required by this article. Any journeyman employed by a +mechanical contractor shall perform mechanical work only in the +categories for which he has a valid state license. + +(Code 1999, § 5-521; Ord. No. 493(89), 9-5-1989) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-522 Failure To Correct +Defects](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-522_Failure_To_Correct_Defects){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person engaged in the business of mechanical contractor who shall +fail to promptly correct any defects in any mechanical work done by him +or by any of his employees or subcontractors contrary to or in violation +of this code after having been notified of such defective work by the +chief mechanical inspector shall not be issued any further permits until +the defect has been corrected. + +(Code 1999, § 5-522; Ord. No. 493(89), 9-5-1989) + +
+ +::: phx-name +[Sec 5-523 Transfer, Assignment, Or Loan Of Certificate Of Registration +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-523_Transfer,_Assignment,_Or_Loan_Of_Certificate_Of_Registration_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No certificate of registration issued pursuant to this article shall be +transferred, loaned, or assigned by the holder thereof to any other +person. No permits shall be issued pursuant to a certificate of +registration except to the lawful holder of such certificate. + +(Code 1999, § 5-523; Ord. No. 493(89), 9-5-1989) + +
+ +::: phx-name +[Sec 5-524 Mechanical Journeyman +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-524_Mechanical_Journeyman_Regulations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A mechanical journeyman shall, at all times while doing mechanical work, +be in possession of a valid state license and be in the employment of a +licensed and registered mechanical contractor. No mechanical journeyman +shall contract to furnish labor or labor and materials for mechanical +work. + +(Code 1999, § 5-524; Ord. No. 493(89), 9-5-1989) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-525 Mechanical Apprentice +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-525_Mechanical_Apprentice_Regulations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A mechanical apprentice shall be subject to the following limitations: + +1. A mechanical apprentice shall work only under the direct supervision + of a mechanical contractor or journeyman. The term \"direct + supervision\" shall be construed as presence \"on the job\" with the + supervisor who must be a licensed and registered mechanical + contractor or a licensed mechanical journeyman; +2. A maximum of three mechanical apprentices may work under the + supervision of a person licensed and registered as a mechanical + contractor or as a mechanical journeyman; and +3. The apprentice must be working in the same category as the licensed + and registered mechanical contractor or mechanical journeyman on the + job. + +(Code 1999, § 5-525; Ord. No. 493(89), 9-5-1989) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[CHAPTER 5-6 GAS CODE AND +PIPELINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-6_GAS_CODE_AND_PIPELINES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-601 Adoption Of Pipeline +Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-601_Adoption_Of_Pipeline_Standards){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-602 Planning Commission Duties, +Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-602_Planning_Commission_Duties,_Notice){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-603 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-603_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-604 Permit Required For +Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-604_Permit_Required_For_Construction){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-605 +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-605_Suspension){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-601 Adoption Of Pipeline +Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-601_Adoption_Of_Pipeline_Standards){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All pipelines, connections and fixtures thereof, installed or used + for the purpose of the transportation of natural gas, shall be + equivalent to the specifications of the natural gas safety code, + adopted and approved by the United States Department of Commerce and + now in force as to thickness, weight, size, strength and general + character of material workmanship and manner of installation. +2. All pipelines used in connection with the drilling of wells, other + than gas lines and the lines used for the transportation of + petroleum or any of its products, shall be new lapweld or seamless + pipe and shall be equivalent to the specifications therefor as now + adopted by the American Petroleum Institute for lapweld of Grade + \"A\" seamless pipeline and requires 100 percent x-ray of all welds. + All such lines shall be at all times operated and maintained in a + safe manner so as to prevent all leakage or escape of any of the + contents of such lines. If any such lines shall become unsafe or + shall not be maintained as provided herein, or any of the contents + thereof shall escape therefrom, it shall be the duty of the person + in charge or in control thereof to immediately discontinue the use + thereof, until such line shall be repaired. +3. Pressure in any such lines shall not exceed those permitted by the + rules, regulations or orders of the corporation commission of the + state now in force. All such lines shall, on city streets and + alleys, be buried to a minimum depth of 30 inches below the normal + surface of the ground, such depth to be measured from the top of the + pipe and to be approved by the city engineer. +4. In the event it shall become necessary to change or remove any of + such pipelines, such change or removal shall be made at the entire + expense of the owners thereof, upon the approval of the city + engineer or an inspector of the city. Such removal or change shall + be made within five days after notice is served by the city. + +(Prior Code, § 6-235; Code 1999, § 5-601) + +**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. + +
+ +::: phx-name +[Sec 5-602 Planning Commission Duties, +Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-602_Planning_Commission_Duties,_Notice){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The planning commission, from time to time on its own motion or on the +motion of any landowner or citizen of the city, may order the course of +any pipeline to be changed, altered or changed in size by giving the +licensee notice of a hearing before the planning commission at a regular +meeting of such commission, such notice to be served upon the licensee +advising such licensee that a hearing will be had at a time and placed +fixed in such notice to determine whether, for the safety of the +residents of the city, the course of such pipeline should be changed or +any other changes should be made. Five days\' notice of the time of the +hearing shall be given. The entire expense of the changing or alteration +of the size or course of such pipeline shall be borne by the owner +thereof. + +(Prior Code, § 6-236; Code 1999, § 5-602) + +
+ +::: phx-name +[Sec 5-603 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-603_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Pipeline* means any subterranean pipeline through which shall be +transported petroleum or any of its products, crude oil, natural gas or +any other deleterious substances, but shall not include pipelines +located at a retail or wholesale service station engaged in selling +finished petroleum products. + +(Prior Code, § 6-231; Code 1999, § 5-603) + +
+ +::: phx-name +[Sec 5-604 Permit Required For +Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-604_Permit_Required_For_Construction){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful and an offense for any person, either as principal or +agent, to operate any pipeline, make any excavation with the intent to +install, lay, maintain or enlarge any pipeline or to install any +pipeline to or from any oil or gas well or any of its equipment or to +add to, enlarge or extend any pipeline now in existence without +obtaining a permit from the city. + +(Prior Code, § 6-232; Code 1999, § 5-604) + +
+ +::: phx-name +[Sec 5-605 +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-605_Suspension){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager is hereby granted the authority to suspend the permit +of any person to install or operate any pipeline where any of the +provisions of this chapter, or any amendments thereto, are violated, +which suspension shall be effective until such time as such person shall +comply with the provisions of this chapter. Before suspending any such +permit, the city manager shall cause written notice to be served upon +the licensee advising such licensee that a hearing will be had at a time +and place fixed in such notice to determine whether the license held by +such licensee shall be suspended. Five days\' notice of the time of the +hearing shall be given. It shall be unlawful and an offense for any +person to operate any pipeline during any period in which the permit +covering the operation of such pipeline is so suspended. The provisions +of this section shall in no way limit or interfere with the enforcement +of the penalties for the violation of ordinances generally, but shall be +cumulative and in addition to such penalties. + +(Prior Code, § 6-234; Code 1999, § 5-605) + +
+ +::: phx-name +[CHAPTER 5-7 FAIR +HOUSING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-7_FAIR_HOUSING){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-701 +Policy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-701_Policy){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-702 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-702_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-703 Unlawful +Practice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-703_Unlawful_Practice){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-704 Discrimination In The Sale Or Rental Of City\'s +Housing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-704_Discrimination_In_The_Sale_Or_Rental_Of_City's_Housing){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-705 Discrimination In The Financing Of +Housing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-705_Discrimination_In_The_Financing_Of_Housing){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-706 Discrimination In The Provision Of Brokerage +Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-706_Discrimination_In_The_Provision_Of_Brokerage_Services){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-707 +Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-707_Exemption){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-708 +Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-708_Administration){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-709 Education And +Conciliation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-709_Education_And_Conciliation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-710 +Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-710_Enforcement){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-711 Investigations; Subpoenas; Giving Of +Evidence](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-711_Investigations;_Subpoenas;_Giving_Of_Evidence){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-712 Enforcement By Private +Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-712_Enforcement_By_Private_Persons){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-713 Interference, Coercion, Or +Intimidation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-713_Interference,_Coercion,_Or_Intimidation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-714 Prevention Of Intimidation In Fair Housing +Cases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-714_Prevention_Of_Intimidation_In_Fair_Housing_Cases){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Fair housing, 25 O.S. § 1451 et seq.\ + +
+ +::: phx-name +[Sec 5-701 +Policy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-701_Policy){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is the policy of the city to provide, within constitutional +limitations, for fair housing throughout the city. + +(Code 1999, § 5-701; Ord. No. 69(94), 1-3-1994) + +
+ +::: phx-name +[Sec 5-702 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-702_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*City manager* means the city manager of the City of Moore or any +person, employee, agent, board, or single or plural authority whom the +city manager may designate to sit as his designee to perform the duties +and functions provided in this chapter. + +*Discriminatory housing practice* means an act that is unlawful under +sections 5-704 through 5-706. + +*Dwelling* means any building, structure or portion thereof which is +occupied as, or designed or intended for occupancy as, a residence by +one or more families, and any vacant land which is offered for sale or +lease for the construction or location thereon of any such building, +structure, or portion thereof. + +*Family* includes a single individual. + +*Person* means one or more individuals, corporations, partnerships, +associations, labor organizations, legal representatives, mutual +companies, joint stock companies, trusts, unincorporated organizations, +trustees, trustees in bankruptcy, receivers, and fiduciaries. + +*To rent* means to lease, to sublease, to let and otherwise to grant for +a consideration the right to occupy premises owned by the occupant. + +(Code 1999, § 5-702; Ord. No. 69(94), 1-3-1994) + +
+ +::: phx-name +[Sec 5-703 Unlawful +Practice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-703_Unlawful_Practice){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Subject to the provisions of subsection (B) of this section and section +5-707, the prohibitions against discrimination in the sale or rental of +housing set forth in this chapter shall apply to: + +1. All dwellings except as exempted by subsection (B) of this section; +2. Nothing in section 5-704 shall apply to: + 1. Any single-family house sold or rented by an owner, provided + that such private individual does not own more than three such + single-family houses at any one time; provided further, that in + the case of the sale of any such single-family house by a + private individual owner not residing in such house at the time + of such sale or who was not the most recent resident of such + house prior to such sale, the exemption granted by this + subsection shall apply only with respect to one such sale within + any 24-month period; provided further, that such bona fide + private individual owner does not own any interest in, nor is + there owned or reserved on his behalf, under any express or + voluntary agreement, title to or any right to all or a portion + of the proceeds from the sale or rental of, more than three such + single-family houses at any one time; provided further, that the + sale or rental of any such single-family house shall be exempted + from the application of this chapter only if such house is sold + or rented: + 1. Without the use in any manner of the sales or rental + facilities or the sales or rental services of any real + estate broker, agent, or salesman, or of such facilities or + services of any person in the business of selling or renting + dwellings, or of any employee or agent of any such + facilities or services of any person in the business of + selling or renting dwellings, or of any employee or agent of + any such broker, agent, salesman, or person; and + 2. Without the publication, posting or mailing, after notice of + any advertisement or written notice in violation of section + 5-704(c), but nothing in this provision shall prohibit the + use of attorneys, escrow agents, abstractors, title + companies, and other such professional assistance as + necessary to perfect or transfer the title; or + 2. Rooms or units in dwellings containing living quarters occupied + or intended to be occupied by no more than four families living + independently of each other, if the owner actually maintains and + occupies one of such living quarters as his residence; +3. For the purposes of subsection (B) of this section, a person shall + be deemed to be in the business of selling or renting dwellings if: + 1. He has, within the preceding 12 months, participated as + principal in three or more transactions involving the sale or + rental of any dwelling or any interest therein; + 2. He has, within the preceding 12 months, participated as an + agent, other than in the sale of his own personal residence, in + providing sales or rental facilities or sales or rental services + in two or more transactions involving the sale or rental of any + dwelling or any interest therein; or + 3. He is the owner of any dwelling designed or intended for + occupancy by, or occupied by, five or more families. + +(Code 1999, § 5-703; Ord. No. 69(94), 1-3-1994) + +
+ +::: phx-name +[Sec 5-704 Discrimination In The Sale Or Rental Of City\'s +Housing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-704_Discrimination_In_The_Sale_Or_Rental_Of_City's_Housing){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +As made applicable by section 5-703 and except as exempted by sections +5-703(b) and 5-707, it shall be unlawful: + +1. To refuse to sell or rent after the making of a bona fide offer, or + to refuse to negotiate for the sale or rental of, or otherwise make + unavailable or deny, a dwelling to any person because of race, sex, + color, religion, national origin, handicap, or familial status; +2. To discriminate against any person in the terms, conditions, or + privileges of sale or rental of a dwelling, or in the provision of + services or facilities in connection therewith, because of race, + sex, color, religion, national origin, handicap, or familial status; +3. To make, print, or publish, or cause to be made, printed, or + published, any notice, statement or advertisement, with respect to + the sale or rental of a dwelling that indicates any preference, + limitation, or discrimination based on race, sex, color, religion, + national origin, handicap, or familial status or an intention to + make any such preference, limitation or discrimination; +4. To represent to any person because of race, sex, color, religion, or + national origin that any dwelling is not available for inspection, + sale, or rental when such dwelling is in fact so available; or +5. For profit, to induce or attempt to induce any person to sell or + rent any dwelling by representations regarding the entry or + prospective entry into the neighborhood of a person of a particular + race, sex, color, religion, national origin, handicap, or familial + status. + +(Code 1999, § 5-704; Ord. No. 69(94), 1-3-1994) + +
+ +::: phx-name +[Sec 5-705 Discrimination In The Financing Of +Housing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-705_Discrimination_In_The_Financing_Of_Housing){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It shall be unlawful for any bank, building and loan association, +insurance company or other corporation, association, firm or enterprise +whose business consists in whole or in part in the making of commercial +real estate loans, to deny a loan or other financial assistance to a +person applying therefor for the purpose of purchasing, constructing, +improving, repairing, or maintaining a dwelling, or to discriminate +against him in the fixing of the amount, interest rate, duration, or +other terms or conditions of such loan or other financial assistance, +because of the race, sex, color, religion, national origin, handicap, or +familial status of such person or of any person associated with him in +connection with such loan or other financial assistance for the purposes +of such loan or other financial assistance, or of the present or +prospective owners, lessees, tenants, or occupants of the dwellings in +relation to which such loan or other financial assistance is to be made +or given, provided that nothing contained in this section shall impair +the scope or effectiveness of the exception contained in section +5-703(b). + +(Code 1999, § 5-705; Ord. No. 69(94), 1-3-1994) + +
+ +::: phx-name +[Sec 5-706 Discrimination In The Provision Of Brokerage +Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-706_Discrimination_In_The_Provision_Of_Brokerage_Services){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It shall be unlawful to deny any person access to or membership or +participation in any multiple-listing service, rental or facility +relating to the business of selling or renting dwellings, or to +discriminate against him in the terms or conditions of such access, +membership, or participation, on account of race, sex, color, religion, +national origin, handicap, or familial status. + +(Code 1999, § 5-706; Ord. No. 69(94), 1-3-1994) + +
+ +::: phx-name +[Sec 5-707 +Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-707_Exemption){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Nothing in this chapter shall prohibit a religious organization, +association, or society, or any nonprofit institution or organization +operated, supervised or controlled by or in conjunction with a religious +organization, association, or society, from limiting the sale, rental or +occupancy of dwellings which it owns or operates for other than a +commercial purpose to persons of the same religion, or from giving +preference to such persons, unless membership in such religion is +restricted on account of race, sex, color, national origin, handicap or +familial status; nor shall anything in this chapter prohibit a private +club not in fact open to the public, which as an incident to its primary +purpose or purposes provides lodgings which it owns or operates for +other than a commercial purpose, from limiting the rental or occupancy +of such lodgings to its members or from giving preference to its +members. + +(Code 1999, § 5-707; Ord. No. 69(94), 1-3-1994) + +
+ +::: phx-name +[Sec 5-708 +Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-708_Administration){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The authority and responsibility for administering the city\'s fair + housing code shall be in the city manager or his designee. +2. The city manager may delegate any of these functions, duties, and + powers to employees of the city or to boards of such employees, + including functions, duties, and powers with respect to + investigating, conciliating, hearing, determining, ordering, + certifying, reporting or otherwise acting as to any work, business, + or matter under this chapter. The city manager shall by rule + prescribe such rights of appeal from the decisions of his hearing + examiners to other hearing examiners or to other officers in the + city, to boards of officers or to himself, as shall be appropriate + and in accordance with law. +3. All administrative departments, agencies, boards or commissions + shall administer their programs and activities relating to housing + and urban development in a manner affirmatively to further the + purposes of this chapter and shall cooperate with the city manager + to further such purposes. + +(Code 1999, § 5-708; Ord. No. 69(94), 1-3-1994) + +
+ +::: phx-name +[Sec 5-709 Education And +Conciliation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-709_Education_And_Conciliation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Immediately after the enactment of the city\'s fair housing code, the +city manager shall commence such educational and conciliatory activities +as will further the purposes of this chapter. He shall call conferences +of persons in the housing industry and other interested parties to +acquaint them with the provisions of this chapter and his suggested +means of implementing it, and shall endeavor with their advice to work +out programs of voluntary compliance and of enforcement. + +(Code 1999, § 5-709; Ord. No. 69(94), 1-3-1994) + +
+ +::: phx-name +[Sec 5-710 +Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-710_Enforcement){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any person who claims to have been injured by a discriminatory + housing practice or who believes that he will be irrevocably injured + by a discriminatory housing practice that is about to occur + (hereafter \"person aggrieved\") may file a complaint with the city + manager and the city clerk. Complaints shall be in writing and shall + contain such information and be in such form as the city manager + requires. Upon receipt of such a complaint, the city manager shall + furnish a copy of the same to the persons who allegedly committed or + was about to commit the alleged discriminatory housing practice. + Within 30 days after receiving a complaint, or within 30 days after + the expiration of any period of reference under subsection (C) of + this section, the city manager shall investigate the complaint and + give notice in writing to the person aggrieved whether he intends to + resolve it. If the city manager decides to resolve the complaints, + he shall proceed to try to eliminate or correct the alleged + discriminatory housing practice by informal methods of conference, + conciliation and persuasion. Nothing said or done in the course of + such informal endeavors may be made public or used as evidence in a + subsequent proceeding under this chapter without the written consent + of the persons concerned. Any employee or agent of the city manager + or city who shall make public any information in violation of this + provision shall be, upon conviction, punished as provided in section + 1-108. +2. A complaint under subsection (A) of this section shall be filed + within 180 days after the alleged discriminatory housing practice + occurred. Complaints shall be in writing and shall state the facts + upon which the allegations of a discriminatory housing practice are + based. Complaints may be reasonably and fairly amended at any time. + A respondent may file an answer to the complaint against him and + with the leave of the city manager, which shall be granted whenever + it would be reasonable and fair to do so, may amend his answer at + any time. Both complaints and answers shall be verified. +3. If, within 30 days after a complaint is filed with the city manager + and city clerk, the city manager has been unable to obtain a + voluntary compliance with this chapter, the person aggrieved may, + within 30 days thereafter, file a complaint with the secretary of + the department of housing and urban development. The city manager + will assist in this filing. +4. If the city manager has been unable to obtain voluntary compliance + within 30 days of the complaint, the person aggrieved may, within 30 + days thereafter, commence a civil action in any appropriate court, + against the respondent named in the complaint to enforce the rights + granted or protected by this chapter, insofar as such rights relate + to the subject of the complaint. If the court finds that a + discriminatory housing practice has occurred or is about to occur, + the court may enjoin the respondent from engaging in such practice + or order such affirmative action as may be appropriate. +5. In any proceeding brought pursuant to this section, the burden of + proof shall be on the complainant. +6. Whenever an action filed by an individual shall come to trial, the + city manager shall immediately terminate all efforts to obtain + voluntary compliance. + +(Code 1999, § 5-710; Ord. No. 69(94), 1-3-1994) + +
+ +::: phx-name +[Sec 5-711 Investigations; Subpoenas; Giving Of +Evidence](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-711_Investigations;_Subpoenas;_Giving_Of_Evidence){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. In conducting an investigation the city manager shall have access at + all reasonable times to premises, records, documents, individuals, + and other evidence or possible sources of evidence and may examine, + record, and copy such materials and take and record the testimony or + statements of such persons as are reasonably necessary for the + furtherance of the investigation; provided, however, that the city + manager first complies with the provisions of the Fourth Amendment + of the United States Constitution relating to unreasonable searches + and seizures. The city manager may issue subpoenas to compel his + access to or the production of such materials, or the appearance of + such persons, and may issue interrogatories to a respondent, to the + same extent and subject to the same limitations as would apply if + the subpoenas or interrogatories were issued or served in aid of a + civil action in the United States District Court for the district in + which the investigation is taking place. The city manager may + administer oaths. +2. Upon written application to the city manager, a respondent shall be + entitled to the issuance of a reasonable number of subpoenas by and + in the name of the city manager to the same extent and subject to + the same limitations as subpoenas issued by the city manager + himself. Subpoenas issued at the request of a respondent shall show + on their face the name and address of such respondent and shall + state that they were issued at his request. +3. Witnesses summoned by subpoena of the city manager shall be entitled + to the same witness and mileage fees as are witnesses in proceedings + in United States District Courts. Fees payable to a witness summoned + by a subpoena issued at the request of a respondent shall be paid by + him. +4. Within five days after services of a subpoena upon any person, such + person may petition the city manager to revoke or modify the + subpoena. The city manager shall grant the petition if he finds that + the subpoena requires appearance or attendance at an unreasonable + time or place, that it requires production of evidence which does + not relate to any matter under investigation, that it does not + describe with sufficient particularity the evidence to be produced, + that compliance would be unduly onerous, or for other good reason. +5. In case of contumacy or refusal to obey a subpoena, the city manager + or other person at whose request it was issued may petition for its + enforcement in the municipal or county district court for the + district in which the person to whom the subpoena was addressed + resides, was served, or transacts business. +6. Any person who willfully fails or neglects to attend and testify or + to answer any lawful inquiry or to produce records, documents, or + other evidence, if in his power to do so, in obedience to the + subpoena or lawful order of the city manager shall be punished as + provided in section 1-108. Any person who, with intent thereby to + mislead the city manager, shall make or cause to be made any false + entry or statement of fact in any report, account, record, or other + document submitted to the city manager pursuant to his subpoena or + other order, or shall willfully neglect or fail to make or cause to + be made full, true and correct entries in such reports, accounts, + records, or other documents, or shall willfully mutilate, alter, or + by any other means falsify any documentary evidence, shall be + punished as provided in section 1-108. +7. The city attorney shall conduct all litigation in which the city + manager participates as a party or as amicus pursuant to this + chapter. + +(Code 1999, § 5-711; Ord. No. 69(94), 1-3-1994) + +
+ +::: phx-name +[Sec 5-712 Enforcement By Private +Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-712_Enforcement_By_Private_Persons){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The rights granted by sections 5-703 through 5-706 may be enforced + by civil actions in state courts of competent jurisdiction. A civil + action shall be commenced within 180 days after the alleged + discriminatory housing practice occurred; provided, however, that + the court shall continue such civil case brought pursuant to this + section or section 5-710(d) from time to time before bringing it to + trial if the court believes that the conciliation efforts of the + city manager are likely to result in satisfactory settlement of the + discriminatory housing practice complained of in the complaint made + to the city manager and which practice forms the basis for the + action in court; and provided further, that any sale, encumbrance, + or rental consummated prior to the issuance of any court order + issued under the authority of this chapter, and involving a bona + fide purchaser, encumbrancer, or tenant without actual notice of the + existence of the filing of a complaint or civil action under the + provisions of this chapter shall not be affected. +2. The court may consider and grant as relief, as it deems appropriate, + any permanent or temporary injunction, temporary restraining order, + or other order, and may award to the plaintiff actual damages and + punitive damages as allowed under the laws of the state or under + applicable federal law, together with court costs and reasonable + attorney\'s fees in the case of a prevailing plaintiff, provided + that the plaintiff, in the opinion of the court, is not financially + able to assume the attorney\'s fees. + +(Code 1999, § 5-712; Ord. No. 69(94), 1-3-1994) + +
+ +::: phx-name +[Sec 5-713 Interference, Coercion, Or +Intimidation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-713_Interference,_Coercion,_Or_Intimidation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It shall be unlawful to coerce, intimidate, threaten, or interfere with +any person in the exercise or enjoyment of, or on account of his having +exercised or enjoyed, or on account of his having aided or encouraged +any other person in the exercise or enjoyment of, any right granted or +protected by section 5-703, 5-704, 5-705, or 5-706. This section may be +enforced by appropriate civil action. + +(Code 1999, § 5-713; Ord. No. 69(94), 1-3-1994) + +
+ +::: phx-name +[Sec 5-714 Prevention Of Intimidation In Fair Housing +Cases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-714_Prevention_Of_Intimidation_In_Fair_Housing_Cases){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whoever, whether or not acting under color of law, by force or threat of +force willfully injures, intimidates or interferes with, or attempts to +injure, intimidate or interfere with: + +1. Any person because of his race, color, religion, national origin, + handicap or familial status and because he is or has been selling, + purchasing, renting, financing, occupying, or contracting or + negotiating for the sale, purchase, rental, financing or occupation + of any dwelling, or applying for or participating in any service, + organization, or facility relating to the business of selling or + renting dwellings; +2. Any person because he is or has been, or in order to intimidate such + person or any other person or any class of persons from: + 1. Participating without discrimination on account of race, sex, + color, religion, national origin, handicap, or familial status, + in any of the activities, services, organizations or facilities + described in subsection (A) of this section; + 2. Affording another person or class of persons opportunity or + protection so to participate; or +3. Any citizen because he is or has been, or in order to discourage + such citizen or any other citizen from lawfully aiding or + encouraging other persons to participate, without discrimination on + account of race, sex, color, religion, national origin, handicap, or + familial status, in any of the activities, services, organizations + or facilities described in subsection (A) of this section, or + participating lawfully in speech or peaceful assembly opposing any + denial of the opportunity to so participate; + +shall be punished as provided in section 1-108. + +(Code 1999, § 5-714; Ord. No. 69(94), 1-3-1994) + +
+ +::: phx-name +[CHAPTER 5-8 OUTDOOR LIGHT +FIXTURES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-8_OUTDOOR_LIGHT_FIXTURES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-801 Light Trespass +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-801_Light_Trespass_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-801 Light Trespass +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-801_Light_Trespass_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Requirements for luminaire heights, shielding, placement and aiming + to minimize light trespass and direct glare emitted by a lighting + system for any lot that is adjacent to a residentially zoned + property or residential land use shall be as follows: + 1. Spill light on adjacent residential or unlighted properties + shall be minimized by complying with the following: + 1. The lighting system shall be designed to minimize the impact + on spill light to adjacent properties. + 2. Wall-mounted luminaries shall not be mounted higher above + the ground than their distance to the property line unless + they are mounted/shielded so as to direct the light away + from the adjacent property (i.e., on a wall on the property + line but directed inward). Maximum mounting height for + wall-mounted luminaries shall be 15 feet, or as approved by + the community development director. + 2. Direct glare shall be minimized by compliance with the following + requirements: + 1. The lighting system shall be designed to minimize the impact + on glare to adjacent properties. + 2. The direct glare from the luminaire shall not be visible + from six feet above grade at the property line. Exception: + field sports lighting. + 3. Where the adjacent property is residential and the luminaire + is a decorative style, the lot line side of the luminaire is + to be blocked/shielded out to eliminate spill and glare. +2. Violations and enforcement. It shall be unlawful to install or + operate an outdoor light fixture in violation of this Code. Final + determination as to compliance with this section shall be based on + point-by-point analysis by the community development director or + designee. Any person violating any provision of this Code shall be + subject to a fine and court costs as provided by law. Each and every + day, which the illegal erection, maintenance, and use continues, is + a separate offense. +3. Exemptions: nonconforming fixtures. All outdoor light fixtures, + existing and fully installed, or for which a building permit has + been issued prior to the effective date of this Code, may remain + nonconforming; provided, however, that no change in use, + replacement, structural alteration, or restoration of outdoor light + fixtures shall be made unless it thereafter conforms to the + provisions of this Code. + +(Code 1999, § 5-801; Ord. No. 520(05), 10-3-2005) + +
+ +::: phx-name +[CHAPTER 5-9 FUEL GAS +CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-9_FUEL_GAS_CODE){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-901 International Fuel Gas Code 2015 +Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-901_International_Fuel_Gas_Code_2015_Adopted){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-902 Additions, Insertions And +Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-902_Additions,_Insertions_And_Changes){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-901 International Fuel Gas Code 2015 +Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-901_International_Fuel_Gas_Code_2015_Adopted){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Pursuant to section 2-15 of the Charter, the council may by ordinance +adopt, by reference, codes which shall be considered to have the same +effect as if set out in full in the City Code. Pursuant to this +authority, the council hereby ordains that a certain document, at least +one copy of which is on file in the office of the city clerk, being +marked and designated as the \"2015 International Fuel Gas Code,\" as +adopted by the state uniform building code commission pursuant to 59 +O.S. § 1000.23, is hereby adopted as the fuel gas code of the city; for +addressing the design and installation of fuel gas systems and gas-fired +appliances as herein provided. Each and all of the regulations, +provisions, penalties, conditions and terms of the International Fuel +Gas Code as hereby referred to, adopted and made a part hereof, as if +fully set out in this Code, with the additions, insertions, and changes, +if any, as prescribed and set out herein. + +(Code 1999, § 5-901; Ord. No. 541(06), 10-16-2006; Ord. No. 638(08), +12-15-2008) + +**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[859(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334092_Ordinance%20No.%20859(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-902 Additions, Insertions And +Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-902_Additions,_Insertions_And_Changes){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following sections of the \"International Fuel Gas Code 2015\" are +hereby revised, deleted, or amended as set out below. Items in \[ \] are +phrases that shall be deemed inserted into the appropriate section of +the International Code: + +1. Section 108.4 Insert: \[Violation\]\ + \[200.00\].\ + Delete: or by imprisonment not exceeding \[number of days\], or both + such fine and imprisonment. +2. Section 101.1 Title: These regulations shall be known as the Fuel + Gas Code of the City of Moore, Oklahoma, hereinafter referred to as + \"this code.\" + +(Code 1999, § 5-902; Ord. No. 541(06), 10-16-2006; Ord. No. 638(08), +12-15-2008) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[859(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334092_Ordinance%20No.%20859(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[CHAPTER 5-10 ROOFING +CONTRACTORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-10_ROOFING_CONTRACTORS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-1001 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1001_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-1002 Registration; +Fine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1002_Registration;_Fine){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-1003 +Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1003_Powers){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-1004 Obtaining A Roofing Contractor Registration; Refusal Of +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1004_Obtaining_A_Roofing_Contractor_Registration;_Refusal_Of_Registration){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-1005 Criminal History Records Search Or Background +Check](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1005_Criminal_History_Records_Search_Or_Background_Check){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-1006 Roofing Contractor Registration Certificate, Business +Limitations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1006_Roofing_Contractor_Registration_Certificate,_Business_Limitations){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-1007 Registration +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1007_Registration_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-1008 Applicability Of Roofing Contractor +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1008_Applicability_Of_Roofing_Contractor_Registration){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-1009 Issuance Or Denial Of +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1009_Issuance_Or_Denial_Of_Registration){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-1010 Change In Roofing Contractor\'s Name, Address, Legal Service +Agent, Or Cease Of Business, +Notification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1010_Change_In_Roofing_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business,_Notification){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-1011 Certificate Of +Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1011_Certificate_Of_Renewal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-1012 Contractor\'s Agent For Service Of +Process](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1012_Contractor's_Agent_For_Service_Of_Process){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-1013 Application For Building Permits; Disclosure Of Registration +Certificate +Number](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1013_Application_For_Building_Permits;_Disclosure_Of_Registration_Certificate_Number){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Roofing Contractor Registration Act, 59 O.S. +§ 1151.1 et seq.\ + +
+ +::: phx-name +[Sec 5-1001 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1001_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Nonresident contractor* means any contractor who has not established +and maintained a place of business as a roofing contractor in the state +within the preceding year, or who claims residency in another state, or +who has not submitted an income tax return as a resident of the state +within the preceding year. + +*Person* means any individual, firm, partnership, association, +corporation, limited liability company, or other group or combination +thereof acting as a unit, unless the intent to give a more limited +meaning is disclosed clearly by this chapter. + +*Public contract* means a contract with the state, its political +subdivisions, or any board, commission, or department thereof, or with +any board of county commissioners, or with any city council, school +board, or with any state or municipal agency, or with any other public +board, body, commission, or agency authorized to award contracts for the +construction or reconstruction of public work and includes subcontracts +undertaken to perform works covered by the original contract or any part +thereof. + +*Registrar* means the city or any person designated by the city to +administer the provisions of this chapter. + +*Roofing contractor* means any person, including a subcontractor and +nonresident contractor, engaged in the business of commercial or +residential roofing contractor work, or who himself, or through another, +attempts to or advertises, holds himself out as having, or purports to +have, the capacity to undertake roofing contractor work, or offers to +engage in or solicits roofing installation-related services, including +construction, installation, renovation, remodeling, reroofing, repair, +maintenance, alteration, and waterproofing, unless specifically exempted +in the Roofing Contractor Registration Act. The term \"roofing +contractor\" shall not mean: + +1. A person engaged in the demolition of a structure or the cleanup of + construction waste and debris that contains roofing material; +2. A person working under the direct supervision of the roofing + contractor who is hired either as an employee, day laborer, or + contract laborer whose payment, received in any form, from the + roofing contractor is subject to self-employment tax; +3. A person working on his own property or that of an immediate + relative and such person is not receiving any compensation; or +4. A person acting as a handyman who is receiving compensation from the + property owner and who is performing the roofing repair in + conjunction with other repairs to the property and who does not + perform more than two roofing jobs per year. + +*Roofing contractor work* means the installation, fabrication or +assembly of equipment or systems included in roofing systems as defined +in the International Building Code and the International Residential +Code, as adopted by the state uniform building code commission, and +which codes are hereby adopted and incorporated by reference. Roofing +construction work includes, but is not limited to, installation, +renovation, remodeling, reroofing, reconstructing, repair, maintenance, +improvement, alteration, and waterproofing, unless specifically exempted +in the Roofing Contractor Registration Act (59 O.S. § 1151.1 et seq.). + +(Code 1999, § 5-1001; Ord. No. 689(10), 12-6-2010) + +**State Law reference**--- Similar provisions, 59 O.S. § 1151.2. + +
+ +::: phx-name +[Sec 5-1002 Registration; +Fine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1002_Registration;_Fine){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A person may not engage in the business nor act in the capacity of a + roofing contractor within the city nor may that person bring or + maintain any claim, action, suit, or proceeding in any court of the + state related to the person\'s business or capacity as a roofing + contractor without a valid registration as provided in this chapter. +2. A person who fails to obtain a valid registration prior to acting as + a roofing contractor as defined in this chapter, a person who acts + as a roofing contractor while his registration is suspended or + revoked, or a person who violates any provision of this chapter + shall be guilty of a violation, upon conviction, punishable by a + fine not to exceed \$500.00. + +(Code 1999, § 5-1002; Ord. No. 689(10), 12-6-2010) + +
+ +::: phx-name +[Sec 5-1003 +Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1003_Powers){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city is authorized to employ personnel and procure such supplies and +equipment as may be necessary to carry out and implement the provisions +of this chapter, subject to budgetary limitations and funding. The city +may promulgate forms to implement the provisions of this chapter. The +city may administer any provision of this chapter through use of the +Internet or other technology as deemed necessary or appropriate. + +(Code 1999, § 5-1003; Ord. No. 689(10), 12-6-2010) + +
+ +::: phx-name +[Sec 5-1004 Obtaining A Roofing Contractor Registration; Refusal Of +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1004_Obtaining_A_Roofing_Contractor_Registration;_Refusal_Of_Registration){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. To obtain a roofing contractor registration under this chapter, an + applicant who is 18 years of age or older shall submit, on forms the + city prescribes, an application attaching a valid approved state + registration. A copy of the roofing contractor\'s certificate of + liability insurance shall be filed with the application and shall be + not less than \$500,000.00. Any insurance company issuing a + liability policy to a roofing contractor pursuant to the provisions + of this chapter shall be required to notify the city in the event + such liability policy is cancelled for any reason or lapses for + nonpayment of premiums. In addition, the roofing contractor shall + submit proof that the contractor has secured workers\' compensation + coverage satisfactory under the Administrative Workers\' + Compensation Act (85A O.S. § 1 et seq.), or an affidavit of + exemption or self-insurance as authorized pursuant to the Workers\' + Compensation Act. If the city deems it appropriate or necessary, the + city may also require other information to be included on the + application form to assist the city in registering the person as a + contractor. The application shall contain statements that the + applicant desires the issuance of a roofing contractor registration + certificate; that the applicant will comply with the provisions of + this chapter; that the applicant will comply with state laws and + local ordinances relating to standards and permits; that the + applicant has or has not been registered or licensed as a roofing + contractor in another state and whether any disciplinary action was + taken against such registration or license or whether it is still in + good standing; and that the nonresident applicant appoints the + secretary of state as legal service agent for all lawful process to + be served upon the applicant for work performed in the state or as + otherwise provided in this chapter. +2. The city shall refuse to register any person if the city determines: + 1. The application contains false, misleading, or incomplete + information; + 2. The applicant fails or refuses to provide any information + requested by the city; + 3. The applicant fails or refuses to pay the required fees; + 4. The applicant is ineligible for registration due to a suspended + or revoked registration in the state; + 5. The nonresident applicant has a revoked or suspended + registration or license required by law for roofing contractors + in another state; or + 6. The applicant has failed or refuses to submit any taxes due in + the state. +3. The city shall notify the applicant in writing if the city denies a + registration or renewal certificate, and shall provide the applicant + an opportunity to respond to or cure any defect in the written + application or renewal for a period of ten days from the date of the + written notification. An applicant aggrieved by a decision of the + city denying a registration or renewal may appeal the decision to + the city manager as provided in the Administrative Procedures Act + (75 O.S. § 250 et seq.), or the applicant may reapply after a 90-day + waiting period, if otherwise eligible in the provisions of this + chapter. The application and renewal fees shall not be refundable. +4. The city shall classify as not in good standing the registration of + any roofing contractor who fails to: + 1. Maintain liability insurance coverage; + 2. Maintain workers\' compensation coverage satisfactory under the + Workers\' Compensation Act, or provide an affidavit of exemption + or self-insurance as authorized pursuant to the Administrative + Workers\' Compensation Act (85A O.S. § 1 et seq.); + 3. File, renew, or properly amend any fictitious name certificate; + 4. Maintain an active status of a corporation or registration as a + foreign corporation, a limited liability company or registration + as a foreign limited liability company, a limited liability + partnership registration or foreign limited liability + partnership registration, or a limited partnership certificate + or limited partnership or foreign limited partnership + certificate of authority, with the office of the secretary of + state; + 5. File or renew a trade name registration; + 6. Maintain or renew a roofing contractor registration as provided + in this chapter; + 7. Notify the city of a change in name, address, legal business + entity, legal service agent, or adjudication by a court of + competent jurisdiction for any act or omission specified in 59 + O.S. § 1151.14(A) or a violation of this chapter; + 8. Maintain a registration as required by law in another state + while registered in this state as a nonresident roofing + contractor; or + 9. File and pay all taxes when due in the state. +5. The city shall send a written notice to the person when his + registration is not in good standing. Any roofing contractor who has + been notified by the city that his registration is not in good + standing shall cease soliciting or entering new roofing services and + projects as of the date of such notification; however, the roofing + contractor shall be allowed to complete roofing projects where + actual physical work has begun prior to the date of issuance of the + notice that his registration is not in good standing. If the roofing + contractor fails to correct the deficiency specified in the notice + by evidence satisfactory to the registrar within 30 days of the date + of the notice, or if the roofing contractor solicits or enters into + new roofing services contracts or projects while the roofing + contractor\'s registration is not in good standing, or while such + registration is suspended or revoked, the roofing contractor shall + be in violation of the provisions of this chapter. Any registration + that remains not in good standing for a 60-day period shall be + suspended on the 60th day from the date of issuance of the notice to + the roofing contractor that his registration is not in good + standing. Any registration that remains not in good standing, and is + suspended for such cause, shall be revoked on the 90th day from the + date of issuance of the notice to the roofing contractor that his + registration is not in good standing. The city shall notify the + roofing contractor upon suspension or revocation of his registration + for failure to comply in bringing such registration into good + standing as required by law. The roofing contractor may reinstate + his registration to good standing by paying the required fees + provided in section 5-1007 and complying with all other requirements + for issuance of a registration in good standing. Any person + aggrieved by the decision of the city to suspend or revoke a + registration pursuant to this section may appeal such decision to + the city manager\'s office. + +(Code 1999, § 5-1004; Ord. No. 689(10), 12-6-2010) + +
+ +::: phx-name +[Sec 5-1005 Criminal History Records Search Or Background +Check](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1005_Criminal_History_Records_Search_Or_Background_Check){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. When deemed appropriate, the city may conduct a criminal history + records search or background check on any applicant or registered + roofing contractor and may investigate the information submitted on + a roofing contractor application or renewal form, provided no + adverse action may be taken against the person until the person has + been notified and given an opportunity to respond in writing. +2. The city, its agents, employees and assigns shall not be liable and + are granted immunity for the acts or omissions of any registered + roofing contractor or its employees, or for any person\'s failure or + omission to properly disclose any information on an application or + renewal form, including, but not limited to, pending criminal + charges, arrests or prior criminal history records, disclosure of + his roofing contractor registration status, or his qualifications to + perform or act as a roofing contractor. + +(Code 1999, § 5-1005; Ord. No. 689(10), 12-6-2010) + +
+ +::: phx-name +[Sec 5-1006 Roofing Contractor Registration Certificate, Business +Limitations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1006_Roofing_Contractor_Registration_Certificate,_Business_Limitations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The holder of a roofing contractor registration certificate is entitled +to engage in the roofing business within the city pursuant to the +provisions of this chapter, and subject to the following limitations: + +1. A roofing contractor\'s registration certificate number shall be + valid and in good standing at the time of soliciting a project and + during subsequent job performance; +2. A roofing contractor\'s registration certificate number shall be + submitted when applying for any permit issued by the state, or any + of its political subdivisions, for commercial or residential roofing + services or projects, if a permit is required by such authority, and + shall be written upon each permit issued; +3. A roofing contractor\'s registration certificate cannot be shared or + used by any other individual or business entity; provided, however, + a business, firm, partnership, association, corporation, limited + liability company, or other group or combination thereof acting as a + unit may be granted a single roofing registration certificate number + for use by designated roofing contractors acting as agents for the + business entity when the application for registration contained + sufficient information on each member, partner, officer and agent + and the state issued a single certificate number to such persons as + a business unit; +4. Upon any change to the name, address, business entity, or legal + service agent of a roofing contractor or upon adjudication by a + court of competent jurisdiction for a violation of this chapter or + an act or omission specified in 59 O.S. § 1151.14(A), the city shall + be notified in writing; +5. A roofing contractor shall comply with state laws and local + ordinances relating to standards and permits for roofing services + and projects; and +6. A roofing contractor must pay taxes due in the state. + +(Code 1999, § 5-1006; Ord. No. 689(10), 12-6-2010) + +
+ +::: phx-name +[Sec 5-1007 Registration +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1007_Registration_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. At the time of making application for a roofing contractor + registration certificate pursuant to this chapter, the applicant + shall pay to the city a fee to be set by resolution for the annual + registration certificate. +2. All monies collected by the city for roofing contractor registration + applications, renewals and other fee assessments shall be deposited + by the city into the general fund. +3. The fee to be submitted with an application for a roofing contractor + registration may be prorated as set by the city. Unless prorated at + the time of initial registration, fees shall be paid in the amount + stated in subsection (A) of this section and such registration + certificates shall expire June 30 each year. +4. A renewal fee for a roofing contractor registration shall be set by + resolution for the annual renewal registration certificate. + +(Code 1999, § 5-1007; Ord. No. 689(10), 12-6-2010) + +
+ +::: phx-name +[Sec 5-1008 Applicability Of Roofing Contractor +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1008_Applicability_Of_Roofing_Contractor_Registration){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The Roofing Contractor Registration Act does not apply to: + 1. An actual owner of residential or farm property who physically + performs, or has employees who perform, roofing services + including construction, installation, renovation, repair, + maintenance, alteration, waterproofing, or removal of materials + or structures on his own dwelling or another structure located + on the residential or farm property owned by such person without + the assistance of any registered roofing contractor as such term + is defined by this chapter; + 2. Any authorized employee, representative or representatives of + the United States Government, the state, or any county, + municipality, or other political subdivision of the state; and + 3. Any person who furnishes any fabricated or finished product, + material, or article of merchandise which is not incorporated + into or attached to real property by such person so as to become + affixed thereto. +2. Any administrative or governing body with authority to enter into + public contracts shall require individual roofing contractor + registration for purposes of such persons submitting or entering + into any bid or contract. + +(Code 1999, § 5-1008; Ord. No. 689(10), 12-6-2010) + +
+ +::: phx-name +[Sec 5-1009 Issuance Or Denial Of +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1009_Issuance_Or_Denial_Of_Registration){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Within 25 calendar days from the date of application, the city shall +either issue or deny the roofing contractor registration. No +registration shall be issued to an applicant until the city receives all +documentation and fees necessary to obtain a registration certificate in +good standing. The registration certificate issued on an original +application entitles the person to act as a roofing contractor within +the city subject to the limitations of this chapter, until the +expiration of the then current fiscal year ending June 30, except that +an initial registration issued in May or June is valid until June 30 of +the subsequent year. On the effective date of the ordinance from which +this chapter is derived, a prorated registration certificate issued +between January 1, 2011, and April 30, 2011, shall be valid until June +30, 2011. + +(Code 1999, § 5-1009; Ord. No. 689(10), 12-6-2010) + +
+ +::: phx-name +[Sec 5-1010 Change In Roofing Contractor\'s Name, Address, Legal Service +Agent, Or Cease Of Business, +Notification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1010_Change_In_Roofing_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business,_Notification){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No later than ten days after the date of a change in a roofing +contractor\'s name, address, or legal service agent, or upon a +registered roofing contractor ceasing business as a roofing contractor, +the person shall notify the city of the change on a form provided by the +city. A name, address, or legal service agent change shall be +accompanied by a fee to be set by resolution. A person may not change +his name under an active registration certificate if the change is +associated with a change in the legal status of the business entity +other than a change in marital status. Doing business under a new +business name or change in legal status of a business requires issuance +of a new registration certificate. When a registered roofing contractor +ceases to be active as a roofing contractor, the city shall suspend the +registration certificate of such contractor. + +(Code 1999, § 5-1010; Ord. No. 689(10), 12-6-2010) + +
+ +::: phx-name +[Sec 5-1011 Certificate Of +Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1011_Certificate_Of_Renewal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any roofing contractor registration certificate issued under this + chapter may be renewed for each successive fiscal year by obtaining + from the city a certificate of renewal. To obtain a certificate of + renewal, the person shall file with the city a renewal application + by June 30 and pay the renewal fee. The application for renewal + shall require statements under oath that the applicant has properly + submitted income and employment taxes due in the state; whether or + not the applicant has been convicted of any felony offense, and the + nature of such offense, since issuance of the prior registration; + and whether or not the applicant has been adjudicated by a court of + competent jurisdiction for any violation of this chapter or any act + or omission specified in 59 O.S. § 1151.14(A). The city may forward + a copy of any information in an application for renewal to the state + tax commission and any other state agency. The applicant shall + include with the renewal application a copy of certificate of + liability insurance, unless the registrar has a current valid + certificate of liability insurance on file, proof of workers\' + compensation coverage, unless exempt under the Administrative + Workers\' Compensation Act (85A O.S. § 1 et seq.), and, if + applicable, a copy of the current registration certificate required + by law for roofing contractors. The renewal application need not be + notarized. + +2. The city shall refuse to renew a roofing contractor\'s registration + certificate for any reason stated in 59 O.S. § 1151.5(B) or section + 5-1004 of this chapter. The city shall notify the applicant in + writing if the city denies the renewal. + +3. If any roofing contractor fails to file a renewal application by the + June 30 deadline that contractor\'s registration shall be not in + good standing. A roofing contractor has a 30-day grace period after + June 30 to renew the registration certificate without a late fee. + The late fee shall be set by the city and such fee shall not exceed + \$25.00. A roofing contractor registration certificate not renewed + by August 30 shall be suspended for failure to renew, and on January + 1, if a roofing contractor\'s registration certificate still has not + been renewed, it shall be revoked for failure to renew. + +4. 1. A roofing contractor desiring to renew a registration + certificate that has been suspended for any cause provided in + this chapter shall be assessed a fee equal to twice the amount + of the fee established as a renewal amount. + 2. The city shall assess a reinstatement fee to be set by + resolution plus the fee established by section 5-1007 for any + registration that has been revoked for any cause provided in + this chapter. + 3. A roofing contractor submitting an application for registration + after suspension or revocation of that contractor\'s + registration certificate must be otherwise eligible for + registration under this chapter. + +5. The city shall include a registration status notation in a roofing + contractor\'s record if the status of registration changes from an + active and valid registration to not in good standing, denied, + suspended or revoked. + +(Code 1999, § 5-1011; Ord. No. 689(10), 12-6-2010) + +
+ +::: phx-name +[Sec 5-1012 Contractor\'s Agent For Service Of +Process](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1012_Contractor's_Agent_For_Service_Of_Process){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every applicant for a roofing contractor\'s registration who is a +nonresident contractor as defined by this chapter, by signing and filing +the application, appoints the secretary of state as the applicant\'s +true and lawful agent upon whom may be served all lawful process in any +action or proceeding against such nonresident contractor for +construction projects performed in the state. Such appointment in +writing is evidence of the roofing contractor\'s consent that any such +process against the contractor which is served upon the secretary of +state shall be of the same legal force and effect as if served upon the +contractor personally within the state. Registered foreign corporations, +registered foreign limited liability companies, foreign limited +liability partnerships and foreign limited partnerships entitled to do +business in the state having a current registered agent and registered +address on file in the office of the secretary of state need not appoint +the secretary of state as agent for service of process under this +section. Within ten days after service of the summons upon the secretary +of state, notice of such service with the summons and complaint in the +action shall be sent to the defendant roofing contractor at the +defendant contractor\'s last-known address by registered or certified +mail with return receipt requested and proof of such mailing shall be +attached to the summons. The secretary of state shall keep a record of +all process served upon the secretary of state under this section, +showing the day and hour of service. Whenever service of process was +made under this section, the court, before entering a default judgment, +or at any stage of the proceeding, may order such continuance as may be +necessary to afford the defendant contractor reasonable opportunity to +defend any action pending against the defendant contractor. + +(Code 1999, § 5-1012; Ord. No. 689(10), 12-6-2010) + +
+ +::: phx-name +[Sec 5-1013 Application For Building Permits; Disclosure Of Registration +Certificate +Number](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1013_Application_For_Building_Permits;_Disclosure_Of_Registration_Certificate_Number){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. When applying for any permit required by the state or any of its + political subdivisions for roofing services or jobs, a roofing + contractor shall supply the permit-issuing official that roofing + contractor\'s registration certificate number issued pursuant to + this chapter. That official shall enter a roofing contractor\'s + registration number on the permit. +2. A person performing as a roofing contractor on his own property, + although exempt from the registration requirements of this chapter, + shall, when applying for a permit required for the project, supply + the permit-issuing official any roofing contractor registration + number, as soon as available, of each roofing subcontractor engaged + in roofing services and doing work covered by the permit, if any. + That official shall enter each roofing contractor registration + number so supplied before inspection of the job. +3. A roofing contractor shall display his state roofing contractor + registration number issued pursuant to this chapter on each + commercial vehicle used for roofing services and upon every business + sign, card, correspondence, and contract used to solicit and conduct + roofing services in the state. + +(Code 1999, § 5-1013; Ord. No. 689(10), 12-6-2010) + +
+ +::: phx-name +[CHAPTER 5-11 STORM +SHELTERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-11_STORM_SHELTERS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 5-1101 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1101_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-1102 Permits +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1102_Permits_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 5-1103 Standards And +Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1103_Standards_And_Specifications){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 5-1101 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1101_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Storm shelter* means any under-ground structure designed to current +FEMA standards to protect its occupants from the effects of wind and +debris resulting from a tornado or severe weather event. + +(Code 1999, § 5-1101; Ord. No. 707(11), 10-17-2011) + +
+ +::: phx-name +[Sec 5-1102 Permits +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1102_Permits_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No storm shelter shall be constructed within the city unless a + building permit has been issued by the building inspection + department. +2. All storm shelter construction shall comply with the standards + contained in FEMA Publication 320, FEMA Publication 361 or ICC 500, + or the applicable succeeding publication. + +(Code 1999, § 5-1102; Ord. No. 707(11), 10-17-2011) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[864(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334626_Ordinance%20No.%20864(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2017\ +* +::: + +
+ +::: phx-name +[Sec 5-1103 Standards And +Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1103_Standards_And_Specifications){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No preshaped shelter, such as metal, plastic, wood, plexiglass, + etc., shall be approved unless the design is sufficient to prevent + flotation when the shelter is empty. Flotation force is considered + to be 100 percent. Weight of earthen fill will not be considered in + reducing this flotation factor. +2. All shelters constructed in front yards or, in the case of a corner + lot, in side yards that abut a street or public access and are not + fenced, shall not have any projection to include backfill, cover, + hatches, stairs, or vent pipes exceeding 18 inches above grade in + height, with measuring the point to be 12 inches from any side or + radius of the constructed shelter. +3. All underground storm shelters constructed in front, side or rear + yards that are not enclosed by a fence shall be provided with a + locking device. +4. No underground storm shelter shall be used for any type of occupancy + other than as a storm shelter. +5. All concrete used in shelter construction shall have a compressive + strength of not less than 3,500 pounds per square inch. +6. All shelters shall be adequately waterproofed to prevent seepage. + +(Code 1999, § 5-1103; Ord. No. 707(11), 10-17-2011) + +
+ +::: {.phx-name .phx-break} +[PART 6 +COURT](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_6_COURT){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 6-1 COURT +PROCEDURE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-1_COURT_PROCEDURE){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 6-2 +JUDGE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-2_JUDGE){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 6-3 JURY +TRIALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-3_JURY_TRIALS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 6-4 PROCEEDING AGAINST +CORPORATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-4_PROCEEDING_AGAINST_CORPORATIONS){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Municipal courts, 11 O.S. § 27-101 et seq.\ + +
+ +::: phx-name +[CHAPTER 6-1 COURT +PROCEDURE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-1_COURT_PROCEDURE){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 6-101 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-101_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-102 +Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-102_Purpose){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-103 +Jurisdiction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-103_Jurisdiction){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-104 Change Of Venue; Disqualification Of +Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-104_Change_Of_Venue;_Disqualification_Of_Judge){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-105 Chief Of Police As Principal Officer Of +Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-105_Chief_Of_Police_As_Principal_Officer_Of_Court){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-106 Clerk Of Court; +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-106_Clerk_Of_Court;_Duties){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-107 City Attorney, Powers And +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-107_City_Attorney,_Powers_And_Duties){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-108 +Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-108_Bond){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-109 Authority Of Judge To Prescribe +Rules](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-109_Authority_Of_Judge_To_Prescribe_Rules){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-110 Traffic Violations Bureau Created; Payment Of Fines, Fines In +Lieu Of +Appearance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-110_Traffic_Violations_Bureau_Created;_Payment_Of_Fines,_Fines_In_Lieu_Of_Appearance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-111 Designation Of Fines, Traffic Violations +Bureau](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-111_Designation_Of_Fines,_Traffic_Violations_Bureau){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-112 Prosecutions; Filing Of Complaint; Fees, Defects Raised Prior +To +Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-112_Prosecutions;_Filing_Of_Complaint;_Fees,_Defects_Raised_Prior_To_Trial){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-113 Ordinance Violations; Procedures For Issuing Citation; +Custody, +Arrest](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-113_Ordinance_Violations;_Procedures_For_Issuing_Citation;_Custody,_Arrest){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-114 Traffic Bail Bond +Act](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-114_Traffic_Bail_Bond_Act){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-115 Issuance Of Summons; Failure To +Appear](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-115_Issuance_Of_Summons;_Failure_To_Appear){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-116 Failure To Appear According To Terms Of Bond, Bond +Forfeiture, Bench +Warrant](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-116_Failure_To_Appear_According_To_Terms_Of_Bond,_Bond_Forfeiture,_Bench_Warrant){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-117 Complainant, Witnesses, Failure To +Appear](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-117_Complainant,_Witnesses,_Failure_To_Appear){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-118 Arrests, Release By Signing Citation; Bail; Amount And +Conditions, Temporary Cash +Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-118_Arrests,_Release_By_Signing_Citation;_Bail;_Amount_And_Conditions,_Temporary_Cash_Bond){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-119 Procedures For Bail Or Bond +Schedule](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-119_Procedures_For_Bail_Or_Bond_Schedule){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-120 +Arraignment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-120_Arraignment){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-121 Postponement Of +Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-121_Postponement_Of_Trial){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-122 Defendant\'s Presence Required At +Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-122_Defendant's_Presence_Required_At_Trial){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-123 Procedure For Trials Not Within Scope Of +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-123_Procedure_For_Trials_Not_Within_Scope_Of_Chapter){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-124 +Judgment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-124_Judgment){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-125 Judgment Of +Imprisonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-125_Judgment_Of_Imprisonment){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-126 Suspension Or Deferment Of Judgment, +Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-126_Suspension_Or_Deferment_Of_Judgment,_Powers){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-127 Payment Of Costs By +Defendant](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-127_Payment_Of_Costs_By_Defendant){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-128 Witness +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-128_Witness_Fees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-129 Enforcement Of Fines And Costs, Imprisonment, Work And +Community +Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-129_Enforcement_Of_Fines_And_Costs,_Imprisonment,_Work_And_Community_Service){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-130 Same Offense Punishable By Different Sections Of +Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-130_Same_Offense_Punishable_By_Different_Sections_Of_Code){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-131 Contempt Of +Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-131_Contempt_Of_Court){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-132 Juvenile Traffic +Offenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-132_Juvenile_Traffic_Offenses){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-133 Penalty +Assessments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-133_Penalty_Assessments){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-134 Fines Recoverable By Civil Action; Failure To Pay Separate +Offense, +Imprisonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-134_Fines_Recoverable_By_Civil_Action;_Failure_To_Pay_Separate_Offense,_Imprisonment){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 6-101 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-101_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Chief of police* means the peace officer in charge of the police force +of the city. + +*Clerk* means the court clerk as appointed by the city manager, +including any deputy or member of the office staff of the clerk while +performing duties of the clerk\'s office. + +*Court* means the municipal criminal court of the city. + +*Judge* means the judge of the municipal criminal court, including any +acting judge or alternate judge thereof as provided for by the statutes +of the state and this chapter. + +*This judicial district* means the district court judicial district of +the state wherein the government of the city is situated. + +(Prior Code, § 15-2; Code 1999, § 6-101) + +
+ +::: phx-name +[Sec 6-102 +Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-102_Purpose){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This chapter shall govern the organization and operation of the +municipal criminal court of the city, as put into operation by +resolution duly passed on January 6, 1969, and filed in accordance with +law, as authorized by state statutes. To the extent of conflict between +any provisions of this chapter and the provisions of any other ordinance +of the city, the provisions of this chapter shall control. + +(Prior Code, § 15-1; Code 1999, § 6-102) + +
+ +::: phx-name +[Sec 6-103 +Jurisdiction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-103_Jurisdiction){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The court shall exercise original jurisdiction to hear and determine all +prosecutions wherein a violation of any ordinance of the city is +charged. + +(Prior Code, § 15-1; Code 1999, § 6-103) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-103. + +
+ +::: phx-name +[Sec 6-104 Change Of Venue; Disqualification Of +Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-104_Change_Of_Venue;_Disqualification_Of_Judge){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No change of venue shall be allowed from any municipal court, but + the judge of the municipal court may be disqualified under the same + terms and conditions as are now provided by law for courts of + record. +2. In the event of an ethical disqualification by a municipal judge, + the senior municipal judge may appoint, on a case-by-case basis, a + sitting municipal judge in another municipality within the same + county or an adjacent county to act as a special judge for the + purposes of hearing the case. + +(Prior Code, § 15-15; Code 1999, § 6-104) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-105. + +
+ +::: phx-name +[Sec 6-105 Chief Of Police As Principal Officer Of +Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-105_Chief_Of_Police_As_Principal_Officer_Of_Court){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All writs or processes of the court shall be directed, in his official +title, to the chief of police, who shall be the principal officer of the +court. + +(Prior Code, § 15-19; Code 1999, § 6-105) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-110. + +
+ +::: phx-name +[Sec 6-106 Clerk Of Court; +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-106_Clerk_Of_Court;_Duties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The clerk or a deputy designated by him shall be the clerk of the + court. +2. The clerk shall: + 1. Assist the judge in recording the proceedings of the court and + in preparing writs, processes and other papers; + 2. Administer oaths required in proceedings before the court; + 3. Enter all pleadings, processes and proceedings in the dockets of + the courts; + 4. Perform such other clerical duties relating to the proceedings + of the court as the judge shall direct; and + 5. Receive any receipt for forfeitures, fees, deposits and sums of + money payable to the court and as may be established by the + court or the city council. +3. The clerk shall pay to the clerk of the city all money so received + by him, except such special deposits or fees as shall be received to + be disbursed by him for special purposes. All money paid to the + clerk shall be placed in the general fund of the city, or in such + other fund as the council may direct. + +(Prior Code, § 15-16; Code 1999, § 6-106) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-109. + +
+ +::: phx-name +[Sec 6-107 City Attorney, Powers And +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-107_City_Attorney,_Powers_And_Duties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city attorney or his duly designated assistant may be the +prosecuting officer of the court. He may prosecute, in his discretion, +all alleged violations of the ordinances of the city. He shall be +authorized, in his discretion, to prosecute and resist appeals, +proceedings in error and review from this court to any other courts of +the state, and to represent the city in all proceedings arising out of +matters in this court. + +(Prior Code, § 15-18; Code 1999, § 6-107) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-108. + +
+ +::: phx-name +[Sec 6-108 +Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-108_Bond){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The clerk of the court shall give bond in such sum as set by the +council, in the form provided by state law. When executed, the bond +shall be submitted to the council for approval. When approved, it shall +be filed with the clerk and retained in the municipal archives. + +(Prior Code, § 15-17; Code 1999, § 6-108) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-111. + +
+ +::: phx-name +[Sec 6-109 Authority Of Judge To Prescribe +Rules](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-109_Authority_Of_Judge_To_Prescribe_Rules){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The judge may prescribe rules, consistent with the laws of the state and +with the ordinances of the city, for the proper conduct of the business +of the court. + +(Code 1999, § 6-109) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-114. + +
+ +::: phx-name +[Sec 6-110 Traffic Violations Bureau Created; Payment Of Fines, Fines In +Lieu Of +Appearance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-110_Traffic_Violations_Bureau_Created;_Payment_Of_Fines,_Fines_In_Lieu_Of_Appearance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A traffic violations bureau is established as a division of the + office of the clerk of the court, to be administered by the clerk or + by subordinates designated for that purpose. Persons who are cited + for violation of one of the following traffic ordinances of the + city, other than: + 1. Driving while intoxicated or driving while impaired; + 2. Leaving the scene of an accident; + 3. Reckless driving; + 4. Violation of financial responsibility requirements; + 5. Driver\'s license offenses (e.g., suspended, revoked, etc.); or + 6. Failure to obey citation; + + may elect to pay a fine in the traffic violations bureau according + to a schedule of fines prescribed from time to time by the council. + The payment shall constitute a final determination of the cause + against the defendant. +2. The court may adopt rules to carry into effect this section. If a + defendant who has elected to pay a fine under this section fails so + to do, prosecution shall proceed under the provisions of this + chapter. + +(Code 1999, § 6-110) + +
+ +::: phx-name +[Sec 6-111 Designation Of Fines, Traffic Violations +Bureau](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-111_Designation_Of_Fines,_Traffic_Violations_Bureau){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city council shall designate by motion or resolution the specified +offenses for which payment of fines may be accepted by the traffic +violations bureau and shall specify by suitable schedules the amount of +such fines for first, second and subsequent offenses, and shall further +specify what number of such offenses shall require appearance before the +judge. A copy of the fine schedule shall be kept on file in the office +of the court clerk. + +(Code 1999, § 6-111) + +
+ +::: phx-name +[Sec 6-112 Prosecutions; Filing Of Complaint; Fees, Defects Raised Prior +To +Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-112_Prosecutions;_Filing_Of_Complaint;_Fees,_Defects_Raised_Prior_To_Trial){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All prosecutions for violation of ordinances of this city shall be + styled \"The City of Moore, Oklahoma vs. (naming defendant or + defendants).\" Except as provided hereinafter, prosecutions shall be + initiated by the filing of a written complaint, subscribed and + verified by the person making the complaint, and setting forth + concisely the offense charged. +2. Any person, except a police officer or other employee of the city, + filing a criminal offense complaint in the municipal court shall + deposit with the clerk of the court, unless waived by order of the + court, the court cost fee as provided in this chapter. The court + costs so deposited by such a complainant shall be refunded to the + complainant or person depositing same upon conviction or acquittal + of the defendant; the court costs shall not be refunded if the + charges are dismissed at the request of the complainant who made the + deposit or because the complainant fails or refuses to appear in + court to testify or aid in the prosecution of the charge filed by + such complainant. +3. All defects in the form or substance apparent on the face of a + complaint charging a violation of an ordinance of the city, and + being grounds for motion or demur, may only be raised by an accused + in writing and prior to trial. +4. A complaint may be amended in matter of substance or form at any + time before the defendant pleads, without leave, and may be amended + after plea or order of the court where the same can be done without + material prejudice to the rights of the defendant. No amendment + shall cause any delay of the trial, unless good cause is shown by + affidavit. + +(Prior Code, §§ 15-20, 15-21; Code 1999, § 6-112) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-115. + +
+ +::: phx-name +[Sec 6-113 Ordinance Violations; Procedures For Issuing Citation; +Custody, +Arrest](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-113_Ordinance_Violations;_Procedures_For_Issuing_Citation;_Custody,_Arrest){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. If a resident of the city is arrested by a law enforcement officer + for the violation of any traffic ordinance for which other + provisions of this chapter do not apply, or is arrested for the + violation of a nontraffic ordinance, the officer shall immediately + release the person if the person acknowledges receipt of a citation + by signing it. However, the arresting officer need not release the + person if it reasonably appears to the officer that the person may + cause injury to himself or others or damage to property if released, + that the person will not appear in response to the citation, or the + person is arrested for an offense against a person or property. If + the person fails to appear in response to the citation, a warrant + shall be issued for his arrest and his appearance shall be + compelled. +2. If the arrested resident is not released by being permitted to sign + a citation as provided in this section, he shall be admitted to bail + either before or after arraignment, or shall be released on personal + recognizance. +3. If a nonresident of the city is arrested by a law enforcement + officer for a violation of any ordinance for which section 6-114 + does not apply, the defendant shall be eligible to be admitted to + bail either before or after arraignment. +4. If the alleged offense is a violation of an ordinance restricting or + regulating the parking of vehicles, including any regulations issued + under such an ordinance, and the operator is not present, the police + officer shall place on the vehicle, at a place reasonably likely to + come to the notice of the operator, a citation conforming + substantially to that prescribed in this section, with such + variation as the circumstances require, the operator of this vehicle + shall be under the same obligation to respond to the citation as if + it had been issued to him personally under subsection (A) of this + section. + +(Code 1999, § 6-113) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-117. + +
+ +::: phx-name +[Sec 6-114 Traffic Bail Bond +Act](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-114_Traffic_Bail_Bond_Act){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If a resident or nonresident of a municipality having a municipal court +is arrested by a law enforcement officer solely for a misdemeanor +violation of a traffic ordinance, other than an ordinance pertaining to +a parking or standing traffic violation, and the arrested person is +eligible to sign a written promise to appear and be released upon +personal recognizance as provided for in 22 O.S. § 1115, then the +procedures provided for in the State and Municipal Traffic Bail Bond +Procedure Act (22 O.S. § 1115 et seq.) as applied to municipalities, +shall govern. A municipality, by ordinance, may prescribe a bail bond +schedule for this purpose and may provide for bail to be used as payment +of the fine and costs upon a plea of guilty or nolo contendere, as +provided for in 22 O.S. § 1115.1. Absent such ordinance, the municipal +court may prescribe a bail bond schedule for traffic offenses. The +amount of bail shall not exceed the maximum fine and costs provided by +ordinance for each offense, unless the defendant has a previous history +of failing to appear according to the terms or conditions of a bond, in +which case the amount of bail shall not exceed \$1,000.00. + +(Code 1999, § 6-114) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-117.1. + +
+ +::: phx-name +[Sec 6-115 Issuance Of Summons; Failure To +Appear](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-115_Issuance_Of_Summons;_Failure_To_Appear){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Upon the filing of a complaint charging violation of an ordinance, + the judge, unless he determines to issue a warrant of arrest, or + unless the defendant previously has been issued a citation or has + been arrested and has given bond for appearance, shall issue a + summons, naming the person charged, specifying his address or place + of residence, if known, stating the offense with which he is charged + and giving him notice to answer the charge in the court on a day + certain, containing a provision for the official return of the + summons, and including such other pertinent information as may be + necessary. +2. The summons shall be served by delivering a copy to the defendant + personally or by certified mail. If he fails to appear and to answer + the summons within the prescribed period, a warrant shall be issued + for his arrest, as provided by this chapter. +3. Any person who has been duly served with a summons or traffic + citation and who has signed a written promise to appear in court as + directed in the summons or the citation or as subsequently directed + by the court, and who fails to appear pursuant to his written + promise or as directed by the court, shall be deemed guilty of an + offense, which shall be punishable as provided in section 1-108. + +(Prior Code, § 15-22; Code 1999, § 6-115) + +
+ +::: phx-name +[Sec 6-116 Failure To Appear According To Terms Of Bond, Bond +Forfeiture, Bench +Warrant](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-116_Failure_To_Appear_According_To_Terms_Of_Bond,_Bond_Forfeiture,_Bench_Warrant){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. If, without sufficient excuse, a defendant fails to appear according + to the terms or conditions of his bond, either for hearing, + arraignment, trial or judgment, or upon any other occasion when his + presence in court or before the judge may be lawfully required or + ordered, the judge may direct that fact to be entered upon the court + minutes, thereby declaring the bond to be forfeited. The judge may + also order a bench warrant to be issued for the defendant as + provided in this chapter. +2. The judge, without advancing court costs, may also cause the + forfeiture to be certified to the district court of the county, + where it shall be entered upon the judgment docket and shall have + the full force and effect of a district court judgment. At such time + as the forfeiture is entered upon the district court judgment + docket, the district court clerk shall proceed in accordance with + the provisions of 59 O.S. §§ 1330, 1332, 1333 and 1335, and a surety + shall have all remedies available under the provisions of 22 O.S. § + 1108 and 59 O.S. §§ 1301 through 1340. +3. Court costs shall be collectible from the proceeds of the bond. + +(Code 1999, § 6-116) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-118. + +
+ +::: phx-name +[Sec 6-117 Complainant, Witnesses, Failure To +Appear](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-117_Complainant,_Witnesses,_Failure_To_Appear){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person, having signed a complaint in the municipal court of the city +alleging the violation of an ordinance or any other person in response +to an order of the court, shall fail, refuse or neglect to appear for +the purpose of testifying as a witness at the trial of the case, after +having been notified of the time, date and place at which the case is +set for trial. + +(Code 1999, § 6-117) + +
+ +::: phx-name +[Sec 6-118 Arrests, Release By Signing Citation; Bail; Amount And +Conditions, Temporary Cash +Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-118_Arrests,_Release_By_Signing_Citation;_Bail;_Amount_And_Conditions,_Temporary_Cash_Bond){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. If a resident of the city is arrested by a law enforcement officer + for the violation of any traffic ordinance for which 11 O.S. § + 27-117.1 does not apply, or is arrested for the violation of a + nontraffic ordinance, the officer shall immediately release said + person if the person acknowledges receipt of a citation by signing + it; provided, however, the arresting officer need not release said + person if it reasonably appears to the officer that the person may + cause injury to himself or others or damage to property if released, + that the person will not appear in response to the citation, or the + person is arrested for an offense against a person or property. If + said person fails to appear in response to the citation, a warrant + shall be issued for his arrest and his appearance shall be + compelled. If the arrested resident is not released by being + permitted to sign a citation as provided for in this subsection, he + shall be admitted to bail either before or after arraignment, or + shall be released on personal recognizance. A municipality may + prescribe a fine for up to the maximum amount authorized by courts + not of record for failure of a person to have a valid driver\'s + license when charged with a traffic violation. +2. If a nonresident of the city is arrested by a law enforcement + officer for a violation of any ordinance for which 11 O.S. § + 27-117.1 does not apply, the defendant shall be eligible to be + admitted to bail either before or after arraignment. +3. The amount and conditions of bail granted pursuant to the provisions + of subsections (A) and (B) of this section shall be determined by + the judge who shall prescribe rules for the receipt of bail and for + the release on personal recognizance. The amount of bail for each + offense shall not exceed the maximum fine plus court costs, unless + the defendant has a previous history of failing to appear according + to the terms or conditions of a bond, in which case the amount of + bail shall not exceed \$1,000.00. In the event of arrests at night, + emergencies, or when the judge is not available, a court official, + the chief of police or his designated representative may be + authorized by the judge, subject to such conditions as shall be + prescribed by the judge, to accept a temporary cash bond in a + sufficient amount to secure the appearance of the accused. The cash + bond shall not exceed the maximum fine provided for by ordinance for + each offense charged, unless the defendant has a previous history of + failing to appear according to the terms or conditions of a bond, in + which case the amount of the cash bond shall not exceed \$1,000.00. + The court official, chief of police or his designated representative + is authorized, subject to such conditions as shall be prescribed by + the judge, to release a resident of the city on personal + recognizance. + +(Prior Code, § 15-23; Code 1999, § 6-118) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-117. + +
+ +::: phx-name +[Sec 6-119 Procedures For Bail Or Bond +Schedule](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-119_Procedures_For_Bail_Or_Bond_Schedule){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Upon arrest, or upon appearance without arrest in response to + citation or summons, or at any time before trial, before or after + arraignment, the defendant may be eligible to be released upon + giving bail for his appearance in an amount and upon conditions + fixed by this chapter or the judge, who shall prescribe appropriate + rules of court for the receipt of bail and release of the defendant. + In case of arrests made at night or under other conditions of + emergency or when the judge is not available, the rules shall + authorize the chief of police, or his designated representative, to + accept a temporary bond, in the form of cash, money order, credit + card, or surety bond by a licensed bondsman, of not less than + \$10.00 nor more than the maximum monetary penalty provided by + ordinance for the offense charged. The judge or police chief is + authorized, subject to conditions as may be prescribed by the judge, + to release a resident of the city on personal recognizance. +2. The city\'s bail bond schedule setting forth specific offenses and + bail bond amounts and procedures therefor, as amended from time to + time, is hereby adopted and incorporated herein by reference. + +(Prior Code, § 15-24; Code 1999, § 6-119; Ord. No. 408(03), 5-5-2003; +Ord. No. 513(05), 8-15-2005) + +
+ +::: phx-name +[Sec 6-120 +Arraignment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-120_Arraignment){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Upon making his appearance before the court, the defendant shall be +arraigned. The judge, or the city attorney, shall read the complaint to +the defendant, inform him of his legal rights, including the right of +trial by jury, if available, and of the consequences of conviction, and +ask him whether he pleads guilty or not guilty. If the defendant pleads +guilty, the court may proceed to judgment and sentence or may continue +the matter for subsequent disposition. If the plea is not guilty, and +the case is not for jury trial, the court may proceed to try the case, +or may set it for hearing at a later date. + +(Prior Code, § 15-25; Code 1999, § 6-120) + +
+ +::: phx-name +[Sec 6-121 Postponement Of +Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-121_Postponement_Of_Trial){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Before trial commences, either party, upon good cause shown, may obtain +a reasonable postponement thereof. If the continuance of any matter is +by motion or request of the defendant, a fee as established by the fee +schedule shall be added, unless waived by the court, to the court costs +authorized by section 6-127. + +(Prior Code, § 15-26; Code 1999, § 6-121) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[794(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325950_Ordinance%20No.%20794%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 7/6/2015\ +* +::: + +
+ +::: phx-name +[Sec 6-122 Defendant\'s Presence Required At +Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-122_Defendant's_Presence_Required_At_Trial){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The defendant must be present in person at the trial of his case in +court. + +(Prior Code, § 15-27; Code 1999, § 6-122) + +
+ +::: phx-name +[Sec 6-123 Procedure For Trials Not Within Scope Of +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-123_Procedure_For_Trials_Not_Within_Scope_Of_Chapter){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Except as otherwise provided for by law, the code of procedure in the +municipal court shall be the same as is provided for by law for the +trial of misdemeanors. The court shall take judicial notice of state +statutes and the ordinances of the city in which it is located. Writs +and processes of the court may be issued by the judge or clerk thereof +to any proper officer. All writs and processes of the municipal court in +which a violation of a municipal ordinance is charged shall be directed +to the chief of police, a county sheriff, or to some other appropriate +peace officer. A law enforcement officer of the city or county sheriff +may serve an arrest warrant issued by the municipal court any place +within the state. If the warrant is served by a county sheriff, the city +shall pay the sheriff\'s service fee account a fee of \$20.00. + +(Prior Code, § 15-28; Code 1999, § 6-123) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-113. + +
+ +::: phx-name +[Sec 6-124 +Judgment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-124_Judgment){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +At the close of trial, judgment must be rendered without undue delay by +the judge, who shall cause it to be entered in his docket. + +1. If judgment is of acquittal, and the defendant is not to be detained + for any other legal cause, he must be discharged at once; +2. If the defendant pleads guilty or is convicted after trial, the + court must render judgment thereon, fixing the penalty within the + limits prescribed by the applicable ordinance and imposing sentence + accordingly; and +3. A judgment that the defendant pay a fine may direct also that he be + imprisoned until the fine is satisfied, as provided in section + 6-128. + +(Prior Code, §§ 15-30---15-33; Code 1999, § 6-124) + +
+ +::: phx-name +[Sec 6-125 Judgment Of +Imprisonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-125_Judgment_Of_Imprisonment){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If, after conviction, judgment of imprisonment is entered, a copy +thereof, certified by the clerk, shall be delivered to the chief of +police, the sheriff of the county, or other appropriate officer. Such +copy shall be sufficient warrant for execution of the sentence. + +(Prior Code, § 15-34; Code 1999, § 6-125) + +
+ +::: phx-name +[Sec 6-126 Suspension Or Deferment Of Judgment, +Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-126_Suspension_Or_Deferment_Of_Judgment,_Powers){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The judge of the court in imposing a judgment and sentence, at his + discretion, is empowered to modify, reduce or suspend or defer the + imposition of such sentence or any part thereof and to authorize the + person to be released upon his own recognizance for a period not to + exceed six months from the date of the sentence, under such terms or + conditions as the judge may specify. The judge may, with the consent + of the defendant, defer further proceedings, after a verdict, + finding or plea of guilty, but before passing a judgment of guilt + and imposing a fine, and place the defendant on probation for a + period not to exceed six months, under such terms and conditions as + prescribed by the court, which may include, but not be limited to, + work on the streets, parks or other city-owned or maintained + projects, with proper supervision. +2. A defendant is not entitled to a deferred sentence if the defendant + has been previously convicted of a felony. +3. Upon a finding of the court that the conditions of release have been + violated, the municipal judge may enter a judgment of guilty and may + cause a warrant to be issued for the defendant. +4. Upon the issuance of the warrant or judgment of guilty being + entered, the person shall be delivered forthwith to the place of + confinement to which he is sentenced and shall serve out the full + term or pay the full fine for which he was originally sentenced as + may be directed by the judge. +5. The judge may continue or delay imposing a judgment and sentence for + a period of time not to exceed six months from the date of the + sentence. At the expiration of such period, the judge may allow the + city attorney to amend the charge to a lesser offense. +6. If a deferred sentence is imposed, an administrative fee or fee in + lieu of a fine of up to \$200.00 for traffic offenses involving + speeding or parking violations, up to \$500.00 for all other + violations, and up to \$800.00 for drug and alcohol violations, may + be imposed as costs in the case. The court may make payment of the + fee a condition of granting or continuing the imposition of a + sentence, if the defendant is able to pay. +7. The court may also require restitution and in the event there was + damage done to public or private property during the commission of + the offense, the court may require the defendant to repair or + replace such damaged property as a condition to a deferred sentence + as may be directed by the court. + +(Prior Code, §§ 15-35, 15-36; Code 1999, § 6-126; Ord. No. 459, +8-1-1988; Ord. No. 481(04), 10-18-2004; Ord. No. 553(06), 9-5-2006) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-123. + +
+ +::: phx-name +[Sec 6-127 Payment Of Costs By +Defendant](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-127_Payment_Of_Costs_By_Defendant){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. If judgment of conviction is entered, after the conclusion of a + trial or by plea of guilty or nolo contendere in open court before + the municipal judge, the clerk of the court shall tax the costs to + the defendant in the maximum sum permitted by state law, plus the + fees and mileage of jurors and witnesses, plus a technology fee, + plus a fee for the filing of an expungement order, continuance fees, + all of which the defendant shall pay, in addition to any fine may + which be imposed. +2. Except as otherwise provided in this section, the municipal attorney + may ask the court to require a person confined in a city or county + jail, for any offense, to pay the jail facility the costs of + incarceration, both before and after conviction, upon conviction or + receiving a deferred sentence. The costs of incarceration shall be + collected by the clerk of the court. Costs of incarceration shall + include booking, receiving and processing out, housing, food, + clothing, medical care, dental care, and psychiatric services. The + costs of incarceration shall be an amount equal to the actual cost + of the services and shall be determined by the chief of police for + city jails, or by contract amount, if applicable. The cost of + incarceration shall be paid to the municipality, county or other + public entity responsible for the operation of all jail facilities + where the person is held before and after conviction. The costs + shall not be assessed if the defendant is a mentally ill person as + defined by 43A O.S. § 1-103. Ten percent of any amount collected + shall be paid to the municipal attorney\'s office, the remaining + amount shall be paid to the municipality, the sheriff\'s service fee + account, if the sheriff does not operate the jail facility, the + remaining amount shall be deposited with the public entity + responsible for the operation of the jail facility where the person + is held. +3. Any offender injured during the commission of a felony or + misdemeanor offense shall be required to reimburse the sheriff, + municipality or other public entity responsible for the operation of + the jail, the full amount paid by the sheriff, municipality or other + public entity responsible for the operation of the jail for any + medical care or treatment administered to such offender during any + period of incarceration or preceding incarceration in that jail + facility. The sheriff, municipality or other public entity + responsible for the operation of the jail may deduct the costs of + medical care and treatment resulting from the commission of a felony + or misdemeanor offense from any money collected from such inmate\'s + jail account as authorized by 19 O.S. § 531. If the funds collected + from the inmate\'s jail account are insufficient to satisfy the + actual medical costs paid as a result of the commission of a felony + or misdemeanor offense, the court shall order the remaining balance + of the medical care treatment to be paid. + +(Prior Code, § 15-37; Code 1999, § 6-127; Ord. No. 467, 10-17-1988; Ord. +No. 274(00), 2-22-2000; Ord. No. 409(03), 5-19-2003; Ord. No. 564(06), +10-16-2006) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[795(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326001_Ordinance%20No.%20795%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 7/6/2015\ +* +::: + +
+ +::: phx-name +[Sec 6-128 Witness +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-128_Witness_Fees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Witnesses in any proceeding in the court, other than police or peace + officers who shall be employed by the city, shall be entitled to a + witness fee as established by the city council by motion or + resolution per each day of attendance, plus mileage per mile + actually and necessarily traveled in going to and returning from the + place of attendance, if the residence is more than ten miles distant + from the place of trial. No witness, however, shall receive fees or + mileage in more than one case for the same period of time or for the + same travel. A defendant seeking to subpoena witnesses must deposit + with the court clerk a sum sufficient to cover fees and mileage for + one day of attendance for each witness to be summoned, but such + deposit shall not be required from an indigent defendant who files + an affidavit setting forth: + 1. The names of no more witnesses than the municipal judge for the + city shall determine to be just, necessary and reasonable for + the proper defense of such indigent\'s case; + 2. That the defendant by reason of his poverty is unable to provide + the fees and mileage allowed by law; + 3. That the testimony of such witness is material; and + 4. That the attendance at the trial is necessary to his proper + defense. +2. In any case where an indigent defendant has properly filled out and + filed with the city an affidavit setting forth the above-mentioned + information, the fees for such witnesses shall be paid for by the + city. + +(Prior Code, § 15-29; Code 1999, § 6-128) + +
+ +::: phx-name +[Sec 6-129 Enforcement Of Fines And Costs, Imprisonment, Work And +Community +Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-129_Enforcement_Of_Fines_And_Costs,_Imprisonment,_Work_And_Community_Service){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. If a defendant who is financially able refuses or neglects to pay a + fine or costs, or both, payment may be enforced: + 1. By imprisonment until the same shall be satisfied at the rate of + \$25.00 per day; + 2. The amount established by state law; or + 3. In the same manner as is prescribed in subsection (B) of this + section for a defendant who is without means to make such + payment. +2. If the defendant is without means to pay the fine or costs, the + municipal judge may direct the total amount due to be entered upon + the court minutes and to be certified to the district court in the + county where the situs of the municipal government is located, where + it shall be entered upon the district court judgment docket and + shall have the full force and effect of a district court judgment. + The same remedies shall be available for the enforcement of the + judgment as are available to any other judgment creditor. +3. All defendants, upon conviction or on plea of guilty, may work on + community projects, the public streets, avenues or ways, public + buildings or other public premises or property as may be ordered by + the judge. For such work, the defendant shall be credited toward any + fine or costs or witness or juror fees or mileage until the same are + satisfied. +4. The city shall direct where the work shall be performed. The + appropriate officer shall oversee the work. If a guard is necessary, + the chief of police shall make provision therefor. + +(Code 1999, § 6-129) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-122. + +
+ +::: phx-name +[Sec 6-130 Same Offense Punishable By Different Sections Of +Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-130_Same_Offense_Punishable_By_Different_Sections_Of_Code){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In all cases where the same offense is made punishable or is created by +different sections of this Code, the city attorney may elect under which +to proceed, but not more than one recovery shall be had against the same +person for the same offense. + +(Code 1999, § 6-130) + +
+ +::: phx-name +[Sec 6-131 Contempt Of +Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-131_Contempt_Of_Court){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Obedience to the orders, rules and judgments made by the court may be +enforced by the judge, who may fine or imprison for contempt committed +as to him while holding court, or committed against process issued by +him, in the same manner and to the same extent as the district courts of +the state. + +(Prior Code, § 15-38; Code 1999, § 6-131) + +
+ +::: phx-name +[Sec 6-132 Juvenile Traffic +Offenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-132_Juvenile_Traffic_Offenses){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The municipal court of the city shall have the power to try minors + for violation of all ordinances pertaining to traffic matters and as + otherwise set forth by state law. +2. When the person charged with a municipal traffic violation is a + minor, the citing police officer shall ascertain from the minor the + name and address of his parent or legal guardian, and that officer + shall cause a copy of the violation or a letter containing the same + information to be mailed to the address of the parent or legal + guardian, within three days after the date of the violation. +3. All actions against minors for violation of municipal traffic + offenses shall be heard and determined in the manner provided by law + for the trial of all other municipal traffic offenses and shall + carry the same penalty upon conviction, except no minor may be + detained in any jail, adult lockup, or other adult detention + facility. +4. For purposes of enforcing this section relation to traffic offenses + committed by minors, a minor shall be defined as a person between + the ages of 18 and 14 years of age, inclusive. + +(Prior Code, § 15-4, in part; Code 1999, § 6-132) + +**State Law reference**--- Juvenile jurisdiction, 10A O.S. § 2-2-103. + +
+ +::: phx-name +[Sec 6-133 Penalty +Assessments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-133_Penalty_Assessments){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any person: + 1. Convicted of an offense punishable by a fine of \$10.00 or more + or by imprisonment, excluding parking and standing violations; + or + 2. Forfeiting bond when charged with such an offense under + subsection (A)(1) of this section; + + shall pay a sum as set by state law as a separate penalty assessment + for law enforcement training, and as a separate fingerprinting fee, + which shall be in addition to and not in substitution for any and + all fines and penalties and costs otherwise provided for such + offense. The court shall provide for separate bail for the + assessments; however, a defendant admitted to bail on an undertaking + by a surety may include the amount of the assessment in the + undertaking. +2. Upon conviction or bond forfeiture, the court shall collect the + assessment and deposit the monies for payment as required by state + law. +3. At the end of every quarter the city shall deposit with the state + treasury the funds deposited in the law enforcement training funds + and the A.F.I.S. (automated fingerprint identification system) fund + as required by law. The court clerk shall also furnish to the state + treasury reports required on the funds collected and penalty + assessments imposed each quarter. +4. For the purpose of this section, the term \"conviction\" means any + final adjudication of guilt, whether pursuant to a plea of guilty or + nolo contendere or otherwise, and any deferred or suspended sentence + or judgment. + +(Prior Code, § 15-37.1; Code 1999, § 6-133; Ord. No. 349, 12-19-1983) + +
+ +::: phx-name +[Sec 6-134 Fines Recoverable By Civil Action; Failure To Pay Separate +Offense, +Imprisonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-134_Fines_Recoverable_By_Civil_Action;_Failure_To_Pay_Separate_Offense,_Imprisonment){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All fines shall be recoverable by civil action before any court of + competent jurisdiction in addition to any other method provided by + law. +2. The failure to pay a fine levied pursuant to this Code shall + constitute a separate offense against the city, subject to a fine as + provided in section 1-108. +3. If a fine is not paid by the defendant, the fine may be collected by + working in accordance with other provisions of this Code or state + law. + +(Code 1999, § 6-134) + +
+ +::: phx-name +[CHAPTER 6-2 +JUDGE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-2_JUDGE){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 6-201 Created; +Qualifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-201_Created;_Qualifications){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-202 Term Of +Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-202_Term_Of_Office){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-203 Acting +Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-203_Acting_Judge){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-204 Appointment Of Judge, Alternate +Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-204_Appointment_Of_Judge,_Alternate_Judge){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-205 +Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-205_Compensation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-206 Removal Of Judge From +Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-206_Removal_Of_Judge_From_Office){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-207 +Vacancy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-207_Vacancy){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-208 Additional Duties Of Judge, Advice To Boards And +Commissions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-208_Additional_Duties_Of_Judge,_Advice_To_Boards_And_Commissions){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 6-201 Created; +Qualifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-201_Created;_Qualifications){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There shall be one judge of the court. The judge shall be duly licensed +to practice law in the state. He need not reside within the city. He may +engage in the practice of law while serving as municipal judge. He may +serve as judge of other municipal courts if such service may be +accomplished consistently with his duties as judge of this court, with +the consent of the council. + +(Prior Code, § 15-5; Code 1999, § 6-201) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-104. + +
+ +::: phx-name +[Sec 6-202 Term Of +Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-202_Term_Of_Office){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The official term of the judge shall be indefinite. + +(Prior Code, § 15-7; Code 1999, § 6-202) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-104. + +
+ +::: phx-name +[Sec 6-203 Acting +Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-203_Acting_Judge){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If at any time there is no judge duly appointed and qualified available +to sit as judge, a person possessing the qualifications required by this +chapter for the judge shall be appointed by the city manager as acting +judge. The acting judge shall preside as acting judge over the court in +the disposition of pending matters until such time as a judge or +alternate judge shall be available. + +(Prior Code, § 15-11; Code 1999, § 6-203) + +
+ +::: phx-name +[Sec 6-204 Appointment Of Judge, Alternate +Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-204_Appointment_Of_Judge,_Alternate_Judge){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Judges shall be appointed as provided in the city Charter. +2. There may be appointed for each judge of the court an alternate + judge possessed of the same qualifications as the judge. His + appointment shall be for the same term and made in the same manner + as the judge. He shall sit as judge of the court in any case if the + judge is absent from court, unable to act as judge, or disqualified + from acting as judge in the case. + +(Prior Code, §§ 15-6, 15-11; Code 1999, § 6-204) + +
+ +::: phx-name +[Sec 6-205 +Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-205_Compensation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A judge shall receive such salary as may be established and shall be +paid in the same manner as the salaries of other officials of the city. + +(Code 1999, § 6-205) + +
+ +::: phx-name +[Sec 6-206 Removal Of Judge From +Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-206_Removal_Of_Judge_From_Office){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Judges shall be subject to removal from office by the council for + the causes prescribed by the constitution and laws of the state for + the removal of public officers. Proceedings for removal shall be + instituted by the filing of a verified written petition, setting + forth facts sufficient to constitute one or more legal grounds for + removal. Petitions may be signed and filed by the mayor, or 25 or + more qualified electors of the city. In the latter event, + verification may be executed by one or more of the petitioners. +2. The council shall set a date for hearing the matter and shall cause + notice thereof, together with a copy of the petition, to be served + personally upon the judge at least ten days before the hearing. At + the hearing, the judge shall be entitled to representation by + counsel, to present testimony and to cross examine the witnesses + against him, and to have all evidence against him presented in open + hearing. +3. So far as can be made applicable, the provisions of the Oklahoma + Administrative Procedure Act (75 O.S. § 250 et seq.) governing + individual proceedings shall govern removal proceedings hereunder. +4. Judgment of removal shall be entered only upon individual votes, by + a majority of all members of the council, in favor of such removal. + +(Prior Code, § 15-13; Code 1999, § 6-206) + +**State Law reference**--- Similar provisions, 11 O.S. § 27-104. + +
+ +::: phx-name +[Sec 6-207 +Vacancy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-207_Vacancy){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A vacancy in the office of judge shall occur if the incumbent: + 1. Dies; + 2. Resigns; + 3. Ceases to possess the qualifications for the office; or + 4. Is removed, and the removal proceeding has been affirmed finally + in judicial proceedings or is no longer subject to judicial + review. +2. Upon the occurrence of a vacancy in the office of judge, the city + manager shall appoint a successor to complete the unexpired term, + upon the same procedure as an original appointment is made. + +(Prior Code, § 15-14; Code 1999, § 6-207) + +
+ +::: phx-name +[Sec 6-208 Additional Duties Of Judge, Advice To Boards And +Commissions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-208_Additional_Duties_Of_Judge,_Advice_To_Boards_And_Commissions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The judge is hereby given additional duties and responsibilities to + appear and advise all boards and commission on all procedural and + other legal matters that may come before the boards and commissions + while the boards and commissions are hearing contested appeals and + conducting adversary proceedings. Such boards shall include, but not + be limited to, the personnel board, board of adjustment, planning + and zoning commission, pre-determination employment hearings, + grievance hearings conducted by the personnel board or by boards + established in labor contracts with the city, and any other + contested hearings or adversary proceeding hearing for which the + judge is directed by the city council or the city manager to appear + and advise. +2. The judge shall be paid extra compensation for the additional + services require by the terms of this section. The judge shall + submit a claim at the conclusion of each hearing for his fee for the + time devoted to such individual hearing. + +(Code 1999, § 6-208; Ord. No. 415, 10-20-1986) + +
+ +::: phx-name +[CHAPTER 6-3 JURY +TRIALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-3_JURY_TRIALS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 6-301 Right To Trial By Jury, +Waiver](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-301_Right_To_Trial_By_Jury,_Waiver){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-302 Selection Of +Jurors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-302_Selection_Of_Jurors){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-303 Summons Of Jurors; Form; +Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-303_Summons_Of_Jurors;_Form;_Service){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-304 Composition Of Jury; Duty Of +Jurors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-304_Composition_Of_Jury;_Duty_Of_Jurors){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-305 Determination Of Questions Of +Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-305_Determination_Of_Questions_Of_Law){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-306 +Verdict](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-306_Verdict){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-307 Juror\'s +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-307_Juror's_Fees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-308 Cost Bond For Jury +Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-308_Cost_Bond_For_Jury_Trial){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-309 Misconduct Of Jurors +Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-309_Misconduct_Of_Jurors_Generally){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-310 Responsibility Of Officer In Charge Of +Jury](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-310_Responsibility_Of_Officer_In_Charge_Of_Jury){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 6-301 Right To Trial By Jury, +Waiver](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-301_Right_To_Trial_By_Jury,_Waiver){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. In all prosecutions for violations of ordinances punishable by fine + of more than the amount specified under 11 O.S. Section 27-119, or + by imprisonment, or by both fine and imprisonment, trial shall be by + jury unless waived by the defendant. If trial by jury is waived, + trial shall be by the court. +2. At arraignment, the defendant shall be asked whether he demands or + waives trial by jury. His election shall be recorded in the minutes + of the arraignment and entered on the docket of the court respecting + proceedings in the case. +3. An election waiving jury trial, made at arraignment, may be changed + by the defendant at any time prior to the day for which trial by the + court is set. An election demanding jury trial may be changed at any + time prior to the commencement of proceedings to impanel the jury + for the trial; but if that change occurs after the case has been set + for jury trial, it may not thereafter be rechanged so as again to + demand trial by jury. + +(Prior Code, §§ 15-51---15-53; Code 1999, § 6-301; Ord. No. 135(95), +11-6-1995) + +**State Law reference**--- Similar provisions, 27 O.S. § 27-119. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[969(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785603_Ordinance%20969.21.pdf){.k-link +target="_blank" style="color:#0000EE"} on 3/15/2021\ +* +::: + +
+ +::: phx-name +[Sec 6-302 Selection Of +Jurors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-302_Selection_Of_Jurors){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Jurors in the municipal court shall be selected pursuant to this section +under the same terms and conditions as are provided for by law for the +district courts, or in the alternative, pursuant to 38 O.S. § 18.1. Upon +written request of the judge of the municipal court for a stated number +of jurors to the chief judge of the appropriate district court, it shall +be the duty of the clerk of the district court to draw from the jury +wheel a requested number of jurors in the same manner as is provided by +law for the district court until the number requested, who from their +addresses appear to reside within the corporate limits of the city, is +drawn, and to prepare a list of names drawn and certify such list to the +judge of the municipal court. On completion of the draw, the clerk shall +immediately return to the jury wheel all names drawn which are not +placed on the certified list. The judge of the municipal court shall +make written request to the chief judge of the district court for a +stated number of additional jurors if, after allowance of claimed +statutory exemptions, the listed number is found to be insufficient. +Summons of the prospective jurors shall be issued as set out by +ordinance, and may be served in person by the chief of police or any +member of the police force of the city, or may be served by the clerk of +the municipal court by mail. + +(Prior Code, § 15-54; Code 1999, § 6-302) + +**State Law reference**--- Similar provisions, 27 O.S. § 27-120. + +
+ +::: phx-name +[Sec 6-303 Summons Of Jurors; Form; +Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-303_Summons_Of_Jurors;_Form;_Service){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Upon receipt of the jury list, the clerk of the court shall cause a + summons substantially in the following form to be issued and served + upon each person on the list:\ + ----------------------- ----------------------- ----------------------- + State of Oklahoma\ ) \ + + \ ) ss. + + County of Cleveland\ ) \ + ----------------------- ----------------------- ----------------------- + + To (name of juror) Greetings: You hereby are summoned to appear in + the Municipal Court for the City of Moore, Oklahoma, to be held at + (specify the address, room number, etc.) on the \_\_\_ day of + \_\_\_\_\_\_\_\_, \_\_\_, at the hour of (specify hour) to serve as + a juror in the Court, and to continue in such service until + discharged by the Court.\ + Hereof fail not, under penalty of law.\ + Issued under the authority of the Court, this \_\_\_ day of + \_\_\_\_\_\_\_\_, 2\_\_\_.\ + \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ + Clerk of the Municipal Court of Moore, Oklahoma\ + Seal of the Court +2. Service shall be made, as the judge may prescribe by rule or direct + by order, either in person upon the juror by the marshal of the + court or by any member of the police force of the city, or the clerk + of the court, through certified mail, directed to the juror at his + address as given in the jury list, with request for a personally + signed return receipt. In any proceeding wherein service of summons + by mail is in issue, evidence of the due mailing of the summons by + the clerk or a member of his staff and the presentation of an + official postal return receipt purportedly signed by the addressee + shall be prima facie evidence that the summons was duly received by + the addressee and, therefore, that he was properly served therewith. + +(Prior Code, § 15-55; Code 1999, § 6-303) + +
+ +::: phx-name +[Sec 6-304 Composition Of Jury; Duty Of +Jurors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-304_Composition_Of_Jury;_Duty_Of_Jurors){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A jury in the court shall consist of six jurors, good and lawful men + or women, citizens of the county possessing the qualifications of + jurors in district court. +2. After the jurors are sworn, they must sit together and hear the + proofs and oral arguments of the parties, which must be delivered in + public and in the presence of the defendant. +3. A verdict of the jury may be rendered by the vote of five jurors. + +(Prior Code, §§ 15-56, 15-57, 15-60; Code 1999, § 6-304) + +**State Law reference**--- Similar provisions, 27 O.S. § 27-119. + +
+ +::: phx-name +[Sec 6-305 Determination Of Questions Of +Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-305_Determination_Of_Questions_Of_Law){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In all actions tried before a jury, the judge shall determine all +questions of law, including questions as to the introduction of +evidence, arising during the trial. He also shall instruct the jury as +to the law. + +(Prior Code, § 15-58; Code 1999, § 6-305) + +
+ +::: phx-name +[Sec 6-306 +Verdict](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-306_Verdict){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The verdict of the jury, in all cases, must be general. When the + jury has arrived at its verdict, it must deliver the verdict in the + docket or cause it to be so entered. +2. The jury must not be discharged after the cause is submitted to it + until a verdict is rendered unless the judge, for good cause, + discharges it sooner, in which event the court may proceed again to + trial until a verdict is rendered. + +(Prior Code,§§ 15-59, 15-61; Code 1999, § 6-306) + +
+ +::: phx-name +[Sec 6-307 Juror\'s +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-307_Juror's_Fees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Jurors shall receive for their services the sum as set by the council +per day, plus mileage at a rate per mile for each mile necessarily +traveled by the most direct route in going to and from the court one +time each day from their respective places of residence. The claims for +such compensation shall show the location of the juror\'s residence and +the route and miles traveled, and must be verified as other claims +against the city are verified. + +(Prior Code, § 15-64; Code 1999, § 6-307) + +
+ +::: phx-name +[Sec 6-308 Cost Bond For Jury +Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-308_Cost_Bond_For_Jury_Trial){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +When an accused requests a jury trial in the municipal court, the court +may fix a reasonable sum as a cost bond and require the accused to +deposit the same prior to trial. + +(Code 1999, § 6-308) + +
+ +::: phx-name +[Sec 6-309 Misconduct Of Jurors +Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-309_Misconduct_Of_Jurors_Generally){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No juror or person drawn or summoned as a juror in the municipal + court shall either make any promise or agreement to give a verdict + for or against the city, permit any communication to be made to him, + or receive any book, paper, instruments or information relative to + any cause pending before him, except in the regular course of + proceedings and the trial of the case. +2. No juror summoned by the court shall ask, receive or agree to + receive, any bribe upon any understanding concerning his vote or + decision upon any case in which he may be selected as a juror in the + court. +3. No person shall attempt to influence a juror summoned to appear in + the court, or any person summoned as a juror, in respect to his + verdict, either by means of communication, oral or written, had by + him, except in the regular course of proceedings; by means of any + books, paper or instruments, exhibited otherwise than in the regular + course of proceedings, by any means of threat or intimidation; by + means of any assurance, promise of any pecuniary or other advantage, + by publishing any statement, argument, or observation relating to + the case; or by talking with such juror concerning the case in any + way. + +(Prior Code, § 15-62; Code 1999, § 6-309) + +
+ +::: phx-name +[Sec 6-310 Responsibility Of Officer In Charge Of +Jury](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-310_Responsibility_Of_Officer_In_Charge_Of_Jury){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No officer to whose charge any jury is committed by the municipal court +shall neglect or willfully permit such juror or any of them, either to +receive any communication from any person; to make any communication to +any person; to obtain or to receive any book, paper, or refreshment; or +to leave the jury room without leave of the court being first obtained. + +(Prior Code, § 15-63; Code 1999, § 6-310) + +
+ +::: phx-name +[CHAPTER 6-4 PROCEEDING AGAINST +CORPORATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-4_PROCEEDING_AGAINST_CORPORATIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 6-401 Summons; Issuance To +Corporations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-401_Summons;_Issuance_To_Corporations){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-402 Form Of Corporation +Summons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-402_Form_Of_Corporation_Summons){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-403 Service Of +Summons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-403_Service_Of_Summons){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-404 +Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-404_Trial){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 6-405 Collection Of +Fines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-405_Collection_Of_Fines){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 6-401 Summons; Issuance To +Corporations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-401_Summons;_Issuance_To_Corporations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Upon complaint against a corporation being filed with the municipal +court, the judge shall issue a summons signed by him with his title of +office, requiring a duly authorized officer of the corporation to appear +before him at a specific time and place to answer the complaint. The +time for such appearance shall not be less than five days after issuance +of summons. + +(Code 1999, § 6-401) + +
+ +::: phx-name +[Sec 6-402 Form Of Corporation +Summons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-402_Form_Of_Corporation_Summons){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The summons authorized by section 6-401 must be in substantially the +following form: + +In the name of the City of Moore, Oklahoma. + +To \_\_\_\_\_\_\_\_\_\_\_. + +You are hereby summoned to appear before me at \_\_\_\_\_ (place) on +\_\_\_\_\_ (date and hour) to answer the complaint made against you upon +the complaint of \_\_\_\_\_ for the offense of \_\_\_\_\_ (designating +offense generally). + +Dated at the City of Moore, Oklahoma, this \_\_\_\_\_. + +\_\_\_\_\_\_\_\_\_\_\_\_\_\_ + +Municipal Judge + +(Code 1999, § 6-402) + +
+ +::: phx-name +[Sec 6-403 Service Of +Summons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-403_Service_Of_Summons){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The summons authorized by section 6-401 must be served by certified +mail, personally delivering a copy to, or other means authorized by +state law on the registered agent of the corporation at least ten days +before the day of appearance fixed therein, and may also be served by +certified mail or other means to the president or head of the +corporation, or to the secretary, cashier or managing agent thereof. + +(Code 1999, § 6-403) + +
+ +::: phx-name +[Sec 6-404 +Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-404_Trial){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +At the time appointed in the summons authorized by section 6-401, the +municipal judge shall try the complaint in the same manner as in the +case of a natural person brought before him. + +(Code 1999, § 6-404) + +
+ +::: phx-name +[Sec 6-405 Collection Of +Fines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-405_Collection_Of_Fines){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +When a fine is imposed upon a corporation, upon conviction, it may be +collected by the municipal judge making a transcript of his proceedings +thereof, together with the judgment of the court duly certified and +filed with the clerk of the district court of the county. Execution +shall be issued thereon and served by the sheriff of the county as in +cases of execution generally. + +(Code 1999, § 6-405) + +
+ +::: {.phx-name .phx-break} +[PART 7 FINANCE AND +TAXATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_7_FINANCE_AND_TAXATION){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 7-1 FINANCES +GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-1_FINANCES_GENERALLY){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 7-2 PURCHASES BY +CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-2_PURCHASES_BY_CITY){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 7-3 SALES +TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-3_SALES_TAX){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 7-4 USE +TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-4_USE_TAX){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 7-5 HOTEL +TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-5_HOTEL_TAX){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 7-6 TELEPHONE EXCHANGE +FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-6_TELEPHONE_EXCHANGE_FEE){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 7-7 UTILITY +TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-7_UTILITY_TAX){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 7-8 UNCLAIMED +PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-8_UNCLAIMED_PROPERTY){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[CHAPTER 7-1 FINANCES +GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-1_FINANCES_GENERALLY){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 7-101 Appropriation Of +Monies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-101_Appropriation_Of_Monies){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-102 +Investments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-102_Investments){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-103 Depositories Designated, Deposit Of +Funds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-103_Depositories_Designated,_Deposit_Of_Funds){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-104 Capital Improvement +Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-104_Capital_Improvement_Fund){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-105 Authorized Signature On Checks And +Warrants](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-105_Authorized_Signature_On_Checks_And_Warrants){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-106 General Fund Reserve +Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-106_General_Fund_Reserve_Fund){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 7-101 Appropriation Of +Monies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-101_Appropriation_Of_Monies){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All monies, however derived, belonging to the city shall only be +appropriated for such objects, and defraying such expenses as accrue or +necessarily arise in the exercise of powers granted by law, the Charter +and ordinances of the city. No appropriation shall be made without an +order to that effect entered upon a proper book to be kept for that +purpose by the city. + +(Prior Code, § 2-196; Code 1999, § 7-101) + +
+ +::: phx-name +[Sec 7-102 +Investments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-102_Investments){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city treasurer or any other person authorized to invest public +monies shall invest the same in those investments authorized by the city +council or authorized by state law in a manner authorized by either or +both such council and statutes. + +(Prior Code, § 2-198; Code 1999, § 7-102) + +
+ +::: phx-name +[Sec 7-103 Depositories Designated, Deposit Of +Funds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-103_Depositories_Designated,_Deposit_Of_Funds){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All banks and financial institutions as are designated by the city +council shall be designated as depositories for the funds of the city. +The city treasurer shall deposit daily all public funds received by him +in these banks. Funds may be transferred from one depository to another +upon direction of the treasurer. + +(Prior Code, § 2-211; Code 1999, § 7-103) + +
+ +::: phx-name +[Sec 7-104 Capital Improvement +Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-104_Capital_Improvement_Fund){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. There is hereby created a capital improvement fund and monies for + capital improvement shall be deposited therein. Money in the fund + may be accumulated from year to year. Such fund shall be placed in + an insured interest bearing account. Such fund shall be nonfiscal + and shall not be considered in computing any levy when the city + makes an estimate for needed appropriations. Money in the capital + improvement fund may be expended for any capital improvement. +2. No funds shall be appropriated or expended from the capital + improvement fund in the absence of a recorded vote of the city + council and until claims duly verified by affidavit are presented + and approved by the city council. +3. As used in this section, the term \"capital improvement\" means all + items and articles, either new or replacements, not consumed with + use but only diminished in value with prolonged use, including, but + not limited to, roads and streets, drainage improvements, water and + sewage improvements, machinery, equipment, furniture and fixtures, + all real property, all construction or reconstruction of buildings, + appurtenances and improvements to real property, the cost and + expenses related thereto of rights-of-way or other real property, + engineering, architectural or legal fees, and payment for + improvements for which subsequent reimbursement is made to the + capital improvement fund. + +(Prior Code, § 2-246; Code 1999, § 7-105) + +
+ +::: phx-name +[Sec 7-105 Authorized Signature On Checks And +Warrants](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-105_Authorized_Signature_On_Checks_And_Warrants){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All checks or warrants issued by the city shall be signed by either the +mayor or the city treasurer, the vice-mayor or the assistant city +treasurer, using either original or facsimile signatures. The facsimile +signatures shall be filed with the secretary of state. + +(Code 1999, § 7-106; Ord. No. 84(94), 6-6-1994) + +**State Law reference**--- Uniform Facsimile Signature of Public +Officials Act, 62 O.S. § 601 et seq. + +
+ +::: phx-name +[Sec 7-106 General Fund Reserve +Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-106_General_Fund_Reserve_Fund){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. There is hereby created a general fund reserve fund and monies shall + be deposited therein. The amount committed to this fund will + initially be \$200,000.00 with a future goal of three months of + operating capital in reserve of \$11,000,000.00. Each year, after + the fiscal year has closed, staff will review the amount and will + recommend to council the same or a different amount to transfer to + the general reserve fund based on excess revenues over expenditures. + Once reached, should the balance fall below the three months + operating reserve, a plan will be established to replenish the fund + to the required level. +2. Should economic events occur that cause sales & use tax growth to + fall below two percent of budget for two consecutive quarters or if + unforeseen emergencies occur, a budget amendment confirming the + nature of the event and authorizing the appropriation of reserve + funds shall be approved by a two-third vote of the city council + members present. +3. The general fund reserve fund is intended to assist in mitigating + the effects of economic and financial crisis, for necessary cash + flow management, and to enable the city to manage unforeseen + emergencies including natural disasters or catastrophic events. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[923(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288133_Ordinance%20923(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/7/2019\ +* +::: + +
+ +::: phx-name +[CHAPTER 7-2 PURCHASES BY +CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-2_PURCHASES_BY_CITY){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 7-201 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-201_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-202 By Whom +Made](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-202_By_Whom_Made){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-203 Prior Approval Required; Splitting Contracts +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-203_Prior_Approval_Required;_Splitting_Contracts_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-204 Bidding +Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-204_Bidding_Generally){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-205 When Bidding Not +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-205_When_Bidding_Not_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-206 Emergency +Purchases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-206_Emergency_Purchases){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-207 Disposition Of Surplus Or Obsolete Materials, +Bidding](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-207_Disposition_Of_Surplus_Or_Obsolete_Materials,_Bidding){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-208 When Competitive Bidding Not +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-208_When_Competitive_Bidding_Not_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-209 Sale Of +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-209_Sale_Of_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-210 Sale Of +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-210_Sale_Of_Property){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 7-201 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-201_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Contractual services* means services performed for the city by persons +not in the employment of the city, and may include the use of equipment +or the furnishing of commodities in connection with such services under +express or implied contract. Contractual services includes travel; +freight; express; parcel post; postage; telephone; telegraph; utilities; +rents; repairs, alterations, and maintenance of buildings, equipment, +streets, and bridges, and other physical facilities of the city; and +other services performed for the city by persons not in the employment +of the city. + +(Prior Code, § 2-226; Code 1999, § 7-201; Ord. No. 95(94), 9-19-1994; +Ord. No. 127(95), 6-19-1995; Ord. No. 142(96), 1-16-1996) + +
+ +::: phx-name +[Sec 7-202 By Whom +Made](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-202_By_Whom_Made){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All purchases of supplies, materials, equipment and contractual + services for the offices, departments and agencies of the city + government shall be made by the city manager or by other city + personnel in accordance with purchase authorizations issued by the + city manager, and section 7-203. +2. The city council does hereby authorize the city manager or designee, + as authorized by 62 O.S. § 310.1(C), to approve payment of any + claims or invoices in an amount of \$22,500.00 or less for supplies, + materials, services or equipment submitted to the city for payment. + The city manager shall establish an internal control structure + adequate to provide reasonable assurance against the unauthorized or + illegal payment of invoices. Such system of internal control should + include the following control procedures: + 1. Proper authorization of transaction and activities; + 2. Adequate segregation of duties; + 3. Adequate documents and records; + 4. Adequate safeguards over access to and use of assets and + records; and + 5. Independent checks on performance. +3. Elements of the internal control structures, which are the control + environment and the accounting system, must be included. The control + environment shall consist of the overall attitude, awareness and + actions of the governing body and management, including a + foresighted management policy toward financial reporting. The + methods and records of an effective accounting system shall result + in: + 1. Identification and recording of all valid transactions; + 2. Description on a timely basis of the type of transaction in + sufficient detail to permit proper classification of the + transaction for financial reporting; + 3. Measurements of the transactions value in a manner that permits + recording of its monetary value in the financial statements; + 4. Determination of the time period in which the transaction + occurred to permit recording of the transaction in the proper + accounting period; + 5. Proper presentation of the transaction and related disclosures + in financial statements. +4. Exceptions. + 1. The city manager shall not receive, consider, analyze, process, + settle or litigate claims against the city and the authority + arising out of any of the areas or risks covered by or included + in the program whether or not they are or may be payable from + the general operating account created under section 6 of Moore + Public Works Authority Resolution 166(97). The city risk + management board approval shall be required to settle all + non-health related claims in the amount of \$5,000.00 or more + and to settle all health related claims regardless of an amount; + provided, however, all health related claims in the amount of + \$10,000.00 or more shall be considered as a separate item at + any regular or special meeting of the city risk management + board. The city manager/general manager of the authority may + approve the settlement of any non-health related claims + \$5,000.00 or less. The authority shall approve the settlement + of all non-health related claims or more as stated in Moore + Public Works Authority Resolution 166(97); provided however, all + non-health related claims in the amount of \$10,000.00 or more + shall be considered as a separate item at any regular or special + meeting of the City Council or Moore Public Works Authority. + 2. The city council does hereby authorize the city manager or + designee to approve payment of any claim or invoices for + supplies, materials, services or equipment submitted to the city + for payment of monthly utility billing, payments on prior + council-approved contractual agreements, and general obligation + bond projects pursuant to their contract. Examples of this + include the following vendors: + 1. Oklahoma Natural Gas. + 2. Oklahoma Gas and Electric. + 3. Oklahoma Electric Cooperative. + 4. City of Oklahoma City. + 5. Republic Services. + 6. Veolia Water/US Filter/Professional Services Group. + 7. Silverstar Construction. + 8. Construction or engineering companies related to G.O. Bond + projects. + 9. Software vendors. + +(Prior Code, § 2-227; Code 1999, § 7-202; Ord. No. 95(94), 9-19-1994; +Ord. No. 127(95), 6-19-1995; Ord. No. 142(96), 1-16-1996; Ord. No. +213(97), 11-3-1997; Ord. No. 478(04), 9-20-2004; Ord. No. 545(06), +6-5-2006; Ord. No. 571(07), 1-2-2007) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[960(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1631910902_Ordinance%20960(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/19/2021\ +Amended by Ord. +[991(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/18/2021\ +Amended by Ord. +[1030.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1691700320_1030.23.pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/5/2023\ +* +::: + +
+ +::: phx-name +[Sec 7-203 Prior Approval Required; Splitting Contracts +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-203_Prior_Approval_Required;_Splitting_Contracts_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Except as limited herein, every contract for, or purchase of, + supplies, materials, equipment or contractual services for more than + \$22,500.00 shall require prior approval of the city council. The + following contracts or purchases must have council approval + regardless of the dollar amount involved, or whether or not they are + required to be competitively bid: + 1. Contracts for professional services or employment contracts for + nonclassified personnel, in excess of \$20,000.00 whether on a + full- or part-time basis, or whether for a term certain or at + will; + 2. All lease purchase agreements or contract which terms will + extend beyond the fiscal year or wherein at the time of + termination the city shall be or may be obligated for additional + expenditures above the lease purchase price. + + Under no circumstances may such contracts or purchases be made + without first obtaining approval of the council. +2. No contracts involving sums in excess of \$50,000.00 shall be split + into partial contracts involving sums of below \$50,000.00, nor + shall any contracts be made in two or more iterations or sequential + executions with the intent to evade the competitive bidding + requirements of this Code or state law or with the intent to evade + the monetary spending limits imposed by this section. All such + partial contracts involving less than \$25,000.00 shall be void. + +(Prior Code, § 2-228; Code 1999, § 7-203; Res. No. 262, 10-16-1989; Ord. +No. 542, 1-22-1991; Ord. No. 63(93), 10-18-1993; Ord. No. 95(94), +9-19-1994; Ord. No. 127(95), 6-19-1995; Ord. No. 142(96), 1-16-1996; +Ord. No. 467(04), 9-20-2004; Ord. No. 572(07), 1-2-2007) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[991(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/18/2021\ +Amended by Ord. +[1052.24](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1052.24.pdf){.k-link +target="_blank" style="color:#0000EE"} on 4/2/2024\ +* +::: + +
+ +::: phx-name +[Sec 7-204 Bidding +Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-204_Bidding_Generally){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Before any purchase of, or contract for, supplies, materials, equipment, +or contractual services is made, except as otherwise provided in section +7-203, the city purchasing authority shall submit to at least three +persons dealing in and able to supply the same, a request for quotation +(or invitation to bid) and specifications, to give them opportunity to +bid; or publish notice of the proposed purchase in a newspaper of +general circulation within the city. He shall favor a person in the city +when this can be done without additional cost to the city; but he shall +submit requests for quotation to those outside the city when this may be +necessary to secure bids or to create competitive conditions, or when he +thinks that by so doing he can make a saving for the city; and shall +purchase from them when he can make a saving for the city. All bids +shall be sealed and shall be opened in public at a designated time and +place. He may repeatedly reject all bids, and again may submit to the +same or other persons the request for quotation (or invitation to bid), +or again publish notice of the proposed purchase. He may purchase only +from the bidder whose bid is most advantageous to the city, considering +price, quality, date of delivery, and so on. In the case of a tie, he +may purchase from one of those tying, or may divide the purchase among +those tying, always accepting the bids most advantageous to the city. + +(Prior Code, § 2-229; Code 1999, § 7-204; Ord. No. 95(94), 9-19-1994; +Ord. No. 127(95), 6-19-1995; Ord. No. 142(96), 1-16-1996) + +**State Law reference**--- Public competitive bidding, 61 O.S. § 101 et +seq. + +
+ +::: phx-name +[Sec 7-205 When Bidding Not +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-205_When_Bidding_Not_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following may be purchased without giving an opportunity for +competitive bidding: + +1. Supplies, materials, equipment or contractual services where cost + does not exceed \$100,000.00 in a single transaction or construction + management trade contracts or subcontracts not exceeding + \$50,000.00; +2. Supplies, materials, equipment or contractual services which can be + furnished only by a single dealer, or which have a uniform price + wherever bought. Computer software purchases may be purchased + without competitive bidding as a sole source purchase upon + verification of any of the following conditions are present and + verified in writing prior to any purchase.  + 1. Only a single vendor offers a software program that meets the + City\'s needs and requirements; + 2. Only a single vendor offers a software program that is + compatible with an existing interface and/or system in use by + the City of Moore.\ +3. Supplies, materials, equipment or contractual services purchased + from another unit of government at a price deemed below that + obtainable from private dealers, including war surplus, or purchased + at auction at a price deemed below that obtainable elsewhere; +4. Equipment to replace existing equipment which has become inoperable + when the council declares the purchase an emergency; +5. Contractual services (gas, electricity, telephone service, and the + like) purchased from a public utility at a price or rate determined + by the state corporation commission or other government authority; +6. Supplies, materials, equipment or contractual services when + purchased at a price not exceeding a price set therefor by the state + purchasing agency, the Federal Purchasing Agency known as the United + States General Services Administration (GSA), or any other state or + federal agency authorized to regulate prices for things purchased by + the state or United States (whether such price is determined by a + contract negotiated with a vendor or otherwise); Department of + Corrections (DOC) products; +7. Contractual services of a professional nature, such as engineering, + architectural, medical and legal services; +8. Supplies, materials or equipment purchased from a vendor or another + state governmental entity, at a price not exceeding a price + established under the competitive bidding process undertaken by the + governmental entity, such as a county or city government, provided + that the competitive bid was a valid competitive bid, was submitted + to more than three vendors, and no more than six months have passed + since the receipt of the bids or proposals by the governmental + entity. Proof of the above shall be presented to council with any + request for an exception under this section; +9. Public construction contracts not exceeding the amount established + by state law, awarded by the city for the purpose of making any + public improvements or constructing any public building or making + repairs to or performing maintenance on the same. Public improvement + as used in the previous sentence shall mean any beneficial or + valuable change or addition, betterment, enhancement or amelioration + of or upon any real property, or interest therein, belonging to a + public agency, intended to enhance its value, beauty or utility or + to adapt it to new or further purposes. The term \"public + improvement\" does not include the direct purchase of materials, + equipment or supplies by a public agency or any personal property as + defined in 62 O.S. § 430.1(B); or +10. Material or equipment needing repair when covered by a policy of + insurance where the repair does not exceed \$100,000.00.  +11. Supplies, materials or equipment purchased from a vendor known as a + national or regional bidding cooperative at a price established + under a competitive bidding process undertaken by the bidding + cooperative.\ + +```{=html} + +``` + +::: {#icepastediv contenteditable="true" style="width: 1px; height: 1px; overflow: hidden; position: fixed; top: 10px; left: 10px;"} +1. [Supplies, materials or equipment purchased from a vendor known as a + national regional bidding cooperative at a price established under a + competitive bidding process undertaken by the bidding cooperative. + ]{mce-style="text-decoration: underline;" + style="text-decoration-line: underline;"}\ +::: + +::: phx-docs +HISTORY\ +*Amended by Ord. +[986(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_986%20(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 9/20/2021\ +Amended by Ord. +[991(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/18/2021\ +Amended by Ord. +[999(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_999(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/18/2022\ +Amended by Ord. +[1001.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1001.22.pdf){.k-link +target="_blank" style="color:#0000EE"} on 2/7/2022\ +* +::: + +
+ +::: phx-name +[Sec 7-206 Emergency +Purchases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-206_Emergency_Purchases){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. An emergency condition is a situation which creates a threat to + public health, welfare or safety, such as may arise by reason of + floods, epidemics, riots, equipment failures, or such other reason + as may be proclaimed by the city manager. The existence of such + condition creates an immediate and serious need for supplies, + services or construction that cannot be met through normal + procurement methods and the lack of which would seriously threaten: + 1. The function of the city government; + 2. The preservation or protection of property; or + 3. The health or safety of any persons. +2. The city manager may make emergency procurements in accordance with + the purchasing policies when an emergency condition arises and the + need cannot be met through normal procurement methods. + +(Code 1999, § 7-206; Ord. No. 95(94), 9-19-1994; Ord. No. 127(95), +6-19-1995; Ord. No. 142(96), 1-16-1996) + +
+ +::: phx-name +[Sec 7-207 Disposition Of Surplus Or Obsolete Materials, +Bidding](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-207_Disposition_Of_Surplus_Or_Obsolete_Materials,_Bidding){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Surplus or obsolete supplies, materials or equipment of a value of more +than \$1000.00 may not be sold until the council shall have declared +them surplus or obsolete. Before the city manager disposes of any +surplus or obsolete supplies, materials or equipment, except as +otherwise provided in this chapter, he shall advertise them for sale in +a newspaper of general circulation in the city or give notice in such +other manner as he deems necessary adequately to reach prospective +buyers to give them opportunity to make bids. All bids shall be sealed +and shall be opened in public at a designated time and place, except +when the sale is by auction. The city manager may repeatedly reject all +bids and advertise or give notice again. He may sell such supplies, +materials or equipment only to the highest responsible bidder for cash. +In case of a tie, he may sell to either of the bidders tying, or may +divide the sale among two or more tying, always selling to the highest +responsible bidders for cash. + +(Prior Code, § 2-231; Code 1999, § 7-207; Ord. No. 63(93), 10-18-1993) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1024.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692206852_1024.23%20signed.pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/5/2023\ +* +::: + +
+ +::: phx-name +[Sec 7-208 When Competitive Bidding Not +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-208_When_Competitive_Bidding_Not_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager may dispose of the following without giving an +opportunity for competitively bidding: + +1. Surplus or obsolete supplies, materials or equipment whose total + value does not exceed \$1000.00 in a single transaction; +2. Supplies, materials or equipment when sold at a price at least as + great as that paid by the city for the same; or +3. When any surplus or obsolete supplies, materials or equipment has a + value in excess of \$1000.00 and the city council in its discretion + and upon such terms, conditions and for such consideration as it + deems advisable may lease, loan, sell or donate said surplus + material or equipment which it has declared obsolete to any + not-for-profit corporation as defined in 18 O.S., other governmental + agencies, political subdivisions, charitable groups or + organizations, boards of education for any vocational and technical + schools or area school district, and any legitimate organization as + determined by the council to be in need of said surplus or obsolete + supplies, materials or equipment. + +(Prior Code, § 2-232; Code 1999, § 7-208; Ord. No. 353(02), 4-1-2002) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1024.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692206852_1024.23%20signed.pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/5/2023\ +* +::: + +
+ +::: phx-name +[Sec 7-209 Sale Of +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-209_Sale_Of_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The real property described as Lots 2 and 3, Oldtowne Industrial + Addition, being a part of the NE/4, Section 14, T10N, R3W, I.M., + Moore, Cleveland County, Oklahoma, also known as 1000 and 1004 + Messenger Lane owned by the City of Moore free and clear of all + liens and encumbrances shall be sold to the best and most + responsible bidder as determined by the city council through + advertising and receipt of sealed bids. The city council reserves + the right to reject all bids and rebid the sale at a later date. +2. This chapter shall be referred to a vote of the electors of the city + if a legal and sufficient referendum petition is properly filed + within 30 days after its passage; otherwise it shall go into effect + 30 days after its passage and publication. + +(Code 1999, § 7-211) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[783(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325179_Ordinance%20No.%20783%20(14).pdf){.k-link +target="_blank" style="color:#0000EE"} on 11/3/2014\ +* +::: + +
+ +::: phx-name +[Sec 7-210 Sale Of +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-210_Sale_Of_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The personal property described as 130 guns previously declared as + surplus, owned by the City of Moore shall be sold to the best and + most responsible bidder as determined by the city council through + advertising and receipt of sealed bids. The City Council reserves + the right to reject all bids and rebid the sale at a later date. +2. This chapter shall be referred to a vote of the electors of the city + if a legal and sufficient referendum petition is properly filed + within 30 days after its passage; otherwise it shall go into effect + 30 days after its passage and publication.\ + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[981(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1626796757_ordinance%20981.21.pdf){.k-link +target="_blank" style="color:#0000EE"} on 7/19/2021\ +* +::: + +
+ +::: phx-name +[CHAPTER 7-3 SALES +TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-3_SALES_TAX){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 7-3A GENERAL SALES +TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-3A_GENERAL_SALES_TAX){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- State sales tax, 68 O.S. § 1350 et seq.; +municipal sales taxes, 68 O.S. § 2701 et seq.\ + +
+ +::: phx-name +[ARTICLE 7-3A GENERAL SALES +TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-3A_GENERAL_SALES_TAX){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 7-301 Citation Of +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-301_Citation_Of_Chapter){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-302 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-302_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-303 Classification Of +Taxpayers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-303_Classification_Of_Taxpayers){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-304 Subsisting State +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-304_Subsisting_State_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-305 Purpose Of Revenues; Disposition Of +Proceeds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-305_Purpose_Of_Revenues;_Disposition_Of_Proceeds){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-306 Tax Rate; Sales Subject To +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-306_Tax_Rate;_Sales_Subject_To_Tax){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-307 Exemptions, Sales Subject To Other +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-307_Exemptions,_Sales_Subject_To_Other_Tax){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-308 Tax Due And +Payable](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-308_Tax_Due_And_Payable){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-309 Payment Of Tax; +Brackets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-309_Payment_Of_Tax;_Brackets){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-310 Tax Constitutes Prior +Claim](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-310_Tax_Constitutes_Prior_Claim){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-311 Vendor\'s Duty To Collect +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-311_Vendor's_Duty_To_Collect_Tax){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-312 Returns And Remittances; +Discounts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-312_Returns_And_Remittances;_Discounts){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-313 Interest And Penalties; Delinquency; Discount +Forfeiture](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-313_Interest_And_Penalties;_Delinquency;_Discount_Forfeiture){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-314 Waiver Of Interest And +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-314_Waiver_Of_Interest_And_Penalties){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-315 Erroneous Payments; Claim For +Refund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-315_Erroneous_Payments;_Claim_For_Refund){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-316 Failure To File, Fraudulent Returns; +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-316_Failure_To_File,_Fraudulent_Returns;_Penalties){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-317 Tax Records +Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-317_Tax_Records_Confidential){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-318 Provisions +Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-318_Provisions_Cumulative){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-319 Amendments To +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-319_Amendments_To_Chapter){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-320 Additional 0.50 Percent Sales +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-320_Additional_0.50_Percent_Sales_Tax){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-321 Additional 0.25 Percent Sales +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-321_Additional_0.25_Percent_Sales_Tax){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-322 Additional 0.1250 Percent Sales +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-322_Additional_0.1250_Percent_Sales_Tax){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 7-301 Citation Of +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-301_Citation_Of_Chapter){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This chapter shall be known and may be cited as the \"City Sales Tax +Ordinance.\" + +(Prior Code, § 21-16; Code 1999, § 7-301) + +
+ +::: phx-name +[Sec 7-302 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-302_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The definitions of words, terms and phrases contained in 68 O.S. § 1352 +are hereby adopted by reference and made a part of this chapter. In +addition thereto, the following words, terms and phrases, when used in +this chapter, shall have the meanings ascribed to them in this section, +except where the context clearly indicates a different meaning: + +*Tax collector* means the department of the city or the official agency +of the state duly designated according to law or contract authorized by +law to administer the collection of the tax herein levied. + +(Prior Code, § 21-18, in part; Code 1999, § 7-302) + +
+ +::: phx-name +[Sec 7-303 Classification Of +Taxpayers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-303_Classification_Of_Taxpayers){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +For the purpose of this chapter, the classification of taxpayers +hereunder shall be as prescribed by state law for purposes of the state +sales tax code (68 O.S. § 1350 et seq.). + +(Prior Code, § 21-28; Code 1999, § 7-303) + +
+ +::: phx-name +[Sec 7-304 Subsisting State +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-304_Subsisting_State_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All valid and subsisting permits to do business issued by the state tax +commission pursuant to the state sales tax code (68 O.S. § 1350 et seq.) +are, for the purpose of this chapter, hereby ratified, confirmed and +adopted in lieu of any requirement for an additional city permit for the +same purpose. + +(Prior Code, § 21-19; Code 1999, § 7-304) + +
+ +::: phx-name +[Sec 7-305 Purpose Of Revenues; Disposition Of +Proceeds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-305_Purpose_Of_Revenues;_Disposition_Of_Proceeds){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is hereby declared to be the purpose of the revenues generated by + the first and second cent sales taxes levied herein to provide + revenues for the support of the functions of the municipal + government of the city. +2. It is hereby declared to be the purpose of the revenues levied by + the one cent sales tax levied by Ordinance No. 331 to provide + revenues for the making of capital improvements to physical + properties of the city; paying the costs and expenses of general and + special purposes of the municipal government of the city; improving + the sanitary sewer system throughout the city; and the payment of + the principal of, and interest on, indebtedness incurred by the city + or any duly constituted authority thereof. + +(Prior Code, § 21-20; Code 1999, § 7-305) + +
+ +::: phx-name +[Sec 7-306 Tax Rate; Sales Subject To +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-306_Tax_Rate;_Sales_Subject_To_Tax){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby levied an excise tax of three percent upon the gross +proceeds or gross receipts derived from all sales taxable under the +state sales tax code (68 O.S. § 1350 et seq.). + +(Prior Code, § 21-21; Code 1999, § 7-306; Ord. No. 595(07), 7-16-2007; +Ord. No. 677(10), 8-16-2010) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[725(12)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601322944_Ordinance%20No.%20725%20(12).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/20/2012\ +* +::: + +
+ +::: phx-name +[Sec 7-307 Exemptions, Sales Subject To Other +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-307_Exemptions,_Sales_Subject_To_Other_Tax){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby specifically exempted from the tax levied by this +chapter the gross receipts or gross proceeds exempted from the state +sales tax code. + +(Prior Code, § 21-22, in part; Code 1999, § 7-307) + +
+ +::: phx-name +[Sec 7-308 Tax Due And +Payable](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-308_Tax_Due_And_Payable){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The tax levied under this chapter shall be due and payable at the time +and in the manner and form prescribed for payment of the state sales tax +under the sales tax law of the state. + +(Prior Code, § 21-25; Code 1999, § 7-313) + +
+ +::: phx-name +[Sec 7-309 Payment Of Tax; +Brackets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-309_Payment_Of_Tax;_Brackets){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The tax herein levied shall be paid to the tax collector at the time + in form and manner provided for payment of state sales tax under the + sales tax law of the state. +2. The bracket system for the collection of the city sales tax by the + tax collector shall be as the same is hereafter adopted by the + agreement of the city and the tax collector, in the collection of + both the city sales tax and the state sales tax. + +(Prior Code, § 21-26; Code 1999, § 7-314) + +
+ +::: phx-name +[Sec 7-310 Tax Constitutes Prior +Claim](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-310_Tax_Constitutes_Prior_Claim){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Taxes, penalty and interest due hereunder shall at all times constitute +a prior, superior and paramount claim as against the claims of unsecured +creditors and may be collected by suit as any other debt. + +(Prior Code, § 21-27; Code 1999, § 7-315) + +
+ +::: phx-name +[Sec 7-311 Vendor\'s Duty To Collect +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-311_Vendor's_Duty_To_Collect_Tax){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The tax levied hereunder shall be paid by the consumer or user to + the vendor; and each and every vendor shall collect from the + consumer or user the full amount of the tax levied, or an amount + equal as nearly as possible or practicable to the average equivalent + thereof. +2. Vendors shall add the tax imposed hereunder, or the average + equivalent thereof, to the sales price or charge; and, when added, + such tax shall constitute a part of such price or charge, shall be a + debt from the consumer or user to the vendor until paid, and shall + be recoverable at law in the same manner as other debts. +3. No vendor shall willfully or intentionally fail, neglect or refuse + to collect the full amount of the tax levied; or willfully or + intentionally fail, neglect or refuse to comply with the provisions + of this chapter; or remit or rebate to a consumer or user, either + directly or indirectly, and by whatsoever means, all or any part of + the tax herein levied; or make in any form of advertising, verbally + or otherwise, any statement which infers that he is absorbing the + tax, or paying the tax for the consumer or user by an adjustment of + prices or at a price including the tax, or in any manner whatsoever. + +(Prior Code, § 21-28; Code 1999, § 7-316) + +**State Law reference**--- Vendor\'s duty to collect tax, 68 O.S. § +1310. + +
+ +::: phx-name +[Sec 7-312 Returns And Remittances; +Discounts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-312_Returns_And_Remittances;_Discounts){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Returns and remittances of the tax herein levied and collected shall be +made to the tax collector at the time and in the manner, form and amount +as prescribed for returns and remittances required by the state sales +tax code; and remittances of tax collected hereunder shall be subject to +the same discount as may be allowed by the code for collection of state +sales taxes. + +(Prior Code, § 21-30; Code 1999, § 7-317) + +
+ +::: phx-name +[Sec 7-313 Interest And Penalties; Delinquency; Discount +Forfeiture](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-313_Interest_And_Penalties;_Delinquency;_Discount_Forfeiture){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. 68 O.S. § 217 is adopted and made a part of this chapter. +2. Interest and penalties at the rates and in amounts specified in the + state statute cited in subsection (A) of this section are hereby + levied and shall be applicable in cases of delinquency in reporting + and paying the tax levied by this chapter. +3. The failure or refusal of any taxpayer to make and transmit the + reports and remittances of tax in the time and manner required by + this chapter shall cause such tax to be delinquent. +4. If such delinquency continues for a period of five days, the + taxpayer shall forfeit his claim to any discount allowed under this + chapter. + +(Prior Code, § 21-31; Code 1999, § 7-318) + +
+ +::: phx-name +[Sec 7-314 Waiver Of Interest And +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-314_Waiver_Of_Interest_And_Penalties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The interest or penalty or any portion thereof accruing by reason of + a taxpayer\'s failure to pay the city tax herein levied may be + waived or remitted in the same manner as provided for the waiver or + remittance as applied in administration of the state sales tax + provided in 68 O.S. § 220. +2. To accomplish the purposes of this section, the applicable + provisions of 68 O.S. § 220 are adopted by reference and made a part + of this chapter. + +(Prior Code, § 21-32; Code 1999, § 7-319) + +
+ +::: phx-name +[Sec 7-315 Erroneous Payments; Claim For +Refund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-315_Erroneous_Payments;_Claim_For_Refund){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Refund or erroneous payment of the city sales tax herein levied may + be made to any taxpayer making such erroneous payment in the same + manner and procedure, and under the same limitations of time, as + provided for administration of the state sales tax as set forth in + 68 O.S. § 227. +2. To accomplish the purposes of this section, the applicable + provisions of 68 O.S. § 227 are adopted by reference and made a part + of this chapter. + +(Prior Code, § 21-33; Code 1999, § 7-320) + +
+ +::: phx-name +[Sec 7-316 Failure To File, Fraudulent Returns; +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-316_Failure_To_File,_Fraudulent_Returns;_Penalties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall: + 1. Intentionally fail or refuse to make tax reports and remittances + as required under this chapter; or + 2. Intentionally make false and fraudulent tax reports for the + purpose of avoiding or escaping payment of any tax or portion + thereof due under this chapter. +2. Any person required to collect and remit sales tax pursuant to the + state sales tax code or this Code, and engaging in any of the + callings, trades, avocations, professions, businesses or occupations + for which a license is required by the city, and applying for such + license, must submit proof as a condition precedent to issuing such + license of a valid sales tax permit number issued by the state. +3. Any license issued by the city to any person engaging in any of the + callings, trades, avocations, businesses, professions or occupations + for which a license is required by this Code may be suspended or + revoked for failure to maintain a lawful sales tax license or + collect and remit sales tax if and as required by the state sales + tax code or this Code. +4. In addition to all civil penalties provided by this chapter, any + violation of this section shall subject the offending taxpayer to + the penalty set forth in section 1-108. Each day of such violation + shall be considered a separate offense and charged separately. + +(Prior Code, § 21-34; Code 1999, § 7-321; Ord. No. 416, 11-3-1986) + +
+ +::: phx-name +[Sec 7-317 Tax Records +Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-317_Tax_Records_Confidential){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The confidential and privileged nature of the records and files +concerning the administration of the city sales tax is legislatively +recognized and declared; and to protect the same the provisions of 68 +O.S. § 205, and all subsections thereof, are hereby adopted by reference +and made fully effective and applicable to administration of the city +sales tax as if here set forth in full. + +(Prior Code, § 21-35; Code 1999, § 7-322) + +
+ +::: phx-name +[Sec 7-318 Provisions +Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-318_Provisions_Cumulative){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions of this chapter shall be cumulative and in addition to +any and all other taxing provisions of city ordinances. + +(Prior Code, § 21-37; Code 1999, § 7-323) + +
+ +::: phx-name +[Sec 7-319 Amendments To +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-319_Amendments_To_Chapter){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The council, by ordinance duly enacted, is authorized to make such +administrative and technical changes or additions in the method and +manner of administration and enforcing this chapter as may be necessary +or proper for efficiency and fairness, except that the rate of the tax +herein provided shall not be changed without approval of the qualified +electors of the city as provided by law. + +(Prior Code, § 21-36; Code 1999, § 7-324) + +
+ +::: phx-name +[Sec 7-320 Additional 0.50 Percent Sales +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-320_Additional_0.50_Percent_Sales_Tax){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Definitions*. The definitions of words, terms, and phrases + contained in the state sales tax code (68 O.S. § 1350 et seq.), as + amended from time to time (hereinafter referred to as the \"state + sales tax code\") are hereby adopted by reference and made a part of + this section. +2. *Effective date and date of termination*. Subject to approval of a + majority of the registered voters of the City of Moore, Oklahoma, + voting on same as prescribed by law, to be held on November 6, 2018, + the ordinance shall commence and be effective April 1, 2019, + provided, that such extension of the existing sales tax shall be + limited to a duration of four years and shall terminate March 31, + 2023. +3. *Purpose of revenues*. The City of Moore, Oklahoma sales tax + ordinance, the same being Ordinance No. 60, as amended by Ordinance + No. 331(83), as amended by Ordinance No. 470(88), as amended by + Ordinance No. 551(06), as amended by Ordinance No. 677(10), as + amended by Ordinance No. 780(14) (collectively referred to as the + \"sales tax ordinance\"), is hereby amended by adding the following + language to said sales tax ordinance, for the following purpose: + 1. *Purpose of extension of existing 0.50 percent sales tax*. It is + hereby declared that the extension of the existing 0.50 percent + sales tax levied by this section shall be in addition to the + other sales tax levied by said sales tax ordinance as may be + hereafter amended from time to time, and the proceeds of such + sales tax, or proceeds of borrowings by the city or a public + trust of which the city is beneficiary payable from the sales + tax, shall be expended on capital improvements, as determined by + the city council, including, to the extent legal and practical, + the following projects: + 1. *Residential street and residential collector street + repair*. Seventy percent of the proceeds of such sales tax + shall be used for residential street and residential + collector street repair, including, but not limited to, + construction, repair and/or maintenance of streets, and the + construction and/or repair of sidewalks, curbs, drainage and + utility lines pertaining to same; + 2. *Public safety machinery and/or equipment*. Twenty percent + of the proceeds of such sales tax shall be used for + expenditures for public safety involving fire, police and + emergency management, including, but not limited to, the + purchase of public safety machinery and/or equipment; and + 3. *Public safety operations*. Ten percent of the proceeds of + such sales tax shall be used for expenditures for public + safety operations involving fire, police and emergency + management including, but not limited to, training, new + positions and salary increases for existing personnel. +4. *Levy of Tax---This Tax In addition; Administration Procedures; + Exemptions.* There is hereby levied an excise tax of 0.50 percent + upon the gross proceeds or gross receipts derived from all sales + taxable under the state sales tax code, as set out therein. There is + hereby specifically exempted from the tax levied by this section the + gross receipts or gross proceeds exempted from the state sales tax + code, as set out therein. +5. *Total effective excise tax*. The rate of tax set forth in the sales + tax ordinance of the City of Moore, Oklahoma, is hereby maintained + at 3.75 percent. +6. *Amendments*. The people of the city, by their approval of this + section at the election hereinabove provided, hereby authorize the + city council by ordinance duly enacted to make such administrative + and technical changes or additions in the method and manner of + administration and enforcing this section as may be necessary or + proper for efficiency and fairness, except that the rate and + limitation of time for collection of the tax herein provided shall + not be changed without approval of the registered voters of the city + as provided by law. +7. *Provisions severable*. The provisions hereof are hereby declared to + be severable, and if any section, paragraph, sentence or clause of + this section is for any reason held invalid or inoperative by any + court of competent jurisdiction, such decision shall not affect any + other section, paragraph, sentence or clause hereof. +8. *Provisions cumulative*. The provisions hereof shall be cumulative, + and in addition to any and all other taxing provisions of the sales + tax ordinance. +9. *Incorporation of section*. The provisions of this section shall be + included and incorporated in the sales tax ordinance of the city, as + an addition or amendment thereto, and shall be appropriately + renumbered to conform to the uniform numbering system of this Code. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[780(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325125_Ordinance%20No.%20780%20(14).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/18/2014\ +Amended by Ord. +[888(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346079_Ordinance%20No.%20888%20(18).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/6/2018\ +* +::: + +
+ +::: phx-name +[Sec 7-321 Additional 0.25 Percent Sales +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-321_Additional_0.25_Percent_Sales_Tax){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Definitions*. The definitions of words, terms, and phrases + contained in the state sales tax code (68 O.S. § 1350 et seq.), as + amended from time to time (hereinafter referred to as the \"state + sales tax code\"), are hereby adopted by reference and made a part + of this section. +2. *Effective date and date of termination*. Subject to approval of a + majority of the registered voters of the city, voting on same as + prescribed by law, to be held on November 3, 2020 this section shall + commence and be effective April 1, 2021, provided that such + additional sales tax shall be limited to a duration of four years + and shall terminate March 31, 2025. +3. *Purpose of revenues*. It is hereby declared that the extension of + the existing 0.25 percent sales tax levied by this section shall be + in addition to the other sales tax levied by said sales tax + ordinance as may be hereafter amended from time to time, and the + proceeds of such sales tax, or proceeds of borrowings by the city or + a public trust of which the city is beneficiary payable from the + sales tax, shall be expended on capital improvements involving (i) + the acquisition, construction, equipping and/or remodeling of + existing Parks and Recreation facilities; and (ii) The Moore Public + Works Authority, as determined by the City Council.\ +4. *Levy of tax; this tax in addition; administration procedures; + exemptions*. There is hereby levied an excise tax of 0.25 percent + upon the gross proceeds or gross receipts derived from all sales + taxable under the state sales tax code, as set out therein. There is + hereby specifically exempted from the tax levied by this section the + gross receipts or gross proceeds exempted from the state sales tax + code, as set out therein. +5. *Total effective excise tax*. The rate of tax set forth in the sales + tax ordinance of the city is hereby maintained at 3.75 percent. +6. *Amendments*. The people of the city, by their approval of this + section at the election hereinabove provided, hereby authorize the + city council by ordinance duly enacted to make such administrative + and technical changes or additions in the method and manner of + administration and enforcing this section as may be necessary or + proper for efficiency and fairness, except that the rate and + limitation of time for collection of the tax herein provided shall + not be changed without approval of the registered voters of the City + as provided by law. +7. *Provisions cumulative*. The provisions hereof shall be cumulative, + and in addition to any and all other taxing provisions of the sales + tax ordinance. +8. *Incorporation of section*. The provisions of this section shall be + included and incorporated in the sales tax ordinance of the city, as + an addition or amendment thereto, and shall be appropriately + renumbered to conform to the uniform numbering system of this Code. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[829(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328364_Ordinance%20No.%20829%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/1/2016\ +Amended by Ord. +[949(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350502_949%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/3/2020\ +Amended by Ord. +[961(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_961(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 2/1/2021\ +* +::: + +
+ +::: phx-name +[Sec 7-322 Additional 0.1250 Percent Sales +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-322_Additional_0.1250_Percent_Sales_Tax){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Definitions*. The definitions of words, terms, and phrases + contained in the Oklahoma Sales Tax Code; Title 68, Oklahoma + Statutes 2011, Section 1350 et seq., as amended from time to time + (hereinafter referred to as the \"Oklahoma Sales Tax Code\") are + hereby adopted by reference and made a part of this section. +2. *Effective date and date of termination*. Subject to approval of a + majority of the registered voters of the City of Moore, Oklahoma, + voting on same as prescribed by law, to be held on November 12, + 2019, the ordinance shall commence and be effective April 1, 2020. +3. *Purpose of revenues*. The City of Moore, Oklahoma Sales Tax + Ordinance, the same being Ordinance No. 60, as amended by Ordinance + No. 331(83), as amended by Ordinance No. 470(88), as amended by + Ordinance No. 551(06), as amended by Ordinance No. 677(10), as + amended by Ordinance No. 725(12), as amended by Ordinance No. + 780(14), as amended by Ordinance No. 829(16), as amended by + Ordinance No. 888(18) (collectively referred to as the \"sales tax + ordinance\"), is hereby amended by adding the following language to + said sales tax ordinance, for the following purpose: + 1. *Purpose of additional one-eighth of one percent sales tax*. It + is hereby declared that the additional one-eighth of one percent + (0.1250%) sales tax levied by said sales tax ordinance shall be + in addition to the other sales tax levied by said sales tax + ordinance as may be hereafter amended from time to time, and the + proceeds of such sales tax, or proceeds of borrowings by the + city or a public trust of which the city is beneficiary payable + from the sales tax, shall be expended on capital improvements + and regulatory requirements, as determined by the city council, + including, to the extent legal and practical, the following + projects: + 1. Water system improvements, including, but not limited to, + water line replacement, leak detection and modeling + technology and upgrading city water wells, storm water + systems and management, and drainage improvements. +4. *Levy of Tax---This Tax In addition; Administration Procedures; + Exemptions*. There is hereby levied an excise tax of one-eighth of + one percent upon the gross proceeds or gross receipts derived from + all sales taxable under the Oklahoma Sales Tax Code, as set out + therein. There is hereby specifically exempted from the tax levied + by this section the gross receipts or gross proceeds exempted from + the Oklahoma Sales Tax Code, as set out therein. +5. *Total effective excise tax*. The rate of tax set forth in the sales + tax ordinance of the City of Moore, Oklahoma, is hereby increased to + three and seven-eighths percent. +6. *Amendments*. The people of the City of Moore, Oklahoma, by their + approval of this section at the election hereinabove provided, + hereby authorize the city council by ordinance duly enacted to make + such administrative and technical changes or additions in the method + and manner of administration and enforcing this section as may be + necessary or proper for efficiency and fairness except that the rate + and limitation of time for collection of the tax herein provided + shall not be changed without approval of the registered voters of + the city as provided by law. +7. *Provisions severable*. The provisions hereof are hereby declared to + be severable, and if any section, paragraph, sentence or clause of + this section is for any reason held invalid or inoperative by any + court of competent jurisdiction, such decision shall not affect any + other section, paragraph, sentence or clause hereof. +8. *Provisions cumulative*. The provisions hereof shall be cumulative, + and in addition to any and all other taxing provisions of the sales + tax ordinance. +9. *Incorporation of section*. The provisions of this section shall be + included and incorporated in the sales tax ordinance of the city, as + an addition or amendment thereto, and shall be appropriately + renumbered to conform to the uniform numbering system of this Code. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[922(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288112_Ordinance%20922(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 9/3/2019\ +* +::: + +
+ +::: phx-name +[CHAPTER 7-4 USE +TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-4_USE_TAX){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 7-401 Citation And +Codification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-401_Citation_And_Codification){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-402 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-402_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-403 Use Tax On Storage, Use Or Other Consumption Of Intangible, +Personal Property +Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-403_Use_Tax_On_Storage,_Use_Or_Other_Consumption_Of_Intangible,_Personal_Property_Levied){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-404 Purpose Of +Revenues](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-404_Purpose_Of_Revenues){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-405 +Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-405_Exemptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-406 Time When Due, Returns, +Payment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-406_Time_When_Due,_Returns,_Payment){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-407 Tax Constitutes +Debt](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-407_Tax_Constitutes_Debt){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-408 Bracket +System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-408_Bracket_System){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-409 Collection Of Tax By Retailer Or +Vendor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-409_Collection_Of_Tax_By_Retailer_Or_Vendor){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-410 Collection Of Tax By Retailer Or Vendor Not Maintaining A +Place Of Business Within State Or Both Within And Without State, +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-410_Collection_Of_Tax_By_Retailer_Or_Vendor_Not_Maintaining_A_Place_Of_Business_Within_State_Or_Both_Within_And_Without_State,_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-411 Revoking +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-411_Revoking_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-412 Remunerative Deductions Allowed Vendors Or Retailers Of Other +States](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-412_Remunerative_Deductions_Allowed_Vendors_Or_Retailers_Of_Other_States){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-413 Interest And Penalties, +Delinquency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-413_Interest_And_Penalties,_Delinquency){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-414 Waiver Of Interest And +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-414_Waiver_Of_Interest_And_Penalties){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-415 Erroneous Payments, Claim For +Refund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-415_Erroneous_Payments,_Claim_For_Refund){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-416 Fraudulent +Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-416_Fraudulent_Returns){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-417 Records +Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-417_Records_Confidential){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-418 Classification Of +Taxpayers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-418_Classification_Of_Taxpayers){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-419 Subsisting State +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-419_Subsisting_State_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-420 Provisions +Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-420_Provisions_Cumulative){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- State use tax, 68 O.S. § 1401 et seq.\ + +
+ +::: phx-name +[Sec 7-401 Citation And +Codification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-401_Citation_And_Codification){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This chapter shall be known and may be cited as the \"City of Moore Use +Tax.\" + +(Code 1999, § 7-401; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-402 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-402_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The definitions of words, terms and phrases contained in 68 O.S. § 1401 +are hereby adopted by reference and made a part of this chapter. In +addition thereto, the following words, terms and phrases, when used in +this chapter, shall have the meanings ascribed to them in this section, +except where the context clearly indicates a different meaning: + +*Tax collector* means the department of the city government or the +official agency of the state, duly designated according to law or +contract authorized by law, to administer the collection of the tax +herein levied. + +*Transaction* means sale. + +(Code 1999, § 7-402; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-403 Use Tax On Storage, Use Or Other Consumption Of Intangible, +Personal Property +Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-403_Use_Tax_On_Storage,_Use_Or_Other_Consumption_Of_Intangible,_Personal_Property_Levied){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby levied and there shall be paid by every person storing, +using or otherwise consuming within the city tangible, personal property +purchased or brought into the city, an excise tax on the storage, use or +other consuming within the city of such property at the rate of three +percent of the purchase price of such property. Such tax shall be paid +by every person storing, using or otherwise consuming, within the city, +tangible, personal property purchased or brought into the city. The +additional tax levied hereunder shall be paid at the time of importation +or storage of the property within the city and shall be assessed to only +property purchased outside the state, provided that the tax levied +herein shall not be levied against tangible, personal property intended +solely for use outside the city, but which is stored in the city pending +shipment outside the city or which is temporarily retained in the city +for the purpose of fabrication, repair, testing, alteration, maintenance +or other service. Any person liable for payment of the tax authorized +herein, may deduct from such tax any local or municipal sales tax +previously paid on such goods or services, provided that the amount +deducted shall not exceed the amount that would have been due if the +taxes imposed by the city had been levied on the sale of such goods or +services. + +(Code 1999, § 7-403; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-404 Purpose Of +Revenues](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-404_Purpose_Of_Revenues){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is hereby declared to be the purpose of this chapter to provide +revenues for the support of the functions of the municipal government of +the city, and any and all revenues derived hereunder may be expended by +the governing body of the city for any purpose for which funds may be +lawfully expended as authorized. + +(Code 1999, § 7-404; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-405 +Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-405_Exemptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions of this chapter shall not apply: + +1. In respect to the use of an article of tangible, personal property + brought into the city by a nonresident individual visiting in the + city for his personal use or enjoyment while within the city; +2. In respect to the use of tangible, personal property purchased for + resale before being used; +3. In respect to the use of any article of tangible, personal property + on which a tax, equal to or in excess of that levied by both the + state use tax code (68 O.S. § 1401 et seq.) and the city use tax, + has been paid by the person using such tangible, personal property + in the city, whether such tax was levied under the laws of the state + or some other state or municipality of the United States. If any + article of tangible, personal property has already been subjected to + a tax by the state or any other state or municipality in respect to + its sale or use, in an amount less than the tax imposed by both the + state use tax code (68 O.S. § 1401 et seq.) and city use tax, the + provision of this chapter shall also apply to it by a rate measured + by the difference only between the rate provided by both the state + use tax code (68 O.S. § 1401 et seq.) and the city use tax, and the + rate by which the previous tax upon the sale or use was computed, + provided that no credit shall be given for taxes paid in another + state or municipality, if that state or municipality does not grant + like credit for taxes paid in the state and the city; +4. In respect to the use of machinery and equipment purchased and used + by persons establishing new manufacturing or processing plants in + the city, and machinery and equipment purchased and used by persons + to the operation of manufacturing plants already established in the + city. Provided, this exemption shall not apply unless such machinery + and equipment is incorporated into, and is directly used in, the + process of manufacturing property subject to taxation under the + sales tax code of the city. The term \"manufacturing plants\" means + those establishments primarily engaged in manufacturing or + processing operations, and generally recognized as such; +5. In respect to the use of tangible, personal property now + specifically exempted from taxation under the sales tax code of the + city; +6. In respect to the use of any article of tangible, personal property + brought into the city by an individual with intent to become a + resident of the city where such personal property is for such + individual\'s personal use or enjoyment; +7. In respect to the use of any article of tangible, personal property + used or to be used by commercial airlines or railroads; or +8. In respect to livestock purchased outside the state and brought into + the city for feeding or breeding purposes, and which is later + resold. + +(Code 1999, § 7-405; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-406 Time When Due, Returns, +Payment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-406_Time_When_Due,_Returns,_Payment){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The tax levied by this chapter is due and payable at the time and in the +manner and form prescribed for payment of the state use tax under the +state use tax code (68 O.S. § 1401 et seq.). + +(Code 1999, § 7-406; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-407 Tax Constitutes +Debt](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-407_Tax_Constitutes_Debt){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Such taxes, penalty and interest due hereunder shall at all times +constitute a prior, superior and paramount claim as against the claims +of unsecured creditors, and may be collected by suit as any other debt. + +(Code 1999, § 7-407; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-408 Bracket +System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-408_Bracket_System){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The bracket system guidelines established by the state tax commission +for the collection of sales taxes, including any amendment of same, are +hereby adopted for convenience in collecting both the state use tax and +the city use tax. The use of the bracket system guidelines does not +relieve the retailer or vendor from the duty and liability to remit to +the tax collector an amount equal to the applicable percentage of the +purchase price of such property as required by state law and these +revised ordinances. + +(Code 1999, § 7-408; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-409 Collection Of Tax By Retailer Or +Vendor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-409_Collection_Of_Tax_By_Retailer_Or_Vendor){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every retailer or vendor maintaining places of business both within and +without the state, and making sales of tangible, personal property from +a place of business outside the state for use in the city shall at the +time of making such sales collect the use tax levied by this chapter +from the purchaser and give to the purchaser a receipt therefor in the +manner and form prescribed by the tax commission, if the tax commission +shall, by regulation, require such receipt. Each retailer or vendor +shall list with the tax commission the name and address of all his +agents operating in the city and location of any and all distribution or +sales houses or offices or other places of business in the city. + +(Code 1999, § 7-409; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-410 Collection Of Tax By Retailer Or Vendor Not Maintaining A +Place Of Business Within State Or Both Within And Without State, +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-410_Collection_Of_Tax_By_Retailer_Or_Vendor_Not_Maintaining_A_Place_Of_Business_Within_State_Or_Both_Within_And_Without_State,_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The tax commission may, in its discretion, upon application, authorize +the collection of the tax herein levied by any retailer or vendor not +maintaining a place of business within the state but who makes sales of +tangible, personal property for use in the city and by the out-of-state +place of business of any retailer or vendor maintaining places of +business both within and without the state and making sales of tangible, +personal property such out-of-state place of business for use in the +city. Such retailer or vendor may be issued, without charge, a permit to +collect such taxes by the tax commission in such manner and subject to +such regulations and agreements as it shall prescribe. When so +authorized, it shall be the duty of such retailer or vendor to collect +the tax upon all tangible, personal property sold to his knowledge for +use within the city. Such authority and permit may be canceled when at +any time the tax commission considers that such tax can more effectively +be collected from the person using such property in the city; provided, +however, that in all instances where such sales are made or completed by +delivery to the purchaser within the city by the retailer or vendor in +such retailer\'s or vendor\'s vehicle, whether owned or leased (not by +common carrier), such sales or transactions shall continue to be subject +to applicable city sales tax at the point of delivery and the tax shall +be collected and reported under the taxpayer\'s sales tax permit number +accordingly. + +(Code 1999, § 7-410; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-411 Revoking +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-411_Revoking_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whenever any retailer or vendor not maintaining a place of business in +the state, or both within and without the state, and authorized to +collect the tax herein levied, fails to comply with any of the +provisions of this chapter, the state use tax code or any orders, rules +or regulations of the tax commission, the tax commission may, upon +notice and hearing as provided for in 68 O.S. § 1408, by order revoke +the use tax permit, if any, issued to such retailer or vendor, and if +any such retailer or vendor is a corporation authorized to do business +in the state may, after notice and hearing above provided, cancel the +corporation\'s license to do business in the state and shall issue a new +license only when such corporation has complied with the obligations +under this chapter, the state use tax code, or any orders, rules or +regulations of the tax commission. + +(Code 1999, § 7-411; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-412 Remunerative Deductions Allowed Vendors Or Retailers Of Other +States](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-412_Remunerative_Deductions_Allowed_Vendors_Or_Retailers_Of_Other_States){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Returns and remittances of the tax herein levied and collected shall be +made to the tax commission at the time and in the manner, form and +amount as prescribed for returns and remittances required by the state +use tax code; and remittances of tax collected hereunder shall be +subject to the same discount as may be allowed by the code for the +collection of state use taxes. + +(Code 1999, § 7-412; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-413 Interest And Penalties, +Delinquency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-413_Interest_And_Penalties,_Delinquency){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +68 O.S. § 217 is hereby adopted and made a part of this chapter, and +interest and penalties at the rates and in the amounts as herein +specified are hereby levied and shall be applicable in cases of +delinquency in reporting and paying the tax levied by this chapter, +provided that the failure or refusal of any retailer or vendor to make +and transmit the reports and remittances of tax in the time and manner +required by this chapter shall cause such tax to be delinquent. In +addition, if such delinquency continues for a period of five days, the +retailer or vendor shall forfeit his claim to any discount allowed under +this chapter. + +(Code 1999, § 7-413; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-414 Waiver Of Interest And +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-414_Waiver_Of_Interest_And_Penalties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The interest or penalty or any portion thereof accruing by reason of a +retailer\'s or vendor\'s failure to pay the city tax herein levied may +be waived or remitted in the same manner as provided for the waiver or +remittance as applied in administration of the state use tax provided in +68 O.S. § 220 and to accomplish the purposes of this section the +applicable provisions of 68 O.S. § 220 are hereby adopted by reference +and made a part of this chapter. + +(Code 1999, § 7-414; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-415 Erroneous Payments, Claim For +Refund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-415_Erroneous_Payments,_Claim_For_Refund){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Refund of erroneous payment of the city use tax herein levied may be +made to any taxpayer making such erroneous payment in the same manner +and procedure, and under the same limitations of time, as provided for +administration of the state use tax as set forth in 68 O.S. § 227, and +to accomplish the purpose of this section, the applicable provisions of +68 O.S. § 227 are hereby adopted by reference and made a part of this +chapter. + +(Code 1999, § 7-415; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-416 Fraudulent +Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-416_Fraudulent_Returns){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In addition to all civil penalties provided by this chapter, the willful +failure or refusal of any taxpayer to make reports and remittances +herein required, or the making of any false and fraudulent report for +the purpose of avoiding or escaping payment of any tax or portion +thereof rightfully due under this chapter, shall be an offense, and, +upon conviction thereof, the offending taxpayer shall be punished as +provided in section 1-108. Each day of noncompliance with this chapter +shall constitute a separate offense. + +(Code 1999, § 7-416; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-417 Records +Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-417_Records_Confidential){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The confidential and privileged nature of the records and files +concerning the administration of the city use tax is legislatively +recognized and declared, and to protect the same the provisions of 68 +O.S. § 205, and each subsection thereof, is hereby adopted by reference +and made fully effective and applicable to the administration of the +city use tax as is herein set forth in full. + +(Code 1999, § 7-417; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-418 Classification Of +Taxpayers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-418_Classification_Of_Taxpayers){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +For the purpose of this chapter, the classification of taxpayers +hereunder shall be as prescribed by state law for purposes of the state +use tax code (68 O.S. § 1401 et seq.). + +(Code 1999, § 7-418; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-419 Subsisting State +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-419_Subsisting_State_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All valid and subsisting permits to do business issued by the state tax +commission pursuant to the state use tax code (68 O.S. § 1401 et seq.) +are for the purpose of this chapter hereby ratified, confirmed and +adopted in lieu of any requirement for an additional city permit for the +same purpose. + +(Code 1999, § 7-419; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[Sec 7-420 Provisions +Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-420_Provisions_Cumulative){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions hereof shall be cumulative, and in addition to any and +all other taxing provisions of the city ordinances. + +(Code 1999, § 7-420; Ord. No. 21(92), 4-20-1992) + +
+ +::: phx-name +[CHAPTER 7-5 HOTEL +TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-5_HOTEL_TAX){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 7-501 +Citation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-501_Citation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-502 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-502_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-503 Tax +Rate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-503_Tax_Rate){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-504 +Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-504_Exemptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-505 Certificate Of Exemption +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-505_Certificate_Of_Exemption_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-506 Operator Responsible For Collection; Tax Designated On +Separate +Bills](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-506_Operator_Responsible_For_Collection;_Tax_Designated_On_Separate_Bills){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-507 Records To Be +Kept](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-507_Records_To_Be_Kept){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-508 +Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-508_Returns){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-509 Payment Of +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-509_Payment_Of_Tax){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-510 Delinquent +Taxes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-510_Delinquent_Taxes){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-511 Interest On Delinquent +Taxes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-511_Interest_On_Delinquent_Taxes){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-512 Bond +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-512_Bond_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-513 Assessment And Determination Of +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-513_Assessment_And_Determination_Of_Tax){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-514 +Refunds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-514_Refunds){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-515 +Notices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-515_Notices){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-516 Remedies +Exclusive](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-516_Remedies_Exclusive){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-517 General Powers Of The City +Clerk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-517_General_Powers_Of_The_City_Clerk){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-518 Collection +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-518_Collection_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-519 Use Of +Funds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-519_Use_Of_Funds){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-520 Records +Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-520_Records_Confidential){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-521 Fraudulent +Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-521_Fraudulent_Returns){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-522 Collection By +Suit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-522_Collection_By_Suit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-523 +Amendments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-523_Amendments){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-524 Provisions +Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-524_Provisions_Cumulative){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-525 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-525_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 7-501 +Citation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-501_Citation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This chapter shall be known and cited as the \"City Hotel Tax.\" + +(Prior Code, § 21-46; Code 1999, § 7-501) + +
+ +::: phx-name +[Sec 7-502 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-502_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Hotel* means any buildings, structures, trailers, or other facilities +in which the public may, for consideration, obtain sleeping +accommodations in which five or more rooms are used for the +accommodation of such guests whether such rooms are in one or several +structures. The term \"hotel\" shall include hotels, apartment hotels, +motels, tourist homes, houses or courts, lodginghouses, inns, +roominghouses, trailer houses, trailer motels, dormitory space, where +bed space is rented to individuals or groups, apartments not occupied by +permanent residents, and all other facilities where rooms or sleeping +facilities or space are furnished for a consideration. The term +\"hotel\" shall not include hospitals, sanitariums or nursing homes. + +*Occupancy* means the use or possession, or the right to the use or +possession, of any room in a hotel, or the right to the use or +possession of the furnishings or to the services and accommodations +accompanying the use and possession of the room. + +*Occupant* means a person who, for a consideration, uses, possesses, or +has the right to the use of possession of any room in a hotel under the +lease, concession, permit, right of access, license to use, or other +agreement. + +*Operator* means any person operating a hotel in the city, including, +but not limited to, the owner, proprietor, lessee, sublessee, mortgagee +in possession, licensee or any other person otherwise operating such +hotel. + +*Permanent resident* means any occupant who has or shall have the right +of occupancy of any room in a hotel for at least 30 consecutive days +during the current calendar year or preceding year. + +*Rent* means the consideration received for occupancy valued in money, +whether received in money or otherwise, including all receipts, cash, +credits, and property or services of any kind or nature, and also any +amount for which credit is allowed by the operator to the occupant, +without any deductions therefrom whatsoever. + +*Return* means any return filed or required to be filed as herein +provided. + +*Room* means any room of any kind in any part or portion of a hotel +which is available for or let out for use or possessed for any purpose +other than a place of assembly. As used herein, the term \"place of +assembly\" means a room or space which is capable of being occupied by +75 or more persons and which is used for educational, recreational or +amusement purposes and shall include: + +1. Dance halls; +2. Cabarets; +3. Night clubs; +4. Restaurants; +5. Any room or space for public or private banquets, feasts, socials, + card parties or weddings; +6. Lodge and meeting halls or rooms; +7. Skating rinks; +8. Gymnasiums; +9. Swimming pools; +10. Billiard, bowling and table tennis rooms; +11. Halls or rooms used for public or private catering purposes; +12. Funeral parlors; +13. Markets; +14. Recreational rooms; +15. Concert halls; +16. Broadcasting studios; and +17. All other places of similar type of occupancy. + +*Tax* means the tax levied pursuant to this chapter. + +(Prior Code, § 21-47; Code 1999, § 7-502) + +
+ +::: phx-name +[Sec 7-503 Tax +Rate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-503_Tax_Rate){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby levied an excise tax of five percent upon the gross +proceeds or gross receipts derived from all rent received for every +occupancy of a room in a hotel or motel in the city, except that the tax +shall not be imposed where the rent is less than the rate of \$3.00 per +day. + +(Prior Code, § 21-48; Code 1999, § 7-503; Ord. No. 378(02)-B, § 2, +9-3-2002) + +
+ +::: phx-name +[Sec 7-504 +Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-504_Exemptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following shall be exempt from the tax levied in this chapter: + +1. Permanent residents; +2. The United States Government or any agency or division thereof; +3. The state or any political subdivision thereof; and +4. Any organization, corporation or association organized and operated + exclusively for religious, charitable, philanthropic or educational + purposes, provided that its primary purpose is not carrying on a + trade or business for profit. + +(Prior Code, § 21-49; Code 1999, § 7-504) + +
+ +::: phx-name +[Sec 7-505 Certificate Of Exemption +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-505_Certificate_Of_Exemption_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every hotel claiming exemptions shall submit a monthly exemption form, +as provided by the City Clerk, with each monthly room tax report. This +exemption form shall indicate beginning and ending occupancy dates, +number of rooms, number of nights, room(s) occupied, room rate, exempted +amount, the name of the occupant seeking exemption, the exemption +organization with which they are affiliated, reason for the exemption, +and any other information required by the City Clerk. Every exemption +form shall be signed by the hotel manager or authorized agent, so that +the signature shall serve as an acknowledgement that all information +contained on the exemption form is true and correct. Upon submission of +these forms to the City, the City Clerk shall make a final determination +as to the validity of all claimed exemptions. Should the City Clerk +determine that a claimed exemption is not valid, the hotel shall be +assessed the applicable hotel tax plus applicable interest and +penalties. The hotel claiming such exemption is liable for payment of +the hotel tax. + +(Prior Code, § 21-49; Code 1999, § 7-505) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1025.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1691701149_Scan2023-08-10_155659.pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/5/2023\ +* +::: + +
+ +::: phx-name +[Sec 7-506 Operator Responsible For Collection; Tax Designated On +Separate +Bills](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-506_Operator_Responsible_For_Collection;_Tax_Designated_On_Separate_Bills){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The operator shall be responsible for the collection of the tax from + the occupant and shall be liable to the city for the tax. +2. The operator shall separately designate, charge and show the tax on + all bills, statements, receipts or any other evidence of charges or + payment of rent for occupancy issued or delivered by the operator. + +(Prior Code, § 21-50; Code 1999, § 7-506) + +
+ +::: phx-name +[Sec 7-507 Records To Be +Kept](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-507_Records_To_Be_Kept){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every operator shall keep records of every occupancy and of all rent +paid, charged, or due thereon and of the tax payable thereon in such +form as the city clerk may by regulation require. Such records shall be +available for inspection and examination at any time upon demand by the +city clerk, or a duly authorized agent or employee of the city, and +shall be preserved for a period of three years, except that the city +clerk may consent to their destruction within that period or may require +that they be kept longer. + +(Prior Code, § 21-50; Code 1999, § 7-507) + +
+ +::: phx-name +[Sec 7-508 +Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-508_Returns){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every operator shall file with the city clerk a return of occupancy + and of rents and of the taxes payable thereon on a monthly basis. + The return shall be filed no later than the tenth calendar day of + the following month for the occupancy, rents and taxes payable for + the preceding month. +2. The city clerk may permit or require returns to be made by shorter + or longer periods and upon such dates as he may specify. The form of + return shall be prescribed by the city clerk and shall contain such + information as he may deem necessary for the proper administration + of this chapter. The city clerk may require amended returns to be + filed within 20 days after notice and to contain the information + specified in the notice. + +(Prior Code, § 21-50; Code 1999, § 7-508; Ord. No. 50(93), 3-1-1993) + +
+ +::: phx-name +[Sec 7-509 Payment Of +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-509_Payment_Of_Tax){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +At the time of filing a return of occupancy and of rents, each operator +shall pay to the city clerk the taxes imposed by this chapter upon the +rents included in such return, as well as all other monies collected by +the operator acting or purporting to act under the provisions of this +chapter. All the taxes for the period for which a return is required to +be filed shall be due from the operator and payable to the city clerk on +or before the date fixed for the filing of the return for such period +without regard to whether a return is filed or whether the return which +is filed correctly shows the amount of rents and the taxes due thereon. + +(Prior Code, § 21-50; Code 1999, § 7-509) + +
+ +::: phx-name +[Sec 7-510 Delinquent +Taxes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-510_Delinquent_Taxes){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The tax levied by this chapter shall be due and payable at the time +filing of the returns provided for in this chapter is required. All +taxes not paid within five days from the time they become due shall be +delinquent. + +(Prior Code, § 21-50; Code 1999, § 7-510) + +
+ +::: phx-name +[Sec 7-511 Interest On Delinquent +Taxes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-511_Interest_On_Delinquent_Taxes){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. If any tax levied by this chapter becomes delinquent, the person + responsible and liable for such tax shall pay interest on such + unpaid tax at the rate of one percent per month on the unpaid + balance from the date of delinquency. +2. In addition to the interest, if a return is not filed or the total + amount of taxes due remitted within 30 days of the due date as + defined in this chapter, a penalty of ten percent of the total + amount of taxes due shall be assessed. If a return is not filed or + the total amount of taxes due is not paid after 30 days from such + due date, the penalty shall increase to 25 percent of the total + amount of taxes due. + +(Prior Code, § 21-50; Code 1999, § 7-511; Ord. No. 489, 7-3-1989) + +
+ +::: phx-name +[Sec 7-512 Bond +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-512_Bond_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Where the city clerk believes that any operator is about to cease +business, leave the state, or remove or dissipate assets, or for any +other similar reason he deems it necessary to protect the revenues under +this chapter, he may require such operator to file with the city a bond +issued by a surety company authorized to transact business in the state +in such amount as the city clerk may fix to secure the payment of any +tax or penalties and interest due, or which may become due from such +operator. In the event that the city clerk determines that an operator +is to file such bond, he shall give notice to such operator specifying +the amount of bond required. The operator shall file such bond within +five days after the giving of such notice unless within such five days +the operator shall request in writing a hearing before the city council, +at which hearing the necessary propriety and amount of the bond shall be +determined by the city council. Such determination shall be final and +shall be compiled within 15 days thereafter. In lieu of such bond, +securities approved by the city clerk, or cash in such amount as he may +prescribe, may be deposited with the city clerk who may, at any time +after five days\' notice to the depositor, apply them to any tax or any +penalties due and for that purpose the securities may be sold at private +or public sale. + +(Prior Code, § 21-50; Code 1999, § 7-512) + +
+ +::: phx-name +[Sec 7-513 Assessment And Determination Of +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-513_Assessment_And_Determination_Of_Tax){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. If a return required by this chapter is not filed, or if a return + when filed is incorrect or insufficient, the amount of tax due shall + be assessed by the city clerk from such information as may be + obtainable and, if necessary, the tax may be estimated on the basis + of external indices, such as: + 1. Number of rooms; + 2. Location; + 3. Scale of rents; + 4. Comparable rents; + 5. Types of accommodations and services; + 6. Number of employees; or + 7. Other factors. +2. Such assessment shall not be performed in an arbitrary or capricious + manner and in no event shall exceed the amount of tax that was due + and payable. Written notice of such assessments shall be given to + the person liable for the collection and payment of the tax. Such + assessment shall finally and irrevocably fix and determine the tax, + unless the person against whom it is assessed, within 90 days after + the giving of notice of such assessment, shall apply in writing to + the city council for a hearing, or unless the city clerk on his own + motion shall reassess the same. After such hearing, the city council + shall give written notice of its determination to the person against + whom the tax is assessed and such determination shall be final. + +(Prior Code, § 21-50; Code 1999, § 7-513) + +
+ +::: phx-name +[Sec 7-514 +Refunds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-514_Refunds){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city clerk shall refund or credit any tax erroneously or + illegally collected if written application to the city clerk for + such refund shall be made within two years from the date of payment + thereof. For like causes, and in the same period, a refund may be so + made upon the initiative and the order of the city clerk. Whenever a + refund is made, the reasons therefor shall be stated in writing. + Such application may be made by the person upon whom such tax was + imposed and who has actually paid the tax. Such application may also + be made by the person who has collected and paid such tax to the + city clerk providing that the application is made within two years + of the payment by the occupant to the operator, but no refund of + money shall be made to the operator until he has repaid to the + occupant the amount for which the application for the refund is + made. The city clerk, in lieu of any refund required to be made, may + allow credit therefor on payments due from the applicant. +2. Upon application for a refund, the city clerk may receive evidence + with respect thereof and make such investigation as he deems + necessary. After making a determination as to the refund, the city + clerk shall give notice thereof to the applicant. Such determination + shall be final unless the applicant, within 90 days after such + notice, shall apply in writing to the city council for a hearing. + After such hearing the city council shall give written notice of its + decision to the applicant. + +(Prior Code, § 21-50; Code 1999, § 7-514) + +
+ +::: phx-name +[Sec 7-515 +Notices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-515_Notices){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Notices provided for under this chapter shall be deemed to have been +given when such notice has been delivered personally to the operator or +deposited in the United States mail to the last-known address of the +operator. + +(Prior Code, § 21-50; Code 1999, § 7-515) + +
+ +::: phx-name +[Sec 7-516 Remedies +Exclusive](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-516_Remedies_Exclusive){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The remedies provided in this chapter shall be exclusive remedies +available to any person for the review of tax liability imposed by this +chapter. + +(Prior Code, § 21-50; Code 1999, § 7-516) + +
+ +::: phx-name +[Sec 7-517 General Powers Of The City +Clerk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-517_General_Powers_Of_The_City_Clerk){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. In addition to all other powers granted to the city clerk, the city + clerk is hereby authorized and empowered to: + 1. Make, adopt and amend rules and regulations appropriate to the + carrying out of this chapter for the purposes thereof; + 2. Extend for cause shown the time for filing any return for a + period not exceeding 60 days; and, for cause shown, to waive, + remit or reduce penalties or interest; + 3. Delegate his functions hereunder to an assistant or other + employee of the city; + 4. Assess, reassess, determine, revise and readjust the taxes + imposed by this chapter, but not the tax rate; and + 5. Prescribe methods for determining the taxable and nontaxable + rents. +2. The city clerk, or his designated representative, shall have the + power to administer oaths and take affidavits in relation to any + matter or proceeding in the exercise of their powers and duties + under this chapter. The city clerk shall have the power to subpoena + and require the attendance of witnesses and the production of books, + papers and documents to secure information pertinent to the + performance of his duties hereunder and of the enforcement of this + chapter and to examine them in relation thereto. + +(Prior Code, § 21-50; Code 1999, § 7-517) + +
+ +::: phx-name +[Sec 7-518 Collection +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-518_Collection_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every operator shall apply with the city clerk for a collection permit +in a form prescribed by the city clerk within ten days after the +effective date of the ordinance from which this chapter is derived, or +in the case of the operator\'s commencing business or opening new hotels +after such effective date, within three days after such commencement or +opening. The city clerk shall, within five days after such application, +issue, without charge, to each operator, a collection permit empowering +such operator to collect the tax from the occupant and duplicates +thereof for each additional hotel. Each collection permit or duplicate +shall state the hotel to which it is applicable. Such collection permit +shall be permanently displayed by the operator in such manner that it +may be seen and come to the notice of all occupants and persons seeking +occupancy. Such collection permits shall be nonassignable and +nontransferable and shall be surrendered immediately to the city clerk +upon the cessation of business at the hotel named or upon its sale, +lease, assignment or transfer. + +(Prior Code, § 21-50; Code 1999, § 7-518) + +
+ +::: phx-name +[Sec 7-519 Use Of +Funds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-519_Use_Of_Funds){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All taxes collected pursuant to the provisions of this chapter shall be +used for the acquisition and development of parks and recreational +facilities of the City, as well as for operational expenses and capital +outlay for repairs and maintenance of said parks and recreational +facilities of the City. + +\ + +(Prior Code, § 21-51; Code 1999, § 7-519) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[950(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350641_950%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/3/2020\ +Amended by Ord. +[962(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_962(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 2/1/2021\ +* +::: + +
+ +::: phx-name +[Sec 7-520 Records +Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-520_Records_Confidential){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The confidential and privileged nature of the records and files +concerning the administration of the hotel tax is legislatively +recognized and declared, and to protect the same the provisions of 68 +O.S. § 205, and subsections thereof, are hereby adopted by reference and +made fully effective and applicable to the administration of the hotel +tax as if herein set forth. + +(Prior Code, § 21-52; Code 1999, § 7-520) + +
+ +::: phx-name +[Sec 7-521 Fraudulent +Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-521_Fraudulent_Returns){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The willful failure or refusal of any operator to make reports and +remittances herein required, or the making of any false or fraudulent +report for the purpose of avoiding or escaping payment of any tax or +portion thereof rightfully due under this chapter, shall be an offense, +and, upon conviction thereof, the offending operator shall be subject to +penalty as provided in section 1-108. + +(Prior Code, § 21-53; Code 1999, § 7-521; Ord. No. 416, 11-3-1986) + +
+ +::: phx-name +[Sec 7-522 Collection By +Suit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-522_Collection_By_Suit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The taxes and interest or penalty due under this chapter shall at all +times constitute a prior, superior and paramount claim as against the +claim of unsecured creditors and may be collected by suit as any other +debt. Any taxes which are delinquent, according to the terms of this +chapter, on or subsequent to July 5, 1989, shall be subject to these +enforcement provisions. + +(Code 1999, § 7-522; Ord. No. 489, 7-3-1989) + +
+ +::: phx-name +[Sec 7-523 +Amendments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-523_Amendments){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The people, by their approval of this chapter at the election herein +provided, hereby authorize the city council, by ordinance or resolution +duly enacted, to make such administrative and technical changes or +additions in the method and manner of administration and enforcing this +chapter as may be necessary or proper for efficiency and fairness, +except that the rate of the tax herein provided shall not be changed +without approval of the qualified electors of the city as provided by +law. + +(Prior Code, § 21-54; Code 1999, § 7-523) + +
+ +::: phx-name +[Sec 7-524 Provisions +Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-524_Provisions_Cumulative){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions hereof shall be cumulative and in addition to any and all +other taxing provisions of city ordinances. + +(Code 1999, § 7-524) + +
+ +::: phx-name +[Sec 7-525 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-525_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Violations of this chapter are punishable as provided in section 1-108. + +(Code 1999, § 7-525) + +
+ +::: phx-name +[CHAPTER 7-6 TELEPHONE EXCHANGE +FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-6_TELEPHONE_EXCHANGE_FEE){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 7-601 Inspection Fee And Service +Charge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-601_Inspection_Fee_And_Service_Charge){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-602 Charge In Lieu Of Other License +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-602_Charge_In_Lieu_Of_Other_License_Tax){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 7-601 Inspection Fee And Service +Charge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-601_Inspection_Fee_And_Service_Charge){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. There is hereby levied an annual inspection fee and service charge + upon each and every person operating a telephone exchange in the + city to compensate the city for the expenses incurred and services + rendered incident to the exercise of its police power, supervision, + police regulation and police control of the construction of lines + and equipment of the telephone company in the city. +2. The amount of the inspection fee and service charge shall be an + amount equal to two percent of the gross revenues for each current + year for exchange telephone transmission service rendered wholly + within the limits of the city. +3. The inspection fee and charge shall be due and payable to the city + on or before May 1 of each year and shall be paid into and + appropriated and expended from the general revenue fund of the city. + +(Prior Code, § 6-371; Code 1999, § 7-601) + +
+ +::: phx-name +[Sec 7-602 Charge In Lieu Of Other License +Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-602_Charge_In_Lieu_Of_Other_License_Tax){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +During continued substantial compliance with the terms of this chapter +by the owner of any telephone exchange, the charge levied by this +chapter shall be and continue to be in lieu of all concessions, charges, +excise, franchise, license, privilege, and permit fees or taxes or +assessments, except ad valorem taxes. This section is not intended to +extinguish or abrogate any existing arrangement whereby the city is +permitted to use the underground conduit, duct space or pole contracts +of the company for the fire alarm and police call systems of the city, +or either of them. + +(Prior Code, § 6-372; Code 1999, § 7-602) + +
+ +::: phx-name +[CHAPTER 7-7 UTILITY +TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-7_UTILITY_TAX){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 7-7A GAS UTILITY +TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7A_GAS_UTILITY_TAX){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 7-7B ELECTRIC UTILITY +TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7B_ELECTRIC_UTILITY_TAX){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 7-7A GAS UTILITY +TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7A_GAS_UTILITY_TAX){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 7-701 Gas Utility Tax +Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-701_Gas_Utility_Tax_Levied){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-702 Tax To Be In-Lieu Of +Franchise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-702_Tax_To_Be_In-Lieu_Of_Franchise){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-703 Payable +Monthly](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-703_Payable_Monthly){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-704 Tax Constitutes +Lien](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-704_Tax_Constitutes_Lien){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-705 Ouster For Failure To +Pay](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-705_Ouster_For_Failure_To_Pay){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 7-701 Gas Utility Tax +Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-701_Gas_Utility_Tax_Levied){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +From and after September 2, 1980, there is hereby levied and assessed an +annual tax of two percent upon the gross receipts from residential and +commercial sales of gas in the city, which tax shall be in lieu of any +other franchise, license, occupation or excise tax levied by the city, +all as provided by 68 O.S. § 2601 et seq. + +(Code 1999, § 7-701; Ord. No. 250, 9-2-1980) + +
+ +::: phx-name +[Sec 7-702 Tax To Be In-Lieu Of +Franchise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-702_Tax_To_Be_In-Lieu_Of_Franchise){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The tax levied under this chapter shall, when levied, apply to all +persons, firms, associations or corporations engaged in the business of +furnishing gas within the corporate limits of the city, except it shall +not apply to any person, firm, association or corporation operating +under a valid franchise from the city. + +(Code 1999, § 7-702; Ord. No. 250, 9-2-1980) + +
+ +::: phx-name +[Sec 7-703 Payable +Monthly](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-703_Payable_Monthly){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The tax levied under this chapter shall be levied for a term of not less +than one year and shall be payable monthly and placed in the general +revenue fund of the city. + +(Code 1999, § 7-703; Ord. No. 250, 9-2-1980) + +
+ +::: phx-name +[Sec 7-704 Tax Constitutes +Lien](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-704_Tax_Constitutes_Lien){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The tax so imposed in this chapter shall constitute a first a prior lien +on all the assets located within the city of any person, firm or +corporation engaged in the business of selling gas within the city +limits. + +(Code 1999, § 7-704; Ord. No. 250, 9-2-1980) + +
+ +::: phx-name +[Sec 7-705 Ouster For Failure To +Pay](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-705_Ouster_For_Failure_To_Pay){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person, firm or corporation failing or refusing to pay such tax when +levied shall be regarded as a trespasser and may be ousted from the +city. In addition thereto, an action may be maintained against such +person, firm or corporation for the amount of the tax, and all expenses +of collecting same, including reasonable attorney\'s fees. + +(Code 1999, § 7-705; Ord. No. 250, 9-2-1980) + +
+ +::: phx-name +[ARTICLE 7-7B ELECTRIC UTILITY +TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7B_ELECTRIC_UTILITY_TAX){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 7-711 Electric Utility Tax +Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-711_Electric_Utility_Tax_Levied){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-712 Tax To Be In-Lieu Of +Franchise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-712_Tax_To_Be_In-Lieu_Of_Franchise){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-713 Payable +Monthly](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-713_Payable_Monthly){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-714 Tax Constitutes +Lien](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-714_Tax_Constitutes_Lien){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-715 Ouster For Failure To +Pay](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-715_Ouster_For_Failure_To_Pay){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 7-711 Electric Utility Tax +Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-711_Electric_Utility_Tax_Levied){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +From and after September, 2009, there is hereby levied and assessed an +annual tax of the greater amount of any voter-approved franchise fee, +currently three percent, or the annual tax on gross receipts levied as a +result of a municipal ordinance enacted pursuant to 68 O.S. § 2601 upon +the gross receipts from residential and commercial sales of electricity +in the city, which tax shall be in lieu of any other franchise, license, +occupation or excise tax levied by the city. + +(Code 1999, § 7-706; Ord. No. 655(09), 12-8-2009) + +
+ +::: phx-name +[Sec 7-712 Tax To Be In-Lieu Of +Franchise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-712_Tax_To_Be_In-Lieu_Of_Franchise){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The tax levied under this chapter shall, when levied, apply to all +persons, firms, associations or corporations engaged in the business of +furnishing electricity within the corporate limits of the city, except +it shall not apply to any person, firm, association or corporation +operating under a valid franchise from the city. + +(Code 1999, § 7-707; Ord. No. 655(09), 12-8-2009) + +
+ +::: phx-name +[Sec 7-713 Payable +Monthly](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-713_Payable_Monthly){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The tax levied under this chapter shall be levied for a term of not less +than one year and shall be payable monthly and placed in the general +revenue fund of the city. + +(Code 1999, § 7-708; Ord. No. 655(09), 12-8-2009) + +
+ +::: phx-name +[Sec 7-714 Tax Constitutes +Lien](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-714_Tax_Constitutes_Lien){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The tax so imposed in this chapter shall constitute a first a prior lien +on all assets located within the city of any person, firm or corporation +engaged in the business of selling electricity within the city limits. + +(Code 1999, § 7-709; Ord. No. 655(09), 12-8-2009) + +
+ +::: phx-name +[Sec 7-715 Ouster For Failure To +Pay](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-715_Ouster_For_Failure_To_Pay){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person, firm or corporation failing or refusing to pay such tax when +levied shall be regarded as a trespasser and may be ousted from the +city. In addition thereto, an action may be maintained against such +person, firm or corporation for the amount of the tax, and all expenses +of collecting same, including reasonable attorney\'s fees. + +(Code 1999, § 7-710; Ord. No. 655(09), 12-8-2009) + +
+ +::: phx-name +[CHAPTER 7-8 UNCLAIMED +PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-8_UNCLAIMED_PROPERTY){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 7-801 Delivery Required; +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-801_Delivery_Required;_Records){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-802 Disposition Of Personal Property, General +Procedures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-802_Disposition_Of_Personal_Property,_General_Procedures){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-803 Seized Illegal Alcohol And Gambling +Paraphernalia](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-803_Seized_Illegal_Alcohol_And_Gambling_Paraphernalia){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-804 Property Of Deceased +Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-804_Property_Of_Deceased_Persons){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-805 Exchange Of Unclaimed Or Confiscated +Weapons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-805_Exchange_Of_Unclaimed_Or_Confiscated_Weapons){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 7-806 Recovery By +Owner](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-806_Recovery_By_Owner){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Disposition of personal property by police +chief, procedures, application to destroy, 11 O.S. § 34-104; Uniform +Unclaimed Property Act, 60 O.S. § 650 et seq.; finders of lost goods, 15 +O.S. § 511 et seq.; disposal of stolen or embezzled property coming into +hands of police officers, 22 O.S. § 1321 et seq.; disposal of liquor and +gambling equipment seized by police officers, 22 O.S. § 1261 et seq.; +illegal alcoholic beverages seized, 37 O.S. § 539.\ + +
+ +::: phx-name +[Sec 7-801 Delivery Required; +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-801_Delivery_Required;_Records){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All personal property which comes into the possession of any police + officer, which has been found or stolen or taken off the person or + out of the possession of any prisoner or person suspected of or + charged with being a criminal, and which is not known to belong to + some person laying claim thereto, shall be, by the officer securing + possession thereof, delivered into the charge of the police chief. + The chief shall, in a permanent record book kept for that purpose, + make a record sufficient to identify the property, with the date and + circumstances of the receipt thereof and the name of the person from + whom it was taken and the place where it was found. The record shall + also disclose the subsequent disposal thereof, giving the date of + sale, name and address of the purchaser, and the amount for which it + was sold. +2. For the purpose of this chapter, the term \"police chief\" means the + police chief or his designee. + +(Prior Code, § 18-46, in part; Code 1999, § 7-801) + +
+ +::: phx-name +[Sec 7-802 Disposition Of Personal Property, General +Procedures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-802_Disposition_Of_Personal_Property,_General_Procedures){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The police chief is authorized to sell personal property, other than + animals, money or legal tender of the United States, except as + provided in subsection (B) of this section, which has come into his + possession in any manner if: + 1. The owner of the personal property is unknown or has not claimed + the property; + 2. The property has been in the custody of the police chief for at + least 90 days; or + 3. The property or any part thereof is no longer needed to be held + as evidence or for any other purpose in connection with any + litigation. Any owner, to recover or claim property, must be + able to satisfactorily prove ownership to the police chief. +2. Any property found by a person other than public official which + shall be delivered to any police officer for identification and + registration, if not claimed or identified within 30 days, shall, + within ten additional days thereafter, if requested by the finder, + be returned to him, and a record of such disposal made thereof. + However, in all other cases, only property in which the finder + relinquishes any future claim to its ownership will be stored in the + city police property room. +3. The police chief shall file an application in the district court of + the county requesting the authority of the court to conduct a sale + of such personal property or money or legal tender which has a fair + market value of more than its face value. The police chief shall + attach to his application a list describing such property or money + or legal tender, including any identifying numbers and marks, the + date the property or money or legal tender came into his possession, + and the name of the owner and his address, if known. The court shall + set the application for hearing not less than ten days nor more than + 20 days after filing of the application. +4. In any instance where the property has an actual or apparent value + of more than \$250.00, at least ten days prior to the date of the + hearing, notice of the hearing shall be sent by first class mail to + each owner at his address as listed in the application. If the owner + of any property with an actual or apparent value exceeding \$500.00 + is unable to be served notice by certified mail, notice shall be + provided by one publication in a newspaper of general circulation in + the county. The notice shall contain a brief description of the + property or money or legal tender of the owner and the place and + date of the hearing. The notice shall be posted at the assigned + place for the posting of city notices, and at two other public + places in the city. +5. If no owner appears and establishes ownership to the property at the + hearing, the court shall enter an order authorizing the chief of + police to dispose of the property as follows: + 1. Donate the property having value of less than \$500.00 to a + not-for-profit corporation as defined in 18 O.S. for use by + needy families; + 2. Sell the personal property for cash to the highest bidder, after + at least five days\' notice of the sale has been published; + 3. Transfer the property to a third-party agent under contract with + the governing body or the chief of police for sale by Internet + or other electronic means, regardless of whether the sale + structure or distribution site is within the state; or + 4. By any other means as determined appropriate by the court, + including, but not limited to, destruction.\ + Regardless of the means of disposition, the chief of police + shall make a return of the donation or sale and the order of the + court confirming the donation or sale shall vest title to the + property in the recipient or purchaser. After payment of court + costs and other expenses, the remainder of money received from + the sale of the personal property shall be deposited in the city + general fund. +6. All money or legal tender of the United States, except as provided + in subsection (B) of this section, which has come into the + possession of the police chief pursuant to the circumstances + provided for in subsection (A) of this section, shall be transferred + by the police chief to the city clerk for deposit in the general + fund. Prior to any such transfer, the police chief shall file an + application in the district court requesting the court to enter an + order authorizing him to transfer the money for deposit in the + general fund. The application shall describe the money or legal + tender, any serial numbers, the date the same came into his + possession, and the name of the owner and his address, if known. + Upon filing the application which may be joined with an application + as described in subsection (C) of this section, a hearing shall be + set not less than ten days nor more than 20 days from the filing of + the application. Notice of the hearing shall be given as provided + for in subsection (D) of this section. The notice shall state that + upon failure of anyone to appear to prove ownership to the money or + legal tender, the court shall order the same to be deposited in the + general fund. The notice may be combined with a notice to sell + personal property as provided for in subsection (B) of this section. + If no one appears to claim and prove ownership to the money or legal + tender at the hearing, the court shall order the same to be + transferred to the general fund as provided in this subsection. +7. The provisions of this section shall not apply to any dangerous or + deadly weapons, narcotic or poisonous drugs, explosives, or any + property of any kind or character, which the possession of is + prohibited by law, nor to any property for which a specific + procedure is otherwise established by law, ordinance or proper + order. By order of the trial court, any such property filed as an + exhibit or held by the city shall be destroyed or sold or disposed + of, pursuant to the conditions prescribed in such order. +8. Property authorized to be destroyed herein or by state or other law, + or which cannot be sold or used by the city, shall be destroyed on + order of the police chief. The destruction of personal property must + be witnessed by at least three members of the police department who + must sign a certificate of destruction listing all property + destroyed, a general description of same, and the date, time, place + and manner of such destruction. + +(Prior Code, § 18-47, in part; Code 1999, § 7-802; Ord. No. 435(03), +12-1-2003) + +**State Law reference**--- Similar provisions, 11 O.S. § 34-104. + +
+ +::: phx-name +[Sec 7-803 Seized Illegal Alcohol And Gambling +Paraphernalia](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-803_Seized_Illegal_Alcohol_And_Gambling_Paraphernalia){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The disposition of seized illegal alcohol and gambling paraphernalia +shall be as provided in 22 O.S. §§ 1261---1264.\ + +
+ +::: phx-name +[Sec 7-804 Property Of Deceased +Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-804_Property_Of_Deceased_Persons){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The personal property of a deceased person shall be delivered only to +the next of kin of such person or to the legally appointed +representative of his estate. If the personal property is claimed by the +legally appointed representative of the estate of the deceased, a +certified copy of the order of the district court appointing such person +shall be deemed sufficient authority to support the claim. If the +personal property is claimed by the next of kin, the claimant shall +furnish an affidavit to the effect that he is the person entitled to +possession of the property; the affidavit shall be deemed sufficient +authority to support the claim. If personal property of a deceased +person remains unclaimed for a period of 90 days, it shall be disposed +of in the appropriate manner provided in this chapter. + +(Prior Code, § 18-47, in part; Code 1999, § 7-805) + +
+ +::: phx-name +[Sec 7-805 Exchange Of Unclaimed Or Confiscated +Weapons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-805_Exchange_Of_Unclaimed_Or_Confiscated_Weapons){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Unclaimed or confiscated weapons which have been in the possession + of the police department for 120 days or more may be traded by the + police chief or his designee, for new weapons for use by the police + department. The unclaimed or confiscated weapons may only be traded + to such gun dealers who have complied with applicable state and + federal regulations concerning firearms and, in the opinion of the + police chief or his designee, are reputable. +2. In trading such unclaimed or confiscated weapons, the police chief + or his designee shall advertise for bids for such trade. Such + advertisement for bids shall be done in accordance with prevailing + and established bid procedure as formulated by the purchasing entity + of the city. +3. The value of such unclaimed and confiscated weapons as hereinabove + discussed shall in all cases be determined by their fair market + value of the new weapons received in such trade. + +(Code 1999, § 7-806) + +
+ +::: phx-name +[Sec 7-806 Recovery By +Owner](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-806_Recovery_By_Owner){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If any property is sold as herein provided, and the owner thereof takes +and recovers possession of same from the purchaser, the amount paid +therefor shall be returned to the purchaser, upon verified claim being +submitted and approved by the police chief. + +(Prior Code, § 18-47, in part; Code 1999, § 7-807) + +
+ +::: {.phx-name .phx-break} +[PART 8 HEALTH AND +NUISANCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_8_HEALTH_AND_NUISANCES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 8-1 NUISANCES AND HEALTH +GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-1_NUISANCES_AND_HEALTH_GENERALLY){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 8-2 WEEDS, GRASS AND +TRASH](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-2_WEEDS,_GRASS_AND_TRASH){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 8-3 DILAPIDATED +BUILDINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-3_DILAPIDATED_BUILDINGS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 8-4 ABANDONED, JUNK +VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-4_ABANDONED,_JUNK_VEHICLES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 8-5 LITTER AND +TRASH](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-5_LITTER_AND_TRASH){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 8-6 FOOD AND MILK +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-6_FOOD_AND_MILK_REGULATIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 8-7 SMOKING IN PUBLIC PLACES AND INDOOR +WORKPLACES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-7_SMOKING_IN_PUBLIC_PLACES_AND_INDOOR_WORKPLACES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 8-8 PUBLIC +BATHING/TANNING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-8_PUBLIC_BATHING/TANNING){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 8-9 +ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-9_ENFORCEMENT){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 8-10 +GRAFFITI](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-10_GRAFFITI){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 8-11 EXTERIOR PROPERTY +MAINTENANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-11_EXTERIOR_PROPERTY_MAINTENANCE){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 8-12 MEDICAL +MARIJUANA](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-12_MEDICAL_MARIJUANA){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 8-13 MULTI-FAMILY +CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-13_MULTI-FAMILY_CODE){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Nuisances generally, 50 O.S. § 1 et seq.; +power of city to summarily abate, 50 O.S. § 16.\ + +
+ +::: phx-name +[CHAPTER 8-1 NUISANCES AND HEALTH +GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-1_NUISANCES_AND_HEALTH_GENERALLY){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-101 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-101_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-102 Agricultural +Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-102_Agricultural_Exemption){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-103 Certain Public Nuisances +Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-103_Certain_Public_Nuisances_Defined){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-104 Nuisance +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-104_Nuisance_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-105 Person Responsible For Continuing +Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-105_Person_Responsible_For_Continuing_Nuisance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-106 Time Does Not Legalize +Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-106_Time_Does_Not_Legalize_Nuisance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-107 Remedies Against Public +Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-107_Remedies_Against_Public_Nuisances){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-108 Remedies Against Private +Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-108_Remedies_Against_Private_Nuisances){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-109 City Has Power To Define And Summarily Abate +Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-109_City_Has_Power_To_Define_And_Summarily_Abate_Nuisance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-110 Summary Abatement Of +Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-110_Summary_Abatement_Of_Nuisances){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-111 Health Nuisances; +Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-111_Health_Nuisances;_Abatement){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-112 City Actions Not To Jeopardize Private +Action](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-112_City_Actions_Not_To_Jeopardize_Private_Action){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-113 Escape Of Water +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-113_Escape_Of_Water_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-114 Open Burning +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-114_Open_Burning_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-115 Abatement By Suit In District +Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-115_Abatement_By_Suit_In_District_Court){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-116 Procedure +Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-116_Procedure_Cumulative){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-117 Toilet Facilities +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-117_Toilet_Facilities_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-118 Hypodermic Syringes, Purchase +Regulated](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-118_Hypodermic_Syringes,_Purchase_Regulated){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-119 Obstructing Health Or Enforcement +Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-119_Obstructing_Health_Or_Enforcement_Officer){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-120 Outside Storage Of +Appliances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-120_Outside_Storage_Of_Appliances){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-121 Waste Stabilization +Lagoons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-121_Waste_Stabilization_Lagoons){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Nuisances generally, 50 O.S. § 1 et seq.; +power of city to summarily abate, 50 O.S. § 16.\ + +
+ +::: phx-name +[Sec 8-101 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-101_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this subsection, except where the +context clearly indicates a different meaning: + +*Nuisance* means unlawfully doing an act, or omitting to perform a duty, +or is any thing or condition which either: + +1. Annoys, injures or endangers the comfort, repose, health or safety + of others; +2. Offends decency; +3. Unlawfully interferes with, obstructs or tends to obstruct or render + dangerous for passage, any lake or navigable river, stream, canal or + basin, or any public park, square, street or other public property; + or +4. In any way renders other persons insecure in life or in the use of + property. + +*Private nuisance* means every nuisance not included the definition of +the term \"public nuisance\" as provided in this section. + +*Public nuisance* means a nuisance which affects at the same time an +entire community or neighborhood, or any considerable number of persons, +or three or more properties under separate ownership in the vicinity of +such nuisance, although the extent of the annoyance or damage inflicted +upon the individuals may be unequal. + +(Prior Code, §§ 12-121, 12-122; Code 1999, § 8-101) + +**State Law reference**--- Similar provisions, 50 O.S. § 1. + +
+ +::: phx-name +[Sec 8-102 Agricultural +Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-102_Agricultural_Exemption){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following words, terms and phrases, when used in this section, + shall have the meanings ascribed to them in this subsection, except + where the context clearly indicates a different meaning:\ + \ + *Agricultural* *activities* includes, but is not limited to, the + growing or raising of horticultural and viticultural crops, berries, + poultry, livestock, aquaculture, grain, mint, hay, dairy products + and forestry activities. The term \"agricultural activities\" also + includes improvements or expansion to the activities provided for in + this definition, including, but not limited to, new technology, + pens, barns, fences, and other improvements designed for the + sheltering, restriction, or feeding of animal or aquatic life, for + storage of produce or feed, or for storage or maintenance of + implements. If the expansion is part of the same operating facility, + the expansion need not be contiguous.\ + *Farmland* includes, but is not limited to, land devoted primarily + to production of livestock or agricultural commodities.\ + *Forestry* *activity* means any activity associated with the + reforesting, growing, managing, protecting and harvesting of timber, + wood and forest products, including, but not limited to, forestry + buildings and structures. +2. Agricultural activities conducted on farm or ranch land, if + consistent with good agricultural practices and established prior to + nearby nonagricultural activities, are presumed to be reasonable and + do not constitute a nuisance unless the activity has a substantial + adverse effect on the public health and safety. If that agricultural + activity is undertaken in conformity with federal, state and local + laws and regulations, it is presumed to be good agricultural + practice and not adversely affecting the public health and safety. +3. No action for nuisance shall be brought against agricultural + activities on farm or ranch land which has lawfully been in + operation for two years or more prior to the date of bringing the + action. The established date of operation is the date on which an + agricultural activity on farm or ranch land commenced. The + established date of operation for each change is not a separately + and independently established date of operation and commencement of + the expanded activity does not divest the farm or ranch of a + previously established date of operation if: + 1. The physical facilities of the farm or ranch are subsequently + expanded or new technology adopted; + 2. The farming or ranching is interrupted for no more than three + years; or + 3. The farm or ranch participates in a government-sponsored + agricultural program. +4. In any action for nuisance in which agricultural activities are + alleged to be a nuisance, and which action is found to be frivolous + or malicious by the court, the defendant shall recover the aggregate + amount of costs and expenses determined by the court to have been + reasonably incurred in connection with defending the action, + together with a reasonable attorney fee. +5. This section does not relieve agricultural activities of the duty to + abide by state and federal laws, including, but not limited to, the + Oklahoma Concentrated Animal Feeding Operations Act (2 O.S. § 20-40 + et seq.) and the Oklahoma Registered Poultry Feeding Operations Act + (2 O.S. § 10-9.1 et seq.). + +
+ +::: phx-name +[Sec 8-103 Certain Public Nuisances +Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-103_Certain_Public_Nuisances_Defined){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. In addition to other public nuisances declared by other sections of + this Code or law, the following are hereby declared to be public + nuisances: + 1. The sale or offering of unwholesome food or drink; or the + keeping of a place where such sales or offerings are made; + 2. The sale, offering for sale or furnishing of intoxicating liquor + in violation of the state law or ordinances of the city; or the + keeping of a place where intoxicating liquor is sold, offered + for sale, or furnished in violation of the state law or + ordinances of the city; + 3. The exposure, display, sale or distribution of obscene pictures, + books, pamphlets, magazines, papers, documents, or objects; or + the keeping of a place where such are exposed, displayed, sold + or distributed; + 4. The keeping of a place where persons gamble, whether by cards, + slot machines, punchboards or otherwise; + 5. The keeping of a place where prostitution, illicit sexual + intercourse or other immoral acts are practiced; + 6. The keeping of a place where activities in violation of state + law or ordinance are practiced or carried on; + 7. The public exposure of a person having a contagious disease as + defined by applicable health laws and regulations; + 8. The continued making of loud or unusual noises, music or sounds, + or strong vibrations which annoy persons of ordinary + sensibilities; or the keeping of an animal which makes such + noises; + 9. The operation or use of any electrical apparatus or machine + which materially and unduly interferes with radio or television + reception by others; + 10. Any use of a street or sidewalk or a place adjacent thereto + which causes crowds of people to gather so as to obstruct + traffic on such street or sidewalk, or which otherwise obstructs + traffic thereon, except as may be authorized by law or + ordinances; + 11. Permitting water or other liquid to flow, fall or accumulate, or + ice or snow to fall, from any building or structure upon any + street or sidewalk where mosquitoes breed or are likely to + breed, or which are so constructed, formed, conditioned, or + situated as to endanger the public safety; + 12. All wells, pools, cisterns, bodies or containers of water in + which mosquitoes breed or are likely to breed, or which are so + constructed, formed, conditioned or situated as to endanger the + public safety; + 13. Rank weeds or grass, carcasses, accumulations of manure, refuse + or other things which are, or are likely to be, breeding places + for flies, mosquitoes, vermin or disease germs, and the premises + on which such exist; + 14. Any building or structure which is dangerous to the public + health or safety because of damage, decay or other condition; + 15. Any pit, hole or other thing which is so constructed, formed, + conditioned or situated as to endanger the public safety; + 16. Any fire or explosion hazard which endangers the public safety; + 17. Any occupation or activity which endangers the public peace, + health, morals, safety or welfare; + 18. Permitting bagworms to be upon any trees or other plants within + the city; + 19. Permitting foul, noxious or offensive odors to escape from + premises; or unusual quantities of dust or other deleterious + substances to escape or emanate across the property line upon + which the same originates; + 20. Any stable or other place where animals are kept that may become + obnoxious or annoying to any resident of the city, by reason of + any noise made by the animal therein, or by reason of lack of + sanitation; + 21. The keeping in violation of section 4-101 et seq., of any dog + kennels within the city for the breeding and raising of dogs + that shall become offensive or annoying to the public by reason + of the barking and noise made by the animals therein contained; + 22. Any vault, cesspool or sink used to receive human excrement, + slops, garbage, refuse or other filthy substance; + 23. Any pond, slop, trash, refuse, cobs, manure, decayed or decaying + vegetable matter, left, kept or maintained in such condition as + to endanger the public health; + 24. The keeping of any hog pen within the limits of the city in + violation of this Code; + 25. Every privy or water closet which shall be in an overflowing, + leaking or filthy condition, or in a condition dangerous, + injurious or annoying to the comfort, health and welfare of any + resident of the city; + 26. Any green or unsalted hides of any animal kept in any exposed or + open place within the limits of the city; + 27. Any unclean, foul, leaking or broken or defective ditch, drain, + gutter, slop, garbage or manure barrel, box, grease barrel or + other receptacle in the city; + 28. Every building or other structure that shall become unsafe and + dangerous from fire, decay or other cause, or shall become + hazardous from fire, by reason of age, decay or construction, + location or other cause, or shall be detrimental to the health, + safety or welfare of the city or its inhabitants from any cause; + 29. Allowing the exterior of buildings and structures to be + maintained in such a manner that their appearance constitutes a + blighting influence for adjoining property. As used in this + subsection, the term \"blighting influence\" shall mean the + maintaining of the exterior of a building or structure in a + condition that, if not corrected, would or could cause + surrounding buildings and structures to become likewise + maintained leading to an overall deterioration of the + surrounding area; + 30. Failing to remove, allowing to remain or permitting any + unsightly condition commonly referred to as graffiti, which is + defined and prohibited in section 8-1001 et seq. + 31. Any tree kept, maintained or not removed in which a limb, + branch, stem, stump or part thereof may cause injury to the + property owner/occupant or any passerby, or may cause damage to + any fence, structure, vehicle or any other property or + utilities. +2. The enumeration in subsection (A) of this section of certain public + nuisances shall be cumulative and not limit other provisions of law + or ordinances defining public or private nuisances either in more + general or more specific terms. + +(Prior Code, § 12-123, in part; Code 1999, § 8-102; Ord. No. 73(94), +1-3-1994; Ord. No. 316(01), 3-5-2001; Ord. No. 621(08), 6-2-2008) + +
+ +::: phx-name +[Sec 8-104 Nuisance +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-104_Nuisance_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall create or maintain a nuisance within the city or permit +a nuisance to remain on premises under his control within the city. + +(Prior Code, § 12-124; Code 1999, § 8-103) + +
+ +::: phx-name +[Sec 8-105 Person Responsible For Continuing +Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-105_Person_Responsible_For_Continuing_Nuisance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every successive owner of property who neglects to abate a continuing +nuisance upon or in the use of such property, created by a former owner, +is liable therefor in the same manner as the person who first created +it. + +(Prior Code, § 12-124; Code 1999, § 8-104) + +**State Law reference**--- Similar provisions, 50 O.S. § 5. + +
+ +::: phx-name +[Sec 8-106 Time Does Not Legalize +Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-106_Time_Does_Not_Legalize_Nuisance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No lapse of time can legalize a public nuisance amounting to an actual +obstruction of public right. + +(Code 1999, § 8-105) + +**State Law reference**--- Similar provisions, 50 O.S. § 7. + +
+ +::: phx-name +[Sec 8-107 Remedies Against Public +Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-107_Remedies_Against_Public_Nuisances){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The remedies against a public nuisance are: + +1. Prosecution on complaint before the municipal court; +2. Prosecution on information or indictment before another appropriate + court; +3. Civil action; or +4. Abatement: + 1. By the person injured as provided in 50 O.S. § 12; + 2. By the city in accordance with law or ordinance. + +(Code 1999, § 8-106) + +**State Law reference**--- Similar provisions, 50 O.S. § 5. + +
+ +::: phx-name +[Sec 8-108 Remedies Against Private +Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-108_Remedies_Against_Private_Nuisances){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The remedies against a private nuisance are: + +1. Civil action; or +2. Abatement: + 1. By the person injured as provided in 50 O.S. §§ 14 and 15; or + 2. By the city in accordance with law or ordinance. + +(Code 1999, § 8-107) + +**State Law reference**--- Similar provisions, 50 O.S. § 13. + +
+ +::: phx-name +[Sec 8-109 City Has Power To Define And Summarily Abate +Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-109_City_Has_Power_To_Define_And_Summarily_Abate_Nuisance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +As provided in 50 O.S. § 16, the city is empowered to determine what is +and what shall constitute a nuisance within its corporate limits and, +for the protection of the public health, the public parks and the public +water supply, outside of its corporate limits. Whenever it is practical +to do so, the city has the power summarily to abate any such nuisance +after notice to the owner and an opportunity for him to be heard, if +this can be done. + +(Code 1999, § 8-108) + +
+ +::: phx-name +[Sec 8-110 Summary Abatement Of +Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-110_Summary_Abatement_Of_Nuisances){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Some nuisances are of such nature as to constitute a grave and + immediate danger to the peace, health, safety, morals or welfare of + one or more persons or of the public generally. It is recognized + that circumstances may be such as to justify, and even to require, + the city manager or other appropriate officer or agency of the city + government to take immediate and proper action summarily to abate + such nuisances or to reduce or suspend the danger until more + deliberate action can be taken toward such abatement. +2. An officer subordinate to the city manager may submit to the city + manager a statement as to the existence of a nuisance as defined by + the ordinances of the city or law, and a request or recommendation + that it be abated. +3. The city manager or his designee shall determine if a nuisance + exists as defined by the ordinances of the city or law. If he finds + that a nuisance does in fact exist, he shall direct the owner or + other persons responsible for or causing the nuisance by: + 1. Certified mail; + 2. Publication if the owner cannot be so served or found;\ + to abate the nuisance within a specified time if the peace, + health, safety, morals or welfare of the persons or public + adversely affected would not be unduly jeopardized by the + consequent delay. If such peace, health, safety, morals or + welfare would be unduly jeopardized by the consequent delay, or + if the owner or other persons responsible for or causing the + nuisance do not abate it within the specified time, or if the + persons responsible authorize the city to abate the nuisance, + the manager shall direct the appropriate officer to abate the + nuisance or have it abated, if summary abatement is practical, + as authorized by 50 O.S. § 16. The city shall send a statement + of the cost of such summary abatement to the owner or other + persons responsible for or causing the nuisance, as may be just + under the circumstances, if their names and addresses are known. + Until paid, such cost shall constitute a debt to the city + collectible as other debts may be collected. +4. The determination of the existence of a nuisance and order to abate + it, as made by the city manager, may be appealed by the occupant or + owner or person causing the nuisance by filing a request for hearing + in writing with the city clerk within the period of time specified + in the notice for abatement of the nuisance. The clerk shall cause + the matter to be placed on the agenda of the city council for final + determination with appropriate notice of the hearing provided to the + person requesting the appeal. + +(Prior Code, § 12-125, in part; Code 1999, § 8-109) + +
+ +::: phx-name +[Sec 8-111 Health Nuisances; +Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-111_Health_Nuisances;_Abatement){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Pursuant to authority granted by 63 O.S. § 1-1011, the city shall + have the authority to order the owner or occupant of any private + premises in the city to remove from such premises, at his own + expense, any source of filth, cause of sickness, condition conducive + to the breeding of insects or rodents that might contribute to the + transmission of disease, or any other condition adversely affecting + the public health, within 24 hours, or within such other time as may + be reasonable. Such order shall be in writing and may be served + personally on the owner or occupant of the premises, or authorized + agent thereof, by the city or by a police officer, or a copy thereof + may be left at the last usual place of abode of the owner, occupant + or agent, if known and within the state. If the premises are + unoccupied and the residence of the owner, occupant or agent is + unknown or is outside the state, the order may be served by posting + a copy thereof on the premises or by publication in at least one + issue of a newspaper having a general circulation in the city. +2. If the order is not complied with, the city may cause the order to + be executed and complied with, and the cost thereof shall be + certified and the cost of removing or abating such nuisance shall be + charged to the owner or occupant, enforceable as a lien or any other + method allowed by law or ordinance. + +(Prior Code, § 12-151; Code 1999, § 8-110) + +
+ +::: phx-name +[Sec 8-112 City Actions Not To Jeopardize Private +Action](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-112_City_Actions_Not_To_Jeopardize_Private_Action){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Nothing herein contained shall be construed to abridge the rights of +citizens of the city to bring and maintain actions in the proper courts +for the abatement of private nuisances or those specially injurious to +them. + +(Prior Code, § 12-6; Code 1999, § 8-111) + +
+ +::: phx-name +[Sec 8-113 Escape Of Water +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-113_Escape_Of_Water_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall permit or cause the escape or flow of water in such + quantity as to cause flooding, or impede vehicular or pedestrian + traffic, or create a hazardous condition to such traffic, or cause + damage to the public streets of the city. +2. Water from private pools shall be drained or disposed of in such + manner as to not run on adjacent property, and if not directly + connected to the sanitary sewer system, private pools shall be + drained into a sanitary sewer cleanout. If a sanitary sewer cleanout + is not available, the private pool shall be pumped into a container + truck and disposed of properly. In no way shall chlorinated or + unclean pool water, including water with algae, chemicals, or dirt + or sediment, be allowed to drain into the storm sewer system, + creeks, or drainage channels. + +(Code 1999, § 8-112; Ord. No. 590(07), 6-18-2007) + +
+ +::: phx-name +[Sec 8-114 Open Burning +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-114_Open_Burning_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful to burn any fire outside of any enclosed building in the +city for the purpose of burning grass, trash, leaves, weeds, papers, +refuse, garbage or any other substance, except in an approved +incinerator and except as may be allowed by the city fire code and any +applicable state or city regulations. + +(Code 1999, § 8-113) + +
+ +::: phx-name +[Sec 8-115 Abatement By Suit In District +Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-115_Abatement_By_Suit_In_District_Court){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In cases where it is deemed impractical summarily to abate a nuisance, +the city may bring suit in the district court. + +(Prior Code, § 12-6, in part; Code 1999, § 8-114) + +
+ +::: phx-name +[Sec 8-116 Procedure +Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-116_Procedure_Cumulative){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The procedures for abating nuisances prescribed by this chapter and by +other provisions of law and ordinance shall be cumulative one to the +other. The city may elect to follow any such procedure which is +applicable in abating any particular nuisance. + +(Prior Code, § 12-5; Code 1999, § 8-115) + +
+ +::: phx-name +[Sec 8-117 Toilet Facilities +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-117_Toilet_Facilities_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following words, terms and phrases, when used in this section, + shall have the meanings ascribed to them in this section, except + where the context clearly indicates a different meaning:\ + *Human excrement* means the bowel and kidney discharge of human + beings.\ + *Sanitary pit privy* means a waterless privy which is built, rebuilt + or constructed so as to conform with the specifications approved by + the state health department.\ + *Sanitary water closet* means the flush type toilet which is + connected with a sanitary sewer line of such capacity and + construction as to carry away the contents at all times. +2. Every owner of a residence or other building in which humans reside, + are employed or congregate within the city shall install, equip and + maintain adequate sanitary facilities for the disposal of human + excrement by use of a sanitary water closet or a sanitary pit privy. + The closets and toilets hereby required shall be of the sanitary + water closet type when located within 200 feet of a sanitary sewer + and accessible thereto and of the sanitary water closet type + (notwithstanding a greater distance from a sanitary sewer) or the + water closet type emptying into a septic tank system or the pit + privy type. A septic tank system or a pit privy may be used in such + cases only if it meets the standards of and is approved by the state + health department. +3. All human excrement disposed of within the city shall be disposed of + by depositing it in closets and privies of the type provided for in + this section. It is unlawful for any owner of property within the + city to permit the disposal of human excrement thereon in any other + manner, or for any person to dispose of human excrement within the + city in any other manner. +4. All privies shall be kept clean and sanitary at all times, and the + covers of the seats of privies shall be kept closed at all times + when the privies are not being used. No wash water, kitchen slop or + anything other than human excrement and toilet paper shall be + emptied into a privy. No excrement from any person suffering from + typhoid fever, dysentery or other serious bowel disease shall be + deposited in any sanitary pit privy or sanitary water closet until + it is disinfected in such a manner as may be prescribed by the + health officer. +5. All facilities for the disposal of human excrement in a manner + different from that required by this section and all privies and + closets so constructed, situated or maintained as to endanger the + public health are hereby declared to be public nuisances, and may be + dealt with and abated as such. Any person maintaining any such + nuisance is guilty of an offense and each day upon which any such + nuisance continues is a separate offense. + +(Code 1999, § 8-116) + +
+ +::: phx-name +[Sec 8-118 Hypodermic Syringes, Purchase +Regulated](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-118_Hypodermic_Syringes,_Purchase_Regulated){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person may sell a hypodermic syringe of any type to any person, + company, hospital, medical facility or other organization or + pharmacist not licensed for the medical treatment of people, animals + or fowl or licensed to sell drugs or medical supplies at retail + without first requiring identification of the purchaser and + production by the purchaser of a certificate of need or a + prescription for the purchase of the hypodermic syringe from a + licensed physician, surgeon, or official of a state, county, or + city-county health department, and if the need is for use of the + hypodermic syringe with animals or fowl the certificate or + prescription may be from a doctor of veterinary medicine. +2. The seller shall maintain a record of such sales, including the + person to whom the hypodermic syringe was sold, the address of the + buyer, the date of sale and the number of hypodermic syringes sold. +3. The records required by this section shall be kept open at all times + to the inspection of the chief of police or his deputy, to any + officer of the police department, or to any other person so + authorized in writing by the chief of police or a court of competent + jurisdiction. +4. Any person who uses a disposable syringe shall, immediately after + use of such syringe, destroy it or render it inoperable so that such + used syringe cannot be used again by any other person. +5. Any person who uses a permanent type needle or syringe shall, + immediately after final use of such needle or syringe, destroy the + needle or syringe rendering it inoperable so that such needle or + syringe cannot be used again by any other person. +6. Every article sold and every day a sale is conducted in violation of + this section shall constitute a separate offense. + +(Prior Code, § 12-3; Code 1999, § 8-117) + +
+ +::: phx-name +[Sec 8-119 Obstructing Health Or Enforcement +Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-119_Obstructing_Health_Or_Enforcement_Officer){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to willfully obstruct or interfere with +any health officer or other code enforcement officer charged with the +enforcement of the health or nuisance laws of the city. + +(Prior Code, § 12-4; Code 1999, § 8-118) + +
+ +::: phx-name +[Sec 8-120 Outside Storage Of +Appliances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-120_Outside_Storage_Of_Appliances){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful and an offense for any person to leave outside of any + building or dwelling any range, stove, oven, ice box, refrigerator, + washer, dryer, plumbing fixture, such as, but not limited to, + bathtubs, sinks, and toilets, or other container of any kind of a + capacity of 1½ cubic feet or more. +2. The use of said aforementioned items for a purpose different than + its original use shall not operate to change the use from its + originally intended purpose. + +(Code 1999, § 8-119; Ord. No. 465, 10-3-1988; Ord. No. 514(05), +8-15-2005; Ord. No. 587(07), 5-21-2007) + +**State Law reference**--- Similar provisions, 21 O.S. § 1208. + +
+ +::: phx-name +[Sec 8-121 Waste Stabilization +Lagoons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-121_Waste_Stabilization_Lagoons){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Definition.* A waste stabilization lagoon is a structure + specifically designed to treat liquid organic wastes by biological, + chemical and physical processes commonly referred to as natural + self-purification. It is normally a relatively shallow, diked + structure and may receive either raw or pretreated wastes. The + satisfactory operation of the process depends upon the growth of + algae and like organisms for the production of oxygen through + photosynthesis; therefore, conditions must be maintained which are + conducive to the growth of algae, such as proper water depth, + sufficient dissolved oxygen, and maximum penetration of sunlight. +2. *Construction.* + 1. No waste stabilization lagoons shall be installed or constructed + within the limits of the city until and unless the city council + has approved the proposal for such construction and + installation. The review herein contemplated to be made by the + council shall consist of, but not necessarily limited to, the + following matters: + 1. The location of the lagoon site; + 2. Its proximity to residential areas; + 3. A consideration of the effect on the surrounding area if the + lagoon breaks or its proper operation is interrupted for any + cause; + 4. The effect of such lagoon on surrounding property values; + 5. If the lagoon is not a full retention lagoon, the direction + of flow and ultimate disposition of the effluent from + overflow. + 2. If city council approves a proposed waste stabilization lagoon, + construction and installation shall comply with the state + department of environmental quality regulations. + +(Code 1999, § 8-120; Ord. No. 267(99), 11-15-1999) + +
+ +::: phx-name +[CHAPTER 8-2 WEEDS, GRASS AND +TRASH](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-2_WEEDS,_GRASS_AND_TRASH){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-201 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-201_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-202 Accumulation Of Trash Or Weeds; Unlawful, +Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-202_Accumulation_Of_Trash_Or_Weeds;_Unlawful,_Nuisance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-203 Same; Duty Of Owner, Occupant To Maintain Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-203_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-204 Same; Reports Of Accumulation On +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-204_Same;_Reports_Of_Accumulation_On_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-205 Same; Receipt Of Report, Hearing And +Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-205_Same;_Receipt_Of_Report,_Hearing_And_Notice){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-206 Same; Abatement By City, Selection Of +Contractors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-206_Same;_Abatement_By_City,_Selection_Of_Contractors){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-207 Same; Summary Abatement Of Subsequent +Accumulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-207_Same;_Summary_Abatement_Of_Subsequent_Accumulations){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-208 Same; Determination And Assessment Of +Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-208_Same;_Determination_And_Assessment_Of_Costs){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-209 Same; Lien On The Property, Civil +Remedy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-209_Same;_Lien_On_The_Property,_Civil_Remedy){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-210 Dead Or Diseased Trees; Allowing To Remain On Any Lot Within +The +City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-210_Dead_Or_Diseased_Trees;_Allowing_To_Remain_On_Any_Lot_Within_The_City){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-211 Same; Duty Of Owner, Occupant To Maintain Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-211_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-212 Same; +Reports](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-212_Same;_Reports){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-213 Same; Receipt Of Report, Hearing And +Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-213_Same;_Receipt_Of_Report,_Hearing_And_Notice){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-214 Same; Abatement By +City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-214_Same;_Abatement_By_City){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-215 Same; Determination And Assessment Of +Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-215_Same;_Determination_And_Assessment_Of_Costs){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-216 Same; Lien On The Property, Civil +Remedy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-216_Same;_Lien_On_The_Property,_Civil_Remedy){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Cleaning and mowing of property, 11 O.S. § +22-111.\ + +
+ +::: phx-name +[Sec 8-201 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-201_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Administrative officer* means the community development director or his +designee. + +*Owner* means the owner of record as shown by the most current tax rolls +of the county treasurer. + +*Trash* means any refuse, litter, ashes, leaves, debris, paper, +combustible materials, rubbish, offal, waste, or matter of any kind or +form which is uncared for, discarded or abandoned. + +*Weed*. + +1. The term \"weed\" includes, but is not limited to, poison ivy, + poison oak or poison sumac and all vegetation at any stage of + maturity which: + 1. Exceeds 12 inches in height, except healthy trees, shrubs or + produce for human consumption or grown in a tended and + cultivated garden, unless such trees and shrubbery by their + density or location constitute a detriment to the health, + benefit and welfare of the public and community or a hazard to + traffic or create a fire hazard to the property or otherwise + interfere with the mowing of the weeds; + 2. Regardless of height, harbors, conceals or invites deposits or + accumulation of refuse or trash; + 3. Harbors rodents or vermin; + 4. Gives off unpleasant or noxious odors; + 5. Constitutes a fire or traffic hazard; or + 6. Is dead or diseased. +2. The term \"weed\" does not include tended crops on land zoned for + agricultural use which are planted more than 150 feet from a parcel + zoned for other than agricultural use. + +(Code 1999, § 8-201; Ord. No. 453, 7-18-1988) + +
+ +::: phx-name +[Sec 8-202 Accumulation Of Trash Or Weeds; Unlawful, +Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-202_Accumulation_Of_Trash_Or_Weeds;_Unlawful,_Nuisance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful and a nuisance for any owner or occupant of any lot, + tract or parcel of land situated wholly or in part within the + corporate limits of the city to allow trash or weeds to grow, stand + or accumulate upon such premises, or along the sidewalk, street or + improved alleys adjacent to such premises. It is the duty of such + owner or occupant to cut, remove or destroy any such weeds and + remove any such trash. +2. No owner or occupant of land or lots shall: + 1. Knowingly permit the throwing or dumping upon his premises of + any refuse, rubbish or trash; or + 2. Permit such materials to remain on his premises for more than + ten days after being notified to remove them by the city or the + county health department whether or not the owner or occupant + knew of or permitted such throwing or depositing. +3. In addition to a penalty for violation of this section or section + 8-203, the city may abate as a public nuisance any condition + prohibited herein pursuant to this chapter, any other law or + ordinance, all of which shall be cumulative. + +(Code 1999, § 8-202; Ord. No. 537, 9-4-1990) + +
+ +::: phx-name +[Sec 8-203 Same; Duty Of Owner, Occupant To Maintain Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-203_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person owning, leasing, occupying or having charge of any private +property or premises shall maintain or keep any refuse, rubbish, trash +or similar material except dirt thereon; nor shall such person allow the +accumulation of any such material; nor shall any such person keep or +maintain such premises in a manner causing substantial diminution in the +value of other property in the neighborhood in which the premises are +located. No prosecution may be undertaken under this section until such +person shall have been given ten days\' notice by the city of the +condition and an order to fully abate the alleged deficiency. + +(Code 1999, § 8-203; Ord. No. 537, 9-4-1990) + +
+ +::: phx-name +[Sec 8-204 Same; Reports Of Accumulation On +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-204_Same;_Reports_Of_Accumulation_On_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any officer or employee of the city who discovers an accumulation of +trash or the growth of grass and weeds, or both these conditions, upon +any premises within the limits of the city, shall report the condition +to the administrative officer if, as a result of the accumulation or +growth, the premises appear to be: + +1. Detrimental to the health, benefit and welfare of the public and the + community; +2. A hazard to traffic; +3. A fire hazard to property; or +4. Any two or more of these conditions. + +(Code 1999, § 8-204; Ord. No. 453, 7-18-1988) + +
+ +::: phx-name +[Sec 8-205 Same; Receipt Of Report, Hearing And +Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-205_Same;_Receipt_Of_Report,_Hearing_And_Notice){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Upon determination that a nuisance or violation section 8-202 + exists, the administrative officer shall give written notice of the + finding and direct the owner or occupant to abate the condition + within ten days. However, the administrative officer may grant + additional time as deemed to be reasonable for the cutting, removal + or destruction of weeds or trash. +2. The written notice in subsection (A) of this section shall be sent + by mail to the occupant or owner of the property at the address + shown by the current year\'s tax rolls in the office of the + treasurer of the county in which the property is located. If the + property owner cannot be located, notice may be given by posting a + copy of the notice on the property or by publication as provided in + 11 O.S. § 1-102 one time not less than ten days prior to any hearing + or action by the city. At the time of mailing of notice to the owner + or occupant, the city shall obtain a receipt of mailing from the + postal service, which receipt shall indicate the date of mailing and + the name and address of the mailee. +3. If the city anticipates summary abatement as provided in section + 8-207, the notice shall contain further language as required by + state law as to possible future summary abatement action which may + be taken by the city. +4. The owner or occupant may give written consent, authorizing the city + to abate the nuisance. Such consent shall waive the right of the + owner or occupant to a hearing under subsections (E) through (G) of + this section. +5. At any time within ten days after the date of mailing, posting or + publication of the notice required in this section, the owner or + occupant may request, in writing addressed to the administrative + officer, a hearing for the purpose of contesting the determination + that a nuisance exists on the property. The administrative officer + shall conduct a hearing as soon as practicable but not earlier than + ten days after receipt of the owner\'s request for such hearing, and + not later than 15 days after such receipt. At such hearing such + owner shall have the right to be represented by counsel, to present + testimony, other evidence and arguments, and to cross examine + witnesses. All testimony shall be taken under oath. If the director, + after such hearing, shall determine that any weeds or trash + constitute a nuisance which is immediately detrimental to the health + or a fire or traffic hazard on such property, and shall determine + that the persons requesting such hearing are owners of the property + upon which such nuisance is located, he shall file in writing his + findings of fact and his order that such nuisance be abated within + ten days, and shall cause such findings and order to be served upon + such owner at the conclusion of the hearing. If the nuisance has not + been abated following fifth day, a citation will be issued to the + owner or occupant pursuant to section 8-202. +6. An appeal from a final order of the director made pursuant to the + provisions of this chapter may be had by any person aggrieved + thereby by filing with the court clerk within five days from the + date of the director\'s final order a written notice of appeal. The + court clerk shall thereupon set the matter for a hearing before the + municipal judge, and shall notify the appellant by registered mail + of the time and date when the matter will be heard. Upon the filing + of the notice of appeal, the director shall forthwith transmit to + the court clerk all records and orders pertaining thereto. +7. The municipal judge, after hearing the matter in a summary manner, + may sustain, reverse, or modify the order of the director. The + court\'s review shall be limited to a review of the finding of facts + and order of the administrative officer to determine if the + provisions of this chapter have been complied with. + +(Code 1999, § 8-205; Ord. No. 453, 7-18-1988) + +
+ +::: phx-name +[Sec 8-206 Same; Abatement By City, Selection Of +Contractors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-206_Same;_Abatement_By_City,_Selection_Of_Contractors){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. In the event that: + 1. No hearing shall have been requested as provided for in this + chapter; + 2. The administrative officer or municipal judge, after such + hearing, shall have ordered such nuisance to be abated; and + 3. Such nuisance shall not have been abated within the respective + period specified; + + the administrative officer may cause such nuisance to be abated + forthwith by directing the city\'s successful contract bidder to + cut, mow, or clear the property or abate, remove or destroy the + nuisance, in as many instances as may be necessary for continual + abatement of the nuisance, and shall cause a citation to be issued + and a complaint to be filed through the city attorney against such + owner in municipal court for the violation of this Code. +2. The administrative officer shall prepare appropriate specifications + and advertise for bids, in the manner prescribed by law, and, with + city council approval, shall award a contract for one year to the + lowest and best bidder to cut, mow or clean property. The cost of + abating such nuisance, in each and every instance where it is + abated, shall be borne by the property owner, and shall be assessed + as provided in this chapter. + +(Code 1999, § 8-206; Ord. No. 453, 7-18-1988; Ord. No. 198(97), +7-21-1997) + +
+ +::: phx-name +[Sec 8-207 Same; Summary Abatement Of Subsequent +Accumulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-207_Same;_Summary_Abatement_Of_Subsequent_Accumulations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If the city causes property within the corporate limits to be cleaned of +trash and weeds in accordance with the procedures provided for in this +chapter, any subsequent accumulations of trash or weeds on the property +within a six-month period may be declared a nuisance and may be +summarily abated without prior notice to the property owner. At the time +of such summary abatement the city clerk shall notify the property owner +of the abatement and of the costs thereof. The notice shall state that +the property owner may request a hearing within ten days from the date +of mailing the notice. The notice and hearing shall be as provided in +section 8-205. Unless otherwise determined at the hearing, the cost of +such abatement shall be determined and collected as hereinafter +provided. This section shall not apply if the records of the county +clerk show that the property was transferred after notice was given +pursuant to section 8-205. + +(Code 1999, § 8-207) + +
+ +::: phx-name +[Sec 8-208 Same; Determination And Assessment Of +Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-208_Same;_Determination_And_Assessment_Of_Costs){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Upon the completion of the work ordered to be performed under section +8-205, the administrative officer shall certify the actual and necessary +cost required to be expended in the abatement of the nuisance, together +with such administrative expense for mailing of notices and other +allowable costs, with a demand for payment of the total cost, and +forward it by mail to: + +1. The occupant or owner of the property at the address shown by the + current tax rolls in the office of the treasurer of the country in + which the property lies; or +2. To the address given by the person giving his written consent or + requesting the appeal as provided in section 8-205(b). + +(Code 1999, § 8-208; Ord. No. 453, 7-18-1988; Ord. No. 376(02), +7-15-2002) + +
+ +::: phx-name +[Sec 8-209 Same; Lien On The Property, Civil +Remedy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-209_Same;_Lien_On_The_Property,_Civil_Remedy){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If the costs of the work performed under this chapter are not paid +within 30 days from the date of mailing the notice prescribed by section +8-208, the clerk shall forward a certified statement of the amount of +the costs to the county treasurer of the county in which the property +upon which the work was done is located, in order that the amount be +levied upon the property and be collected by the county treasurer in the +manner prescribed by the law of the state. Until fully paid, the cost +and the interest thereon shall be the personal obligation of the +property owner and a lien against the property as provided by law. The +lien on the property is coequal with the lien of ad valorem taxes and +all other taxes and special assessments and prior and superior to all +other titles and liens against the property. The lien shall continue +until the cost is fully paid. At any time prior to collection as +provided in this section the city may pursue any civil remedy for +collection of the amount owing and interest thereon, including an action +in personam against the property owner and an action in rem to foreclose +its lien against the property. Upon receiving payment, in full, the +clerk shall forward to the county treasurer a notice of such payment and +directing discharge of the lien. + +(Code 1999, § 8-209; Ord. No. 453, 7-18-1988) + +
+ +::: phx-name +[Sec 8-210 Dead Or Diseased Trees; Allowing To Remain On Any Lot Within +The +City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-210_Dead_Or_Diseased_Trees;_Allowing_To_Remain_On_Any_Lot_Within_The_City){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any owner or occupant of any lot, tract or parcel of +land situated wholly or in part within the corporate limits of the city +to allow a dead or diseased tree to stand upon such premises, or along +the sidewalk, street or improved alleys adjacent to such premises. It is +the duty of such owner or occupant to remove said dead or diseased tree +which shall be cumulative. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/2/2016\ +* +::: + +
+ +::: phx-name +[Sec 8-211 Same; Duty Of Owner, Occupant To Maintain Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-211_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person owning, leasing, occupying or having charge of any private +property or premises shall maintain or allow any dead or diseased tree +thereon in the neighborhood in which the premises are located. No +prosecution may be undertaken under this section until such person shall +have been given 45 days\' notice by the city of the condition and an +order to fully abate the alleged deficiency by removal of the dead or +diseased tree. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/2/2016\ +* +::: + +
+ +::: phx-name +[Sec 8-212 Same; +Reports](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-212_Same;_Reports){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any officer or employee of the city who discovers a dead or diseased +tree upon any premises within the limits of the city shall report the +condition to the community development director or his designee. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/2/2016\ +* +::: + +
+ +::: phx-name +[Sec 8-213 Same; Receipt Of Report, Hearing And +Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-213_Same;_Receipt_Of_Report,_Hearing_And_Notice){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Upon determination that a violation of section 8-210 exists, the + administrative officer shall give written notice of the finding and + direct the owner or occupant to abate the condition by removing the + dead or diseased tree within 45 days. The administrative officer may + grant additional time as deemed to be reasonable for the cutting, + removal or destruction of the dead or diseased tree. +2. The written notice in subsection (A) of this section shall be sent + by certified mail to the occupant or owner of the property at the + address shown by the current year\'s tax rolls in the office of the + treasurer of the county in which the property is located. If the + property owner cannot be located, notice may be given by posting a + copy of the notice on the property or by publication as provided in + 11 O.S. § 1-102, one time not less than ten days prior to any + hearing or action by the city. At the time of mailing of notice to + the owner or occupant, the city shall obtain a receipt of mailing + from the postal service, which receipt shall indicated the date of + mailing and the name and address of the mailer. +3. The owner or occupant may give written consent, authorizing the city + to abate the dead or diseased tree. Such consent shall waive the + right of the owner or occupant to a hearing under subsection (D) of + this section. +4. At any time within ten days after the date of mailing, posting or + publication of the notice required in this section, the owner or + occupant may request, in writing addressed to the community + development director or his designee, a hearing for the purpose of + contesting the determination that a dead or diseased tree exists on + the property. The community development director or designee shall + conduct a hearing as soon as practicable but not earlier than five + days after receipt of the owner\'s request for such hearing, and not + later than 15 days after such receipt. At such hearing said owner + shall have the right to be represented by counsel, to present + testimony, offer evidence and arguments, and to cross examine + witnesses. If the community development director, or designee, after + such hearing shall determine that any dead or diseased tree exists + on the property, and that the persons requesting such hearing are + owners of the property upon which said dead or diseased tree is + located, the community development director, or designee, shall file + in writing their findings of fact and order that such dead or + diseased tree be removed within 45 days, and shall cause such + findings and order to be served upon such owner within ten days of + the conclusion of the hearing. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/2/2016\ +* +::: + +
+ +::: phx-name +[Sec 8-214 Same; Abatement By +City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-214_Same;_Abatement_By_City){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In the event that no hearing shall have been requested as provided for +in this chapter, or such dead or diseased tree shall not have been +abated within the respective period specified, the community development +director or designee may cause such dead or diseased tree to be abated. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/2/2016\ +* +::: + +
+ +::: phx-name +[Sec 8-215 Same; Determination And Assessment Of +Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-215_Same;_Determination_And_Assessment_Of_Costs){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Upon the completion of the work ordered to be performed under section +8-213, the community development director or designee shall certify the +actual and necessary cost required to be expended in the abatement of +the dead or diseased tree, together with such administrative expense for +mailing of notices and other allowable costs, with a demand for payment +of the total cost, and forward it by mail to: + +1. The occupant or owner of the property at the address shown by the + current tax rolls in the office of the county treasurer; or +2. To the address given by the person giving his written consent or + requesting the appeal as provided in 8-213. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/2/2016\ +* +::: + +
+ +::: phx-name +[Sec 8-216 Same; Lien On The Property, Civil +Remedy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-216_Same;_Lien_On_The_Property,_Civil_Remedy){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If the costs of the work performed under this chapter are not paid +within 30 days from the date of mailing the notice prescribed by section +8-215, the clerk shall forward a certified statement of the amount of +the costs to the county treasurer, in order that the amount be levied +upon the property and be collected by the county treasurer in the manner +prescribed by the law of the state. Until fully paid, the cost and the +interest thereon shall be the personal obligation of the property owner +and a lien against the property as provided by law. The lien on the +property is coequal with the lien of ad valorem taxes and all other +taxes and special assessments and prior and superior to all titles and +liens against the property. The lien shall continue until the cost is +fully paid. At any time prior to collection as provided in this section +the city may pursue any civil remedy for collection of the amount owing +and interest thereon, including an action in personam against the +property owner and an action in rem to foreclose its lien against the +property. Upon receiving payment, in full, the clerk shall forward to +the county treasurer a notice of such payment and directing discharge of +the lien. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/2/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 8-3 DILAPIDATED +BUILDINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-3_DILAPIDATED_BUILDINGS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-301 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-301_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-302 Report To Be +Made](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-302_Report_To_Be_Made){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-303 Condemnation Of Dilapidated Buildings, Notice, Removal, Lien, +Payment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-303_Condemnation_Of_Dilapidated_Buildings,_Notice,_Removal,_Lien,_Payment){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-304 Clearing Up Of Premises From Which Buildings Have Been +Removed](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-304_Clearing_Up_Of_Premises_From_Which_Buildings_Have_Been_Removed){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-305 Boarding And Securing Dilapidated Buildings, +Procedure](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-305_Boarding_And_Securing_Dilapidated_Buildings,_Procedure){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-306 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-306_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Authority to abate dilapidated buildings, 11 +O.S. § 22-112 et seq.\ + +
+ +::: phx-name +[Sec 8-301 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-301_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Administrative officer* means the community development director or his +designee. + +*Boarding and securing* or *boarded and secured* means the closing, +boarding or locking of any or all exterior openings so as to prevent +entry into the structure. + +*Cleaning* or *cleaned* means the removal of trash or weeds from the +premises. + +*Dilapidated building* means: + +1. A structure which through neglect or injury lacks necessary repairs + or otherwise is in a state of decay or partial ruin to such an + extent that the structure is a hazard to the health, safety, or + welfare of the general public; +2. A structure which is unfit for human occupancy due to the lack of + necessary repairs and is considered uninhabitable or is a hazard to + the health, safety, and welfare of the general public; +3. A structure which is determined by the city council or + administrative officer of the city council to be an unsecured + building, more than three times within any 12-month period; +4. A structure which has been boarded and secured as provided in 11 + O.S. § 22-112.1, for more than six(6) consecutive months; or +5. A structure declared by the city council to constitute a public + nuisance. + +*Unsecured building* means any structure which is not occupied by a +legal or equitable owner thereof, or by a lessee of a legal or equitable +owner, and into which there are one or more unsecured openings such as +broken windows, unlocked windows, broken doors, unlocked doors, holes in +exterior walls, holes in the roof, broken basement or cellar hatchways, +unlocked basement or cellar hatchways or other similar unsecured +openings which would facilitate an unauthorized entry into the +structure. + +(Prior Code, § 5-28, in part; Code 1999, § 8-301) + +**State Law reference**--- Similar provisions, 11 O.S. § 22-112. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1017.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1017.22.pdf){.k-link +target="_blank" style="color:#0000EE"} on 11/7/2022\ +* +::: + +
+ +::: phx-name +[Sec 8-302 Report To Be +Made](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-302_Report_To_Be_Made){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any officer or employee of the city who discovers or receives a report +of a dilapidated building which has become detrimental to the health, +benefit and welfare of the public and the community or creates a fire +hazard to the danger of property, shall report such conditions to the +administrative officer. + +(Prior Code, § 5-28, in part; Code 1999, § 8-302) + +
+ +::: phx-name +[Sec 8-303 Condemnation Of Dilapidated Buildings, Notice, Removal, Lien, +Payment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-303_Condemnation_Of_Dilapidated_Buildings,_Notice,_Removal,_Lien,_Payment){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The administrative officer may cause dilapidated buildings within the +city limits to be torn down and removed, in accordance with the +following procedure: + +1. At least ten days\' notice shall be given to the owner of the + property before the city takes action or holds a hearing as provided + herein. A copy of the notice shall be posted on the property to be + affected. In addition, a copy of the notice shall be sent by mail to + the property owner at the address shown by the current year\'s tax + rolls in the office of the county treasurer. Written notice shall + also be mailed to any mortgage holder as shown by the records in the + office of the county clerk to the last-known address of the + mortgagee. At the time of mailing of notice to any property owners + or mortgage holders, the city shall obtain a receipt of mailing from + the postal service, which receipt shall indicate the date of mailing + and the name and address of the mailee. However, if neither the + property owner nor mortgage holder can be located, notice may be + given by posting a copy of the notice on the property, or by + publication, as defined by 11 O.S. § 1-102. Such notice may be + published once not less than ten days prior to any hearing or action + to be taken pursuant to this section; +2. A hearing shall be held by the administrative officer to determine + whether the property is dilapidated and has thereby become + detrimental to the health, benefit and welfare of the public and the + community, or creates a fire hazard to the danger of property; +3. If the administrative officer finds that the condition of the + property constitutes a detriment or a hazard, and that the property + would be benefited by the removal of such conditions, the + administrative officer may cause the dilapidated building to be torn + down and removed, and shall fix reasonable dates for the + commencement and completion of the work. The city clerk shall + immediately file a notice of lien with the county clerk describing + the property, the findings of the administrative officer at the + hearing, and stating that the city claims a lien on the property for + the destruction and removal costs and that such costs are the + personal obligation of the property owner from and after the date of + filing of the notice; +4. The property owner shall have a right of appeal to the city council + from an order of the administrative officer, and as provided by law. + The appeal shall be filed in writing with the city clerk within ten + days after the administrative order is rendered; +5. If the work is not performed by the property owner within the dates + fixed by the administrative officer, the administrative officer + shall direct the tearing down and removal be done by one of the + following methods: + 1. By the city; + 2. On a private contract basis, in which case it shall be awarded + to the lowest and best bidder; +6. After the building has been torn down and removed, the + administrative officer shall determine the actual cost of the + dismantling and removal of dilapidated buildings, and any other + expenses as may be necessary in conjunction therewith, including the + cost of notice and mailing. The city clerk shall forward a statement + of such actual cost attributable to the dismantling and removal and + a demand for payment by mail to the property owner at the address + specified in this section. In addition, a copy of the statement + shall be mailed to any mortgage holder at the address specified in + this section. At the time of mailing of the statement of costs to + any property owners or mortgage holders, the city shall obtain a + receipt of mailing from the postal service, which receipt shall + indicate the date of mailing and the name and address of the mailee. + If the city dismantles or removes any dilapidated buildings, the + cost to the property owner shall not exceed the actual cost of the + labor, maintenance, and equipment required for the dismantling and + removal of the dilapidated buildings. If dismantling and removal of + the dilapidated buildings is done on a private contract basis, the + contract shall be awarded to the lowest and best bidder if required + to be competitively bid; +7. If payment is not made within six months from the date of the + mailing of the statement, the city clerk shall forward a certified + statement of the amount of the cost to the county treasurer of the + county in which the property is located. The city shall have a lien + on the property for such costs, together with interest thereon, and + the lien shall continue until the cost shall be fully paid as + provided by law; +8. When payment is made to the city for costs incurred, the city shall + file a release of lien or part thereof; +9. The provisions of this section shall not apply to any property zoned + and used for agricultural purposes; and +10. Nothing in this section shall prevent the city from otherwise + abating a dilapidated building as a nuisance or otherwise exercising + its police power to protect the public health, safety or welfare. + +(Prior Code, § 5-28, in part; Code 1999, § 8-303) + +
+ +::: phx-name +[Sec 8-304 Clearing Up Of Premises From Which Buildings Have Been +Removed](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-304_Clearing_Up_Of_Premises_From_Which_Buildings_Have_Been_Removed){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In all cases in which: + +1. A house or building has been removed before the taking effect of + this chapter; or +2. A house or building is torn down or demolished pursuant to order of + the state fire marshal or one of his assistants or the sheriff of + the county or the chief of the fire department as provided by state + law or as provided in this chapter; + +and in which any of the following conditions exist: + +1. The premises have not been cleaned up; +2. The premises are cleaned up, and all lumber, brick, concrete, + cement, plaster, nails, wire, and other material have not been + removed; +3. The materials have been removed but the cellar space and excavations + have not been filled; +4. A cistern or well has not been filled or safely and securely closed + and all openings to sanitary sewer have not been plugged to meet the + requirements of the city plumbing inspector and securely closed; and +5. The lots have not been leveled and left entirely free from trash or + the same is not immediately done; + +then the owners of the lots and the person, firm, or corporation who +tore down the house or building shall immediately comply with the +provisions of this chapter by having all of the things done. + +(Code 1999, § 8-304) + +
+ +::: phx-name +[Sec 8-305 Boarding And Securing Dilapidated Buildings, +Procedure](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-305_Boarding_And_Securing_Dilapidated_Buildings,_Procedure){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +After a building has been declared dilapidated as provided in this +chapter, and before the commencement of the tearing and removal of a +dilapidated building, the city may cause the building to be boarded and +secured in accordance with the following procedure. The city may +determine that a building is unsecured and order that such building be +boarded and secured in the manner provided for in this section even +though such building has not been declared by city to be dilapidated. + +1. Before the city orders such action, at least ten days\' notice that + such unsecured building is to be boarded and secured shall be given + by mail to any property owners and mortgage holders as provided in + section 8-303. At the time of mailing of notice to any property + owners or mortgage holders, the city clerk shall obtain a receipt of + mailing from the postal service, which receipt shall indicate the + date of the mailing and the name and address of the mailee. A copy + of the notice shall also be posted on the property to be affected. + However, if neither the property owner nor mortgage holder can be + located, notice may be given by posting a copy of the notice on the + property or by publication as defined in 11 O.S. § 1-102. Such + notice shall be published one time, not less than ten days prior to + any hearing or action by the city pursuant to the provisions of this + section. If the administrative officer anticipates summary abatement + of a nuisance in accordance with the provisions of this section, the + notice shall state that: any subsequent need for boarding and + securing the building within a six-month period after the initial + boarding and securing of the building pursuant to such notice may be + summarily boarded and secured by the city, that the costs of such + boarding and securing shall be assessed against the owner, and that + a lien may be imposed on the property to secure such payment, all + without further prior notice to the property owners or mortgage + holders; +2. The owner of the property may give his written consent to the city + authorizing the boarding and securing of such unsecured building and + to the payment of any costs incurred thereby. By giving the written + consent, the owner waives his right to a hearing as provided in this + section; +3. If the property owner does not give his written consent to such + actions, a hearing may be held by the administrative officer to + determine whether the boarding and securing would promote and + benefit the public health, safety or welfare. Such hearing may be + held in conjunction with a hearing on the accumulation of trash or + the growth of weeds or grass on the premises of such unsecured + building held pursuant to this Code. In making such determination, + the administrative officer shall apply the following standard: the + administrative officer may order the boarding and securing of the + unsecured building when the boarding and securing thereof would make + such building less available for transient occupation, decrease a + fire hazard created by such building, or decrease the hazard that + such building would constitute an attractive nuisance to children. + Upon making such a determination, the administrative officer may + order the boarding and securing of the unsecured building; +4. After the administrative officer orders the boarding and securing of + such unsecured building, the city clerk shall immediately file a + notice of unsecured building and lien with the county clerk + describing the property, stating the findings of the city at the + hearing at which the building was determined to be unsecured, and + stating that the city claims a lien on the property for the costs of + boarding and securing the building and that such costs are the + personal obligation of the property owner from and after the date of + filing the notice; +5. Pursuant to the order of the administrative officer, the agents of + the city are granted the right of entry on the property for the + performance of the boarding and securing of such building and for + the performance of all necessary duties as a governmental function + of the city; +6. After an unsecured building has been boarded and secured, the + administrative officer shall determine the actual costs of such + actions and any other expenses that may be necessary in conjunction + therewith, including the cost of the notice and mailing. The city + clerk shall forward a statement of the actual costs attributable to + the boarding and securing of the unsecured building and a demand for + payment of such costs by mail to any property owners and mortgage + holders as provided in section 8-303. At the time of mailing of the + statement of costs to any property owners or mortgage holders, the + city clerk shall obtain a receipt of mailing from the postal + service, which receipt shall indicate the date of mailing and the + name and address of the mailee; +7. If the city boards and secures any unsecured building, the cost to + the property owner shall not exceed the actual cost of the labor, + materials and equipment required for the performance of such + actions. If such actions are done on a private contract basis, the + contract shall be awarded to the lowest and best bidder; +8. When payment is made to the city for costs incurred, the city clerk + shall file a release of lien, but if payment attributable to the + actual costs of the boarding and securing of the unsecured building + is not made within 30 days from the date of the mailing of the + statement to the owner of the property, the city clerk shall forward + a certified statement of the amount of the costs to the county + treasurer of the county in which the property is located. The costs + shall be levied on the property and collected by the county + treasurer as are other taxes authorized by law. Until fully paid, + the costs and the interest thereon shall be the personal obligation + of the property owner from and after the date the notice of + unsecured building and lien is filed with the county clerk. The lien + shall be coequal with the lien of ad valorem taxes and all other + taxes and special assessments and shall be prior and superior to all + other titles and liens against the property, and shall continue + until the costs and interest are fully paid. At any time prior to + collection as provided herein, the city may pursue any civil remedy + for collection of the amount owing and interest thereon, including + an action in personam against the property owner and an action in + rem to foreclose its lien against the property. A mineral interest + if severed from the surface owner shall not be subject to any tax or + judgment lien created pursuant to this section. Upon receipt of + payment in full, the city clerk shall forward to the county + treasurer a notice of such payment and direct discharge of the lien; +9. An appeal may be taken from the decision of the administrative + officer to the city council if filed in writing with the city clerk + within ten days after the administrative order is rendered; +10. If the city causes a structure to be boarded and secured, in + accordance with the procedures provided for in this section, any + subsequent need for boarding and securing the property within a + six-month period may be declared a nuisance and may be summarily + abated without prior notice to the property owner. At the time of + such summary abatement, the city clerk shall notify the property + owner of the boarding and securing and of the costs thereof. The + notice shall state that the property owner may request a hearing + within ten days from the date of mailing the notice. The notice and + hearing shall be as provided in this section. Unless otherwise + determined at the hearing, the cost of such abatement shall be + determined and collected as provided in this section. This section + shall not apply if the records of the county clerk show that the + property was transferred after notice was given pursuant to this + section. + +(Code 1999, § 8-305) + +
+ +::: phx-name +[Sec 8-306 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-306_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person who shall violate any provision of this chapter, shall be +guilty of an offense against the city and, upon conviction thereof, +shall be punished as provided in section 1-108. + +(Code 1999, § 8-306) + +
+ +::: phx-name +[CHAPTER 8-4 ABANDONED, JUNK +VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-4_ABANDONED,_JUNK_VEHICLES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-401 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-401_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-402 Prohibited Acts; Nuisances Declared; +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-402_Prohibited_Acts;_Nuisances_Declared;_Exceptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-403 Permits For Reconstruction/Repair Of +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-403_Permits_For_Reconstruction/Repair_Of_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-404 Procedures For +Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-404_Procedures_For_Abatement){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-405 Presumption Of Abandoned, Junk +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-405_Presumption_Of_Abandoned,_Junk_Vehicle){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-406 Notice To Remove From Public +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-406_Notice_To_Remove_From_Public_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-407 Responsibility For Removal From Public +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-407_Responsibility_For_Removal_From_Public_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-408 Notice To Remove From Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-408_Notice_To_Remove_From_Private_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-409 +Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-409_Hearing){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-410 Removal Of Motor Vehicles From +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-410_Removal_Of_Motor_Vehicles_From_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-411 Notice Of +Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-411_Notice_Of_Removal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-412 +Appraisal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-412_Appraisal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-413 Redemption Of Impounded Vehicles Or Motor +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-413_Redemption_Of_Impounded_Vehicles_Or_Motor_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-414 Collection Of City\'s Costs Of +Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-414_Collection_Of_City's_Costs_Of_Removal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-415 Penalty; Continuing +Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-415_Penalty;_Continuing_Violations){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-416 Vehicle Parking Prohibited On Non-Paved Surfaces In Certain +Districts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-416_Vehicle_Parking_Prohibited_On_Non-Paved_Surfaces_In_Certain_Districts){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-417 Storage And Parking Of Recreational Vehicles, Trailers, +Vessels And Commercial +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-417_Storage_And_Parking_Of_Recreational_Vehicles,_Trailers,_Vessels_And_Commercial_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-418 Truck Parking Restricted In Residential +Subdivisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-418_Truck_Parking_Restricted_In_Residential_Subdivisions){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 8-401 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-401_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicate a different meaning: + +*Director* means the director of the community development department. + +*Enforcement officer* means the community development director, code +enforcement officer or any city police officer. + +*Junk vehicle* means any motor vehicle or vehicle, as defined herein, +which is wrecked, dismantled, partially dismantled, inoperative, +abandoned, operable unlicensed or discarded, but does not include motor +vehicles or vehicles for which a permit has been obtained pursuant to +this chapter for so long as the terms and conditions of the permit are +in force and obeyed. + +*Motor vehicle* means any vehicle which is self-propelled and designed +to travel along the ground or water and the term shall include, but not +be limited to, automobiles, boats, buses, motorbikes, motorcycles, +motorscooters, trucks, tractors, go-carts, and golf carts. + +*Operable condition* means immediately capable of being legally operated +on a public street. + +*Private property* means any real property within the city which is not +public property. + +*Public property* means any real property which is dedicated to the +public use which the federal or any state or municipal government, or +any political subdivision thereof, owns or leases, or exercises control +and dominion over for public purposes. + +*Vehicle* means a machine propelled by power other than human power, +designed to travel along the ground by use of wheels, treads, runners, +or slides and to transport persons or property or pull machinery and +includes, without limitation, automobiles, trucks, trailers, +motorcycles, tractors, buggys and wagons. + +*Vessel* means every device, other than a seaplane on the water, used or +capable of being used as a means of transportation on water, including, +but not limited to, personal watercraft. + +(Code 1999, § 8-401; Ord. No. 454, 7-18-1988; Ord. No. 460, 8-15-1988; +Ord. No. 360(02), 5-6-2002; Ord. No. 653(09), 8-8-2009) + +
+ +::: phx-name +[Sec 8-402 Prohibited Acts; Nuisances Declared; +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-402_Prohibited_Acts;_Nuisances_Declared;_Exceptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful and an offense for any person to park, store or + leave, or to permit the parking, storing, or leaving of, any junk + vehicle of any kind which is in an abandoned, operative unlicensed, + wrecked, dismantled, inoperative, rusted, junked, or partially + dismantled condition, whether attended or not, upon any private + property within the city for a period of time in excess of ten days. +2. The presence of any junk vehicle or any abandoned, wrecked, + dismantled, inoperative, rusted, junked or partially dismantled + vehicle or boat or parts thereof on private property is hereby + declared a public nuisance which may be abated as such in accordance + with the provisions of this chapter. +3. It shall be unlawful to paint any vehicle, motor vehicle, + automobile, or boat in any area of the city with a residential + zoning classification as designated in part 12. +4. The provisions of subsections (A) and (B) of this section shall not + apply to any vehicle or motor vehicle: + 1. Enclosed within a building on private property; + 2. Held in connection with a lawful business enterprise which is + properly operated as such business enterprise in the appropriate + zone, pursuant to the zoning provisions of this Code; + 3. In operable condition which is not a junk vehicle as defined + herein. +5. The provisions of subsection (C) of this section shall not apply to + any vehicle, motor vehicle, automobile, or boat held in connection + with a lawful business enterprise which is properly operated as such + business enterprise in the appropriate zone, pursuant to the zoning + provisions of this code. +6. It shall be unlawful for the owner of a vehicle to make extensive + auto repairs on the property of another. +7. Any tarp, cloth, canvas or other similar covering shall be allowed + to cover vehicles not meeting the definition of the term \"junk\" or + \"abandoned\" as defined herein. However, such covering shall be + kept in good condition at all times and free from significant tears + and holes. + +(Code 1999, § 8-402; Ord. No. 454, 7-18-1988; Ord. No. 460, 8-15-1988; +Ord. No. 254(99), 4-5-1999; Ord. No. 653(09), 8-8-2009) + +
+ +::: phx-name +[Sec 8-403 Permits For Reconstruction/Repair Of +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-403_Permits_For_Reconstruction/Repair_Of_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any person desiring to: + 1. Reconstruct; or + 2. Make repairs to an inoperable vehicle or motor vehicle; + + for a period in excess of ten days may, upon making application to + the city, payment of an application fee, and compliance with the + terms of a permit, make repairs to such vehicle on a cement, asphalt + or other sealed driveway or space; and keeping such vehicle in a + wholly enclosed garage or other wholly enclosed structure between + the hours of 10:00 p.m. and 7:00 a.m. the following day pursuant to + the terms of the permit. +2. The application shall state that the owner, only, of such vehicle or + motor vehicle seeks to have a permit issued, permitting such vehicle + or motor vehicle to be on private property, owned or leased by the + vehicle owner, within the city in an inoperable, unlicensed or + untagged condition for a specific period of time. All applications + shall state with specificity how the reconstruction or repairs shall + be accomplished and contain deadlines for the completion of each + stage, which shall become part of the permit. +3. No permit shall be issued unless the applicant agrees in the + application to allow the city to abate any violation of the terms of + any permit within ten days of the mailing by certified mail of a + written demand to do so. +4. Initial permits for any vehicle or motor vehicle shall be issued for + a maximum period of six months, and may be extended for periods not + to exceed six months each upon successful completion of a full + application process for each and every renewal period. +5. No permit shall be in force as to more than one person or one + residence at any time. +6. Such vehicle or motor vehicle for which a permit has been issued + shall prominently display a sticker to be provided by the city, + indicating the permit number and its date of expiration. The sticker + may be physically inspected without notice by any officer of the + city between the hours of 9:00 a.m. and 5:00 p.m., during weekdays, + and the right to inspect shall be a condition of the issuance of a + permit. +7. A permit may be revoked by the director upon reasonable notice and + opportunity for a hearing, if any of the terms of the permit are not + complied with. + +(Code 1999, § 8-403; Ord. No. 460, 8-15-1988; Ord. No. 653(09), +8-8-2009) + +
+ +::: phx-name +[Sec 8-404 Procedures For +Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-404_Procedures_For_Abatement){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions for abatement of public nuisances contained in sections +8-101 through 8-119 shall not apply to junk vehicles or to those which +are in abandoned, wrecked, dismantled, inoperative, rusted, junked, or +partially dismantled condition, whether attended or not, upon any public +property within the city for a period of time in excess of 24 hours. The +notice, hearing and abatement shall be pursuant to the procedures +described herein for public nuisance on public property. + +(Code 1999, § 8-404; Ord. No. 454, 7-18-1988) + +
+ +::: phx-name +[Sec 8-405 Presumption Of Abandoned, Junk +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-405_Presumption_Of_Abandoned,_Junk_Vehicle){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A rebuttable presumption shall exist that vehicles have been abandoned +or fall within the definition of a junk vehicle when: + +1. Weed or grass undergrowth would indicate to a reasonable person that + the vehicle has not been moved, thereby permitting such growth to + occur; +2. One or more wheels are flat or missing or the vehicle or boat + displays an expired license; +3. Portions of the vehicle which are needed for its street legal + operation or control are missing, including, but not limited to, + missing, broken, or inoperable headlights, taillights, and/or turn + signals; +4. The city has received reports from others as to the length of time + such vehicle has been standing in one place without being moved, or + that parts are being taken from or added to such vehicle, indicating + a salvage or garage operation; +5. Evidence exists that provisions of this Code pertaining to zoning or + to junk and salvage yards are being violated; + +provided, however, the owner/operator may rebut the presumption by +driving the vehicle a distance of at least 30 feet on a public street in +the presence of an enforcement officer. + +(Code 1999, § 8-405; Ord. No. 454, 7-18-1988; Ord. No. 653(09), +8-8-2009) + +
+ +::: phx-name +[Sec 8-406 Notice To Remove From Public +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-406_Notice_To_Remove_From_Public_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whenever it comes to the attention of the director or enforcement +officer that any junk vehicle, as defined herein, exists as a public +nuisance in the city, a notice in writing shall be served upon the +occupant of the land where the nuisance exists, or in the event that +there is no such occupant, then upon the owner of the property or his +agent, notifying them of the existence of the nuisance and requesting +its removal in the time specified in this chapter. A written, public +nuisance \"Notification to Remove\" shall be placed on the vehicle +advising the owner of the violation of this Code and of the 24 hours to +remove the nuisance from the public property. Concurrent with the +abatement notice placed on the vehicle or motor vehicle, the owner of +the vehicle or motor vehicle may be issued a citation. Failure to remove +the vehicle or motor vehicle shall be an offense, and shall be +punishable as provided in section 1-108. + +(Code 1999, § 8-406; Ord. No. 454, 7-18-1988; Ord. No. 653(09), +8-8-2009) + +
+ +::: phx-name +[Sec 8-407 Responsibility For Removal From Public +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-407_Responsibility_For_Removal_From_Public_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Upon proper notice and opportunity to be heard, the owner of the junk +vehicle or other abandoned, wrecked, dismantled, or inoperative vehicle +or boat on public property shall be liable for all expenses reasonably +incurred by the removal and disposition. + +(Code 1999, § 8-407; Ord. No. 454, 7-18-1988) + +
+ +::: phx-name +[Sec 8-408 Notice To Remove From Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-408_Notice_To_Remove_From_Private_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The enforcement officer shall give notice of removal to the owner or + occupant of the private property where any junk vehicle or any + abandoned, wrecked, dismantled or inoperative vehicle or boat is + located at least ten days before the time set for compliance. + Minimum standards of due process require that administrative + proceedings which may directly and adversely affect legally + protected interests be preceded by notice calculated to provide + knowledge of the exercise of adjudicative power and an opportunity + to be heard. Notice will be by certified mail addressed to the + vehicle owner and owner of the private property, if different from + the vehicle owner, return receipt requested. When certified mail is + returned unclaimed, a reasonable effort shall be made to determine + if another address for the vehicle and/or property owner may be + found before undertaking removal. +2. The notice to remove shall contain the demand for removal within ten + days, and the notice to remove shall state that, upon failure to + comply with the notice to remove, the city shall prosecute a + criminal complaint for failure to abate the nuisance or undertake + such removal with the cost to be levied against the owner of the + junk vehicle or the occupant of the property. + +(Code 1999, § 8-408; Ord. No. 454, 7-18-1988; Ord. No. 653(09), +8-8-2009) + +
+ +::: phx-name +[Sec 8-409 +Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-409_Hearing){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any person to whom any notice to remove is directed pursuant to the + provisions of this chapter or any other interested party, or any + duly authorized agent thereof, may file a written request for + hearing before the director within the ten-day compliance period, + for the purpose of contesting the city\'s demand for removal. The + director, chief of police or his designee and the city attorney or + his designee shall constitute a hearing board to hear the request. +2. The hearing shall be held as soon as practicable, but not earlier + than five days after receipt of the request, and not later than 15 + days after such receipt. Notice of the time and place of hearing + shall be directed to the person making the request. At any such + hearing the city and the person to whom notice has been directed may + introduce witnesses and evidence. +3. Persons to whom the notice to remove is directed pursuant to the + provisions of this chapter, or their duly authorized agent, may + appear in municipal court pursuant to the citation and summons. + Those convicted of failing to abate a public nuisance pursuant to + this chapter shall be assessed court costs in addition to any other + penalty assessed by the municipal court. If the public nuisance is + abated prior to the hearing date stated on the summons, and the + person issued the summons to appear in municipal court signs an + affidavit before the court clerk attesting to the abatement, the + city attorney may recommend to the municipal court that charges be + dropped. + +(Code 1999, § 8-409; Ord. No. 454, 7-18-1988) + +
+ +::: phx-name +[Sec 8-410 Removal Of Motor Vehicles From +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-410_Removal_Of_Motor_Vehicles_From_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If the violation described in the notice to remove has not been remedied +within the ten-day period of compliance, or in the event that a notice +requesting hearing is timely filed, a hearing had, and the existence of +the violation is affirmed by the director or his designee, the city +attorney shall institute and prosecute additional charges on a daily +basis, for failure to abate the nuisance, and the city shall, in the +discretion of the enforcement officer, take possession of the junk +vehicle and remove it from the premises. It shall be unlawful for any +person to interfere with or hinder anyone whom the city or the director +authorizes to enter upon private property for the purpose of removing a +vehicle under the provisions of this chapter. + +(Code 1999, § 8-410; Ord. No. 454, 7-18-1988; Ord. No. 653(09), +8-8-2009) + +
+ +::: phx-name +[Sec 8-411 Notice Of +Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-411_Notice_Of_Removal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Within 48 hours of the removal of such junk vehicle, the director or his +designee shall give notice to the registered owner of the junk vehicle, +if known, that the vehicle or motor vehicle was removed and that the +vehicle or motor vehicle has been impounded and stored for violation of +this chapter. The notice shall give the location where the vehicle is +stored and the proper procedure for redeeming the vehicle, including +cost of redemption. + +(Code 1999, § 8-411; Ord. No. 454, 7-18-1988) + +
+ +::: phx-name +[Sec 8-412 +Appraisal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-412_Appraisal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Upon removing a junk vehicle under the provisions of this chapter, the +city shall, after ten days, cause it to be appraised. If the vehicle or +boat appraises at \$75.00 or less, the director or his designee shall +execute an affidavit so attesting and describing the vehicle or motor +vehicle, including the license plates, if any, and stating the location +and appraised value of the vehicle or motor vehicle. After complying +with the above, the city may summarily dispose of the vehicle or boat +and execute a bill of sale. If the vehicle or boat is appraised at over +\$75.00, notice of public sale shall be given not less than ten days +before the date of the proposed sale. + +(Code 1999, § 8-412; Ord. No. 454, 7-18-1988) + +
+ +::: phx-name +[Sec 8-413 Redemption Of Impounded Vehicles Or Motor +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-413_Redemption_Of_Impounded_Vehicles_Or_Motor_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The owner of any vehicle or motor vehicle impounded under the provisions +of this chapter may redeem such vehicle or motor vehicle at any time +after its removal, but prior to the sale or destruction thereof, upon +proof of ownership and payment to the city clerk of such sum as may be +determined by the director and fixed as the actual and reasonable +expense of removal, plus storage. + +(Code 1999, § 8-413; Ord. No. 454, 7-18-1988) + +
+ +::: phx-name +[Sec 8-414 Collection Of City\'s Costs Of +Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-414_Collection_Of_City's_Costs_Of_Removal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Upon the failure of the owner or occupant of property on which junk + vehicles have been removed by the city to pay the unrecovered + expense incurred by the city in such removal, the amount of the + unrecovered cost may be added to the municipal utility bills + directed to the occupants of the private property from which the + junk vehicle was removed, and may be recovered in the same manner of + such utility bills. +2. If the private property is not served by the municipal utilities, or + if collection efforts are not successful, the costs may be certified + by the city clerk to the county clerk, who shall add the same to the + ad valorem taxes assessed against the property, until paid, and + shall be collected in the same manner as ad valorem taxes against + the property; and when collected shall be paid to the city. + +(Code 1999, § 8-414; Ord. No. 454, 7-18-1988) + +
+ +::: phx-name +[Sec 8-415 Penalty; Continuing +Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-415_Penalty;_Continuing_Violations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In addition to the procedures for removal of vehicles, any person who +shall violate any of the provisions hereof shall, upon conviction, be +deemed guilty of an offense against the city. Each act in violation of +any of the provisions hereof shall constitute a separate offense and may +be chargeable as such. Each day\'s continued violation of any of the +provisions hereof shall constitute a separate offense and may be +punishable as such as provided in section 1-108. + +(Code 1999, § 8-415; Ord. No. 454, 7-18-1988) + +
+ +::: phx-name +[Sec 8-416 Vehicle Parking Prohibited On Non-Paved Surfaces In Certain +Districts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-416_Vehicle_Parking_Prohibited_On_Non-Paved_Surfaces_In_Certain_Districts){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. In the following zoning classifications, Single-Family R-1, + Two-Family Dwelling R-2, General Residential R-3, Multiple Family + Dwelling R-4, and Mobile Home Dwelling R-5, vehicles shall be parked + in the following manner: + 1. Vehicles shall be parked on a permanent hard surfaced (paved) + driveway or parking area meeting the requirements of this + section; + 2. A parking area shall be of a pad or slab type design at least + equal to the length and width of the vehicle with no ground + exposed underneath the vehicle. +2. Whenever any vehicle without a driver is found parked or stopped in + violation of any of the restrictions imposed by this section, the + code enforcement officer or police officer finding the vehicle shall + take its registration number and may take any other information + displayed on the vehicle which may identify its owner, and shall + conspicuously affix to the vehicle a citation in written form, + provided by the city, for the owner of the vehicle to answer to the + charge against him within ten days at the time and place specified + in the citation. The issuing officer shall deliver a copy to the + municipal court clerk. Any owner found in violation of this section + shall be punished according to section 1-108. Nothing in this + section shall prevent the code enforcement officer or police officer + from issuing a warning to the vehicle owner that they are in + violation of this section. +3. In any prosecution charging a violation of this section, proof that + the vehicle described in the citation was parked in violation of + this section, together with proof that the defendant named in the + citation was, at the time the citation was issued, the registered + owner of the vehicle, shall constitute in evidence a prima facie + presumption that the registered owner of the vehicle was the person + who parked or placed the vehicle at the point where, and for the + time during which, the violation occurred. + +(Code 1999, § 8-416; Ord. No. 117(95), 3-20-1995; Ord. No. 141(95), +1-2-1996; Ord. No. 359(02), 5-6-2002) + +
+ +::: phx-name +[Sec 8-417 Storage And Parking Of Recreational Vehicles, Trailers, +Vessels And Commercial +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-417_Storage_And_Parking_Of_Recreational_Vehicles,_Trailers,_Vessels_And_Commercial_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Commercial vehicles, trailers of all types, including camping and + hauling, mobile homes, recreational vehicles and vessels shall not + be parked or stored on any lot occupied by a dwelling or on any lot + in any residential district except in accordance with the following + provisions: + 1. Not more than one commercial vehicle, which does not exceed 1½ + tons rated capacity, per family living on the premises, shall be + permitted, and in no case shall a commercial vehicle used for + hauling explosives, gasoline or liquefied petroleum products be + permitted; + 2. Not more than one camping or travel trailer or hauling trailer, + recreational vehicle or vessel per family living on the premises + shall be permitted which shall not be parked on or in the public + utility, street or highway. The term \"street\" or \"highway\" + means all streets, highways, avenues, boulevards, parkways, + roads, lanes, viaducts, bridges and the approaches thereto, + alleys, courts, places, squares, curbs, sidewalks, recreations + or parklands used for vehicular traffic, or other parkways or + thoroughfares in the city over which it has jurisdiction, which + have been or may hereafter be dedicated and open to public use, + or such other public property so designated in any law of the + state, provided that the trailer, recreational vehicle or vessel + shall not be parked or stored for more than 48 hours unless it + is located behind the front yard building line. Vehicles + commonly known as recreational vehicles shall be parked on a + sealed surface complying with section 8-416. In the event it is + impossible to park the trailer, recreation vehicle or vessel + behind the front building, the trailer, recreational vehicle or + vessel may be parked in front of the front building line so long + as the trailer, recreational vehicle, or vessel does not create + a traffic hazard and the trailer, recreational vehicle or vessel + is parked on a sealed surface complying with section 8-416. A + camping trailer or recreational vehicle shall not be occupied + either temporarily or permanently while it is parked or stored + in any area within the incorporated limits except in a mobile + home park authorized under the ordinance of the city; + 3. A mobile home shall be parked or stored only in a mobile home + park which is in the conformity with the ordinances of the city; + and + 4. A travel trailer or manufactured home may be parked and used, + with hookup of all utilities, for the office and living quarters + only of a security officer or guard on the premises on which the + manufactured home is parked and used, provided that the security + officer or guard is C.L.E.E.T. certified. An occupancy permit + shall be obtained from the community development department + prior to occupancy of any trailer or manufactured home for + security purposes. + +(Prior Code, app. B, § 16-92; Code 1999, § 8-417; Ord. No. 61(93), +9-20-1993; Ord. No. 296(00), 11-20-2000; Ord. No. 361(02), 5-6-2002; +Ord. No. 476(04), 9-7-2004) + +
+ +::: phx-name +[Sec 8-418 Truck Parking Restricted In Residential +Subdivisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-418_Truck_Parking_Restricted_In_Residential_Subdivisions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following words, terms and phrases, when used in this section, + shall have the meanings ascribed to them in this subsection, except + where the context clearly indicates a different meaning:\ + *Bus* means any vehicle designed for carrying more than 18 + passengers and used for the transportation of persons; and every + motor vehicle, other than a taxicab, designed and used for the + transportation of persons for compensation excluding school buses + owned and operated by public or private schools or school districts + and church buses from 6:00 a.m. to 6:00 p.m.\ + *Pole trailer* means every vehicle without motive power designed to + be drawn by another vehicle and attached to the towing vehicle by + means of a reach or pole, or by being boomed or otherwise secured to + the towing vehicle, and ordinarily used for transporting long or + irregular shaped loads such as poles, pipes, or structural members + capable, generally, of sustaining themselves as beams between the + supporting connections.\ + *Tank vehicle* means any commercial motor vehicle designed to + transport any liquid or gaseous materials within a tank that is + either permanently or temporarily attached to the vehicle or the + chassis. Such vehicles include, but are not limited to, cargo tanks + and portable tanks as defined by 49 CFR 171; provided, however, the + term \"tank vehicle\" shall not include a portable tank having rated + capacity of under 1,000 gallons.\ + *Truck* means any truck above 1 1/2 tons rated capacity or + truck-tractor with or without a semi-trailer or pole trailer + attached or any other combination of vehicles. +2. It is unlawful for any truck, bus, semi-trailer, pole trailer, or + tank vehicle to be parked or stored on public or private property + within an area zoned for residential used or other zoning districts + within 300 feet of residential subdivisions except for purposes of + loading and unloading. +3. The following trucks or buses are exempt from the 300-foot + restriction subsection (B) of this section: + 1. Those used in business lawfully established within commercial or + industrial zoning districts; + 2. Those used for farming by the owner or occupant in agricultural + zoning districts; or + 3. Buses operated by schools and churches within residential zones. + +(Code 1999, § 8-418; Ord. No. 507, 2-8-1990; Ord. No. 150(96), 4-1-1996; +Ord. No. 362(02), 5-6-2002) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[982(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1631905498_ordinance%20982.21.pdf){.k-link +target="_blank" style="color:#0000EE"} 08/02/2021 on 8/2/2021\ +* +::: + +
+ +::: phx-name +[CHAPTER 8-5 LITTER AND +TRASH](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-5_LITTER_AND_TRASH){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-501 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-501_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-502 Prohibited +Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-502_Prohibited_Generally){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-503 Littering And Spilling From Vehicles +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-503_Littering_And_Spilling_From_Vehicles_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-504 Refuse, Rubbish And +Trash](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-504_Refuse,_Rubbish_And_Trash){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-505 Deposits Of Dirt Or Rubbish On Public Property And +Roadways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-505_Deposits_Of_Dirt_Or_Rubbish_On_Public_Property_And_Roadways){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-506 Businesses To Provide Facilities For Disposal Of +Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-506_Businesses_To_Provide_Facilities_For_Disposal_Of_Materials){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-507 Removal Of Spilled +Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-507_Removal_Of_Spilled_Materials){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-508 Prohibited Hauling Or Depositing Refuse, Rubbish Or +Trash](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-508_Prohibited_Hauling_Or_Depositing_Refuse,_Rubbish_Or_Trash){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-509 Unlawful Hauling, Dumping, +Presumptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-509_Unlawful_Hauling,_Dumping,_Presumptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-510 Allowing Refuse, Rubbish, Trash Or Litter To Be Deposited Or +To Remain On +Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-510_Allowing_Refuse,_Rubbish,_Trash_Or_Litter_To_Be_Deposited_Or_To_Remain_On_Premises){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-511 Duty Of Maintenance Of Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-511_Duty_Of_Maintenance_Of_Private_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-512 Disposal Of Vehicle Or Mechanical Devices +Regulated](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-512_Disposal_Of_Vehicle_Or_Mechanical_Devices_Regulated){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-513 Offenses And +Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-513_Offenses_And_Abatement){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 8-501 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-501_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Litter* means trash, refuse, rubbish and all like material. + +*Refuse* means all putrescible and nonputrescible solid wastes, +including ashes, dead animals, solid market and industrial wastes and +all like material. + +*Roadway* means any avenue, street, road, alley or other public way +within the city. + +*Rubbish* means nonputrescible solid wastes consisting of both +combustible and noncombustible wastes, in solid or semisolid form, +including, but not limited to, dirt, ashes or incinerator residue, +street wastes, demolition wastes, industrial wastes, tin cans, wood, +leaves, glass, pieces of iron and other metals and like similar +material. + +*Trash* means any refuse, litter, debris, paper, combustible materials, +rubbish, offal, waste or matter of any kind of form which is uncared +for, discarded or abandoned. + +*Vehicle* means every device in, upon, or by which any person or +property is or may be transported or drawn. + +(Code 1999, § 8-501; Ord. No. 452, 8-1-1988) + +
+ +::: phx-name +[Sec 8-502 Prohibited +Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-502_Prohibited_Generally){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall throw, place, leave, drop, put or otherwise abandon +litter upon any public property, private property or roadway except as +otherwise specifically permitted in this Code. + +(Code 1999, § 8-502; Ord. No. 452, 8-1-1988) + +
+ +::: phx-name +[Sec 8-503 Littering And Spilling From Vehicles +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-503_Littering_And_Spilling_From_Vehicles_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No driver or operator of a vehicle shall commit, or permit to be + committed, from the operator\'s vehicle any of the acts prohibited + in section 8-502. +2. No vehicle shall be driven or moved on any roadway unless such + vehicle is so constructed or loaded as to prevent any of its load + from escaping from the vehicle by dropping, shifting, leaking, + blowing or otherwise, except that salt or sand may be dropped for + the purpose of securing traction, or water or other substances may + be used on a roadway in cleaning or maintaining such roadway. +3. No person shall operate on any roadway any vehicle with any load + unless the load and any covering thereon is securely fastened so as + to prevent the covering or load from becoming loose, detached or in + any manner a hazard to other users of the roadway or others. +4. No person shall operate on any roadway any vehicle loaded with sand, + cinders, dirt, gravel or other loose material susceptible to blowing + or escaping unless such load is covered or dampened so as to prevent + the blowing or escaping of the load from the vehicle. +5. No person shall operate, or cause to be operated, a vehicle, any + part of which is covered or laden with dirt, mud, gravel, sand, clay + or other material from any construction, excavation, parking or + other site, in such a manner or condition that the material will + become tracked or shall fall upon the roadway; provided, however, + that the provisions of this subsection shall not apply to persons + who must enter upon improved or paved roadways from unimproved or + non-paved roadways or residential driveways. + +(Code 1999, § 8-503; Ord. No. 452, 8-1-1988) + +
+ +::: phx-name +[Sec 8-504 Refuse, Rubbish And +Trash](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-504_Refuse,_Rubbish_And_Trash){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall place or cause to be placed in or upon any public + ground or easement any refuse, rubbish or trash unless it is in + suitable receptacles to be disposed of in a regular and proper + manner pursuant to city ordinances. +2. No person doing work or making excavations shall place or cause to + be placed any dirt, refuse, or rubbish therefrom onto any roadway or + sidewalk. +3. No person shall sweep, throw, or abandon in any manner or cause to + be swept, thrown, or abandoned into or upon any lot or piece of + ground, whether the lot or ground shall belong to himself or + another, any trash of any kind whatever, which can be, or is likely + to be, blown by the wind along the city\'s roadways or sidewalks. + +(Code 1999, § 8-504; Ord. No. 452, 8-1-1988) + +
+ +::: phx-name +[Sec 8-505 Deposits Of Dirt Or Rubbish On Public Property And +Roadways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-505_Deposits_Of_Dirt_Or_Rubbish_On_Public_Property_And_Roadways){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No owner, occupant or agent of any land abutting upon any public +property shall allow dirt, earth or any rubbish from the land to fall, +or wash, upon any part of the public property. + +(Code 1999, § 8-505; Ord. No. 452, 8-1-1988) + +
+ +::: phx-name +[Sec 8-506 Businesses To Provide Facilities For Disposal Of +Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-506_Businesses_To_Provide_Facilities_For_Disposal_Of_Materials){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Each person who owns, manages, leases, or operates any business +establishment within the city which delivers, sells or provides products +to customers for consumption or use on or off the premises shall provide +suitable containers, adequate in number and location, for the disposal +of any product or their wrappings, or parts thereof, abandoned, dropped, +left, put or placed on the premises; and shall maintain the outside +premises of the business establishment free from such product, wrappings +or parts thereof or other discarded items associated with the conduct of +the business. + +(Code 1999, § 8-506; Ord. No. 452, 8-1-1988) + +
+ +::: phx-name +[Sec 8-507 Removal Of Spilled +Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-507_Removal_Of_Spilled_Materials){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All litter, refuse, rubbish or dirt deposited or spilled from a + vehicle on any public property or roadway shall be immediately + removed by either the driver or other person in charge of the + vehicle. The person by whom such driver or other person is employed + shall be likewise responsible for removal. The failure to + immediately remove all of the material or earth so deposited or + spilled shall render both the driver or other person in charge and + the person by whom they are employed subject to punishment as + provided herein. +2. Each day that such material or dirt so wasted or spilled remains on + the public property shall constitute a separate and distinct + offense. + +(Code 1999, § 8-507; Ord. No. 452, 8-1-1988) + +
+ +::: phx-name +[Sec 8-508 Prohibited Hauling Or Depositing Refuse, Rubbish Or +Trash](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-508_Prohibited_Hauling_Or_Depositing_Refuse,_Rubbish_Or_Trash){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall, without first securing a written permit from the city +or the county health department, dump or deposit any rubbish, refuse or +trash, or similar material, on any public or private property or haul or +carry and dump or deposit any such materials within the city\'s limits +for the purpose either of filling low ground or disposing of the +materials. Nothing in this section shall prohibit the otherwise lawful +hauling and dumping of dirt, sand, rock and gravel for landfill +purposes. + +(Code 1999, § 8-508; Ord. No. 452, 8-1-1988) + +
+ +::: phx-name +[Sec 8-509 Unlawful Hauling, Dumping, +Presumptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-509_Unlawful_Hauling,_Dumping,_Presumptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. There is a prima facie presumption that the registered owner of a + vehicle committed a violation. In any prosecution charging a + violation of section 8-508, proof that the particular vehicle + described in the complaint was used for the purpose of unlawfully + hauling or dumping of rubbish, refuse or trash as prohibited + therein, together with proof that the individual named in the + complaint was at the time of the violation the registered owner of + the vehicle, shall constitute in evidence a prima facie presumption + that the registered owner of the vehicle was the person who + committed the violation. +2. There is a prima facie presumption that a person whose address + appears on three or more items of unlawfully disposed of refuse + matter committed violation. In any prosecution charging a violation + of section 8-508, proof that unlawfully disposed of refuse matter as + described therein which contains three or more items bearing a + common address in a form which tends to identify the latest owner of + the items shall be a prima facie presumption that all competent + persons residing at such address committed the unlawful act of + disposal, provided that one of the items of solid waste bears a date + subsequent to August 1, 1988. +3. Any person found to be in violation of section 8-508 shall be + punished as provided in section 1-108. Notwithstanding the penalty + provided for in this section, the municipal court may also require + the person to remove the rubbish, refuse or trash or similar + material. Failure to comply with the court\'s order as directed + shall be deemed a separate offense and, upon conviction, the person + shall be punished as provided in section 1-108 for each day the + rubbish, refuse or trash remains past the date established by the + municipal court for its removal. + +(Code 1999, § 8-509; Ord. No. 452, 8-1-1988; Ord. No. 229(98), 4-6-1998) + +
+ +::: phx-name +[Sec 8-510 Allowing Refuse, Rubbish, Trash Or Litter To Be Deposited Or +To Remain On +Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-510_Allowing_Refuse,_Rubbish,_Trash_Or_Litter_To_Be_Deposited_Or_To_Remain_On_Premises){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No owner or occupant of lands or lots shall knowingly permit the +throwing or dumping upon his premises of any litter, or permit such +materials to remain on his premises for more than ten days after being +notified to remove them by the city or county health department, whether +or not the owner or occupant shall have known of or permitted the +throwing or depositing. + +(Code 1999, § 8-510; Ord. No. 452, 8-1-1988; Ord. No. 537, 9-4-1990) + +
+ +::: phx-name +[Sec 8-511 Duty Of Maintenance Of Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-511_Duty_Of_Maintenance_Of_Private_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person owning, leasing, occupying or having charge of any private +property or premises shall maintain or keep any litter or similar +material, except dirt, thereon; nor shall such person allow the +accumulation of the material, notwithstanding such person did not permit +the accumulation; nor shall any such person keep or maintain such +premises in a manner causing substantial diminution in the value of the +other property in the neighborhood in which premises are located. No +prosecution may be undertaken under this section until such person shall +have been given ten days\' notice by the city to abate fully any alleged +deficiency. + +(Code 1999, § 8-511; Ord. No. 452, 8-1-1988; Ord. No. 537, 9-4-1990) + +
+ +::: phx-name +[Sec 8-512 Disposal Of Vehicle Or Mechanical Devices +Regulated](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-512_Disposal_Of_Vehicle_Or_Mechanical_Devices_Regulated){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall discharge or dispose of any crank case, radiator, or +transmission drainings, from any vehicle or other mechanical device, +into the sanitary sewer system, storm drainage system, or upon any +public or private property or roadway. + +(Code 1999, § 8-512; Ord. No. 25(92), 5-4-1992) + +
+ +::: phx-name +[Sec 8-513 Offenses And +Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-513_Offenses_And_Abatement){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Violation of any of the provisions of this chapter shall be an + offense, and any person violating such provisions shall be deemed + guilty of an offense and, upon conviction, shall be punished as + provided in section 1-108. +2. Upon ten days\' written notice, served upon a person to be charged, + the city may abate as a public nuisance any condition prohibited + under this chapter pursuant to any other provision of this Code or + state law, which shall be cumulative. + +(Code 1999, § 8-513; Ord. No. 452, 8-1-1988; Ord. No. 25(92), 5-4-1992) + +
+ +::: phx-name +[CHAPTER 8-6 FOOD AND MILK +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-6_FOOD_AND_MILK_REGULATIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 8-6A FOOD SERVICE +SANITATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6A_FOOD_SERVICE_SANITATION){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 8-6B MILK AND MILK +PRODUCTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6B_MILK_AND_MILK_PRODUCTS){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 8-6A FOOD SERVICE +SANITATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6A_FOOD_SERVICE_SANITATION){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-601 Regulations +Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-601_Regulations_Adopted){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-602 Food Service Licenses +Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-602_Food_Service_Licenses_Generally){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-603 Temporary, Seasonal And Mobile Food Vendor +Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-603_Temporary,_Seasonal_And_Mobile_Food_Vendor_Licenses){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-604 Food Handler\'s +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-604_Food_Handler's_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-605 Sale Of Uncooked, Unprepared Foods From Vehicles +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-605_Sale_Of_Uncooked,_Unprepared_Foods_From_Vehicles_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-606 Outside +Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-606_Outside_Sales){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-607 Sale +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-607_Sale_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-608 Not To Maintain Adulterated Or Misbranded +Food](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-608_Not_To_Maintain_Adulterated_Or_Misbranded_Food){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-609 Compounds, Imitations Or Blends To Be Labeled As +Such](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-609_Compounds,_Imitations_Or_Blends_To_Be_Labeled_As_Such){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-610 Examination Of +Food](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-610_Examination_Of_Food){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-611 Sample To Be +Provided](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-611_Sample_To_Be_Provided){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-612 Poisonous +Preservatives](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-612_Poisonous_Preservatives){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-613 Sleeping Areas Of +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-613_Sleeping_Areas_Of_Employees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-614 +Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-614_Inspection){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-615 Destruction +Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-615_Destruction_Authorized){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-616 Places Where Food Is Sold Or +Served](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-616_Places_Where_Food_Is_Sold_Or_Served){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-617 Acts Of Agents Deemed Act Of +Principal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-617_Acts_Of_Agents_Deemed_Act_Of_Principal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-618 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-618_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Requirements of food establishments, 63 O.S. +§ 1-1101 et seq.\ + +
+ +::: phx-name +[Sec 8-601 Regulations +Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-601_Regulations_Adopted){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The latest edition of the \"Oklahoma State Department of Health Rules +and Regulations pertaining to Food Establishments\" is hereby adopted +and incorporated by reference in this Code. At least one copy of the +rules and regulations shall be on file in the office of the city clerk. +The rules and regulations shall govern except in case of conflict with +the provisions of this article, in which case the more restrictive terms +shall prevail. + +(Prior Code, §§ 12-36, 12-56 et seq.; Code 1999, § 8-601) + +
+ +::: phx-name +[Sec 8-602 Food Service Licenses +Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-602_Food_Service_Licenses_Generally){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall operate a food service establishment that does not have +a valid annual or mobile license issued to it. Only an establishment +which complies with the requirements of this Code shall be entitled to +receive or retain such a license. Licenses are not transferable. A valid +license shall be posted in every food service establishment. + +(Prior Code, §§ 12-37, 12-39; Code 1999, § 8-602) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[796(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326237_Ordinance%20No.%20796%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/3/2015\ +* +::: + +
+ +::: phx-name +[Sec 8-603 Temporary, Seasonal And Mobile Food Vendor +Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-603_Temporary,_Seasonal_And_Mobile_Food_Vendor_Licenses){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A temporary and seasonal food and beverage vendor is a person, + partnership, corporation or other form of business entity which + offers for sale to the general public, either for consumption on or + off any premises, food or beverage in a context normally associated + with, or constituting, food booths, carnivals, circuses, community + festivals, snow cone stands, and barbecue stands during the months + of May through September, or during other specified times as + approved by the community development director. +2. *Zoning and building regulations*. + 1. No temporary and seasonal food beverage vendor shall operate or + conduct sales in the city, unless licensed in compliance with + the zoning regulations, part 12 of the Moore City Code including + uses allowed within specified zoning districts, setback + requirements and adequate parking facilities. + 2. All water and sewer service shall be provided by permanent + connections to city municipal water and sewer service and meet + all requirements of the adopted plumbing codes and utility + connection requirements. + 3. Permanent electrical service shall be provided and shall meet + adopted electrical codes. + 4. Structures with permanent utility connections shall be secured + on an approved foundation with approved anchoring/tie down + methods. + 5. Restroom facilities shall be required on-site. A written + agreement with a business operating on the same site allowing + use of an existing restroom during all business hours may be + submitted for community development director review and + approval. + 6. Occupancy permit application and approval is required and shall + be approved by the building official, fire marshal and community + development director. +3. Approval from the county health department shall be required and + proof of which shall be presented to the city. All temporary and + seasonal food and beverage vendors shall be open to the inspection + by state, county and city officials during the normal business hours + of the vendor\'s operations. +4. A mobile temporary food service license shall be for facilities that + are vehicle-mounted and readily moveable. A person desiring to + operate a mobile food service establishment may apply for either a + one day, 30-day or 180-day mobile temporary food vendor license at + least 24 hours prior to any sales at said establishment. This + temporary license shall be issued by the city clerk following + approval of the application by the county health authority and city + clerk. The temporary license may be renewed for an additional 180 + days following approval by the county health authority and city + clerk. +5. *Application process*. + 1. Applicants for a permit under this section must file with the + city clerk a (verified) sworn application in writing on a form + to be furnished by the city clerk, which shall give the + following information: + 1. Name and description of applicant. + 2. Address. + 3. Brief description of business, goods to be sold, and + location desired. + 4. Time period for which the applicant wishes to do business. + 5. License number and description of vehicle to be used, if + any. + 6. Verification that applicant is bonded as group II vendor by + the state tax commission or other proof that sales tax has + been or is being paid on the merchandise sold or to be sold, + if applicable. + 7. Proof that a county health permit and inspection has been + obtained. + 8. At time of filing, the fee as provided in the fee schedule + shall be paid to the city clerk. + 9. Each applicant, if the applicant does not operate a fixed, + permanent restaurant within the city, shall file with the + application a certificate of insurance from the appropriate + insurer that the applicant has general liability and + vehicular insurance in the amount required by the state. + 10. Detailed map of location to where the vehicle will be + placed. + 2. The city clerk shall review the application to ensure: + 1. The applicant is aware of his responsibility to collect and + pay sales tax and that the applicant is properly registered + with the state tax commission. If the applicant is not + properly registered with the state tax commission, the + permit will not be issued. + 2. That a valid county health permit and inspection is + obtained. + 3. Within seven days after receipt of the application, the city + clerk shall either approve or disapprove of the application. + 1. If the application is approved, the clerk shall issue the + permit within three days after the approval. + 2. If the application is not approved, the city clerk must + state with specificity the reasons for non-approval and the + city clerk shall notify the applicant within three days + after non-approval. A notice sent to the proper mailing + address shown on the application shall be adequate + notification to the applicant. +6. *Conditions of permit issuance*. + 1. All mobile temporary food vendors must have the permission of + the property owner prior to operating on the subject property. + City staff will approve the location and placement of the + vehicle at city events. + 2. No mobile temporary food vendor may stop for longer than 12 + hours at a single location or address in a 24-hour period. A + single location or address shall include a single parking lot + shared by multiple businesses. This subsection shall not apply + to food sales at events that are not open to general public or + are sponsored, catered, or hosted by a business group. + 3. Mobile temporary food vendors may not sell food on public + rights-of-way except for a brief stop for point of sale. For + purposes of this subsection, the term \"public right-of-way\" + means any street or highway and property adjacent to streets and + highways which is dedicated to public use and over which the + federal, state or municipal government, or any agency, + department or subdivision thereof, exercises control and + dominion; or any bridge alley, sidewalk, pedestrian way, stairs + or elevator which is dedicated to public use and over which the + federal, state or municipal government, or any agency, + department, or subdivision thereof, exercises control and + dominion. + 4. Except for sales associated with an approved city event or with + written city approval, no such sales shall be conducted at or + within 75 feet of any city-owned parks. + 5. *Permit issuance*. + 1. Permits shall be issued by the city clerk. + 2. A permit must be issued not less than 24 hours prior to any + actual selling activity by the applicant. + 3. The permit shall be prominently displayed at the + applicant\'s selling location. + 6. *Permit fees*. The application fee to be paid to the city clerk + upon submission of the application for a temporary food license + shall be established by the fee schedule of the city. +7. The code enforcement division of the city shall enforce the + provisions of this section and may initiate any proper proceedings + to enforce compliance herewith. +8. Violations of this section shall be misdemeanors, and any person, + partnership, corporation or other form of business entity, which + violates any of the provisions of this section, shall be deemed + guilty of a misdemeanor and, upon conviction, shall be punished as + provided in section 1-108. Each day\'s offense shall be deemed a + separate offense. +9. No temporary and seasonal food and beverage vendor shall operate or + conduct sales in the city, unless licensed in compliance with + section 8-602. + +(Code 1999, § 8-603; Ord. No. 445, 4-4-1988; Ord. No. 358(02), 5-6-2002) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[797(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326420_Ordinance%20No.%20797%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/3/2015\ +Amended by Ord. +[918(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288042_Ordinance%20918(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-604 Food Handler\'s +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-604_Food_Handler's_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful for any person who operates a food service + establishment or any place selling open and prepared foods in the + city to hire, or permit to be hired, or permit to work gratis, any + person who does not possess a current and unrevoked permit approved + by the health officer. +2. It is unlawful for any person to work in any food service + establishment or any place selling open and prepared foods in the + city who does not have in his possession a current and unrevoked + permit approved by the county. + +(Prior Code, §§ 12-46---12-49; Code 1999, § 8-604) + +
+ +::: phx-name +[Sec 8-605 Sale Of Uncooked, Unprepared Foods From Vehicles +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-605_Sale_Of_Uncooked,_Unprepared_Foods_From_Vehicles_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to sell for retail or offer to sell at +retail any uncooked or unprepared meat, poultry or fish from any truck, +wagon, trailer or any other portable motor vehicle within the corporate +limits of the city. + +(Prior Code, § 12-41; Code 1999, § 8-605) + +
+ +::: phx-name +[Sec 8-606 Outside +Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-606_Outside_Sales){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Food service establishments holding valid licenses may have outside +sales on their premises if all conditions of the food code, zoning +ordinances and fire code are met. + +(Prior Code, 12-38; Code 1999, § 8-606) + +
+ +::: phx-name +[Sec 8-607 Sale +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-607_Sale_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall sell, expose or offer for sale in any public market, or +at any place within the limits of the city, any unsound, diseased, +stale, rotten, fermented, nauseous or unwholesome meat, poultry, fish, +vegetables, fruits or other articles of food or provisions, or any +unwholesome bread, cake or pastry, manufactured in whole or in part from +unwholesome flour or meal. + +(Prior Code, § 12-57; Code 1999, § 8-607) + +
+ +::: phx-name +[Sec 8-608 Not To Maintain Adulterated Or Misbranded +Food](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-608_Not_To_Maintain_Adulterated_Or_Misbranded_Food){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to maintain within the city any article of +food or confectionery which is adulterated or misbranded within the +meaning of this article and any person who shall violate any of the +provisions of this section shall be guilty of an offense. + +(Prior Code, § 12-58; Code 1999, § 8-608) + +
+ +::: phx-name +[Sec 8-609 Compounds, Imitations Or Blends To Be Labeled As +Such](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-609_Compounds,_Imitations_Or_Blends_To_Be_Labeled_As_Such){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All articles shall be labeled, branded or tagged so as to plainly +indicate that they are compounds, imitations or blends, and the word +\"compound,\" \"imitation,\" or \"blend,\" as the case may be, is +plainly stated on the package in which it is offered for sale, provided +that nothing in this article shall be construed as requiring or +compelling proprietors or manufacturers of proprietary foods which +contain no unwholesome added ingredients to disclose their trade +formulas, except insofar as the provisions of this article may require +to secure freedom from adulteration or misbranding. + +(Prior Code, § 12-59; Code 1999, § 8-609) + +
+ +::: phx-name +[Sec 8-610 Examination Of +Food](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-610_Examination_Of_Food){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The examination of specimens of food or confectionery shall be made by +the health officer or under his direction. If it shall appear from such +examination of any of such specimens that they are adulterated or +misbranded within the meaning of this article, the health officer shall +cause a complaint to be sworn out and may embargo the food or +confectionery until released by the health officer. + +(Prior Code, § 12-60; Code 1999, § 8-610) + +
+ +::: phx-name +[Sec 8-611 Sample To Be +Provided](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-611_Sample_To_Be_Provided){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whosoever offers, exposes or has in his possession for sale to dealers +or consumers in the city any food shall, upon application of the health +officer or his assistant or agent, upon tender of the value thereof, +furnish a sample sufficient for the analysis of such of food. Whosoever +is convicted of a refusal to sell or give such sample as provided herein +shall be subject to punishment a provided in section 1-108. + +(Prior Code, § 12-62; Code 1999, § 8-611) + +
+ +::: phx-name +[Sec 8-612 Poisonous +Preservatives](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-612_Poisonous_Preservatives){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any meat, fish or other food which shall be treated with or shall +contain any of the salts of sulphurous acid or other poisonous +preservation or coloring matter are hereby declared to be unwholesome, +and any person who shall sell or offer to sell, serve or deliver or +cause the same to be done, any meats, fish or any other kind of food in +any form having therein and containing any of the salts of sulphurous +acid or other poisonous preservative or coloring matter, shall be deemed +guilty of an offense. + +(Prior Code, § 12-63; Code 1999, § 8-612) + +
+ +::: phx-name +[Sec 8-613 Sleeping Areas Of +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-613_Sleeping_Areas_Of_Employees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The sleeping place for workers or other employees in bake houses and +restaurants shall be separate and distinct from the place used for +making bread, pastry and other articles of food, and from food storage +preparation and serving areas. + +(Prior Code, § 12-65; Code 1999, § 8-613) + +
+ +::: phx-name +[Sec 8-614 +Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-614_Inspection){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The health officer shall have power to inspect all articles of food or +drinks wherever located that may be sold or offered for sale for human +consumption and to analyze samples of the same upon his own motion. + +(Prior Code, § 12-66; Code 1999, § 8-614) + +
+ +::: phx-name +[Sec 8-615 Destruction +Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-615_Destruction_Authorized){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The health officer shall have authority to destroy, at the expense of +the owner or keeper, any foods, drinks, meats and fish that he finds to +be unwholesome and unfit for use. + +(Prior Code, § 12-67; Code 1999, § 8-615) + +
+ +::: phx-name +[Sec 8-616 Places Where Food Is Sold Or +Served](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-616_Places_Where_Food_Is_Sold_Or_Served){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The health officer shall have full power to pass on the sanitary +condition of any place where foods, milk, drinks, and meats are offered +for sale or served to the public. Any person who shall, after having +been duly notified to clean up or place his place of business in +sanitary condition, refuse to do so, shall be guilty of an offense. + +(Prior Code, § 12-68; Code 1999, § 8-616) + +
+ +::: phx-name +[Sec 8-617 Acts Of Agents Deemed Act Of +Principal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-617_Acts_Of_Agents_Deemed_Act_Of_Principal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +When construing and enforcing the provisions of this article the act, +omission or failure of any officer, agent or other person acting for or +employed by any corporation, company, society or association, within the +scope of his employment or office, shall in every case be deemed to be +the act, omission, or failure of such corporation, company, society or +association, as well as that of the person. + +(Prior Code, § 12-69; Code 1999, § 8-617) + +
+ +::: phx-name +[Sec 8-618 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-618_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person who violates any of the provisions of this article is guilty +of a misdemeanor and, upon conviction thereof, shall be punished as +provided in section 1-108. In addition thereto, such person may be +enjoined from continuing such violations. Each day upon which such a +violation occurs shall constitute a separate violation. + +(Code 1999, § 8-618) + +
+ +::: phx-name +[ARTICLE 8-6B MILK AND MILK +PRODUCTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6B_MILK_AND_MILK_PRODUCTS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-621 Regulations +Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-621_Regulations_Adopted){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-622 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-622_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Milk regulations, 2 O.S. § 7-401 et seq.\ + +
+ +::: phx-name +[Sec 8-621 Regulations +Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-621_Regulations_Adopted){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The latest edition of the United States Public Health Service +Recommendation \"Grade A Pasteurized Milk Ordinance with Administrative +Procedures\" and the provisions of state law governing milk and milk +products as set out in Oklahoma Milk and Milk Products Act (2 O.S. § +7-401 et seq.), as amended from time to time, are hereby adopted and +incorporated by reference in this Code and are enforceable by the city +as fully as if they were set out at length herein. At least one copy of +the milk ordinance and referenced state law shall be on file in the +office of the city clerk. The milk ordinance and the referenced state +law shall govern except in case of conflict with the provisions of this +article, in which case the more restrictive terms shall prevail. + +(Code 1999, § 8-620) + +
+ +::: phx-name +[Sec 8-622 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-622_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person who shall violate any of the provisions of this shall be +guilty of a misdemeanor and, upon conviction thereof, shall be punished +as provided in section 1-108. Such persons may also be enjoined from +continuing such violations. Each day upon which such a violation occurs +shall constitute a separate violation. + +(Code 1999, § 8-621) + +
+ +::: phx-name +[CHAPTER 8-7 SMOKING IN PUBLIC PLACES AND INDOOR +WORKPLACES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-7_SMOKING_IN_PUBLIC_PLACES_AND_INDOOR_WORKPLACES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-701 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-701_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-702 Smoking In Certain Places Prohibited; +Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-702_Smoking_In_Certain_Places_Prohibited;_Exemptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-703 Measures To Prevent Smoking In +Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-703_Measures_To_Prevent_Smoking_In_Places){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-704 Violation And +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-704_Violation_And_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 8-701 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-701_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Educational facility* means a building owned, leased or under the +control of a technology center school district or a public or private +college or university. + +*Health facility* means an entity which provides health services, +including, but not limited to, hospitals, nursing homes, long-term care +facilities, kidney disease treatment centers, health maintenance +organizations and ambulatory treatment centers. + +*Indoor workplace* means any indoor place of employment or +employment-type service for or at the request of another individual or +individuals, or any public or private entity, whether part-time or +full-time and whether for compensation or not. Such services shall +include, without limitation, any service performed by an owner, +employee, independent contractor, agent, partner, proprietor, manager, +officer, director, apprentice, trainee, associate, servant or volunteer. +An indoor workplace includes work areas, employee lounges, restrooms, +conference rooms, classrooms, employee cafeterias, hallways, any other +spaces used or visited by employees, and all space between a floor and +ceiling that is predominantly or totally enclosed by walls or windows, +regardless of doors, doorways, open or closed windows, stairways, or the +like. The provisions of this chapter shall apply to such indoor +workplace at any given time, whether or not work is being performed. + +*Meeting means* a meeting as defined in the Oklahoma Open Meeting Act +(25 O.S. § 301 et seq.). + +*Public body* means a public body as defined in the Oklahoma Open +Meeting Act (25 O.S. § 301 et seq.). + +*Public park* means all areas of a park or playground that is owned and +operated by the City of Moore, Oklahoma to which members of the general +public have been granted a right to access for rest and recreation. +\"Public park\" shall exclude: the paved area usually divided into +individual spaces set-aside and intended for the parking of motor +vehicles, portion of parking lots located on the same property as a park +or playground. + +*Public place* means any enclosed indoor area where individuals other +than employees are invited or permitted. + +*Restaurant* means any eating establishment regardless of seating +capacity. + +*Smoking* means the carrying by a person of a lighted cigar, cigarette, +pipe or other lighted smoking device. + +*Stand-alone bar*, *stand-alone tavern*, and *cigar bar* mean an +establishment that derives more than 60 percent of its gross receipts, +subject to verification by competent authority, from the sale of +alcoholic beverages and low-point beer and no person under 21 years of +age is admitted, except for members of a musical band employed or hired +as provided in 37 O.S. § 537(B)(2) and that is not located within, and +does not share any common entryway or common indoor area with, any other +enclosed indoor workplace, including a restaurant. + +*Vapor products* means noncombustible products, that may or may not +contain nicotine, that employ a mechanical heating element, battery, +electronic circuit, or other mechanism, regardless of shape or size, +that can be used to produce a vapor in a solution or other form. The +term \"vapor products\" shall include any vapor cartridge or other +container with or without nicotine or other form that is intended to be +used with an electronic cigarette, electronic cigar, electronic +cigarillo, electronic pipe, or similar product or device and any vapor +cartridge or other container of a solution, that may or may not contain +nicotine, that is intended to be used with or in an electronic +cigarette, electronic cigar, electronic cigarillo or electronic device. +The term \"vapor products\" do not include any products regulated by the +United States Food and Drug Administration under Chapter V of the Food, +Drug, and Cosmetic Act. + +**State Law reference**--- Similar provisions, 63 O.S. § 1-1522. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[910(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288257_Ordinance%20910(19)01082021103958.pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/21/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-702 Smoking In Certain Places Prohibited; +Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-702_Smoking_In_Certain_Places_Prohibited;_Exemptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Except as specifically provided in this section, no person shall + smoke in a public place, in any part of a zoo to which the public + may be admitted, whether indoors or outdoors, in an indoor + workplace, in any vehicle providing public transportation, at a + meeting of a public body, in a nursing facility licensed pursuant to + the Nursing Home Care Act (63 O.S. § 1-1901 et seq.), or in a child + care facility licensed pursuant to the Oklahoma Child Care + Facilities Licensing Act (10 O.S. § 401 et seq.). A nursing facility + licensed pursuant to the Nursing Home Care Act (63 O.S. § 1-1901 et + seq.) may designate smoking rooms for residents and their guests. + Such rooms shall be fully enclosed, directly exhausted to the + outside, and shall be under negative air pressure so that no smoke + can escape when a door is opened and no air is recirculated to + nonsmoking areas of the building. Commercial airport operators may + prohibit the use of lighted tobacco in any area that is open to or + used by the public whether located indoors or outdoors, provided + that the outdoor area is within 175 feet from an entrance.  + +2. 1. Except as otherwise provided in subsection (B)(2) of this + section, a technology center school district which offers an + early childhood education program or in which children in grades + kindergarten through 12 are educated shall prohibit smoking, the + use of snuff, chewing tobacco or any other form of tobacco + product in the educational facility buildings and on the grounds + of the facility by all persons, including, but not limited to, + full-time, part-time, and contract employees, during the hours + of 7:00 a.m. to 4:00 p.m., during the school session, or when + class or any program established for students is in session. + 2. A technology center school district may designate smoking areas + outside of buildings, away from general traffic areas and + completely out of sight of children under 18 years of age, for + use by adults attending training courses, sessions, meetings or + seminars. + 3. A technology center school district or college or university may + designate smoking areas outside the educational facility + buildings for the use of adults during certain activities or + functions, including, but not limited to, athletic contests. + 4. Smoking shall be prohibited in an educational facility as + defined in the 24/7 Tobacco-free Schools Act (70 O.S. § 1210.211 + et seq.) and as provided for in this section. + +3. Nothing in this section shall be construed to prohibit educational + facilities from having more restrictive policies regarding smoking + and the use of other tobacco or vapor products in the buildings or + on the grounds of the facility. + +4. A private residence is not a public place within the meaning of this + section except that areas in a private residence that are used as a + licensed child care facility during hours of operation are public + places within the meaning of this section. + +5. No person shall smoke or use a vapor product in any building, or + portions thereof, owned or operated by this municipality; smoking or + the use of a vapor product shall not be allowed within 25 feet of + the entrance or exit of any such building. No person shall smoke or + use a vapor product on the grounds of any city-owned public park, + excluding the paved areas usually divided into individual spaces set + aside and intended for the parking of motor vehicles. + +6. Veterans centers operated by the state pursuant to the provisions of + 72 O.S. § 221 et seq., shall be designated nonsmoking. + +7. An employer not otherwise restricted from doing so may elect to + provide smoking rooms where no work is performed except for cleaning + and maintenance during the time the room is not in use for smoking, + provided each smoking room is fully enclosed and exhausted directly + to the outside, in such manner that no smoke can drift or circulate + into a nonsmoking area. No exhaust from a smoking room shall be + located within 15 feet of any entrance, exit or air intake. If + smoking is to be permitted in any space exempted in subsection (H) + of this section or in a smoking room, such smoking space must either + occupy the entire enclosed indoor space or, if it shares the + enclosed space with any nonsmoking areas, the smoking space shall be + fully enclosed, exhausted directly to the outside with no air from + the smoking space circulated to any nonsmoking area, and under + negative air pressure so that no smoke can drift or circulate into a + nonsmoking area when a door to an adjacent nonsmoking area is + opened. Air from a smoking room shall not be exhausted within 15 + feet of any entrance, exit or air intake. + +8. This section shall not prohibit smoking in: + 1. Stand-alone bars, stand-alone taverns or cigar bars; + 2. The rooms where licensed charitable bingo games are being + operated, but only during the hours of operation of such games; + 3. Up to 25 percent of the guest rooms at a hotel or other lodging + establishment; + 4. Retail tobacco stores predominantly engaged in the sale of + tobacco products and accessories and in which the sale of other + products is merely incidental and in which no food or beverage + is sold or served for consumption on the premises; + 5. Workplaces where only the owner or operator of the workplace, or + the immediate family of the owner or operator, performs any work + in the workplace, and the workplace has only incidental public + access; + 6. Workplaces occupied exclusively by one or more smokers, if the + workplace has only incidental public access. The term + \"incidental public access\" means that a place of business has + only an occasional person, who is not an employee, present at + the business to transact business or make a delivery. The term + \"incidental public access\" does not include businesses that + depend on walk-in customers for any part of their business; + 7. Private offices occupied exclusively by one or more smokers; + 8. Workplaces within private residences, except that smoking shall + not be allowed inside any private residence that is used as a + licensed child care facility during hours of operation; + 9. A facility operated by a post or organization of past or present + members of the Armed Forces of the United States which is exempt + from taxation pursuant to section 501(c)(8), (c)(10) or (c)(19) + of the Internal Revenue Code, 26 USC 501(c)(8), (c)(10) or + (c)(19), when such facility is utilized exclusively by its + members and their families and for the conduct of post or + organization nonprofit operations except during an event or + activity which is open to the public; + 10. Any outdoor seating area of a restaurant, provided smoking shall + not be allowed within 15 feet of any exterior public doorway or + any air intake of a restaurant; and + 11. Medical research or treatment centers, if smoking is integral to + the research or treatment. + +**State Law reference**--- Similar provisions, 63 O.S. § 1-1523. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[910(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288257_Ordinance%20910(19)01082021103958.pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/21/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-703 Measures To Prevent Smoking In +Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-703_Measures_To_Prevent_Smoking_In_Places){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The state or local governmental agency or the person who owns or +operates a public place shall, at a minimum, do the following in order +to prevent smoking in public places: + +1. Post conspicuous signs at entrances to and in prominent locations + within places where smoking is prohibited which state that smoking + is prohibited or that the indoor environment is free of tobacco + smoke; and +2. Ask smokers to refrain from smoking upon observation of anyone + violating the provisions of this section. + +**State Law reference**--- Similar provisions, 63 O.S. § 1-1525. + +
+ +::: phx-name +[Sec 8-704 Violation And +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-704_Violation_And_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The possession of lighted tobacco in any form is a public nuisance and +dangerous to public health. Any person who knowingly violates this +chapter is guilty of a misdemeanor, and, upon conviction thereof, shall +be punished by a fine of not less than \$10.00 nor more than \$100.00. + +(Code 1999, § 8-706; Ord. No. 583(07), § I, 5-21-2007) + +
+ +::: phx-name +[CHAPTER 8-8 PUBLIC +BATHING/TANNING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-8_PUBLIC_BATHING/TANNING){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-801 Regulations +Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-801_Regulations_Adopted){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 8-801 Regulations +Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-801_Regulations_Adopted){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following regulations are hereby adopted and incorporated herein + by reference in this Code, punishable as if set out fully at length + herein, to govern public bathing and tanning facilities: + 1. \"Design Standards and Operational Criteria for Public Bathing + Places,\" adopted by the Oklahoma State Board of Health, 93 + pages, March 27, 1986, or latest edition thereof; and + 2. \"Sunlamp Products; Performance Standard,\" issued by the U.S. + Department of Health and Human Services, Food and Drug + Administration, 21 CFR 1040, and as may be amended from time to + time. +2. At least one copy of the above regulations are on file in the office + of the city clerk. + +(Code 1999, § 8-801) + +
+ +::: phx-name +[CHAPTER 8-9 +ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-9_ENFORCEMENT){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-901 Obstructing +Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-901_Obstructing_Officer){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-902 Action By County Health +Department](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-902_Action_By_County_Health_Department){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-903 Enforcement; Citations; +Appeals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-903_Enforcement;_Citations;_Appeals){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-904 Penalty And Other +Actions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-904_Penalty_And_Other_Actions){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 8-901 Obstructing +Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-901_Obstructing_Officer){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to obstruct or interfere with any officer +or health or administrative officer charged with the enforcement of this +part. + +(Prior Code, § 12-4, in part; Code 1999, § 8-901) + +
+ +::: phx-name +[Sec 8-902 Action By County Health +Department](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-902_Action_By_County_Health_Department){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +By contract or other method, the city manager may appoint the county +health department as its agent to enforce provisions of this part and +the health ordinances of the city. Such responsibilities may include +determination of public health nuisances and hazards, service as expert +witnesses for the city, and assistance in evaluation and development of +remedial action on matters which deal with the public health. + +(Code 1999, § 8-902) + +
+ +::: phx-name +[Sec 8-903 Enforcement; Citations; +Appeals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-903_Enforcement;_Citations;_Appeals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. With respect to public nuisance abatement, the city manager may + further delegate to the director of community development division + or his staff the aforementioned duties of the city manager, + including the duty of administrative officer. +2. The city manager or his designee are designated to issue citations + for violations this part, including nuisances, weeds and trash, + abandoned vehicles and health laws. +3. Any administrative hearings for violations of the above-referenced + sections shall be before an administrative officer designated by the + city manager. A hearing shall be scheduled on completion and filing + with the city clerk an application therefor, pursuant to the + appropriate sections of this part, in accordance with the provisions + contained therein. +4. Appeals from the decision of the administrative officer shall be to + the municipal court, in accordance with the applicable code + provisions. + +(Code 1999, § 8-903; Ord. No. 451, 7-18-1988) + +
+ +::: phx-name +[Sec 8-904 Penalty And Other +Actions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-904_Penalty_And_Other_Actions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The procedures for abating nuisances declared in this part and any + other provisions of law and ordinances are cumulative to one + another, and the city may elect to follow any such procedure which + is applicable in abating any particular nuisance or violation. +2. The city may, in addition to other remedies or punishments or + abatements, bring an action for abatement of any nuisance. +3. Any violation of any provision of this part is punishable as + provided in section 1-108. + +(Code 1999, § 8-904) + +
+ +::: phx-name +[CHAPTER 8-10 +GRAFFITI](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-10_GRAFFITI){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-1001 Short +Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1001_Short_Title){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1002 Statutory +Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1002_Statutory_Authority){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1003 Legislative +Findings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1003_Legislative_Findings){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1004 Purpose And +Intent](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1004_Purpose_And_Intent){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1005 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1005_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1006 Declaration Of Public +Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1006_Declaration_Of_Public_Nuisance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1007 Application Of Graffiti Prohibited; Offense; +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1007_Application_Of_Graffiti_Prohibited;_Offense;_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1008 Removal Of Graffiti From Private Property Within +Neighborhood Initiative Area Designated By The City +Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1008_Removal_Of_Graffiti_From_Private_Property_Within_Neighborhood_Initiative_Area_Designated_By_The_City_Manager){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 8-1001 Short +Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1001_Short_Title){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This chapter shall be known and may be cited as the \"Graffiti +Eradication Ordinance.\" + +(Code 1999, § 8-1001; Ord. No. 65(93), 11-15-1993) + +
+ +::: phx-name +[Sec 8-1002 Statutory +Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1002_Statutory_Authority){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This chapter is being enacted under the authority of 11 O.S. § 22-121. + +(Code 1999, § 8-1002; Ord. No. 65(93), 11-15-1993) + +
+ +::: phx-name +[Sec 8-1003 Legislative +Findings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1003_Legislative_Findings){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The council of the city hereby makes the following findings: + +1. That unsightly graffiti on public and private property within the + city is detrimental to the beauty of our community; +2. That graffiti on public and private property within the city is + often related to criminal street gang activity, with graffiti being + used to convey information to gang members and mark gang territory; +3. That gang-related graffiti often provides a catalyst for + gang-related criminal violence within the city; +4. That gang-related graffiti constitutes a growing blight on, and a + substantial detriment to, the health and safety of the residents of + our community; and +5. That by reason of the foregoing findings, graffiti constitutes a + public nuisance to our community. + +(Code 1999, § 8-1003; Ord. No. 65(93), 11-15-1993) + +
+ +::: phx-name +[Sec 8-1004 Purpose And +Intent](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1004_Purpose_And_Intent){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The purpose of this chapter is to provide for the prevention and removal +of graffiti within the city. The intent of the council is to prevent and +remove a public nuisance that is a growing blight on, and a substantial +detriment to, the health, safety and general welfare of our community +and its inhabitants. + +(Code 1999, § 8-1004; Ord. No. 65(93), 11-15-1993) + +
+ +::: phx-name +[Sec 8-1005 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1005_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Advertising* means any letter, word, name, number, symbol, slogan, +message, drawing, picture, writing, or other mark of any kind lawfully +placed on property by an owner or occupant of the property, or an agent +of such owner or occupant, for the purpose of promoting products or +services or conveying information to the public. + +*Applies graffiti, apply graffiti* or *applying graffiti* means the act +of drawing, painting, chiseling, scratching or etching graffiti on +public or private property within the city. + +*City manager* means the city manager or the trust manager of the city +public works authority, or his designee. + +*Graffiti* means, without limitation, any letter, word, name, number, +symbol, slogan, message, drawing, picture, writing, or other mark of any +kind visible to the public that is drawn, painted, chiseled, scratched +or etched on a rock, tree, wall, bridge, fence, gate, building or other +structure; provided, however, that this definition shall not include +advertising or any other letter, word, name, number, symbol, slogan, +message, drawing, picture, writing, or other mark of any kind lawfully +placed on property by an owner of the property, an occupant of the +property, or by an authorized agent for such owner or occupant. + +*Occupant* means any person shown by the records of the county clerk\'s +office as a tenant of property, or any person in actually physical +possession of property. + +*Owner* means any person shown by the records of the county clerk\'s +office as the owner of a fee simple interest in property. + +*Removal, remove* or *removed*, when used in relation to the eradication +of graffiti, means the act of taking graffiti off of, or masking the +presence of graffiti on, a rock, tree, wall, bridge, fence, gate, +building or other structure. + +(Code 1999, § 8-1005; Ord. No. 65(93), 11-15-1993) + +
+ +::: phx-name +[Sec 8-1006 Declaration Of Public +Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1006_Declaration_Of_Public_Nuisance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The council of the city hereby declares that graffiti on public or +private property within the city constitutes a public nuisance to the +detriment of the city and its inhabitants and visitors. The provisions +for prevention and removal of such public nuisance are set forth in +sections 8-1007 and 8-1008. + +(Code 1999, § 8-1006; Ord. No. 65(93), 11-15-1993) + +
+ +::: phx-name +[Sec 8-1007 Application Of Graffiti Prohibited; Offense; +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1007_Application_Of_Graffiti_Prohibited;_Offense;_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall apply graffiti to public or private property within + the city. +2. Any person who applies graffiti to public or private property within + the city shall be deemed guilty of an offense. Each act of applying + graffiti shall constitute a separate offense. +3. Any person convicted of the offense of applying graffiti to public + or private property within the city shall be punished as provided in + section 1-108. +4. The provisions of this section shall be enforced by the police + department and code enforcement officer as determined by the city + manager. + +(Code 1999, § 8-1007; Ord. No. 65(93), 11-15-1993) + +
+ +::: phx-name +[Sec 8-1008 Removal Of Graffiti From Private Property Within +Neighborhood Initiative Area Designated By The City +Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1008_Removal_Of_Graffiti_From_Private_Property_Within_Neighborhood_Initiative_Area_Designated_By_The_City_Manager){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager or his designee may cause graffiti to be removed from +private property located within the neighborhood initiative area +designated by the city manager in accordance with the following +procedure: + +1. The manager or his designee shall contact the owners of the property + to encourage the property owners cooperation in removing any such + graffiti; +2. Prior to removal attempts by the city, the manager or his designee + shall obtain the written consent of all owners and occupants for + removal of graffiti from the property; and +3. Upon obtaining the written consent required by subsection (B) of + this section, the manager may, to the extent authorized by the + owners and occupants, enter onto the property and remove the + graffiti. + +(Code 1999, § 8-1008; Ord. No. 65(93), 11-15-1993) + +
+ +::: phx-name +[CHAPTER 8-11 EXTERIOR PROPERTY +MAINTENANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-11_EXTERIOR_PROPERTY_MAINTENANCE){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 8-11A +GENERAL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11A_GENERAL){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 8-11B EXTERIOR PROPERTY MAINTENANCE VIOLATIONS +DEFINED](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11B_EXTERIOR_PROPERTY_MAINTENANCE_VIOLATIONS_DEFINED){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 8-11C NOTICE AND +ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11C_NOTICE_AND_ENFORCEMENT){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 8-11A +GENERAL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11A_GENERAL){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-1101 +Scope](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1101_Scope){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1102 +Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1102_Responsibility){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1103 Vacant Structures And +Land](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1103_Vacant_Structures_And_Land){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1104 Violations And +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1104_Violations_And_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1105 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1105_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 8-1101 +Scope](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1101_Scope){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions of this chapter shall govern the minimum conditions and +standards for maintenance of structures and exterior property. + +(Code 1999, § 8-1101; Ord. No. 102(94), 12-5-1994) + +
+ +::: phx-name +[Sec 8-1102 +Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1102_Responsibility){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The owner or occupant of the premises shall maintain the structures and +exterior property in compliance with the requirements of this chapter. A +person shall not occupy as owner/occupant or permit another person to +occupy or use premises which do not comply with the requirements of this +chapter. + +(Code 1999, § 8-1102; Ord. No. 102(94), 12-5-1994) + +
+ +::: phx-name +[Sec 8-1103 Vacant Structures And +Land](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1103_Vacant_Structures_And_Land){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All vacant structures and premises thereof or vacant land shall be +maintained in a clean, safe, secure and sanitary condition as provided +in this chapter so as not to cause a blighting problem or adversely +affect the public health or safety. + +(Code 1999, § 8-1103; Ord. No. 102(94), 12-5-1994) + +
+ +::: phx-name +[Sec 8-1104 Violations And +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1104_Violations_And_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person, firm or corporation who shall violate any provision of this +chapter, upon conviction thereof, shall be guilty of an offense and be +subject to a fine in an amount as provided in section 1-108. Each day +that a violation continues shall be deemed a separate offense. + +(Code 1999, § 8-1104; Ord. No. 102(94), 12-5-1994) + +
+ +::: phx-name +[Sec 8-1105 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1105_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Approved* means approved by the code official. + +*Basement* means that portion of a building which is partly or +completely below grade. + +*Code official* means the city official who is charged with the +administration and enforcement of this chapter, or any duly authorized +representative. + +*Exterior property* means the open space on the premises and on +adjoining property under the control of the owner or occupant of such +premises. + +*Major violation* means a combination of two or more minor violations +occurring at the same time, or one or more violations that are +determined by the code official to pose a serious threat to the health +and safety of the owner or occupant of the structure in question. + +*Minor violation* means a singular violation of any one of the various +provisions of this chapter, either through lack of maintenance or act of +nature, which in and of itself does not cause a blighting problem or +adversely affect the public health or safety. + +*Occupant* means any person legally living or sleeping in a building, or +having legal possession of a space within, a building. + +*Owner* means any person, firm or corporation having a legal or +equitable interest in the property, including the guardian, executor or +administrator of the estate of such person. + +*Premises* means a lot, plot, tract or parcel of land, including the +buildings and structures thereon. + +*Structure* means that which is built or constructed. + +(Code 1999, § 8-1105; Ord. No. 102(94), 12-5-1994; Ord. No. 196(97), +6-16-1997; Ord. No. 451(04), 4-19-2004) + +
+ +::: phx-name +[ARTICLE 8-11B EXTERIOR PROPERTY MAINTENANCE VIOLATIONS +DEFINED](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11B_EXTERIOR_PROPERTY_MAINTENANCE_VIOLATIONS_DEFINED){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-1111 Exterior Property +Areas](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1111_Exterior_Property_Areas){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1112 Exterior Structure General +Maintenance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1112_Exterior_Structure_General_Maintenance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1113 +Appearance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1113_Appearance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1114 +Signage](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1114_Signage){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1115 +Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1115_Enforcement){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 8-1111 Exterior Property +Areas](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1111_Exterior_Property_Areas){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Grading* and *drainage*. All premises shall be graded and + maintained to prevent the accumulation of stagnant water thereon, or + within any structure located thereon, except for water detention or + retention areas approved by the city. +2. *Rat harborage*. All structures and exterior property shall be kept + free from rat infestation. Where rats are found, they shall be + promptly exterminated by approved processes which will not be + injurious to human health. After extermination, proper precautions + shall be taken to prevent re-infestation. +3. *Accessory structures*. All accessory structures, including detached + garages, fences and walls, shall be maintained structurally sound + and in good repair. Each separate accessory structure shall be + deemed a separate violation. + +(Code 1999, § 8-1110; Ord. No. 451(04), 4-19-2004) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/21/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-1112 Exterior Structure General +Maintenance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1112_Exterior_Structure_General_Maintenance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The owner, lessee, occupant, or person or entity having charge of the +property shall keep all parts of the exterior property in a clean and +sanitary condition. No premises shall be in a condition that constitutes +a health hazard, safety hazard, or general nuisance. + +1. *Street numbers*. Each building to which a street number has been + assigned shall have such number displayed in a position easily + observed and readable from the public right-of-way. All numbers + shall be at least three inches high and one-half inch stroke. +2. *Structural members*. Any structural member of a structure which has + become deteriorated or damaged to the extent that it does not serve + the purpose as originally intended shall be renewed, restored, + repaired, or replaced as is necessary to serve the purpose as + originally intended. All structural members shall be maintained free + of deterioration, and capable of safely bearing the imposed dead and + live loads. +3. *Exterior walls* *and* *surfaces*. Exterior walls and other exterior + surface materials shall he free of holes, cracks, loose or rotting + boards and timbers or any other condition as to prevent rodents, + rain, or dampness to the interior of the dwelling. All canopies, + marquees, signs, awnings, exterior stairways, fire escapes, + standpipes, exhaust ducts, porches, balconies, and similar + overhanging extensions, and their supporting structures where + exposed to public view, shall be maintained in good condition and + shall not show evidence of ripping, tearing, or deterioration. + Exterior wood surfaces, other than decay-resistant woods, shall be + protected from the elements and decay by painting or other + protective covering or treatment. Peeling, flaking and chipped paint + shall be eliminated and surfaces repainted. All metal surfaces + subject to rust or corrosion shall be coated to inhibit such rust + and corrosion and all surfaces with rust or corrosion shall be + stabilized and coated to inhibit future rust and corrosion. + Oxidation stains shall be removed from exterior surfaces. Surfaces + designed for stabilization by oxidation are exempt from this + requirement. +4. *Roofs* *and* *drainage*. The roof and flashing shall be sound, + tight and not have defects which admit rain. Rain gutters, + downspouts, leaders, or other means of water diversion shall be + provided to collect/conduct and discharge all water from the roof + and maintained so as not to leak or cause dampness in the walls, + ceiling, or basements or adversely affect adjacent properties. Roof + drains, gutters and downspouts shall be maintained in good repair + and free from obstructions. +5. *Overhang extensions*. All canopies, marquees, awnings, stairways, + fire escapes, standpipes, exhaust ducts, gutters and similar + overhang extensions shall be maintained in good repair and be + properly anchored so as to be kept in a safe and sound condition. + When required, all exposed surfaces of metal or wood shall be + protected from the elements and against decay by periodic + application of weather-coating materials, such as paint or similar + surface treatment. +6. *Chimneys* *and* *towers*. All chimneys, cooling towers, smoke + stacks, and similar appurtenances shall be maintained structurally + safe, sound, and in good repair. Where required, all exposed + surfaces of metal or wood shall be protected from the elements and + against decay by periodic application of weather-coating materials, + such as paint or similar surface treatment. +7. *Handrails* *and* *guardrails*. Every handrail and guardrail shall + be firmly fastened and capable of bearing normally imposed loads and + shall be maintained in sound condition and good repair. +8. *Windows, skylights, doors and frames*. Windows shall be fully + supplied with window glass or an approved substitute which is glazed + and is without open cracks or holes, shall have sashes in good + condition which fit within frames, be capable of being easily opened + and held in position by hardware, and maintained so as to exclude + adverse weather elements from entering the structure. Skylights, + doors, and frames shall be kept in sound condition, good repair and + weather-tight. +9. *Insect screens*. All insect screens shall be tightly fitting and + maintained in sound condition and good repair, free from holes, + cuts, or rips. +10. *Exterior doors and frames.* All exterior doors, frames and + hardware, including garage doors, shall be maintained in sound + condition, good repair and weather-tight. +11. *Basement, foundation, vents, and windows.* Every + basement/foundation hatchway, vent or window shall be maintained in + sound condition, good repair and weather-tight. Foundations shall + support the building at all points and shall be free of all holes + and cracks as to prevent rodents, water or dampness to the interior + of the building or any conditions tending to reduce the capability + of the foundation to support the building. +12. *Porches, decks, and docks.* Every porch, deck, or dock shall be + constructed and maintained so as to be free of missing, defective, + rotting or deteriorated foundations, supports, floors, other + members, including steps, and kept in sound condition and in good + repair. +13. *Decorative features*. All cornices, entablatures, bell courses, + corbels, terra cotta trim, wall facings, and similar decorative + features shall be maintained in good repair with proper anchorage + and in a safe condition. +14. *Sidewalks and driveways.* All sidewalks, walkways, stairs, + driveways, parking spaces, parking lots and similar areas shall be + kept in a proper state of repair and maintained free from hazardous + conditions. + +(Code 1999, § 8-1111; Ord. No. 451(04), 4-19-2004) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[806(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/19/2015\ +Amended by Ord. +[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/21/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-1113 +Appearance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1113_Appearance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All buildings and the exterior of all premises shall be properly +maintained to achieve a presentable appearance and to avoid blighting +effects and hazardous conditions. + +1. *Exterior space*. The exterior open space around each structure + shall be maintained or improved so as to provide for: + 1. The immediate diversion of water away from buildings and proper + drainage of the lot; + 2. Grass, plantings, or other suitable ground cover to prevent soil + erosion which is or may become detrimental to the structures, + lot use or adjacent lots and structures; and + 3. Sidewalks, walkways, parking areas, driveways and exterior steps + which are of a permanently hard, dust-free surface of sound + construction, and properly maintained. +2. *Buffer and screening requirements.* When commercial or industrial + property is being developed, and it abuts property zoned or used for + residential purposes, a six-foot tall buffer shall be constructed of + an appropriate mounding, fencing, or vegetative material, along the + entire length of any abutting side or rear yard. Screen plantings + shall have a minimum height of five feet and should be of such size, + species, and spacing as can reasonably be expected to produce an + opaque six-foot screen within three years. +3. *Vegetative ground cover required*. All green areas shall be graded + and seeded with an all-season, well maintained vegetative ground + cover. +4. *Fences and walls.* All fences, retaining walls, or similar + structures shall be anchored firmly in the ground, shall be + constructed in a workmanlike manner and maintained in that same + manner so that such approved fences, retaining walls, or similar + structures shall always be in the state of good structural repair. + If any fence, retaining wall, or similar structure is found not to + be in the state of good structural repair, it shall be removed, + replaced, or repaired, as required. Except when constructed of + materials that have been designed or manufactured to remain + untreated, all fences shall be treated periodically with paint or + chemicals so as to retard deterioration. Fences and/or walls shall + be constructed of wood, iron, decorative aluminum, stone, brick, or + decorative block. Retaining walls shall be constructed of stone, + decorative wall systems, brick, or wood. The following items, being + found singularly or collectively, shall be used in determining a + fence that is in violation of this section: + 1. Missing or broken panels; + 2. Lean posts being used to keep the fence erect; + 3. Patches made to the fence that are not made of the same original + fence material; + 4. Three or more broken or missing slats within a panel; + 5. Broken fence posts; + 6. Upright fence posts when no fence panels or other horizontal + fence material is erected; + 7. Leaning panels, fence material or fence posts. +5. *Yards*. All yards, courts, and lots shall be kept free of noxious + weeds, overgrown grasses, debris, and other materials which may + cause a fire, health or safety hazard, or general unsightliness. +6. *Hazards*. Hazards and unsanitary conditions shall be eliminated. +7. *Grading*. All premises shall be graded and maintained to prevent + the erosion of soil and to prevent the accumulation of water + thereon, or within any structure located thereon. +8. *Drainage*. All portions of all premises shall be so graded that + there is no pooling of water or recurrent entrance of water into any + part of any building except where such pooling or retention of water + is part of a plan approved by the city engineer. All condensate and + waste cooling water shall be appropriately discharged into an + approved drainage system. +9. *Drainage swales*. Swales are to be maintained by the owners of the + parcels on which they are located, and at no time will anyone plant + trees and/or shrubs or discharge, empty, or place any material fill + or waste into any swale so as to impede or divert drainage flow. +10. *Traffic markings*. All traffic markings such as directional arrows, + lane division lines, parking space lines, stop signs, etc., shall be + maintained so as to be clearly visible and easily recognized. +11. *Exterior light fixtures*. Exterior lighting fixtures over steps, + paths, walkways, courts, drives and parking lots shall be neatly + maintained in operable condition and lighted for sufficient periods + of time before and after business hours to provide for pedestrian + and employee safety and properly aimed so as not to shine on + adjacent properties (per local zoning regulation). +12. *Driveways and walkways*. All driveways, walkways, stairs, parking + spaces, parking lots and similar areas shall be kept in a proper + state of repair, and maintained free from hazardous conditions. +13. *Rodent harborage*. All structures and exterior property shall be + kept free from rodent harborage and infestation. Where rodents are + found, they shall be promptly exterminated by approved processes + which will not be injurious to human health. After extermination, + proper precautions shall be taken to eliminate rodent harborage and + prevent re-infestation. +14. *Mosquito infestation*. All structures and exterior property shall + be kept free of the accumulation of stagnant water by any means, + which may yield the potential for serving as a breeding ground for + mosquitoes. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[806(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/19/2015\ +Amended by Ord. +[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/21/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-1114 +Signage](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1114_Signage){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Sign maintenance*. All signage and incidental landscaping and/or + lighting shall be maintained in good condition and shall not show + evidence of deterioration. Neither lighting nor signage shall be + permitted to be posted on trees or utility poles. +2. *Visibility triangles*. All signage shall be located outside of all + visibility triangles at intersections and ingress/egress points, and + shall not be located in such a manner as to constitute a traffic or + safety hazard. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[806(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/19/2015\ +Amended by Ord. +[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/21/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-1115 +Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1115_Enforcement){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +An annual inspection of all commercial and industrial property shall be +made by the building official or his designee to determine compliance +with the exterior property maintenance code. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[806(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/19/2015\ +Amended by Ord. +[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/21/2019\ +* +::: + +
+ +::: phx-name +[ARTICLE 8-11C NOTICE AND +ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11C_NOTICE_AND_ENFORCEMENT){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-1121 Determination Of +Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1121_Determination_Of_Violation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1122 Notice Of +Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1122_Notice_Of_Violation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1123 Correction Of +Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1123_Correction_Of_Violation){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 8-1121 Determination Of +Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1121_Determination_Of_Violation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Upon report of a violation of the provisions of this chapter, the code +official shall determine whether a violation exists, and whether such +violation is deemed to be a minor violation or a major violation, as +defined in section 8-1105. If the violation is determined to be a minor +violation, no action shall be taken until such time as it is determined +that a major violation exists. + +(Code 1999, § 8-1140; Ord. No. 102(94), 12-5-1994; Ord. No. 196(97), +6-16-1997) + +
+ +::: phx-name +[Sec 8-1122 Notice Of +Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1122_Notice_Of_Violation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. If the code official determines that a major violation exists, + written notice shall be given to the owner of the premises stating + the violations and directing that the violations be corrected. +2. The written notice shall be sent by certified mail to the owner of + the property at the address shown by the current year\'s tax rolls + in the office of the county treasurer. If the property owner cannot + be located, notice may be given by posting a copy of the notice on + the property. + +(Code 1999, § 8-1141; Ord. No. 102(94), 12-5-1994; Ord. No. 196(97), +6-16-1997; Ord. No. 451(04), 4-19-2004) + +
+ +::: phx-name +[Sec 8-1123 Correction Of +Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1123_Correction_Of_Violation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The notice required in section 8-1122 shall state that the owner or + occupant must correct the violations outlined in the notice within + 30 days of the date of the notice. Upon reinspection of the property + within the 30-day notice period, the community development director + may authorize an additional time for the owner or occupant to + correct the violations. Once a notice of violation has been issued, + each minor violation included in such notice shall be corrected + prior to the code official clearing the violation. If the owner or + occupant fails to correct the violations within the allotted time + period, a citation or citations shall be issued to the owner or + occupant, as provided in section 8-1104. +2. At any time within ten days form the date of the notice, the owner + or occupant may request, in writing addressed to the code official, + a hearing for the purpose of contesting the determination of a + violation on the property. The code official shall conduct a hearing + as soon as practicable but not later than 15 days after receipt of + the owner or occupant\'s request for such hearing. At such hearing + the owner or occupant shall have the right to be represented by + counsel, to present testimony, other evidence and arguments, and to + cross examine witnesses. If the code official determines after such + hearing that a major violation exists on the property, he shall + direct that the violations be corrected within the time period + established in the notice or other agreed upon timeline, as + appropriate. Such finding shall be made in writing and shall be + served upon the owner or occupant. An appeal of the final order of + the code official may be had by any person aggrieved by such order. + Such appeal shall follow the procedures established in section + 8-205(f) and (g). + +(Code 1999, § 8-1142; Ord. No. 102(94), 12-5-1994; Ord. No. 196(97), +6-16-1997; Ord. No. 451(04), 4-19-2004) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[807(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326959_Ordinance%20No.%20807%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/19/2015\ +* +::: + +
+ +::: phx-name +[CHAPTER 8-12 MEDICAL +MARIJUANA](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-12_MEDICAL_MARIJUANA){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-1201 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1201_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1202 General +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1202_General_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1203 Medical Marijuana +Dispensary](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1203_Medical_Marijuana_Dispensary){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1204 Commercial Medical Marijuana Growing +Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1204_Commercial_Medical_Marijuana_Growing_Facilities){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1205 Commercial Medical Marijuana Processing +Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1205_Commercial_Medical_Marijuana_Processing_Facility){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1206 Medical Marijuana Testing Laboratory +Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1206_Medical_Marijuana_Testing_Laboratory_Facility){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1207 Medical Marijuana Research +Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1207_Medical_Marijuana_Research_Facility){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1208 Medical Marijuana Education +Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1208_Medical_Marijuana_Education_Facility){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1209 Medical Marijuana Growing For Personal +Use](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1209_Medical_Marijuana_Growing_For_Personal_Use){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1210 Legal Non-Conforming +Clause](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1210_Legal_Non-Conforming_Clause){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 8-1201 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1201_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning:\ +*Commercial medical marijuana growing facilities* means an entity +licensed by the State of Oklahoma to cultivate, prepare and package +medical marijuana and transfer or contract for transfer medical +marijuana to a medical marijuana dispensary, medical marijuana +processor, any other medical marijuana commercial grower, medical +marijuana research facility, medical marijuana education facility and +pesticide manufacturers. A commercial grower may sell seeds, flower or +clones to commercial growers.\ +*Commercial medical marijuana processing facilities* means an entity +licensed by the State of Oklahoma to operate a business including the +production, manufacture, extraction, processing, packaging or creation +of concentrate, medical-marijuana-infused products or other medical +marijuana products. + +*Hazardous processor license* means a license issued to a medical +marijuana processor that performs an extraction method that utilizes +chemicals considered hazardous by the OSHA Hazard Communication Standard +under 29 CFR § 1910.1200. + +*Medical marijuana dispensary* means an entity that has been licensed by +the State of Oklahoma to purchase medical marijuana or medical marijuana +products from a licensed medical marijuana commercial grower or medical +marijuana processor, sell medical marijuana or medical marijuana +products to patients and caregivers, or sell or transfer products to +another dispensary.\ + +\ +*Medical marijuana education facility* means a person or entity approved +to operate a facility providing training and education to individuals +involving the cultivation, growing, harvesting, curing, preparing, +packaging or testing of medical marijuana, or the production of +medical-marijuana-infused products or other medical marijuana products.\ +*Medical marijuana growing for personal use* means any individual +licensed by the State of Oklahoma to grow up to six mature marijuana +plants and up to six seedling plants within a single residence for +personal medical use.\ +*Medical marijuana research facility means* a person or entity approved +to conduct medical marijuana research.\ +*Medical marijuana testing lab* means a public or private laboratory +licensed to conduct testing and research on medical marijuana and +medical marijuana products.\ +*Medical marijuana transporter* means a person or entity that is +licensed by the State of Oklahoma to transport medical marijuana. A +medical marijuana transporter does not include a medical marijuana +business that transports its own medical marijuana, medical marijuana +concentrate or medical marijuana products to a property or facility +adjacent to or connected to the licensed premises if the property is +another licensed premises of the same medical marijuana business.\ +*Medical marijuana waste* means unused, surplus, returned or out-of-date +marijuana, plant debris of the plant of the genus Cannabis, including +dead plants and all unused plant parts and roots. + +*Non-hazardous processor license* means a license issued by the +Authority to a processor that will not perform any processing or +extraction methods that utilize a chemical considered hazardous by the +OSHA Hazard Communication Standard under 29 CFR § 1910.1200. + +*School* means a public or private preschool or a public or private +elementary or secondary school used for school classes and instruction. +A homeschool, daycare, or child-care facility shall not be considered a +\"school.\" + +The city hereby adopts all other terms and definitions as established by +state law or department of health regulations. In the event of a +conflict between any definitions contained herein, the definition +promulgated by the state or the department of health shall prevail. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +Amended by Ord. +[1020.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1677620270_1020.23.pdf){.k-link +target="_blank" style="color:#0000EE"} on 2/21/2023\ +* +::: + +
+ +::: phx-name +[Sec 8-1202 General +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1202_General_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Applicants for any license contained herein shall be required to + possess a valid State of Oklahoma issued medical marijuana license + prior to making application for the city license. +2. The commercial licenses outlined in this chapter will be subject to + property inspection by an authorized city inspector prior to + issuance to ensure compliance with all codes of the city. +3. The property inspection will occur at a time scheduled and approved + by both the applicant and the city inspector. +4. The applicant will be required to be present during the inspection. +5. All structures, equipment, and apparatus shall comply with all + building and fire codes currently adopted by the State of Oklahoma + and the City of Moore. +6. A medical marijuana business license application shall be filled out + and signed by the property and business owner and submitted to the + city clerk prior to scheduling an inspection. +7. A nonrefundable license fee, as established by this chapter, shall + be paid at the time the application is submitted. +8. The license fee shall be set according to and used to offset + municipal expenses covering costs related to licensing, inspection, + administration, and enforcement of this article. +9. License holder shall remit all required state and city sales tax. +10. It is the intent of the City of Moore that nothing in the medical + marijuana ordinance be construed to: + 1. Allow persons to engage in conduct that endangers the health, + safety, or welfare of the citizens of the City of Moore, or + causes a public nuisance; + 2. Allow the use of marijuana for non-medical purposes; or + 3. Allow any activity that is otherwise illegal and not permitted + by state law. +11. Additional regulations: + 1. Smoking and vaping marijuana shall be prohibited on all city + property including vehicles, buildings, and parks as well as + other property defined in Title 63 O.S. Section 1-1521 et seq. + to be cited as the \"Smoking in Public Places and Indoor + Workplace Act.\" + 2. Revocation or suspension of municipal issued marijuana license: + 1. The city manager or designee shall revoke or suspend a + license issued under this section on any of the following + grounds: + 1. The license was procured by fraudulent conduct or false + statement of a material fact or a fact concerning the + applicant was not disclosed at the time of the + application, and such fact would have constituted just + cause for refusal to issue the license; + 2. Violation of any city ordinance, state law, or + department of health regulations governing medical + marijuana; + 3. Or any acts deemed to be a public nuisance. + 2. Prior to suspension or revocation, the permittee shall be + given notice of the proposed action to be taken and shall + have an opportunity to be heard before the city manager. If + an employee has been designated by the city manager, such + employee shall make a report to the city manager together + with a recommendation as to whether the license should be + suspended or revoked. + 3. The operation of a commercial medical marijuana facility + without achieving and maintaining a current applicable + municipal issued medical marijuana business license shall be + punishable by a fine not exceeding \$500.00 and each day the + violation continues shall be deemed a separate offense. + 3. Any person or entity applying for or issued a license by the + City of Moore shall comply with all state law and department of + health rules and regulations, as may be amended from time to + time. + 4. Revocation of the state issued license shall result in immediate + revocation of the city issued license. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-1203 Medical Marijuana +Dispensary](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1203_Medical_Marijuana_Dispensary){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Medical marijuana dispensaries are hereby allowed within the municipal +boundaries of Moore, Oklahoma upon compliance of the above general +requirements, issuance of a retail medical marijuana dispensary business +license and the following additional provisions: + +1. A medical marijuana dispensary shall only be located within one of + the following zoning districts: + 1. C-2, Neighborhood Commercial District. + 2. C-3, General Commercial District. + 3. C-4, Planned Shopping Center District. + 4. C-5, Automotive and Commercial Recreation District. + 5. C-6, Central Business District. + 6. I-1, Light Industrial District. +2. Medical marijuana dispensary business license shall not be granted + to any applicant where the proposed location would be located within + 1,000 feet of any school entrance. The distance described shall be + computed by direct measurement in a straight line from the nearest + property line of the parcel of land on which the use described in + herein is located to the nearest entrance of the building or unit of + the school. +3. Conditions of operation: + 1. The retail establishment must maintain a valid sales tax permit + issued by the State of Oklahoma. + 2. No on premises use of marijuana or its derivatives shall be + allowed. + 3. Any violations of this section will result in the revocation of + the retail medical marijuana business license. +4. There shall be a business license fee and an annual renewal fee as + set forth in the city of Moore\'s fee schedule. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-1204 Commercial Medical Marijuana Growing +Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1204_Commercial_Medical_Marijuana_Growing_Facilities){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Commercial medical marijuana growing facilities are hereby allowed +within the municipal boundaries of Moore, Oklahoma upon compliance with +the general requirements above, issuance of a commercial medical +marijuana growing license and the following provisions: + +1. Commercial medical marijuana growing facilities shall only be + located within one of the following zoning districts: + 1. A-1, Rural Agriculture. + 2. A-2, Suburban Agriculture. + 3. I-1, Light Industrial. + 4. I-2, Medium Industrial. + 5. I-3, Heavy Industrial. +2. Conditions of operation: + 1. The facility shall be a secure building with limited access. The + secure area must be locked at all times. + 2. The growing area including any lighting, plumbing or electrical + components used shall comply with all building and fire codes + adopted by the State of Oklahoma and the City of Moore. + 3. The buildings/area where marijuana is grown must be properly + ventilated so as to not create humidity, mold or other related + problems and must be equipped with ventilation/air filtration + systems so that no odors are detectible off premises. +3. There shall be a business license fee and an annual renewal fee as + set forth in the city of Moore\'s fee schedule.\ + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-1205 Commercial Medical Marijuana Processing +Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1205_Commercial_Medical_Marijuana_Processing_Facility){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Commercial medical marijuana processing facilities are hereby allowed +within the municipal boundaries of Moore, Oklahoma upon compliance with +the general requirements above, issuance of a commercial medical +marijuana processing license and the following provisions: + +1. Commercial hazardous medical marijuana processing facilities shall + only be located within one of the following zoning districts: + 1. A-1, Rural Agriculture. + 2. A-2, Suburban Agriculture. + 3. I-1 - Light Industrial. + 4. I-2, Medium Industrial. + 5. I-3, Heavy Industrial. +2. Commercial non-hazardous medical marijuana processing facilities may + be located within one of the following zoning districts in addition + to the zoning districts listed in Section 8-1205(A) allowable for + commercial hazardous medical marijuana processing facilities:\ + 1. C-2, Neighborhood Commercial District\ + 2. C-3, General Commercial District\ + 3. C-4, Planned Shopping Center District\ + 4. C-5, Automotive and Commercial Recreation District\ + 5. C-6, Central Business District\ +3. Conditions of operation: + 1. Hazardous Medical Marijuana Processing facilities:\ + 1. The facility shall be a secure building with limited access. + The secure area must be locked at all times.\ + 2. The processing area including any lighting, plumbing or + electrical components used shall comply with all building + and fire codes adopted by the State of Oklahoma and the City + of Moore.\ + 3. The buildings where medical marijuana is processed must be + properly ventilated so as to not create humidity, mold or + other related problems and must be equipped with + ventilation/air filtration systems so that no odors are + detectible off premises.\ + 2. Non-hazardous Medical Marijuana Processing Facilities:\ + 1. In the C-2 through C-6 zoning districts, non-hazardous + medical marijuana processing facilities shall be limited to + no more that 25% of the gross leasable floor area and shall + be clearly incidental to the retail use of the commercial + space.\ + 2. In the C-2 through C-6 zoning districts, non-hazardous + medical marijuana processing facilities shall be limited to + rolling cigarettes, baking or cooking, and packaging.\ + 3. The processing area including any lighting, plumbing or + electrical components used shall comply with all building + and fire codes adopted by the State of Oklahoma and the City + of Moore.\ + 4. A commercial kitchen meeting all building and fire codes is + required for non0hazardous medical marijuana processing that + involves baking or cooking.\ + 5. The buildings where medical marijuana is processed must be + properly ventilated so as to not create humidity, mold or + other related problems and must be equipped with + ventilation/air filtration systems so that no odors are + detectible off premises or outside of the lease space, as + applicable.\ +4. There shall be a business license fee and an annual renewal fee as + set forth in the city of Moore\'s fee schedule. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +Amended by Ord. +[1020.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1677620270_1020.23.pdf){.k-link +target="_blank" style="color:#0000EE"} on 2/21/2023\ +* +::: + +
+ +::: phx-name +[Sec 8-1206 Medical Marijuana Testing Laboratory +Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1206_Medical_Marijuana_Testing_Laboratory_Facility){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Medical marijuana testing laboratory facilities are hereby allowed +within the municipal boundaries of Moore, Oklahoma upon compliance with +the general requirements above, issuance of a medical marijuana testing +laboratory license and the following additional requirements: + +1. Medical marijuana testing laboratory facilities shall only be + located within one of the following zoning districts: + 1. C-2, Neighborhood Commercial District. + 2. C-3, General Commercial District. + 3. C-4, Planned Shopping Center District. + 4. C-5, Automotive and Commercial Recreation District. + 5. C-6, Central Business District. + 6. I-1, Light Industrial District. +2. Conditions of operation: + 1. The facility shall be a secure building with limited access. The + secure area must be locked at all times. + 2. The area shall comply with all building and fire codes adopted + by the State of Oklahoma and the City of Moore. + 3. The buildings where medical marijuana is stored or tested must + be properly ventilated so as to not create humidity, mold or + other related problems and must be equipped with ventilation/air + filtration systems so that no odors are detectible off premises. +3. There shall be a business license fee and an annual renewal fee as + set forth in the city of Moore\'s fee schedule. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-1207 Medical Marijuana Research +Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1207_Medical_Marijuana_Research_Facility){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Medical marijuana research facilities are hereby allowed within the +municipal boundaries of Moore, Oklahoma upon compliance with the general +requirements above, issuance of a medical marijuana research license and +the following additional requirements: + +1. Medical marijuana research facilities shall only be located within + one of the following zoning districts: + 1. C-2, Neighborhood Commercial District. + 2. C-3, General Commercial District. + 3. C-4, Planned Shopping Center District. + 4. C-5, Automotive and Commercial Recreation District. + 5. C-6, Central Business District. + 6. I-1, Light Industrial District. +2. Conditions of operation: + 1. The facility shall be a secure building with limited access. The + secure area must be locked at all times. + 2. The area shall comply with all building and fire codes adopted + by the State of Oklahoma and the City of Moore. + 3. The buildings where medical marijuana is stored or where + research is being conducted must be properly ventilated so as to + not create humidity, mold or other related problems and must be + equipped with ventilation/air filtration systems so that no + odors are detectible off premises. +3. There shall be a business license fee and an annual renewal fee as + set forth in the city of Moore\'s fee schedule. + +
+ +::: phx-name +[Sec 8-1208 Medical Marijuana Education +Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1208_Medical_Marijuana_Education_Facility){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Medical marijuana education facilities are hereby allowed within the +municipal boundaries of Moore, Oklahoma upon compliance with the general +requirements above, issuance of a medical marijuana education license +and the following additional requirements: + +1. Medical marijuana education facilities shall only be located within + one of the following zoning districts: + 1. A-1, Rural Agriculture. + 2. A-2, Suburban Agriculture. + 3. I-1, Light Industrial. + 4. I-2, Medium Industrial. + 5. I-3, Heavy Industrial. +2. Conditions of operation: + 1. The facility shall be a secure building with limited access. The + secure area must be locked at all times. + 2. The area shall comply with all building and fire codes adopted + by the State of Oklahoma and the City of Moore. + 3. The buildings where medical marijuana is stored must be properly + ventilated so as to not create humidity, mold or other related + problems and must be equipped with ventilation/air filtration + systems so that no odors are detectible off premises. +3. There shall be a business license fee and an annual renewal fee as + set forth in the city of Moore\'s fee schedule. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-1209 Medical Marijuana Growing For Personal +Use](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1209_Medical_Marijuana_Growing_For_Personal_Use){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Medical marijuana growing for personal use is hereby allowed within the +municipal boundaries of Moore, Oklahoma upon compliance with the general +requirements above and the following additional provisions: + +1. All medical marijuana grown by medical marijuana patient license + holders or caregivers may only be grown on real property owned by + the patient license holder/caregiver or on real property for which + the patient license holder/caregiver has the property owner\'s + written permission to grow marijuana on the property. +2. All medical marijuana plants grown by a patient or caregiver shall + be grown so that the marijuana is not accessible to a member of the + general public. No marijuana plants shall be visible from any street + adjacent to the property. For purposes of this section, \"visible\" + means viewable by a normal person with 20/20 eyesight without the + use of any device to assist in improving viewing distance or vantage + point. +3. It is expressly prohibited to operate extraction equipment or + utilize extraction processes if the equipment or process utilizes + butane, propane, carbon dioxide or any other potentially hazardous + material in a residential property. +4. Growing medical marijuana shall not be conducted in a manner that + constitutes a public nuisance. A public nuisance may be deemed to + exist if growing marijuana produces light, glare, heat, noise, odor + or vibration that is detrimental to public health, safety or welfare + or interferes with the reasonable enjoyment of life and property. +5. The primary use of the residential property in which medical + marijuana is grown shall remain at all times a residence, with legal + and functioning cooking, eating, sleeping, and sanitation/bathing + facilities with proper ingress and egress. No room shall be used for + growing marijuana where such cultivation will impair or prevent the + primary uses of cooking, eating, sleeping or sanitation/bathing. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-1210 Legal Non-Conforming +Clause](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1210_Legal_Non-Conforming_Clause){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any commercial medical marijuana business that has filed for a + certificate of occupancy by January 1, 2020 and is in possession of + a state issued medical marijuana license indicating the business + activity being performed, yet is not zoned in compliance with the + zoning restrictions contained in this chapter, will be allowed as + legal nonconforming for purposes of the state required certificate + of compliance. +2. If the entity is not in possession of an appropriate state issued + medical marijuana license at the time of the filing of the + certificate of occupancy by the January 1, 2020 deadline, and is not + zoned in compliance with the zoning restrictions contained in this + chapter, the proposed activity will be allowed as legal + non-conforming for purposes of the state-required certificate of + compliance. The legal non-conforming status indicated on the + certificate of compliance is subject to the entity providing an + appropriate State of Oklahoma issued commercial medical marijuana + license issued to that entity at the address indicated on the + certificate of occupancy by June 1, 2020. If the entity has applied + for and has been issued a commercial remodel permit between the + dates of December 2, 2019 and June 1, 2020, the legal non-conforming + status of the entity is subject to the entity obtaining all the + needed signatures of the city by September 15, 2020 that is required + by the state\'s certificate of compliance in order for that entity + to obtain the State of Oklahoma issued medical marijuana license.\ + Once in possession of the state-issued medical marijuana license, + legal nonconforming status may continue so long as the use remains + otherwise lawful, subject to the following provisions: + 1. No such legal nonconforming use shall be moved in whole or in + part to any other portion of the lot or parcel occupied after + January 1, 2020. + 2. No such legal nonconforming use shall be enlarged or increased + or extended to occupy a greater area of land than was occupied + as of January 1, 2020. + 3. If the legal nonconforming use ceases for any reason for a + period of more than 30 days, any subsequent use of land shall + conform to the zoning regulations contained in this section. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +Amended by Ord. +[947(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350432_947%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 7/6/2020\ +* +::: + +
+ +::: phx-name +[CHAPTER 8-13 MULTI-FAMILY +CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-13_MULTI-FAMILY_CODE){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 8-1301 Adoption Of 2015 International Property Maintenance +Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1301_Adoption_Of_2015_International_Property_Maintenance_Code){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1302 Amendments To Multi-Family +Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1302_Amendments_To_Multi-Family_Code){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 8-1303 +Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1303_Notice){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 8-1301 Adoption Of 2015 International Property Maintenance +Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1301_Adoption_Of_2015_International_Property_Maintenance_Code){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby adopted that certain code known as, the 2015 +International Property Maintenance Code, as the property maintenance +code of the city for the control of multi-family dwelling structures +containing three or more units, three or more stories in height, +referred to herein as \"the multi-family code.\" Each and all of the +regulations, provisions, penalties, conditions and terms of the +multi-family code are hereby referred to, adopted and made a part hereof +as if fully set out in this Code, with the additions, insertions, +deletions and changes as prescribed herein. Not less than one copy of +this code is on file in the office of the clerk. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[919(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-1302 Amendments To Multi-Family +Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1302_Amendments_To_Multi-Family_Code){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following additions, amendments or deletions are made to the +building code adopted herein: + +Section 101.1- Insert: City of Moore + +Section 101.2- Delete existing language in this section and replace with +the following: + +The provisions of this code shall apply to all new and existing +residential multi-family structures containing three or more dwelling +units, three stories or more in height and constitute minimum +requirements and standards for premises, structures, equipment, and +facilities for light, ventilation, space, heating, sanitation, +protections from the elements, a reasonable level of safety from fire +and other hazards, and for a reasonable level of sanitary maintenance; +the responsibility of the owners, an owner\'s authorized agent, +operators and occupants; the occupancy of existing structures and +premises, and for administration, enforcement and penalties. Nothing in +this code shall be seen as a lessening of the requirements of the Moore +Municipal Code and all properties under the jurisdiction of this code +shall be required to uphold all of the provisions set out in the Moore +Municipal Code in addition to the provisions found in this code. + +Section 102.1 General: Insert the following after the last sentence: + +Where this code and the municipal code of the City of Moore conflict, it +shall be to the determination of the Community Development Director or +their designee to determine the resolution to the conflicting sections. + +Section 103.1- Delete \"department of property maintenance inspection\" +and insert \"Code Enforcement Department\" + +Section 103.5- Insert: Fee Schedule of the City of Moore as shall be +amended from time to time. + +Section 104.2- Amended to read as follows: + +The code official shall make any inspection deemed necessary by the +Community Development Director or their designee. + +Section 106.3- Delete \"of a misdemeanor or civil infraction as +determined by the local municipality, and the violation shall be +determined a strict liability offense.\" Insert \"of an offense.\" + +Section 106.4 Violation Penalty: Insert the following after the last +sentence: + +Any person, firm or corporation, who shall violate any provision of this +code upon conviction thereof shall be guilty of an offense and be +subject to a fine in an amount as provided in Section 1-108 of the Moore +Municipal Code. + +Section 107.1- Amended to read as follows: + +Whenever the code official determines that a there has been a violation +of this code or has grounds to believe that a violation has occurred, +notice shall be given in accordance with state law and the Moore City +Code. + +Section 107.2- Delete entire section + +Section 107.3- Delete entire section + +Section 107.5- Delete entire section + +Section 107.6- Delete entire section + +Section 108.1- Amended to read as follows: + +When a structure is found by the code official to be unsafe or unfit for +human occupancy or otherwise dilapidated as defined by state law, such +structure shall be declared dilapidated in accordance with Part 8, +Chapter 3 of the Moore City Code, and the provisions of that chapter +shall apply. + +Sections 108.1.1 through 108.7- Delete entire section + +Section 110- Delete entire section + +Section 111.1- Amended to read as follows: + +Any owner or operator of a building affected by the decision of the code +official shall have the right to appeal to City Council, provided that +the application is made in writing and is filed with the City Clerk +within twenty (20) days of the decision or notice. An application for +appeal shall be based on a claim that the true intent of this code has +been incorrectly applied, or the code is not applicable. + +Sections 111.2 through 111.6.2- Delete entire section + +Section 112.4- Amended to read as follows: + +Any person(s) of firm(s) who shall continue any work after having been +served with a stop work order, except such work as that person(s) or +firm(s) has been directed to perform to remove a violation or unsafe +condition, shall be guilty of an offense and upon conviction shall be +punished in accordance with Section 1-108 of the Moore City Code. Each +violation of said stop work order shall be considered a separate +offense. + +Section 302.4- Amended to read as follows: + +Premises and exterior property shall be maintained free from weeds or +plant growth in accordance with Part 8 of the Moore City Code. + +Section 302.5- Amended to read as follows: + +Premises and exterior property shall be kept free from rodent harborage +and infestation in accordance with Part 8 of the Moore City Code. + +Section 302.8- Amended to read as follows: + +*Inoperative or unlicensed vehicles shall be in accordance with Part 8 +of the Moore City Code*. + +Section 304.3- Delete \"4 inches\" Insert \"3 inches\" + +Section 304.14- Insert: + +March 15 to November 15 + +Section 309.3 Single Occupant: Delete existing language and replace with +the following: + +Reserved + +Section 402.2- Amended to read as follows: + +Every common hall and stairway shall be lighted at all times with not +less than the equivalent of a 60-watt standard bulb for each 200 square +feet of floor area, provided the spacing between light sources does not +exceed 30 feet. + +Section 404.4.1 Room Area. Delete existing language and replace with the +following: + +Every living room shall contain not less than 120 square feet and every +bedroom shall contain not less than 70 square feet. + +Section 404.5 Overcrowding: Delete sections 404.5, 404.5.1 and 404.5.2 +and replace with the following: + +Reserved + +Section 502.2 through 502.3- Delete entire section + +Section 503.2- Delete entire section + +Section 506.1- Delete: \"an approved private sewage disposal system\" + +Section 506.3- Add the following language to the end of the section: + +Grease interceptors shall be maintained in accordance with the Moore +Municipal Code + +Section 602.3- Amended to read as follows: + +Every owner or operator of any building covered by this code, shall +supply heat to the occupants thereof to maintain a minimum temperature +of 68 degrees Fahrenheit in all habitable rooms, bathrooms, and toilet +rooms. + +Section 602.4- Amended to read as follows: + +Indoor occupiable work space shall be supplied with heat to maintain a +minimum temperature of 68 degrees Fahrenheit while the space is +occupied. + +Exceptions + +1. Processing, storage and operation areas that require cooling or + special temperature conditions. +2. Areas in which persons are primarily engaged in physical activities. + +Section 604.3.1.1- Amend section by deleting Exceptions 1-4, 6-13, 15, +1-18. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[919(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2019\ +* +::: + +
+ +::: phx-name +[Sec 8-1303 +Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1303_Notice){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Nothing in the multi-family code shall be construed to negate the +applicability of the Moore City Code to any and all structures subject +to the provisions of the multi-family code. All structures under the +regulations set out in the multi-family code shall also fall under the +other requirements as set out in the Moore City Code. In situations +where there is conflict, the more stringent code shall apply as +determined by the community development director or their designee. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[919(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/7/2019\ +* +::: + +
+ +::: {.phx-name .phx-break} +[PART 9 LICENSE AND BUSINESS +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_9_LICENSE_AND_BUSINESS_REGULATIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 9-1 GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-1_GENERAL_PROVISIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 9-2 UNIFORM CODE FOR EMERGENCY MEDICAL +SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-2_UNIFORM_CODE_FOR_EMERGENCY_MEDICAL_SERVICES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 9-3 BILLIARD AND POOL +HALLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-3_BILLIARD_AND_POOL_HALLS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 9-4 CHILD CARE +ESTABLISHMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-4_CHILD_CARE_ESTABLISHMENTS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 9-5 DANCE +HALLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-5_DANCE_HALLS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 9-6 GARAGE AND RESIDENTIAL SALES AND FLEA +MARKETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-6_GARAGE_AND_RESIDENTIAL_SALES_AND_FLEA_MARKETS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 9-7 ITINERANT VENDORS AND CHARITABLE +SOLICITATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-7_ITINERANT_VENDORS_AND_CHARITABLE_SOLICITATIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 9-8 +PAWNBROKERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-8_PAWNBROKERS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 9-9 PRECIOUS METALS +DEALERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-9_PRECIOUS_METALS_DEALERS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 9-10 RECREATION CENTERS AND AMUSEMENT +DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-10_RECREATION_CENTERS_AND_AMUSEMENT_DEVICES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 9-11 WRECKERS AND TOWING +SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-11_WRECKERS_AND_TOWING_SERVICE){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 9-12 MASSAGE PARLORS AND HEALTH +SPAS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-12_MASSAGE_PARLORS_AND_HEALTH_SPAS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 9-13 +PENALTIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-13_PENALTIES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 9-14 TATTOOING, BODY PIERCING AND MEDICAL +MICROPIGMENTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-14_TATTOOING,_BODY_PIERCING_AND_MEDICAL_MICROPIGMENTATION){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 9-15 HOME +OCCUPATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-15_HOME_OCCUPATIONS){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Licenses generally, 11 O.S. §§ 22-106, +22-107.\ + +
+ +::: phx-name +[CHAPTER 9-1 GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-1_GENERAL_PROVISIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-101 Licenses Conditioned On Compliance With Code +Provisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-101_Licenses_Conditioned_On_Compliance_With_Code_Provisions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-102 Issuance Conditioned Upon Approval, Fees, Inspection Or +Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-102_Issuance_Conditioned_Upon_Approval,_Fees,_Inspection_Or_Bond){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-103 Transfer +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-103_Transfer_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-104 Issuing Officer, Signatures, Corporate +Seal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-104_Issuing_Officer,_Signatures,_Corporate_Seal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-105 Free Licenses And Rebates; Partial +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-105_Free_Licenses_And_Rebates;_Partial_Fees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-106 Expiration +Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-106_Expiration_Date){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-107 Suspension Or +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-107_Suspension_Or_Revocation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-108 Licenses And Permits, Not To Be Construed As An +Endorsement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-108_Licenses_And_Permits,_Not_To_Be_Construed_As_An_Endorsement){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-109 Renewal Of Licenses, General +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-109_Renewal_Of_Licenses,_General_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-110 Processing Fee For All Licenses, +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-110_Processing_Fee_For_All_Licenses,_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-111 License Required, +Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-111_License_Required,_Purpose){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-112 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-112_Application){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-113 +Posting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-113_Posting){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-114 Suspension Or Revocation Of Licenses Or Permits; Refusal To +Issue Licenses Or Permits; Notice And +Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-114_Suspension_Or_Revocation_Of_Licenses_Or_Permits;_Refusal_To_Issue_Licenses_Or_Permits;_Notice_And_Hearing){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-115 Weights And +Measures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-115_Weights_And_Measures){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-116 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-116_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Licenses generally, 11 O.S. §§ 22-106, +22-107.\ + +
+ +::: phx-name +[Sec 9-101 Licenses Conditioned On Compliance With Code +Provisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-101_Licenses_Conditioned_On_Compliance_With_Code_Provisions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All permits and licenses issued under the provisions of this Code for or +to any person, business, activity, device or machine shall be +conditioned upon substantial compliance by the permittee or licensee +with all provisions of this Code for the regulation and maintenance of +the public order, welfare, peace, health and safety. In addition, the +permits and licenses shall be conditioned upon strict compliance with +the provisions of this Code relating specifically to the person, +business, activity, device or machine covered by the permit or license. + +(Code 1999, § 9-101) + +
+ +::: phx-name +[Sec 9-102 Issuance Conditioned Upon Approval, Fees, Inspection Or +Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-102_Issuance_Conditioned_Upon_Approval,_Fees,_Inspection_Or_Bond){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whenever in any section any permit or license issued by an officer, +agency or department is made contingent upon the approval of another +officer, agency or department, or contingent upon the payment of any +fee, or the making of any prior inspection or examination, or the +furnishing of any bond in connection therewith, the issuance of the +permit or license shall be withheld until the approval, inspection or +examination is had or the bond provided and until the fee has been paid +as required. + +(Code 1999, § 9-102) + +
+ +::: phx-name +[Sec 9-103 Transfer +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-103_Transfer_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No license or permit issued shall be transferable nor may any license or +permit be sold, assigned, or mortgaged, except as may be specifically +authorized by this Code. No person may attempt to do business under a +license or permit transferred to him. + +(Code 1999, § 9-103) + +
+ +::: phx-name +[Sec 9-104 Issuing Officer, Signatures, Corporate +Seal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-104_Issuing_Officer,_Signatures,_Corporate_Seal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The issuing officer or agency for any license or permit shall be as +prescribed in the section authorizing and commanding it, but no license +shall be valid until signed or stamped by the city clerk or his +designated agent. + +(Code 1999, § 9-104) + +
+ +::: phx-name +[Sec 9-105 Free Licenses And Rebates; Partial +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-105_Free_Licenses_And_Rebates;_Partial_Fees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No free licenses shall be granted, nor rebates allowed, except as +specifically set forth by this Code, nor any sum accepted less than the +amount specified, nor for a shorter period than required by this Code. + +(Code 1999, § 9-105) + +
+ +::: phx-name +[Sec 9-106 Expiration +Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-106_Expiration_Date){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All annual licenses issued shall expire on April 30 or on the date + specified in this Code or on the license. +2. Where the fee prescribed and paid for is for a period less than one + year, the license shall be issued only for such period and shall + expire at the end thereof. +3. All permits shall expire upon execution of the act or activity for + which the permit was issued, or at the expiration time noted on the + permit or in this Code, whichever occurs first. + +(Code 1999, § 9-106) + +
+ +::: phx-name +[Sec 9-107 Suspension Or +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-107_Suspension_Or_Revocation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any permit or license shall be subject to suspension or revocation for +failure to comply with the terms of this Code and as may otherwise be +provided by this Code. + +(Code 1999, § 9-107) + +
+ +::: phx-name +[Sec 9-108 Licenses And Permits, Not To Be Construed As An +Endorsement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-108_Licenses_And_Permits,_Not_To_Be_Construed_As_An_Endorsement){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No permit or license shall be construed or used in any manner or by any +person as an official endorsement by the city of the person, activity or +thing licensed or permitted. + +(Code 1999, § 9-108) + +
+ +::: phx-name +[Sec 9-109 Renewal Of Licenses, General +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-109_Renewal_Of_Licenses,_General_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +For all occupations, activities or businesses regulated in this Code, no +applicant for an initial or renewal license may engage in the activity, +occupation or business regulated without issuance of the license as +provided in this chapter unless otherwise provided herein. Renewal +applications and fees must be received by the city at least ten days +prior to the expiration of the license, except where otherwise provided +by this Code, or else the applicant must proceed in the manner required +of an applicant for a new or initial license. + +(Code 1999, § 9-109 + +
+ +::: phx-name +[Sec 9-110 Processing Fee For All Licenses, +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-110_Processing_Fee_For_All_Licenses,_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All license and permit fees shall be paid in advance to the city prior +to the issuance of any license or permit. The fee, less the applicable +charge for processing the application for a permit or license, shall be +refunded to the applicant, upon demand, in case the license or permit +filed for is not granted. Except as provided otherwise in this Code, the +processing fee shall be as set by the city council by motion or +resolution. + +(Code 1999, § 9-110) + +
+ +::: phx-name +[Sec 9-111 License Required, +Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-111_License_Required,_Purpose){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to engage in, carry on, conduct, operate +or follow any of the trades, businesses, vocations, professions, +callings or activities set out in this Code, unless he has a current +license issued by the city clerk. Failure to maintain a current business +license issued by the city clerk may result in the revocation of the +certificate of occupancy issued on behalf of the business. + +(Prior Code, § 6-16, in part; Code 1999, § 9-111) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1037.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1037.23.pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/16/2023\ +* +::: + +
+ +::: phx-name +[Sec 9-112 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-112_Application){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Application for a license required by this Code shall be filed with the +city clerk and shall contain such reasonable information as he may +require, in addition to any information specifically required by other +provisions of this chapter. + +(Prior Code, § 6-17, in part; Code 1999, § 9-112) + +
+ +::: phx-name +[Sec 9-113 +Posting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-113_Posting){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Each license issued under this chapter shall be posted in a conspicuous +place where the business, vocation or calling is carried on, and the +holder of such license shall immediately show the same to any officer of +the city upon being requested so to do. + +(Code 1999, § 9-113) + +
+ +::: phx-name +[Sec 9-114 Suspension Or Revocation Of Licenses Or Permits; Refusal To +Issue Licenses Or Permits; Notice And +Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-114_Suspension_Or_Revocation_Of_Licenses_Or_Permits;_Refusal_To_Issue_Licenses_Or_Permits;_Notice_And_Hearing){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The council or other authorized official may refuse to issue or + renew a license or permit, or the licenses or permits issued + pursuant to this Code, unless otherwise provided, may be suspended + or revoked by the council or such other authorized official, + department, board or agency, where applicable, after notice and + hearing for any of the following causes: + 1. Any fraud, misrepresentations or false statements contained in + the application for permit or license; + 2. Any fraud, misrepresentation or false statement made in + connection with the selling of goods, wares, merchandise and + services; + 3. Conviction of the applicant, licensee or permittee of any crime + of misdemeanor involving moral turpitude or a violation of any + act of the state, or any law of the United States having a + reasonable relationship to the purpose and scope of the permit + or license; or + 4. Conducting the activity under this Code or any ordinance of the + city in an unlawful manner or in such a manner as to constitute + a breach of the peace or to constitute a menace to the health, + safety, morals or general welfare of the public. +2. Notice of hearing for the suspension or revocation of a license or + permit shall be in writing given by the clerk, setting forth + specifically the grounds of the complaint and the time and place of + the hearing. Service of such notice shall be made by either personal + service or by certified mail, return receipt requested, to the + applicant, licensee or permittee at the last-known address, at least + five days prior to the date set for the hearing. +3. In case of refusal to issue a permit or license or the suspension or + revocation of a license or permit as herein provided, no portion of + the application, license or permit fee shall be returned to the + applicant, licensee or permittee unless otherwise provided in this + Code or any ordinance of the city. +4. Any suspension or revocation hereunder may be either in addition to + or instead of any penalty or fine as prescribed in this Code or any + ordinance of the city. +5. The order of the council or such other authorized official, + department, board or agency, where applicable, shall be the final + municipal action for the purpose of judicial review unless otherwise + specifically provided. +6. This section is in addition to any other procedures in this Code for + license suspension or revocation. + +(Code 1999, § 9-114) + +
+ +::: phx-name +[Sec 9-115 Weights And +Measures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-115_Weights_And_Measures){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to sell or offer for sale any food, fuel, +clothing or any other commodity which does not weigh or measure fully as +much, according to standard weights or measures of the state, as the +weight or measure for which it is sold or offered for sale. + +(Code 1999, § 9-115) + +
+ +::: phx-name +[Sec 9-116 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-116_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A violation of this chapter is punishable as provided in section 1-108. + +(Code 1999, § 9-116) + +
+ +::: phx-name +[CHAPTER 9-2 UNIFORM CODE FOR EMERGENCY MEDICAL +SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-2_UNIFORM_CODE_FOR_EMERGENCY_MEDICAL_SERVICES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-201 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-201_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-202 Medical +Director](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-202_Medical_Director){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-203 Mandatory Centralized Dispatch And Primary Service Answering +Point +(P.S.A.P.)](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-203_Mandatory_Centralized_Dispatch_And_Primary_Service_Answering_Point_(P.S.A.P.)){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-204 Mandatory EMS Data System And Reporting +Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-204_Mandatory_EMS_Data_System_And_Reporting_Standards){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-205 Insurance +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-205_Insurance_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-206 Ambulance +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-206_Ambulance_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-207 Response Time Performance +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-207_Response_Time_Performance_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-208 Prohibition Against Refusal To +Transport](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-208_Prohibition_Against_Refusal_To_Transport){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-209 +Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-209_Violations){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-210 +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-210_Penalties){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Oklahoma Emergency Response Systems +Development Act, 63 O.S. § 1-2501 et seq.\ + +
+ +::: phx-name +[Sec 9-201 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-201_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Ambulance* means any vehicle which is designed and equipped to +transport ill or injured persons in a reclining position, to or from +health care facilities. + +*Base station physician* means a physician licensed to practice medicine +in the state, knowledgeable in the medical protocols, radio procedure, +and the general operating policies of the ambulance system, and a person +from whom the ambulance personnel may take medical direction by radio or +other remote communications device; and who shall be approved by the +medical director. + +*Emergency medical personnel* means those persons certified or licensed +under state law to provide one or more emergency medical services. + +*EMS* means emergency medical service. + +*EMS control center* or *control center* means the single facility which +is the central communications center from which all ambulances operating +in the service area shall be dispatched and controlled, and which +receives all 911 emergency medical calls. + +*EMT* or *emergency medical technician* and categories thereof shall +have the meaning and scope of practice ascribed by state law. + +*First responder* means any person, fire department vehicle, law +enforcement vehicle, or non-transporting ambulance unit capable of +providing appropriate first responder service, under the first responder +program administered by the medical director. + +*Helicopter rescue unit* means any rotary wing aircraft providing basic +or advanced life support and transportation of patients. + +*Medical director* means the licensed physician serving as +administrative officer in carrying out the duties in section 9-202. + +*Medical protocol* means any diagnosis-specific or problem-oriented +written statement of standard procedure, or algorithm, promulgated by +the medical director as the medically appropriate standard of +pre-hospital care for a given clinical condition. + +*Mutual aid agreement* means a written agreement between one or more +providers of emergency services, whereby the signing parties agree to +lend emergency aid to one another subject to conditions specified in the +agreement, and as approved by the medical director as to quality of care +and medical accountability. + +*Patient* means an individual who is either sick, ill, wounded, helpless +or otherwise incapacitated, and who is in need of, or at risk of +needing, medical care or assessment during transport to or from a health +care facility, and who is reclining or should be transported in a +reclining position under the applicable medical protocols. + +*Permit* means that document required to be obtained annually by each +provider of ambulance services under section 9-206. + +*Person* means and includes any individual, firm, association, +partnership, corporation, or other group or combination acting as a +unit. + +*Primary provider* means a public or private ambulance service +organization which has been designated by one or more governmental +entities to provide emergency ambulance coverage throughout a defined +geographic area. + +*Priority*. + +*Code three* means an emergent type of call. This call is made with the +use of emergency lights and sirens. An emergency call is defined as any +request for ambulance services suspected of being life or limb +threatening in nature and requiring the immediate response of an +ambulance provider. + +*Code one* means the non-emergent type of call. This call is made +without the use of emergency lights and siren. A non-emergent call is +defined as any request for routine transport that is either medically +urgent or scheduled in advance and non-life or -limb threatening in +nature. + +*Provider* means any ambulance operation granted a permit by this +jurisdiction to provide ambulance service in the service area. + +*Response time standards*. The response time for all emergency calls +will be eight minutes or less, with a reliability of 90 percent or +better, calculated, maintained and reported on a monthly basis. All +non-emergent medically urgent calls shall be services within one hour of +receipt. All scheduled transfers shall be serviced within one hour of +the scheduled time. + +*Service area* means that primary service area which is contained within +the boundaries of the municipalities which have adopted and agreed to +enforce this uniform ambulance code. + +*System standard of care* means the written body of standards and +policies governing clinical aspects of the EMS system. As used in this +context, \"system standard of care\" is a comprehensive term including: + +1. Input standards (e.g., personnel certification requirements, + in-service training requirements, equipment specifications, on-board + inventory requirements, and other requirements which the system must + fulfill before receipt of a request for service); +2. Performance standards (e.g., priority dispatching protocols and + pre-arrival instructions, medical protocols, standing orders, + response time standards, and other performance specifications + describing how the system should behave upon receipt of a request + for service); and +3. Outcome standards (e.g., results the system intends to achieve by + meeting its input and performance standards). + +*System status plan* means the dispatching plan and protocols which +determine how many ambulances will be available for dispatch, protocols +for event-driven deployment and redeployment of those ambulances. + +(Code 1999, § 9-201; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; +Ord. No. 144(96), 2-5-1996) + +
+ +::: phx-name +[Sec 9-202 Medical +Director](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-202_Medical_Director){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The medical director shall: + 1. Promulgate a system standard of care to include medical + protocols designed to achieve a state-of-the-art medical quality + of emergency medical care within the service area; + 2. Prescribe EMS data system and reporting standard by rule or + regulation; + 3. Prescribe and administer written and practical tests and + criteria for the certification and licensing of emergency + medical personnel and ambulance vehicles; + 4. Prescribe and administer a first responder and an emergency + medical technician/defibrillator (EMT/D) program. +2. The salary of the medical director shall be borne pro rata by + providers. +3. The medical director shall be provided by the primary ambulance + provider with the approval of the city council. + +(Code 1999, § 9-202; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; +Ord. No. 144(96), 2-5-1996) + +
+ +::: phx-name +[Sec 9-203 Mandatory Centralized Dispatch And Primary Service Answering +Point +(P.S.A.P.)](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-203_Mandatory_Centralized_Dispatch_And_Primary_Service_Answering_Point_(P.S.A.P.)){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All providers rendering emergency service under this chapter shall + be dispatched and controlled through the city P.S.A.P. It is + unlawful for any provider to publish or advertise any telephone + number for the purposes of receiving request for emergency ambulance + service except the emergency number (911) of the P.S.A.P. Request + for ambulance service received at the city P.S.A.P. will be + transferred to the Midwest City Emergency Operations Center. +2. The P.S.A.P. shall at all times have the authority to direct the + positioning, movements and run response of all ambulance units of + all providers at all times. The city P.S.A.P. will be notified + anytime there is not an ambulance available in the city limits. + Location and status of next available unit will also be reported to + the P.S.A.P. at this time. + +(Code 1999, § 9-203; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; +Ord. No. 144(96), 2-5-1996) + +
+ +::: phx-name +[Sec 9-204 Mandatory EMS Data System And Reporting +Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-204_Mandatory_EMS_Data_System_And_Reporting_Standards){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. As a condition of maintaining its permit in good standing, each + provider shall comply with EMS data system and reporting standards + as prescribed by the medical director. +2. Failure to comply with data system and reporting requirements, or to + keep the P.S.A.P. completely informed concerning the location and + status of all units at all times, or failure to carry out P.S.A.P. + directives shall constitute grounds for immediate suspension or + revocation of the provider\'s permit. + +(Code 1999, § 9-204; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; +Ord. No. 144(96), 2-5-1996) + +
+ +::: phx-name +[Sec 9-205 Insurance +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-205_Insurance_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Each provider shall keep in full force and effect a policy of public + liability and property damage insurance, issued by a casualty + insurance company authorized to do business in the state, with + coverage provisions insuring the public from any loss or damage that + may arise to any person or property by reason of the operation of + the provider\'s ambulance, and providing that amount of recovery + shall be in limits of not less than the following sums: + 1. For the damages arising out of bodily injury to or death of one + person in any one accident, not less than \$1,000,000.00; + 2. For damages arising out of bodily injury to or death of two or + more persons in any one accident, not less than \$1,000,000.00; + and + 3. For any injury to or destruction of property in any one + accident, not less than \$1,000,000.00. +2. Each provider shall keep in full force and effect a general + comprehensive liability and professional liability policy issued by + a casualty insurance company authorized to do business in the state, + with coverage provisions insuring the public from any loss or damage + that may arise to any person or property by reason of the actions of + the provider or any of his employees, and providing that the amount + of recovery shall be in limits of not less than \$3,000,000.00. +3. Each provider shall furnish, prior to issuance of its license, an + original and duplicate certificates of insurance which shall + indicate the types of insurance, the amount of insurance and the + expiration dates of all policies carried by the provider. Each + certificate of insurance shall name the city as an additional named + insured, and shall contain a statement by the insurer issuing the + certificate that the policies of insurance listed thereon will not + be canceled or materially altered by the insurer absent 30 days\' + written notice received by the city. +4. Cancellation or material alteration of a required insurance policy + or coverage shall automatically revoke the provider\'s permit, and + the provider shall thereupon cease and desist from further ambulance + service operations. + +(Code 1999, § 9-205; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; +Ord. No. 144(96), 2-5-1996) + +
+ +::: phx-name +[Sec 9-206 Ambulance +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-206_Ambulance_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person may provide ambulance service on an emergency or routing + transfer basis or transport or treat patients in an ambulance, + within this jurisdiction, without first obtaining a permit issued + pursuant to the provisions of this section, except for those uses + exempted below. +2. No permit shall be issued or continued in operation unless the + holder thereof has paid an annual fee in the amount previously + established by ordinance or resolution for the right to engage in + the ambulance business, and the amount established by ordinance or + resolution each year for each vehicle being a vehicle permit + authorized under ordinances. +3. No permit shall be assignable or transferable by the person to whom + issued except as herein provided. +4. No transfer or assignment of existing permits shall be effective + absent the assent and approval of the city. +5. Any transfer of shares of stock or interest of any person or + provider so as to cause a change in the directors, officers, + shareholders, or managers of such persons or provider shall be + deemed a transfer or assignment, subject to these provisions. +6. The issuance of any permit by the city shall be made only to a + provider holding a valid state permit and such permit shall be + conditioned upon written submission of an approval by the medical + director of the following items: + 1. Proforma system status plan, which shall show assumed response + time reliability based thereon; + 2. Proforma medical quality assurance plan, which shall describe + the applicant\'s medical quality assurance plan, and which shall + demonstrate the applicant\'s ability to deliver medical care + meeting the system standard of care, as promulgated by the + medical director; + 3. Proforma staffing plan, providing for staffing at not less than + the EMT/paramedic level in accordance with state statutes; + 4. Proforma equipment plan, which will show compliance with the + state department of health requirements for paramedic life + support service unit equipment and drugs. All drugs carried + shall be described in the patient care protocols and approved + for use by the medical director. In addition to the described + equipment and drugs, all units shall have the following + diagnostic equipment: + 1. Non-invasive cardiac pacemaker; + 2. Portable ventilator and demand valve; + 3. Pulse oximetry; + 4. Electronic intravenous infusion control device; + 5. Electronic blood flow detection device (Doppler); + 6. Method for blood glucose determination; + 5. Evidence of insurance, as required in section 9-205. +7. Upon approval by the medical control board of the applicant\'s + submission, the applicant shall receive a probationary permit. Such + probationary permit shall allow the applicant to provide, from the + effective date of the probationary permit, ambulance service within + this jurisdiction. +8. Each provider shall comply with its proforma system status plan and + its proforma medical quality assurance plan from the effective date + of its probationary permit. +9. During the six months of the provider\'s probationary permit, the + provider\'s response times and clinical quality of care shall be + carefully evaluated. If the provider\'s performance is consistently + and substantially within the proforma plans, and in compliance with + the terms of this chapter, such probationary permit shall become a + valid permit, renewable annually upon continual compliance with this + chapter. +10. Thereafter, chronic failure to comply with response time standards + or clinical quality of care shall be grounds to revoke the + provider\'s permit. +11. If any provider\'s permit is suspended three times within any + three-year period for failure to make required payments, such permit + shall be automatically revoked, upon the third event. +12. The Midwest City Regional Hospital Ambulance Service is hereby + granted a temporary permit which shall expire September 19, 1996, + and be issued annually as a regular permit unless terminated by + either the city or Midwest City Regional Hospital Ambulance Service + upon 60 days\' written notice of termination to the other party. + +(Code 1999, § 9-206; Ord. No. 20(92), 4-6-1992; Ord. No. 144(96), +2-5-1996) + +
+ +::: phx-name +[Sec 9-207 Response Time Performance +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-207_Response_Time_Performance_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every provider, as a condition of maintaining its permit, shall employ +sufficient personnel, acquire sufficient equipment, and manage its +resources as necessary to achieve the response time standards on all +emergency calls or requests for routine transport origination within the +city limits, received by, or referred to the provider as established in +section 9-201. The provider shall prepare and submit a monthly report +showing compliance with section 9-201. + +(Code 1999, § 9-207; Ord. No. 20(92), 4-6-1992; Ord. No. 144(96), +2-5-1996) + +
+ +::: phx-name +[Sec 9-208 Prohibition Against Refusal To +Transport](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-208_Prohibition_Against_Refusal_To_Transport){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is a violation of this chapter for any provider to fail to respond to +a call or to transport or to render emergency first aid treatment, as is +necessary, or to otherwise refuse or fail to provide any ambulance +services originating within the service area because of the patient\'s +perceived, demonstrated or stated inability to pay for such services, or +because of the location of the patient within the service area or +because of the unavailable status of any ambulance unit at the time of +the request. Chronic violation of this provision shall be grounds to +revoke a provider\'s permit. + +(Code 1999, § 9-208; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; +Ord. No. 144(96), 2-5-1996) + +
+ +::: phx-name +[Sec 9-209 +Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-209_Violations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful: + 1. To perform duties as an ambulance driver or attendant without a + current state EMT license; + 2. To permit a person to work as an ambulance driver or attendant + without a current state EMT license; + 3. To use, or cause to be used, any ambulance provider other than a + provider holding a valid permit, except those services described + in subsection (B) of this section; + 4. For any persons, firm or organization to provide ambulance + service within this jurisdiction other than a provider which is + a holder of a valid permit; + 5. To knowingly give false information to induce the dispatch of an + ambulance or helicopter rescue unit. +2. It shall be a defense to an alleged violation that the vehicle or + ambulance is: + 1. A privately-owned vehicle not ordinarily used in the business of + transporting patients who are sick, injured, wounded, + incapacitated or helpless; + 2. A vehicle rendering services as an ambulance in the event of a + major catastrophe or emergency when ambulances with permits + based in the locality of the catastrophe or emergency are + incapacitated or insufficient in number to render the services + needed; + 3. An ambulance owned or operated by the federal or state + government; + 4. An ambulance transporting a patient to a location within this + jurisdiction, which transport originated from a point outside + the service area; + 5. An ambulance responding to a call pursuant to a mutual aid + agreement with a licensed provider; + 6. An ambulance owned and operated by a hospital and used + exclusively for specialized mobile intensive care or for + inter-institutional transfers of admitted patients of the owner + hospital, provided the ambulance or helicopter rescue unit has a + valid special use permit issued by the medical director on a + need and necessity basis; + 7. A vehicle transporting a patient from a medical facility or + nursing home which is located within the service area to any + jurisdiction outside the service area, if the receiving + jurisdiction allows any ambulance service permitted hereunder to + lawfully transport patients from medical facilities or nursing + homes located within the receiving jurisdiction to a destination + within the service area. Also, a vehicle transporting a patient + to or from a medical facility or nursing home located within the + service area to or from any unincorporated or unregulated area. + +(Code 1999, § 9-209; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; +Ord. No. 144(96), 2-5-1996) + +
+ +::: phx-name +[Sec 9-210 +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-210_Penalties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any person convicted of violating any of the provisions of this + chapter shall be punished as provided in section 1-108. This penalty + does not serve to limit any other remedies available to this + jurisdiction in law or equity. +2. Each day that any violation of the provisions of this chapter is + committed or permitted to continue shall constitute a separate + offense. + +(Code 1999, § 9-217; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; +Ord. No. 144(96), 2-5-1996) + +
+ +::: phx-name +[CHAPTER 9-3 BILLIARD AND POOL +HALLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-3_BILLIARD_AND_POOL_HALLS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-301 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-301_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-302 License +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-302_License_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-303 Alcoholic Beverages; Intoxicated +Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-303_Alcoholic_Beverages;_Intoxicated_Persons){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-304 Permitted Hours Of +Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-304_Permitted_Hours_Of_Operation){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-301 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-301_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Billiard hall* or *pool hall* means a business establishment where a +charge is made for the playing of pool or billiards for profit by the +operators thereof. + +(Prior Code, § 6-56, in part; Code 1999, § 9-301) + +
+ +::: phx-name +[Sec 9-302 License +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-302_License_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A license fee per table shall be paid annually to the city clerk for a +billiard emporium license expiring April 30 of each year. + +(Prior Code, § 6-57; Code 1999, § 9-302) + +
+ +::: phx-name +[Sec 9-303 Alcoholic Beverages; Intoxicated +Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-303_Alcoholic_Beverages;_Intoxicated_Persons){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Alcoholic beverage or low-point beer may be consumed or sold on the + premises of a pool or billiard hall. +2. Intoxicated persons shall not be permitted to remain on the + premises. + +(Code 1999, § 9-303) + +
+ +::: phx-name +[Sec 9-304 Permitted Hours Of +Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-304_Permitted_Hours_Of_Operation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A billiard hall may be open during the following hours only: + +1. 6:00 a.m. until 12:00 midnight Monday through Thursday; +2. 6:00 a.m. until 2:00 a.m. Friday and Saturday; and +3. 12:00 noon until 5:00 p.m. Sunday. + +(Prior Code, § 6-59; Code 1999, § 9-304) + +
+ +::: phx-name +[CHAPTER 9-4 CHILD CARE +ESTABLISHMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-4_CHILD_CARE_ESTABLISHMENTS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-401 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-401_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-402 +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-402_Exceptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-403 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-403_License_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-404 Operation In Residential Structure Other Than Residence Of +Owner Or Operator +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-404_Operation_In_Residential_Structure_Other_Than_Residence_Of_Owner_Or_Operator_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-405 Zoning +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-405_Zoning_Restrictions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-406 +Inspections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-406_Inspections){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-407 Nonconforming +Continuation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-407_Nonconforming_Continuation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-408 +Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-408_Enforcement){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-409 Penalty For Violation Of +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-409_Penalty_For_Violation_Of_Chapter){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- State licensing of child care facilities, 10 +O.S. § 401 et seq.\ + +
+ +::: phx-name +[Sec 9-401 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-401_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Day care center* means any place, home or institution which receives +eight or more children under the age of 16 years, who are not of common +parentage, for care apart from their parents, legal guardians or +custodians, when such care is received for regular periods of time for +compensation. + +*Family day care* *home* means any place, home or institution which +receives seven or less children under the age of 16 years, who are not +of common parentage, for care apart from their parents, legal guardians +or custodians, when such care is received for regular periods of time +for compensation. + +(Prior Code, § 6-96; Code 1999, § 9-401; Ord. No. 35(92), 9-21-1992) + +
+ +::: phx-name +[Sec 9-402 +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-402_Exceptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Places, homes or institutions excepted from the definitions of a day +care center or family day care home are: + +1. Those public and private schools organized, operated or approved + under the laws of the state and regulated by the state department of + education; +2. Those where custody of the children has been fixed by a court of + competent jurisdiction; +3. Those where children are related by blood or marriage within the + third degree of the custodial person; and +4. Those public or private institutions caring for children while the + parents, legal guardians or custodians are attending services, + meetings, classes, or otherwise engaging in that institution\'s + activities to the extent such care and custody does not exceed four + hours at any one time. + +(Prior Code, § 6-96; Code 1999, § 9-402) + +
+ +::: phx-name +[Sec 9-403 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-403_License_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No day care center may be operated in the city, regardless of zoning, +without having the license of approval of the state department of human +services, and operating such under their rules and regulations. + +(Prior Code, § 6-97; Code 1999, § 9-403) + +
+ +::: phx-name +[Sec 9-404 Operation In Residential Structure Other Than Residence Of +Owner Or Operator +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-404_Operation_In_Residential_Structure_Other_Than_Residence_Of_Owner_Or_Operator_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No day care center may be operated in the city in a residential +structure unless that structure is actually the place of residence for +the owner or operator of such child care facility. + +(Prior Code, § 6-98; Code 1999, § 9-404) + +
+ +::: phx-name +[Sec 9-405 Zoning +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-405_Zoning_Restrictions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any day care center can only be operated in accordance with the city +zoning regulations. + +(Prior Code, § 6-99; Code 1999, § 9-405) + +
+ +::: phx-name +[Sec 9-406 +Inspections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-406_Inspections){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any day care center shall be open to the inspection of the director of +the health department, fire marshal and officials of the department of +human services, or their designated representatives, so long as such +inspections are made during reasonable hours of the establishment\'s +operations. + +(Prior Code, § 6-100; Code 1999, § 9-406) + +
+ +::: phx-name +[Sec 9-407 Nonconforming +Continuation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-407_Nonconforming_Continuation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any licensed day care center or child care establishment in lawful +operation on February 2, 1983, may continue in operation. + +(Prior Code, § 6-101; Code 1999, § 9-407) + +
+ +::: phx-name +[Sec 9-408 +Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-408_Enforcement){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Enforcement of this chapter shall be the responsibility of the code +enforcement officer for the city. + +(Prior Code, § 6-102; Code 1999, § 9-408) + +
+ +::: phx-name +[Sec 9-409 Penalty For Violation Of +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-409_Penalty_For_Violation_Of_Chapter){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person violating any of the foregoing provisions of this article +shall be deemed guilty of a misdemeanor and, upon conviction thereof, +shall be punished as provided in section 1-108. Each day\'s violation +thereof shall be deemed a separate offense. + +(Code 1999, § 9-409) + +
+ +::: phx-name +[CHAPTER 9-5 DANCE +HALLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-5_DANCE_HALLS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-501 +Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-501_Definition){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-502 Permit +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-502_Permit_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-503 Issuance To Persons Holding Liquor Or Beer License +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-503_Issuance_To_Persons_Holding_Liquor_Or_Beer_License_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-504 Issuance For Locations Near Churches +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-504_Issuance_For_Locations_Near_Churches_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-505 Parking Prerequisite To +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-505_Parking_Prerequisite_To_Issuance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-506 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-506_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-507 Juvenile Discos, +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-507_Juvenile_Discos,_Permit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-508 Persons Under 16, Presence +Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-508_Persons_Under_16,_Presence_Restricted){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-509 Intoxicated Persons, Liquor +Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-509_Intoxicated_Persons,_Liquor_Violations){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-510 Time Of +Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-510_Time_Of_Operation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-511 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-511_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-501 +Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-501_Definition){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Public dance hall* and *dance hall* mean and include places where the +general public is admitted, for a stipulated price, for the purpose of +dancing to music, recorded, reproduced, or otherwise provided by the +operator of the premises, for private gain or profit. The terms \"public +dance hall\" and \"dance hall\" shall not include private dances +conducted for recreational purposes and not for profit, by bona fide +lodges, posts, clubs, schools, fraternal, benevolent, or charitable +organizations; provided, however, that a juvenile disco shall not be +defined as a dance hall or public dance hall. + +(Prior Code, § 6-66; Code 1999, § 9-501) + +
+ +::: phx-name +[Sec 9-502 Permit +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-502_Permit_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is hereby declared to be unlawful for any person to operate any +public dance hall within the city limits without first having procured a +permit therefor as provided in this chapter. + +(Prior Code, § 6-67; Code 1999, § 9-502) + +
+ +::: phx-name +[Sec 9-503 Issuance To Persons Holding Liquor Or Beer License +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-503_Issuance_To_Persons_Holding_Liquor_Or_Beer_License_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Permits for public dance halls shall be issued by the city clerk and it +shall be unlawful for any person to procure from the clerk a permit, or +for the city clerk to issue a permit, to any person to operate or +maintain a dance hall in any building or room in the city limits who +holds a license or receipt issued by the United States or the state +authorizing the sale of alcoholic beverages or low-point beer or +covering any premises occupied or used by any person holding a license +or receipt issued for any such purpose. + +(Prior Code, § 6-68; Code 1999, § 9-503) + +
+ +::: phx-name +[Sec 9-504 Issuance For Locations Near Churches +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-504_Issuance_For_Locations_Near_Churches_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It shall be unlawful for any person to procure from the city clerk a +permit, or for the city clerk to issue a permit to any person to operate +or maintain a public dance hall in any building or room within the +corporate limits which is situated within 1,000 feet of any church, or +regular place of religious worship. + +(Prior Code, § 6-69; Code 1999, § 9-504) + +
+ +::: phx-name +[Sec 9-505 Parking Prerequisite To +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-505_Parking_Prerequisite_To_Issuance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Before any permit is issued to any person for the conduct of a public +dance hall, as defined in this chapter, the applicant for such license +shall exhibit to the city clerk the lease agreement or rental contract +covering the period of time for which such license is to be issued, +describing the premises leased or rented to the applicant, and revealing +the number of square feet of floor area normally used for dancing +purposes and the number of square feet leased or rented for parking +facilities. No permit shall be issued unless it shall affirmatively +appear to such clerk that the applicant can meet the city\'s off-street +parking requirements. + +(Prior Code, § 6-70; Code 1999, § 9-505) + +
+ +::: phx-name +[Sec 9-506 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-506_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Before a permit is issued to any person for the operation of a public +dance hall, he shall pay to the city clerk a permit fee per year for +each and every dance hall to be operated in the city. Such license shall +begin and end with the fiscal year and shall expire at 12:00 midnight +June 30 of each succeeding year and shall not be issued for less than +one year and the payment of the fee thereof. No permit issued by virtue +of the provisions of this chapter shall be assigned to any other person. + +(Prior Code, § 6-71; Code 1999, § 9-506) + +
+ +::: phx-name +[Sec 9-507 Juvenile Discos, +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-507_Juvenile_Discos,_Permit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful for any person to operate a juvenile disco within the + city limits without first having procured a permit therefor as + herein provided. +2. Before a permit is issued to any person for the operation of a + juvenile disco, the applicant shall pay to the city clerk a permit + fee per year for each and every juvenile disco to be operated in the + city. Such license or permit shall begin and end with the fiscal + year and shall expire at 12:00 midnight June 30 of each succeeding + year. No permit or license shall be assigned and such license shall + be revoked and canceled by the municipal judge upon conviction more + than once of a violation of the terms of this chapter. +3. The provisions of this chapter, except the age limitation of section + 9-508, are applicable to, and are to be observed by, juvenile + discos. It shall be a violation to not comply with the terms + thereof. +4. Juvenile discos shall operate only on Friday from 6:00 p.m. to 12:00 + midnight and on Saturday from 6:00 p.m. to 12:00 midnight. + +(Code 1999, § 9-507) + +
+ +::: phx-name +[Sec 9-508 Persons Under 16, Presence +Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-508_Persons_Under_16,_Presence_Restricted){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person operating a dance hall in the city, who +has been issued a permit as provided in this chapter, to permit any +person under the age of 16 years to resort to, be in or dance in such +place unless accompanied by a parent or guardian. + +(Prior Code, § 6-73; Code 1999, § 9-508) + +
+ +::: phx-name +[Sec 9-509 Intoxicated Persons, Liquor +Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-509_Intoxicated_Persons,_Liquor_Violations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person operating a dance hall in the city, who +has been issued a permit as provided in this chapter to: + +1. Permit any intoxicated person to be in, or dance therein; +2. Permit any person to violate any of the laws known as prohibitory + liquor laws; +3. Permit any person to violate any state or federal or city law or + ordinance pertaining to the regulation, sale or disposition of + nonintoxicating beverages; and +4. Permit any person to bring on such premises operated as a dance hall + alcoholic beverages or low-point beer, or drink or consume alcoholic + beverages or low-point beer on or about such premises. + +(Prior Code, § 6-74; Code 1999, § 9-509) + +
+ +::: phx-name +[Sec 9-510 Time Of +Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-510_Time_Of_Operation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All persons operating dance halls within the corporate limits of the +city shall close their place of business at 12:00 midnight and shall not +reopen for business before 8:00 a.m., except Sundays, and on Sundays +such business shall be closed at 12:00 midnight Saturday and remain +closed until 8:00 a.m. on Monday following and shall not permit any +dancing of any kind during the hours herein specified as closing hours. + +(Prior Code, § 6-75; Code 1999, § 9-510) + +
+ +::: phx-name +[Sec 9-511 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-511_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any violation of this chapter is punishable as provided in section +1-108. + +(Code 1999, § 9-511) + +
+ +::: phx-name +[CHAPTER 9-6 GARAGE AND RESIDENTIAL SALES AND FLEA +MARKETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-6_GARAGE_AND_RESIDENTIAL_SALES_AND_FLEA_MARKETS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 9-6A RESIDENTIAL +SALES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6A_RESIDENTIAL_SALES){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 9-6B FLEA +MARKETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6B_FLEA_MARKETS){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 9-6A RESIDENTIAL +SALES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6A_RESIDENTIAL_SALES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-601 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-601_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-602 One License Required Per Location; +Eligibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-602_One_License_Required_Per_Location;_Eligibility){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-603 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-603_Application){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-604 Issuance; Term; +Investigation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-604_Issuance;_Term;_Investigation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-605 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-605_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-606 Revocation Or +Refusal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-606_Revocation_Or_Refusal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-607 Interval Between +Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-607_Interval_Between_Sales){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-608 +Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-608_Signs){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-609 Display Of +Goods](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-609_Display_Of_Goods){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-610 Persons Exempt From +Article](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-610_Persons_Exempt_From_Article){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-611 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-611_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-601 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-601_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Residential sale* means any sale or what is held out to be or is +commonly known as a garage, porch, room, backyard, front yard or patio +sale or any other type of general sale conducted from or on any premises +not located in a zoning district which permits such sales, where goods +or articles of any type are held out for sale to the public. This +definition shall not include a situation where specific items are held +out for sale and all advertisement of such sale specifically names the +items to be sold. + +(Prior Code, § 6-321; Code 1999, § 9-601) + +
+ +::: phx-name +[Sec 9-602 One License Required Per Location; +Eligibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-602_One_License_Required_Per_Location;_Eligibility){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful for any person to hold, conduct, engage in or + participate in any manner in a residential sale without first having + obtained a license as provided for in this chapter. +2. The issuance of a license under the provisions of this chapter shall + not exempt such persons from the terms and provisions of other + ordinances or laws. +3. A separate license shall be required for each location at which a + residential sale is to be held. +4. No location shall be eligible for more than one license in any + three-month period unless there has been a change in the lawful + possession of such location. +5. In the event of rain or other seriously inclement weather + conditions, the applicant may return the garage sale license to the + city for a rain check. A rain check shall be used within the 21-day + period and following the dates initially scheduled for the garage + sale and only one rain check will be allowed within a three-month + period. + +(Prior Code, § 6-322; Code 1999, § 9-602; Ord. No. 487(89), 6-5-1989; +Ord. No. 78(94), 3-7-1994) + +
+ +::: phx-name +[Sec 9-603 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-603_Application){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +An applicant for a license shall furnish the city clerk with the +following information: + +1. Full name and address of the applicant; +2. The location at which the proposed residential sale is to be held; + and +3. The dates upon which the sale is to be held. + +(Prior Code, § 6-323; Code 1999, § 9-603; Ord. No. 78(94), 3-7-1994) + +
+ +::: phx-name +[Sec 9-604 Issuance; Term; +Investigation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-604_Issuance;_Term;_Investigation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city clerk is hereby authorized to grant a license for a + residential sale for a period not to exceed three consecutive days + to any person applying who otherwise complies with the requirements + of this article and ordinances of the city. +2. If a residential sale is not held on the dates for which the license + is issued or is terminated during the first day of the sale because + of inclement weather conditions, and an affidavit by the license + holder to this effect is submitted, the city clerk may issue another + license to the applicant for a residential sale to be conducted at + the same location within 21 days from the date when the first sale + was to be held. +3. Before issuing a residential sale license, the city clerk may + conduct such investigation as may reasonably be necessary to + determine if there is compliance with this article or city + ordinances. + +(Prior Code, § 6-325; Code 1999, § 9-604; Ord. No. 57(93), 7-6-1993; +Ord. No. 78(94), 3-7-1994) + +
+ +::: phx-name +[Sec 9-605 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-605_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +For the purpose of helping to defray the cost of inspection and +enforcement of this article, there is hereby levied a fee for +residential sale licenses in the amount as set by the council by motion +or resolution. + +(Code 1999, § 9-605; Ord. No. 487(89), 6-5-1989) + +
+ +::: phx-name +[Sec 9-606 Revocation Or +Refusal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-606_Revocation_Or_Refusal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any license issued under this article may be revoked or any application +for issuance of a license may be refused by the city clerk if the +application submitted by the applicant or license holder contains any +false, fraudulent or misleading statement. + +(Prior Code, § 6-326; Code 1999, § 9-606) + +
+ +::: phx-name +[Sec 9-607 Interval Between +Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-607_Interval_Between_Sales){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall hold, conduct or engage in or participate in any manner +or allow a residential sale to be held or conducted on premises under +his control or ownership more than one time in any three-month period, +subject, however, to the exceptions allowed in this article. + +(Prior Code, § 6-327; Code 1999, § 9-607; Ord. No. 78(94), 3-7-1994) + +
+ +::: phx-name +[Sec 9-608 +Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-608_Signs){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Not more than five signs shall be used for the purpose of + advertising, or otherwise calling attention to, a residential sale + licensed under this article, and only signs as provided by the city, + upon issuance of the residential sale permit, shall be allowed. One + sign shall be located on the immediate premises where the sale is to + be conducted. The remaining four signs may be located off the + immediate premises where the sale is to be conducted. Such signs + shall only be erected in accordance with the instructions issued by + the city\'s building department. +2. All signs advertising the residential sale must be removed within 48 + hours after the residential sale license has expired. Failure to + remove the signs within 48 hours will result in a fine as provided + in section 1-108. + +(Code 1999, § 9-608; Ord. No. 487(89), 6-5-1989; Ord. No. 78(94), +3-7-1994) + +
+ +::: phx-name +[Sec 9-609 Display Of +Goods](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-609_Display_Of_Goods){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The sale area of any residential sale shall be confined to the premises +for which the license has been issued. + +(Code 1999, § 9-609; Ord. No. 487(89), 6-5-1989) + +
+ +::: phx-name +[Sec 9-610 Persons Exempt From +Article](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-610_Persons_Exempt_From_Article){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions of this article shall not apply to or affect the +following persons: + +1. Persons acting pursuant to an order or process of a court of + competent jurisdiction; +2. Persons acting in accordance with their powers and duties as public + officials; or +3. Duly licensed auctioneers selling at auction. + +(Prior Code, § 6-330; Code 1999, § 9-610) + +
+ +::: phx-name +[Sec 9-611 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-611_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person who violates this article shall be punished by fine as +provided in section 1-108. + +(Code 1999, § 9-611) + +
+ +::: phx-name +[ARTICLE 9-6B FLEA +MARKETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6B_FLEA_MARKETS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-621 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-621_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-622 License Provisions, Requirements, And +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-622_License_Provisions,_Requirements,_And_Restrictions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-623 Unlawful +Transactions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-623_Unlawful_Transactions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-624 Sales Tax +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-624_Sales_Tax_Permit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-625 Zoning +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-625_Zoning_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-626 Site +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-626_Site_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-627 Water Supply +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-627_Water_Supply_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-628 Restroom And Sewage +Disposal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-628_Restroom_And_Sewage_Disposal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-629 Refuse +Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-629_Refuse_Control){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-630 Insect And Rodent +Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-630_Insect_And_Rodent_Control){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-631 Fire +Protection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-631_Fire_Protection){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-632 Public Address +Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-632_Public_Address_Systems){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-633 Sales After +Dark](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-633_Sales_After_Dark){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-634 Sales Of Animals, Outdoor Flea +Market](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-634_Sales_Of_Animals,_Outdoor_Flea_Market){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-635 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-635_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-621 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-621_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Flea market* means a market, indoors or out of doors, where new or used +items are sold from individual locations, with each location being +operated independently from the other locations. Items sold include, but +are not limited to, household items, antiques, rare items, decorations, +used books and used magazines. + +*Flea market seller* means a person, firm or corporation selling items +or offering items for sale at a flea market. + +*Market* means a place where goods are sold to the public. + +(Code 1999, § 9-621; Ord. No. 46(93), 2-1-1993) + +
+ +::: phx-name +[Sec 9-622 License Provisions, Requirements, And +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-622_License_Provisions,_Requirements,_And_Restrictions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person, firm or corporation shall operate the business of renting + space or allocating space to flea market sellers without first + obtaining a flea market operator\'s license therefor. Applications + for licenses shall be made to the city clerk on forms provided by + the city clerk. All flea market operator\'s license applications + shall be submitted to the city clerk and shall be subject to + background checks by the city police department and by the community + development director for site approval. Each license shall be for a + period of one year and no license issued pursuant to this section + shall be transferred or assigned to any other person or firm. The + fee for the license shall be that found in the schedule of fees and + charges. +2. Each flea market operator required by this article to obtain a + license shall keep accurate records of names, addresses, and + drivers\' license numbers, including state of issuance, for each + flea market seller, together with a brief description of the types + of merchandise offered for sale by that seller. These records shall + be provided to the city on at least a monthly basis. +3. No person, firm or corporation operating a secondhand store shall be + required to obtain a license under this article for the same + business location. +4. Any person, firm or corporation renting or allocating space to flea + market sellers in more than one place of business shall be required + to obtain a license for each place of business, provided that one + license shall be adequate for locations that are on the same lot. + +(Code 1999, § 9-622; Ord. No. 46(93), 2-1-1993; Ord. No. 48, 2-16-1993) + +
+ +::: phx-name +[Sec 9-623 Unlawful +Transactions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-623_Unlawful_Transactions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall sell or offer for sale at any flea market any goods +known to such person to be stolen. + +(Code 1999, § 9-623; Ord. No. 46(93), 2-1-1993) + +
+ +::: phx-name +[Sec 9-624 Sales Tax +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-624_Sales_Tax_Permit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +An individual vendor or seller shall be required to apply for and obtain +any required sales tax permit from the state tax commission. The permit +shall be displayed in a prominent place during all business hours. + +(Code 1999, § 9-624; Ord. No. 46(93), 2-1-1993) + +
+ +::: phx-name +[Sec 9-625 Zoning +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-625_Zoning_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A flea market shall be permitted only in a district as provided in the +city\'s zoning ordinance. + +(Code 1999, § 9-625; Ord. No. 46(93), 2-1-1993) + +
+ +::: phx-name +[Sec 9-626 Site +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-626_Site_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Flea market booths generally*. Flea market booths or individual + selling areas shall be located on individual stands and all outdoor + displays shall be of a type that can easily be moved and stored out + of sight. +2. *Site improvement requirements for outdoor flea markets*. + 1. The condition of soil, groundwater level, drainage and + topography shall not create hazards to the property or the + health or safety of the occupants. The site shall not be exposed + to objectionable smoke, noise, odors or other adverse + influences, and no portion subject to unpredictable or sudden + flooding or erosion shall be used for any purpose which would + expose persons or property to hazards; + 2. For outdoor flea markets, exposed ground surfaces in all parts + of every flea market shall be paved, or covered with stone + screenings, or other solid materials; and + 3. For outdoor flea markets, the ground surface in all parts of + every flea market shall be graded and equipped to drain all + surface water in a safe, efficient manner in order to eliminate + water pockets, low areas or bogs. +3. *Setbacks, buffer strips and screening for outdoor flea markets*. + 1. All outdoor flea markets shall be located at least 25 feet from + any public street or highway right-of-way and at least 20 feet + from the exterior property boundary lines; and + 2. All outdoor flea markets adjacent to residential uses shall be + provided with screening of a well-maintained opaque fence along + the boundary line separating the market and adjacent zoning and + uses. Such screening shall be eight feet in height. +4. *Street and parking requirements for flea markets*. + 1. All flea markets shall be provided with safe and convenient + vehicular access from abutting public streets or roads or + highways; + 2. Access to flea markets shall be designated to minimize + congestion and hazards at the entrance or exit and allow free + movement of traffic on adjacent streets; + 3. Off-street parking areas shall be provided in all flea markets. + Such areas shall be furnished at the rate of 5 1/2 spaces per + 1,000 square feet of gross sales area. +5. *Walks, general requirements*. All flea markets shall be provided + safe, convenient, all-season, dust-free, pedestrian access of + adequate width for intended use, durable and convenient to maintain. + Sudden changes in alignment and gradient shall be avoided. +6. *Identification*. Each booth or table shall be numbered. + +(Code 1999, § 9-626; Ord. No. 46(93), 2-1-1993) + +
+ +::: phx-name +[Sec 9-627 Water Supply +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-627_Water_Supply_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. An accessible, adequate, safe and potable supply of water shall be + provided in each flea market. Where a public supply of water of + satisfactory quantity, quality and pressure is available, connection + shall be made to it and its supply used exclusively. When a + satisfactory public water supply is not available, a private water + supply system may be developed and used as approved by the state + department of health in accordance with rules and regulations for + water supply quality control. +2. The water supply system of the flea market shall be constructed and + connected in accordance with the plumbing code of the city. + +(Code 1999, § 9-627; Ord. No. 46(93), 2-1-1993) + +
+ +::: phx-name +[Sec 9-628 Restroom And Sewage +Disposal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-628_Restroom_And_Sewage_Disposal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. There shall be a minimum of one central restroom facility located on + the premises. Within that central restroom there shall be separate + facilities for men and women. +2. Hot and cold water shall be furnished to every lavatory and sink; + cold water shall be furnished to every water closet and urinal. +3. Restrooms shall contain the minimum number of fixtures as required + by the plumbing code of the city. +4. An adequate and safe sewage system shall be provided in all flea + markets for conveying and disposing of all sewage. Such system and + connection shall be designed, constructed and maintained in + accordance with the provisions of the plumbing code and sewer use + ordinances of the city. + +(Code 1999, § 9-628; Ord. No. 46(93), 2-1-1993) + +
+ +::: phx-name +[Sec 9-629 Refuse +Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-629_Refuse_Control){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There shall be enough trash cans, lined with plastic containers, to +accommodate all the trash thrown away on the premises. All trash shall +be removed at least at the end of each day during which the flea market +is open. + +(Code 1999, § 9-629; Ord. No. 46(93), 2-1-1993) + +
+ +::: phx-name +[Sec 9-630 Insect And Rodent +Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-630_Insect_And_Rodent_Control){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Grounds, buildings and structures shall be maintained free of insect and +rodent harborage and infestation. + +(Code 1999, § 9-630; Ord. No. 46(93), 2-1-1993) + +
+ +::: phx-name +[Sec 9-631 Fire +Protection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-631_Fire_Protection){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Flea markets shall be kept free of litter, rubbish and other + flammable materials. +2. Portable fire extinguishers shall be kept in all buildings and shall + be maintained in good operating condition. + +(Code 1999, § 9-631; Ord. No. 46(93), 2-1-1993) + +
+ +::: phx-name +[Sec 9-632 Public Address +Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-632_Public_Address_Systems){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Except for emergencies, the use of outdoor public address systems shall +be prohibited nor shall there by any outdoor music or other forms of +entertainment designed to entertain or attract the public in general. +This provision is not intended to prohibit a vendor from the private +listening of a radio or other music device, so long as the use of such +device does not violate the city\'s noise ordinance. + +(Code 1999, § 9-632; Ord. No. 46(93), 2-1-1993) + +
+ +::: phx-name +[Sec 9-633 Sales After +Dark](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-633_Sales_After_Dark){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There shall be no outdoor sales 30 minutes after sunset. The official +times for sunset and sunrise maintained by the National Weather Service +shall be used to determine sunset. + +(Code 1999, § 9-633; Ord. No. 46(93), 2-1-1993) + +
+ +::: phx-name +[Sec 9-634 Sales Of Animals, Outdoor Flea +Market](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-634_Sales_Of_Animals,_Outdoor_Flea_Market){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There shall be no selling or showing of animals of any kind on the +outdoor premises of any flea market or from any outdoor booth. + +(Code 1999, § 9-634; Ord. No. 46(93), 2-1-1993) + +
+ +::: phx-name +[Sec 9-635 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-635_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person, firm or corporation violating any provision of this article +shall be, upon conviction, subject to the penalties as provided in +section 1-108. A separate offense shall be deemed committed on each day +during or on which a violation occurs or continues. + +(Code 1999, § 9-635; Ord. No. 46(93), 2-1-1993) + +
+ +::: phx-name +[CHAPTER 9-7 ITINERANT VENDORS AND CHARITABLE +SOLICITATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-7_ITINERANT_VENDORS_AND_CHARITABLE_SOLICITATIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 9-7A ITINERANT +VENDORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7A_ITINERANT_VENDORS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 9-7B CHARITABLE +SOLICITATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7B_CHARITABLE_SOLICITATIONS){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 9-7A ITINERANT +VENDORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7A_ITINERANT_VENDORS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-701 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-701_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-702 License Required, Blanket +Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-702_License_Required,_Blanket_Licenses){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-703 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-703_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-704 Application For +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-704_Application_For_License){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-705 Investigation, Approval Or +Disapproval](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-705_Investigation,_Approval_Or_Disapproval){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-706 Bond For +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-706_Bond_For_License){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-707 Service Of +Process](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-707_Service_Of_Process){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-708 Sale Of +Foods](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-708_Sale_Of_Foods){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-709 Identification Tag Or Badge, +Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-709_Identification_Tag_Or_Badge,_Display){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-710 +Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-710_Hours){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-711 +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-711_Exceptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-712 Provisions +Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-712_Provisions_Cumulative){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-713 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-713_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-701 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-701_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Commercial* means soliciting for a business purpose which is intended +to be for profit and is not intended to be charitable, religious, +not-for-profit or political. + +*Itinerant* means having no regular place of doing business or +soliciting in the city and includes, but is not limited to, making +regular delivery or providing goods over an established route through +the city. + +*Peddler* means a person soliciting commercial orders for goods or +services which are to be provided from stocks or goods carried with the +peddler or which are services provided by the peddler at the time the +order is made. + +*Soliciting* means and includes any one or more of the following +activities: + +1. Seeking to obtain orders for the purchase of goods, wares, + merchandise, food stuffs, or services, of any kind, character or + description whatever, for any kind of consideration whatever; +2. Seeking to obtain prospective customers for application or purchase + of insurance of any type, kind or publication; +3. Seeking to obtain subscriptions to books, magazines, periodicals, + newspapers and every other type or kind of publication; or +4. Seeking to obtain gifts or contributions of money, clothing or any + other valuable thing for the support or benefit of any charitable or + nonprofit association, organization, corporation or project. + +*Solicitor* means a person soliciting and includes a person soliciting +commercial orders for goods or services which are to be provided or +shipped to the consumer at a later date. + +*Vendor* means any person engaged in a business or occupation selling or +offering to sell any merchandise, product or service, and includes, but +is not limited to, peddlers and solicitors. + +(Prior Code, § 6-431, in part; Code 1999, § 9-701) + +**State Law reference**--- State peddlers licenses, 47 O.S. § 434; +ex-servicemen exempted if certified by district court, 72 O.S. § 1. + +
+ +::: phx-name +[Sec 9-702 License Required, Blanket +Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-702_License_Required,_Blanket_Licenses){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any itinerant vendor, solicitor or peddler shall obtain a license from +the city prior to any soliciting in the city, unless exempted herein, to +cover each person who will be soliciting and each location or separate +place of business. + +(Prior Code, § 6-441, in part; Code 1999, § 9-702) + +
+ +::: phx-name +[Sec 9-703 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-703_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The fee for licenses herein required shall be as set by the city council +by motion or resolution. The fees may be waived for educational, +charitable, or religious groups, qualifying as 501(c)(3) organizations +who make house to house solicitations. + +(Prior Code, § 6-444, in part; Code 1999, § 9-703) + +
+ +::: phx-name +[Sec 9-704 Application For +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-704_Application_For_License){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Applicants for licenses shall file during regular business hours a +written application signed by the applicant, if an individual, by all +partners, if a partnership, and by a qualified corporate officer, if a +corporation, with the licensing officer, on a form prescribed by the +licensing officer. The licensing officer may require the following: + +1. Name and address of the persons having the management or supervision + of the applicant\'s business during the time that it is proposed to + be carried on in the city; the location or address of such persons + when engaged in such business; the permanent addresses of such + persons; the capacity in which such persons will act; and the name + and address of the person, firm or corporation for whose account the + business will be carried on, if any, and if a corporation, under the + laws of what state the same is incorporated; +2. The places in the city within the proper zoning classification where + it is proposed to carry on the applicant\'s business and the length + of time during which it is proposed that the business be conducted; +3. Places, other than permanent place of business of the applicant, + within the six months next preceding the date of the application, + where the applicant has conducted a transient business; +4. The nature of the goods or products being sold, that is whether they + are seconds, rejects or first-line quality, and whether any warranty + applies to the items being sold; if a warranty applies, the period + of the warranty and the name and address of the warrantor and the + procedures for filing for the adjustment of refund shall be + specified; +5. A statement that the applicant agrees to the requirement to pay all + state and city sales taxes due on all items which are subject to + sales taxes and recognizes that a copy of all applications will be + provided to the local office of the state tax commission; +6. Current state sales tax permit number; +7. Current license or permit, if any, which may be required by state + law or ordinances of the city for the particular activity or + business; +8. If a motor vehicle is to be used in the business, a description of + the vehicle, together with motor vehicle registration number and the + license number for the vehicle, and: + 1. Proof of liability insurance required by state law; and + 2. Proof or verification from the insurance carrier that the city + clerk will be provided at least ten days\' notice of any + cancellation; and +9. Proof of 501(c)(3) tax status if claiming exemption from the license + fees. + +(Prior Code, §§ 6-442, 6-443, in part; Code 1999, § 9-704) + +
+ +::: phx-name +[Sec 9-705 Investigation, Approval Or +Disapproval](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-705_Investigation,_Approval_Or_Disapproval){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All applications for licensing or registration shall be immediately + referred for investigation as to the truth thereof, which + investigation shall be conducted within ten business days after the + application and fee are deposited with the city. +2. If the city finds no past history of the applicant indicating + violations of this Code and that the application is properly made + and truthful, a license shall be issued to the approved applicant + upon payment of the fee therefor and the filing of the required + bond. +3. In all matters of denial of the license or registration, the + applicant shall be forthwith advised thereof. The applicant shall be + advised that an appeal of a denied license may be submitted to the + city council. + +(Code 1999, § 9-705) + +
+ +::: phx-name +[Sec 9-706 Bond For +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-706_Bond_For_License){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Before any license as provided by this article shall be issued, such + applicant shall file a bond running to the city. A person engaging + in business as an itinerant vendor shall file a bond in the sum set + forth in the bond schedule, secured by the applicant as principal + and two sureties upon whom service of process may be made in the + state. +2. All such bonds shall be approved by the city attorney and + conditioned that: + 1. The applicant shall comply with all of the provisions of the + ordinances of the city and the statutes of the state regulating + and concerning the sale of goods or wares and merchandise; and + 2. The applicant will pay all judgments rendered against the + applicant for any violation of the ordinances or statutes, or + any of them, together with all judgments and costs that may be + recovered against him by any persons for damage growing out of + any misrepresentation or deceptive practice by any person + transacting such business with such applicant, whether such + misrepresentation or deception were made or practiced by the + owner or by their service, agents or employees, either at the + time of making the sale or through any advertisement of any + character whatsoever, printed or circulated with reference to + the goods, wares and merchandise sold or any part thereof. Any + action on the bond may be brought in the name of the city to the + use of the aggrieved person. + +(Prior Code, § 6-443, in part; Code 1999, § 9-706) + +
+ +::: phx-name +[Sec 9-707 Service Of +Process](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-707_Service_Of_Process){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Before any license for an itinerant vendor, as herein provided, shall be +issued, such applicant shall file with the city an instrument nominating +and appointing the city clerk his true and lawful agent, with full power +and authority to acknowledge service of notice of process for and on +behalf of the applicant in respect to any matters connected with or +arising out of the business transaction under the license and the bond +given as required by this article, or for the performance of the +conditions of the bond or for any breach thereof. The instrument shall +also contain recitals to the effect that the applicant for the license +consents and agrees that service of any notices or process may be made +upon the agent and when so made shall be taken and held to be as valid +as if personally served on the persons applying for the license under +this article, according to the laws of the state or any other state and +waiving all claims or right of error by reason of such acknowledgement +of service or manner of service. Immediately upon service of process +upon the city clerk, as herein provided, the city clerk shall send to +the licensee at his last-known address, by certified mail, a copy of the +notice. + +(Code 1999, § 9-707) + +
+ +::: phx-name +[Sec 9-708 Sale Of +Foods](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-708_Sale_Of_Foods){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All applicants for a license to sell foods and merchandise for human + or animal consumption shall have their application for a license + approved in accordance with the applicable state food establishment + requirements before the licenses are issued. +2. The sale of foods requires an individual license not covered by + blanket licenses. + +(Code 1999, § 9-708) + +
+ +::: phx-name +[Sec 9-709 Identification Tag Or Badge, +Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-709_Identification_Tag_Or_Badge,_Display){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +At all times there shall be posted in a conspicuous place upon each: + +1. Licensee if an individual; +2. Vehicle or booth used by a licensee; or +3. Building or premises as appropriate for blanket licenses; + +a badge, tag or card issued by the city as proof of issuance of a +license. The card, tag or badge shall state the name of the licensee and +the date of expiration of the license. Blanket licenses shall be +displayed and readily available for inspection by the city. + +(Code 1999, § 9-709) + +
+ +::: phx-name +[Sec 9-710 +Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-710_Hours){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In order to protect the public health, safety and welfare, no person may +engage in soliciting from house to house in residential areas of the +city between the hours of 8:00 p.m. and 8:00 a.m. + +(Prior Code, § 6-432, in part; Code 1999, § 9-710) + +
+ +::: phx-name +[Sec 9-711 +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-711_Exceptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following are exempt from the license requirements of this + article: + 1. Sale or delivery of newspapers, or any news gathering activity + performed by a news medium; + 2. Any regularly established business which uses vehicles from + which to sell in front of or in the vicinity of its own + permanent location; + 3. Bona fide auction sales; + 4. The sale of farm, dairy, garden or agricultural products by + persons who produced and raised the products on lands owned or + controlled by them; + 5. Trunk showings or temporary events by existing local merchants + outside of their existing locations; + 6. Wholesalers selling to dealers or existing established local + businesses; + 7. Solicitation of information for a legitimate citywide + distributed telephone directory or similar book; or + 8. Solicitation conducted by public school children for the + purposes of financing extracurricular, social, athletic, + artistic, scientific, or cultural programs, which shall include, + but shall not be restricted to, solicitation for band and + athletic uniforms, scientific or artistic implements and + literary matters; however, no such solicitation shall be immune + from regulation under this article unless the solicitation shall + have been approved by the principal of the school where the + children are in attendance. +2. Any person who desires to be exempt from the license fees levied + under this article due to engaging in interstate commerce shall + provide sufficient data on transactions and proof to the city to + establish the interstate commerce nature of his business and + transactions. If the city refuses to issue an interstate commerce + exemption for the license fees to a commercial business activity, + then the applicant is entitled to a hearing before the city judge. + +(Prior Code, §§ 6-19, 6-434, in part; Code 1999, § 9-711; Ord. No. 551, +4-1-1991) + +
+ +::: phx-name +[Sec 9-712 Provisions +Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-712_Provisions_Cumulative){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The requirements of this article are cumulative to any provisions of +state law or city ordinances regulating or governing any of the +activities licensed herein. In the case of any conflict between the +provisions of this article and those of any other city ordinance or +state law, the more restrictive requirements shall apply. + +(Code 1999, § 9-712) + +
+ +::: phx-name +[Sec 9-713 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-713_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person violating any of the provisions of this article shall, upon +conviction thereof, be punished as provided in section 1-108. + +(Code 1999, § 9-713) + +
+ +::: phx-name +[ARTICLE 9-7B CHARITABLE +SOLICITATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7B_CHARITABLE_SOLICITATIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-721 +Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-721_Definition){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-722 Regulation Of Charitable Solicitations +Campaign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-722_Regulation_Of_Charitable_Solicitations_Campaign){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-723 Boxes And +Receptacles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-723_Boxes_And_Receptacles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-724 Application For +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-724_Application_For_Permit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-725 Issuance Of Charitable Solicitations +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-725_Issuance_Of_Charitable_Solicitations_Permit){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-721 +Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-721_Definition){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In addition to the definitions contained in section 9-701, the term +\"charitable solicitations campaign\" means any course of conduct +whereby any person, organization, society, association, corporation or +any agent, member or representative thereof, shall solicit property or +financial assistance of any kind or sell or offer to sell any article, +tag, service, emblem, publication, ticket, advertisement, subscription, +or anything of value on the plea of representation that such sale or +solicitation with the proceeds therefrom are for charitable, +educational, patriotic or philanthropic purpose. + +(Code 1999, § 9-721; Ord. No. 551, 4-1-1991) + +
+ +::: phx-name +[Sec 9-722 Regulation Of Charitable Solicitations +Campaign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-722_Regulation_Of_Charitable_Solicitations_Campaign){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful to conduct any charitable solicitation campaign + within the city on any street, highway, or roadway used for + vehicular or pedestrian travel, unless waived upon proof that such + activity does not present a danger to the solicitors and will not + disrupt, obstruct, or affect the flow of traffic, or in any public + place, or by house to house canvass, unless the person, + organization, society, association or corporation conducting same + and responsible therefor shall first have obtained a permit in + compliance with the terms of this article. +2. This article shall not apply to any organization which solicits + funds solely from its own members or from its own assemblies not + using public streets or public places for such purposes. + +(Code 1999, § 9-722; Ord. No. 551, 4-1-1991; Ord. No. 527(06), 2-6-2006) + +
+ +::: phx-name +[Sec 9-723 Boxes And +Receptacles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-723_Boxes_And_Receptacles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to solicit any charitable contribution by +means of a box or receptacle in any public place without first filing +with the city manager a notice of intention to do so. Each person so +soliciting must in all other respects comply with the provisions of this +article. + +(Code 1999, § 9-723; Ord. No. 551, 4-1-1991) + +
+ +::: phx-name +[Sec 9-724 Application For +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-724_Application_For_Permit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A permit to conduct a charitable solicitations campaign on the streets +or in any public place or by house to house canvass in the city shall be +granted only after submitting to the city manager not less than 14 days +prior to the initiation of the proposed charitable solicitations +campaign an application which shall contain the following information: + +1. The full name of the organization applying for a permit and address + of the headquarters in the city. If the organization is a chapter or + other affiliate of an organization having its principal office + outside the city, the name and address of the parent organization; +2. The names and addresses of the officers and person who will be + primarily in charge of conducting the solicitation campaign; +3. The purposes for which the gross receipts derived from such + solicitations or other activities are to be used; +4. A full statement of the character and extent of the charitable, + educational, patriotic, or philanthropic work done by the charitable + organization during the last preceding year; +5. An outline of the methods to be used in conducting the charitable + solicitations campaign, including the duration of the campaign; +6. Such other information that the city manager may deem appropriate + and necessary to determine whether or not the organization is in + fact a charitable organization whose primary purpose is to conduct + charitable, educational, patriotic, or philanthropic purposes. + +(Code 1999, § 9-724; Ord. No. 551, 4-1-1991) + +
+ +::: phx-name +[Sec 9-725 Issuance Of Charitable Solicitations +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-725_Issuance_Of_Charitable_Solicitations_Permit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Upon receipt of the written application, the city manager or his +designee shall review the application and if he finds that all +information appears to be true and correct, and that the proceeds from +the proposed solicitation meet the charitable, educational, patriotic, +or philanthropic purpose authorized by this article, he shall cause the +city clerk to issue a permit to the organization or person to conduct a +charitable solicitations campaign for the period and manner determined +by the city manager or his designee to be appropriate for the proposed +campaign. However, the period of the campaign authorized hereunder shall +not exceed three calendar months. Any extension of such period shall be +granted only upon the filing of a new application and after the city +manager has had opportunity to review the same. There shall be no fee +for a charitable solicitations permit issued under the provisions of +this article. + +(Code 1999, § 9-725; Ord. No. 551, 4-1-1991) + +
+ +::: phx-name +[CHAPTER 9-8 +PAWNBROKERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-8_PAWNBROKERS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-801 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-801_License_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-802 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-802_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-803 +Forfeiture](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-803_Forfeiture){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-804 Bond +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-804_Bond_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-805 Registration Of Property Required, +Reports](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-805_Registration_Of_Property_Required,_Reports){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-806 Business +Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-806_Business_Hours){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-807 Entering Into Sales With Certain Persons +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-807_Entering_Into_Sales_With_Certain_Persons_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-808 Transactions With Minors +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-808_Transactions_With_Minors_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-809 Concealing Lost Property +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-809_Concealing_Lost_Property_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-810 Suspicious Circumstances To Prevent +Sale](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-810_Suspicious_Circumstances_To_Prevent_Sale){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-811 Soliciting Business On Streets +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-811_Soliciting_Business_On_Streets_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Oklahoma Pawnshop Act, 59 O.S. § 1501 et +seq.; municipal regulation of pawnshops, 59 O.S. § 1514.\ + +
+ +::: phx-name +[Sec 9-801 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-801_License_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall operate as a pawnbroker or as a receiver of goods under +chattel mortgage without first securing a license and making payment +therefor as provided in this chapter. + +(Prior Code, § 6-206; Code 1999, § 9-801) + +
+ +::: phx-name +[Sec 9-802 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-802_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby levied a fee for the license required by this chapter, +per year. + +(Prior Code, § 6-207; Code 1999, § 9-802) + +
+ +::: phx-name +[Sec 9-803 +Forfeiture](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-803_Forfeiture){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any pawnbroker or any other person who may be engaged in any calling or +occupation requiring a license under this chapter, who shall be guilty +of the violation of any provision of this chapter or who shall permit +any employee in the course of employment to be guilty of the violation +of any provision thereof, shall, upon conviction, in addition to the +punishment otherwise provided as a penalty therefor, be deprived of the +license, by order of the court. + +(Prior Code, § 6-208; Code 1999, § 9-803) + +
+ +::: phx-name +[Sec 9-804 Bond +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-804_Bond_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every person applying for a license to engage in or carry on the + business of pawnbroker shall, before the license is issued to him, + enter into a bond with the city, with approved sureties, in the + penal sum as set by the city, conditioned that the applicant will + strictly observe all laws, regulations and requirements in relation + to pawnbrokers or their business, and will pay all costs, fines and + penalties incurred on account of his failure or neglect in that + regard and will pay all damages to any person by reason of the + pawnbroker wrongfully taking, purchasing or receiving in pledge or + on deposit any stolen property, or the property of any minor. +2. The bond shall be filed with the city clerk and may be sued upon by + any person damaged as aforesaid in the name of the city for the + benefit of such person, but in no event shall the city be liable for + the costs of such suit. + +(Prior Code, § 6-209; Code 1999, § 9-804) + +
+ +::: phx-name +[Sec 9-805 Registration Of Property Required, +Reports](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-805_Registration_Of_Property_Required,_Reports){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every pawnbroker shall keep at his place of business a register in + which he shall enter in writing the following: + 1. A minute description of all property taken, purchased or + received by him; + 2. Any number that may be in or upon any article; + 3. The time, name and place of residence (giving street and number + if within the city) of the person leaving the property; and + 4. The amount loaned, the interest charged and the time when the + loan falls due. +2. The pawnbroker shall make such entry within one hour after the + receipt or purchase of such property. Every entry shall be made in + ink and shall not in any manner be obliterated or erased. +3. The pawnbroker shall give a receipt to the person negotiating or + leaving the property; the receipt shall be legible, and shall + contain a full and perfect copy of all entries required by law to be + kept in the register. No charge shall be made for the receipt. +4. Every pawnbroker shall execute and deliver to the chief of police + every day, before the hour of 12:00 noon, a legible and correct copy + from the register of all personal property or other valuable things + received or deposited or purchased during the preceding day, + together with the time when received or purchased and a description + of the person by whom the property or valuables was left in pledge + or from whom the same was purchased. +5. No person shall be required to furnish a description of any property + purchased from manufacturers or wholesale dealers having an + established place of business or of any goods purchased at open sale + or from any bankrupt stock, or from any other person having an + established place of business. Such goods shall be accompanied by a + bill of sale or other evidence of open and legitimate purchase; the + bill shall be shown to any officer upon demand. +6. Any pawnbroker shall make available a copy or report within two days + of any buy or pawn transaction to the police department, provided + merchandise bought on invoice from a manufacturer or wholesaler with + an established place of business is exempt from this reporting + requirement. However, such invoice shall be shown upon request to + the administrator or his duly authorized representative or any + authorized peace officer. The pawnbroker may provide the transaction + report to the police department by either electronically reporting + the information in the transaction report to an electronic database + accessible only by law enforcement agencies or by reporting a + physical copy of the transaction report directly to the law + enforcement agency. The transaction report shall include: + 1. The name and address of the pawnshop; + 2. The name, address, race, sex, weight, height, date of birth and + either identification number of the seller or pledger as + verified by either a state-issued identification card, driver\'s + license or federal government-issued identification card or by + readable fingerprint of right or left index finger on the back + of the pawn or buy transaction copy to be retained for the + pawnbroker\'s record; + 3. The transaction number for the buy or pawn transaction; + 4. The date and time of the transaction; + 5. The manufacturer of the item; + 6. A description of the item; and + 7. The serial number and model number, where available, and any + other identifying markings. +7. Items bought, except on invoice from a manufacturer or wholesaler + with an established place of business, shall be held for ten days + before being disposed of or sold. +8. The pawnbroker shall obtain a written declaration of ownership from + the seller or pledgor on all buy and pawn transactions, except + refinance pawn transactions or merchandise bought from a + manufacturer or wholesaler with an established place of business. + The seller or pledgor shall be required to state how long he has + owned the property described in the transaction. The declaration of + ownership shall appear on the bill of sale or pawn ticket, to be + completed by the seller or the pledgor at the time of the + transaction. + +(Prior Code, § 6-210; Code 1999, § 9-805) + +**State Law reference**--- Similar provisions, 59 O.S. § 1515. + +
+ +::: phx-name +[Sec 9-806 Business +Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-806_Business_Hours){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No pawnbroker shall purchase, take or receive on deposit, or in any +manner, any article or property from any person between the hours of +6:30 p.m. and 8:30 a.m. All pawnbrokers shall remain closed all day on +Sunday unless the pawnbroker can show that he uniformly keeps another +day of the week as holy time and does not labor on that date. +Pawnbrokers may receive and purchase property up to 9:00 p.m. on +Saturdays and Mondays. + +(Prior Code, § 6-212; Code 1999, § 9-807; Ord. No. 342(01), 12-3-2001) + +
+ +::: phx-name +[Sec 9-807 Entering Into Sales With Certain Persons +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-807_Entering_Into_Sales_With_Certain_Persons_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No pawnbroker, secondhand dealer, or any other person shall knowingly +purchase, take or receive in pledge, or by any gift or on deposit, or +accept possession of any article or property, of or from any of the +following: + +1. Any person under the influence of intoxicating liquors or drugs; +2. Any person who is a habitual user of drugs of any kind; or +3. Any person who has previously been convicted of petty larceny. + +(Prior Code, § 6-213; Code 1999, § 9-808) + +
+ +::: phx-name +[Sec 9-808 Transactions With Minors +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-808_Transactions_With_Minors_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person in charge of any junk shop, secondhand store, pawnshop, or +otherwise, shall knowingly purchase from or advance money to any minor +upon articles of value, or have any dealing respecting the title of +property in the possession of a minor, without the written consent of +the parent or guardian of such minor. + +(Prior Code, § 6-214; Code 1999, § 9-809) + +
+ +::: phx-name +[Sec 9-809 Concealing Lost Property +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-809_Concealing_Lost_Property_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall attempt to conceal any estray, or lost goods, found or +taken up by him, or shall efface any marks or brands thereon, or carry +the same beyond the limits of the city or knowingly permit the same to +be done, or willfully fail to cause the same to be advertised, sold or +otherwise dealt with as provided by this Code in respect to lost goods. + +(Prior Code, § 6-215; Code 1999, § 9-810) + +
+ +::: phx-name +[Sec 9-810 Suspicious Circumstances To Prevent +Sale](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-810_Suspicious_Circumstances_To_Prevent_Sale){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any suspicion or circumstance sufficient to put an ordinary prudent + person upon his guard concerning the right of a person to dispose of + an article shall be sufficient notice to any person to whom property + shall be offered for gift, sale or pledge, to prohibit him from + accepting it. +2. The failure to exercise the precautions herein prescribed, and the + accepting of a gift, sale, or pledge, of property prohibited herein, + which is stolen, or is in the possession of one not entitled to, or + competent to, sell, pledge, or give it away, shall be and constitute + an offense. + +(Prior Code, § 6-216; Code 1999, § 9-811) + +
+ +::: phx-name +[Sec 9-811 Soliciting Business On Streets +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-811_Soliciting_Business_On_Streets_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall solicit business for any pawnshop from any person on the +streets or other public place, or call to or in any manner attract the +attention of any person on the streets or other public place for the +purpose of asking the person to patronize any pawnshop. + +(Prior Code, § 6-217; Code 1999, § 9-812) + +
+ +::: phx-name +[CHAPTER 9-9 PRECIOUS METALS +DEALERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-9_PRECIOUS_METALS_DEALERS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-901 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-901_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-902 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-902_License_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-903 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-903_Application){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-904 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-904_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-905 Investigation, Issuance Or +Denial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-905_Investigation,_Issuance_Or_Denial){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-906 Transferability, +Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-906_Transferability,_Display){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-907 +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-907_Revocation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-908 Identification Of +Sellers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-908_Identification_Of_Sellers){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-909 Records +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-909_Records_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-910 Report Of Transactions To +Police](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-910_Report_Of_Transactions_To_Police){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-911 Right To Inspect +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-911_Right_To_Inspect_Records){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-912 Duty To Retain +Items](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-912_Duty_To_Retain_Items){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-913 Purchase From Minors +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-913_Purchase_From_Minors_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-914 Exemptions From Provisions Of +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-914_Exemptions_From_Provisions_Of_Chapter){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Precious Metal and Gem Dealer Licensing Act, +59 O.S. § 1521 et seq.; municipal regulation of precious metals dealers, +59 O.S. § 1527.\ + +
+ +::: phx-name +[Sec 9-901 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-901_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Precious metals* means any item containing in any degree, as part of +its composition, gold, silver, platinum or pewter. + +*Precious metal dealer* or *dealer* means any person engaged in the +business of buying precious metals, whether for cash or trade; and +further, this definition shall include any dealer whose business is +itinerant in nature, as well as any dealer who conducts his business at +a permanent and fixed location within the city. As used herein, the term +\"dealer\" shall include the employers and principals on whose behalf +any purchase or trade is made and all employees or agents personally +making such purchases or trades. + +(Prior Code, § 6-251; Code 1999, § 9-901) + +
+ +::: phx-name +[Sec 9-902 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-902_License_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall carry on, operate or engage in the business of +purchasing, whether for cash or trade, any precious metals within the +city without first obtaining a license from the city clerk. + +(Prior Code, § 6-266; Code 1999, § 9-902) + +
+ +::: phx-name +[Sec 9-903 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-903_Application){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person desiring to obtain a license as a precious metal dealer shall +file a written application with the city clerk, together with the amount +of the license fee as hereinafter prescribed. The application form shall +request the following information: + +1. If the applicant is an individual, the full name, birthdate, + permanent residence address and telephone number; +2. If the applicant is a partnership, corporation or other business + entity, the full name, birthdate, permanent residence address and + telephone number of each partner or each officer and director; +3. If an individual applicant employed by another, the full name of the + employer or principal, the permanent address and telephone number of + the employer or principal and the name, address and telephone number + of the employee\'s immediate supervisor; +4. Listing of any trade names or aliases used by the applicant for the + last five years; +5. The names, birthdates, permanent address and telephone numbers of + each person employed, or intended to be employed, in the business as + of the time of the filing of the application; +6. Exact address or location of the place within the city where the + business of dealer will be carried on; +7. If the applicant\'s business is itinerant, with no permanent + location within the city, a listing of the last four locations, + immediately preceding the date of the application, where the + applicant conducted business as a precious metal dealer. + +(Prior Code, § 6-267; Code 1999, § 9-903) + +
+ +::: phx-name +[Sec 9-904 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-904_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby levied a license fee, on a daily or annual basis as the +applicant may elect, for issuance of a precious metal dealer\'s license, +which shall be paid at the time an application is made. No part of the +license fee shall be subject to refund or abatement. + +(Prior Code, § 6-268; Code 1999, § 9-904) + +
+ +::: phx-name +[Sec 9-905 Investigation, Issuance Or +Denial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-905_Investigation,_Issuance_Or_Denial){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Upon receipt of an application for a license required by this + chapter and the required fee, the city clerk shall refer the same to + the chief of police for investigation of the applicant\'s moral + character and business responsibility. Within five days from the + receipt of the application, the chief of police shall return the + same to the city clerk, accompanied by his recommendations to issue + or deny the license. Grounds for denial shall include: + 1. The application contains a materially false or fraudulent + statement; and + 2. The applicant, or an officer, partner or employee thereof, has + been convicted of a felony within the five years immediately + preceding the date of the application. +2. Upon receipt of the recommendation of the chief of police, the city + clerk shall issue the license accordingly. If the license is denied, + the grounds for denial shall be stated in writing and a copy + supplied to the applicant. + +(Prior Code, § 6-269; Code 1999, § 9-905) + +
+ +::: phx-name +[Sec 9-906 Transferability, +Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-906_Transferability,_Display){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The license issued under this chapter shall not be transferable to any +other person. No person shall do business as a precious metal dealer, or +attempt to do business, under a license transferred to him. The dealer +shall at all times prominently display on the business premises a +currently valid license. + +(Prior Code, § 6-270; Code 1999, § 9-906) + +
+ +::: phx-name +[Sec 9-907 +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-907_Revocation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In addition to any other penalty, the dealer shall, upon a second +conviction of a violation of this chapter, have his precious metal +dealer license revoked by the city clerk. + +(Prior Code, § 6-271; Code 1999, § 9-907) + +
+ +::: phx-name +[Sec 9-908 Identification Of +Sellers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-908_Identification_Of_Sellers){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All dealers shall require each person offering an item or article for +sale or trade to produce personal identification. Dealers shall +ascertain the name, permanent address and age of all sellers of precious +metals. Dealers shall verify a seller\'s identity only by means of a +driver\'s license, or some other form of identification issued by a +governmental agency, which must contain thereon a picture or adequate +physical description of the person identified. It shall be unlawful for +a dealer to fail to request identification, or to accept inadequate +identification, before transacting business with a seller of precious +metals. + +(Prior Code, § 6-252; Code 1999, § 9-908) + +
+ +::: phx-name +[Sec 9-909 Records +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-909_Records_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every dealer shall keep and maintain an adequate record of all + transactions with sellers of precious metals. The record of the + transactions shall be maintained in a running ledger book; or the + dealer may maintain the original bill of sale, or other written + receipt, issued at the time of the transaction. Entries on the + record shall be legibly written in ink at the time the dealer + acquires the article from the seller; and same shall not be + obliterated or erased. The following shall be required to be + maintained for each transaction with a seller of precious metals: + 1. The date and time of the sale or trade; + 2. Name, address and age of the seller of the items; + 3. The number appearing on the seller\'s driver\'s license or other + governmental identification card; + 4. Physical description of the seller, including height, weight, + race and sex; + 5. A concise and accurate description of the article acquired by + the dealer, including any identifying marks, names, initials, + serial numbers, brand names or other personalized features; and + 6. The amount paid for the articles by the dealer. +2. The dealer shall maintain the information required by this section + for a period of one year from the date of the acquisition of the + article. + +(Prior Code, § 6-253; Code 1999, § 9-909) + +
+ +::: phx-name +[Sec 9-910 Report Of Transactions To +Police](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-910_Report_Of_Transactions_To_Police){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Within 24 hours of the sale or trade of any precious metal to a dealer, +the dealer shall deliver to the office of chief of police, or the front +desk of the police department, a duplicate or photocopy of the record of +transaction, required to be kept pursuant to the provision of section +9-909. In the event the delivery time falls on a weekend or holiday, the +dealer shall deliver the required records by no later than 12:00 noon of +the next regular work day. In lieu of furnishing a duplicate or copy of +the records required under section 9-909, the dealer may supply written +statement containing only the following information: + +1. Name of the dealer and name of the agent or employee dealing with + the seller; +2. Description of articles received by dealer, including any + identifying marks, numbers, names or initials; and +3. Name and address of the seller of each item. + +(Prior Code, § 6-254; Code 1999, § 9-910) + +
+ +::: phx-name +[Sec 9-911 Right To Inspect +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-911_Right_To_Inspect_Records){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any police officer of the city, or any law enforcement officer of the +county, state or federal government, during the dealer\'s regular +business hours, shall have the right to enter the business premises of +the dealer for the purpose of inspecting the records required to be +maintained under this chapter or any item of precious metal regulated +hereunder. The application for, and acceptance of, a license under this +chapter shall be deemed conclusive consent of the dealer to such entry +and inspection. + +(Prior Code, § 6-255; Code 1999, § 9-911) + +
+ +::: phx-name +[Sec 9-912 Duty To Retain +Items](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-912_Duty_To_Retain_Items){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every dealer must keep at the business location designated in the + license application, all used articles made, in whole or in part, of + precious metals or gems, for inspection by any law enforcement + officer and the department of consumer credit at reasonable times + for a period of ten days or until the articles have been released by + written authorization of any law enforcement officer authorized by + the law enforcement agency or its designee, except as provided for + in 59 O.S. § 1525(C). During this period, the appearance of such + articles shall not be altered in any way. A dealer is not prohibited + from selling or arranging to sell such articles during the ten-day + period as long as such articles remain in his possession as required + by this subsection. +2. Whenever a police officer has probable cause to believe that + property in possession of a licensed dealer is stolen or embezzled, + the police officer may place a written hold order on the property. + The initial term of the written hold order shall not exceed 30 days. + However, the holding period may be extended in successive 30-day + increments upon written notification prior to the expiration of the + initial holding period. If the holding period has expired and has + not been extended, the hold order shall be considered expired and no + longer in effect, and title shall vest in the dealer subject to any + restrictions contained in a sale contract. The initial written hold + order shall contain the following information: + 1. Signature of the dealer or designee; + 2. Name, title and identification number of the police officer + placing the hold order; + 3. Name and address of the agency to which the police officer is + attached and the offense number; + 4. Complete description of the property to be held, including model + number, serial number and transaction number + 5. Name of agency reporting the property stolen or embezzled; + 6. Mailing address of the dealer where the property is held; + 7. Expiration date of the holding period. +3. While a hold order is in effect, the dealer may consent to release, + upon written receipt, the stolen or embezzled property to the + custody of the police department. The consent to release the stolen + or embezzled property to the custody of law enforcement is not a + waiver or release of the dealer\'s property rights or interest in + the property. Otherwise, the dealer shall not release or dispose of + the property except pursuant to a court order or the expiration of + the holding period, including all extensions. The district + attorney\'s office shall notify the dealer in writing in cases where + criminal charges have been filed that the property may be needed as + evidence. The notice shall contain the case number, the style of the + case and a description of the property. The dealer shall hold such + property until receiving notice of the disposition of the case from + the district attorney\'s office. The district attorney\'s office + shall notify the dealer in writing within 15 days of the disposition + of the case. Willful noncompliance of a dealer to a written hold + order shall be cause for the dealer\'s license to either be + suspended or revoked. A hold order may be released prior to the + expiration of any 30-day holding period by written release from the + agency placing the initial hold order. + +(Prior Code, § 6-256; Code 1999, § 9-912) + +**State Law reference**--- Similar provisions, 59 O.S. § 1531. + +
+ +::: phx-name +[Sec 9-913 Purchase From Minors +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-913_Purchase_From_Minors_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No dealer shall purchase or receive in trade any precious metal from any +seller under the age of 18 years, unless the parents or guardian of such +person shall consent to the transaction in writing. The written consent +shall state that the transaction is fully approved by the parent or +guardian, shall be signed by the same and must contain the address and +telephone number of the parent or guardian. + +(Prior Code, § 6-257; Code 1999, § 9-913) + +
+ +::: phx-name +[Sec 9-914 Exemptions From Provisions Of +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-914_Exemptions_From_Provisions_Of_Chapter){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Retail merchants having permanent and fixed business within the city + shall be exempted from the provisions of this chapter insofar, and + only insofar, as they make purchases directly from manufacturers, + suppliers and wholesalers of precious metals for their retail + inventories. +2. Upon obtaining the written approval of the chief of police, + exhibitors at bona fide coin shows, art shows, antique shows, and + exhibitions of a similar nature, where the same are sponsored by a + local nonprofit, civic or cultural organization, shall be exempted + from the provisions of this chapter. + +(Prior Code, § 6-258; Code 1999, § 9-914) + +
+ +::: phx-name +[CHAPTER 9-10 RECREATION CENTERS AND AMUSEMENT +DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-10_RECREATION_CENTERS_AND_AMUSEMENT_DEVICES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 9-10A FAMILY RECREATION +CENTERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10A_FAMILY_RECREATION_CENTERS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 9-10B COIN-OPERATED AMUSEMENT +DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10B_COIN-OPERATED_AMUSEMENT_DEVICES){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 9-10C AMUSEMENTS AND AMUSEMENT +PARKS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10C_AMUSEMENTS_AND_AMUSEMENT_PARKS){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 9-10A FAMILY RECREATION +CENTERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10A_FAMILY_RECREATION_CENTERS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1001 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1001_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1002 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1002_License_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1003 License +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1003_License_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1004 Zoning +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1004_Zoning_Restrictions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1005 +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1005_Regulations){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1006 Revocation Of +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1006_Revocation_Of_License){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1007 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1007_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-1001 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1001_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this article, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Game room* or *arcade* means any business location in which there are +more than six coin-operated amusement devices, as defined in this +section, available for use by members of the public or business +invitees. + +*Recreation center* means those participant recreation and entertainment +uses conducted within an enclosed building, where no alcoholic or +nonintoxicating beverages, as defined by this Code, are served or +permitted to be consumed. Typical uses include pool halls, billiard +parlors, game rooms, arcades, including such entertainment as pinball, +video games, foosball, etc., and family amusement centers. + +(Code 1999, § 9-1001; Ord. No. 538, 11-19-1990) + +
+ +::: phx-name +[Sec 9-1002 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1002_License_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to operate a recreation center within the +city limits without first having obtained a license therefor as provided +by this article. The city clerk shall issue the license if the city +community development director determines that the proposed use is in +compliance with the requirements of the city ordinances. No recreation +center license issued by virtue of this article shall be assigned to any +other person. + +(Code 1999, § 9-1002; Ord. No. 538, 11-19-1990) + +
+ +::: phx-name +[Sec 9-1003 License +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1003_License_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A fee as set by the city shall be paid to the city clerk before a +license is issued for the operation of a recreation center. + +(Code 1999, § 9-1003; Ord. No. 538, 11-19-1990) + +
+ +::: phx-name +[Sec 9-1004 Zoning +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1004_Zoning_Restrictions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Recreation centers shall be operated only in such districts as are in +accordance with the city\'s zoning regulations, subject to the +provisions of this article. + +(Code 1999, § 9-1004; Ord. No. 538, 11-19-1990) + +
+ +::: phx-name +[Sec 9-1005 +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1005_Regulations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. If 50 percent or more of the gross floor area of a building is + devoted to the use of pool or billiard tables, then such business + shall be considered a pool hall or billiard parlor and shall comply + with the provisions of this article as well as the other applicable + provisions of this Code. In the case of conflict between the + provisions of this article and those elsewhere in this Code, the + more restrictive provision shall prevail. +2. A recreation center shall not open before 10:00 a.m. and shall not + be open later than 1:00 a.m. on Monday, Tuesday, Wednesday, Thursday + and Friday and shall not be open later than 2:00 a.m. on Saturday + and Sunday mornings. +3. A recreation center shall be required to have at least one on-site + security guard who shall be certified by the state council on law + enforcement education and training, on duty from 8:00 p.m. until + closing on any day such business is open. +4. Sight-proof screening which adequately screens such business from + view of surrounding single-family residential areas or uses shall be + required. + +(Code 1999, § 9-1005; Ord. No. 538, 11-19-1990; Ord. No. 187(97), +4-21-1997) + +
+ +::: phx-name +[Sec 9-1006 Revocation Of +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1006_Revocation_Of_License){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any license issued under the provisions of this article may be suspended +or revoked by the city if the applicant is convicted in municipal court +of violating the provisions of this article or has made a false +statement on the application for license, or if the use and operation of +the business results in a conviction in municipal court for a violation +of any ordinance of the city relating to a breach of the peace, health, +safety, or general welfare of the city. + +(Code 1999, § 9-1006; Ord. No. 538, 11-19-1990) + +
+ +::: phx-name +[Sec 9-1007 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1007_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A violation of this article is punishable as provided in section 1-108. + +(Code 1999, § 9-1007; Ord. No. 538, 11-19-1990) + +
+ +::: phx-name +[ARTICLE 9-10B COIN-OPERATED AMUSEMENT +DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10B_COIN-OPERATED_AMUSEMENT_DEVICES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1011 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1011_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1012 License Fee For Coin-Operated +Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1012_License_Fee_For_Coin-Operated_Devices){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1013 Application For +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1013_Application_For_License){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1014 Display Of +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1014_Display_Of_License){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1015 Prohibited Devices Not +Legalized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1015_Prohibited_Devices_Not_Legalized){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1016 Gambling +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1016_Gambling_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1017 +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1017_Penalties){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Coin-operated amusement devices, 68 O.S. § +1501 et seq.\ + +
+ +::: phx-name +[Sec 9-1011 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1011_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following words, terms and phrases, when used in this article, + shall have the meanings ascribed to them in this subsection, except + where the context clearly indicates a different meaning:\ + *Coin-operated amusement device* means and includes any and all + mechanical devices which, upon the payment or insertion of a coin, + script, token, or similar object, cause or permit, or is incentive + for, the propelling or motivating of any ball, marble, electronic + simulation, or other gadget or object that produces or creates, or + makes possible the production or creation of, a game of skill, + amusement, entertainment, or test of strength, including, but not + limited to, shuffle boards, coin-operated devices utilizing tables, + boards, or cases of any size whatsoever, balls, sticks, cues, pegs + or marbles; and whether or not any motivating force involved is + furnished by the player or the device.\ + *Coin-operated music device* means and includes any such music + device which is operated, motivated, released or played by or upon + the payment or insertion of a coin, script, token or similar object, + whether there is one or more boxes or devices on the premises for + the reception of such coin, script, tokens or similar objects; + coin-operated radios or television receiving sets in hotels or + motels shall not be included in such definition.\ + *Coin-operated pool, billiard* or *snooker tables* are defined as + coin-operated amusement devices, in accordance with this section.\ + *Pool, billiard* or *snooker table* means any table specifically + manufactured for the purpose of playing pool, billiards or snooker, + if not coin-operated. +2. Coin-operated music device and coin-operated amusement device as + defined herein shall not include coin-operated machines operated by + penny coins only; or coin-operated vending machines used exclusively + for the purpose of selling tangible personal property, such as cold + drinks, tobacco products, candies, postage stamps or other + merchandise; or services, such as pay telephones, parking meters, + gas and electric meters, or other distribution of needful service; + or pool, billiard or snooker tables which are not coin operated. + +(Prior Code, § 6-116, in part; Code 1999, § 9-1021) + +
+ +::: phx-name +[Sec 9-1012 License Fee For Coin-Operated +Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1012_License_Fee_For_Coin-Operated_Devices){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person who owns and has available to the public, or who permits to +be operated by the public in or on his place of business, any +coin-operated music device, coin-operated amusement device, or +coin-operated pool, billiard or snooker table, shall obtain and pay for +an annual license for each such device or table. There is hereby levied +an annual license fee on such devices, as set by the city council by +motion or resolution. + +(Prior Code, §§ 6-84, 6-117, in part; Code 1999, § 9-1022) + +
+ +::: phx-name +[Sec 9-1013 Application For +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1013_Application_For_License){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Application for an annual license regulated by this chapter shall be +made to the city. The application form shall contain the name of the +applicant, a description of the device, location of the device and such +other information deemed necessary by the licensing officer to identify +the device. Any number of machines may be included in one application. +Upon payment of the license fee and approval of the application, the +license shall be issued. + +(Code 1999, § 9-1023) + +
+ +::: phx-name +[Sec 9-1014 Display Of +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1014_Display_Of_License){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Before any coin-operated music device, coin-operated amusement device, +or coin-operated pool, billiard or snooker table is put into operation +or placed where the same may be operated by the public, and at all times +when the same is being operated, or is available to the public for +operation, the license issued by the city shall be firmly affixed to the +device covered thereby, or displayed with other licenses or permits on a +wallboard, and plainly visible to and readable by the public. + +(Code 1999, § 9-1024) + +
+ +::: phx-name +[Sec 9-1015 Prohibited Devices Not +Legalized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1015_Prohibited_Devices_Not_Legalized){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Nothing in this article shall be construed to legalize any device that +may be prohibited by the laws of the state or the ordinances of the +city. The city may assume that any device described in any application, +and for which a license fee is paid, is lawful. No claim for a refund of +any license fee will be entertained based upon an owner\'s or +operator\'s inability to operate such device because of any law of the +state or city or for any other reason. + +(Code 1999, § 9-1025) + +
+ +::: phx-name +[Sec 9-1016 Gambling +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1016_Gambling_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If any person keeping, operating, maintaining, controlling or being in +charge of any device as referred to and licensed under this article +shall permit any gambling of any kind, by persons using and playing such +machines and devices, he shall be deemed guilty of an offense against +the ordinances of the city, and shall be subject to punishment as +provided in section 1-108. + +(Prior Code, § 6-118; Code 1999, § 9-1026) + +
+ +::: phx-name +[Sec 9-1017 +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1017_Penalties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any owner of a coin-operated music device, coin-operated amusement +device, or coin-operated pool, billiard or snooker table, who places +such device in operation or in a place available to the public for +operation, and any person who permits such a device to be in operation +or accessible to the public for operation in his place of business +without attaching and displaying the license provided for by this +article, shall be guilty of an offense. Upon conviction of a violation +of this article, such person shall be punished as provided in section +1-108. Each unlicensed device shall constitute a separate violation. + +(Code 1999, § 9-1027) + +
+ +::: phx-name +[ARTICLE 9-10C AMUSEMENTS AND AMUSEMENT +PARKS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10C_AMUSEMENTS_AND_AMUSEMENT_PARKS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1021 Amusements Generally, +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1021_Amusements_Generally,_Fees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1022 Amusement +Park](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1022_Amusement_Park){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1023 Permit Or License Required, State Law +Compliance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1023_Permit_Or_License_Required,_State_Law_Compliance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1024 City Clerk To Issue, +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1024_City_Clerk_To_Issue,_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1025 Authorized Hours Of Business; +Fencing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1025_Authorized_Hours_Of_Business;_Fencing){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1026 Exemption From Other Occupational License +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1026_Exemption_From_Other_Occupational_License_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-1021 Amusements Generally, +Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1021_Amusements_Generally,_Fees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A license in the sum as set forth in the fee schedule is hereby required +on every person engaging in, exercising or pursuing any of the +following: + +1. Bowling alley; +2. Circus; +3. Ferris wheel, merry-go-round, small car, or similar apparatus, when + not under the auspices of a street fair, civic club, carnival or + circus or amusement park; +4. Itinerant show, exhibition or entertainment of any kind which + charges admission (including all activities under its auspices); +5. Shooting gallery, skill or strength game or game of chance; +6. Skating rink; +7. Street fair or carnival; or +8. Wrestling matches, professional. + +(Prior Code, § 6-18, in part; Code 1999, § 9-1031) + +
+ +::: phx-name +[Sec 9-1022 Amusement +Park](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1022_Amusement_Park){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +An amusement park is defined as mechanical devices of all kinds, slides, +shooting galleries, or other games produced, designed and calculated to +be witnessed, attended, played or used by the public for entertainment +and diversion at an outside and open location of a permanent nature. +Games and exhibitions presented to any public or private elementary +school, high school or kindergarten, pool or billiard hall or family +amusement center, as defined in this Code, shall not be embraced within +the meaning of amusement park as herein defined. + +(Prior Code, § 6-41; Code 1999, § 9-1032) + +
+ +::: phx-name +[Sec 9-1023 Permit Or License Required, State Law +Compliance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1023_Permit_Or_License_Required,_State_Law_Compliance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful and an offense for any person to engage in the operation +of an amusement park without first obtaining a permit or license from +the city clerk. Any amusement park or devices shall comply with any +applicable state law and inspections approvals prior to operating in the +city. + +(Prior Code, § 6-42; Code 1999, § 9-1033) + +
+ +::: phx-name +[Sec 9-1024 City Clerk To Issue, +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1024_City_Clerk_To_Issue,_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city clerk is hereby authorized to issue a license or permit to +operate an amusement park pursuant to this article, which license or +permit shall expire on the last day of the month of the year after which +such license is issued. The city clerk shall charge the sum as set forth +in the fee schedule for the license or permit for any amusement park. + +(Prior code, § 6-43; Code 1999, § 9-1034) + +
+ +::: phx-name +[Sec 9-1025 Authorized Hours Of Business; +Fencing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1025_Authorized_Hours_Of_Business;_Fencing){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. An amusement park licensed by the terms of this article shall be + authorized to be open for business from the hours of 8:00 a.m. to + 12:00 midnight on each day of the week; however, any amusement + devices which are completely enclosed shall be allowed to remain + open until 2:00 a.m. on Saturday and Sunday morning only of each + week. +2. An amusement park shall have a chainlink or sight-proof fence of at + least six feet in height entirely enclosing such amusement park. + +(Prior Code, § 6-44; Code 1999, § 9-1035) + +
+ +::: phx-name +[Sec 9-1026 Exemption From Other Occupational License +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1026_Exemption_From_Other_Occupational_License_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person obtaining a license or permit as required by this article +shall not be required to secure licenses, permits or pay fees as set out +in article A of this chapter. + +(Prior Code, § 6-45; Code 1999, § 9-1036) + +
+ +::: phx-name +[CHAPTER 9-11 WRECKERS AND TOWING +SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-11_WRECKERS_AND_TOWING_SERVICE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1101 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1101_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1102 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1102_License_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1103 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1103_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1104 License Revocation Or +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1104_License_Revocation_Or_Suspension){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1105 Vehicle +List](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1105_Vehicle_List){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1106 Storage +Yard](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1106_Storage_Yard){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1107 +Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1107_Parking){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1108 Rotation +Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1108_Rotation_Log){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1109 Removal From Rotation +Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1109_Removal_From_Rotation_Log){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1110 Required +Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1110_Required_Services){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1111 Required +Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1111_Required_Services){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1112 Removal From Department +Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1112_Removal_From_Department_Log){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Towing motor vehicles, 47 O.S. § 951 et seq.\ + +
+ +::: phx-name +[Sec 9-1101 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1101_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Inspecting Officers* means the City of Moore Chief of Police, or their +designee, the City of Moore Community Development Director, or their +designee, or the City of Moore City Clerk, or their designee, who makes +inspections on behalf of the city of wrecker service vehicles, +equipment, and place of businesses and tow and impound yards.\ + +*Rotation log* means the list of wrecker companies that have been +approved to provide wrecker services for the City in accordance with +this Chapter.*\ +* + +*Storage yard* shall be defined as the temporary storage of vehicles +that have been towed, carried, hauled or pushed from public or private +property for impoundment in a public or private impound yard.*\ +* + +*Towing service rotation agreement* means the non-exclusive agreement +entered into between the city and a wrecker and towing service that +defines the obligations, procedures and terms for police dispatched tow +service.\ +\ + +*Wrecker and towing service* means any person, firm, corporation or +other entity, whether licensed or not, who owns or operates a business +which engages, in whole or in part, in the business of towing, removal +and storage of motor vehicles in the City.\ + +(Prior Code, § 24-51; Code 1999, § 9-1201) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link +target="_blank" style="color:#0000EE"} on 8/3/2022\ +* +::: + +
+ +::: phx-name +[Sec 9-1102 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1102_License_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A. No person shall, within the city, operate a wrecker or towing service +without first having obtained from the city clerk a license therefor and +without having complied with all other provisions of this chapter, and +the provisions of 47 O.S. 951 et seq. + +B. Any person or business desiring a license for a wrecker or towing +service shall file an application with the city clerk on such forms as +may, from time to time, be developed for that purpose and made available +to the public. Such license must be renewed annually.\ +\ + +C. Designated officials from the Moore Police Department and the +Community Development Department shall make an initial inspection upon +receipt of application and shall make an annual inspection upon annual +license renewals. Such inspections shall determine if the wrecker and +tow service is in compliance with City Code. No license or license +renewal shall be issued without Moore Police Department and Moore +Community Development Department approval.\ +\ + +D. No license shall be issued to any wrecker service with its storage +yard located outside the limits of the city unless such prospective +licensee contracts with an individual, company or other organization who +maintains a storage yard within the city.\ +\ + +(Code 1999, § 9-1202) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link +target="_blank" style="color:#0000EE"} on 8/3/2022\ +* +::: + +
+ +::: phx-name +[Sec 9-1103 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1103_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The fee for the license required by section 9-1102 to perform a + wrecker or towing service operation shall be the sum as set by the + city. Licenses procured under this chapter shall expire on December + 31 following their issuance . A prorated license fee shall be paid + for any license issued after January 31. +2. The fee for an annual license renewal and re-inspections required by + Section 9-1102 to perform a wrecker or towing service operation + shall be the sum as set by the city. License renewal fees shall not + be prorated.\ + \ + +(Prior Code, § 24-53; Code 1999, § 9-1203) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link +target="_blank" style="color:#0000EE"} on 8/3/2022\ +* +::: + +
+ +::: phx-name +[Sec 9-1104 License Revocation Or +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1104_License_Revocation_Or_Suspension){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A license or permit issued under this division may be revoked or + suspended by the city clerk, for good cause, or in any case where + any of the provisions of this division are violated. Any license + issued for a wrecker and towing service may be revoked or suspended + by the city after notice and hearing upon not less than ten days\' + notice, by certified mail to the last-known address of the licensee, + or personal service on the licensee. Such notice shall be calculated + from the date of mailing or in the case of personal service, from + the date of service upon the licensee. The hearing shall be held + before a panel comprised of the Chief of Police, or their designee, + Moore City Clerk, the Community Development Director, or their + designee, and the City Attorney, or their designee. The panel shall + determine license revocation or length of suspension, and other + terms and conditions of maintaining a Wrecker and Towing Service + license within the City.\ + \ + +(Prior Code, § 24-54; Code 1999, § 9-1204) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link +target="_blank" style="color:#0000EE"} on 8/3/2022\ +* +::: + +
+ +::: phx-name +[Sec 9-1105 Vehicle +List](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1105_Vehicle_List){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Each year upon license renewal, all wrecker and towing services + shall submit a complete inventory of vehicles being stored in the + storage yard including the make, model and registration or license + tag number. The inventory shall be reviewed by the license renewal + inspecting officers. No vehicles shall be stored in the storage yard + for a period of time exceeding 12 months. However, if extenuating + circumstances require certain vehicles to be stored in the storage + yard exceeding 12 months, documentation of the extenuating + circumstance and estimated date of removal shall be provided to the + inspecting officers.\ + \ + +(Prior Code, § 24-55; Code 1999, § 9-1205; Ord. No. 481(89), 4-17-1989) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link +target="_blank" style="color:#0000EE"} on 8/3/2022\ +* +::: + +
+ +::: phx-name +[Sec 9-1106 Storage +Yard](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1106_Storage_Yard){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All wrecker and towing services, who store, park or maintain + possession of a towed vehicle shall store such vehicles in a secured + facility meeting the following minimum requirements:\ + \ + 1. Construction material for fencing shall be of wood or metal + design, which must allow the facility to remain sight-proof. The + fence must not be less than six feet high and not higher than + eight feet. All lots shall have a least one gate of the same + quality material as the fence and shall be kept closed and + locked unless in use. The fence shall be supported by metal + poles set in concrete footings. All fences shall be kept in good + repair and comply with Section 8-1113(D) of the Moore City + Code;  + 2. Storage yards shall be designed to be adequate in size for the + individual wrecker services need for storing vehicles. No + vehicles shall be parked or stored outside of the fenced storage + yard other than an employee or customer vehicle that is + operational and not impounded or otherwise stored;  + 3. A minimum of one primary storage yard shall be located within + Moore City Limits. Each vehicle must be initially stored and + held at the primary yard. After 30 days from the date of initial + storage, vehicles may be moved to a secondary yard;  + 4. No storage yard shall be located on a lot with another + automotive business without an approved Certificate of Occupancy + dated prior to January 1, 2022. There shall be no renting, + selling, salvaging, dismantling or repair of vehicles in + association with the wrecker and towing service other than what + is required by the state licensing authority. The co-mingling of + vehicles between the two businesses is not allowed;   + 5. Vehicle staging areas shall be provided inside the storage yard + to allow the loading and unloading of vehicles behind a + sight-proofed fence. No vehicle staging, loading or unloading + shall take place on street right-of-way; and + 6. Wrecker and towing services approved prior to April 18, 2022 + shall maintain gravel customer parking outside of the storage + yard in good repair at all times, free from wash-outs and + gulleys, to prevent the tracking of mud or dirt onto a public + street. All wrecker and towing services approved after April 18, + 2022 shall provide paved customer parking outside of the storage + yard that meets the requirements of Section 12-400 of the Moore + Land Development Code.  +2. The license of any wrecker or towing service business existing as of + the date of the passage of this ordinance whose storage yard does + not meet the requirements as set forth in this section shall be + given 1 year from the expiration date of their current license to + become compliant with the Moore City Code.\ + \ + +(Code 1999, § 9-1206; Ord. No. 279(00), 5-1-2000) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link +target="_blank" style="color:#0000EE"} on 8/3/2022\ +* +::: + +
+ +::: phx-name +[Sec 9-1107 +Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1107_Parking){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any wrecker to be parked or stored on public or +private property within an area zoned for residential use.\ + +(Code 1999, § 9-1207; Ord. No. 279(00), 5-1-2000; Ord. No. 669(10), +4-5-2010) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link +target="_blank" style="color:#0000EE"} on 8/3/2022\ +* +::: + +
+ +::: phx-name +[Sec 9-1108 Rotation +Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1108_Rotation_Log){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A wrecker and towing service may apply at any time and be placed on + a list maintained by the police department for the purpose of + referrals. An interested licensee shall file an application with the + Moore Police Department on such forms as may, from time to time, be + developed for that purpose and made available to the public. For a + wrecker and towing service to be placed on the Moore Police + Department Rotation Log, the applicant must hold a valid City of + Moore Wrecker and Towing Service license and agree to the terms and + conditions of the Rotation Agreement.\ +2. Referrals shall be directed only to the licensees appearing on said + list. The list may be maintained by the city with any number of + licensees up to and including five. All wrecker and towing services + located on the Rotation Log at time of ordinance passage shall + remain on the Rotation Log until such time as the wrecker and towing + service is removed from the Rotation Log either voluntarily by the + wrecker and towing service or pursuant to Sec. 9-1111. +3. A waiting list to be added to the Rotation Log may be maintained by + the Moore Police Department. If at any time the number of wrecker + and towing service companies on the Rotation Log falls below five, + excepting a temporary suspension from the list, the wrecker and + towing service waiting the longest on the wait list shall be offered + a place on the Rotation Log. + +(Code 1999, § 9-1208; Ord. No. 279(00), 5-1-2000) + +\ + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link +target="_blank" style="color:#0000EE"} on 8/3/2022\ +* +::: + +
+ +::: phx-name +[Sec 9-1109 Removal From Rotation +Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1109_Removal_From_Rotation_Log){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any licensed wrecker and towing service may be removed or suspended + from the Rotation Log for not complying with the requirements of + this Chapter or by violating the requirements in the Rotation + Agreement. A Company may be suspended or removed from Rotation for + good cause, or in any case where any of the provisions of this + agreement are violated after notice and hearing upon not less than + ten (10) days\' notice, by certified mail to the last-known address + of the licensee. Such notice shall be calculated from the date of + mailing. The hearing shall be held before a panel comprised of the + Chief of Police, or their designee, Moore City Clerk, the Community + Development Director, or their designee, and the City Attorney, or + their designee. The panel shall determine license revocation or + length of suspension, and other terms and conditions of maintaining + the wrecker and towing service on the Rotation Log.\ + \ + +(Code 1999, § 9-1209; Ord. No. 279(00), 5-1-2000) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link +target="_blank" style="color:#0000EE"} on 8/3/2022\ +* +::: + +
+ +::: phx-name +[Sec 9-1110 Required +Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1110_Required_Services){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any wrecker service listed on the city\'s rotation +log to offer or provide free services for any individual employed by the +city in exchange for future considerations or services.\ +\ + +(Code 1999, § 9-1210; Ord. No. 279(00), 5-1-2000) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link +target="_blank" style="color:#0000EE"} on 8/3/2022\ +* +::: + +
+ +::: phx-name +[Sec 9-1111 Required +Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1111_Required_Services){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +(Code 1999, § 9-1211; Ord. No. 279(00), 5-1-2000) + +
+ +::: phx-name +[Sec 9-1112 Removal From Department +Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1112_Removal_From_Department_Log){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +(Code 1999, § 9-1212; Ord. No. 279(00), 5-1-2000) + +
+ +::: phx-name +[CHAPTER 9-12 MASSAGE PARLORS AND HEALTH +SPAS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-12_MASSAGE_PARLORS_AND_HEALTH_SPAS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 9-12A +GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12A_GENERALLY){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 9-12B LICENSES AND +PERMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12B_LICENSES_AND_PERMITS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 9-12C OPERATING +REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12C_OPERATING_REQUIREMENTS){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Massage Therapy Practice Act, 59 O.S. § +4200.1 et seq.; local regulation of massage therapy preempted, 59 O.S. § +4200.10.\ + +
+ +::: phx-name +[ARTICLE 9-12A +GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12A_GENERALLY){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1201 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1201_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1202 Inspections +Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1202_Inspections_Authorized){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1203 +Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1203_Exemptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1204 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1204_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-1201 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1201_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Employee* means any person at least 18 years of age, other than a +massage therapist, who renders any service in connection with the +operation of a massage business and receives compensation, from the +manager of the business or patrons, but has no physical contact with the +customer. + +*Licensee* means the person to whom a license or permit has been issued +to own, operate or manage a massage establishment or to engage in +massaging. + +*Manager* means the person owning, controlling, conducting, operating or +managing a massage establishment, but shall not include the massage +therapist, as defined in this section. + +*Massage* means any method of pressure on or friction against, or +stroking, kneading, rubbing, tapping, pounding, vibrating, or +stimulating of the external parts of the human body with the hands or +with the aid of any mechanical electrical apparatus or appliances with +or without such supplementary aids as rubbing alcohol, liniments, +antiseptics, oils, powders, creams, lotions, ointment, mud, paraffins, +salts or other such similar preparations commonly used in the practice +of massage, under such circumstances that it is reasonably expected that +the person to whom the treatment is provided or some third person on his +behalf will pay money or give any other consideration or any gratuity +therefor. The term \"massage\" shall include seated massage. + +*Massage establishment* means any establishment having a source of +income or compensation derived from the practice of massage as defined +in this section and which has a fixed place of business where any person +engages in or carries on any of the activities as defined in the +definition of the term \"massage\" provided in this section. + +*Massage therapist* means any person who, for any consideration +whatsoever, engages in the practice of massage as defined in this +section. + +*Off-site massage service* means any business, the functioning of which +is to engage in or carry on massages as defined in this section at a +location designated by the patron or at a location other than at a +massage establishment. Off-site massage service may include seated +massage. + +*Patron* means any person, client or customer at least 18 years of age, +or if under 18 years of age with written parental or legal guardian +consent, who receives a massage under such circumstances that it is +reasonably expected that he will pay money or give any other +consideration therefor. + +*Person* means any individual, partnership, firm, association, joint +stock company, corporation or combination of individuals of whatever +form or character. + +*Seated massage* means any massage of the neck, arms, shoulders and back +area above the waist where the client is fully clothed, sitting in a +special chair designed for upper body massage and done without the use +of supplementary aids, such as rubbing alcohol, liniments, antiseptics, +oils, powders, creams, lotions, ointments, mud, paraffins, salts, or +other similar preparations commonly used in the practice of massage. +Seated massage may be performed either at a massage establishment or +off-site. + +*Sexual misconduct* means any criminal conviction, either misdemeanor or +felony, within the city, the state or any other state for the crime of +rape, child molestation, prostitution, acts of lewdness or any crime +where the convicted person is required to register as a sex offender +under the statutes of the state. + +*Sexual or genital areas* means the genitals, pubic area, buttocks, +anus, or perineum of any person, or the vulva or breasts of a female. + +(Code 1999, § 9-1301; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1202 Inspections +Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1202_Inspections_Authorized){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any department of the city or its designee may inspect any location +where massages are conducted. The chief of police or his authorized +representatives may from time to time make inspection of any massage +location for the purposes of determining that the provisions of this +chapter are fully complied with. It shall be unlawful for any person to +fail to allow such inspection officer access to the premises or hinder +such officer in any manner. + +(Code 1999, § 9-1302; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1203 +Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1203_Exemptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions of this chapter shall not apply to the following while +they are engaged in the personal performance of the duties of their +respective professions: + +1. Physicians, surgeons, chiropractors, osteopaths, or physical + therapists who are duly licensed to practice their respective + professions in the state; +2. Nurses who are registered under the laws of the state; +3. Barbers and beauticians who are duly licensed under the laws of the + state, except that this exemption shall apply solely to the + massaging of the neck, face, scalp and hair; or manicurists or + pedicurists and shall apply solely to the massaging of the hands or + feet of the patron for cosmetic or beautifying purposes; +4. The giving of massages by a licensee or students currently enrolled + in an educational course or program, the purpose of which is to + obtain a degree or certification to perform massages, offered by an + employer for the benefit of its employees, including, but not + limited to, an employer\'s health benefit or wellness program when + offered to employees only, and only during the duration of the + employer sanctioned event; and +5. Students practicing internships at a state licensed massage school + under the direct supervision of a qualified instructor. + +(Code 1999, § 9-1303; Ord. No. 552(91), 4-15-1991; Ord. No. 678(10), +9-7-2010; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1204 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1204_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person, except those persons who are specifically exempted by this +chapter, whether acting as an individual manager, employee of the +manager, massage therapist or employee of the massage therapist, or +whether acting as a mere agent or independent contractor for the +manager, employee or massage therapist, or acting as a participant or +worker in any way directly or indirectly who gives massages or operates +a massage establishment or any of the services defined in this chapter +without first obtaining a license or permit and paying a fee to do so +from the city or shall violate any provisions of this chapter shall be +guilty of a misdemeanor and, upon conviction, such person shall be +punished as provided in section 1-108. + +(Code 1999, § 9-1304; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[ARTICLE 9-12B LICENSES AND +PERMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12B_LICENSES_AND_PERMITS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[DIVISION 1 +GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_1_GENERALLY){.k-link +target="_blank" style="color:#0000EE"}\ +[DIVISION 2 MASSAGE ESTABLISHMENT +LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_2_MASSAGE_ESTABLISHMENT_LICENSE){.k-link +target="_blank" style="color:#0000EE"}\ +[DIVISION 3 MASSAGE THERAPIST +LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_3_MASSAGE_THERAPIST_LICENSE){.k-link +target="_blank" style="color:#0000EE"}\ +[DIVISION 4 OFF-SITE MASSAGE +LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_4_OFF-SITE_MASSAGE_LICENSE){.k-link +target="_blank" style="color:#0000EE"}\ +[DIVISION 5 SEATED MASSAGE +LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_5_SEATED_MASSAGE_LICENSE){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[DIVISION 1 +GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_1_GENERALLY){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1211 +Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1211_Term){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-1211 +Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1211_Term){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every license or permit issued pursuant to the provisions of this +article shall terminate at the expiration of one year from the date of +its issuance unless sooner suspended or revoked. Said license or permit +shall be renewed annually pursuant to the same standards and +requirements set forth in this chapter. + +(Code 1999, § 9-1311; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[DIVISION 2 MASSAGE ESTABLISHMENT +LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_2_MASSAGE_ESTABLISHMENT_LICENSE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1221 +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1221_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1222 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1222_Application){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1223 Inspection Of +Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1223_Inspection_Of_Premises){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1224 Facilities Necessary For +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1224_Facilities_Necessary_For_License){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1225 +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1225_Issuance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1226 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1226_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1227 Transfer +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1227_Transfer_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1228 Use Of False Names Or Improper +Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1228_Use_Of_False_Names_Or_Improper_Location){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1229 +Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1229_Display){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1230 Revocation Or +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1230_Revocation_Or_Suspension){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1231 +Appeal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1231_Appeal){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-1221 +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1221_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall own, control, lease, act as agent for, conduct, operate, +or manage an establishment for massaging any person without first +securing a license and paying the fee therefor. A separate license shall +be required for each place of business. + +(Code 1999, § 9-1312; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1222 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1222_Application){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any person desiring a license for a massage establishment shall file + a written application with the city clerk, license and permit + division. The applicant shall furnish the following information: + 1. The type of ownership of the business (i.e., whether individual, + partnership, corporation, or otherwise); + 2. The name, style, and designation under which the business or + practice is to be conducted; + 3. The business address and all telephone numbers where the + business is to be conducted; + 4. A complete list of the names and residence addresses of all + massage therapists and employees in the business and the name + and residence address of the manager or other person principally + in charge of the operation of the business; + 5. The following personal information concerning the applicant, if + an individual; and concerning each stockholder holding more than + ten percent of the stock of the corporation, each officer and + each director, if the applicant is a corporation; and concerning + the partners, including limited partners, if the applicant is a + partnership; and concerning the manager or other person + principally in charge of the operation of the business: + 1. Name, complete residence address and residence telephone + numbers; + 2. The two previous addresses immediately prior to the present + address of the applicant; + 3. Written proof that the applicant is at least 18 years of + age; + 4. Height, weight, color of hair and eyes, and sex; + 5. Two front-face-portrait photographs taken within 30 days of + the date of the application and at least two inches by two + inches in size; + 6. The massage or similar business history and experience ten + years prior to the date of application, including, but not + limited to, whether or not such person in previously + operating in this or another city or state under license or + permit has had such license or permit denied, revoked, or + suspended and the reason therefor, and the business + activities or occupations subsequent to such action of + denial, suspension or revocation; + 7. All criminal convictions, except misdemeanor traffic + violations; and + 8. A complete set of fingerprints taken and to be retained on + file by the police chief or his authorized representatives; + 6. Such other information and identification of the applicant as + shall be deemed necessary by the police chief to discover the + truth of the matters hereinbefore required to be set forth in + the application; + 7. Authorization for the city, its agents and employees to seek + information and conduct an investigation into the truth of the + statements set forth in the application and the qualifications + of the applicant for the licenses; + 8. The names and addresses of three adult residents of the county + who will serve as character references. These references must be + persons other than relatives and business associates; and + 9. A written declaration by the applicant, under penalty of + perjury, that the information contained in the application is + true and correct, the declaration being duly dated and signed in + the city. +2. Along with the written application, the applicant shall provide to + the chief of police or his designee, for each employee, licensee, + manager and massage therapist: + 1. Two forms of state or federal issued identification, at least + one must have a picture of the applicant; + 2. A state criminal history report from the state bureau of + investigation dated no more than 30 days prior to the date the + application was submitted. + +(Code 1999, § 9-1313; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1223 Inspection Of +Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1223_Inspection_Of_Premises){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +To ensure compliance with this division, before a license is granted for +any massage establishment the city shall cause an inspection to be made +of the location of the establishment, the equipment and facilities, and +the sanitary conditions. The city\'s inspector shall make a report +thereof in writing, which shall be filed with and become a part of the +application. + +(Code 1999, § 9-1314; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1224 Facilities Necessary For +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1224_Facilities_Necessary_For_License){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No license to conduct a massage establishment shall be issued if an + inspection by the city or its designee reveals that the facilities + do not comply with each of the following requirements: + 1. If the establishment provides tubs, steam baths and showers, + said facilities shall be made waterproof with approved + waterproofing materials and shall be installed in accordance + with the building and plumbing codes of the city; + 2. If the establishment provides steam rooms and shower + compartments, said facilities shall have waterproof floors, + walls and ceilings approved by the city or its designee; + 3. If the establishment provides wet and dry heat rooms, the floors + shall be adequately pitched to one or more floor drains properly + connected to the sewer, provided that dry heat rooms with wooden + floors need not be provided with pitched floors and floor + drains; + 4. A source of hot water must be available within the immediate + vicinity of dry and wet heat rooms to facilitate cleaning; + 5. The premises shall have adequate equipment for disinfecting and + sterilizing non-disposable instruments and materials used in + administering massages. Such non-disposable instruments and + materials shall be disinfected after use on each patron; + 6. Protected cabinets shall be provided and used for storage clean + linen, towels and other materials used in connection with + administering massages. All soiled linens, towels and other + materials shall be kept in properly covered containers or + cabinets, which containers or cabinets shall be kept separate + from the clean storage areas; + 7. Toilet facilities shall be provided in convenient locations and + shall comply with all building and plumbing codes of the city; + 8. Lavatories or washbasins provided with both hot and cold running + water shall be installed in either the toilet room or a + vestibule. Lavatories or washbasins shall be provided with soap + and a dispenser and with sanitary towels; + 9. All electrical equipment shall be installed in accordance with + the requirements of the city\'s electrical ordinances; and + 10. The establishment shall have adequate equipment such as massage + tables and/or chairs for administering massage. Said equipment + shall be of a washable material and kept clean and in good + repair. +2. Nothing contained herein shall be construed to eliminate other + requirements of statute or ordinance concerning the maintenance of + premises nor to preclude authorized inspection thereof, whenever + such inspection is deemed necessary by the police or city\'s license + and permit division. + +(Code 1999, § 9-1315; Ord. No. 552(91), 4-15-1991; Ord. No. 39(92), +11-16-1992; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1225 +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1225_Issuance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If the city\'s inspector find no violations or compliance problems, he +shall cause such approval to be delivered to the license and permit +division, who shall issue the license unless it finds: + +1. The correct license fee has not been tendered to the city, and, in + the case of a check or bank draft, not honored with payment upon + presentation. +2. The operation, as proposed by the applicant, if permitted, would not + comply with all applicable laws, including, but not limited to, the + city\'s building, zoning and health ordinances. +3. The applicant, if an individual; or any of the stockholders holding + more than ten percent of the stock of the corporation, any of the + officers and directors, if the applicant is a corporation; or any of + the partners, including limited partners, if the applicant is a + partnership; or the manager or other person principally in charge of + the operation of the business, have been convicted of any of the + following offenses: + 1. An offense involving the use of force and violence upon the + person of another that amounts to a felony; + 2. An offense involving sexual misconduct as defined in section + 9-1201; or + 3. An offense involving narcotics, dangerous drugs or dangerous + weapons that amounts to a felony. + + The city may issue a license to any person convicted of any of the + crimes described above if such conviction occurred at least five + years prior to the date of the application and the applicant has had + no subsequent felony convictions of any nature and no subsequent + misdemeanor convictions for any such crime mentioned above. +4. The applicant has knowingly made any false, misleading, or + fraudulent statement of fact in the application or in any document + required by the city in conjunction therewith. +5. The applicant has had a massage establishment, massage therapist or + other similar permit or license denied, revoked, or suspended by the + city or any other state or local agency within five years prior to + the date of the application. +6. The applicant, if an individual; or any of the officers and + directors, if the applicant is a corporation; or any of the + partners, including limited partners, if the applicant is a + partnership; and the manager or other person principally in charge + of the operation of the business, is not at least 18 years of age; + and +7. The applicant\'s facility has not met the requirements of section + 9-1224. + +(Code 1999, § 9-1316; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1226 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1226_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A person who is required by the provisions of this article to obtain a +license shall pay to the city the fee established by ordinance or +appropriate resolution. Copies of such ordinance or resolution will be +on file in the office of the city clerk. + +(Code 1999, § 9-1317; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1227 Transfer +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1227_Transfer_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A license for the operation of a massage establishment at a particular +location shall never be transferred. + +(Code 1999, § 9-1318; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1228 Use Of False Names Or Improper +Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1228_Use_Of_False_Names_Or_Improper_Location){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person granted a license pursuant to this division shall operate the +massage establishment under a name not specified in his license, nor +shall he conduct business under any designation or location not +specified in his license. + +(Code 1999, § 9-1319; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1229 +Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1229_Display){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person licensed under this division shall display such license in +a prominent place on the licensed premises. + +(Code 1999, § 9-1320; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1230 Revocation Or +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1230_Revocation_Or_Suspension){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any license issued for a massage establishment may be revoked or +suspended by the city after notice and hearing upon not less than ten +days\' notice, by certified mail to the last-known address of the +licensee, or personal service on the licensee. Such notice shall be +calculated from the date of mailing or in the case of personal service, +from the date of service upon the licensee. A license or permit issued +under this division may be revoked or suspended by the license or permit +division, for good cause, or in any case where any of the provisions of +this division are violated or where any employee of the licensee, +including a massage therapist, is engaged in any conduct which violates +any of the state or local laws or ordinances and the licensee has actual +or constructive knowledge by due diligence, or upon a finding by the +county health department, that such business is being managed, conducted +or maintained without regard to proper sanitation and hygiene. + +(Code 1999, § 9-1321; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1231 +Appeal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1231_Appeal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any applicant or licensee whose license has been denied, revoked or + suspended shall have the right to appeal the decision of the + licensing officer to the city council. The city council shall have + the power to sustain, reverse or modify the decision of the + licensing officer. +2. Any person appealing a decision of the licensing officer shall give + written notice of appeal to the city clerk not more than ten days, + exclusive of Saturdays, Sundays and city holidays, after the date of + the decision of the licensing officer. Such notice shall set forth + the reason for the appeal and the specific points on which the + licensing officer allegedly erred. +3. An appeal shall stay any decision of the licensing officer which + would require the discontinuance of an existing licensed activity. +4. A hearing before the city council shall be scheduled within 30 days + from the date the notice of appeal is filed. Notice of such hearing + shall be mailed to the person appealing and all other interested + parties of record, not less than five days prior to such hearing. + +(Code 1999, § 9-1322; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[DIVISION 3 MASSAGE THERAPIST +LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_3_MASSAGE_THERAPIST_LICENSE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1241 +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1241_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1242 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1242_Application){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1243 Issuance +Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1243_Issuance_Standards){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1244 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1244_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1245 +Posting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1245_Posting){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1246 Revocation Or +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1246_Revocation_Or_Suspension){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-1241 +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1241_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person engaged in massaging, including seated massage, shall be +required to obtain a license from the supervisor of licenses before +engaging in the practice of massaging. No such license shall be issued +unless the applicant also is licensed under The Massage Therapy Practice +Act (59 O.S. § 4200.1 et seq.). + +(Code 1999, § 9-1331; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1242 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1242_Application){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any person desiring the permit required by the provisions of this + division shall file a written application with the city clerk, + license and permit division. The applicant shall furnish the + following information: + 1. The business address and all telephone numbers where the massage + is to be practiced. + 2. The following personal information concerning the applicant: + 1. Name, complete residence address and residence telephone + numbers; + 2. The two previous addresses immediately prior to the present + address of the applicant; + 3. Height, weight, color of hair and eyes, and sex; + 4. Two front-face-portrait photographs taken within 30 days of + the date of application and at least two inches by two + inches in size; + 5. The massage or similar business history and experience ten + years prior to the date of application, including, but not + limited to, whether or not such person in previously has + been operating in this or another city or state under a + license or permit and whether such license or permit, been + denied, revoked, or suspended and the reason therefor, and + the business activities or occupations subsequent to such + action of denial, suspension, or revocation; + 6. A complete set of fingerprints taken and to be retained on + file by the police chief or his authorized representatives; + and + 7. A copy of a current and valid massage therapist license + issued by the State Board of Cosmetology and Barbering + issued under the Massage Therapy Practice Act (59 O.S. § + 4200.1 et seq.). + 3. Such other information and identification of the person deemed + necessary by the police chief in order to discover the truth of + the matters required above. + 4. Authorization for the city, its agents and employees, to seek + information and conduct an investigation into the truth of the + statements set forth in the application and the qualifications + of the applicant for the permit. + 5. A written declaration by the applicant, under penalty of + perjury, that the information contained in the application is + true and correct, the declaration being duly dated and signed in + the city. + 6. A statement showing the name and address of the person by whom + the massage therapist is employed, if applicable, and such + massage therapist shall file successive statements if a change + is made in the employment of the massage therapist during the + existence of the permit. +2. Along with the written application, the applicant shall provide to + the chief of police or his designee: + 1. Two forms of state or federal issued identification, at least + one must have a picture of the applicant; and + 2. A state criminal history report from the state bureau of + investigation dated no more than 30 days prior to the date the + application was submitted. + +(Code 1999, § 9-1332; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[901(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346932_Ordinance%20No.%20901%20(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 3/4/2019\ +* +::: + +
+ +::: phx-name +[Sec 9-1243 Issuance +Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1243_Issuance_Standards){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No license shall be issued pursuant to the provisions of this division +if: + +1. The correct permit fee has not been tendered to the city, and, in + the case of a check or bank draft, not honored with payment upon + presentation. +2. The applicant has been convicted of any of the following offenses or + convicted or an offense without the state that would have + constituted any of the following offenses if committed within the + state: + 1. An offense involving the use of force and violence upon the + person of another that amounts to a felony; + 2. An offense involving sexual misconduct as defined in section + 9-1201; or + 3. An offense involving narcotics, dangerous drugs or dangerous + weapons that amounts to a felony. + + The city may issue a permit to any person convicted of any of the + crimes described above if it finds that such conviction occurred at + least five years prior to the date of the application and the + applicant has had no subsequent felony convictions of any nature and + no subsequent misdemeanor convictions for any such crime mentioned + above. +3. The applicant has knowingly made any false, misleading, or + fraudulent statement of fact in the permit application or in any + document required by the city in conjunction therewith. +4. The applicant has had a massage establishment, massage therapists, + or other similar permit or license denied, revoked, or suspended by + the city or any other state or local agency within five years prior + to the date of the application. +5. The applicant is not at least 18 years of age. + +(Code 1999, § 9-1333; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1244 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1244_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A person who is required by the provisions of this division to obtain a +permit shall pay to the city the fee established by ordinances or +appropriate resolution. Copies of such ordinance or resolution shall be +on file in the office of the city clerk. + +(Code 1999, § 9-1334; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1245 +Posting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1245_Posting){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every massage therapist or manager shall post the permit required by +this division in his work area. + +(Code 1999, § 9-1335; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[Sec 9-1246 Revocation Or +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1246_Revocation_Or_Suspension){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any license issued for a manager or massage therapist may be revoked or +suspended by the city pursuant to the provision of sections 9-1230 and +9-1231. + +(Code 1999, § 9-1336; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), +9-6-2011) + +
+ +::: phx-name +[DIVISION 4 OFF-SITE MASSAGE +LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_4_OFF-SITE_MASSAGE_LICENSE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1251 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1251_License_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1252 Requirements Necessary For A +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1252_Requirements_Necessary_For_A_License){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1253 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1253_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-1251 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1251_License_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall engage in off-site services as defined in section 9-1201 +without first securing a license from the city clerk, license and permit +division, and paying the fee therefor. + +(Code 1999, § 9-1341; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1252 Requirements Necessary For A +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1252_Requirements_Necessary_For_A_License){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No license to conduct off-site services shall be issued unless the +following requirements are met: + +1. The applicant must have a valid massage therapist license issued by + the city; +2. The applicant shall have adequate means, such as germicide or + alcohol, for disinfecting and sterilizing non-disposable instruments + and materials used in administering massages. Such non-disposable + instruments and materials shall be disinfected after use on each + patron; +3. The applicant shall have adequate means of disinfecting hands prior + to administering a massage; +4. The applicant shall have adequate means of separating linens from + any chemicals, oils, or other wet items; and +5. The applicant shall have adequate equipment, such as a table or + massage chair, for administering massages. Said equipment shall be + of a washable material and kept clean and in good repair. + +(Code 1999, § 9-1342; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1253 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1253_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A person who is required by the provisions of this division to obtain a +permit shall pay to the city the fee established by ordinances or +appropriate resolution. Copies of such ordinance or resolution shall be +on file in the office of the city clerk. + +(Code 1999, § 9-1343; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[DIVISION 5 SEATED MASSAGE +LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_5_SEATED_MASSAGE_LICENSE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1261 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1261_License_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1262 Requirements Necessary For A +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1262_Requirements_Necessary_For_A_License){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-1261 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1261_License_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall engage in seated massage services as defined in section +9-1201 without first securing a massage therapist license from the city +clerk, license and permit division, and paying the fee therefor. + +(Code 1999, § 9-1351; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1262 Requirements Necessary For A +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1262_Requirements_Necessary_For_A_License){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Seated massage, as defined in section 9-1201 may be performed at a +massage establishment or off-site, provided it meets the following +conditions: + +1. Seated massage shall only be offered at a commercial or industrial + place of business and only for employees and/or patrons of that + business. +2. Seated massage shall be offered in a public area only, to which all + patrons or employees are provided free access. +3. Chairs/seats used for seated massage shall be constructed of + non-porous, easily cleanable materials and shall be cleaned and + sanitized after each use. Any openings, splits or tears shall be + repaired before the next use. + +(Code 1999, § 9-1352; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[ARTICLE 9-12C OPERATING +REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12C_OPERATING_REQUIREMENTS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1271 Sanitation +Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1271_Sanitation_Generally){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1272 Posting Of +Prices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1272_Posting_Of_Prices){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1273 Employee +Register](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1273_Employee_Register){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1274 Records +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1274_Records_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1275 Employment Of Massage +Therapists](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1275_Employment_Of_Massage_Therapists){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1276 Contagious +Diseases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1276_Contagious_Diseases){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1277 Required +Dress](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1277_Required_Dress){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1278 Sheets And +Towels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1278_Sheets_And_Towels){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1279 Operating +Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1279_Operating_Hours){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1280 +Advertising](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1280_Advertising){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1281 Persons Under 18 Prohibited On +Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1281_Persons_Under_18_Prohibited_On_Premises){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1282 Alcoholic Beverages And Low-Point +Beer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1282_Alcoholic_Beverages_And_Low-Point_Beer){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1283 Indecent +Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1283_Indecent_Conduct){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1284 Requirements For Cubicles, Booths, +Etc.](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1284_Requirements_For_Cubicles,_Booths,_Etc.){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1285 Treatment Of Diseased +Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1285_Treatment_Of_Diseased_Persons){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-1271 Sanitation +Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1271_Sanitation_Generally){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every place where a massage is being conducted, including appliances and +apparatus, shall be kept clean and operated in a sanitary condition. + +(Code 1999, § 9-1361; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1272 Posting Of +Prices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1272_Posting_Of_Prices){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Price rates for massage services, including seated massage and off-site +services, shall be prominently displayed in a location available to all +prospective customers. + +(Code 1999, § 9-1362; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1273 Employee +Register](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1273_Employee_Register){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The licensee or person designated by the licensee of a massage +establishment shall maintain a register of all persons employed at any +time as massage therapists and their permit numbers. Such register shall +be posted at the massage establishment at all times. + +(Code 1999, § 9-1363; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1274 Records +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1274_Records_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every massage establishment, manager or permittee or licensee +administering a massage shall maintain an appointment book in which +shall be entered the name of each and every patron, the time, date and +place of service and the service provided. + +(Code 1999, § 9-1364; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1275 Employment Of Massage +Therapists](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1275_Employment_Of_Massage_Therapists){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall employ as an operator a massage therapist any person +unless the employee has obtained and has in effect a permit license +issued pursuant to this chapter. + +(Code 1999, § 9-1365; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1276 Contagious +Diseases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1276_Contagious_Diseases){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Except as otherwise provided, no manager of any massage establishment +shall employ or permit any massage therapist to work and no massage +therapist shall work in any establishment or location which is affected +with any infectious, contagious or communicable disease or any disease +which may, by law, be required to be reported to the health department +of the city or of the state. + +(Code 1999, § 9-1366; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1277 Required +Dress](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1277_Required_Dress){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All employees of a massage establishment, and all massage therapists, +shall be clean and wear clean, nontransparent outer garments, covering +the sexual and genital areas. + +(Code 1999, § 9-1367; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1278 Sheets And +Towels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1278_Sheets_And_Towels){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All places where massage is being conducted shall have clean laundered +sheets and towels in sufficient quantity and which shall be laundered +after each use thereof and stored in a sanitary manner. + +(Code 1999, § 9-1368; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1279 Operating +Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1279_Operating_Hours){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No massage establishment or off-site service shall be kept open or +provide massaging between the hours of 10:00 p.m. and 8:00 a.m. + +(Code 1999, § 9-1369; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1280 +Advertising](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1280_Advertising){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No massage establishment or massage therapist shall place, publish or +distribute, or cause to be placed, published or distributed, any +advertisement, picture, or statement which is known, or through the +exercise of reasonable care should be known, to be false, deceptive or +misleading in order to induce any person to purchase or utilize any +professional massage services. Any advertisement of a massage +establishment or massage therapist shall contain the license number of +said establishment or therapist. + +(Code 1999, § 9-1370; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1281 Persons Under 18 Prohibited On +Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1281_Persons_Under_18_Prohibited_On_Premises){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall permit any person under the age of 18 years to come or +remain on the premises of any massage establishment as a massage +therapist, employee, patron, or in any other capacity without +parental/legal guardian presence or written consent, unless such person +is on the premises on lawful business. + +(Code 1999, § 9-1371; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1282 Alcoholic Beverages And Low-Point +Beer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1282_Alcoholic_Beverages_And_Low-Point_Beer){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall sell, give, dispense, provide or keep, or cause to be +sold, given, dispensed, provided or kept, any alcoholic beverage as +defined in 37 O.S. § 506, or low-point beer as defined in 37 O.S. § +163.2, on the premises of any massage establishment or place where +massaging is being conducted. + +(Code 1999, § 9-1372; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1283 Indecent +Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1283_Indecent_Conduct){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It shall be unlawful for any person, conducting a massage, to place + his hands upon, to touch with any part of his body, to fondle in any + manner, or to massage, a sexual or genital part area of any other + person. +2. It shall be unlawful for any person, in a massage establishment + conducting a massage, to expose his sexual or genital areas, or any + portion thereof, to any other person. It shall also be unlawful for + any person, conducting a massage, to expose the sexual or genital + areas, or any portions thereof, of any other person. +3. It shall be unlawful for any person, while in the presence of any + other person conducting a massage, to fail to conceal with a fully + opaque covering, the sexual or genital areas of his body. +4. It shall be unlawful for any person owning, operating or managing a + massage establishment, knowingly to cause, allow or permit in or + about such massage establishment, any agent, employee, or any other + person under his control or supervision to perform such acts + prohibited in subsection (A), (B) or (C) of this section. + +(Code 1999, § 9-1373; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1284 Requirements For Cubicles, Booths, +Etc.](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1284_Requirements_For_Cubicles,_Booths,_Etc.){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It shall be unlawful for any massage to be carried on within any +cubicle, room, booth, or any area which is fitted with a door capable of +being locked. Nothing contained herein shall be construed to eliminate +other requirements of statute or ordinance concerning the maintenance of +premises, nor to preclude authorized inspection thereof, whenever such +inspection is deemed necessary by the police or county health +departments. + +(Code 1999, § 9-1374; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[Sec 9-1285 Treatment Of Diseased +Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1285_Treatment_Of_Diseased_Persons){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person affected with any contagious disease or with any disease of +the skin shall be treated with a massage. + +(Code 1999, § 9-1375; Ord. No. 704(11), 9-6-2011) + +
+ +::: phx-name +[CHAPTER 9-13 +PENALTIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-13_PENALTIES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1301 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1301_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-1301 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1301_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A violation of any of the provisions of this part is punishable as +provided in section 1-108. A violation of this part may also result in +revocation or suspension of a license issued hereunder, in addition to +other penalties or remedies authorized by law. + +(Code 1999, § 9-1501) + +
+ +::: phx-name +[CHAPTER 9-14 TATTOOING, BODY PIERCING AND MEDICAL +MICROPIGMENTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-14_TATTOOING,_BODY_PIERCING_AND_MEDICAL_MICROPIGMENTATION){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 9-14A TATTOOING, BODY PIERCING, MEDICAL +MICROPIGMENTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14A_TATTOOING,_BODY_PIERCING,_MEDICAL_MICROPIGMENTATION){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 9-14B LICENSES AND +PERMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14B_LICENSES_AND_PERMITS){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Body piercing and tattooing, 21 O.S. § 842.1 +et seq.; local regulation of body piercing and tattooing, 21 O.S. § +842.3.\ + +
+ +::: phx-name +[ARTICLE 9-14A TATTOOING, BODY PIERCING, MEDICAL +MICROPIGMENTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14A_TATTOOING,_BODY_PIERCING,_MEDICAL_MICROPIGMENTATION){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1401 Tattooing, Body Piercing, Medical +Micropigmentation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1401_Tattooing,_Body_Piercing,_Medical_Micropigmentation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1402 +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1402_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-1401 Tattooing, Body Piercing, Medical +Micropigmentation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1401_Tattooing,_Body_Piercing,_Medical_Micropigmentation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It shall be unlawful for any person to perform or offer to perform + body piercing or tattooing on a child under 18 years of age. No + person under 18 years of age shall be allowed to receive a tattoo. + No person under 18 years of age shall be allowed to receive a body + piercing procedure unless the parent or legal guardian of such child + gives written consent for the procedure, and the parent or legal + guardian of the child is present during the procedure. No person + shall be allowed to purchase or possess tattoo equipment or supplies + without being licensed either as a state medical micropigmentologist + or as a state tattoo artist. +2. Tattooing shall not be performed upon a person impaired by drugs or + alcohol. A person impaired by drugs or alcohol is considered + incapable of consenting to tattooing and incapable of understanding + tattooing procedures and aftercare suggestions. +3. The following words, terms and phrases, when used in this chapter, + shall have the meanings ascribed to them in this section, except + where the context clearly indicates a different meaning:\ + *Apprentice* means any person who is training under the supervision + of a licensed tattoo artist. That person cannot independently + perform the work of tattooing. The term \"apprentice\" also means + any person who is training under the supervision of a licensed body + artist. That person cannot independently perform the work of body + piercing.\ + *Artist* means the person who actually performs the body piercing or + tattooing procedure.\ + *Body piercing* means a procedure in which an opening is created in + a human body solely for the purpose of inserting jewelry or other + decoration; provided, however, the term does not include ear + piercing.\ + *Body piercing operator* means any person who owns, controls, + operates, conducts, or manages any permanent body piercing + establishment whether actually performing the work of body piercing + or not. A mobile unit, including, but not limited to, a mobile home, + recreational vehicle, or any other nonpermanent facility, shall not + be used as a body piercing establishment.\ + *Tattoo operator* means any person who owns, controls, operates, + conducts, or manages any permanent tattooing establishment whether + performing the work of tattooing or not, or a temporary location + that is a fixed location at which an individual tattoo operator + performs tattooing for a specified period of not more than seven + days in conjunction with a single event or celebration, where the + primary function of the event or celebration is tattooing.\ + *Tattooing* means the practice of producing an indelible mark or + figure on the human body by scarring or inserting a pigment under + the skin using needles, scalpels, or other related equipment, + provided that medical micropigmentation, performed pursuant to the + provisions of the Oklahoma Medical Micropigmentation Regulation Act, + shall not be construed to be tattooing. +4. This chapter shall not apply to any act of a licensed practitioner + of the healing arts performed in the course of such practitioner\'s + practice of the practitioner. + +(Code 1999, § 9-1600; Ord. No. 555(06), 9-18-2006) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[914(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287986_Ordinance%20914(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/3/2019\ +* +::: + +
+ +::: phx-name +[Sec 9-1402 +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1402_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All body piercing operators, tattoo operators and artists shall be + prohibited from performing body piercing or tattooing unless + licensed in the appropriate category by the state department of + health. +2. The city shall not grant or issue a license to a body piercing or + tattoo operator if the place of business of the body piercing or + tattoo operator is within 1,000 feet of a church, school, or + playground. + 1. The provisions of this subsection (B) shall not apply to the + renewal of licenses or to new applications for locations where + body piercing or tattoo operators are licensed at the time the + application is filed with the department. + 2. The following words, terms and phrases, when used in this + subsection (B), shall have the meanings ascribed to them in this + subsection, except where the context clearly indicates a + different meaning:\ + \ + *Church* means an establishment, other than a private dwelling, + where religious services are usually conducted\ + \ + *Playground* means a place, other than grounds at a private + dwelling, that is provided by the public or members of a + community for recreation.\ + *\ + School* means an establishment, other than a private dwelling, + where the usual processes of education are usually conducted.\ + +(Code 1999, § 9-1601; Ord. No. 555(06), 9-18-2006) + +
+ +::: phx-name +[ARTICLE 9-14B LICENSES AND +PERMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14B_LICENSES_AND_PERMITS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1411 +Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1411_Term){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1412 +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1412_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1413 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1413_Application){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1414 +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1414_Issuance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1415 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1415_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1416 Transfer +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1416_Transfer_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1417 Use Of False Names Or Improper +Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1417_Use_Of_False_Names_Or_Improper_Location){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1418 +Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1418_Display){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1419 Revocation Or +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1419_Revocation_Or_Suspension){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1420 +Appeal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1420_Appeal){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 9-1411 +Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1411_Term){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every license or permit issued pursuant to the provisions of this +article shall terminate at the expiration of one year from the date of +its issuance unless sooner suspended or revoked. + +(Code 1999, § 9-1602; Ord. No. 555(06), 9-18-2006) + +
+ +::: phx-name +[Sec 9-1412 +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1412_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No body piercing operator, tattooing operator or artist shall own, +control, lease, act as agent for, conduct, operate, or manage an +establishment for tattooing or body piercing without first securing a +license and paying the fee therefor. A separate license shall be +required for each office or place of business. + +(Code 1999, § 9-1603; Ord. No. 555(06), 9-18-2006) + +
+ +::: phx-name +[Sec 9-1413 +Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1413_Application){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any body piercing operator, tattooing operator, or artist desiring a +license for tattooing or body piercing shall file a written application +with the city clerk, license and permit division. The applicant shall +furnish the following information: + +1. A state department of health license issued in the appropriate + category; +2. The type of ownership of the business (i.e., whether individual, + partnership, corporation, or otherwise); +3. The name, style, and designation under which the business or + practice is to be conducted; +4. The business address and all telephone numbers where the business is + to be conducted; +5. A complete list of the names and residence address of all operators + and employees in the business and the name and residence address of + the manager or other person principally in charge of the operation; +6. The following personal information concerning the applicant, if an + individual; and concerning each stockholder holding more than ten + percent of the stock of the corporation, each officer and each + director, if the applicant is a corporation; and concerning the + partners, including limited partners, if the applicant is a + partnership; and the holder of any lien, of any nature, upon the + business or the equipment used therein; and concerning the manager + or other person principally in charge of the operation of the + business: + 1. Name, complete residence address and residence telephone + numbers; + 2. The two previous addresses immediately prior to the present + address of the applicant; + 3. Written proof that the applicant is at least 18 years of age; + 4. Height, weight, color of hair and eyes, and sex; + 5. Two front-face-portrait photographs taken within 30 days of the + date of the application and at least two inches by two inches in + size; + 6. All criminal convictions, except misdemeanor traffic violations; + and + 7. A complete set of fingerprints taken and to be retained on file + by the police chief or his authorized representatives; +7. Such other information, identification, and physical examination of + the applicant as shall be deemed necessary by the police chief to + discover the truth of the matters hereinbefore required to be set + forth in the application; +8. Authorization for the city, its agents and employees to seek + information and conduct an investigation into the truth of the + statements set forth in the application and the qualifications of + the applicant for the permit. + +(Code 1999, § 9-1604; Ord. No. 555(06), 9-18-2006) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[914(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287986_Ordinance%20914(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/3/2019\ +* +::: + +
+ +::: phx-name +[Sec 9-1414 +Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1414_Issuance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If the city\'s inspectors find no violations or compliance problems, the +inspector shall cause such approval to be delivered to the license and +permit division who shall issue the license unless it finds: + +1. The current license fee has not been tendered to the city, and, in + the case of a check or bank draft, not honored with payment upon + presentation. +2. The operation, as proposed by the applicant, if permitted, would not + comply with all applicable laws, including, but not limited to, the + city\'s building, zoning and health ordinances. +3. The applicant has knowingly made any false, misleading, or + fraudulent statement of fact in the application or in any document + therewith. +4. The applicant has attached copies of all state certificates and + surety bonds approved by the state attorney general and filed in the + office of the secretary of state. + +(Code 1999, § 9-1605; Ord. No. 555(06), 9-18-2006) + +
+ +::: phx-name +[Sec 9-1415 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1415_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A person who is required by the provisions of this article to obtain a +license shall pay to the city the fee established by ordinance or +appropriate resolution. + +(Code 1999, § 9-1606; Ord. No. 555(06), 9-18-2006) + +
+ +::: phx-name +[Sec 9-1416 Transfer +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1416_Transfer_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A license for the operation of a tattoo or body piercing establishment +at a particular location shall never be transferred. + +(Code 1999, § 9-1607; Ord. No. 555(06), 9-18-2006) + +
+ +::: phx-name +[Sec 9-1417 Use Of False Names Or Improper +Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1417_Use_Of_False_Names_Or_Improper_Location){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person granted a license pursuant to this article shall operate the +tattoo or body piercing establishment under a name not specified in his +license, nor shall he conduct business under any designation or location +not specified in his license. + +(Code 1999, § 9-1608; Ord. No. 555(06), 9-18-2006) + +
+ +::: phx-name +[Sec 9-1418 +Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1418_Display){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person licensed under this article shall display such license in a +prominent place on the licensed premises. + +(Code 1999, § 9-1609; Ord. No. 555(06), 9-18-2006) + +
+ +::: phx-name +[Sec 9-1419 Revocation Or +Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1419_Revocation_Or_Suspension){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any license issued for tattoo or body piercing may be revoked or +suspended by the city after notice and hearing upon not less than ten +days\' notice, by certified mail to the last-known address of the +licensee, or personal service on the licensee. Such notice shall be +calculated from the date of mailing or in the case of personal service, +from the date of service upon the license. A license or permit issued +under this article may be revoked or suspended by the license or permit +division, for good cause, or in any case where any of the provisions of +this chapter are violated or where any employee of the manager licensee, +including an operator, is engaged in any conduct which violates any of +the state or local laws or ordinances at the licensee\'s place of +business and the manager licensee has actual or constructive knowledge +by due diligence, or upon a finding by the county health department, +that such business is being managed, conducted or maintained without +regard to proper sanitation and hygiene. + +(Code 1999, § 9-1610; Ord. No. 555(06), 9-18-2006) + +
+ +::: phx-name +[Sec 9-1420 +Appeal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1420_Appeal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any applicant or licensee whose license has been denied, revoked or + suspended shall have the right to appeal the decision of the + licensing officer to the city council. The city council shall have + the power to sustain, reverse or modify the decision of the + licensing officer. +2. Any person appealing a decision of the licensing officer shall give + written notice of appeal to the city clerk not more than ten days, + exclusive of Saturdays, Sundays and city holidays, after the date of + the decision of the licensing officer. Such notice shall set forth + the reason for the appeal and the specific points on which the + licensing officer allegedly erred. +3. An appeal shall stay any decision of the licensing officer which + would require the discontinuance of an existing licensed activity. +4. A hearing before the city council shall be scheduled within 30 days + from the date the notice of appeal is filed. Notice of such hearing + shall be mailed to the person appealing and all other interested + parties of record, not less than five days prior to such hearing. + +(Code 1999, § 9-1611; Ord. No. 555(06), 9-18-2006) + +
+ +::: phx-name +[CHAPTER 9-15 HOME +OCCUPATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-15_HOME_OCCUPATIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 9-1501 Purpose And +Intent](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1501_Purpose_And_Intent){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1502 Home +Occupations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1502_Home_Occupations){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1503 Applicability And +Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1503_Applicability_And_Exemptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 9-1504 Action Regarding Complaints And Violation Of +Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1504_Action_Regarding_Complaints_And_Violation_Of_Standards){.k-link +target="_blank" style="color:#0000EE"}\ + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/7/2021\ +* +::: + +
+ +::: phx-name +[Sec 9-1501 Purpose And +Intent](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1501_Purpose_And_Intent){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The City Council hereby finds that there is a need to permit residents +of the community a broad choice in the use of their homes as a place of +livelihood and for the production or supplementing of personal and +family income. It is the intent of the city council to: + +1. Protect residential areas from potential adverse impact of + activities defined as home occupations. +2. Establish measurable and comprehensive criteria and standards for + the use of residential structures for home occupations. +3. Protect the public interest by enabling certain business activities + to be conducted from within residential properties subject to + limitations that will protect residential neighborhoods from the + potential impacts of such business activities. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/7/2021\ +* +::: + +
+ +::: phx-name +[Sec 9-1502 Home +Occupations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1502_Home_Occupations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A home occupation is any occupation or profession carried on in a +residence which is clearly incidental and secondary to the residential +use of the premises. Residents of a dwelling unit may conduct home +occupations as accessory activities, provided the residents observe the +following standards:\ + +1. Home occupations shall exhibit no evidence that a business is being + conducted from the premises. A home occupation shall not permit: + 1. Outside volunteers or employees to be engaged in the business + activity other than the persons principally residing on the + premises; + 2. Exterior signage which identifies the property as a business + location. +2. The total area devoted to all home occupation(s) shall not exceed 10 + percent of the gross floor area of the dwelling or housekeeping + unit. Areas within attached private garages and accessory storage + buildings shall not be considered part of the dwelling unit for + purposes of calculating allowable home occupation area but may be + used for indoor storage of goods associated with the home + occupation, as well as for the home occupation itself. +3. All on-site activities of the home occupation(s) shall be conducted + indoors; no outside storage is allowed. +4. The following activities are examples of permitted home occupations: + 1. Dressmaking, seamstresses, tailors; + 2. Artists and sculptors; + 3. Resident owned and operated beauty and/or barbershops (limited + to one chair); + 4. Tutoring limited to two students at a time; + 5. Home crafts, such as model making, rug weaving, and lapidary + work; + 6. Office facility of a minister, rabbi, or priest; + 7. Office facility of a salesman, sales representative or + manufacture\'s representative; + 8. Office facility of a professional; + 9. Repair shop for small (less than 1.5 cubic feet) household + items; + 10. Telephone answering or soliciting; + 11. Computer programming and small scale repair; + 12. Home cooking and preserving; + 13. Music and arts instruction (limited to two students at a time); + 14. Massage therapist; + 15. Typing/word processing service; + 16. Personal training (no more than two persons in a group); and + 17. Pet grooming (limited to two pets at a time).\ + \ + Additional uses may be allowed which meet the intent of this + chapter, if not specifically prohibited by subsection E below. +5. The following activities shall be prohibited as home occupations: + 1. Repair, building or servicing of vehicles; + 2. Antique shop; + 3. Gift shop; + 4. Veterinary clinic or hospital; + 5. Painting of vehicles, trailers or boats; + 6. Large appliance repair (including stoves, refrigerators, washers + and dryers); + 7. Upholstering; + 8. Cabinet and woodworking shops; + 9. Machine and sheet metal shops; + 10. Martial arts or dance/aerobics studio; + 11. Small engine repair and any use which may include hazardous + chemicals; + 12. Dispensing of medical drugs or other items which may be + potentially hazardous to the surrounding area; + 13. Parking and storage of heavy equipment; + 14. Storage and/or distribution for use on other properties of + building materials, toxic or flammable materials, fertilizer, + and spray painting or spray finishing operations that involve + toxic or flammable materials which, in the judgement of the Fire + Marshal, pose a dangerous risk to the residence, its occupants, + and/or surrounding properties; + 15. Retail sales; + 16. Mortuaries; + 17. Dancing studios, exercise studios; + 18. Private clubs; + 19. Restaurants; and + 20. Medical marijuana sales, production, and collective gardens. +6. Sales shall be limited to mail order and telephone sales, with + off-site delivery. No on-site retail sales are permitted. +7. Services to patrons shall be arranged by appointment or provided off + site. +8. The home occupation(s) shall not use electrical or mechanical + equipment that results in: + 1. A change to the fire rating of the structure(s) used for the + home occupation(s); + 2. Visual or audible interference in radio or television receivers, + or electronic equipment located off premises; or + 3. Fluctuations in line voltage off premises. +9. There shall be no offensive noise, vibration, smoke, dust, odors, + heat, light or glare noticeable at or beyond the property line + resulting from the operation. +10. The home occupation shall not pave any additional area beyond the + normal paved area of a driveway for the purpose of accommodating + additional off street parking. +11. No business involving the pickup or delivery of good or products + will be conducted between the hours of 7:00 pm and 7:00 am. +12. The home occupation shall not include the remodeling of the exterior + of the dwelling or the accessory structure that changes the + residential character. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/7/2021\ +* +::: + +
+ +::: phx-name +[Sec 9-1503 Applicability And +Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1503_Applicability_And_Exemptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall carry on a home occupation, or permit such use to + occur on property which that person owns or is in lawful control of, + contrary to the provisions of this chapter. +2. Home occupation regulations shall not apply to: + 1. Conducting of occasional \"host\" parties where goods, such as + cosmetic supplies, are sampled or displayed; + 2. Paperwork and similar activities performed by residents, who may + have a primary office elsewhere and when no additional traffic + is generated; + 3. Services or activities that are not performed at the residence, + such as newspaper delivery, and babysitting; + 4. Garage sales, subject to the requirements of the City of Moore; + 5. Hobbies that do not result in payment to those engaged in such + activity; and +3. A maximum of one home occupation may be conducted on a property. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/7/2021\ +* +::: + +
+ +::: phx-name +[Sec 9-1504 Action Regarding Complaints And Violation Of +Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1504_Action_Regarding_Complaints_And_Violation_Of_Standards){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Complaints. The City of Moore or the public may originate + complaints. Complaints from the public shall clearly state the + objection to the home occupation, such as but not limited to: + 1. Generation of excessive traffic; + 2. Exclusive use of on-street parking spaces; or + 3. Other offensive activities not compatible with a residential + neighborhood. +2. Review of Complaints. The community development director, and/or + his/her designee, shall review written complaints. The community + development director and/or his/her designee shall notify the + operator in writing of the complaints and the operator shall have 10 + days to provide a written response to the complaints. Within 10 days + of the filing of the written response of the operator, the director + shall either approve the use as it exists, order the home occupation + to cease, or compel measures to be taken to ensure compatibility + with the neighborhood and conformance with this chapter and provide + written notice to the operator of the director\'s decision. +3. Cessation of Home Occupation Pending Review. If it is determined by + the community development director, and/or his/her designee, in the + exercise of reasonable discretion, that the home occupation is + question will affect public health and safety, the use may be + ordered to cease, pending city council review and/or exhaustion of + all appeals. +4. City Council Review. The City Council shall either approve the use + as it exists, compel suitable restrictions and conditions to ensure + compatibility with the neighborhood, or order the cessation of the + Home Occupation. +5. Penalty. If a personal violates subsection (C) or (D) of this + section after the community development director or City Council has + ordered the occupation to cease, it shall be considered an offence + punishable as provided in section 1-108 and 1-109. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/7/2021\ +* +::: + +
+ +::: {.phx-name .phx-break} +[PART 10 OFFENSES AND +CRIMES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_10_OFFENSES_AND_CRIMES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 10-1 GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-1_GENERAL_PROVISIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 10-2 OFFENSES AGAINST +PERSONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-2_OFFENSES_AGAINST_PERSONS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 10-3 OFFENSES AGAINST +PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-3_OFFENSES_AGAINST_PROPERTY){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 10-4 OFFENSES AGAINST PUBLIC +PEACE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-4_OFFENSES_AGAINST_PUBLIC_PEACE){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 10-5 OFFENSES AGAINST THE +PUBLIC](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-5_OFFENSES_AGAINST_THE_PUBLIC){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 10-6 OFFENSES AGAINST PUBLIC +AUTHORITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-6_OFFENSES_AGAINST_PUBLIC_AUTHORITY){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 10-7 GANG-RELATED +ACTIVITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-7_GANG-RELATED_ACTIVITIES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 10-8 JUVENILE +OFFENSES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-8_JUVENILE_OFFENSES){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[CHAPTER 10-1 GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-1_GENERAL_PROVISIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 10-101 Attempts To Commit An +Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-101_Attempts_To_Commit_An_Offense){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-102 Aiding In An +Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-102_Aiding_In_An_Offense){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-103 \"Offense\" +Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-103_%22Offense%22_Defined){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-104 \"Violation\" +Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-104_%22Violation%22_Defined){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-105 Penalty Not To Excuse +Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-105_Penalty_Not_To_Excuse_Offense){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-106 Capacity To Commit +Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-106_Capacity_To_Commit_Offense){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-107 Intoxication, No +Defense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-107_Intoxication,_No_Defense){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-108 Witness, +Self-Incrimination](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-108_Witness,_Self-Incrimination){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-109 +Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-109_Nuisances){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-110 +Conspiracy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-110_Conspiracy){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-111 Limitations Of +Actions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-111_Limitations_Of_Actions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-112 Lawful Use Of +Force](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-112_Lawful_Use_Of_Force){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 10-101 Attempts To Commit An +Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-101_Attempts_To_Commit_An_Offense){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person who attempts to commit an offense against the ordinances of +the city, and in such attempt does any act toward the commission of such +offense, but fails or is prevented or intercepted in the perpetration +thereof, is guilty of an offense, and shall be punished in the manner +prescribed for the attempted offense itself. + +(Prior Code, § 16-1; Code 1999, § 10-101) + +**State Law reference**--- Attempts to commit crimes, 21 O.S. § 41 et +seq. + +
+ +::: phx-name +[Sec 10-102 Aiding In An +Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-102_Aiding_In_An_Offense){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +When no punishment for counseling or aiding in the commission of a +particular offense is expressly prescribed by ordinance, every person +who counsels or aids another in the commission of such is guilty of an +offense, or misdemeanor, and punishable in the same manner as the +principal offender. + +(Prior Code, § 16-2; Code 1999, § 10-102) + +
+ +::: phx-name +[Sec 10-103 \"Offense\" +Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-103_%22Offense%22_Defined){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The term \"offense,\" whenever used in this Code or in any part, +chapter, article or ordinance of the city, means the unlawful act of +doing, or failing to do, some particular act or thing construed therein +to be detrimental to the general welfare, morals, peace, health or +safety of the inhabitants of the city. + +(Code 1999, § 10-103) + +
+ +::: phx-name +[Sec 10-104 \"Violation\" +Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-104_%22Violation%22_Defined){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The doing of any of the acts or things prohibited, or failing to do any +of the acts or things commanded to be done, as more fully specified and +set forth by any provision of this Code or any part, chapter or article +hereof, or future ordinances of the city, is hereby declared to be an +offense against the good order, public peace, morals, health, proper +government and welfare of the city and unlawful. + +(Code 1999, § 10-104) + +
+ +::: phx-name +[Sec 10-105 Penalty Not To Excuse +Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-105_Penalty_Not_To_Excuse_Offense){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The imposition of one penalty for an offense shall not excuse it or +permit it to continue, nor prevent the imposition of further penalties, +should the offenses be continued or permitted to continue. + +(Code 1999, § 10-105) + +
+ +::: phx-name +[Sec 10-106 Capacity To Commit +Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-106_Capacity_To_Commit_Offense){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All persons are capable of committing an offense as herein provided, +except those belonging to the classes following: + +1. Children under the age of seven years; +2. Children over the age of seven years, but under the age of 14 years, + in the absence of proof that at the time of committing the act or + neglect charged against them they knew its wrongfulness; +3. Persons who are impaired by reason of mental retardation upon proof + that at the time of committing the act charged against them they + were incapable of knowing its wrongfulness; +4. Mentally ill persons, and all persons of unsound mind, including + persons temporarily or partially deprived of reason, upon proof that + at the time of committing the act charged against them they were + incapable of knowing its wrongfulness; +5. Persons who committed the act, or made the omission charged, under + an ignorance or mistake of fact which disproves any criminal intent. + But ignorance of the law does not excuse from punishment for its + violation; +6. Persons who committed the act charged without being conscious + thereof; and +7. Persons who committed the act, or made the omission charged, while + under involuntary subjection to the power of superiors. + +(Code 1999, § 10-106) + +**State Law reference**--- Similar provisions, 21 O.S. § 152. + +
+ +::: phx-name +[Sec 10-107 Intoxication, No +Defense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-107_Intoxication,_No_Defense){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No act committed by any person while in a state of intoxication, whether +from liquor or drugs, shall be deemed less an offense by reason of his +being in such condition. + +(Code 1999, § 10-107) + +**State Law reference**--- Similar provisions, 21 O.S. § 153. + +
+ +::: phx-name +[Sec 10-108 Witness, +Self-Incrimination](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-108_Witness,_Self-Incrimination){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person otherwise competent as a witness shall be incapacitated, +excused or disqualified from testifying concerning the offense mentioned +in any section, division, article, chapter or part of this Code, or any +ordinances hereafter enacted on the ground that his testimony might +incriminate him, but the testimony which may be given by such witness +shall in no case be used against him. + +(Code 1999, § 10-108) + +
+ +::: phx-name +[Sec 10-109 +Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-109_Nuisances){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful and an offense for any person to permit, maintain, aid, +abet, or sanction a nuisance on or about any premises owned by him or +under his control at any place within the corporate limits of the city. + +(Code 1999, § 10-109) + +**State Law reference**--- Nuisances, 21 O.S. § 1 et seq. + +
+ +::: phx-name +[Sec 10-110 +Conspiracy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-110_Conspiracy){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any two or more persons assembled or who shall assemble with the intent +to mutually agree to do any unlawful act with force or violence and +shall make any movement therefor against the property of the city or the +person or property of another person shall be guilty of an offense. + +(Code 1999, § 10-110) + +**State Law reference**--- Conspiracy, 21 O.S. § 421 et seq. + +
+ +::: phx-name +[Sec 10-111 Limitations Of +Actions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-111_Limitations_Of_Actions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The time within which a charge may be filed under the provisions of this +chapter shall be one year from the date of the commission or omission or +in cases involving fraud, deception or deceit, one year from the +discovery of the fraud, deception or deceit, unless otherwise provided +by the statutes of the state. + +(Code 1999, § 10-111) + +
+ +::: phx-name +[Sec 10-112 Lawful Use Of +Force](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-112_Lawful_Use_Of_Force){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. To use or to attempt to offer to use force upon or toward the person + of another is not unlawful in the city in the following cases: + 1. When necessarily committed by a public officer in the + performance of any legal duty, or by any other person assisting + him or acting by his direction; + 2. When necessarily committed by any person in arresting one who + has committed any felony, and delivering him to a public officer + competent to receive him in custody; + 3. When committed either by the party about to be injured, or by + any other person in his aid or defense, in preventing or + attempting to prevent an offense against his person, or any + trespass or other unlawful interference with real or personal + property in his lawful possession, provided the force used is + not more than sufficient to prevent such offense, and that the + same shall be necessary for the self-defense of his person or + property; + 4. When committed by a parent or authorized agent of any parent, or + by any guardian, master or teacher, in the exercise of a lawful + authority to restrain or correct his child, ward, apprentice or + scholar, provided restraint or correction has been rendered + necessary by the misconduct of such child, ward, apprentice or + scholar, or by his refusal to obey the lawful command of such + parent or authorized agent or guardian, master or teacher, and + the force used is reasonable in manner and moderate in degree; + 5. When committed by a carrier of passengers, or the authorized + agents or servants of such carrier, or by any person assisting + them at their request, in expelling from any carriage, + interurban car, vessel or other vehicle, any passenger who + refuses to obey a lawful and reasonable regulation prescribed + for the conduct of passengers, if such vehicle has first been + stopped and the force used is not more than is sufficient to + expel the offending passenger, with a reasonable regard to his + personal safety; + 6. When committed by any person in preventing an idiot, lunatic, + insane person or other person of unsound mind, including persons + temporarily or partially deprived of reason, from committing an + act dangerous to himself or to another, or enforcing such + restraint as is necessary for the protection of his person or + for his restoration to health, during such period only as shall + be necessary to obtain legal authority for the restraint or + custody of such person; + 7. In preventing or interrupting an intrusion upon the lawful + possession of property; and + 8. To preserve the peace or prevent the commission of an offense. +2. Where force is permitted to effect a lawful purpose only that degree + of force necessary to effect such purpose shall be used. + +(Code 1999, § 10-112) + +**State Law reference**--- Similar provisions, 21 O.S. § 643. + +
+ +::: phx-name +[CHAPTER 10-2 OFFENSES AGAINST +PERSONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-2_OFFENSES_AGAINST_PERSONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 10-201 Assault And +Battery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-201_Assault_And_Battery){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-202 \"Assault\" +Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-202_%22Assault%22_Defined){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-203 \"Battery\" +Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-203_%22Battery%22_Defined){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-204 Reckless +Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-204_Reckless_Conduct){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 10-201 Assault And +Battery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-201_Assault_And_Battery){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall commit an assault or battery, or both, upon the person +of another. + +(Prior Code, § 16-76; Code 1999, § 10-201) + +**State Law reference**--- Assault and battery generally, 21 O.S. § 641 +et seq.; city\'s power to prevent, 11 O.S. § 22-110. + +
+ +::: phx-name +[Sec 10-202 \"Assault\" +Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-202_%22Assault%22_Defined){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +An assault is any willful and unlawful attempt or offer with force or +violence to do corporal hurt to another. + +(Prior Code, § 16-76; Code 1999, § 10-202) + +**State Law reference**--- Similar provisions, 21 O.S. § 641. + +
+ +::: phx-name +[Sec 10-203 \"Battery\" +Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-203_%22Battery%22_Defined){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A battery is any willful and unlawful use of force or violence upon the +person of another. + +(Prior Code, § 16-76; Code 1999, § 10-203) + +**State Law reference**--- Similar provisions, 21 O.S. § 642. + +
+ +::: phx-name +[Sec 10-204 Reckless +Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-204_Reckless_Conduct){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Reckless conduct, as used in this section, consists of an act which + creates a situation of unreasonable risk and probability of death or + great bodily harm to another and which demonstrates a conscious + disregard for the safety of another. +2. It is unlawful for any person to endanger another\'s safety by + reckless conduct in the operation or handling of any weapon or + instrument, including a pistol, revolver or other firearm. + +(Prior Code, § 16-77; Code 1999, § 10-204) + +**State Law reference**--- Similar provisions, 21 O.S. § 1289.11. + +
+ +::: phx-name +[CHAPTER 10-3 OFFENSES AGAINST +PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-3_OFFENSES_AGAINST_PROPERTY){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 10-301 Petit Larceny, And Larceny Of Lost +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-301_Petit_Larceny,_And_Larceny_Of_Lost_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-302 Larceny By False +Pretense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-302_Larceny_By_False_Pretense){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-303 Altering +Keys](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-303_Altering_Keys){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-304 Possession Of Stolen +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-304_Possession_Of_Stolen_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-305 Defrauding Public Accommodations; Proof; +Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-305_Defrauding_Public_Accommodations;_Proof;_Exception){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-306 Concealing Unpurchased Merchandise, Merchant\'s Authority To +Detain](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-306_Concealing_Unpurchased_Merchandise,_Merchant's_Authority_To_Detain){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-307 Failure To Pay Fare For Public +Conveyance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-307_Failure_To_Pay_Fare_For_Public_Conveyance){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-308 False Or Bogus +Checks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-308_False_Or_Bogus_Checks){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-309 Harmful +Deception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-309_Harmful_Deception){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-310 Defacing Building, Damaging +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-310_Defacing_Building,_Damaging_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-311 Removing Or Breaking Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-311_Removing_Or_Breaking_Private_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-312 Damaging Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-312_Damaging_Private_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-313 Public Works Under +Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-313_Public_Works_Under_Construction){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-314 Damaging Or Tampering With Motor +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-314_Damaging_Or_Tampering_With_Motor_Vehicle){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-315 Tampering With Or Damaging Of +Utilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-315_Tampering_With_Or_Damaging_Of_Utilities){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-316 Destroying Trees And +Shrubbery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-316_Destroying_Trees_And_Shrubbery){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-317 Trespassing Prohibited, Notice, +Soliciting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-317_Trespassing_Prohibited,_Notice,_Soliciting){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-318 Congregating, Parking On-Premises After +Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-318_Congregating,_Parking_On-Premises_After_Hours){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-319 Unlawful Intrusion On +Land](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-319_Unlawful_Intrusion_On_Land){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-320 Throwing Or Shooting At Persons Or +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-320_Throwing_Or_Shooting_At_Persons_Or_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-321 Throwing Out Lighted Substances Or Debris +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-321_Throwing_Out_Lighted_Substances_Or_Debris_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-322 Littering, Deposits +Unlawful](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-322_Littering,_Deposits_Unlawful){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-323 Posting Advertising, Other Matter On Building Of +Another](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-323_Posting_Advertising,_Other_Matter_On_Building_Of_Another){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-324 Posting Advertising, Other Matter On Utility Poles Or On Or +Over Streets And +Sidewalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-324_Posting_Advertising,_Other_Matter_On_Utility_Poles_Or_On_Or_Over_Streets_And_Sidewalks){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-325 False +Weights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-325_False_Weights){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-326 Electric Fences +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-326_Electric_Fences_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-327 Unlawful Use Of Another\'s Garbage Or Refuse +Container](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-327_Unlawful_Use_Of_Another's_Garbage_Or_Refuse_Container){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-328 Fireworks Prohibited; +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-328_Fireworks_Prohibited;_Exceptions){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 10-301 Petit Larceny, And Larceny Of Lost +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-301_Petit_Larceny,_And_Larceny_Of_Lost_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall steal, take and carry away by fraud or stealth, with + intent to deprive another thereof, any personal property under the + value of \$1,000.00 or such other amount constituting a misdemeanor + under statute or embezzle any money, personal property or effects of + another under the value of \$1,000.00 or less or such other amount + constituting a misdemeanor under statute. This subsection does not + apply to taking property from the person of another. +2. One who finds lost property of the value of \$1,000.00 or less or + such other amount constituting a misdemeanor under statute, under + circumstances which gives him knowledge or means of inquiry as to + the true owner, and who appropriates such property to his own use, + or to the use of another person who is not entitled thereto, without + having first made such effort as the circumstances render reasonable + and just to find the owner and restore the property to him, is + guilty of a petit larceny. + +(Prior Code, §§ 16-91, 16-93; Code 1999, § 10-301) + +**State Law reference**--- Larceny, 21 O.S. § 1701 et seq.; +embezzlement, 21 O.S. § 1451 et seq. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[778(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324940_Ordinance%20No.%20778%20(14).pdf){.k-link +target="_blank" style="color:#0000EE"} on 7/7/2014\ +* +::: + +
+ +::: phx-name +[Sec 10-302 Larceny By False +Pretense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-302_Larceny_By_False_Pretense){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall induce, or attempt to induce, any person to give up or +pay over any money or other thing of value which money or value does not +exceed \$1,000.00 or less or such other amount constituting a +misdemeanor under statute, by any false representation or pretense, or +in exchange for any false or bogus coin or check, draft or other false +evidence of value, or in consideration of refraining from a lawful or +unlawful arrest or in consideration of refraining from reporting any +unlawful act to any public official. + +(Prior Code, §§ 16-105, 16-107, in part; Code 1999, § 10-302) + +**State Law reference**--- False pretenses, 21 O.S. § 1541.1 et seq. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[791(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325523_Ordinance%20No.%20791%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/1/2015\ +* +::: + +
+ +::: phx-name +[Sec 10-303 Altering +Keys](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-303_Altering_Keys){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall make or alter or attempt to make or alter any key or +other instrument that will open the lock of a building unless requested +to do so by some person having the right and authority to make such +request. + +(Code 1999, § 10-303) + +
+ +::: phx-name +[Sec 10-304 Possession Of Stolen +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-304_Possession_Of_Stolen_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall keep in his possession, or dispose of, or conceal any +stolen property, or fail promptly to inform some proper official of the +possession thereof, under circumstances indicating that such property +had been stolen or the possession thereof obtained unlawfully. This +section applies only if the property has a value of less than \$1,000.00 +or such greater amount constituting a misdemeanor under state law. + +(Prior Code, § 16-97; Code 1999, § 10-304) + +**State Law reference**--- Receiving stolen property, 21 O.S. § 1713. + +
+ +::: phx-name +[Sec 10-305 Defrauding Public Accommodations; Proof; +Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-305_Defrauding_Public_Accommodations;_Proof;_Exception){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall obtain food, lodging or other accommodation in any + hotel, motel, inn, boardinghouse, eatinghouse or roominghouse or + place, or any other lodging place, with the intent to defraud the + owner or keeper. +2. Proof that lodging, food and other accommodations were obtained by + false pretense or fictitious show of any package or other property + or that the person gave a check or negotiable paper on which payment + was refused or that the person left the hotel, motel, inn, + boardinghouse, eatinghouse or roominghouse or place, or other + lodging place, without paying or offering to pay for the food, + lodging or other accommodation or that the person surreptitiously + removed or attempted to remove the package or property, or that the + person registered under a fictitious name shall be prima facie proof + of attempt to defraud. +3. No person shall refuse to pay the legal fare of any of the vehicles + mentioned in this section after having hired the same, and no person + shall hire any vehicle with intent to defraud the person from whom + it is hired of the value of such service. +4. This section shall not apply where there has been an agreement in + writing for delay in payment. This section applies only if the + property does not exceed a value of less than \$1,000.00 or such + greater amount constituting a misdemeanor under state law. + +(Prior Code, § 16-105; Code 1999, § 10-305) + +**State Law reference**--- Similar provisions, 21 O.S. § 1503. + +
+ +::: phx-name +[Sec 10-306 Concealing Unpurchased Merchandise, Merchant\'s Authority To +Detain](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-306_Concealing_Unpurchased_Merchandise,_Merchant's_Authority_To_Detain){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person concealing unpurchased merchandise of any establishment, +either on the premises or outside the premises of the establishment, +shall be presumed to have so concealed the merchandise with the +intention of committing a wrongful taking of such merchandise. Such +concealment or the finding of such unpurchased merchandise concealed +upon the person or among the belongings of such person shall be +conclusive evidence of reasonable grounds and probable cause for the +detention in a reasonable manner and for a reasonable length of time of +such person by a merchant, his agent or employee; any such reasonable +detention shall not be deemed to be unlawful nor render any such +merchant, his agent or employee, criminally or civilly liable. + +(Prior Code, § 16-96; Code 1999, § 10-306) + +
+ +::: phx-name +[Sec 10-307 Failure To Pay Fare For Public +Conveyance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-307_Failure_To_Pay_Fare_For_Public_Conveyance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall use or accept the use and services of any street car, +taxi cab, omnibus, automobile or any other means of public conveyance or +passengers, operating under the Code, ordinance, franchise, permit or +license of the city or state, and refuse or fail to pay to the operator +of the conveyance the usual, customary, regulation or legal charge, or +price as fare immediately upon the performance of the service. + +(Code 1999, § 10-307; Ord. No. 518, 4-2-1990) + +
+ +::: phx-name +[Sec 10-308 False Or Bogus +Checks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-308_False_Or_Bogus_Checks){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person, with intent to cheat and defraud, to +obtain or attempt to obtain from any person any money, property or +valuable thing of a value less than \$1,000.00 or such greater amount +constituting a misdemeanor under state law by means of any false or +bogus check or by any other written or printed or engraved instrument or +spurious coin. The term \"false or bogus check\" shall include checks or +orders given for money or property which are not honored on account of +insufficient funds of the maker to pay same, as against the maker or +drawer thereof. The making, drawing, issuing or delivering of a check, +draft or order, payment of which is refused by the drawee, shall be +prima facie evidence of intent to defraud and the knowledge of +insufficient funds in or credit with such bank or other depository. Such +maker or drawer shall not have paid the drawee the amount due thereon, +together with the protest fees, and the check or order shall be +presented for payment within 30 days after same is delivered and +accepted. + +(Prior Code, §§ 16-92, 16-106, in part; Code 1999, § 10-308; Ord. No. +683(10), 11-15-2010) + +**State Law reference**--- Bad checks, 21 O.S. § 1541.1 et seq. + +
+ +::: phx-name +[Sec 10-309 Harmful +Deception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-309_Harmful_Deception){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person knowingly to deceive another, whether by +impersonation, misrepresentation, or otherwise, when such deception +results in or contributes to the loss, damage, harm or injury of the +person deceived or of a third party, or results in or contributes to the +benefit of the deceiver. + +(Prior Code, § 16-33; Code 1999, § 10-309) + +
+ +::: phx-name +[Sec 10-310 Defacing Building, Damaging +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-310_Defacing_Building,_Damaging_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall purposely deface or damage any public or private + building or appurtenances thereof, or any fence, street, bridge, + sidewalk, driveway, street, or public work. +2. No person shall: + 1. Destroy, injure, deface, damage or molest any structure, + building, work or other property, real or personal, belonging to + another; + 2. Use such property wrongfully to the detriment of the owner or + other person entitled to its use; or + 3. Interfere wrongfully with the use of any such property by its + owner or any other person entitled to its use. +3. This section applies only if the loss is less than \$1,000.00 or + such greater amount constituting a misdemeanor under state law. + +(Prior Code, § 16-99; Code 1999, § 10-310) + +**State Law reference**--- Destroying property generally, 21 O.S. § +1760. + +
+ +::: phx-name +[Sec 10-311 Removing Or Breaking Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-311_Removing_Or_Breaking_Private_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall willfully, unlawfully or maliciously take and carry or +cause to be taken and carried away any part of a house, barn, fence, +gate or other structure, or maliciously break, tear down or destroy any +part of a house, barn or other structure not his own. This section +applies only if the loss is less than \$1,000.00 or such greater amount +constituting a misdemeanor under state law. + +(Code 1999, § 10-311) + +**State Law reference**--- Destroying property generally, 21 O.S. § +1760. + +
+ +::: phx-name +[Sec 10-312 Damaging Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-312_Damaging_Private_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall willfully and wantonly damage or destroy the personal +property of another. This section applies only if the loss is less than +\$1,000.00 or such greater amount constituting a misdemeanor under state +law. + +(Code 1999, § 10-312) + +**State Law reference**--- Destroying property generally, 21 O.S. § +1760. + +
+ +::: phx-name +[Sec 10-313 Public Works Under +Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-313_Public_Works_Under_Construction){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any person who removes, destroys, disturbs, or in any manner injures + any grade stake, stone or other mark or monument set by or under + authority of the city to designate or mark grades, lines, corners or + bench marks on any public work in the city prior to the completion + and acceptance of the contract for which such stakes or monuments + are set, without lawful authority, is guilty of an offense. +2. Any contractor or other person constructing any public work in the + city shall protect such work by barriers or obstructions. It is + unlawful for any person to cross the barriers or to remove them + until the work has been completed and opened by authority of the + city. + +(Code 1999, § 10-313) + +**State Law reference**--- Destroying property generally, 21 O.S. § +1760. + +
+ +::: phx-name +[Sec 10-314 Damaging Or Tampering With Motor +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-314_Damaging_Or_Tampering_With_Motor_Vehicle){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person, other than a peace officer in the performance of his + official duties, shall, with intent and without right to do so, + injure or tamper with any vehicle or in any other manner damage any + part or portion of the vehicle or any accessories, appurtenances or + attachments thereto. This subsection applies only if the loss is + less than \$1,000.00 or such greater amount constituting a + misdemeanor under state law. +2. No person, other than a peace officer in the performance of his + official duties, shall, without right to do so and with intent to + commit a crime, climb into or upon a vehicle, whether it is in + motion or at rest, attempt to manipulate any of the levers, starting + mechanism, brakes or other mechanism or device of the vehicle while + the vehicle is at rest and unattended, or set in motion any vehicle + while the vehicle is at rest and unattended. + +(Prior Code, § 16-98; Code 1999, § 10-314) + +**State Law reference**--- Damaging motor vehicles, 21 O.S. §§ 1787, +1788. + +
+ +::: phx-name +[Sec 10-315 Tampering With Or Damaging Of +Utilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-315_Tampering_With_Or_Damaging_Of_Utilities){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall alter, remove, tamper with, molest, damage or injure + any wires, cable, appurtenance, structure, pipes or equipment of any + utility of the city, or any public utility, or connect or tamper + with the wires, cables or pipes of any electric, water, sewer, cable + television or gas utility or of the city without consent of the + utility or city having been first obtained. This subsection applies + only if the loss is less than \$1,000.00 or such greater amount + constituting a misdemeanor under state law. +2. It is unlawful to open up any manhole or opening to a sewer unless + authorized by the city, or to leave a manhole or other opening so + opened without replacing the fixture or appliances thereto in their + proper place and position. +3. No person except a member of the fire department or a person acting + on lawful order or permit issued by the city shall open or use water + from any fire hydrant or take off the caps or damage the same. No + person may block the approach or access to a fire hydrant or attach, + fasten, stand or brace anything against or on the hydrant. +4. No person shall in any manner whatsoever: + 1. Cut into, attach to or intercept the wires, cables or pipes of + any electric, water, cable television or gas utility or of the + city for the purpose of fraudulently taking therefrom electric + current, water, transmissions or gas; + 2. Cut into, attach to or intercept the wires, cables or pipes for + the purpose of conducting around any meter electric current, + water or gas in order to prevent the current, water or gas from + being measured by the meter, or in such other manner so as to + consume or use the utility or cable service so as to evade + payment therefor, with the unlawful intent to defraud the + company or city out of the value of the service; or + 3. By any device or manipulation whatsoever to cause current, + transmissions, water or gas used upon any premises to be + fraudulently conveyed upon any premises for the purposes of use + thereof, and with the intent to defraud and cheat the utility or + city from payment thereof. +5. Each day that any person maintains any such fraudulent connection + with any wires, cables or pipes, or fraudulently takes from any such + wires, cables or pipes either electric current, transmissions, water + or gas shall constitute a separate offense. + +(Prior Code, § 16-102; Code 1999, § 10-315) + +
+ +::: phx-name +[Sec 10-316 Destroying Trees And +Shrubbery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-316_Destroying_Trees_And_Shrubbery){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall willfully, maliciously and without lawful authority + cut down, root up, sever, injure or destroy any fruit tree, shade or + ornamental tree, cultivated root or plant, grape or strawberry vine, + shrub or plant whatever standing on or attached to the land of + another, or pick, destroy, carry away therefrom, or in any way + interfere therewith, any of the fruit thereof. +2. No person shall willfully or without lawful authority cut down, + destroy, root up or in any manner injure any fruit, shade or + ornamental tree, shrub or vine planted or growing on any street, + land, avenue, alley or other public ground of the city. +3. This section applies only if the loss is less than \$1,000.00 or + such greater amount constituting a misdemeanor under state law. + +(Code 1999, § 10-316) + +**State Law reference**--- Destroying property generally, 21 O.S. § +1760. + +
+ +::: phx-name +[Sec 10-317 Trespassing Prohibited, Notice, +Soliciting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-317_Trespassing_Prohibited,_Notice,_Soliciting){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful and an offense for any person to commit a trespass + within the city upon either public or private property. +2. Trespass shall include each and every actual entry upon the premises + of an owner or other person in lawful possession of the premises + without the express consent of the owner or other person in lawful + possession. Trespass shall also mean remaining upon the premises of + an owner or other person in lawful possession after having been told + to leave the premises by the owner, or the agent, or employee of the + owner or other person in lawful possession of the premises. Trespass + shall also mean the act of entering upon or remaining on private + property when such is plainly forbidden by signs, markings, or + otherwise, by verbal command of the owner, his agent, or employee, + of after having been directed to do so by a police officer, although + this sentence shall not apply to persons, including employees, whose + presence upon the premises is authorized by the owner or by a person + in lawful possession of such premises. Trespass shall also include + the act of returning to private property after having been directed + to vacate the premises by the owner, his agent, employee or police + officer under the terms of this section. +3. Any of the following acts by any person shall be deemed a violation + of this section: + 1. The doing of an injury or misfeasance to the person of another; + 2. The doing of any injury or misfeasance to the property of + another when done with force and violence, either actual or + implied; + 3. Each and every actual entry upon the premises of another owner + or person in possession of real property, whether the property + is public or private, without the owner\'s or occupant\'s + consent, express or implied; + 4. An entry upon the premises, or any part thereof, of another in + violation of a notice exhibited thereon prohibiting entry at + specified times; + 5. An entry upon the premises, or any part thereof, of another in + violation of any notice, warning or protest given orally or in + writing by any owner or other lawful occupant thereof; + 6. An entry upon any public property, including parks or parking + areas, in violation of a notice exhibited there prohibiting + entry at specified times; + 7. An entry upon any public property in violation of any notice, + warning or protest given orally or in writing by a city + official; + 8. If on the property of another, or upon public property lawfully, + a failure or refusal to depart in case of being requested to so + depart orally or written, by any owner, lawful occupant, or by a + city official; + 9. An entry upon any portion of a public park, where the entry + involves the use of any vehicle, equipment or device where such + use is specifically prohibited; + 10. An entry of any public building except for the purpose of + dispatching business with the public corporation or consent is + obtained from the city council or other public official which is + lawfully authorized to give consent; or + 11. Remaining on public or private property at any time other than + during posted hours of business operation after having been + directed to vacate such premises by a police officer. The + provisions of this subsection shall not apply to persons, + including employees, whose presence upon such premises is + authorized by the owner or by a person in lawful possession of + such premises; nor shall the provisions of this subsection apply + unless hours of business operation are posted upon such + premises. Trespass also includes the act of returning to private + property before the posted time of opening for business + operation on the next business day after having been directed to + vacate such premises under the terms of this subsection. +4. For purposes of constituting a violation of this section, the + exhibited notice required under subsections (C)(4) through (7) of + this section shall meet the following criteria: + 1. The notice shall be plainly posted in a place conspicuous to + those who would enter the property; + 2. The notice shall be legible so as to afford reasonable warning + prior to the commission of a trespass; and + 3. If upon property to which the public is invited at least some + part of the day, the notice shall clearly specify the days and + times of day entry is prohibited, and further specify that entry + at such times constitutes a punishable offense under this Code. + +(Code 1999, § 10-317; Ord. No. 501, 12-18-1989, in part) + +**State Law reference**--- Trespass, 21 O.S. § 1835 et seq. + +
+ +::: phx-name +[Sec 10-318 Congregating, Parking On-Premises After +Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-318_Congregating,_Parking_On-Premises_After_Hours){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall stand, walk, sit, lie, congregate or otherwise + occupy or remain upon the premises of any place or business within + the city after business hours without consent of the lawful owner, + occupant, lessee or employee thereof. +2. No person shall stop, stand, park, leave, or place any motor + vehicle, whether occupied or not, upon any public or private + property without the consent of the owner, occupant, lessee or + employee thereof, except where such property is provided for public + parking and the use for such parking is not restricted by proper + notice. In addition to fine or other punishment for a violation of + this subsection, the vehicle so parked, left or placed shall be + subject to impoundment upon complaint of the property owner or + lawful occupant. The person violating this subsection shall be + wholly responsible for payment of towage and storage charges. +3. No person may be charged under this section unless the premises in + question is posted with a conspicuous sign which states, + substantially, that the premises are posted, and that any person + congregating, occupying or remaining upon the premises or parking or + leaving a motor vehicle thereon is subject to prosecution pursuant + to this Code. +4. When used in this section, the term \"after business hours\" shall + mean that the doors of the business which are open to the public + during business hours are closed and locked and that the business is + no longer admitting customers. The term \"after business hours\" + applies to places of business which are vacant or permanently or + temporarily closed or otherwise unoccupied. The term \"place of + business\" means any private property upon which a building, house + or other structure is used for commercial or public purposes (e.g., + without limitation, restaurants, gas stations, shopping malls or + centers, theaters, convenience stores, grocery stores, drug stores + or pharmacies, recreational facilities, wholesale or retail sales + activities, offices, banks or other financial institutions, + manufacturing, and professional services (medical, legal, + accounting, insurance, consulting)). +5. There is a rebuttable presumption that any person or motor vehicle + upon the premises of a place of business that is properly posted + pursuant to this section after such time as the front door or other + such door that admits members of the public is closed and locked is + on the premises of such business unlawfully under this section; + however, this presumption shall not be applied within 30 minutes of + any opening or closing times posted by such place of business. This + presumption may only be rebutted by proof beyond a reasonable doubt + that any person held by the municipal judge to be subject to this + rebuttable presumption was on the premises in question with + permission of the lawful owner, occupant, lessee or employee + thereof. +6. If a motor vehicle is alleged to be unlawfully parked or left under + this section, it shall be rebuttably presumed that the person in + whose name the motor vehicle was last registered was the person who + parked or left the motor vehicle. +7. The parking or leaving of a motor vehicle as set forth herein shall + constitute the offense of unlawful parking or leaving a motor + vehicle after business hours, punishable as provided in section + 1-108. +8. If a person violates subsection (A) of this section, it shall + constitute the offense of unlawful presence on property after + business hours or congregating after business hours and is + punishable as provided in section 1-108. +9. The provisions of this section are cumulative of other applicable + offenses enacted in this Code or state law. + +(Code 1999, § 10-318; Ord. No. 456, 8-1-1988) + +
+ +::: phx-name +[Sec 10-319 Unlawful Intrusion On +Land](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-319_Unlawful_Intrusion_On_Land){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall intrude or remain upon any lot or piece of land, or + in any building within the city without license or authority from + the owner thereof, or erect or occupy thereon any structure whatever + without such license or authority. +2. No person shall place, erect or occupy within the bounds of any + street, alley or avenue of the city any structure whatever unless + such person is granted a license by the city to do so. + +(Code 1999, § 10-319) + +**State Law reference**--- Trespass, 21 O.S. § 1835 et seq. + +
+ +::: phx-name +[Sec 10-320 Throwing Or Shooting At Persons Or +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-320_Throwing_Or_Shooting_At_Persons_Or_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall throw or shoot any object into or across any street or +alley, or in any place where he is likely to hit another person +wrongfully, or injure property, or to throw any object at any person, +vehicle, structure, or property of another, whether public or private, +except where such is done in defense of oneself or another person or +property. + +(Prior Code, § 16-101; Code 1999, § 10-320) + +
+ +::: phx-name +[Sec 10-321 Throwing Out Lighted Substances Or Debris +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-321_Throwing_Out_Lighted_Substances_Or_Debris_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall throw, drop, deposit or otherwise place in, upon or +within the limits of any street, avenue, public ground, public waterway +or city-owned property or waterway any lighted cigarette, cigar or other +flaming or glowing substances, or any substance or thing which may cause +a fire. + +(Code 1999, § 10-321) + +
+ +::: phx-name +[Sec 10-322 Littering, Deposits +Unlawful](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-322_Littering,_Deposits_Unlawful){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful to throw, deposit or discharge any item or waste +material, liquid or solid, on any street or public place in the city or +upon the property of another without express authority to do so. + +(Code 1999, § 10-322) + +**State Law reference**--- Littering, 21 O.S. § 1753.3 et seq. + +
+ +::: phx-name +[Sec 10-323 Posting Advertising, Other Matter On Building Of +Another](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-323_Posting_Advertising,_Other_Matter_On_Building_Of_Another){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall place upon any building any advertising or other + matter of any kind, nor print or exhibit printing on a building or + any part thereof, in words, signs or characters, except with the + express consent of the owner, lessee or authorized agent of the + owner of the building. +2. No person shall place, post, paint, mark, write, print or put any + sign, poster, picture, announcement, writing, device, advertisement + or other marking upon any public or private building, fence, + sidewalk, bridge, post, automobile or vehicle or property of another + without the consent of the owner or person in charge thereof. + +(Prior Code, § 16-100; Code 1999, § 10-323) + +
+ +::: phx-name +[Sec 10-324 Posting Advertising, Other Matter On Utility Poles Or On Or +Over Streets And +Sidewalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-324_Posting_Advertising,_Other_Matter_On_Utility_Poles_Or_On_Or_Over_Streets_And_Sidewalks){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to place any advertising or other matter +of any kind on any utility pole, or to place any advertising on the +streets or sidewalks of the city or to place any advertising on any +signs or banners stretched over the streets or sidewalks of the city. +Nothing herein shall be construed to prevent any permanently located +commercial or business establishment in the city from erecting and +maintaining business or commercial signs in accordance with the +ordinances of the city, nor to prohibit the granting of permission by +the city to religious, charitable, patriotic or civic bodies to use +banners across the streets of the city in such places as may be +designated by the city manager for the observance of holidays, +charitable drives and the commemoration and celebration of other public +or civic occasions. + +(Code 1999, § 10-324) + +
+ +::: phx-name +[Sec 10-325 False +Weights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-325_False_Weights){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to sell any commodity or article of +merchandise and in the sale thereof knowingly make or give a false or +short weight therefor or for any person owning or keeping or having in +charge any scale used in weighing any animal, commodity or article to +knowingly and willfully report any false or untrue weight whereby +another person shall be defrauded or damaged. + +(Prior Code, § 16-108; Code 1999, § 10-326) + +**State Law reference**--- False weights and measures, 21 O.S. § 1551 et +seq. + +
+ +::: phx-name +[Sec 10-326 Electric Fences +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-326_Electric_Fences_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to erect, install or maintain any +electrically charged fence within the city, except that the building +official may issue a permit for an electrically-charged fence to retain +animals upon proof that the fence will not be hazardous to life, and +upon proof that the electric charge is regulated by a controlling +device. + +(Code 1999, § 10-327; Ord. No. 520, 5-21-1990) + +
+ +::: phx-name +[Sec 10-327 Unlawful Use Of Another\'s Garbage Or Refuse +Container](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-327_Unlawful_Use_Of_Another's_Garbage_Or_Refuse_Container){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful and an offense for any person to dispose of garbage, +refuse, rubbish or waste into any refuse container, dumpster or other +receptacle for the deposit of same belonging to or leased by another, +whether by rental agreement, lease or agreement with the city or a +public or private trash, garbage or refuse hauling service, without the +permission of the owner, lessee or other person entitled to the +possession or use thereof. + +(Code 1999, § 10-328; Ord. No. 458, 8-1-1988) + +
+ +::: phx-name +[Sec 10-328 Fireworks Prohibited; +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-328_Fireworks_Prohibited;_Exceptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. For the purpose of this section, the term \"fireworks\" shall have + the same meaning as in state law, 68 O.S. § 1621 et seq. +2. It is unlawful for any person to manufacture, display, possess, use + or sell fireworks within the city except as provided in this + section. +3. Pyrotechnic or fireworks displays may be authorized in accordance + with the city fire code when under proper control and the time, + place and manner of the display is permitted by the city. + +(Prior Code, §§ 9-96, 9-97; Code 1999, § 10-329) + +**State Law reference**--- Local regulation of fireworks, 11 O.S. § +22-110. + +
+ +::: phx-name +[CHAPTER 10-4 OFFENSES AGAINST PUBLIC +PEACE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-4_OFFENSES_AGAINST_PUBLIC_PEACE){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 10-4A GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4A_GENERAL_PROVISIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 10-4B +NOISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4B_NOISE){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 10-4A GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4A_GENERAL_PROVISIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 10-401 Disturbing The +Peace](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-401_Disturbing_The_Peace){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-402 Disturbing +Funerals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-402_Disturbing_Funerals){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-403 Disorderly +Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-403_Disorderly_Conduct){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-404 Parades, Public Assemblies, And Special +Events](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-404_Parades,_Public_Assemblies,_And_Special_Events){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-405 Firearms And Carrying Certain Weapons +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-405_Firearms_And_Carrying_Certain_Weapons_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-406 Begging And Soliciting +Alms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-406_Begging_And_Soliciting_Alms){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-407 Lawful Operation Of Unmanned Aircraft +Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-407_Lawful_Operation_Of_Unmanned_Aircraft_Systems){.k-link +target="_blank" style="color:#0000EE"}\ + +\ + +
+ +::: phx-name +[Sec 10-401 Disturbing The +Peace](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-401_Disturbing_The_Peace){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful to disturb or alarm the peace of another or others by + doing any of the acts set out in subsection (B) of this section. +2. Disturbing the peace is the doing of any of the following in such a + manner as would foreseeably alarm or disturb the peace of another or + others: + 1. Using obscene, offensive, abusive, profane, vulgar, threatening, + violent or insulting language or conduct; + 2. Appearing in an intoxicated condition; + 3. Engaging in a fistic encounter; + 4. Lewdly exposing one\'s person, or private parts thereof, in any + public place or in any place where there are present other + persons to be offended or annoyed thereby; + 5. Pointing any pistol or any other deadly weapon whether loaded or + not at any other persons either in anger or otherwise; + 6. Holding an unlawful assembly of two or more persons, including + being assembled together and acting in concert, to do any + unlawful act against the peace or to the terror of others or + preparing for or moving toward such acts, or otherwise + assembling unlawfully or riotously; + 7. Interrupting any lawful assembly of people by making noise, by + rude, indecent or improper behavior, by profane, improper or + loud language, or in any other manner, either within the place + of assembly or within hearing distance thereof; + 8. Obstructing the free passage of pedestrians or vehicles on a + street, right-of-way or sidewalk, or other public place; + 9. Obstructing, molesting or interfering with any person lawfully + in a public place; + 10. Making noises that a reasonable person of ordinary sensibilities + would find unnecessarily loud or offensive; + 11. Disturbing any congregation or assembly of persons meeting for + religious worship by making noise, by rude, indecent or improper + behavior, by profane, improper or loud language, or in any other + manner, either within the place of worship or within hearing + distance thereof; or + 12. Committing any other act in such a manner calculated as to + unreasonably disturb, interfere or alarm the public or the + comfort and repose of any person. +3. Whenever any police officer shall, in the exercise of reasonable + judgment, decide that the presence of any person in any public place + is causing any of the conditions enumerated in subsection (B) of + this section, he may, if he deems it necessary for the preservation + of the public peace and safety, order that person to leave that + place; and any who shall refuse to leave after being ordered to do + so by a police officer shall be guilty of a violation of this + section. +4. This section shall not apply to peaceful picketing, public speaking + or other lawful expressions of opinion not in contravention of other + laws. + +(Prior Code, §§ 16-57---16-59, 16-61; Code 1999, § 10-401) + +
+ +::: phx-name +[Sec 10-402 Disturbing +Funerals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-402_Disturbing_Funerals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall willfully disturb, interrupt or disquiet any assemblage +of people who have met for the purpose of any funeral, or obstruct or +detain any person engaged in accompanying any funeral to a place of +burial. + +(Code 1999, § 10-402) + +
+ +::: phx-name +[Sec 10-403 Disorderly +Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-403_Disorderly_Conduct){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A person shall be guilty of disorderly conduct if, with the intent to +cause public inconvenience, annoyance, alarm or recklessly creating the +risk thereof, he: + +1. Acts in a violent or tumultuous manner toward another whereby any + person is placed in fear of safety of his life, limb or health; +2. Acts in a violent or tumultuous manner toward another whereby the + property of any person is placed in danger of being destroyed or + damaged; +3. Endangers the lawful pursuits of another by acts of violence, angry + threats and abusive conduct; +4. Jostles or crowds or pushes any person in any public place; +5. Uses \"fighting words\" directed toward any person and thus creates + a turmoil; +6. Causes, provokes or engages in any fight, brawl or riotous conduct + so as to endanger the life, limb, health or property of another; or +7. By acts of violence, interferes with another\'s pursuit of a lawful + occupation. + +(Code 1999, § 10-403) + +**State Law reference**--- Disorderly conduct generally, 21 O.S. § 1361 +et seq.; power of city relating to disorderly conduct, 11 O.S. § 22-110. + +
+ +::: phx-name +[Sec 10-404 Parades, Public Assemblies, And Special +Events](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-404_Parades,_Public_Assemblies,_And_Special_Events){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. As used in this section, the term \"parade\" means any parade, + march, ceremony, show, demonstration, exhibition, pageant or + procession of any kind, or any similar display, in or upon any + street, park or other public place in the city. +2. No person shall use any street, alley, public way, park or other + property owned or controlled by the city, except those places + specifically designed and intended for such use, for the purpose of + holding, conducting, causing or participating in any parade, street + fair, street dance, carnival, assemblage or activity of any nature + which may cause the disturbance or interference of the normal and + ordinary use of the property by other persons, without first having + obtained a permit for such purpose. The permits may be granted by + the city manager under such conditions as deemed appropriate. +3. Permits shall not be required under this section in the case of + construction or repairs to or within any such street or property, + provided all other requirements of this Code are complied with. +4. Not less than two weeks prior to the closing or use of a street or + property for a parade, an application shall be submitted by the + party to the city. The time requirements may be waived by the city + manager at his discretion if sufficient time exists for the proper + review of the application as herein provided. The application shall + be submitted upon a form prescribed by the city. The application + shall provide such other information as requested. +5. The city manager shall issue a permit as provided for hereunder + when, from a consideration of the application and from such other + information as may otherwise be obtained, he finds that: + 1. The conduct of the parade will not substantially interrupt the + safe and orderly movement of other traffic contiguous to its + route; + 2. The conduct of the parade will not require the diversion of so + great a number of police officers of the city to properly police + the line of movement and the areas contiguous thereto as to + prevent normal police protection to the city; + 3. The conduct of such parade will not require the diversion of so + great a number of ambulances as to prevent normal ambulance + service to portions of the city other than that to be occupied + by the proposed line of march and areas contiguous thereto; + 4. The concentration of persons, animals and vehicles at assembly + points of the parade will not unduly interfere with proper fire + and police protection of, or ambulance service to, areas + contiguous to such assembly areas; + 5. The conduct of such parade will not interfere with the movement + of firefighting equipment en route to a fire; + 6. The conduct of the parade is not reasonably likely to cause + injury to persons or property, to provoke disorderly conduct or + create a disturbance; and + 7. The parade is scheduled to move from its point of origin to its + point of termination expeditiously and without unreasonable + delays en route. +6. The city manager, in such cases as shall be determined in his + discretion, may require as a condition to the issuance of a permit + herein such insurance or bond holding the city harmless from any and + all liability for injury or damage of any kind whatsoever occurring + during such activity covered by the permit. +7. Without regard to the above provision of this section, the city + manager, from his consideration of available, appropriate and + necessary information, shall deny the application for a permit + provided for by this section when, from this information, he has + reason to believe that any contemplated advocacy at the proposed + event will be directed to inciting or producing imminent lawless + action and will likely incite or produce such action. +8. The city manager, in denying an application for a parade permit, may + authorize the conduct of the parade on a date, at a time or over a + route different from that named by the applicant. An applicant + desiring to accept an alternate permit shall so indicate within five + days after notice of the action of the city manager. An alternate + parade permit shall conform to the requirements of, and shall have + the effect of, a parade permit under this section. +9. As used in this section, the term \"special event\' means any + activity which occurs upon private or public property that (1) may + reasonably affect the ordinary use of public streets, rights-of-way + or sidewalks, or (2) include the erection of any temporary structure + (inflatables/bouncy toys, or tents or canopies larger than 400 + square feet, etc.) where the public is invited, or (3) include the + sale or consumption of alcoholic beverages on a premises not + currently licensed by the state for the sale or consumption of + alcohol on the premises where the public is invited. This includes, + but is not limited to, fairs, festivals, foot races, bike races, + block parties, grand opening celebrations, and other temporary + assemblages of people. The term \"expressive special event\" means a + special event as defined above, organized or conducted solely or + primarily for the purpose of engaging in speech protected by the + First Amendment of the United States Constitution. The term + \"spontaneous expressive event\" shall mean an expressive special + event that is occasioned by news, affairs, or circumstances coming + into public knowledge less than five days prior to the date of such + event. + 1. No person, organization, business or corporation shall conduct + any type of special event as defined above without a special + event permit from the city. + 2. An application for a special event shall be submitted to the + city no later than 30 days prior to the proposed event. In the + event of an expressive special event, the application must be + submitted within five business days prior to the proposed event. + In the event of a spontaneous expressive event, the event must + not present a substantial safety or traffic hazard and must not + unduly impede, obstruct, impair or interfere with the public\'s + use of the street or other public property, the operation of + emergency vehicles, the provision of the city services, or any + lawful competing use of the location where the event is located. + If any portion of the preceding cannot be met, then the event + organizer must make a diligent and good faith effort to relocate + the event to another location. If the location cannot be + relocated due to the special communicative value of the event\'s + location or the unavailability of another location, then the + chief of police shall take appropriate action to the extent + reasonably necessary to eliminate the hazard, risk, + interference, or impairment; provided however, that the chief of + police shall not order the area cleared or the cessation of + spontaneous expressive activities unless reasonably necessary to + avoid imminent danger to person or property. Applicants may file + application as early as desired by the applicant. + 3. Reasons for denial of a special events permit include, but are + not limited to, the event will disrupt traffic within the city + beyond practical solution; will interfere with access to fire + stations and the fire hydrants; the location of the special + event will cause undue hardship to adjacent businesses or + residents; the event would require the diversion of so many + city, public safety and/or and public works employees that + allowing the event would unreasonably deny service to the + remainder of the city; and the application contains incomplete + or false information. + 4. This section shall not be construed as imposing upon the city or + its officials or employees any liability or responsibility for + any injury or damages to any person in any way connected to the + use for which permits have been issued. The city and its + officials and employees shall not be deemed to have assumed any + liability or responsibility by reasons of inspections performed, + the issuance of any permit or the approval of any use of the + right-of-way. + 5. A special event permit may be issued only after adequate waste + disposal facilities and toilet facilities as necessary have been + identified and obtained by the permittee. The permittee will + clean their property, city property and any adjacent properties + of trash, rubbish, or debris generated by the special event, + returning it to its pre-event condition within 24 hours of the + conclusion of the event. If the permittee fails to clean up such + refuse, such clean up shall be as required by law or other + sections of this Code and the costs charged to the permittee. + 6. The permittee shall obtain other permits that may be required + from other jurisdictions for this special event. + +(Code 1999, § 10-404; Ord. No. 629(08), 9-2-2008) + +**State Law reference**--- Power of local authorities to regulate +assemblies, 47 O.S. 15-102. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[904(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347129_Ordinance%20No.%20904%20(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 4/15/2019\ +* +::: + +
+ +::: phx-name +[Sec 10-405 Firearms And Carrying Certain Weapons +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-405_Firearms_And_Carrying_Certain_Weapons_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall transport a loaded firearm except in compliance with + state law. +2. It shall be unlawful for any person to carry upon or about his or + her person, or in a purse or other container belonging to the + person, any pistol, revolver, shotgun or rifle whether loaded or + unloaded or any blackjack, loaded cane, hand chain, metal knuckles, + or any other offensive weapon, whether such weapon be concealed or + unconcealed, except as may be authorized by law. +3. It shall be unlawful for any person to discharge a firearm, air + rifle or BB gun within the city except as may be authorized by law. +4. Any person violating this provision shall, upon conviction, be + punished by a fine not to exceed the maximum penalty established by + state law. + +**State Law reference**--- Carrying firearms, 21 O.S. § 1289.6; firearms +definitions, 21 O.S. § 1289.1 et seq. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[898(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346749_Ordinance%20No.%20898%20(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 3/4/2019\ +* +::: + +
+ +::: phx-name +[Sec 10-406 Begging And Soliciting +Alms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-406_Begging_And_Soliciting_Alms){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following words, terms and phrases, when used in this section, + shall have the meanings ascribed to them in this subsection, except + where the context clearly indicates a different meaning:\ + *Accosting* means approaching or speaking to someone in such a + manner as would cause a reasonable person to fear imminent bodily + harm or the commission of a criminal act upon his person, or upon + property in his immediate possession.\ + *Ask, beg* or *solicit* means and includes, without limitation, the + spoken, written or printed word or such other acts as are conducted + in furtherance of the purpose of obtaining alms.\ + *Forcing oneself upon the company of another* means continuing to + request, beg or solicit alms from a person after that person has + made a negative response, blocking the passage of the individual + addressed or otherwise engaging in conduct which could reasonably be + construed as intended to compel or force a person to accede to + demands. +2. It shall be unlawful for any person to solicit money or other things + of value: + 1. On private property if the owner, tenant, or lawful occupant has + asked the person not to solicit on the property, or has posted a + sign clearly indicating that solicitations are not welcome on + the property; + 2. Within 15 feet of the entrance to or exit from any public toilet + facility; + 3. Within 15 feet of an automatic teller machine, provided that + when an automated teller machine is located within an automated + teller machine facility, such distance shall be measured from + the entrance or exit of the automated teller machine facility; + 4. Within 15 feet of any pay telephone, provided that when a pay + telephone is located within a telephone booth or other facility, + such distance shall be measured from the entrance or exit of the + telephone booth or facility; + 5. In any public transportation vehicle, or in any bus or subway + station, or within 15 feet of any bus stop or taxi stand; + 6. From any operator of a motor vehicle that is in traffic on a + public street; provided, however, that this subsection shall not + apply to services rendered in connection with emergency repairs + requested by the owner or passengers of such vehicle; + 7. From any person who is waiting in line for entry to any + building, public or private, including, but not limited to, any + residence, business, or athletic facility; or + 8. Within 15 feet of the entrance or exit from a building, public + or private, including, but not limited to, any residence, + business, or athletic facility. +3. It shall be unlawful for any person to solicit money or other things + of value by accosting another or by forcing oneself upon the company + of another. + +(Prior Code, § 16-34; Code 1999, § 10-408) + +
+ +::: phx-name +[Sec 10-407 Lawful Operation Of Unmanned Aircraft +Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-407_Lawful_Operation_Of_Unmanned_Aircraft_Systems){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Definitions. + 1. Pilot or Remote Pilot in Command means any person in control of + and unmanned aircraft. + 2. Unmanned Aircraft means an aircraft operated without the + possibility of direct intervention from within or on the + aircraft. + 3. Unmanned Aircraft System means an unmanned aircraft and its + associated elements (including communication links and the + components that control the unmanned aircraft) that are required + for the safe and efficient operation of the unmanned aircraft in + the national airspace system. + 4. Recreational Purposes means the use of an unmanned aircraft for + personal interests and enjoyment. +2. Operating Rules. + 1. All persons operating unmanned aircraft systems within the + corporate limits of the City of Moore must be in compliance with + all applicable municipal, state and federal law, including, but + not limited to: + 1. Drones weighing over .55 pounds must have a Federal Aviation + Administration registration number affixed. + 2. As of September 16, 2023, all drones weighing over .55 + pounds are required to comply with the Federal Aviation + Administration\'s Remote ID rule. + 3. Operating a drone for commercial, or any other + non-recreational purpose, or flying at night requires the + operator to have a Remote Pilot Certificate or Certificate + of Authorization from the FAA. + 2. A remote pilot in command may not fly and unmanned aircraft in + the area where human beings are present (other than the pilot in + control), unless: + 1. The human being(s) is/are located under a covered structure + or inside a stationary vehicle that can provide reasonable + protection from a falling unmanned aircraft; or, + 2. The remote pilot in command is using an unmanned aircraft + that: + 1. Weighs .55 pounds or less including everything that is + on board or otherwise attached to the aircraft, on + takeoff and throughout the duration of the flight; and, + 2. Does not contain any exposed rotating parts that would + lacerate human skin upon impact with a human being. + 3. No person shall operate an unmanned aircraft system with the + intent to disturb, harass, bother or annoy any other person, + domesticated animal or livestock or operate in any reasonable + person. + 4. No person shall operate an unmanned aircraft with the intent to + intentionally harm another person or to destroy public or + private property. + 5. No person shall operate an unmanned aircraft in a careless, + negligent, reckless or dangerous manner.  + 6. No person shall attach to an unmanned aircraft: + 1. A firearm; or, + 2. Any other item item intended to cause injury, do harm or be + a hazard. + 7. No person shall operate an unmanned aircraft while in a state of + intoxication as defined in Section 10-501 of the Moore Municipal + Code. + 8. No person shall act with the intent to interfere with another\'s + ability to safely operate an unmanned aircraft in flight such + that the pilot\'s ability to control the aircraft is diminished + to such a degree as to result in a collision. + 9. The owner/remote pilot in command of an unmanned aircraft system + that causes injury to the person of another or damage to the + property owner with their name, address and phone number as soon + as practicable after the injury or property damage is + discovered. + 10. This section shall not apply to agencies within the governments + of the City of Moore, the State of Oklahoma, or the United + States when operating an unmanned aircraft system in accordance + with their official duties. +3. Penalty for Violation. + +Any person who is found guilty of violating this section is guilty of a +misdemeanor and subject to up to a \$500 fine. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[1028.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692114532_1028.23%20signed.pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/5/2023\ +* +::: + +
+ +::: phx-name +[ARTICLE 10-4B +NOISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4B_NOISE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 10-411 Findings Of +Fact](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-411_Findings_Of_Fact){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-412 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-412_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-413 Prohibitions +Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-413_Prohibitions_Generally){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-414 Specific +Prohibitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-414_Specific_Prohibitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-415 +Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-415_Exemptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-416 +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-416_Permit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-417 Duties And Responsibilities Of City +Departments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-417_Duties_And_Responsibilities_Of_City_Departments){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-418 Penalty And Injunctive +Relief](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-418_Penalty_And_Injunctive_Relief){.k-link +target="_blank" style="color:#0000EE"}\ + +**\ +State Law reference**--- City\'s power to restrain and prohibit +unnecessary noise, 11 O.S. § 22-110.\ + +
+ +::: phx-name +[Sec 10-411 Findings Of +Fact](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-411_Findings_Of_Fact){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is found and declared that: + +1. The making and creation of excessive, unnecessary noise within the + city is a condition which has existed for some time and the extent + and volume of such noise is increasing; +2. The making, creation or maintenance of such excessive, unnecessary, + unnatural or unusual noise, prolonged in time, place and use, + affects and is a detriment to public health, comfort, convenience, + safety, welfare and prosperity of the residents of the city; +3. A substantial body of scientific and technological knowledge and + expertise exists by which noise is recognized as sound which is + excessive and thereby unwanted and rejectable, and may be + substantially abated; +4. The necessity in the public interest for the provisions and + prohibitions hereinafter contained and enacted is declared as a + matter of legislative determination and public policy in pursuance + of and for the purpose of securing and promoting the peace and quiet + for the greater assurance of public health, comfort, convenience, + safety, welfare and prosperity of the city and its inhabitants. + +(Code 1999, § 10-421; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994) + +
+ +::: phx-name +[Sec 10-412 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-412_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following words, terms and phrases, when used in this article, + shall have the meanings ascribed to them in this section, except + where the context clearly indicates a different meaning:\ + *\ + Ambient sound pressure level* is the all-encompassing noise + associated with a given environment, being usually a composite of + sounds from many sources, near and far, statistically equivalent to + L90; the percentile noise level exceeded 90 percent of the time + based on any measurement period of not less than ten minutes or more + than 30 minutes.\ + *\ + A-weighted sound level* means the sound pressure level in decibels + as measured on a sound level meter using the A-weighing network. The + level so read is designated as dB(A) or dBA.\ + *\ + Construction* means any site preparation, assembly, erection, + substantial repair, alteration, or similar action, excluding + demolition, for or of public or private rights-of-way, structures, + utilities or similar property.\ + *\ + Continuous sound* means any sound, essentially without interruption, + which exists for a period of six minutes or more.\ + *\ + Decibel (dB)* means a unit for measuring the volume of a sound, + equal to 20 times the logarithm to the base ten of ratio of the + pressure of the sound measured to the reference pressure which is 20 + micropascals (20 micronewtons per square meter), denoted as dB.\ + *\ + Demolition* means any dismantling, intentional destruction or + removal of structures, utilities, public or private right-of-way + surfaces, or similar property.\ + *\ + Device* means any mechanical object or piece intended to produce, or + which produces, the resultant effect objectively sought when + operated or used.\ + *\ + Emergency* means any occurrence or set of circumstances involving + actual or imminent physical trauma or property damage which demands + immediate action.\ + *\ + Emergency vehicle* means vehicles of the fire, police and highway + patrol departments and legally authorized ambulances and emergency + vehicles of state departments.\ + *\ + Emergency work* means any work performed for the purpose of + preventing or alleviating physical traumas or property damage + threatened or caused by an emergency.\ + *\ + Excessive sound* means that sound level which elicits complaints, + usually independent of each other in the estimate of the sound\'s + being acceptable or unacceptable.\ + *\ + Gross vehicle weight rating (GVWR)* means the value specified by the + manufacturer as the recommended maximum loaded weight of a single + motor vehicle. In cases where trailers and tractors are separable, + the gross combination weight rating (GCWR), which is the value + specified by the manufacturer as the recommended maximum loaded + weight of the combination vehicle, shall be used.\ + *\ + Impulsive sound* means sound pulses of short duration, usually less + than one second, with an abrupt onset and rapid decay.\ + *\ + L1 percentile level* means the time-averaged sound pressure level, + A-weighted, that is exceeded in any time measurement period one + percent of that time.\ + *\ + L10 percentile level* means the time-averaged sound pressure level, + A-weighted, that is exceeded in any time measurement period ten + percent of that time.\ + *\ + L90 percentile level* means the time-averaged sound pressure level, + A-weighted, that is exceeded in any time measurement period 90 + percent of that time.\ + *\ + Measurement period* means that total amount of time used in the + measurement of sound levels for a given incident not including time + intervals, or their total time, between intervals of actual sound + measurement time. Limits are as stated herein, not less than ten + minutes and not more than 30 minutes.\ + *\ + Motor vehicle* means every vehicle self-propelled on land and every + vehicle propelled by electric power obtained from overhead trolley + wires, but not operated upon rails; provided, however, the + definition of the term \"motor vehicle\" shall not include + implements of husbandry.\ + *\ + Muffler* means a device for abating the sound of escaping gases of + any internal combustion engine.\ + *\ + Noise* means any sound which annoys or disturbs humans or which + causes or tends to cause an adverse psychological or physiological + effect on humans.\ + *\ + Noise disturbance* means any plainly audible sound which: + 1. Injures or endangers the safety or health of a human; + 2. Annoys or disturbs a reasonable person of normal sensitivities; + or + 3. Endangers or injures personal or real property. + + For the purpose of this definition, the term \"plainly audible\" + means where the listener clearly can hear the content of the sound + produced by the noise source. Sounds which may be clearly or plainly + audible include, but are not limited to, musical rhythms, spoken + words, vocal sounds and engine noises.\ + *\ + Person* means any individual, association, partnership or + corporation, and includes any officer, employee, department, agency + or instrumentality of the state or any political subdivision of the + state.\ + *\ + Powered model vehicle* means any self-propelled airborne, + waterborne, or landborne plane, vessel or vehicle which is not + designed to carry persons, including, but not limited to, any model + airplane, boat, car or rocket.\ + *\ + RMS sound pressure* means the square root of the time average square + of the sound pressure, denoted Prms.\ + *\ + Sound* means temporal and spatial oscillation in pressure, particle + displacement, particle velocity or other physical parameter, in a + medium with internal forces that causes progressively alternate + compression and rarefaction of that medium, and which propagates at + finite speed to distant points and can evoke an auditory sensation.\ + *\ + Sound level meter* means an instrument which includes a microphone, + amplifier, RMS detector, integrator or time averager, output meter, + and weighing networks used to measure sound pressure levels.\ + *\ + Sound pressure* means the instantaneous difference between the + actual pressure and the average barometric pressure at a given point + in space, as produced by sound energy.\ + *\ + Sound pressure level* means 20 times the logarithm to the base ten + of the ratio of the RMS sound pressure to the reference pressure of + 20 micropascals (20 x 10 - 6) n/m2). The sound pressure level is + denoted Lp or SPL and is expressed in decibels (dB). +2. All defined terminology used in this article which is not defined in + subsection (A) of this section or in Part 1 of this Code shall be in + conformance with applicable publication of the American National + Standards Institute (ANSI) or its successor body. + +(Code 1999, § 10-422; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994) + +
+ +::: phx-name +[Sec 10-413 Prohibitions +Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-413_Prohibitions_Generally){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to make, continue or cause to be made or +continued any noise disturbance, any excessive, unnecessary or unusual +noise, or any noise which either annoys, disturbs, injures or endangers +the comfort, repose, health, peace or safety of reasonable people of +ordinary sensibilities, within the limits of the city. + +(Code 1999, § 10-423; Ord. No. 544, 2-4-1991) + +
+ +::: phx-name +[Sec 10-414 Specific +Prohibitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-414_Specific_Prohibitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following acts, among others and not to exclude other such acts, are +declared to be excessive or unusual noises in violation of this article, +except and unless in the urgent interest of public health, welfare and +safety, a permit has been issued by the city manager for continuance or +performance over such time periods as may be so stated: + +1. Owning, maintaining or harboring for hire any animal or bird, which, + by frequent or prolonged noise-making, cause or tend to cause + excessive sound levels, whether originating from public or private + facilities, except publicly-owned or publicly-operated zoos. Police + dogs may be exempted from the prohibitions of this section under + such terms and conditions as the city manager or council may + establish; +2. Performance of construction, demolition or repair work at or on any + structural or roadway project or undertaking whether by manual or + mechanical means, such as to produce a noise disturbance; +3. Discharge into the open air of the sound-laden exhaust from, or + escape of excessive sound from, working parts of the transmission or + conveyance of fluids or solids through piping, conduit, or by way of + other mechanical transport, stationary, portable or mobile engine or + motorized vehicle, such as to produce a noise disturbance; +4. Sounding of horns, whistles, sirens, firearms or other such alarm or + announcement device, whether manual or power-operated, or the + detonation of fireworks or explosives, except as required as warning + of fire, natural disaster or other impending or incidental danger, + or which may be required as a part of law enforcement, by emergency, + or as excepted by the exemptions to this article; +5. Operating or permitting the use or operation of any device designed + for sound production, amplification or reproduction, including, but + not limited to, any radio, musical instrument, phonograph, + equipment, electronic audio equipment, television set, tape + recorder, loud speaker, or other similar device: + 1. Between the hours of 10:00 p.m. and 7:00 a.m. the following day + so as to be plainly audible within any dwelling unit which is + not the source of the sound; or + 2. On public property or on a public right-of-way so as to be + plainly audible 50 feet or more from such device, except as + authorized by permit; +6. Shouting, carousing, singing, boisterous, belligerent or clamorous + noise-making or other prolonged noise-making such as to cause or + tend to cause excessive sound pressure levels; +7. Operation of any motorized surface boat or underwater vehicle, + whether on land, water impoundment, lake, stream, diversion channel, + or astride a conveyance, such as to produce a noise disturbance; +8. Operation of powered models or toys such as to produce a noise + disturbance; +9. Running, testing or otherwise operating aircraft engines on the + ground or operating an airport facility in such a manner as to cause + or tend to cause noise disturbance. Nothing in this section shall be + construed to prohibit, restrict, penalize or enjoin or in any manner + regulate the movement of aircraft which are, in all respects, + conducted in accordance with or pursuant to applicable federal laws + and regulations, or air traffic control instructions; +10. Operating or permitting to be operated in any place of public + entertainment during any hour of operation when patrons or customers + may be expected to be present, any loudspeaker or sound amplifier + which produces, reproduces or amplifies sound, or which produces a + noise disturbance at a point normally to be occupied by a patron or + customer, unless a conspicuous legible sign is posted at or within + five feet of each public entrance and not more than five feet above + the level of the ground, floor, or other entrance threshold, + readable by a person with 20/20 vision at a distance not less than + ten feet from the loudspeaker or amplifier, which sign shall state:\ + \"WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING + IMPAIRMENT\"\ + This provision shall not be construed to allow the operation of a + loudspeaker or sound amplifier in such manner as to violate + subsection (K) of this section; +11. Creating noise disturbance within 500 feet of any school or other + such institution of learning, church, hospital, convalescent + hospital or mass-care home, or court of law from 10:00 p.m. to 7:00 + a.m., provided conspicuous, legible signs are serviceably displayed + at such distance from the aforementioned institutions, or any of + them, that such potential violation may be avoided; +12. No property owner, lessor or lessee shall knowingly allow any + automobile, motorcycle, minibike or other vehicle which creates a + noise disturbance to be driven across his property. Nothing in this + section shall be construed as to prohibit the arrest of the + operators of such vehicles as may be provided by this Code. +13. Operating or permitting to be operated any device designed for sound + production, amplification or reproduction, included but not limited + to, any radio, musical instrument, phonograph, equipment, electronic + audio equipment, tape recorder, loudspeaker, or other similar device + at any city owned park that exceeds sixty-five decibels (65 dB) + measured at the boundary of any city owned park.\ + +(Code 1999, § 10-424; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994) + +::: phx-docs +HISTORY\ +*Approved by Ord. +[998(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1641223116_ordinance%20998.21.pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/20/2021\ +* +::: + +
+ +::: phx-name +[Sec 10-415 +Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-415_Exemptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following sources of potentially excessive sound shall be exempt +from noise control regulation: + +1. Safety signals and alarm devices; only storm warning sirens or horns + that are owned, operated, authorized, and required by the city and + the authorized testing of such equipment, emergency vehicle sirens + or horns used when responding to an emergency, and emergency + pressure relief valves; +2. Noise created or to be created as the result of provisions of + section 10-414 such that a permit shall be issued beforehand by the + city manager, and such event shall be conducted in accordance with + provisions of such permit; +3. Disaster or other emergency, or, as result of such disaster, + demanding the immediate undertaking by operators or mechanical + devices for relief of stress thus created; +4. Organized sporting event; organized sporting event shall not include + sporting events located at any city owned park, including but not + limited to, all youth association regular season games and + tournaments; +5. Noncommercial public speaking and public assembly activities + conducted on any public space or public right-of-way; and +6. Interstate railway locomotives and trains en route, and not engaged + in switching operations within residential land use classifications + between 10:00 p.m. and 7:00 a.m. + +(Code 1999, § 10-427; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994; +Ord. No. 758(13), 9-16-2013) + +::: phx-docs +HISTORY\ +*Approved by Ord. +[997(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1641222535_ordinance%20997.21.pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/20/2021\ +* +::: + +
+ +::: phx-name +[Sec 10-416 +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-416_Permit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Application for a permit for relief from noise restrictions + designated in this article, on the basis of undue hardship, may be + made to the city manager or his authorized representative. Any such + application shall set out clearly the conditions describing the + undue hardship so alleged. +2. A permit may be granted only upon sufficient and reliable showing in + the application that such conditions indicate one or more of the + following to be true: + 1. Additional time is necessary for the applicant to alter or + modify his activity or operation to comply with this article; + 2. The activity, operation or noise source will be of temporary + duration, and cannot be performed in a manner that would comply + with other sections of this article; and + 3. No other reasonable alternative is available to the applicant. +3. A permit may be granted only for an effective time period of three + days or less, except in the case of construction or demolition, the + effective time period of such permit shall not exceed 45 days + continuous time lapse. A permit may be renewed while the urgent + necessity continues for three days or less, except in the case of + construction or demolition, the renewal shall not exceed 45 days. + Any such permit thus granted shall state all conditions upon which + it may be granted, including, but not limited to, effective date, + time of day, location, limitations for personnel or equipment + involved, and any other conditions or requirements the city manager + may deem necessary to minimize the adverse effects upon the + community or surrounding neighborhood. + +(Code 1999, § 10-428; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994) + +
+ +::: phx-name +[Sec 10-417 Duties And Responsibilities Of City +Departments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-417_Duties_And_Responsibilities_Of_City_Departments){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All departments and agencies of the city shall, to the fullest + extent consistent with other ordinances, carry out their programs in + such a manner as to further the policy of this article and in + cooperation with the enforcement of it. +2. All departments whose duty it is to review and approve new projects + or changes to existing projects that result, or may result, in the + production of excessive sound levels shall consult with the agent of + enforcement prior to any such approval. + +(Code 1999, § 10-429; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994) + +
+ +::: phx-name +[Sec 10-418 Penalty And Injunctive +Relief](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-418_Penalty_And_Injunctive_Relief){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any person who violates any provision of this article shall, upon + conviction thereof, be guilty of an offense against the city. +2. Each day of violation of any provision of this article shall + constitute a single offense if the disturbance is continuous. If the + disturbance is not continuous, each violation of any provision of + this article shall constitute a separate offense, although committed + on the same day. +3. As an additional remedy, any activity, conduct or the operation or + maintenance of any device, instrument, vehicle or machinery which is + continuing in nature and in violation of any ordinance provision, + and which causes discomfort or annoyance, or which endangers the + comfort, repose, health or peace of residents in the area, or which + produces a noise disturbance shall be deemed, and is declared to be, + a public nuisance and may be subject to abatement summarily by a + restraining order or injunction issued by a court of competent + jurisdiction. An injunction or restraining order may be issued + pursuant to the statutes of the state. + +(Code 1999, § 10-430; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994) + +
+ +::: phx-name +[CHAPTER 10-5 OFFENSES AGAINST THE +PUBLIC](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-5_OFFENSES_AGAINST_THE_PUBLIC){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 10-501 Public +Intoxication](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-501_Public_Intoxication){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-502 Marijuana And Controlled Dangerous Substances +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-502_Marijuana_And_Controlled_Dangerous_Substances_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-503 Drug +Paraphernalia](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-503_Drug_Paraphernalia){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-504 Sniffing Glue, Paint And Other +Substances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-504_Sniffing_Glue,_Paint_And_Other_Substances){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-505 Curfew For +Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-505_Curfew_For_Minors){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-506 False Representation As Blind, Crippled Or Physically +Defective To Obtain Money, +Aid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-506_False_Representation_As_Blind,_Crippled_Or_Physically_Defective_To_Obtain_Money,_Aid){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-507 Prowling On +Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-507_Prowling_On_Premises){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-508 Misrepresenting Age By False +Documents](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-508_Misrepresenting_Age_By_False_Documents){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-509 Obscene, Threatening Or Harassing Telecommunication Or Other +Electronic +Communications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-509_Obscene,_Threatening_Or_Harassing_Telecommunication_Or_Other_Electronic_Communications){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-510 Disorderly +House](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-510_Disorderly_House){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-511 Nudity, Improper Dress And Indecent +Exposure](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-511_Nudity,_Improper_Dress_And_Indecent_Exposure){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-512 Gambling And Gambling +Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-512_Gambling_And_Gambling_Devices){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-513 Prostitution +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-513_Prostitution_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-514 Offenses Near +Schools](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-514_Offenses_Near_Schools){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-515 Sleeping In Places, +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-515_Sleeping_In_Places,_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-516 Contributing To Delinquency Of A +Minor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-516_Contributing_To_Delinquency_Of_A_Minor){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-517 Prevention Of Youth Access To +Tobacco](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-517_Prevention_Of_Youth_Access_To_Tobacco){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-518 Display Of Material Harmful To +Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-518_Display_Of_Material_Harmful_To_Minors){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-519 Spray Paint Restrictions For +Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-519_Spray_Paint_Restrictions_For_Minors){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 10-501 Public +Intoxication](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-501_Public_Intoxication){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall be in any public place in a state of intoxication. A +state of intoxication means the condition in which a person is under the +influence of drugs, intoxicating liquors or nonintoxicating beverage to +such an extent as to deprive the person of his full mental or physical +power or be unable to exercise care for his own safety or the safety of +others. + +(Code 1999, § 10-501) + +**State Law reference**--- Oklahoma Alcohol and Drug Abuse Services Act, +43A O.S. § 3-401 et seq.; intoxication in a public place or at a public +gathering, 37 O.S. § 8. + +
+ +::: phx-name +[Sec 10-502 Marijuana And Controlled Dangerous Substances +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-502_Marijuana_And_Controlled_Dangerous_Substances_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful for any person to: + 1. Possess a controlled dangerous substance including, but not + limited to: methamphetamine, heroin, opium, opiates, cocaine or + any other illegal substances as noted in Title 63 O.S. §2-101 et + seq., unless such substance was obtained directly, or pursuant + to a valid prescription or order from a practitioner, while + acting in the course of his or her professional practice. + 2. Possess marijuana in any place within the city; unless that + person is in possession of an appropriate license issued by the + Oklahoma Medical Marijuana Authority of the State of Oklahoma. + No person shall possess a quantity of medical marijuana in + excess of the amounts proscribed by state law as established for + each category of license; possession of up to one and one half + ounces of marijuana by a person who can state a medical + condition, but are not in possession of a state issued medical + marijuana license shall be punishable by a fine not to exceed + \$400.00 or maximum allowed by state law. Unless otherwise + stated, violation of any provision contained in this paragraph + is punishable by a fine of up to \$500.00 and court costs. + 3. Use marijuana in any place within the city except as legally + prescribed by a physician licensed to practice in the state; or + to use smokable, vaporized, vapable and e-cigarettes medical + marijuana and medical marijuana products smoked by a patient + license holder at locations that would violate 63 O.S. § 1-1521 + et seq., commonly referred to as the \"Smoking in Public Places + and Indoor Workplace Act\" and part 8, chapter 7 sections 8-701 + through 8-704 of this Code; or + 4. Be about a place where marijuana is sold or furnished illegally. +2. For the purpose of this section, the term \"marijuana\" means all + parts of the plant cannabis sativa L., whether growing or not; the + seeds thereof; the resin extracted from any part of such plant; and + every compound, manufacture, salt, derivative, mixture, or + preparation of such plant, its seeds or resin, but shall not include + the mature stalks of such plant, fibre produced from such stalks, + oil or cake made from the derivative, mixture or preparation of such + mature stalks (except resin extracted therefrom), fibre, oil or + cake, or the sterilized seed of such plant which is incapable of + germination.  +3. For the purpose of this section, the term \"controlled dangerous + substance\" means a drug, substance or immediate precursor in + Schedules I through V of the Uniform Controlled Dangerous Substances + Act or any drug, substance or immediate precursor listed either + temporarily or permanently as a federally controlled substance. Any + conflict between state and federal law with regard to the particular + schedule in which a substance is listed shall be resolved in favor + of state law. +4. Any person who violates any of the provisions of this section or + fails to comply with any of the requirements thereof, as it pertains + to a controlled dangerous substance other than marijuana, shall be, + upon conviction, guilty of a misdemeanor punishable by a fine not to + exceed the lesser of \$500.00 and court costs or the maximum allowed + by state law.\ + +(Prior Code, § 16-63, in part; Code 1999, § 10-502) + +**State Law reference**--- Controlled dangerous substances, 63 O.S. § +2-101 et seq. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[895(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346542_Ordinance%20No.%20895%20(18).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/3/2018\ +Amended by Ord. +[1029.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1029.23.pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/5/2023\ +* +::: + +
+ +::: phx-name +[Sec 10-503 Drug +Paraphernalia](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-503_Drug_Paraphernalia){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. For the purpose of this section, the term \"drug paraphernalia\" + means all equipment, products and materials of any kind which are + used, intended for use, or designed for use, in planting, + propagating, cultivating, growing, harvesting, manufacturing, + compounding, converting, producing, processing, preparing, testing, + analyzing, packaging, repackaging, storing, containing, concealing, + injecting, ingesting, inhaling or otherwise introducing into the + human body a controlled substance in violation of the Oklahoma + Uniform Controlled Dangerous Substances Act (63 O.S. § 2-101 et + seq.), hereinafter referred to as \"the Act,\" and adopted by + reference herein. The term \"drug paraphernalia\" includes, but is + not limited to: + 1. Kits used, intended for use, or designed for use in planting, + propagating, cultivating, growing or harvesting of any species + of plant which is a controlled substance or from which a + controlled substance can be derived; + 2. Kits used, intended for use, or designed for use in + manufacturing, compounding, converting, producing, processing, + or preparing controlled substances; + 3. Isomerization devices used, intended for use, or designed for + use in identifying, or in analyzing the strength, effectiveness + or purity of controlled substances; + 4. Testing equipment used, intended for use, or designed for use in + identifying, or in analyzing the strength, effectiveness or + purity of controlled substances; + 5. Scales and balances used, intended for use, or designed for use + in weighing or measuring controlled substances; + 6. Diluents and adulterants, such as quinine hydrochloride, + mannitol, mannite, dextrose and lactose, used, intended for use, + or designed for use in cutting controlled substances; + 7. Separation gins and sifters used, intended for use, or designed + for use in removing twigs and seeds from, or in otherwise + cleaning or refining, marijuana; + 8. Blenders, bowls, containers, spoons and mixing devices used, + intended for use, or designed for use in compounding controlled + substances; + 9. Capsules, balloons, envelopes and other containers used, + intended for use, or designed for use in packaging small + quantities of controlled substances; + 10. Containers and other objects used, intended for use, or designed + for use in storing or concealing controlled substances; + 11. Hypodermic syringes, needles and other objects used, intended + for use, or designed for use in parenterally injecting + controlled substances into the human body; and + 12. Objects used, intended for use, or designed for use in + ingesting, inhaling, or otherwise introducing marijuana, + cocaine, hashish, or hashish oil into the human body, such as: + 1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic + pipes with or without screens, permanent screens, hashish + heads, or punctured metal bowls; + 2. Water pipes; + 3. Carburetion tubes and devices; + 4. Smoking and carburetion masks; + 5. Roach clips; meaning objects used to hold burning materials, + such as a marijuana cigarette, that has become too small or + too short to be held in the hand; + 6. Miniature cocaine spoons, and cocaine vials; + 7. Chamber pipes; + 8. Carburetor pipes; + 9. Electric pipes; + 10. Air-driven pipes; + 11. Chillums; + 12. Bongs; or + 13. Ice pipes or chiller. +2. In determining whether an object is drug paraphernalia, a court or + other authority should consider, in addition to all other logically + relevant factors, the following: + 1. Statements by an owner or by anyone in control of the object + concerning its use; + 2. Prior convictions, if any, of an owner, or of anyone in control + of the object, under any state or federal law relating to any + controlled substance; + 3. The proximity of the object, in time and space, to a direct + violation of the Act; + 4. The proximity of the object to controlled substances; + 5. The existence of any residue of controlled substances on the + object: + 6. Direct or circumstantial evidence of the intent of an owner, or + of anyone in control of the object, to deliver it to persons + whom he knows, or should reasonably know, intended to use the + object to facilitate a violation of the Act; the innocence of an + owner, or of anyone in control of the object, as to a direct + violation of the Act shall not prevent a finding that the object + is intended for use, or designed for use as drug paraphernalia; + 7. Instructions, oral or written, provided with the object + concerning its use; + 8. Descriptive materials accompanying the object which explain or + depict its use; + 9. National and local advertising concerning its use; + 10. The manner in which the object is displayed for sale; + 11. Whether the owner, or anyone in control of the object, is a + legitimate supplier of like or related items to the community, + such as a licensed distributor or dealer of tobacco products; + 12. Direct or circumstantial evidence of the ratio of sales of the + objects to the total sales of the business enterprise; + 13. The existence and scope of legitimate uses for the object in the + community; and + 14. Expert testimony concerning its use. +3. It is unlawful for any person to use, or to possess with intent to + use, drug paraphernalia to plant, propagate, cultivate, grow, + harvest, manufacture, compound, convert, produce, process, prepare, + test, analyze, pack, repack, store, contain, conceal, inject, + ingest, inhale, or otherwise introduce into the human body a + controlled substance in violation of the Act. +4. It is unlawful for any person to deliver, possess with intent to + deliver, or manufacture with intent to deliver, drug paraphernalia, + knowing, or under circumstances where one reasonably should know, + that it will be used to plant, propagate, cultivate, grow, harvest, + manufacture, compound, convert, produce, process, prepare, test, + analyze, pack, repack, store, contain, conceal, inject, ingest, + inhale, or otherwise introduce into the human body a controlled + substance in violation of the Act. +5. It is unlawful for any person to place in any newspaper, magazine, + handbill, or other publication any advertisement, knowing, or under + circumstances where one reasonably should know, that the purpose of + the advertisement, in whole or in part, is to promote the sale of + objects designed or intended for use as drug paraphernalia. +6. The term drug paraphernalia shall not include equipment, products + and materials of any kind which are used, intended for use, or + designed for use, in planting, propagating, cultivating, growing, + harvesting, manufacturing, compounding, converting, producing, + processing, preparing, testing, analyzing, packaging, repackaging, + storing, containing, concealing, injecting, ingesting, inhaling or + otherwise introducing into the human body medical marijuana where + the possession of such items is authorized by an appropriate license + issued by the State of Oklahoma, Medical Marijuana Authority. + +(Code 1999, § 10-503) + +**State Law reference**--- Similar provisions, 63 O.S. §§ 2-101.1, +2-405. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[894(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346334_Ordinance%20No.%20894%20(18).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/3/2018\ +* +::: + +
+ +::: phx-name +[Sec 10-504 Sniffing Glue, Paint And Other +Substances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-504_Sniffing_Glue,_Paint_And_Other_Substances){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall sniff or inhale paint, glue, gasoline or other volatile +substances for purposes of intoxication. + +(Code 1999, § 10-504) + +**State Law reference**--- Glue sniffing, 63 O.S. § 465.20. + +
+ +::: phx-name +[Sec 10-505 Curfew For +Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-505_Curfew_For_Minors){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following words, terms and phrases, when used in this section, + shall have the meanings ascribed to them in this subsection, except + where the context clearly indicates a different meaning:\ + *\ + Minor* means any person under the age of 18.\ + *\ + Parent* means any person having legal custody of a minor as a: + 1. Natural or adoptive parent; + 2. Legal guardian; + 3. Person who stands in loco parentis; or + 4. Person to whom legal custody has been given by order of the + court. + + *Public place* means any street, alley, highway, sidewalk, park, + playground or place to which the general public has access and a + right to resort for business, entertainment, or other lawful + purpose. A public place shall include, but not be limited to, any + store, shop, restaurant, tavern, bowling alley, cafe, theater, drug + store, pool room, shopping center and any other place devoted to + amusement or entertainment of the general public. It shall also + include the front or immediate area of the above.\ + *\ + Remain* means to stay behind, to tarry and to stay unnecessarily + upon the streets, including the congregating of groups (or of + interacting minors) totaling four or more persons in which any minor + involved would not be using the streets for ordinary or serious + purposes such as mere passage or going home.\ + *\ + Street* means a way or place, of whatsoever nature, open to the use + of the public as a matter of right for purposes of vehicular travel + or in the case of a sidewalk thereof for pedestrian travel. The term + \"street\" includes the legal right-of-way, including, but not + limited to, the cartway or traffic lanes, the curb, the sidewalks, + whether paved or unpaved, and any grass plots or other grounds found + within the legal right-of-way of a street.\ + *\ + Time of night* referred to here is based upon the prevailing + standard of time, whether Central Standard Time or Central Daylight + Saving Time, generally observed at that hour by the public.\ + *\ + Year of age* continues from one birthday, such as the 17th to (but + not including the day of) the next, such as the 18th birthday, + making it clear that 17 or less years of age is herein treated as + equivalent to the phrase \"under 18 years of age.\" +2. It shall be unlawful for any person 17 or less years of age + (under 18) to be or remain in or upon the streets or public places + within the city at night during the period ending 5:00 a.m. and + beginning: + 1. At 11:00 p.m. for minors on Sunday through Thursday; and + 2. At 1:00 a.m. on Saturday morning and Sunday morning for minors. +3. In the following exceptional cases, a minor on a city street or in a + public place during the nocturnal hours for which this section is + intended to provide the maximum limits of regulation does not + constitute a violation of the curfew regulations: + 1. When accompanied by a parent of such minor; + 2. When accompanied by an adult authorized by a parent of such + minor to take the parent\'s place accompanying the minor for a + designated period of time, date and purpose within a specified + area. The authorized adult shall possess a written communication + signed by the minor and countersigned by the parent/legal + guardian of such minor which includes their home address and + telephone number. The authorized adult shall have this + communication from the minor\'s parent/guardian in his + possession; + 3. When exercising First Amendment rights protected by the United + States Constitution, such as the free exercise of religion, + freedom of speech and the right of assembly. Such minor shall + evidence the bona fides of such exercise by possessing a written + communication, signed by such minor and countersigned by a + parent or legal guardian of such minor with their home address + and telephone number, specifying times and dates when, and + where, and in what manner the minor will be on the streets and + other public places at night (during hours when the curfew + regulations are otherwise applicable to the minor) in the + exercise of a First Amendment right specified in such + communication; + 4. The minor is on an errand, specific business or activity of an + emergency nature directed or permitted by his parent; + 5. If the minor has in the minor\'s possession a written + communication signed by the minor and countersigned by a parent + or legal guardian of such minor evidencing their home address + and telephone number, and establishing such reason relating to a + direct route for a designated time for a described purpose + including points of origin and destination. Each communication + will also note the date and time limits the reason will + encompass; + 6. When the minor is on the sidewalk of the place where such minor + resides, or on the sidewalk of either next-door neighbor not + communicating an objection to the police officer; + 7. When returning home, by a direct route, from (and within 45 + minutes of the termination of) a school activity, or an activity + of a religious or the voluntary association, provided the minor + has a written communication in the minor\'s possession, + countersigned by the parent or legal guardian indicating the + home address and telephone number, the purpose for the event, + and when, where and in what manner the minor will be on the + streets at night; + 8. Upon being petitioned, the city council may authorize by + regulation a relaxation of the curfew in other matters of + reasonable necessity and is determined to be consistent with the + public interest and the purposes of these curfew regulations. + Normally, such regulation by the city council permitting use of + the streets or public places should be issued sufficiently in + advance to permit appropriate notification of agencies, such as + the schools, and the media when appropriate. The regulation + shall define the activity, the scope of the use of the streets + or public places permitted, and the period of time involved, not + to extend more than 45 minutes beyond the time for termination + of such activity; + 9. When the minor is within the scope of his employment and carries + a certified card or some other form indicating employment, + briefly identifying the minor, the addresses and telephone + numbers of his home and his place of employment and his hours of + employment or carries a valid proof of employment; or + 10. Whenever the minor is engaged in interstate or intrastate + vehicular travel with consent of his parent or legal guardian. + This contemplates normal travel and clearly exempts bona fide + interstate movement through the city, particularly on normal + routes. +4. It shall be unlawful for a parent, or other person, having legal + custody of a minor knowingly to permit, or by inefficient control to + allow, such a minor to be or remain upon any city street or public + place under circumstances not constituting an exception to, or + otherwise beyond the scope of, the curfew regulations. The term + \"knowingly\" includes knowledge which a parent, or legal guardian, + should reasonably be expected to have concerning the whereabouts of + a minor in that parent\'s or person\'s legal custody. It is intended + to continue to keep neglectful or careless parents or legal + guardians up to a reasonable community standard of parental + responsibility through an objective test. It shall be no defense + that a parent was completely indifferent to the activities or + conduct or whereabouts of such minor. +5. A police officer of the city, upon finding or having attention + called to any minor on the streets in prima facie violation of the + curfew regulations, normally shall take the minor to the city police + station, or other place designated by the chief of police, where a + parent, or legal guardian, shall immediately be notified to come for + such minor, whereupon they may be questioned about the necessary + facts constituting a violation of these regulations. In the absence + of convincing evidence such as a birth certificate, a police officer + on the street shall in the first instance use his best judgment in + determining age. In the case of a first violation by a minor, the + municipal court shall cause to be personally delivered or, by + certified mail, sent to a parent, or legal guardian, written notice + of the violation with a warning that any subsequent violation will + result in full enforcement of the curfew regulations, including + enforcement of parental responsibility and of applicable penalties. +6. If, after the warning notice pursuant to subsection (E) of this + section of a first violation by a minor, a parent or legal guardian + violates the section (in connection with a second violation by the + minor), this shall be treated as an offense by the parent or legal + guardian. The penalty, upon a plea of guilty, nolo contendere, or + finding of guilt, shall be punished as provided in section 1-108, or + a term of community service. + +(Code 1999, § 10-505; Ord. No. 85(94), 6-6-1994) + +
+ +::: phx-name +[Sec 10-506 False Representation As Blind, Crippled Or Physically +Defective To Obtain Money, +Aid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-506_False_Representation_As_Blind,_Crippled_Or_Physically_Defective_To_Obtain_Money,_Aid){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall falsely represent himself as blind, deaf, dumb, crippled +or physically defective for the purpose of obtaining money or other +things of value, or to secure aid or assistance on account of such false +representation. + +(Code 1999, § 10-506) + +
+ +::: phx-name +[Sec 10-507 Prowling On +Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-507_Prowling_On_Premises){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall be upon the property or premises of another with the +intent to peer or peep into the window or door of the dwelling. + +(Code 1999, § 10-507) + +**State Law reference**--- Peeping toms generally, 21 O.S. § 1171. + +
+ +::: phx-name +[Sec 10-508 Misrepresenting Age By False +Documents](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-508_Misrepresenting_Age_By_False_Documents){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall, for the purpose of violating any statutes of the state +or any ordinances of the city, willfully and knowingly misrepresent his +age by presenting a false document purporting to state his true age or +by presenting a document not his own. + +(Code 1999, § 10-508) + +**State Law reference**--- Misrepresentation of age by false documents, +21 O.S. § 1518 et seq. + +
+ +::: phx-name +[Sec 10-509 Obscene, Threatening Or Harassing Telecommunication Or Other +Electronic +Communications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-509_Obscene,_Threatening_Or_Harassing_Telecommunication_Or_Other_Electronic_Communications){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It shall be unlawful for a person who, by means of a + telecommunication or other electronic communication device, + willfully: + 1. Makes any comment, request, suggestion, or proposal which is + obscene, lewd, lascivious, filthy, or indecent; + 2. Makes a telecommunication or other electronic communication with + intent to terrify, intimidate or harass, or threaten to inflict + injury or physical harm to any person or property of that + person; + 3. Makes a telecommunication or other electronic communication, + whether or not conversation ensues, with intent to put the party + called in fear of physical harm or death; + 4. Makes a telecommunication or other electronic communication, + whether or not conversation ensues, without disclosing the + identity of the person making the call or communication and with + intent to annoy, abuse, threaten, or harass any person at the + called number; + 5. Knowingly permits any telecommunication or other electronic + communication under the control of the person to be used for any + purpose prohibited by this section; and + 6. In conspiracy or concerted action with other persons, makes + repeated calls or electronic communications or simultaneous + calls or electronic communications solely to harass any person + at the called numbers. +2. As used in this section, the term \"telecommunication\" and + \"electronic communication\" mean any type of telephonic, electronic + or radio communications, or transmission of signs, signals, data, + writings, images and sounds or intelligence of any nature by + telephone, including cellular telephones, wire, cable, radio, + electromagnetic, photoelectronic or photo-optical system or the + creation, display, management, storage, processing, transmission or + distribution of images, text, voice, video or data by wire, cable or + wireless means, including the Internet. The term + \"telecommunication\" includes: + 1. A communication initiated by electronic mail, instant message, + network call, or facsimile machine; and + 2. A communication made to a pager. +3. Use of a telephone or other electronic communications facility under + this section shall include all use made of such a facility between + the points of origin and reception. Any offense under this section + is a continuing offense and shall be deemed to have been committed + at either the place of origin or the place of reception. +4. Any person who is convicted of the provisions of subsection (A) of + this section shall be punished pursuant to section 1-108. + +(Code 1999, § 10-509; Ord. No. 612(08), 1-22-2008) + +**State Law reference**--- Similar provisions, 21 O.S. § 1172. + +
+ +::: phx-name +[Sec 10-510 Disorderly +House](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-510_Disorderly_House){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A disorderly house means any structure or vehicle by which the + peace, comfort, health, welfare or decency of the public is + disturbed by reason of the people therein committing or resorting to + any of the following acts: + 1. The sale, distribution, possession or use of any controlled + dangerous substance, the sale, distribution, possession or use + of which is declared unlawful by state statute; + 2. The violation of any of the ordinances of the city or statutes + of the state regulating the sale, distribution, possession or + use of alcoholic and nonintoxicating beverages as defined by + law; + 3. The performance of any sexual act declared unlawful by state + statute or city ordinance, including, but not limited to, + soliciting for purposes of prostitution; or + 4. The violation of any state statute or city ordinance prohibiting + gambling. +2. No person shall keep or maintain, or aid, abet or assist in keeping + and maintaining a disorderly house. +3. No owner, lessee, lessor, or other person, partnership or + corporation having control over any house, building, structure, + tent, vehicle, mobile home, or recreational vehicle shall knowingly + use, lease, sublease or otherwise permit the use of same for the + purpose of keeping therein any disorderly house; and knowing or + ascertaining that such house, building, structure, tent, vehicle, + mobile home, or recreational vehicle is so occupied as a disorderly + house, no persons, partnership or corporation shall continue to + grant permission to so use such premises as a disorderly house. +4. No person shall knowingly reside in, enter into, or remain in a + disorderly house. In any prosecution for violation of this section, + the city shall have the burden to prove such knowledge by direct + evidence only and not by circumstantial evidence. This section shall + not apply to physicians or officers in the discharge of their + professional or official duties. + +(Code 1999, § 10-510) + +**State Law reference**--- Municipal power to regulate disorderly houses +and indecencies, 11 O.S. § 22-109. + +
+ +::: phx-name +[Sec 10-511 Nudity, Improper Dress And Indecent +Exposure](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-511_Nudity,_Improper_Dress_And_Indecent_Exposure){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to: + +1. Appear in any public place in the city in a state of nudity; +2. Appear in any public place in the city in any offensive, indecent or + lewd dress; or +3. Make an indecent public exposure of his person. + +(Prior Code, § 16-37; Code 1999, § 10-511) + +**State Law reference**--- Similar provisions, 21 O.S. § 1021. + +
+ +::: phx-name +[Sec 10-512 Gambling And Gambling +Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-512_Gambling_And_Gambling_Devices){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any person who plays or carries on, or opens or causes to be opened, + or who conducts, either as owner or employee, roulette, craps, or + any banking or percentage game, played with dice, cards or any other + device, for money, checks, credit or any representative of value, or + any other gambling game, is guilty of an offense. +2. Any person who bets on or plays at any of the prohibited games + mentioned in subsection (A) of this section, or otherwise gambles, + is guilty of an offense. +3. It is unlawful for any person to exhibit or expose to view in any + building, or in any part of or room in any building, any table, + cards, dice, roulette wheel or other article or apparatus designed + for or used for gambling purposes. +4. It is unlawful for any person to keep, own, operate, use, conduct or + cause to be kept, operated, used or conducted, either as owner, + manager, dealer, clerk or employee, and whether for hire or not, any + punch board, machine, cards, game, parlay card or any other device + or paraphernalia, wherein or whereby any money or property or any + representative of either, or other valuable thing, may be played, + bet, staked, wagered or hazarded, won, lost or obtained upon any + change, combination of numbers, emblems or any uncertain or + contingent event or condition, or football or baseball contest. +5. It is unlawful for any person to play any prohibited game described + in this section. +6. It is unlawful for any person to bar or barricade any building, or + any part of or room in any building, in order to render the same + difficult of access or ingress to the police officers of the city, + in which building, or any part of or room in any such building, any + table, cards, dice, roulette wheel or other article or apparatus + designed for or being used for gambling purposes are exhibited or + exposed to view. +7. The apparatus and paraphernalia used in the conduct of any of the + gambling games prohibited by this section are hereby declared to be + a public nuisance and subject to seizure and suppression by any + officer, and shall be abated, forfeited and destroyed upon the order + and decree of any court of competent jurisdiction. +8. It is unlawful for any person to knowingly be about in the immediate + vicinity where a person is gambling, whether by playing games, + operating a slot machine or other device, or otherwise. +9. Nothing herein contained shall be construed to prevent the + sponsoring and operation of bingo games by nonprofit religious, + fraternal, charitable or educational organizations, provided the + organizations are properly licensed and operated in accordance with + law. + +(Prior Code, §§ 16-31, 16-32; Code 1999, § 10-512) + +**State Law reference**--- Gambling generally, 21 O.S. § 941 et seq.; +search and seizure of equipment used for gambling, 22 O.S. § 1261 et +seq. + +
+ +::: phx-name +[Sec 10-513 Prostitution +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-513_Prostitution_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. As used in this section, the term \"prostitution\" means and + includes the getting or receiving of the body for sexual intercourse + for hire and includes the giving or receiving of the body for + indiscriminate sexual intercourse without hire. +2. It is unlawful: + 1. To engage in prostitution, lewdness or assignation; + 2. To solicit, induce, entice or procure another to commit an act + of lewdness, assignation or prostitution; or + 3. To aid, abet or participate in the doing of any of the acts + herein prohibited. +3. No person shall in any way or manner whatever, keep, harbor or house + any prostitute. +4. No person shall entice or attempt to entice any female into a house + of prostitution, or have illicit sexual intercourse with any female + under 18 years of age. +5. No person shall keep or maintain a house of prostitution or house of + assignation. +6. No person shall lease, let or furnish any building, room, tent or + structure of any kind, or any conveyance used or to be used as a + place of prostitution or assignation within the city, or knowingly + permit the same to be so used. +7. No person shall knowingly accept, receive, levy or appropriate any + money or other thing of value without consideration from a + prostitute or from the proceeds of any women engaged in + prostitution. +8. No person shall offer, or offer to secure another for the purpose of + prostitution, or for any other lewd or indecent act. +9. No person shall direct, take or transport, or offer or agree to take + or transport or aid or assist in transporting, any person to any + house, place, building or other structure, vehicle, trailer or other + conveyance, or to any other person with knowledge or having + reasonable cause to believe that the purpose of such directing, + taking or transporting is prostitution, lewdness or assignation. + +(Prior Code, § 16-36; Code 1999, § 10-513) + +**State Law reference**--- Definition of prostitution, 21 O.S. § 1030; +soliciting, 21 O.S. § 1029; pimping, 21 O.S. § 1081. + +
+ +::: phx-name +[Sec 10-514 Offenses Near +Schools](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-514_Offenses_Near_Schools){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall engage in any of the conduct or acts hereinafter set +forth around, in or near any school or school grounds or streets and +alleys adjacent to any school: + +1. Any conduct that would disturb the orderly conduct of the school; +2. Annoying or molesting any student or employee of the school; +3. Lewd or wanton conduct in, near or around any of the schools or + school grounds or streets and alleys adjacent to the schools; +4. Moving or parking any vehicle in the vicinity of any school for the + purpose of annoying or molesting any student or employee of the + school; or +5. Any other act or conduct calculated to or likely to annoy or molest + any student or employee of such school. + +(Code 1999, § 10-514) + +
+ +::: phx-name +[Sec 10-515 Sleeping In Places, +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-515_Sleeping_In_Places,_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person, without lawful reason, between the hours +of 12:00 midnight and sunrise, to sleep on any street, in any other +public place, or on any property of another without the expressed or +tacit consent of the owner or person in charge of such place. + +(Code 1999, § 10-515) + +
+ +::: phx-name +[Sec 10-516 Contributing To Delinquency Of A +Minor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-516_Contributing_To_Delinquency_Of_A_Minor){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The term \"any person,\" as used in this section, means any human + being, without regard to the legal or natural relationship to a + minor, as well as legal or corporate entities. The term \"minor\" + means any person under the age of 18 years. +2. Any person who shall knowingly or willfully cause, aid, abet or + encourage a minor to be, to remain, or to become a delinquent child, + as defined by state law, shall be guilty of an offense. + +(Prior Code, § 16-16; Code 1999, § 10-516) + +**State Law reference**--- Contributing to delinquency of minors, 21 +O.S. § 856 et seq. + +
+ +::: phx-name +[Sec 10-517 Prevention Of Youth Access To +Tobacco](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-517_Prevention_Of_Youth_Access_To_Tobacco){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Definitions*. The following words, terms and phrases, when used in + this section, shall have the meanings ascribed to them in this + subsection, except where the context clearly indicates a different + meaning:  + 1. *Nicotine Product* means any product that contains nicotine + extracted or isolated from plants, vegetables, fruit, herbs, + weeds, genetically modified organic matter, or that is synthetic + in origin and is intended for human consumption; provided, + however, this term shall not include products approved by the + United States Food and Drug Administration for smoking + cessation.\ + 2. *Person* means any individual, firm, fiduciary, partnership, + corporation, trust, or association, however formed.  + 3. *Proof of age* means a driver\'s license, license for + identification only, or other generally accepted means of + identification that describes the individual as 21 years of age + or older and contains a photograph or other likeness of the + individual and appears on its face to be valid.  + 4. *Sample* means a tobacco product, nicotine product or vapor + product distributed to members of the public at no cost for the + purpose of promoting the product.  + 5. *Tobacco product* means any product that contains tobacco and is + intended for human consumption.  + 6. *Transaction scan* means the process by which a seller checks, + by means of a transaction scan device, the validity of a + driver\'s license or other government-issued photo + identification.  + 7. *Transaction scan device* means any commercial device or + combination of devices used at a point of sale or entry that is + capable of deciphering in an electronically readable format the + information encoded on the magnetic strip or bar code of a + driver\'s license or other government-issued photo + identification.  + 8. *Vapor products* means noncombustible products, that may or may + not contain nicotine, that employ a mechanical heating element, + battery, electronic circuit, or other mechanism, regardless of + shape or size, that can be used to produce a vapor in a solution + or other form. The term \"vapor products\" shall include any + vapor cartridge or other container with or without nicotine or + other form that is intended to be used with an electronic + cigarette, electronic cigar, electronic cigarillo, electronic + pipe, or similar product or device and any vapor cartridge or + other container of a solution, that may or may not contain + nicotine, that is intended to be used with or in an electronic + cigarette, electronic cigar, electronic cigarillo or electronic + device. The term \"vapor products\" do not include any products + regulated by the United States Food and Drug Administration + under chapter V of the Food, Drug, and Cosmetic Act. +2. *Furnishing or sale of tobacco products, nicotine products or vapors + to minors*. + 1. It shall be unlawful and an offense for any person to sell, + give, or furnish in any manner any tobacco product, nicotine + product, nicotine product or vapor product to another person who + is under 21 years of age or to purchase in any manner a tobacco + product or vapor product on behalf of any such person. It shall + not be unlawful for an employee under 21 years of age to handle + tobacco products, nicotine or vapor product when required in the + performance of the employee\'s duties. + 2. Any person engaged in the sale or distribution of tobacco + products or vapor products shall demand proof of age from a + prospective purchaser or recipient if an ordinary person would + conclude on the basis of appearance that the prospective + purchaser may be under 21 years of age. If an individual engaged + in the sale or distribution of tobacco products, nicotine + product, nicotine products or vapor products has demanded and + was shown proof of age from a prospective purchaser or recipient + who is not under 21years of age, the failure to subsequently + require proof of age shall not constitute a violation of this + subsection. + 3. If the sale of a tobacco product, nicotine product or vapor + product to a minor is made by an employee of the owner of a + store at which these products are sold at retail, the employee + shall be guilty of the violation and shall be subject to the + fine. If employees of the owner of the store at which tobacco + products, nicotine products or vapor products are sold at retail + are found to be in violation of this section, the owner of the + store, if the owner knew of the employee\'s previous violations, + shall also be found to be in violation and shall be subject to + an identical fine. An owner of a store licensed to sell tobacco + products, nicotine products or vapor products shall not be + deemed in violation of the provisions of subsection (B)(1) + or (2) of this section for any acts constituting a violation by + an employee of the store owner, if the violation occurred prior + to actual employment of the person by the store owner, or the + violation occurred at a location other than the owner\'s store. + 4. Penalty. Any person violating the provisions of subsection + (B)(1) or (2) of this section shall be guilty of an offense and, + upon conviction, shall be punished by a fine in the amount of + not less than \$25.00 nor more than \$200.00. + 5. Record to be sent to the alcoholic beverage laws enforcement + commission. Upon conviction for violating the provisions of + subsection (B)(1) or (2) of this section, a report of the + conviction of the person shall be forwarded by the municipal + court clerk of the city to the alcoholic beverage laws + enforcement (\"ABLE\") commission for possible administrative + action. + 6. Defenses. Proof that the defendant demanded, was shown, and + reasonably relied upon proof of age shall be a defense to + prosecution under subsection (B)(1) or (2) of this section. A + person cited for violation of this section shall be deemed to + have reasonably relied upon proof of age, and such person shall + not be found guilty of such violation, if such person proves + that: + 1. The individual who purchased or received the tobacco + product, nicotine product or vapor product presented a + driver\'s license or other government-issued photo + identification purporting to establish that such individual + was 21 years of age or older; and + 2. The person cited for the violation confirmed the validity of + the driver\'s license or other government-issued photo + identification presented by such individual by performing a + transaction scan by means of a transaction scan device;\ + provided that this defense shall not relieve from liability + any person cited for a violation of this section if such + person failed to exercise reasonable diligence to determine + whether the physical description and picture appearing on + the driver\'s license or other government-issued photo + identification was that of the individual who presented it. + The availability of the defense described in this + subsection (6) does not affect the availability of any other + defense under any other provision of law. + 7. Notice to be sent to the department of public safety. Upon + failure of the employee to pay the fine within 90 days of the + day of the assessment of such fine, the clerk of the municipal + court shall notify the department of public safety and the + department shall suspend or not issue a driver\'s license to the + employee until proof of payment has been furnished to the + department of public safety. Upon failure of a store owner to + pay the fine within 90 days of the assessment of such fine, the + clerk of the municipal court shall notify the state tax + commission and the state tax commission shall suspend the + store\'s license to sell tobacco products until proof of payment + has been furnished to the state tax commission. + 8. For purposes of determining the liability of a person + controlling franchises or business operations in multiple + locations for any violation of subsection (B)(1) or (2) of this + section, each individual franchise or business location shall be + deemed a separate entity. + + ```{=html} + + ``` + + ```{=html} + + ``` +3. *Receipt of tobacco product, nicotine products or vapor products by + minors* + 1. It is unlawful for a person who is under twenty-one (21) years + of age to purchase, receive, or have in his or her possession a + tobacco product, nicotine product or vapor product, or to + present or offer to any person any purported proof of age which + is false or fraudulent, for the purpose of purchasing or + receiving any tobacco product, nicotine product or vapor product + or to present or offer to any person purported proof of age + which is false or fraudulent, for the purpose of purchasing or + receiving any tobacco product, nicotine product or vapor + product. It shall not be unlawful for an employee under + twenty-one (21) years of age to handle tobacco products, + nicotine products or vapor products when in the performance of + the employee\'s duties. + 2. Penalty. Any person violating the provisions of subsection + (C)(1) of this section shall be guilty of an offense and, upon + conviction, shall complete an education or tobacco use cessation + program approved by the court. + 3. If the violator fails to complete the tobacco use cessation + program ordered by the court, a fine may be imposed that shall + not exceed Fifty Dollars (\$50.00) for a first offense or One + Hundred Dollard (\$100.00) for subsequent offenses. + 4. The violator may also be required to complete a community + service program or other appropriate programs or services as + ordered by the court. + 5. They city shall establish rules to provide for notification to a + parent or guardian of any minor cited for a violation of this + section. +4. *Distribution of tobacco product, nicotine product or vapor product + samples*. + 1. It shall be unlawful and an offense for any person to distribute + tobacco product samples or vapor product samples to any person + under 21 years of age. + 2. Notwithstanding subsection (D)(1) of this section, no person + shall distribute tobacco product samples, nicotine samples, + nicotine product samples or vapor product samples in or on any + public street, sidewalk, or park that is within 300 feet of any + playground, school, or other facility when the facility is being + used primarily by persons under 21 years of age. + 3. Penalty. Any person violating the provisions of subsection + (D)(1) or (2) of this section shall be guilty of an offense and, + upon conviction, shall be punished by a fine in the amount of + not less than \$25.00 nor more than \$200.00. + 4. Notice to be sent to the department of public safety. Upon + failure of an individual to pay any fine within 90 days of the + assessment of such fine, the clerk of the municipal court shall + notify the department of public safety, and the department shall + suspend or not issue a driver\'s license to the individual until + proof of payment has been furnished to the department of public + safety. +5. *Sale of tobacco products except in original sealed package*. + 1. It is unlawful and an offense for any person to sell cigarettes + except in the original, sealed package in which they were placed + by the manufacturer. + 2. Any person violating the provisions of subsection (E)(1) of this + section shall be guilty of an offense and, upon conviction, + shall be punished by a fine of not more than \$200.00, excluding + costs, fees and assessments, for each offense. +6. *Signs in retail establishments required*. + 1. Every person who sells or displays tobacco products, nicotine + products or vapor products at retail shall post conspicuously + and keep so posted at the place of business a sign, as specified + by the alcoholic beverage laws enforcement (ABLE) commission, + stating the following:\ + \"IT\'S THE LAW, WE DO NOT SELL TOBACCO PRODUCTS, NICOTINE + PRODUCTS OR VAPOR PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE.\"\ + The sign shall also provide the toll-free number operated by the + alcoholic beverage laws enforcement (ABLE) commission for the + purpose of reporting violations of the Prevention of Youth + Access to Tobacco Act. + 2. Any person violating the provisions of subsection (F)(1) of this + section shall be guilty of an offense and, upon conviction, + shall be punished by a fine of not more than \$50.00, excluding + costs, fees and assessments, for each day a violation occurs. + Each day a violation is continuing shall constitute a separate + offense. The notice required by subsection (F)(1) of this + section shall be the only notice required to be posted or + maintained in any store that sells tobacco products, nicotine + products, or vapor products at retail. +7. *Notice to retail employees*. + 1. Every person engaged in the business of selling tobacco products + at retail shall notify each individual employed by that person + as a retail sales clerk that state law: + 1. Prohibits the sale or distribution of tobacco products, + nicotine products or vapor products to any person under 21 + years of age and the purchase or receipt of these products + by any person under 21 years of age; and + 2. Requires that proof of age be demanded from a prospective + purchaser or recipient if an ordinary person would conclude + on the basis of appearance that the prospective purchaser or + recipient may be under 21 years of age. + 2. This notice shall be provided before the individual commences + work as a retail sales clerk. The individual shall signify that + he has received the notice required by this section by signing a + form stating as follows:\ + \"I understand that state law prohibits the sale or distribution + of tobacco products, nicotine productsor vapor products to + persons under 21 years of age and out-of-package sales, and + requires proof of age of purchaser or recipient if an ordinary + person would conclude on the basis of appearance that the + prospective purchaser or recipient may be under 21 years of age. + I promise, as a condition of my employment, to obey the law. I + understand that violations by me may be punishable by fines, + suspension, or non-issuance of my driver\'s license. In + addition, I understand that violations by me may subject the + store owner to fines or license suspension.\" +8. *Vending machine sales restricted*. + 1. It shall be unlawful for any person to sell tobacco products, + nicotine products or vapor products through a vending machine + unless the vending machine is located: + 1. In areas of factories, businesses, offices, or other places + that are not open to the public; or + 2. In places that are open to the public, but to which persons + under 21 years of age are not admitted. + 2. Any person violating the provisions of subsection (H)(1) of this + section shall be guilty of an offense and, upon conviction, + shall be punished by a fine of not more than \$200.00, excluding + costs, fees and assessments, for each offense. +9. *Display or sale of tobacco products, nicotine products or vapor + products*. + 1. It is unlawful for any person or retail store to display or + offer for sale tobacco products, nicotine products or vapor + products in any manner that allows public access to the product + without assistance from the person displaying the tobacco + product, nicotine product or vapor product or an employee or the + owner of the store. The provisions of this subsection shall not + apply to retail stores which do not admit into the store persons + under 21 years of age. + 2. Any person violating the provisions of subsection (I)(1) of this + section shall be guilty of an offense and, upon conviction, + shall be punished by a fine of not more than \$200.00, excluding + costs, fees and assessments, for each offense. +10. *Prohibiting possession or sale of tobacco, nicotine or vapor use + device or material*. + 1. It is unlawful for any person who is under 21 years of age to + possess any material or device used in the smoking, chewing, or + other method of consumption of tobacco, including cigarette + papers, pipes, holders of smoking materials or all types, and + other items designed primarily for the smoking or ingestion of + tobacco products. + 2. It is unlawful for any person to sell, give or furnish in any + manner to another person who is under 21 years of age any + material or device used in the smoking, chewing, or other method + of consumption of tobacco, nicotine or vapor products, including + cigarette papers, pipes, holders of smoking materials or all + types, and other items designed primarily for the smoking or + ingestion of these products. + 3. Any person violating the provisions of subsection (J)(1) or (2) + of this section shall be guilty of an offense and, upon + conviction, shall be punished by a fine of not more than + \$200.00, excluding costs, fees and assessments, for each + offense. +11. *Restrictions on manner of enforcement*. + 1. Any conviction for a violation of subsections (B) through (I) of + this section and compliance checks conducted by the city + pursuant to subsection (K)(2) of this section shall be reported + in writing to the alcoholic beverage laws enforcement (ABLE) + commission within 30 days of the conviction or compliance check. + Such reports shall be compiled in the manner prescribed by the + ABLE commission. + 2. Persons under 21 years of age may be enlisted by the city to + assist in enforcement of subsections (B) through (I) of this + section, provided such persons may be used to test compliance + only if written parental consent has been provided and the + testing is conducted under the direct supervision of the + alcoholic beverage laws enforcement (ABLE) commission or + conducted by another law enforcement agency if such agency has + given written notice to the ABLE commission in the manner + prescribed by the ABLE commission. The city may conduct, + pursuant to rules of the ABLE commission, compliance checks + without prior notification to the ABLE commission and shall be + exempt from the written notice requirement of this subsection. + This subsection shall not apply to the use of persons under 21 + years of age to test compliance if the compliance test is being + conducted by or on behalf of a retailer of cigarettes, as + defined in 68 O.S. § 301, at any location the retailer of + cigarettes is authorized to sell cigarettes. + +(Prior Code, § 16-17; Code 1999, § 10-517; Ord. No. 336(01), 10-15-2001; +Ord. No. 582(07), 5-21-2007) + +**State Law reference**--- Similar provisions, 37 O.S. § 600.1 et seq. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[842(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333053_Ordinance%20No.%20842%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +Amended by Ord. +[958(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1633553323_Ordinance%20958(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/21/2020\ +Amended by Ord. +[1016.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1016.22.pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/17/2022\ +Amended by Ord. +[1035.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1035.23.pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/2/2023\ +* +::: + +
+ +::: phx-name +[Sec 10-518 Display Of Material Harmful To +Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-518_Display_Of_Material_Harmful_To_Minors){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following words, terms and phrases, when used in this section, + shall have the meanings ascribed to them in this subsection, except + where the context clearly indicates a different meaning:\ + *\ + A reasonable bona fide attempt* means an attempt to ascertain the + true age of the minor by requiring production of a driver\'s + license, marriage license, birth certificate or other governmental + or educational identification card or paper and not relying solely + on the oral allegations or apparent age of the minor.\ + *\ + Harmful to minors* means that quality of any description, + exhibition, presentation or representation, in whatever form, of + nudity, sexual conduct, sexual excitement, or sadomasochistic abuse + when the material or performance, taken as a whole, has the + following characteristics: + 1. The average person 18 years of age or older applying + contemporary community standards would find that the material or + performance has a predominant tendency to appeal to a prurient + interest in sex to minors; + 2. The average person 18 years of age or older applying + contemporary community standards would find that the material or + performance depicts or describes nudity, sexual conduct, sexual + excitement or sadomasochistic abuse in a manner that is patently + offensive to prevailing standards in the adult community with + respect to what is suitable for minors; and + 3. The material or performance lacks serious literary, scientific, + artistic, or political value for minors. + + *Knowingly* means having general knowledge of, or reason to know, or + a belief or ground for belief which warrants further inspection or + inquiry of both: + 1. The character and content of any material or performance which + is reasonably susceptible of examination by the defendant; and + 2. The age of the minor. However, a honest mistake shall constitute + an excuse from liability pursuant to this subsection if the + defendant made a reasonable bona fide attempt to ascertain the + true age of such minor. + + *Material* means any book, magazine, newspaper, pamphlet, poster, + print, picture, figure, image, description, motion picture film, + record, recording tape, or video tape, whether in its original form + or any digital format.\ + *\ + Minor* means any unmarried person under the age of 18 years.\ + *\ + Nudity* means the: + 1. Showing of the human male or female genitals, pubic area, or + buttocks with less than a full opaque covering; + 2. Showing of the female breast with less than a full opaque + covering of any portion of the female breast below the top of + the nipple; or + 3. Depiction of covered male genitals in a discernibly turgid + state. + + *Performance* means any motion picture, film, video tape, played + record, phonograph or tape, preview, trailer, play, show, skit, + dance or other exhibition performed or presented to or before an + audience of one or more, with or without consideration.\ + *\ + Person* means any individual, partnership, association, corporation, + or other legal entity of any kind.\ + *\ + Sexual conduct* means acts of masturbation, homosexuality, sexual + intercourse, or physical contact with a person\'s clothed or + unclothed genitals, pubic area, buttocks, or, if such person is a + female, breast.\ + *\ + Sexual excitement* means the condition of human male or female + genitals when in a state of sexual stimulation or arousal.\ + *\ + Sadomasochistic abuse* means flagellation or torture by or upon a + person clothed or naked or the condition of being fettered, bound or + otherwise physically restrained on the part of the one so clothed or + naked. +2. No person having custody, control or supervision of any commercial + establishment shall knowingly: + 1. Display material which is harmful to minors in such a way that + minors, as a part of the invited general public, will be exposed + to view such material; provided, however, a person shall be + deemed not to have displayed material harmful to minors if the + material is kept behind devices commonly known as \"binder + racks\" so that the lower two-thirds of the material is not + exposed to view; + 2. Sell, furnish, present, distribute, allow to view, or otherwise + disseminate to a minor, with or without consideration, any + material which is harmful to minors; or + 3. Present to a minor or participate in presenting to a minor, with + or without consideration, any performance which is harmful to a + minor. +3. Any person convicted of violating any provision of subsection (B) of + this section shall be guilty of a misdemeanor and, upon conviction, + shall be punished as set forth in section 1-108. Each day that a + violation of subsection (B) of this section occurs or continues + shall constitute a separate offense and shall be punishable as a + separate violation. Every act or transaction prohibited by + subsection (B) of this section shall constitute a separate offense + as to each item, issue or title involved and shall be punishable as + such. For the purpose of this section, multiple copies of the same + identical title, monthly issue, volume and number issue or other + such identical material shall constitute a single offense. + +(Code 1999, § 10-518; Ord. No. 36(92), 10-19-1992) + +**State Law reference**--- Material harmful to minors, 21 O.S. § 1040.76 +et seq. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[842(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333053_Ordinance%20No.%20842%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 10-519 Spray Paint Restrictions For +Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-519_Spray_Paint_Restrictions_For_Minors){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Definitions. The following words, terms and phrases, when used in + this section, shall have the meanings ascribed to them in this + subsection, except where the context clearly indicates a different + meaning:\ + *Minor* means any individual under the age of 18 years of age.\ + *Person* means any individual, firm, association, partnership or + corporation, selling or offering for sale any item prohibited by + this section. +2. Prohibited conduct. + 1. No person shall sell to any minor any aerosol container of paint + (spray paint) capable of defacing property unless such minor is + accompanied by a parent or a guardian; + 2. Any person selling or offering for sale any aerosol container of + paint shall require bona fide evidence of majority and identity. + Bona fide evidence of majority and identity shall be established + only by a document issued by a federal, state, county or + municipal government, including, but not limited to, a motor + vehicle operator\'s license, a registration certificate issued + under the federal Selective Service Act or an identification + card issued to a member of the armed forces; + 3. Proof that the defendant, or his employee or agent, demanded, + was shown and acted in reliance upon such bona fide evidence in + any sale transaction forbidden hereby shall be a defense to any + criminal prosecution therefor. +3. Any person who owns, manages or operates a place of business wherein + aerosol containers of paint capable of defacing property are sold + shall conspicuously post at the place of display of the containers + for sale and at the place of sale (cash register) a sign in letters + at least one-half inch in height, \"Spray Paint Shall Not Be Sold To + Minors.\" +4. Any person who has reached the age of majority who shall give, + trade, or otherwise provide to any minor any aerosol container of + paint used in the actual application of graffiti or defacement of + property shall be guilty of an offense and shall, upon conviction, + be punished as prescribed. +5. Any person convicted for an offense in violation of this section + shall, upon conviction, be punished as provided in section 1-108. + +(Code 1999, § 10-519; Ord. No. 72(94), 1-3-1994) + +
+ +::: phx-name +[CHAPTER 10-6 OFFENSES AGAINST PUBLIC +AUTHORITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-6_OFFENSES_AGAINST_PUBLIC_AUTHORITY){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 10-601 Escaping +Custody](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-601_Escaping_Custody){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-602 Conveying Instruments To Assist +Escape](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-602_Conveying_Instruments_To_Assist_Escape){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-603 Assisting Prisoner To +Escape](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-603_Assisting_Prisoner_To_Escape){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-604 Delivery Of Articles To Person In +Confinement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-604_Delivery_Of_Articles_To_Person_In_Confinement){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-605 Assaulting City +Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-605_Assaulting_City_Officer){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-606 Resisting A Police +Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-606_Resisting_A_Police_Officer){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-607 Obedience To Orders Of Police And +Firefighter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-607_Obedience_To_Orders_Of_Police_And_Firefighter){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-608 Eluding Police Officer By Motor +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-608_Eluding_Police_Officer_By_Motor_Vehicle){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-609 Use Of Siren Or +Whistle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-609_Use_Of_Siren_Or_Whistle){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-610 Impersonating A Police Officer Or Any City +Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-610_Impersonating_A_Police_Officer_Or_Any_City_Officer){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-611 False Statements, Reports Or +Complaints](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-611_False_Statements,_Reports_Or_Complaints){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-612 False +Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-612_False_Alarms){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-613 Removal Of +Barricades](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-613_Removal_Of_Barricades){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-614 Resisting Public +Officials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-614_Resisting_Public_Officials){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-615 Duties Of The Public At Fires, +Emergencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-615_Duties_Of_The_Public_At_Fires,_Emergencies){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-616 Tampering With Signs, +Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-616_Tampering_With_Signs,_Equipment){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-617 Interfering With Police Dog In Performing Functions Or +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-617_Interfering_With_Police_Dog_In_Performing_Functions_Or_Duties){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-618 Destroying, Tampering With +Evidence](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-618_Destroying,_Tampering_With_Evidence){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 10-601 Escaping +Custody](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-601_Escaping_Custody){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person lawfully in custody or confined in the city jail, before or +after conviction for any violation of the ordinances of the city, or +held in custody going to the city jail, or working upon the streets or +other public grounds of the city or in custody of any officer of the +city, shall break or attempt to break such city jail or custody, and +escape or attempt to escape therefrom. + +(Prior Code, § 16-125; Code 1999, § 10-601; Ord. No. 506, 2-5-1990) + +**State Law reference**--- Escapes, 21 O.S. § 444. + +
+ +::: phx-name +[Sec 10-602 Conveying Instruments To Assist +Escape](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-602_Conveying_Instruments_To_Assist_Escape){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall convey into the city jail any disguised instrument or +any thing proper or useful to facilitate the escape of any prisoner +lawfully committed to or detained in the city jail for any violation of +the city ordinances, for any criminal offense, or lawfully detained or +imprisoned therein, whether such escape is effected or attempted or not. + +(Code 1999, § 10-602) + +**State Law reference**--- Conveying instruments to assist escape, 21 +O.S. § 438. + +
+ +::: phx-name +[Sec 10-603 Assisting Prisoner To +Escape](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-603_Assisting_Prisoner_To_Escape){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall in any way aid, remove or assist any person to resist or +escape from custody of any police officer or from any lawful confinement +in the city. + +(Prior Code, § 16-124; Code 1999, § 10-603; Ord. No. 506, 2-5-1990) + +**State Law reference**--- Assisting prisoner to escape, 21 O.S. §§ 437, +441. + +
+ +::: phx-name +[Sec 10-604 Delivery Of Articles To Person In +Confinement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-604_Delivery_Of_Articles_To_Person_In_Confinement){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall deliver any article or thing to any person under arrest +without the consent of the officer having charge and custody of the +prisoner. + +(Code 1999, § 10-604; Ord. No. 506, 2-5-1990) + +
+ +::: phx-name +[Sec 10-605 Assaulting City +Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-605_Assaulting_City_Officer){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall knowingly assault, batter, or assault and batter any +city officer or official while in the performance of their duties. + +(Code 1999, § 10-605; Ord. No. 505, 2-5-1990) + +**State Law reference**--- Assaulting law officer, 21 O.S. §§ 649, 650. + +
+ +::: phx-name +[Sec 10-606 Resisting A Police +Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-606_Resisting_A_Police_Officer){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful to resist, oppose or assault, prevent, fail to + cooperate with or in any way interfere with a police officer or any + person duly authorized to act as such, while the officer or person + is discharging or attempting to discharge his official duties within + the limits of the city. +2. It is unlawful for any person to warn or signal another so as to + assist such other person to flee, escape or evade an officer seeking + to make an arrest or for any person to bar or lock any door or + barrier in the face of or in front of an approaching officer. +3. Resisting an officer is the intentional opposition or resistance to, + or obstruction of, an individual acting in his official capacity, + and authorized by law to make a lawful arrest or seizure of + property, or to serve any lawful process or court order, when the + offender knows or has reason to know that the person arresting, + seizing property, or serving process is acting in his official + capacity. +4. The term \"obstruction of\" shall, in addition to their common + meaning, include: + 1. Flight by one sought to be arrested before the arresting officer + can restrain him and after notice is given that he is under + arrest; + 2. Any violence toward or any resistance or opposition to the + arresting officer after the arrested party is actually placed + under arrest and before he is under arrest; or + 3. Refusal by the arrested party to give his name and make his + identity known to the arresting officer. + +(Prior Code, § 16-122; Code 1999, § 10-606; Ord. No. 506, 2-5-1990) + +
+ +::: phx-name +[Sec 10-607 Obedience To Orders Of Police And +Firefighter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-607_Obedience_To_Orders_Of_Police_And_Firefighter){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall fail to heed a reasonable order of a police officer or +firefighter while such officer is in the discharge of an official duty +in maintaining the public safety or welfare. + +(Code 1999, § 10-608) + +
+ +::: phx-name +[Sec 10-608 Eluding Police Officer By Motor +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-608_Eluding_Police_Officer_By_Motor_Vehicle){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No operator of a motor vehicle who has received a visual or audible +signal, a red light or a siren from a police officer driving a motor +vehicle, showing the same to be an official police, sheriff or highway +patrol car directing the operator to bring his vehicle to a stop, shall +willfully increase his speed or extinguish his lights to elude or +attempt to elude such police officer, or attempt in any other manner to +elude the police officer. + +(Code 1999, § 10-609) + +**State Law reference**--- Eluding police officer, 21 O.S. § 540A. + +
+ +::: phx-name +[Sec 10-609 Use Of Siren Or +Whistle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-609_Use_Of_Siren_Or_Whistle){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall use any police whistle or any other instrument used + by a police officer to give signals to each other, or imitate any + signal given by one police officer to another or any special signal + used by police officers, for the purpose of improperly or + causelessly attracting the attention of the police. +2. No person, except members of police department, fire department or + ambulance services, shall ring, use or otherwise sound any siren or + any other device for making similar noise. + +(Code 1999, § 10-610) + +
+ +::: phx-name +[Sec 10-610 Impersonating A Police Officer Or Any City +Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-610_Impersonating_A_Police_Officer_Or_Any_City_Officer){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person, other than police officers of the city, shall wear or + carry the uniform, apparel, badge, identification card or any other + insignia of office like or similar to, or a colorable imitation of + that adopted and worn or carried by the police officers of the city. +2. No person shall do or attempt any act to impersonate a police + officer. +3. It is unlawful to falsely impersonate any officer or employee of the + city, or falsely represent himself to be an officer or employee of + the city, by any kind of representation, pretense, insignia, sound, + clothing or conduct, or exercise or attempt to exercise any of the + duties, functions or powers of an officer or employee of the city + without being authorized to do so. + +(Prior Code, § 16-126; Code 1999, § 10-611; Ord. No. 506, 2-5-1990) + +**State Law reference**--- Impersonating public officers, 21 O.S. §§ +263, 264, 1533. + +
+ +::: phx-name +[Sec 10-611 False Statements, Reports Or +Complaints](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-611_False_Statements,_Reports_Or_Complaints){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall knowingly make or file or cause to be made or filed + a false or misleading report or misrepresentation, allegation or + complaint with the police department or any officer or employee of + the city, or on any official application or to commit perjury before + any tribunal of the city. +2. No person shall willfully and without probable cause make a false + report to any person of any crime, violation of the city\'s + ordinances, or circumstances indicating the possibility of crime or + violation having been committed, including, but not limited to, the + unlawful taking of personal property, which report causes or + encourages the exercise of police or other official action or + investigation. + +(Code 1999, § 10-612) + +
+ +::: phx-name +[Sec 10-612 False +Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-612_False_Alarms){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to turn in a false alarm of any nature or +in any manner to deceive or attempt to deceive the fire department, +police department or any other emergency personnel, or summon any +officer or employee thereof with reference to any fire alarm or reported +fire, accident or other emergency or knowingly to cause the fire +department or police department or its officers or employees to make a +useless or unnecessary run to any part of the city or outside the city. + +(Prior Code, § 9-1; Code 1999, § 10-613; Ord. No. 506, 2-5-1990) + +**State Law reference**--- False fire alarms, 21 O.S. § 1851. + +
+ +::: phx-name +[Sec 10-613 Removal Of +Barricades](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-613_Removal_Of_Barricades){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person, except by proper authority, to remove any +barricade or obstruction placed by authority of the city to keep traffic +off any pavement, street, curb, sidewalk or other area. + +(Code 1999, § 10-614; Ord. No. 506, 2-5-1990) + +
+ +::: phx-name +[Sec 10-614 Resisting Public +Officials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-614_Resisting_Public_Officials){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person knowingly or willfully to: + +1. Resist, oppose or obstruct the chief of police, any other police + officer, the municipal judge, or any other officer or employee of + the city in the discharge of his official duties; +2. Obstruct, threaten or otherwise intimidate or attempt to intimidate + any officer or employee from the discharge of his official duties; + or +3. Assault or beat, or revile, abuse, be disrespectful to, or use + abusive or indecent language toward or about, any such officer or + employee while such officer or employee is in the discharge of his + official duties. + +(Code 1999, § 10-615; Ord. No. 506, 2-5-1990, in part) + +
+ +::: phx-name +[Sec 10-615 Duties Of The Public At Fires, +Emergencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-615_Duties_Of_The_Public_At_Fires,_Emergencies){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All persons at fires or other emergencies or accidents shall conduct + themselves in an orderly and lawful manner and to assist in + maintaining law and order. +2. No person at or near any fire or emergency shall conduct himself in + a disorderly manner or neglect or refuse to promptly obey any order + of the fire chief or his assistants relative to such fire; and no + person shall resist, obstruct, hinder or abuse any officer of the + fire department or any firefighter in the proper discharge of his + duty. +3. Every police officer present at a fire shall keep back all persons + who are in the way or impeding the work of the fire department, and + so far as possible protect all property from loss or injury, and + cooperate with and assist the fire department in every way possible + while at the fire. The fire chief or an assistant fire chief or any + police officer shall have the power to designate persons to guard + any goods. +4. No person shall follow or block the way of any emergency vehicle + engaged in emergency run, or knowingly interfere with officers at + the location of any fire or emergency. + +(Code 1999, § 10-616; Ord. No. 506, 2-5-1990, in part) + +**State Law reference**--- Interfering with firefighters, 21 O.S. § +1217. + +
+ +::: phx-name +[Sec 10-616 Tampering With Signs, +Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-616_Tampering_With_Signs,_Equipment){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to tamper with any signs, signal equipment +or other device placed, operated and maintained by the city in +connection with the administration of its code provisions, ordinances, +regulations, services, functions or performance of duties thereto. + +(Code 1999, § 10-617; Ord. No. 506, 2-5-1990) + +
+ +::: phx-name +[Sec 10-617 Interfering With Police Dog In Performing Functions Or +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-617_Interfering_With_Police_Dog_In_Performing_Functions_Or_Duties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful and an offense for any person to interfere with, tease, +meddle with, throw objects at or toward, torture, torment, injure, beat, +strike, kick, mutilate, disable or kill any dog used by the police +department of the city, or any member thereof, in the performance of the +functions or duties of the department. + +(Prior Code, § 16-131; Code 1999, § 10-618) + +**State Law reference**--- Crimes against police dogs, 21 O.S. § 649.2. + +
+ +::: phx-name +[Sec 10-618 Destroying, Tampering With +Evidence](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-618_Destroying,_Tampering_With_Evidence){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful to destroy, alter, conceal or disguise physical evidence, +plant false evidence or furnish false information to an officer which +impedes that or another officer in the performance of his duties, or +which is intended to prevent the apprehension or to obstruct the +prosecution or defense of any person. + +(Code 1999, § 10-619; Ord. No. 506, 2-5-1990) + +
+ +::: phx-name +[CHAPTER 10-7 GANG-RELATED +ACTIVITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-7_GANG-RELATED_ACTIVITIES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 10-701 Prohibition Of Gang-Related Criminal +Activity](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-701_Prohibition_Of_Gang-Related_Criminal_Activity){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-702 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-702_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-703 +Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-703_Offense){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-704 Buildings Or Place Used By Gang Members As +Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-704_Buildings_Or_Place_Used_By_Gang_Members_As_Nuisance){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Gang-related offenses, 21 O.S. § 856.3.\ + +
+ +::: phx-name +[Sec 10-701 Prohibition Of Gang-Related Criminal +Activity](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-701_Prohibition_Of_Gang-Related_Criminal_Activity){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city declares that the city is in the early stages of a crisis, +which has been caused by violent street gangs whose members threaten, +terrorize and commit a multitude of crimes against the peaceful citizens +of this community. These criminal activities, both individually and +collectively, present a clear and present danger to public order and +safety and are not constitutionally protected activities. It is the +intent of the city council to prohibit, reduce, and eradicate criminal +activity by street gangs by focusing upon patterns of criminal activity +and upon the organized nature of street gangs, which together are the +chief source of terror created by street gangs. + +(Code 1999, § 10-701; Ord. No. 7(91), 12-16-1991) + +
+ +::: phx-name +[Sec 10-702 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-702_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Criminal street gang* means any ongoing organization, association, or +group of three or more persons, whether formal or informal, which has as +one of its primary activities the commission of one or more of the +criminal acts enumerated in this section as part of the definition for +the term \"pattern of criminal street gang activity\" or which has a +common name or common identifying sign, color or symbol, whose members +individually or collectively engage in or have engaged in a pattern of +criminal gang activity. + +\"*Pattern of criminal street gang activity*\" of two or more of the +commission, attempted commission, or solicitation, provided at least one +of the offenses occurred after the enactment of this chapter and at +least one offense occurred following Code offenses by any members of a +criminal gang, on separate occasions within a three-year period, for the +purpose of furthering gang activity: + + ----------------------------------- ----------------------------------- + Offense\ Relevant Code Provision\ + + Assault and battery\ 10-201\ + + Reckless conduct\ 10-204(B)\ + + Petit larceny\ 10-301\ + + Possession of stolen property\ 10-304\ + + Defacing building, damaging 10-310 + property\ + + Damaging private property\ 10-312 + + Damaging or tampering with motor 10-314 + vehicle\ + + Throwing or shooting at persons or 10-320 + property\ + + Possession of marijuana and drug 10-502 and 10-503\ + paraphernalia\ + + Disorderly house\ 10-510 + + Prostitution\ 10-513 + + Offenses near schools\ 10-514 + ----------------------------------- ----------------------------------- + +*Youthful and street gang member* means a person who engages in a +pattern of youth and street gang activity and meets two or more of the +following criteria: + +1. Admits to gang membership; +2. Is a youth under the age of 21 years who is identified as a gang + member by a parent or guardian; +3. Is identified as a gang member by a documented reliable informant; +4. Resides in or frequents a particular gang\'s area and adopts their + style of dress, their use of hand signs, or their tattoos, and + associates with known gang members; +5. Is identified as a gang member by an informant of previously + untested reliability and such identification is corroborated by + independent information; +6. Has been arrested more than once in the company of identified gang + members for offenses which are consistent with usual gang activity; +7. Is identified as a gang member by physical evidence, such as + photographs or other documentation; and +8. Has been stopped in the company of known gang members four or more + times. + +(Code 1999, § 10-702; Ord. No. 7(91), 12-16-1991) + +
+ +::: phx-name +[Sec 10-703 +Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-703_Offense){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any criminal street gang member or youth street gang member convicted of +the foregoing violations while in furtherance of a pattern of criminal +gang activity shall be punished as provided in section 1-108. + +(Code 1999, § 10-703; Ord. No. 7(91), 12-16-1991) + +
+ +::: phx-name +[Sec 10-704 Buildings Or Place Used By Gang Members As +Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-704_Buildings_Or_Place_Used_By_Gang_Members_As_Nuisance){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every building or place used by members of a criminal street gang or +youth street gang for the purpose of the commission of the offenses +listed in section 10-702 or any offense involving dangerous or deadly +weapons, burglary, rape or narcotic trafficking and every building or +place wherein or upon which that criminal conduct by gang members takes +place is a nuisance which shall be enjoined, abated, and prevented as +provided in part 8, chapter 1, whether it is a public or private +nuisance. Injunctions requested pursuant to this provision shall be +limited to those necessary to protest the health and safety of the +residents or the public or those necessary to prevent further criminal +activity. No nonprofit or charitable organization which is conducting +its affairs with ordinary care and skill, and no governmental entity, +shall be abated pursuant to this section. Nothing in this chapter or in +part 8, chapter 1 shall preclude any aggrieved person from seeking any +other remedy provided by law. + +(Code 1999, § 10-704; Ord. No. 7(91), 12-16-1991) + +
+ +::: phx-name +[CHAPTER 10-8 JUVENILE +OFFENSES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-8_JUVENILE_OFFENSES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 10-801 Jurisdiction Of Juvenile +Offenders](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-801_Jurisdiction_Of_Juvenile_Offenders){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-802 +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-802_Exceptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-803 Failure To Comply With Written Promise To Appear With +Juvenile](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-803_Failure_To_Comply_With_Written_Promise_To_Appear_With_Juvenile){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-804 Parental Responsibility For Juvenile Court +Fines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-804_Parental_Responsibility_For_Juvenile_Court_Fines){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-805 General And Specific +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-805_General_And_Specific_Penalties){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-806 +Truancy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-806_Truancy){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-807 Skateboarding +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-807_Skateboarding_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 10-808 Runaway +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-808_Runaway_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 10-801 Jurisdiction Of Juvenile +Offenders](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-801_Jurisdiction_Of_Juvenile_Offenders){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city municipal court may assume jurisdiction of juvenile offenders, +unless otherwise excepted from the jurisdiction of the municipal court, +who have been charged with a violation of a municipal ordinance, and +which relate to at least one of the following offenses:\ + + ----------------------------------- ----------------------------------- + Assault\ 10-202 + + Battery\ 10-203 + + Curfew violation\ 10-505 + + Disorderly conduct\ 10-403 + + Petty larceny and larceny of lost 10-301 + property\ + + Damaging private property\ 10-312 + + Disturbing the peace\ 10-401 + + Public intoxication\ 10-501 + + Possession of marijuana\ 10-502 + + Possession of drug paraphernalia\ 10-503 + + Transportation of low-point beer in 3-210 + a moving vehicle\ + + Minors in possession of low-point 3-211 + beer, prohibited while in public\ + + Minors in possession of 3-109 + intoxicating beverages in public + prohibited\ + + Possession of tobacco products\ 10-517 + + Graffiti\ 8-1001 to 8-1008\ + + Failure to appear\ 6-115 + + Attempt to commit an offense\ 10-101 + + Trespassing prohibited\ 10-317 + + Noise\ 10-411 to 10-416\ + + Offenses near schools\ 10-514 + + Assaulting city officer\ 10-605 + + Resisting a police officer\ 10-606 + + Fireworks prohibited\ 10-328 + + Littering prohibited\ 10-322 + + Skateboarding prohibited\ 10-807 + + Attempting to elude a police 10-608 + officer\ + + Mandatory school attendance\ 10-806 + + Harmful deception\ 10-309 + + Harassing phone calls\ 10-509 + ----------------------------------- ----------------------------------- + +(Code 1999, § 10-800; Ord. No. 337(01), 10-15-2001; Ord. No. 381(02), +10-7-2002; Ord. No. 444(04), 2-1-2004)\ + +
+ +::: phx-name +[Sec 10-802 +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-802_Exceptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The municipal court for the city will decline jurisdiction of + offenders, known to the court, who are presently under the + supervision or treatment of the district court system and/or have + charges pending there or elsewhere in the state. +2. The municipal court of the city, to the best of its knowledge, will + decline jurisdiction of offenders who have previously been certified + as an adult for any purpose, pursuant to 10A O.S. § 2-5-205. + +(Code 1999, § 10-801; Ord. No. 337(01), 10-15-2001) + +
+ +::: phx-name +[Sec 10-803 Failure To Comply With Written Promise To Appear With +Juvenile](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-803_Failure_To_Comply_With_Written_Promise_To_Appear_With_Juvenile){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person who fails to voluntarily appear before the court with a +juvenile defendant on the appointed date and time, regardless of the +disposition of the charge for which the citation was originally issued +to the juvenile defendant, after having such juvenile defendant released +to his care and control and pursuant to a signed promise to appear with +the juvenile shall be guilty of an offense. + +(Code 1999, § 10-802; Ord. No. 337(01), 10-15-2001) + +
+ +::: phx-name +[Sec 10-804 Parental Responsibility For Juvenile Court +Fines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-804_Parental_Responsibility_For_Juvenile_Court_Fines){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person who is a parent, legal guardian, or legal custodian of a +juvenile defendant shall assure the municipal court that any fines +assessed against the juvenile shall be promptly paid. If fines assessed +against a juvenile in juvenile court remain unpaid after 90 days, the +fines, along with administrative fees and court costs, shall be assessed +against the parent, legal guardian, or legal custodian. Any person who +fails to remit the assessed amount within 15 days from issuance of a +summons shall be guilty of an offense. + +(Code 1999, § 10-803; Ord. No. 337(01), 10-15-2001) + +
+ +::: phx-name +[Sec 10-805 General And Specific +Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-805_General_And_Specific_Penalties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any juvenile convicted of violating the ordinances enumerated in + section 10-800, where no specific penalty is provided therefor, + shall be punished pursuant to section 1-108. +2. Any juvenile convicted of violating section 10-517 shall be punished + by a fine for a first offense, not exceeding \$50.00, and for a + second and subsequent offense by a fine not exceeding \$100.00. +3. The following specific offenses, unless otherwise provided in this + Code, shall be punished by a fine not exceeding \$500.00. + 1. Possession of marijuana or other controlled substance; + possession of drug paraphernalia + 2. Graffiti. + 3. Battery of an officer. + 4. Eluding a police officer. + +(Code 1999, § 10-806; Ord. No. 377(02), 8-19-2002) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[819(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327416_Ordinance%20No.%20819%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 4/18/2016\ +* +::: + +
+ +::: phx-name +[Sec 10-806 +Truancy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-806_Truancy){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It shall be unlawful for a parent, guardian, or other person having + custody of a child who is over the age of five years and under the + age of 18 years to neglect or refuse to cause or compel such child + to attend and comply with the rules of some public, private or other + school. +2. It shall be unlawful for any child who is over the age of 12 and + under the age of 18 years, and who has not finished four years of + high school work, to neglect or refuse to attend and comply with the + rules of some public, private or other school, or receive an + education by other means for the full term the schools of the + district are in session, provided that this section shall not apply + if any such child: + 1. Is prevented from attending school by reason of mental or + physical ability, to be determined by the board of education of + the district upon a certificate of the school physician or + public health physician or, if no such physician is available, a + duly licensed and practicing physician; + 2. Is excused from attendance at school, due to an emergency, by + the principal teacher of the school in which the child is + enrolled, at the request of the parent, guardian, custodian or + other person having control of such child; + 3. Who has attained his 16th birthday is excused from attending + school by the school administrator of the school district where + the child attends school, and the parent, guardian or custodian + of the child, provided that no such child shall be excused from + attending school by such joint agreement between a school + administrator and the parent, guardian or custodian of the child + unless and until it has been determined that such action is for + the best interest of the child and/or the community, and that + such child shall thereafter be under the supervision of the + parent, guardian or custodian until the child has reached the + age of 18 years. +3. Any parent, guardian, custodian, child or other person violating any + of the provision of this section, upon conviction, shall be guilty + of a misdemeanor, and shall be punished by a fine not exceeding that + allowed by law. Each day the child remains out of school after the + oral and documented or written warning has been given to the parent, + guardian, custodian, child or other person or the child has been + ordered to school by the juvenile court, may constitute a separate + offense. At the trial of any person charged with violating the + provisions of this section, the attendance records of the child, or + ward, may be presented in court by any authorized employee of the + school or the school resource officer. + +(Code 1999, § 10-807; Ord. No. 379(02)-B, 10-7-2002; Ord. No. 437(03), +12-15-2003) + +
+ +::: phx-name +[Sec 10-807 Skateboarding +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-807_Skateboarding_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person riding in or on, or by means of any +skateboard, roller skates, roller blades, coaster, or similar device to +go in or on the following prohibited areas: + +1. Any private property open to the public which is specifically + hereinafter listed, provided the area is clearly and conspicuously + posted with signs stating \"Skating and Skateboarding Prohibited + (Moore Code Section 10-807).\" + 1. On walls, steps, or railings of a shopping center, business, or + nonprofit establishment. + 2. Parking lots of a shopping center, business, or nonprofit + establishment. + 3. Driveways of a shopping center, business, or nonprofit + establishment. + 4. Sidewalks and pedestrian ways within a shopping center, + business, or nonprofit establishment. +2. Walls, steps, railings, driveways, or parking lots on public + property (public schools), provided the area is clearly and + conspicuously posted with signs stating \"Skating and Skateboarding + Prohibited (Moore Code Section 10-807).\" + +(Code 1999, § 10-808; Ord. No. 380(02), 10-7-2002) + +
+ +::: phx-name +[Sec 10-808 Runaway +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-808_Runaway_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A runaway shall be defined as any unemancipated minor who has been + reported to law enforcement as being voluntarily absent from the + home without a compelling reason, without the consent of a custodial + parent or other custodial adult and without the parent or other + custodial adult\'s knowledge as to the child\'s whereabouts. +2. Compelling reason means imminent danger from incest, a + life-threatening situation, or equally traumatizing circumstance. +3. It shall be unlawful and an offense to be a runaway. +4. It shall be the responsibility of the custodial parent or other + custodial adult to notify the appropriate law enforcement agency of + the runaway status. +5. If the court deems it to be in the best interest of the child, a + minor cited as a runaway shall be referred to social services for + counseling. + +(Code 1999, § 10-809; Ord. No. 472(04), § 1, 8-16-2004) + +
+ +::: {.phx-name .phx-break} +[PART 11 PARKS, RECREATION AND +CEMETERY](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_11_PARKS,_RECREATION_AND_CEMETERY){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 11-1 PARKS AND +RECREATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-1_PARKS_AND_RECREATION){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 11-2 +LIBRARY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-2_LIBRARY){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 11-3 +CEMETERY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-3_CEMETERY){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[CHAPTER 11-1 PARKS AND +RECREATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-1_PARKS_AND_RECREATION){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 11-1A GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1A_GENERAL_PROVISIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 11-1B RULES AND +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1B_RULES_AND_REGULATIONS){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Parks and recreation, 11 O.S. § 33-101 et +seq.\ + +
+ +::: phx-name +[ARTICLE 11-1A GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1A_GENERAL_PROVISIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 11-101 Park Board +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-101_Park_Board_Created){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-102 Organization And +Procedures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-102_Organization_And_Procedures){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-103 Power And +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-103_Power_And_Duties){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-104 +Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-104_Compensation){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 11-101 Park Board +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-101_Park_Board_Created){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A park board consisting of seven members shall be appointed by the + city council for three-year terms, with at least one member + appointed from each ward. In the initial creation of the board, two + members shall be appointed for one year; two members shall be + appointed for two years; and three members shall be appointed for + three years. . All current members, if reappointed, may serve two + additional three (3) year terms or until July 31, 2027. New members + appointed after the effective date of this ordinance shall be + limited to three consecutive three year terms. Former members of the + park board shall be eligible for reappointment after the expiration + of one three year term. Appointment to the park board to fill an + unexpired term shall not be considered as a full term. The city + manager or his designee shall be an ex officio member of the board, + shall advise and consult with the board, but shall have no vote on + matters coming before the board. +2. Vacancies in the park board shall be filled as in the original + instance by the city council for the unexpired term. If a member + ceases to be a resident of the city, his term shall automatically + terminate. +3. The office of any member of the park board who shall not attend + meetings of the board of three successive meetings after having been + notified in writing thereof, without reason satisfactory to the city + council, shall be declared by the city council to be vacant. + +(Prior Code, § 17-16; Code 1999, § 11-101; Ord. No. 52(93), 3-1993; Ord. +No. 171(96), 10-7-1994) + +::: phx-docs +HISTORY\ +*Approved by Ord. +[994(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1637096326_994.21.pdf){.k-link +target="_blank" style="color:#0000EE"} on 11/15/2021\ +* +::: + +
+ +::: phx-name +[Sec 11-102 Organization And +Procedures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-102_Organization_And_Procedures){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The park board shall elect from its membership a chairman, vice-chairman +and secretary for terms of one year. Such elections shall be held at the +time of the board\'s annual meeting each year, which shall be in +November. The board shall adopt and modify from time to time as needed +rules, bylaws and administrative procedures for the orderly transaction +of its business. Such rules, bylaws or procedures shall be filed with +the city clerk. The park board shall establish the time, place and +frequency of its meetings for the following calendar year at the annual +meeting and cause same to be filed in compliance with the Oklahoma Open +Meeting Act. + +(Prior Code, § 17-16; Code 1999, § 11-102; Ord. No. 52(93), 3-1993; Ord. +No. 171(96), 10-7-1994) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 11-103 Power And +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-103_Power_And_Duties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The park board shall act as an advisory board to the city council + with reference to city parks and recreation facilities within the + city. The board shall make recommendations with reference to the + operation of the city parks and recreation facilities and + recommendations as to rules and regulations concerning the use of + the parks and recreation facilities by the public. The board shall + also make recommendations to the city council with reference to the + beautification and improvement of the parks and recreation + facilities. +2. The board shall make recommendations to the city council with regard + to planning for future development of the parks, and the safety of + the public in general in enjoying and using the parks and recreation + facilities as it deems necessary. +3. The park board shall make recommendations, as it deems appropriate, + for the overall physical development and improvement of the parks + and recreation facilities of the city. It may consult any and all + civic organizations, clubs or associations desiring to contribute to + or make improvements to the parks and recreation facilities of the + city. + +(Prior Code, § 17-16; Code 1999, § 11-103; Ord. No. 52(93), 3-1993; Ord. +No. 171(96), 10-7-1994) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 11-104 +Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-104_Compensation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The park board shall serve without pay. The necessary expenses incurred +by such board shall be paid from the city treasury as other legal +expenses of city government. No expenses shall be incurred by the board +without prior approval of the city council. + +(Prior Code, § 17-16; Code 1999, § 11-104; Ord. No. 52(93), 3-1993; Ord. +No. 171(96), 10-7-1994) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[ARTICLE 11-1B RULES AND +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1B_RULES_AND_REGULATIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 11-112 Motorized +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-112_Motorized_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-113 Closing Hours For +Parks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-113_Closing_Hours_For_Parks){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-114 Glass Containers +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-114_Glass_Containers_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-115 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-115_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-116 Prohibiting Animals From City +Parks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-116_Prohibiting_Animals_From_City_Parks){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-117 Swimming Prohibited In City Park, Property Owned Or +Maintained By +City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-117_Swimming_Prohibited_In_City_Park,_Property_Owned_Or_Maintained_By_City){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-118 Development Restrictions For Parkland Located In Section 24, +Township 10 North, Range 3 West Of The I.M., Moore, Cleveland County, +Oklahoma](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-118_Development_Restrictions_For_Parkland_Located_In_Section_24,_Township_10_North,_Range_3_West_Of_The_I.M.,_Moore,_Cleveland_County,_Oklahoma){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 11-112 Motorized +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-112_Motorized_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No motorized vehicle shall be permitted in any park except: + +1. Vehicles operated by the city or under contract to the city; +2. Vehicles entering, exiting or being parked or stored, where part is + designed and maintained for entrance, exit, parking or storage of + motorized vehicles. + +(Prior Code, § 17-1; Code 1999, § 11-112) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 11-113 Closing Hours For +Parks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-113_Closing_Hours_For_Parks){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All city parks shall be closed to the public at 12:01 a.m. and + remained closed until 6:00 a.m. each day unless otherwise + designated; provided, however, that for programs or events sponsored + or approved by the city, or for which a city permit has been issued, + the hours of peroration may be extended during any such program or + event and for a period of 60 minutes following the conclusion of + such program or event. +2. Little River Park shall be closed to the public at 10:00 p.m. until + 6:00 a.m. each day. The grounds of Central Park shall be closed to + the public at 12:00 midnight until 5:00 a.m. each day. +3. Signs stating park hours will be posted prominently in each park. +4. Any person found in violation of this section shall be subject to + punishment as provided in section 1-108. + +(Prior Code, § 17-2; Code 1999, § 11-113; Ord. No. 87(94), 7-18-1994) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 11-114 Glass Containers +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-114_Glass_Containers_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful and an offense for any person to take or carry glass +bottles, jars or containers into any city park. With the exception of +the Fourth of July celebration where wine tasting and sales are +permitted by proper licensing. + +(Code 1999, § 11-114; Ord. No. 411, 8-4-1986) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 11-115 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-115_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful of any person to use any recreational facilities owned or +operated by the city without having complied with the rules and +regulations promulgated by the city in connection therewith. Any +violation of rules and regulations, or failure to comply with such, +shall be guilty of an offense. + +(Prior Code, § 17-3; Code 1999, § 11-115) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 11-116 Prohibiting Animals From City +Parks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-116_Prohibiting_Animals_From_City_Parks){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Subject to 7 O.S. § 19.1: + 1. No animals shall be permitted within posted areas of any and all + athletic fields owned by the city during times of competition. + Times of competition shall include a reasonable time prior to + and following completion of any competition. + 2. Animals shall not be permitted within the Buck Thomas Park + during the time scheduled for the annual Fourth of July + celebration, unless the animal is the main attraction of any + booth or amusement ride, including, but not limited to, pony + rides. + 3. In addition, animals shall not be permitted within Buck Thomas + Park, or any other park, in any area and time as designated and + posted by the parks and recreation department, with the + exception of the any area of a park designated as a dog park. +2. Any person found to be in violation of this section shall be + punished as authorized by section 1-108. + +(Code 1999, § 11-116; Ord. No. 515(05), 8-15-2005) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 11-117 Swimming Prohibited In City Park, Property Owned Or +Maintained By +City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-117_Swimming_Prohibited_In_City_Park,_Property_Owned_Or_Maintained_By_City){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall be allowed to swim, bath, dive or wade in any of the + following areas owned or maintained by the city: city park, pond, + retention pond, creek, stream, brook or drainage ditch, except in + city-operated municipal swimming pools or unless specifically + authorized by special permit approved by the city manager. +2. It is unlawful for a parent of a child (under 18 years of age) or + the guardian of a ward to knowingly permit, or by inefficient + control to allow, such child to violate subsection (A) of this + section under circumstances not constituting an exception. +3. The term \"knowingly\" includes knowledge which a parent, or legal + guardian, should reasonably be expected to have concerning the + whereabouts of a child in that parent\'s or person\'s custody. +4. Any person found in violation of this section shall be subject to + punishment as provided in section 1-108. + +(Code 1999, § 11-117; Ord. No. 588(07), 5-21-2007) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 11-118 Development Restrictions For Parkland Located In Section 24, +Township 10 North, Range 3 West Of The I.M., Moore, Cleveland County, +Oklahoma](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-118_Development_Restrictions_For_Parkland_Located_In_Section_24,_Township_10_North,_Range_3_West_Of_The_I.M.,_Moore,_Cleveland_County,_Oklahoma){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A. The City of Moore shall own and maintain a park or open space +complying with all development restrictions set forth in this Section. +The legal description of said park or open space is a follows:\ + +Tract 1: The North 350.00 feet of the West Half of the Southeast Quarter +(W/2 SE/4), Section 24, Township 10 North, Range 3 West, of the I.M., +Moore, Cleveland County, Oklahoma, being more particularly described as +follows: Beginning at the Northwest Corner of said West Half of the +Southeast Quarter (W/2 SE/4); thence S. 89° 29' 48" E. on the North line +of said West Half of the Southeast Quarter (W/2 SE/4) for a distance of +1,308.12 feet to the Northeast Corner of the West Half of the Southeast +Quarter (W/2 SE/4), said line also being on the South line of Block 15, +J. D. Estates, an addition to Moore, Oklahoma; thence S. 00° 17' 34" W. +on the East line of said West Half of the Southeast Quarter (W/2 SE/4) +for a distance of 350.00 feet; thence N. 89° 29' 48" W. and parallel +with the North line of said West Half of the Southeast Quarter (W/2 +SE/4) for a distance of 1,307.53 feet to a point on the West line of +said West Half of the Southeast Quarter (W/2 SE/4), said point also +being on the East line of Lot A, Block 3, Suntree Park, an Addition to +Moore, Oklahoma; thence N. 00° 11' 45" E. and on the West line of said +West half of the Southeast Quarter (W/2 SE/4) and on the East line of +said Suntree Park Addition for a distance of 350.00 feet, the point of +place and beginning, and containing 10.51 acres, more or less; and\ + +Tract 2: Lot Two (2) in Block Twenty-Nine (29), of Eastmoor Addition, +Blocks 19 thru 29, inclusive, an Addition to Moore, Cleveland County, +Oklahoma, according to the recorded plat thereof; and Tract 3: Lot One +(1), Block Twenty-nine (29), in Eastmoor Addition to the City of Moore, +Cleveland County, Oklahoma, according to the recorded plat thereof; and +Tract 4: Lots One (1) through Four (4), Block Fifteen (15), in J-D +Estates, an Addition to the City of Moore, Cleveland County, Oklahoma, +according to the recorded plat thereof.\ + +B. The park or open space as described in subsection A of this Section +shall be used only as an open greenspace or park area. All other uses of +the property, including but not limited to those listed below, are +prohibited: + +1\. Water Wells; + +2\. Swimming Pools; + +3\. Storm Shelters; and + +4\. Splash Pads. + +C. No soil excavation shall occur at the park or open space as described +in the subsection A of this Section that extends beyond five (5) feet +below ground surface. + +\ + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[1012.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1012.22.pdf){.k-link +target="_blank" style="color:#0000EE"} on 7/18/2022\ +* +::: + +
+ +::: phx-name +[CHAPTER 11-2 +LIBRARY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-2_LIBRARY){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 11-201 Library Board +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-201_Library_Board_Created){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-202 Powers And +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-202_Powers_And_Duties){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-203 Rules And +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-203_Rules_And_Regulations){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Municipal libraries, 11 O.S. § 31-101 et +seq.\ + +
+ +::: phx-name +[Sec 11-201 Library Board +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-201_Library_Board_Created){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby created a library board which shall be composed of five +members, to be appointed by the council to serve without compensation +for staggered terms of three years. The city manager shall be an +ex-officio member of the board, shall advise and consult with the board, +but shall have no vote on matters coming before the board. + +(Prior Code, § 13-16; Code 1999, § 11-201) + +
+ +::: phx-name +[Sec 11-202 Powers And +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-202_Powers_And_Duties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The powers and duties of the library board shall be those set out and +contained in 11 O.S. §§ 31-101, 31-102, 31-104---31-108, and as may be +further established from time to time. + +(Prior Code, § 13-17; Code 1999, § 11-202) + +
+ +::: phx-name +[Sec 11-203 Rules And +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-203_Rules_And_Regulations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The library board shall elect a chairman, vice-chairman and secretary +from among their members to serve for terms of one year, and shall make +rules for the regulation of business of the board. A copy of such rules +shall be filed with the city clerk and shall govern, among other thing, +the time, place and frequency of meetings and any matter not +inconsistent with any provision of this chapter. + +(Prior Code, § 13-18; Code 1999, § 11-203) + +
+ +::: phx-name +[CHAPTER 11-3 +CEMETERY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-3_CEMETERY){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 11-301 Cemeteries +Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-301_Cemeteries_Established){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-302 Cemetery Care +Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-302_Cemetery_Care_Fund){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-303 Expenditure And +Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-303_Expenditure_And_Control){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-304 Prices Of +Lots](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-304_Prices_Of_Lots){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-305 Deeds To +Lots](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-305_Deeds_To_Lots){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-306 Fees For Setting Monuments And Grave +Staking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-306_Fees_For_Setting_Monuments_And_Grave_Staking){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-307 No Action To Be Taken Until Fee Is +Paid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-307_No_Action_To_Be_Taken_Until_Fee_Is_Paid){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-308 Erection Of Monuments And +Improvements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-308_Erection_Of_Monuments_And_Improvements){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-309 Defacing +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-309_Defacing_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-310 Removal Of Flowers And Decorative +Items](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-310_Removal_Of_Flowers_And_Decorative_Items){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-311 Motorized +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-311_Motorized_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 11-312 Council May Adopt +Rules](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-312_Council_May_Adopt_Rules){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Municipal cemeteries, 11 O.S. § 26-101 et +seq.\ + +
+ +::: phx-name +[Sec 11-301 Cemeteries +Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-301_Cemeteries_Established){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All cemeteries under the ownership and control of the city are +established as city cemeteries. The city manager shall appoint all +officers and employees necessary for the proper control and management +of the cemetery. + +(Prior Code, § 7-35, in part; Code 1991, § 11-301) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2015\ +* +::: + +
+ +::: phx-name +[Sec 11-302 Cemetery Care +Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-302_Cemetery_Care_Fund){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby established a cemetery perpetual care fund for +maintenance and improvement of the city cemeteries, to be operated in +accordance with state law. Financing and investment of the fund shall be +as permitted by the city and state law. + +(Prior Code, §§ 7-31---7-35; Code 1991, § 11-302; Ord. No. 606(07), +12-3-2007) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2015\ +* +::: + +
+ +::: phx-name +[Sec 11-303 Expenditure And +Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-303_Expenditure_And_Control){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No obligation incurring the expenditure of any money on account of a +city cemetery shall be valid or binding upon the city unless the same +shall first have been appropriated by the council and approved by the +city manager. + +(Prior Code, § 7-35; Code 1991, § 11-303) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2015\ +* +::: + +
+ +::: phx-name +[Sec 11-304 Prices Of +Lots](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-304_Prices_Of_Lots){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city council by motion or resolution shall fix the price for which +lots shall be sold. Any payment installment plan approved by the city +council for purchase of a lot shall provide for full payment, or +one-fifth down payment and one payment annually, within a maximum of +four years. + +(Prior Code, § 7-35; Code 1991, § 11-304; Ord. No. 607(07), 12-3-2007) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2015\ +* +::: + +
+ +::: phx-name +[Sec 11-305 Deeds To +Lots](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-305_Deeds_To_Lots){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All cemetery deeds shall be signed by the mayor and the city clerk upon +final payment. The clerk or his designee shall keep a complete record of +all sales and burials. + +(Prior Code, § 7-37; Code 1991, § 11-305) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2015\ +* +::: + +
+ +::: phx-name +[Sec 11-306 Fees For Setting Monuments And Grave +Staking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-306_Fees_For_Setting_Monuments_And_Grave_Staking){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Monument set and/or grave staking paperwork will need to be filled out +and paid in full prior to the city marking for either. The fee therefor +shall be established by motion or resolution of the city council. + +(Prior Code, § 7-39; Code 1991, § 11-307) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2015\ +* +::: + +
+ +::: phx-name +[Sec 11-307 No Action To Be Taken Until Fee Is +Paid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-307_No_Action_To_Be_Taken_Until_Fee_Is_Paid){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No deed for any lot shall be issued, no grave marked, and no monument or +marker shall be set, located or placed until the fee or charge has been +paid in full, except as may be otherwise allowed by the city herein. + +(Prior Code, § 7-40; Code 1991, § 11-308) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2015\ +* +::: + +
+ +::: phx-name +[Sec 11-308 Erection Of Monuments And +Improvements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-308_Erection_Of_Monuments_And_Improvements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The erection of monuments, filling of graves or needed improvements, or +the marking thereof, by private parties in a cemetery of the city shall +be done under the supervision of the city and not otherwise. Only one +monument per lot shall be allowed at the head of the grave, with the +exception of a veteran\'s marker at the foot of the grave. + +(Prior Code, § 7-41; Code 1991, § 11-312) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2015\ +* +::: + +
+ +::: phx-name +[Sec 11-309 Defacing +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-309_Defacing_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person who shall willfully or with malicious intent destroy, +mutilate, deface, injure or remove any tomb, monument, or other +structure placed in any city cemetery, or any fence, railing, or other +work for the protection of any such cemetery or place of burial of any +human being, or tomb, monument, memorial or other structure, or any lot +within a cemetery, or who shall willfully or with malicious intent +destroy, cut, break or injure any tree, shrub or plant within the limits +of a cemetery, shall be deemed guilty of violating this section. Any +person violating this section shall be punished as provided in section +1-108. + +(Prior Code, § 7-36; Code 1991, § 11-313) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2015\ +* +::: + +
+ +::: phx-name +[Sec 11-310 Removal Of Flowers And Decorative +Items](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-310_Removal_Of_Flowers_And_Decorative_Items){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful for any person to remove flowers from a vase or a + saddle attached to the monument other than by the persons placing + such flowers or by a designated city employee. +2. Items such as glass jars, cans, or other containers used on the + premises for the holding of floral bouquets, candles or mementos are + prohibited. +3. During the first full week (Sunday through Saturday) of every month, + the City will remove all items on the ground or around the monument + base that may cause maintenance problems. Prohibited items, such as + rocks, metal rods, wire stakes, fencing, ornaments, glass containers + or any other similar items will be removed at this time. In addition + to this monthly removal of items, twice per year, in February and in + August, while performing the monthly clean-up, the City will also + remove all flowers from vases and saddles.\ + +\ + +\ + +(Prior Code, § 7-42; Code 1991, § 11-314) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2015\ +Amended by Ord. +[1005.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1005.22.pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/15/2022\ +Amended by Ord. +[1033.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1033.23.pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/21/2023\ +* +::: + +
+ +::: phx-name +[Sec 11-311 Motorized +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-311_Motorized_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No motorized vehicle shall be permitted in any cemetery except: + +1. Vehicles operated by the city or under contract to the city; +2. Vehicles entering, exiting, or being parked where part or a portion + of the cemetery is designated and maintained for entrance, exit or + parking. + +(Prior Code, § 7-44; Code 1991, § 11-315) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2015\ +* +::: + +
+ +::: phx-name +[Sec 11-312 Council May Adopt +Rules](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-312_Council_May_Adopt_Rules){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The council by motion or resolution may adopt rules and regulations +relating to the city cemeteries. + +(Prior Code, § 7-45; Code 1991, § 11-316) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/15/2015\ +* +::: + +
+ +::: {.phx-name .phx-break} +[PART 12 PLANNING, ZONING AND +DEVELOPMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_12_PLANNING,_ZONING_AND_DEVELOPMENT){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 12-1 LAND DEVELOPMENT +CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_12-1_LAND_DEVELOPMENT_CODE){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Building, zoning and planning, 11 O.S. § +41-101 et seq.\ + +
+ +::: phx-name +[CHAPTER 12-1 LAND DEVELOPMENT +CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_12-1_LAND_DEVELOPMENT_CODE){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 12-101 Land Development Code +Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_12-101_Land_Development_Code_Adopted){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 12-101 Land Development Code +Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_12-101_Land_Development_Code_Adopted){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The City of Moore Land Development Code, as published by Municipal Code +Corporation, and as amended from time to time, containing, among other +things, regulations governing zoning, subdivisions, signs, mobile homes, +flood plain and oil and gas, is hereby adopted and incorporated herein +by reference. Any violation of the city\'s land development code is +punishable as provided in section 1-108. Each day that a violation +continues to exist shall be deemed a separate offense. + +(Code 1999, § 12-100) + +
+ +::: {.phx-name .phx-break} +[PART 13 PUBLIC +SAFETY](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_13_PUBLIC_SAFETY){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 13-1 FIRE PREVENTION +CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-1_FIRE_PREVENTION_CODE){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 13-2 FIRE +SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-2_FIRE_SERVICES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 13-3 POLICE +SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-3_POLICE_SERVICES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 13-4 EMERGENCY +MANAGEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-4_EMERGENCY_MANAGEMENT){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 13-5 EMERGENCY TELEPHONE AND ALARM +SYSTEMS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-5_EMERGENCY_TELEPHONE_AND_ALARM_SYSTEMS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 13-6 HAZARDOUS MATERIAL INCIDENT COST RECOVERY +ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-6_HAZARDOUS_MATERIAL_INCIDENT_COST_RECOVERY_ORDINANCE){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[CHAPTER 13-1 FIRE PREVENTION +CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-1_FIRE_PREVENTION_CODE){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 13-1A GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1A_GENERAL_PROVISIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 13-1B FIRE HYDRANTS AND FIRE +LANES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1B_FIRE_HYDRANTS_AND_FIRE_LANES){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 13-1A GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1A_GENERAL_PROVISIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 13-101 Adoption Of The 2015 International Fire Code, As Amended And +Modified By The State Uniform Building Code Commission Pursuant To 59 OS +Section +1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-101_Adoption_Of_The_2015_International_Fire_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-102 Fire +Prevention](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-102_Fire_Prevention){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-103 Adoption Of Specified +Appendices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-103_Adoption_Of_Specified_Appendices){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-104 Establishment Of Limits Of Districts In Which Storage Of +Explosives And Blasting Agents Is To Be +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-104_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Explosives_And_Blasting_Agents_Is_To_Be_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-105 Establishment Of Limits Of Districts In Which Storage Of +Flammable Liquids In Outside Aboveground Tanks Is To Be +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-105_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Flammable_Liquids_In_Outside_Aboveground_Tanks_Is_To_Be_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-106 Establishment Of Limits In Which Bulk Storage Of Liquefied +Petroleum Gases Is To Be +Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-106_Establishment_Of_Limits_In_Which_Bulk_Storage_Of_Liquefied_Petroleum_Gases_Is_To_Be_Restricted){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-107 Provisions Declared To Be Minimum +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-107_Provisions_Declared_To_Be_Minimum_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-108 Modifications Of The Fire Prevention Code +Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-108_Modifications_Of_The_Fire_Prevention_Code_Authorized){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-109 New Materials, Processes Or Occupancies Which May Require +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-109_New_Materials,_Processes_Or_Occupancies_Which_May_Require_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-110 +Appeals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-110_Appeals){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-111 Life Safety Code +Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-111_Life_Safety_Code_Adopted){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-112 Certificate Of +Fitness](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-112_Certificate_Of_Fitness){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 13-101 Adoption Of The 2015 International Fire Code, As Amended And +Modified By The State Uniform Building Code Commission Pursuant To 59 OS +Section +1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-101_Adoption_Of_The_2015_International_Fire_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. There is hereby adopted by the city for the purpose of prescribing + regulations governing conditions hazardous to life and property from + fire or explosion that certain code known as the 2015 International + Fire Code, as amended and modified by the state uniform building + code commission pursuant to 59 O.S. § 1000.23, the whole thereof, + save and except such portions as are hereinafter deleted, modified + or amended; of which code not less than one copy has been and is + filed in the office of the city clerk. The International Fire Code, + as amended, is hereby adopted and incorporated as if set out at + length herein, and shall be incorporated and considered as a part of + this Code. +2. The following additions, amendments, or deletions are made to the + fire code adopted herein:\ + \ + Section 101.1. Insert: The City of Moore, Oklahoma\ + \ + Section 109.4. Insert: Misdemeanor, \$500.00; delete: or by + imprisonment not exceeding 10 days, or both such fine and + imprisonment\ + \ + Section 111.4. Delete: less than \[amount\] dollars and insert: more + than five hundred (\$500.00) dollars\ + \ + Section 308.1.4. Delete Exception 2: Where buildings, balconies and + decks are protected by an automatic sprinkler system; delete + Exception 3.: LP-gas cooking devices having LP-gas container with a + water capacity not greater than 2 1/2 pounds \[nominal 1 pound (0.45 + kg) LP-gas capacity\] + +(Code 1999, § 13-101; Ord. No. 514(90), 9-17-1990; Ord. No. 631(08), +9-15-2008) + +**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[858(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 13-102 Fire +Prevention](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-102_Fire_Prevention){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The fire prevention code shall be enforced by the division of fire +prevention in the fire department, which is hereby established and which +shall be operated under the supervision of the chief of the fire +department. + +(Prior Code, § 9-53; Code 1999, § 13-102) + +
+ +::: phx-name +[Sec 13-103 Adoption Of Specified +Appendices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-103_Adoption_Of_Specified_Appendices){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following appendices to the 2015 International Fire Code are adopted +and incorporated by reference and made a part hereof as if fully set +forth herein: Appendix B, Appendix C, and Appendix D. + +(Code 1999, § 13-103; Ord. No. 514 (90), 9-17-1990) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[858(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 13-104 Establishment Of Limits Of Districts In Which Storage Of +Explosives And Blasting Agents Is To Be +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-104_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Explosives_And_Blasting_Agents_Is_To_Be_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The limits referred to in the fire prevention code, in which storage of +explosives and blasting agents is prohibited, are established as +follows: All R zoning and C or I zoning only by permission of the fire +chief in accordance with the codes adopted by this chapter. + +(Code 1999, § 13-104) + +
+ +::: phx-name +[Sec 13-105 Establishment Of Limits Of Districts In Which Storage Of +Flammable Liquids In Outside Aboveground Tanks Is To Be +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-105_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Flammable_Liquids_In_Outside_Aboveground_Tanks_Is_To_Be_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Storage of flammable liquids in outside aboveground tanks is + prohibited except in those areas zoned as R through C under the + zoning ordinances of the city, except as permitted by the fire chief + in accordance with codes adopted by the city. +2. Bulk plants for flammable or combustible liquids are prohibited in R + zoning and in the areas as approved by the fire chief. + +(Prior Code, § 9-54; Code 1999, § 13-105) + +
+ +::: phx-name +[Sec 13-106 Establishment Of Limits In Which Bulk Storage Of Liquefied +Petroleum Gases Is To Be +Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-106_Establishment_Of_Limits_In_Which_Bulk_Storage_Of_Liquefied_Petroleum_Gases_Is_To_Be_Restricted){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Bulk storage shall be defined as any container exceeding 30 gallons + of water capacity or any combination of containers exceeding 60 + gallons of water capacity. +2. In all residential zoning classifications, bulk storage of L.P.G. is + permissible upon approval of the fire chief or his designee if the + area where the L.P.G. is stored is at least 100 feet from any + occupied structure and at least 100 feet from any property line. +3. In any commercial zoning classification, bulk storage of L.P.G. is + permissible upon approval of the fire chief or his designee, for + sale or small exchange tanks for off-premises use and for + installations essential to the business as fueling stations for + equipment used in the business. +4. All permitted locations shall submit a yearly application for + approval and, upon approval, and the payment of a fee as determined + by the city council by motion or resolution, the fire chief or his + designee shall issue a permit. All permits shall be valid until the + end of the fiscal year in which they were granted and shall be + renewed annually. + +(Prior Code, § 9-58; Code 1999, § 13-106; Ord. No. 207(97), 10-6-1997) + +
+ +::: phx-name +[Sec 13-107 Provisions Declared To Be Minimum +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-107_Provisions_Declared_To_Be_Minimum_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions of the fire prevention code, latest edition, in their +interpretation and application, shall be held to be minimum requirements +adopted for the promotion of public health, safety, and general welfare. +Wherever any of the provisions or requirements of this code are +inconsistent with the provisions of this Code or state statutes +presently existing or enacted in the future, the provisions or +requirements containing the most restrictive regulation shall apply and +govern. + +(Code 1999, § 13-107) + +
+ +::: phx-name +[Sec 13-108 Modifications Of The Fire Prevention Code +Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-108_Modifications_Of_The_Fire_Prevention_Code_Authorized){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The fire chief shall have the power to modify any of the provisions of +the fire prevention code upon application in writing by the building +owner or lessee, or his duly authorized agent, when there are practical +difficulties in the way of carrying out the strict letter of the code, +provided that the spirit of the code shall be observed, public safety +secured and substantial justice done. The particulars of such +modifications when granted shall be entered upon the records of the +department, and a signed copy shall be furnished to the applicant. + +(Prior Code, § 9-55; Code 1999, § 13-108) + +
+ +::: phx-name +[Sec 13-109 New Materials, Processes Or Occupancies Which May Require +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-109_New_Materials,_Processes_Or_Occupancies_Which_May_Require_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The building officer, the chief of the fire department and the city +manager shall act as a committee to determine and specify, after giving +affected persons an opportunity to be heard, any new materials, +processes or occupancies which shall require permits, in addition to +those now enumerated in the code. The fire chief shall post such list in +a conspicuous place in his office and distribute copies thereof to +interested persons. + +(Prior Code, § 9-57; Code 1999, § 13-109) + +
+ +::: phx-name +[Sec 13-110 +Appeals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-110_Appeals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whenever the fire chief or his designee shall disapprove an application +or refuse to grant a permit or license applied for, or when it is +claimed that the provisions of the code do not apply or that the true +intent and meaning of the code have been misconstrued or wrongly +interpreted, the applicant may appeal to the board of adjustment of the +city within 30 days from the date of the decision appealed from. + +(Code 1999, § 13-110; Ord. No. 427(87), 2-17-1987) + +
+ +::: phx-name +[Sec 13-111 Life Safety Code +Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-111_Life_Safety_Code_Adopted){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby adopted for the purposes of establishing rules and +regulations for the protection of the public safety from the hazards of +fire, smoke, fumes, etc., that certain code known as the 2015 National +Fire Protection Association Life Safety Code---NFPA 101, adopted by the +state, and the whole thereof, save and except such portions thereof as +are hereinafter deleted, modified, or amended. Not less than one copy +has been and now is filed in the office of the city clerk. The code is +hereby adopted and incorporated as fully as if set out at length herein. + +(Code 1999, § 13-111; Ord. No. 515(90), 9-17-1990) + +**State Law reference**--- Adoption by reference, 11 O.S. § 14-107. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[858(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/19/2017\ +* +::: + +
+ +::: phx-name +[Sec 13-112 Certificate Of +Fitness](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-112_Certificate_Of_Fitness){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A certificate of fitness is required by the responsible person + conducting any of the following activities when such activities are + conducted on a for hire basis: + 1. The servicing or recharging of any portable fire extinguisher; + 2. The servicing or recharging of any fixed fire extinguishing + system, inspection, servicing or recharging of any restaurant + hood system or fixed fire extinguishing system; and + 3. The installation and servicing of any fire alarm or fire + communication system. +2. All applications for a certificate of fitness shall be filed with + the fire chief on forms provided by the fire chief. A fee as set by + the council shall be charged to issue the certificate of fitness. + The certificate of fitness shall be valid for a period of one year + from the date of issuance and must be renewed annually. + +(Code 1999, § 13-112; Ord. No. 502(90), 1-15-1990) + +
+ +::: phx-name +[ARTICLE 13-1B FIRE HYDRANTS AND FIRE +LANES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1B_FIRE_HYDRANTS_AND_FIRE_LANES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 13-121 Fire +Hydrants](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-121_Fire_Hydrants){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-122 Fire Lanes On Private Property Devoted To Public +Use](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-122_Fire_Lanes_On_Private_Property_Devoted_To_Public_Use){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-123 Water Supply To Fire Hydrants Via Public Or Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-123_Water_Supply_To_Fire_Hydrants_Via_Public_Or_Private_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-124 Article +Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-124_Article_Cumulative){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 13-121 Fire +Hydrants](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-121_Fire_Hydrants){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Fire hydrants of a type and manufacture approved by the utility + director or city engineer shall be available to serve all building + sites prior to start of construction. +2. Building plans for all new construction shall show the location of + fire hydrants on both public and private property as approved by the + fire chief or his designee and the city engineer before any actual + construction is undertaken. +3. Hydrant locations and standards shall be as follows: + 1. All hydrants are to be installed according to city standards; + 2. No portion of a building of any occupancy except single-family + dwellings shall be located more than 300 feet travel distance + from a hydrant; and + 3. Fire hydrants shall be located apart from buildings and fully + accessible from paved driveways and fire lanes. +4. No unauthorized person shall use, operate, conceal or in any manner + hinder the accessibility or reduce the effectiveness of any fire + hydrant within the city. +5. Access to fire hydrants required by subsection (A) of this section + shall not be required for sites whose structures total less than + 2,000 square feet unless constituting or declared a high hazard + occupancy by the fire chief. +6. The requirements of this section may be waived by the city council + for good cause shown by the persons requesting a building permit. +7. Fire hydrants shall be placed at each street intersection, provided + that in no event shall the spacing exceed 500 feet in R-1 and R-2 + residential areas or 300 feet in commercial, industrial or R-3 + general residential areas. The distance from the nearest fire + hydrant to the most remote point in a cul-de-sac or residential + street loop shall not exceed 300 feet. + +(Prior Code, § 9-111; Code 1999, § 13-121) + +
+ +::: phx-name +[Sec 13-122 Fire Lanes On Private Property Devoted To Public +Use](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-122_Fire_Lanes_On_Private_Property_Devoted_To_Public_Use){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The marking of fire lanes on private property devoted to public use + shall be approved by the fire chief or his designee. +2. Parking of motor vehicles or otherwise obstructing fire lanes shall + be prohibited at all times. +3. Fire lanes and driveways shall be located so that all buildings + served by them are accessible to fire equipment. +4. All fire lanes on public or private property devoted to public use + shall be marked as such with signage and curb marking. Fire lane + access shall be marked with stripping and stenciling as specified in + subsection (D)(2) of this section. + 1. *Signage*. Signs denoting fire lanes shall be 12 inches wide by + 18 inches tall and shall read \"FIRE LANE. NO PARKING AT ANY + TIME. CITY ORDINANCE \# 13-122.\" Colors and height of mounting + shall conform to the Manual on Uniform Traffic Control Devices, + current edition. Fire lanes longer than 150 feet and less than + 300 feet shall have a sign at each end with an intermediate sign + as close as practicable to the center of the fire lane. Fire + lane signs shall at no time be separated by more than 150 feet. + 2. *Curb marking*. Curb markings shall be red with the words \"FIRE + LANE, NO PARKING\" stenciled in white letters four inches in + height, spaced at intervals of every 30 feet. Where curbs do not + exist, there shall be a red stripe four inches in width. +5. Where required by the code, the contractor or person in charge of + any construction site, for all commercial occupancies, including, + but not limited to, business, industrial, mercantile, educational, + institutional, assembly, hotel, motel, multifamily dwellings and + mobile home parks, shall provide and maintain an approved + hard-surfaced all weather access fire lane, not less than 20 feet in + width, as shown on approved site plans. Such access lane shall be + complete at such time that construction has progressed to completion + of the foundation. +6. No fire lane shall begin closer than ten feet to a building, nor + further than 50 feet from a building. The height and construction of + the building shall determine this distance. + +(Prior Code, § 9-112; Code 1999, § 13-122; Ord. No. 255(99), 4-19-1999) + +
+ +::: phx-name +[Sec 13-123 Water Supply To Fire Hydrants Via Public Or Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-123_Water_Supply_To_Fire_Hydrants_Via_Public_Or_Private_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Proper size for water mains located on public or private property + which supply fire hydrants for occupancies listed in section + 13-122(e) shall be approved by the city engineer and the fire chief + or his designee. +2. The city engineer, fire chief or his designee shall approve no water + main supplying fire hydrants for occupancies listed in section + 13-122(e) less than six inches in diameter. + +(Prior Code, § 9-113; Code 1999, § 13-123; Ord. No. 256(99)-A, +4-19-1999) + +
+ +::: phx-name +[Sec 13-124 Article +Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-124_Article_Cumulative){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The provisions of this article shall be cumulative to and shall not +operate to repeal any other ordinances or provisions of this chapter. + +(Prior Code, § 9-114; Code 1999, § 13-124) + +
+ +::: phx-name +[CHAPTER 13-2 FIRE +SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-2_FIRE_SERVICES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 13-2A FIRE +DEPARTMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2A_FIRE_DEPARTMENT){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 13-2B CALLS OUTSIDE +LIMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2B_CALLS_OUTSIDE_LIMITS){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 13-2A FIRE +DEPARTMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2A_FIRE_DEPARTMENT){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 13-201 Created; +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-201_Created;_Duties){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-202 Use Of Fire +Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-202_Use_Of_Fire_Equipment){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-203 Authority Of Firefighters At +Fires](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-203_Authority_Of_Firefighters_At_Fires){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-204 Right Of +Entry](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-204_Right_Of_Entry){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Fire department authorized, 11 O.S. § +29-105.\ + +
+ +::: phx-name +[Sec 13-201 Created; +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-201_Created;_Duties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. There is a fire department of the city, the head of which is the + chief of the fire department. +2. It is the duty of the fire department, among others, to extinguish + fires; to rescue persons endangered by fire; to resuscitate, and to + administer first aid to, persons injured in or about burning + structures on elsewhere in case of an emergency; to promote fire + prevention; and unless otherwise provided, to enforce all ordinances + relating to fires, fire prevention and safety of persons from fire + in public and private buildings. + +(Prior Code, §§ 9-16, 9-18; Code 1999, § 13-201) + +
+ +::: phx-name +[Sec 13-202 Use Of Fire +Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-202_Use_Of_Fire_Equipment){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall use any fire apparatus or equipment for any private +purpose, nor shall any person willfully and without proper authority +take away or conceal any article used in any way by the department. No +person shall enter any place where fire apparatus is housed or handle +any apparatus or equipment belonging to the department unless +accompanied by, or having the special permission of, an officer or +authorized member of the department. + +(Code 1999, § 13-202) + +
+ +::: phx-name +[Sec 13-203 Authority Of Firefighters At +Fires](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-203_Authority_Of_Firefighters_At_Fires){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The fire chief, assistant fire chiefs or other fire department officers +in charge shall have complete charge and control at all fires. Fire +orders shall be obeyed. The chief or his officers may prescribe limits +in the vicinity of a fire which no persons except those residing or +owning property therein shall be permitted to enter except on the order +of the officer in command. Police officers may aid in carrying into +effect the provisions of this section. + +(Code 1999, § 13-203) + +
+ +::: phx-name +[Sec 13-204 Right Of +Entry](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-204_Right_Of_Entry){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The chief of the fire department and his designee may at all reasonable +hours enter any building or premises within his jurisdiction for the +purpose of making any inspection or investigation which, under the +provisions of this chapter and other provisions of this Code, he may +deem necessary to make. + +(Prior Code, § 9-204; Code 1999, § 13-204) + +
+ +::: phx-name +[ARTICLE 13-2B CALLS OUTSIDE +LIMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2B_CALLS_OUTSIDE_LIMITS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 13-211 Power To +Contract](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-211_Power_To_Contract){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-212 Contracts For +Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-212_Contracts_For_Service){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-213 Authority To Answer +Calls](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-213_Authority_To_Answer_Calls){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-214 Charges For Calls Made Outside +City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-214_Charges_For_Calls_Made_Outside_City){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-215 Firefighters Serving In Regular Line Of +Duty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-215_Firefighters_Serving_In_Regular_Line_Of_Duty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 13-211 Power To +Contract](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-211_Power_To_Contract){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city is hereby authorized and empowered to enter into contracts or +agreements with individuals, firms, private corporations or +associations, or military installations or commands, or political +subdivisions of the state for fire protection outside the corporate +limits of the city, and to contract to provide fire protection jointly +with other organizations and municipal subdivisions of the state. + +(Code 1999, § 13-221) + +
+ +::: phx-name +[Sec 13-212 Contracts For +Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-212_Contracts_For_Service){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any contract entered into by the city, with an individual owner, a firm, +private corporation, association or political subdivision, for outside +aid or mutual aid for fire protection, shall provide for the payment by +the owner, firm, private corporation, association or political +subdivision for such service, equipment or personnel in an amount +reached through negotiation by the parties. + +(Code 1999, § 13-222) + +
+ +::: phx-name +[Sec 13-213 Authority To Answer +Calls](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-213_Authority_To_Answer_Calls){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The fire department is authorized to answer all calls outside the city +within a reasonable distance of the city limits if first approved by the +fire chief on duty. The fire chief shall determine that the equipment +and personnel to be dispatched for such calls are not needed for other +purposes within the city. + +(Code 1999, § 13-223) + +
+ +::: phx-name +[Sec 13-214 Charges For Calls Made Outside +City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-214_Charges_For_Calls_Made_Outside_City){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city may enter into a contract with persons, organizations or +associations to provide fire protection service outside the city limits. +Such contracts shall be conditioned upon the determination of the fire +chief that the property in question is within a reasonable distance from +the city and that prior to any fire protection equipment being +dispatched for any fire call for such property, the fire chief on duty +shall first approve such call and determine that the equipment and +personnel to be dispatched are not needed for other purposes within the +city. The charges for such calls shall be as specified in the fee +schedule. + +(Code 1999, § 13-224) + +
+ +::: phx-name +[Sec 13-215 Firefighters Serving In Regular Line Of +Duty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-215_Firefighters_Serving_In_Regular_Line_Of_Duty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All firefighters attending and serving at fires or doing fire prevention +work outside the corporate limits of the city, as herein provided, shall +be considered as serving in their regular line of duty as fully as if +they were serving within the corporate limits of the city. The +firefighters shall be entitled to all the benefits of any fire pension +and relief fund in the same manner as if the firefighting or fire +prevention work was being done within the corporate limits of the city. + +(Code 1999, § 13-225) + +
+ +::: phx-name +[CHAPTER 13-3 POLICE +SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-3_POLICE_SERVICES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 13-3A POLICE +DEPARTMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3A_POLICE_DEPARTMENT){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 13-3B POLICE BOARD OF +REVIEW](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3B_POLICE_BOARD_OF_REVIEW){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Municipal police, 11 O.S. § 34-101 et seq.\ + +
+ +::: phx-name +[ARTICLE 13-3A POLICE +DEPARTMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3A_POLICE_DEPARTMENT){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 13-301 +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-301_Created){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-302 +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-302_Duties){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-303 Police Officers; Carrying Weapons Off Duty; +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-303_Police_Officers;_Carrying_Weapons_Off_Duty;_Restrictions){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 13-301 +Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-301_Created){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There shall be a police department, the head of which is the chief of +police, or the police chief. + +(Prior Code, § 18-16; Code 1999, § 13-301) + +
+ +::: phx-name +[Sec 13-302 +Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-302_Duties){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is the duty of the police department to apprehend and arrest on view +or on warrant and bring to justice violators of the ordinances of the +city; to suppress all riots, affrays and unlawful assemblies which may +come to their knowledge, and generally to keep the peace; to serve +warrants, writs, executions and other processes properly directed and +delivered to them; to apprehend and arrest persons violating state laws +as provided by law, and to turn them over to proper authorities; and in +all respects to perform all duties pertaining to the offices of police +officers. + +(Prior Code, §§ 18-16, 18-17; Code 1999, § 13-302) + +
+ +::: phx-name +[Sec 13-303 Police Officers; Carrying Weapons Off Duty; +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-303_Police_Officers;_Carrying_Weapons_Off_Duty;_Restrictions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Police officers shall perform such duties as shall be required of + them by the chief, the city ordinances and state regulations and any + other actions required in the maintenance of good order and public + peace. +2. A full-time duly appointed peace officer of the city who is + certified by the state council on law enforcement education and + training, (C.L.E.E.T.) pursuant to state law, is hereby authorized + to carry a weapon, certified and approved by the chief of police of + the city, or his duly authorized agent, during periods when he is + not on active duty. When an off-duty officer carries a certified + weapon, the officer shall be in law enforcement uniform prescribed + by the employing agency, or when not wearing the prescribed law + enforcement uniform shall be required to have his official peace + officer\'s badge, commission card, and C.L.E.E.T. certification card + on his person at all times when carrying a weapon certified and + approved by the employing agency, and to keep the authorized weapon + concealed from view at all times except when the weapon is used + within the guidelines, rules, and regulations established by the + employing agency. +3. Nothing in this section shall be interpreted to authorize a peace + officer in actual physical possession of a weapon to consume beer or + alcoholic beverages, except in the authorized line of duty as an + undercover officer. Any officer in violation of this section shall + be deemed guilty of a violation of this section as though he were a + private person. + +(Code 1999, § 13-303; Ord. No. 464, 10-3-1988, in part; Ord. No. 4(91), +1991) + +
+ +::: phx-name +[ARTICLE 13-3B POLICE BOARD OF +REVIEW](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3B_POLICE_BOARD_OF_REVIEW){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 13-311 Board +Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-311_Board_Established){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-312 +Members](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-312_Members){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-313 +Appointments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-313_Appointments){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-314 +Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-314_Term){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-315 +Hearings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-315_Hearings){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-316 Records Of +Proceedings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-316_Records_Of_Proceedings){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-317 Legal +Counsel](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-317_Legal_Counsel){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 13-311 Board +Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-311_Board_Established){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Pursuant to 11 O.S. § 50-123, there is hereby established a police board +of review to hear appeals concerning the discharge of police officers. + +(Code 1999, § 13-311) + +
+ +::: phx-name +[Sec 13-312 +Members](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-312_Members){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The board of review shall consist of: + +1. The mayor, ex officio, who shall be a voting member of the board; +2. Two active duty or retired police officers of the city; +3. One attorney residing in the city; and +4. One licensed physician residing in the city. + +(Code 1999, § 13-312) + +
+ +::: phx-name +[Sec 13-313 +Appointments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-313_Appointments){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Members of the board of review, with the exception of the mayor, + shall be appointed by the council, except that when persons meet the + qualifications of section 13-312(c) and (d), the mayor shall in lieu + thereof make the appointments from the governing body of the city. +2. Neither the chief of police nor any person having direct appointive + authority for police personnel shall be eligible for appointment to + the board of review. + +(Code 1999, § 13-313) + +
+ +::: phx-name +[Sec 13-314 +Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-314_Term){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Appointive members of the police board of review shall serve at the +pleasure of the appointing authority. + +(Code 1999, § 13-314) + +
+ +::: phx-name +[Sec 13-315 +Hearings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-315_Hearings){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any eligible officer who is discharged may appeal to the police board of +review. The board of review shall, within a reasonable length of time, +schedule a hearing of such appeal, hear the evidence presented +supporting the discharge and the evidence presented opposing the +discharge, and render its decision, in writing, either affirming or +reversing the discharge. + +(Code 1999, § 13-315) + +
+ +::: phx-name +[Sec 13-316 Records Of +Proceedings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-316_Records_Of_Proceedings){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Proceedings before the police board of review shall be recorded by the +secretary to the board and the minutes of the meeting shall be safely +retained during such time as the aggrieved party to such proceedings may +appeal the decision of the board of review. + +(Code 1999, § 13-316) + +
+ +::: phx-name +[Sec 13-317 Legal +Counsel](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-317_Legal_Counsel){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Proceedings before the police board of review shall be informal in + nature and strict rules of evidence shall not apply. +2. Any party shall have the right to be represented by counsel, + provided that such counsel shall be an attorney licensed to practice + law within the state. Such attorney shall have the right to examine + and cross examine persons testifying before the board as shall the + party, if not represented by counsel. + +(Code 1999, § 13-317) + +
+ +::: phx-name +[CHAPTER 13-4 EMERGENCY +MANAGEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-4_EMERGENCY_MANAGEMENT){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 13-401 Intent And Purpose; +Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-401_Intent_And_Purpose;_Authority){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-402 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-402_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-403 Organization And +Appointments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-403_Organization_And_Appointments){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-404 Emergency Powers And Duties Of City +Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-404_Emergency_Powers_And_Duties_Of_City_Manager){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-405 Duties And Emergency Powers Of The Emergency Management +Director](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-405_Duties_And_Emergency_Powers_Of_The_Emergency_Management_Director){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-406 Emergency Operations +Plan](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-406_Emergency_Operations_Plan){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-407 Assistance Of Persons Outside City +Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-407_Assistance_Of_Persons_Outside_City_Government){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-408 No Municipal Or Private +Liability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-408_No_Municipal_Or_Private_Liability){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-409 Violation Of +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-409_Violation_Of_Regulations){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-410 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-410_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-411 Violation Of Emergency Price Stabilization +Act](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-411_Violation_Of_Emergency_Price_Stabilization_Act){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Oklahoma Emergency Management Act of 2003, 63 +O.S. § 683.1 et seq.; local emergency management program, 63 O.S. § +683.11.\ + +
+ +::: phx-name +[Sec 13-401 Intent And Purpose; +Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-401_Intent_And_Purpose;_Authority){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Intent and purpose*. The purpose of this chapter is to create an + emergency management organization for the city to: + 1. Aid in mitigation and preparedness before a disaster and to + alleviate injury or damage through a coordinated response and + recovery from damages resulting from disaster, nuclear or + conventional weapons attack, sabotage or other hostile action, + or by other disaster or major emergency as defined herein; and + 2. Protect the lives and health of the citizens of the city, their + property and property rights, whether public or private, in any + emergency or disaster event endangering the lives and property + of the people of the city. +2. *Authority*. Nothing in this chapter shall be construed as power or + authority to abridge or lessen the legislative and administrative + powers of the mayor and city council, unless such is specifically + granted herein. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/17/2016\ +* +::: + +
+ +::: phx-name +[Sec 13-402 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-402_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Authorized persons* means all state, county and municipal police and +fire personnel; hospital and ambulance crews; National Guard, and +emergency management personnel ordered into a disaster area by proper +authority; federal civil and military personnel on official business; +persons who enter a disaster area to maintain or restore facilities for +the provision of water, electricity, communications or transportation to +the public; and such other officials as have valid reason to enter a +disaster area. + +*Civil emergency* means a riot or unlawful assembly characterized by the +use of actual force or violence or any threat to use force if +accompanied by immediate power to execute by three or more persons +acting together. All powers, duties and regulations relating to a +disaster shall also apply to a civil emergency. + +*Curfew* means a prohibition against any persons walking, running, +loitering, standing, or motoring upon any alley, street, highway, public +property, or vacant premises within the corporate limits of the city, +except persons officially designated to duty with reference to the civil +emergency. + +*Disaster* means any event within the city limits threatening or +resulting in the death or injury of persons or the destruction of +property to such an extent that extraordinary measures must be taken to +protect the public health, safety and welfare. + +*Disaster area* means the scene or location of any disaster or civil +emergency. + +*Emergency management* means the functions charged to the emergency +management department and other city departments to create a framework +to provide coordinated community actions to reduce the city\'s +vulnerability to hazards, and increase the city\'s resiliency and +ability to respond to and recover from disasters. This includes +functions and actions to mitigate, prepare for, respond to and otherwise +aid the citizens of the city in the recovery from injury and damages +caused by the effects of disasters. These might include, without +limitation: + +1. Fire, flood, tornado, drought, earthquake, and other natural events; +2. Transportation accidents, chemical releases, industrial accidents, + and other technological events; +3. Infectious disease outbreaks and other public health events; +4. Civil disorder, domestic and international terrorism, acts of war, + and other manmade events; and +5. Any other event which develops to such an extent as to cause an + extreme emergency situation which jeopardizes the health, safety or + welfare of the citizens of the city. + +*Emergency management director (\"director\")* means the individual +appointed by the city manager to carry out the functions set out in this +chapter. + +*Emergency management forces* means the employees, equipment and +facilities of all city institutions and commissions; and, in addition, +it shall include all volunteer personnel, equipment and facilities +contributed by or obtained from volunteer persons or agencies. + +*Emergency management volunteer* means any person duly registered, +trained, identified and appointed by the director and assigned to +participate in an emergency management and/or disaster activity. + +*Enemy attack* means a direct or indirect assault against the city, its +government, its environs, or of the nation, by the forces of a hostile +nation, the agents thereof, and/or non-state sponsored militant or +extremist groups, including assault by bombing, radiological, chemical +or biological warfare, sabotage or terrorism. + +*Federal Emergency Management Agency (FEMA)* means the Federal Emergency +Management Agency, as created by the Robert T. Stafford Disaster Relief +and Emergency Assistance Act, P.L. 100-707. + +*Oklahoma Department of Emergency Management (OEM)* means the State of +Oklahoma\'s Department of Emergency Management, as created in 63 O.S. § +683.4. + +*Regulations* includes plans, programs, and other emergency procedures +deemed essential to emergency management. + +*Resilience* means the ability to prepare and plan for, absorb, recover +from, and more successfully adapt to adverse events. + +*Volunteer* means the contribution of a service, equipment or facilities +to the emergency management system and assigned for use in a +disaster/exercise activity, given without expectation of compensation. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/17/2016\ +* +::: + +
+ +::: phx-name +[Sec 13-403 Organization And +Appointments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-403_Organization_And_Appointments){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager is authorized and directed to create an organization +for emergency management utilizing to the fullest extent the existing +agencies within the city. The city manager, as executive head of the +municipal government, shall be the supervisor of the emergency +management forces of the city and shall be responsible for their +organization, administration and operations. The organization shall +consist of the following: + +1. The city manager shall create and maintain a department of emergency + management to aid in mitigation and preparedness before a disaster + and to alleviate injury or damage through a coordinated response and + recovery from damages resulting from disaster, nuclear or + conventional weapons attack, sabotage or other hostile action, or by + other disaster or major or civil emergency as defined herein, and to + protect the lives and health of the citizens of the city, their + property and property rights, whether public or private, in any + emergency or disaster event endangering the lives and property of + the people of the city. +2. The city manager shall appoint a director to be head of the + emergency management department, and such assistants and other + employees as are deemed necessary for the proper functioning of the + organization. The director shall be a person trained in planning + operations involving the activities of many different agencies which + will operate to protect the public health, safety and welfare in the + event of danger from enemy action or disaster as defined in this + chapter. The director shall meet the qualifications promulgated by + the Oklahoma Department of Emergency Management (OEM). +3. The employees, equipment and facilities of all city departments, + boards, institutions and commissions will participate in emergency + management activity as needed. Duties assigned to a city department + shall be the same or similar to the normal duties of the department. +4. Volunteer persons and agencies offering services to and accepted by + the city. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/17/2016\ +* +::: + +
+ +::: phx-name +[Sec 13-404 Emergency Powers And Duties Of City +Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-404_Emergency_Powers_And_Duties_Of_City_Manager){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Emergency authority of city manager*. The city manager may exercise + the emergency power and authority necessary to fulfill the general + powers and duties of the position as defined in article III of the + city Charter. +2. *Emergency declaration*. When in the judgment of the city manager it + is necessary to invoke the emergency powers provided herein, + concurrence of the mayor should be immediately sought, who shall + make the decision whether or not to declare an emergency. + 1. If the mayor is not available, the decision shall be made by the + vice-mayor; if that individual is not available, the decision + shall be made by the senior councilmember available. + 2. In the event the mayor and city council are not available to + act, then the city manager shall be the sole authority necessary + to invoke the powers provided herein. + 3. In the absence of the city manager as the final judge of an + emergency declaration, the emergency management director shall + make the determination. + 4. Whether the mayor, the vice-mayor, a councilmember, the city + manager or the director declares an emergency, such action shall + not be construed as abridging or curtailing the powers or + restrictions of the mayor and city council as defined in the + Charter of the city. Thereafter the mayor and city council may + convene to perform their legislative and administrative powers, + and shall receive reports relative to emergency management + activities. +3. *Emergency regulations*. During any period when disaster threatens + or when the city has been affected by disaster or major emergency, + within the definition of this chapter, the city manager may + promulgate such regulations as deemed necessary to protect life and + property and preserve critical resources. Such regulations may + include, but shall not be limited to, the following: + 1. Regulations prohibiting or restricting the movement of vehicles + to facilitate the work of emergency management forces or the + mass movement of persons from critical areas within or without + the city. + 2. Regulations pertaining to the movement of persons to and/or from + areas deemed to be hazardous or vulnerable to disaster. + 3. Regulations restricting the movement of persons upon the streets + at particular times of days and in particular areas. + 4. Such other regulations necessary to preserve public peace, + health and safety. + 5. Regulations promulgated in accordance with the authority above + will be given widespread circulation by proclamations published + and disseminated by newspaper, television, radio and other + available means of communications with the public. These + regulations will have the force of ordinance when duly filed + with the city clerk and violations will be subject to the + penalties provided in this chapter. +4. *Emergency management forces*. Whenever the city manager finds that + any condition in the city has attained, or threatens to attain, the + proportions of a disaster or emergency, he may assemble and utilize + emergency management forces and may prescribe the manner and + conditions of their use. +5. *Mutual aid---Requesting*. When disaster or emergencies affect the + city to the extent that conditions are beyond the control of local + emergency management forces, the city manager may request aid from + other communities and the state. +6. *Same---Rendering*. When requested, the city manager may send + emergency management forces to the aid of other communities affected + by disaster or emergency. +7. *Emergency procurement*. The city manager may make emergency + procurements in accordance with the purchasing policies when an + emergency condition arises and the need cannot be met through normal + procurement methods, as referenced in section 7-206. +8. *Curfew*. After proclamation of an emergency, the city manager may + order a general curfew applicable to such geographical areas of the + city or to the city as a whole, as he deems advisable, and the + curfew shall be applicable during such hours of the day or night as + he deems necessary in the interest of the public safety and welfare. + After the mayor and city council convene, such order is subject to + their approval. +9. *Emergency prohibitions*. After the proclamation of an emergency and + in the interest of public safety and welfare, the city manager may + also make any or all emergency orders deemed necessary. These may + include, without limitation, orders prohibiting the following: + 1. Any person being on the public streets, or in the public parks + or at any other public place during the hours declared by the + city manager to be a period of curfew; + 2. The manufacture, transfer, use, possession or transportation of + a molotov cocktail or any other device, instrument or object + designed to explode or produce uncontained combustion; + 3. The transporting, possessing or using of gasoline, kerosene or + combustible, flammable or explosive liquids or materials in a + glass or uncapped container of any kind, except in connection + with the normal operation of motor vehicles, normal home use or + legitimate commercial use; + 4. The sale, purchase or dispensing of alcoholic beverages; + 5. The sale, purchase or dispensing of other commodities or goods, + as the city manager reasonably believes should be prohibited to + help preserve and maintain life, health, property or the public + peace; + 6. The use of certain streets, highways or public ways by the + public; + 7. The sale, ownership, possession, transportation, carrying, + transfer and storage of firearms, ammunition and ammunition + accessories during a declared state of emergency unless such is + otherwise legal under state law; + 8. Impersonation of a city official or emergency management + volunteer; + 9. Unauthorized use of any insignia of the city; + 10. Unauthorized entry into any disaster area; + 11. Following an emergency or disaster vehicle, or purposely driving + to any location on or near a roadway where a disaster or + emergency area exists; + 12. Proceeding to or remaining at a disaster area for the purpose of + being a bystander, spectator, sightseer, or souvenir hunter, or + disturbing any material objects, equipment, or thing directly or + indirectly relating to or pertaining to the disaster; + 13. Obstructing, hindering, or delaying any public official, shelter + manager, or other authorized individual in the enforcement of + any rules, regulations or executive orders issued pursuant to + the authority contained in this chapter; + 14. Failing to obey rules, regulations or official orders within a + shelter; + 15. Failing to obey any executive order issued under this chapter; + 16. Unauthorized use of, or tampering with, a siren or other device + so as to simulate any alert or take-cover signal or the + termination of an alert or take-cover signal; and + 17. Such other activities as the city manager reasonably believes + should be prohibited to help preserve and maintain life, health, + property or the public peace. + + After the mayor and city council convene, all orders are subject to + their approval. +10. *Emergency services and volunteers*. The city manager may require + emergency services of any city officer or employees. If regular city + forces are determined inadequate, the city manager may request the + services of such other available personnel as can be obtained, + including citizen volunteers. All duly authorized persons rendering + emergency services shall be entitled to the privileges and + immunities as are provided by state law, the city Charter and + ordinances for regular city employees and other registered and + identified emergency management and disaster workers and, upon + demand, may receive appropriate compensation for their emergency + employment. +11. *Acceptance of emergency management funds*. The city manager shall + be empowered to accept any gifts, grants and loans from the federal + government, from the state, or from any person, entity, + organization, firm or corporation, as set out in various federal and + state emergency management and disaster relief laws. +12. *Succession*. In the event the city manager is unable to assume + emergency duties for any reason, the normal succession as designated + in the emergency operations plan by the city manager shall take + effect. In the event those individuals are unable to assume the city + manager duties, the mayor and city council shall designate an acting + city manager. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/17/2016\ +* +::: + +
+ +::: phx-name +[Sec 13-405 Duties And Emergency Powers Of The Emergency Management +Director](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-405_Duties_And_Emergency_Powers_Of_The_Emergency_Management_Director){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The emergency management director shall be responsible to the city +manager in regard to all phases of emergency management or disaster +activity. Under the supervision of the city manager, he shall be +responsible for the planning, coordination and operation of emergency +management/civil defense activity (disaster services) in the city. Under +the supervision of the city manager, he shall maintain liaison with the +state and federal authorities and the authorities of other nearby +political subdivisions as to ensure the most effective operations of the +emergency management program. His duties shall include, but not be +limited to, the following: + +1. Monitoring and maintaining an awareness of all threats to and + vulnerabilities of the city, including those that are natural, + manmade, or technological in nature; promoting actions to mitigate, + where possible, the threats and vulnerabilities identified; + coordinating and disseminating information concerning those threats + and vulnerabilities to the emergency management forces of the city, + the civilian population, and other interested parties; and providing + alerting and/or warning concerning impending threats to the + population of the city; +2. Developing and coordinating plans for the immediate use of all of + the facilities, equipment, manpower and other resources of the city + for the purpose of minimizing or preventing damage to persons and + property; and protecting and restoring to usefulness governmental + services and public utilities necessary for public health, safety + and welfare; +3. Coordinating the recruitment of volunteer personnel and agencies to + augment the personnel and facilities of the city for disaster + purposes; +4. Negotiating and concluding agreements with owners or persons in + control of buildings or other property for the use of such buildings + or other property for emergency purposes and designating suitable + buildings as public shelters; +5. Providing and promoting informational, educational, outreach, and + training programs to emergency management forces of the city, the + civilian population, and other interested parties as to the + mitigation of, preparation for, response to, and recovery from + disasters, civil emergencies and enemy attack, as defined herein; +6. Conducting practice exercises to ensure the efficient operation of + emergency and disaster forces and to familiarize disaster workers + and residents with disaster regulations, procedures and operations; +7. Maintaining and managing an emergency operations center and other + support facilities and locations during disaster operations, so as + to facilitate coordination of emergency management forces during + disasters, civil emergencies and enemy attack; +8. Coordinating the activity of all other public and private agencies + engaged in any disaster activity, real or implied; +9. Assuming such authority and conducting such activity as the city + manager may direct to promote and execute the emergency operations + plan; +10. Supporting long-term recovery efforts within the city after + disasters, civil emergencies and enemy attack; and promoting efforts + to increase the city\'s resiliency prior to, during, and after + emergency events; and +11. Documenting all activities conducted in support of emergency + management program objectives; and providing required information + and reports to the city manager, the Oklahoma Department of + Emergency Management (OEM), the Federal Emergency Management Agency + (\"FEMA\"), and other governmental agencies and organizations as + required and appropriate. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/17/2016\ +* +::: + +
+ +::: phx-name +[Sec 13-406 Emergency Operations +Plan](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-406_Emergency_Operations_Plan){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A comprehensive emergency operations plan shall be adopted and + maintained by the city council upon the recommendations of the city + manager and emergency management director. In the preparation of + this plan as it pertains to city organization, it is the intent that + the services, equipment, facilities and personnel of all existing + departments and agencies shall be utilized to the fullest extent. + When approved, it shall be the duty of all municipal departments and + agencies to perform the functions assigned by the plan and to + maintain their portion of the plan in a current state of readiness + at all times. The emergency operations plan shall be considered + supplementary as to this chapter and have the effect of law whenever + a disaster, as defined in this chapter, has been proclaimed. +2. The emergency management director shall prescribe in the plan those + positions within the disaster organization, in addition to his own, + for which lines of succession are necessary. In each instance, the + responsible person will designate and keep on file with the + emergency manager a current list of three persons as successors to + their position. The list will be in order of succession and will as + nearly as possible designate persons capable of carrying out all + assigned duties and functions. +3. Each service chief and department head assigned responsibility in + the plan shall be responsible for carrying out all duties and + functions assigned therein. Duties will include the organization and + training of assigned city employees and volunteers. Each chief or + department head shall formulate the standard operating procedures + and guidelines necessary to carry out the assigned duties and + functions. +4. Amendments to the emergency operations plan shall be submitted to + the city manager. If approved, the city manager will submit the + amendments to the city council with his recommendation for their + approval. Following city council approval, such amendments shall + take effect 30 days from the date of approval, unless an emergency + exists and is declared, at which time the approved amendments shall + become effective immediately. +5. Other plans relating to emergency and disaster mitigation, + preparedness, response and recovery may also be adopted and + maintained as deemed necessary. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/17/2016\ +* +::: + +
+ +::: phx-name +[Sec 13-407 Assistance Of Persons Outside City +Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-407_Assistance_Of_Persons_Outside_City_Government){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +When a required competency or skill for a disaster function is not +available within the city government, the appropriate department head in +consultation with the city manager is authorized to seek assistance from +persons outside of government. The assignment of duties, when of a +supervisory nature, shall also grant authority for the persons so +assigned to carry out such duties prior to, during and after the +occurrence of a disaster until revoked by the city manager. Such +services from persons outside of government may be accepted by the city +on a volunteer basis or through charges agreeable to the city and +contractor. Volunteers obtained to fill said needs shall be enrolled as +emergency management volunteers in cooperation with the heads of city +departments affected. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/17/2016\ +* +::: + +
+ +::: phx-name +[Sec 13-408 No Municipal Or Private +Liability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-408_No_Municipal_Or_Private_Liability){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. This chapter is an exercise by the city through its governmental + functions for the protection of the public peace, health and safety. + Neither the city, nor its agents and representatives or any + individual, receiver, firm, partnership, corporation, association, + or trustee, or any of the agents thereof, in good faith carrying + out, complying with or attempting to comply with any order, rule or + regulation promulgated pursuant to the provisions of this chapter, + shall be liable for any damage sustained to persons or property as + the result of said activity. +2. Any person owning or controlling real estate or other premises who + voluntarily and without compensation grants the city the right to + inspect, designate and use the whole or any part of such real estate + or premises for the purpose of sheltering persons during an actual, + impending or practice enemy attack or disaster shall not be civilly + liable for the death of, or injury to, any persons on or about such + real estate or premises under such license, privilege or other + permission, or for loss of, or damage to, the property of such + person. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/17/2016\ +* +::: + +
+ +::: phx-name +[Sec 13-409 Violation Of +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-409_Violation_Of_Regulations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It shall be unlawful for any person to violate any of the provisions of +this chapter or of the regulations or plans issued pursuant to the +authority contained herein, or to willfully obstruct, hinder or delay +any member of the emergency management organization, as herein defined, +in the enforcement of the provisions of this chapter or any regulation +or plan issued thereunder. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/17/2016\ +* +::: + +
+ +::: phx-name +[Sec 13-410 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-410_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person, firm or corporation violating any provisions of this chapter +or any rule or regulation promulgated thereunder, upon conviction +thereof, will be assessed a fine as established by section 1-108. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/17/2016\ +* +::: + +
+ +::: phx-name +[Sec 13-411 Violation Of Emergency Price Stabilization +Act](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-411_Violation_Of_Emergency_Price_Stabilization_Act){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager, upon the concurrence of a majority of the city +council, shall bring an action against any person, firm or individual +that violates the Emergency Price Stabilization Act, as outlined in 15 +O.S. § 777.1 et seq. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/17/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 13-5 EMERGENCY TELEPHONE AND ALARM +SYSTEMS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-5_EMERGENCY_TELEPHONE_AND_ALARM_SYSTEMS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 13-501 +Purposes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-501_Purposes){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-502 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-502_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-503 False +Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-503_False_Alarms){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-504 Notice Of False +Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-504_Notice_Of_False_Alarms){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-505 Emergency Call +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-505_Emergency_Call_Records){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-506 Operational Defects To Be +Remedied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-506_Operational_Defects_To_Be_Remedied){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-507 Notification Of +Tests](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-507_Notification_Of_Tests){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-508 Fire Inspection Of Alarm +Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-508_Fire_Inspection_Of_Alarm_Systems){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-509 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-509_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 13-501 +Purposes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-501_Purposes){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +While recognizing the value of effective alarm systems in deterring +crime and preventing fire losses and while encouraging the use of such +alarm systems, it is the purpose of this chapter to enhance and protect +the emergency services, to require minimum standards for alarm systems +and services therefor, and to license users thereof, to improve system +effectiveness and to reduce, insofar as possible, the misuse of +emergency public services. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[Sec 13-502 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-502_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following words, terms and phrases, when used in this chapter, + shall have the meanings ascribed to them in this subsection, except + where the context clearly indicates a different meaning:\ + *\ + 911 system* means an emergency phone system which is designed to + receive emergency phone calls by dialing the three-digit number + \"911.\" The system places person requesting emergency service in + touch with fire, police, and ambulance services by dialing the + three-digit number \"911.\"\ + *\ + Alarm business* means any person or firm engaged in the business of + installing, assisting in the installation, servicing, maintaining, + repairing, replacing, moving, or removing alarm systems in the city + and duly licensed by the state.\ + *\ + Alarm system* means any mechanism, equipment or device which is + designed to detect the presence of a fire, or an unauthorized entry + or activity in any building or on any property, or to direct + attention to a fire, robbery, burglary, or other emergency in + progress, and to signal the above occurrences either by a local or + audible alarm or by a silent or remote alarm, directly or indirectly + to the police or fire department. The following devices shall not + constitute alarm systems within the meaning of this chapter: + 1. Devices which do not activate alarms that are audible, visible, + or perceptible outside the protected premises;\ + 2. Devices which are not installed, operated or used for the + purpose of reporting an emergency, either directly or by third + party to the police or fire department;\ + 3. Alarm devices affixed to motor vehicles;\ + 4. Alarm devices installed on a temporary basis by the police or + fire department; and\ + 5. Alarm devices installed in or on premises owned or leased by the + city. + + *Answering service* means a telephone answering service providing, + among its services, the receiving, on a continuous basis through + trained employees, of emergency signals from alarm systems and the + subsequent relaying of messages to the police or fire department on + a person-to-person basis.\ + \ + *Automatic dialing device* means an alarm system which automatically + sends over regular telephone lines, by direction connection or + otherwise, any type of communication or message indicating the + existence of an emergency situation that the alarm system is + designed to detect.\ + \ + *Central station* means an office to which alarm systems are + connected, where operators supervise the circuits, and where guards + or servicemen are maintained continuously to investigate signals. + For purposes of fire alarms, information relay systems shall be in + compliance with the National Fire Prevention Association + (hereinafter \"NFPA\") standards as set forth in NFPA 71, Central + Station Signaling Systems, NFPA 72A, Local Protective Signaling + Systems, NFPA 72B, Auxiliary Protective Signaling Systems, or NFPA + 72C, Remote Station Protective Signaling Systems.\ + \ + *Direct line* means a telephone line leading directly from a central + station to the police or fire department, where such line is used + only to report emergency signals on a person-to-person basis.\ + \ + *Emergency* means the existence of a fire, or the commission or + attempted commission of a robbery, burglary or other criminal + action.\ + \ + *Employee* means any person who is employed by an alarm business and + who installs, services, maintains, repairs or replaces alarm systems + in the city.\ + \ + *Interconnect* means to connect a burglar alarm system or other + alarm system, including an automatic dialing device, to a telephone + line, either directly or indirectly, or through a mechanical device + that utilizes a telephone, for the purpose of using the telephone + line to transmit a message upon the activation of the alarm system.\ + \ + *Modified central station* means an office to which alarm systems + are connected, where operators supervise the circuits but where + guards are not maintained to investigate alarm signals.\ + \ + *Telephone dialing device* means a device which is interconnected to + a telephone line and is programmed to select a predetermined + telephone number and transmit by voice message or code signal an + emergency indicating a need for police, fire or medical responses.\ + \ + *Trunk line* means a telephone line leading into the police or fire + department and having the primary purpose of handling emergency + signals or messages on a person-to-person basis origination through + a central station, modified central station, or answering service. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[Sec 13-503 False +Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-503_False_Alarms){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The term \"false alarm\" means the activation of an alarm system through +mechanical failure, malfunction, the negligence of the alarm business +operator or his employees or agents, or the negligence of the owner, +user or lessee of an alarm system or his employees or agents, or which +otherwise elicits a response by a law enforcement agency or the fire +department when a situation requiring such response does not in fact +exist. The term \"false alarm\" shall also mean the activation of an +alarm, the purpose of which is to communicate or indicate a specific +emergency situation when in fact that specific emergency situation does +not exist. The term \"false alarm\" does not include, for example, +alarms activated by utility line mishaps, tornados, earthquakes, or +other violent conditions of nature, or other conditions clearly beyond +the control of the alarm manufacturer, installer, owner or user. + +1. False alarms include those caused by: + 1. *Error* or *mistakes*. Any action by any person, firm or + corporation, or other entity or agent thereof, owning or + operating any dwelling, building or place, which results in the + activation of any alarm system when no emergency exists; + 2. *Malfunction*. Any activation of any alarm system caused by a + flaw in the normal operation, design, installation, or + maintenance of the system, by faulty equipment or by a change in + the environment or premises upon or within which the alarm + system is operating; + 3. *Intentional misuse*. Any intentional activation of an alarm + system when no burglary, robbery, vandalism, fire or other + emergency is in progress. +2. An alarm will not be considered a false alarm if it is determined + that the alarm was caused by: + 1. Natural or manmade catastrophe, or an act of God. Such events + include tornadoes, floods, earthquakes or other similarly + violent conditions; + 2. Vandalism, causing physical damage to the premises; + 3. Telephone line outage; + 4. Attempted entry of a location causing visible, physical or other + evidence of damage to the location; + 5. Severe weather causing physical damage to the premises; or + 6. The testing of a local/audible alarm system by a licensed alarm + business agent or employee who is present at the premises + servicing, repairing or installing the alarm when such testing + does not result in the alarm being activated for an + uninterrupted period exceeding 60 seconds. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[Sec 13-504 Notice Of False +Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-504_Notice_Of_False_Alarms){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. If an excessive number of false alarms occur at any alarm location, + the police or fire departments shall give written notice to the + property owner and to the alarm business responsible for maintaining + and servicing the system to take corrective action within seven days + to prevent future false alarms. If future false alarms persist, the + owner/occupant may be issued a citation for each occurrence pursuant + to section 13-509 and 1-108. +2. An excessive number of false alarms shall be deemed to be: + 1. For businesses with less than 25 employees in any single + location: more than three false alarms within any three-month + period; + 2. For businesses with 25 or more employees in any single location: + more than six false alarms within any three-month period; or + 3. For residences: more than three false alarms within any + three-month period. +3. The provisions of this chapter shall be administered and enforced by + the chief of police and the fire chief. The fire chief or his + designee is authorized to make inspections of fire and other + emergency alarm systems and of the premises wherein the device or + system is located, or as otherwise provided herein. +4. Any inspection of an alarm location or premises shall be the same as + provided in the Code. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[Sec 13-505 Emergency Call +Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-505_Emergency_Call_Records){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Alarm businesses who request police or fire department response to alarm +signals shall maintain a record of all such emergency calls stating the +time, date, location of the alarm and the department called. The records +shall indicate the cause of the alarm and if the alarm is not caused by +fire, burglary, robbery, or other emergency, the records shall state +corrective action taken to prevent the recurrence of the alarm. This +record shall be current and shall be made available for inspection by +the chief of police and fire chief, or their designated representatives, +at any time during normal business hours. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[Sec 13-506 Operational Defects To Be +Remedied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-506_Operational_Defects_To_Be_Remedied){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The sensory mechanisms used in connection with any emergency alarm +system shall be adjusted to suppress false alarms due to changes in +water pipes, short flashes of light, wind noises, such as the rattling +or vibrating of doors or windows, vehicular noise adjacent to the +installation, or other forces unrelated to genuine alarms. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[Sec 13-507 Notification Of +Tests](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-507_Notification_Of_Tests){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Alarm businesses shall notify the police dispatcher at police +communications and shall notify the fire marshal or the fire department +dispatcher prior to any service, test, repair, maintenance, adjustment, +alteration or installation of any alarm system which would directly or +indirectly result in an emergency services response. Any alarm received +after such notification while the system is out of service shall not +constitute a false alarm. Alarm businesses shall notify the police and +fire departments when the system is back in service. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[Sec 13-508 Fire Inspection Of Alarm +Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-508_Fire_Inspection_Of_Alarm_Systems){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Once a police or fire response has been made to a false alarm at a +location, the fire chief or his designee, may inspect or have inspected +the alarm system, including any monitoring service relating thereto, to +determine if the system is being operated in accordance with state and +city regulations and guidelines. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[Sec 13-509 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-509_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Unless otherwise provided herein, any person found guilty of violating +any of the provisions of this chapter shall be guilty of an offense and, +upon conviction thereof, shall be punished as provided in section 1-108. +Every day that a violation exists shall constitute a separate violation +and shall be subject to the full penalty contained herein. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/2/2019\ +* +::: + +
+ +::: phx-name +[CHAPTER 13-6 HAZARDOUS MATERIAL INCIDENT COST RECOVERY +ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-6_HAZARDOUS_MATERIAL_INCIDENT_COST_RECOVERY_ORDINANCE){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 13-601 +Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-601_Title){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-602 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-602_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-603 Hazardous Materials Incidents; Liability For +Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-603_Hazardous_Materials_Incidents;_Liability_For_Costs){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 13-604 Methods Of +Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-604_Methods_Of_Enforcement){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 13-601 +Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-601_Title){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This chapter shall be known as the \"Hazardous Material Incident Cost +Recovery Ordinance.\" + +(Code 1999, § 13-601; Ord. No. 330(01), 7-2-2001) + +
+ +::: phx-name +[Sec 13-602 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-602_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Costs* means and includes, but is not limited to, the following: + +1. All costs incurred for response, containment and/or removal and + disposal of hazardous materials or remedial actions, to include + costs associated with transportation and temporary storage of + hazardous materials. +2. All costs incurred for ensuring the safety of the public, to include + costs incurred for actions taken on and off the site of the + hazardous material incident. +3. Damages for injury to, destruction of, or loss of natural resources, + as determined by the appropriate local, state or federal agency, + including the reasonable costs of assessing such injury, + destruction, or loss resulting from a hazardous material incident. +4. Health care costs for persons or animals injured from a hazardous + material incident or costs of any health assessment or health + effects study carried out as a necessity resulting from a hazardous + material incident. +5. Labor, including benefits, overtime and administrative overhead for + government employees. +6. The costs of operating, maintaining, leasing, repairing and + replacing equipment. +7. Contract labor and equipment. +8. Labor and equipment obtained by the city. +9. Materials, including, but not limited to, absorbents, foams, + dispersants, neutralization agents, overpack drums or containers. +10. Supervision of cleanup and abatement. + +*Hazardous material incident* means actual or threatened release of +hazardous substances or material, including hazardous waste, which pose +an imminent threat to the environment, and to health, safety or welfare +of the population. + +*Hazardous substance* includes any solution, mixture, or formulation +containing hazardous material, or any material which, due to its +chemical or physical characteristics, is determined by the county to +pose a substantial threat to the life, health, or safety of persons or +property or to the environment. The term \"hazardous substance\" +includes, but is not limited to, explosives, radioactive materials, +petroleum products, gases, poisons, biologic agents, flammables and +corrosives. + +*Natural resources* means land, fish, wildlife, biota, air, water, +groundwater, drinking water supplies, and other such resources belonging +to, managed by, held in trust by, appertaining to, or otherwise +controlled by the city. + +*Person* means an individual, firm, corporation, association, +partnership, commercial entity, consortium, joint venture, governmental +entity, or any other legal entity. + +*Recovery* means restoration to pre-event conditions. + +*Release* means the accidental or intentional, sudden or gradual +spilling, leaking, pumping, pouring, emitting, emptying, discharging, +injecting, escaping, leaching, dumping or disposing into the +environmental (including the abandonment or discarding of barrels, +containers and other receptacles containing any hazardous material or +substance or waste or pollutant or contaminant). + +*Response* means the provision of emergency and non-emergency assistance +during and following an incident and to reduce the likelihood of +secondary damage. + +*Responsible party* means the person whose act or omission caused a +release; or the person who owned or had custody or control of the +hazardous substance or waste at the time of such release without regard +to fault or proximate cause; or the person who owned or had custody or +control of the container which held the hazardous substance at the time +or immediately prior to such release without regard to fault or +proximate cause. + +(Code 1999, § 13-602; Ord. No. 330(01), 7-2-2001) + +
+ +::: phx-name +[Sec 13-603 Hazardous Materials Incidents; Liability For +Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-603_Hazardous_Materials_Incidents;_Liability_For_Costs){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any responsible party who causes a hazardous material incident shall + be liable for the payment of all reasonable and necessary costs, + pursuant to the fee schedule of the city, as if fully set out + herein, incurred by the city for response to and remediation of such + an incident. +2. The city will seek all available remedies at law, including, but not + necessarily limited to, this chapter and state and federal statutes, + against any parties responsible for any hazardous materials event. + +(Code 1999, § 13-603; Ord. No. 330(01), 7-2-2001) + +
+ +::: phx-name +[Sec 13-604 Methods Of +Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-604_Methods_Of_Enforcement){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Civil action*. The city may enforce these provisions by civil + action in a court of competent jurisdiction for the collection of + any amounts due hereunder plus administrative collection costs, + attorney\'s fees, or for any other relief that may be appropriate. A + certified copy of a judgment in favor of the city may be recorded in + the public records and thereafter shall constitute a lien upon any + real or personal property owned by such persons and such lien shall + be coequal with the lien of all state, district and municipal taxes + superior in dignity to all other liens, titles, and claims until + paid or extinguished. +2. *Other remedies*. This chapter shall not prohibit the city from + pursuing any other remedy, whether civil or criminal, or from + instituting any appropriate action or proceedings, including + injunction in a court of competent jurisdiction; nor shall the + recovery of expenses under this chapter in any way release the + various parties, or limit them, from legal liability incurred as a + result of hazardous material cleanup or abatement as defined under + any local, state or federal rule or regulation. + +(Code 1999, § 13-604; Ord. No. 330(01), 7-2-2001) + +
+ +::: {.phx-name .phx-break} +[PART 14 STREETS AND +SIDEWALKS](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_14_STREETS_AND_SIDEWALKS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 14-1 GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-1_GENERAL_PROVISIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 14-2 CURB AND STREET +CUTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-2_CURB_AND_STREET_CUTS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 14-3 CITY +RIGHTS-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-3_CITY_RIGHTS-OF-WAY){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Municipal roads and streets, 11 O.S. § 36-101 +et seq.\ + +
+ +::: phx-name +[CHAPTER 14-1 GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-1_GENERAL_PROVISIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 14-101 Obstructions +Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-101_Obstructions_Generally){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-102 Interfering With Street, Free Flow Of +Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-102_Interfering_With_Street,_Free_Flow_Of_Traffic){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-103 Removal Of Trees And Shrubs Obstructing View Of +Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-103_Removal_Of_Trees_And_Shrubs_Obstructing_View_Of_Traffic){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-104 Display Of Sale Of Goods, Wares And +Merchandise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-104_Display_Of_Sale_Of_Goods,_Wares_And_Merchandise){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-105 No Structures On Or Over Streets And +Sidewalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-105_No_Structures_On_Or_Over_Streets_And_Sidewalks){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-106 Playing +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-106_Playing_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-107 Unlawful To Injure Trees, +Shrubbery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-107_Unlawful_To_Injure_Trees,_Shrubbery){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-108 Street Numbering +System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-108_Street_Numbering_System){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-109 Duties Of Owners And Occupants Of Adjacent Property Relative +To Sidewalk Obstructions, +Hazards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-109_Duties_Of_Owners_And_Occupants_Of_Adjacent_Property_Relative_To_Sidewalk_Obstructions,_Hazards){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-110 Sidewalk +Repairs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-110_Sidewalk_Repairs){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-111 Sidewalk Construction Specifications, +Width](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-111_Sidewalk_Construction_Specifications,_Width){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-112 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-112_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 14-101 Obstructions +Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-101_Obstructions_Generally){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to obstruct in any manner any street, +alley, sidewalk or other public way by leaving or permitting to remain +thereon or therein any vehicle, object, material, structure, fence or +other obstruction of any kind. + +(Code 1999, § 14-101) + +
+ +::: phx-name +[Sec 14-102 Interfering With Street, Free Flow Of +Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-102_Interfering_With_Street,_Free_Flow_Of_Traffic){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful to: + 1. Obstruct any public street, public highway, public sidewalk or + any other public place or building by hindering or impeding or + tending to hinder or impede the free and uninterrupted passage + of vehicles, traffic or pedestrians; or + 2. Commit in or upon any public street, public highway, public + sidewalk or any other public place or building any act or thing + which is an obstruction or interference to the free and + uninterrupted use of property or with any business lawfully + conducted by anyone in or upon or facing or fronting on any such + public street, public highway, public sidewalk or any other + public place or building, all of which prevents the free and + uninterrupted ingress, egress, and regress, therein, thereon and + thereto. +2. When any person causes or commits any of the conditions enumerated + in subsection (A) of this section, a police officer or any law + enforcement officer shall order that person to stop causing or + committing such conditions and to move on or disburse, or to remove + any obstructions. Any person who fails or refuses to obey such + orders shall be guilty of a violation of this section. + +(Prior Code, 20-5; Code 1999, § 14-102) + +
+ +::: phx-name +[Sec 14-103 Removal Of Trees And Shrubs Obstructing View Of +Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-103_Removal_Of_Trees_And_Shrubs_Obstructing_View_Of_Traffic){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The owner of every lot or parcel of land in the city upon which any + trees, shrubs or plants are growing, or upon which any obstruction + has been placed, shall remove such trees, shrubs, plants or + obstruction, or parts thereof, if they are so situated as to + constitute a traffic hazard by obstructing the view of any driver of + any vehicle on the streets of the city to the extent that the driver + is unable to observe the approach of other vehicles on streets and + alleys and at intersections. +2. The owner of any premises abutting on any street shall trim all + trees and shrubbery growing in the parking, between the sidewalks + and the roadway, of any such street, and all trees and shrubbery + growing on any part of the premises adjacent to the sidewalks or any + street or alley in such manner that the boughs or limbs thereof + shall not obstruct free and convenient passage, sight and travel + along the streets, sidewalks and alleys. If premises are occupied by + some person other than the owner, such occupant shall trim the trees + and shrubbery in the same manner as hereinbefore required of the + owner. Such trees and shrubbery shall be trimmed so that the lowest + branches or foliage shall not be lower than ten feet above the + roadway of a street or alley, nor lower than eight feet above the + sidewalk. +3. Any owner or occupant who fails, refuses or neglects to trim trees + and shrubbery as provided in this section, after receiving five + days\' notice from the city manager or his designee to do so, is + guilty of an offense against the city. In addition to any fine or + punishment as an offense, the city may act to abate the nuisance. + Every day that the owner or occupant fails, refuses or neglects to + trim such trees or shrubbery after the expiration of the five days\' + notice shall be a separate offense. + +(Prior Code, § 20-3; Code 1999, § 14-103) + +
+ +::: phx-name +[Sec 14-104 Display Of Sale Of Goods, Wares And +Merchandise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-104_Display_Of_Sale_Of_Goods,_Wares_And_Merchandise){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Except as otherwise provided in this Code, it is unlawful for any + person to display any goods, wares or merchandise for sale, or to + sell the same, on any street, alley or sidewalk, or from any vehicle + parked thereon, in the corporate limits of the city. Each separate + sale or offer to sell in violation hereof shall constitute a + separate offense. +2. Any vehicle parked on the streets, alleys or sidewalks for the + purpose of making merchandise available for sale by the methods + prohibited by this section shall be promptly moved by the driver + upon order of the police of the city, and if not promptly moved, the + same shall be towed from such location upon order of the police + department, and the driver or custodian of the vehicle shall also be + deemed guilty of an offense. +3. In each instance where an individual is guilty of an offense under + the provisions of this section, the person for whom such individual + is acting in the capacity of an agent or employee shall be guilty of + a separate offense. + +(Code 1999, § 14-104) + +
+ +::: phx-name +[Sec 14-105 No Structures On Or Over Streets And +Sidewalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-105_No_Structures_On_Or_Over_Streets_And_Sidewalks){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful for any person to erect or construct, or cause to be + erected or constructed, any cellar or basement way, stairway, door, + awning post, canopy or any other kind of structure projecting into, + upon or over, and adjoining any street or sidewalk within the city, + except that the city engineer may, in his discretion, authorize the + same to be done, where the public health, safety and necessity + demand, by granting a permit therefor. +2. Upon the granting of a permit under this section, conditions as to + the erection of the structure through, upon or over any street or + sidewalk may be fixed by the city engineer, and a contract shall be + entered into as to the maintenance of the structure and as + indemnifying agreement secured, indemnifying and saving the city + harmless from any loss, costs or damage by reason of the structure + projecting into, upon or over, and adjoining any street or sidewalk + within the fire limits of the city. + +(Prior Code, § 20-2; Code 1999, § 14-105) + +
+ +::: phx-name +[Sec 14-106 Playing +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-106_Playing_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to engage in any sport, game, amusement or +to play in, on or across the main-travelled portion of any sidewalk, +street, avenue or alley of the city except as may be authorized by +ordinance. + +(Prior Code, § 20-4; Code 1999, § 14-106) + +
+ +::: phx-name +[Sec 14-107 Unlawful To Injure Trees, +Shrubbery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-107_Unlawful_To_Injure_Trees,_Shrubbery){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to injure any tree or shrubbery on a +street or alley in the city. This section shall not prohibit the lawful +and proper care and removal of such trees and shrubbery. + +(Code 1999, § 14-107) + +
+ +::: phx-name +[Sec 14-108 Street Numbering +System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-108_Street_Numbering_System){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All streets in the city shall be named and known as provided in this + section. The principal streets of the city shall be: Main Street, + being the street bearing that name at this time and running east and + west through the city, and Broadway, the street now bearing that + name and running north and south through the city. +2. The city shall be divided into four quarters as created by Main + Street and Broadway, and all streets and avenues in the northeast + quarter as thus divided shall be addressed with \"Northeast\" + prefixed to the name; all streets and avenues in the southeast + quarter shall be addressed with \"Southeast\" prefixed to the name; + all streets and avenues in the southwest quarter shall be addressed + with \"Southwest\" prefixed to the name; and all streets and avenues + in the northwest quarter shall be addressed with \"Northwest\" + prefixed to the name. + +(Prior Code, §§ 20-91, 20-92; Code 1999, § 14-108) + +
+ +::: phx-name +[Sec 14-109 Duties Of Owners And Occupants Of Adjacent Property Relative +To Sidewalk Obstructions, +Hazards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-109_Duties_Of_Owners_And_Occupants_Of_Adjacent_Property_Relative_To_Sidewalk_Obstructions,_Hazards){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful for any person to allow any obstruction of any kind + to accumulate in the sidewalk in front of his premises. All owners + and occupants of property are required to keep their premises and + the sidewalks, gutters, streets and alleys adjacent thereto free + from weeds, trash and all obstructions and to remove such weeds, + trash and obstructions from such places. +2. It is unlawful to deposit, throw or sweep into or upon a street, + alley, parking or sidewalk of the city any trash, weeds, tree + trimmings, dirt or any other refuse of any kind. + +(Code 1999, § 14-109; Ord. No. 110(95), 1-17-1995) + +
+ +::: phx-name +[Sec 14-110 Sidewalk +Repairs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-110_Sidewalk_Repairs){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Repairs in all sidewalks shall be of the same material as the original +walk or as may be required otherwise by the city. Sidewalk repairs shall +be approved by the city. + +(Prior Code, § 20-58; Code 1999, § 14-110) + +
+ +::: phx-name +[Sec 14-111 Sidewalk Construction Specifications, +Width](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-111_Sidewalk_Construction_Specifications,_Width){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. This section governs the construction of concrete sidewalks. In + excavating for concrete sidewalks, the ground shall be brought to a + subgrade of not less than four inches below the finished grade of + the walks. The subgrade shall be thoroughly tamped if necessary to + furnish a solid foundation. +2. The provisions of the \"Standard Specifications for Highway + Construction, Oklahoma Department of Transportation, 1988 Edition\" + (hereinafter referred to as Standard Specifications) as referenced + in this section are hereby adopted and incorporated herein by + reference. +3. Materials for the construction of concrete sidewalks shall meet the + requirements specified in the following subsection of section + 700---Materials of the Standard Specifications: Portland Cement + Concrete, Class A, Subsection 701.01. +4. All forming, placing and finishing shall be in accordance with + subsection 414.04 of the Standard Specifications. A sawed joint + shall be made to connect the old and new pavements. + 1. Contraction joints shall be of the dimensions specified. The + sidewalk shall be divided into sections by dummy joints formed + by a jointing tool or other acceptable means as approved by the + city engineer. These dummy joints shall extend into the concrete + for at least one-third of the depth and shall be approximately + one-eighth inch wide; + 2. Expansion joints shall be formed around all appurtenances such + as manholes, utility poles, etc., extending into and through the + sidewalk, driveway or dividing strip. Premoulded expansion joint + filler one-half inch thick shall be installed in these joints. + Expansion joint filler of the thickness indicated shall be + installed between the concrete and any fixed structure such as a + building or bridge. This expansion joint material shall extend + for the full depth of the concrete; + 3. Concrete shall be cured for at least 72 hours. Curing shall be + by means of moist burlap or mats or by other approved methods. + During the curing period all traffic, both pedestrian and + vehicular, shall be excluded. Vehicular traffic shall be + excluded for such additional time as the city engineer shall + direct; + 4. The general practice of crowning the walks in the residence + districts is hereby prohibited. All walks shall be constructed + with a flat surface pitching toward the curbline at the rate of + one-fourth inch per foot; + 5. All sidewalks shall be four feet in width in residential areas + or sections and eight feet in width in commercial/industrial + areas. The outside line of four-foot walks shall be six feet + from the front property line and the outside line of eight-foot + walks shall be eight feet from the front property line; + 6. The sides of sidewalks and driveways shall be backfilled as soon + as the forms have been removed and the required pointing up of + honeycombed areas completed. The backfill shall be of approved + earth, thoroughly compacted in layers not exceeding six inches + in depth as shown on the plans or in a manner approved by the + city engineer. Care shall be taken not to damage the concrete or + bituminous material in placing or compacting the backfill. Where + the general elevation of the adjacent ground surface is lower + than the top of the sidewalk or driveway, the minimum width of + the backfill shall be two feet; + 7. Sidewalks shall be protected from traffic using substantial + barricades for a period of seven days for concrete unless + otherwise permitted or ordered by the city engineer. +5. No brick sidewalks shall be built within the city without prior + approval of the city. + +(Prior Code, §§ 20-56, 20-57, 20-59, 20-60; Code 1999, § 14-111) + +
+ +::: phx-name +[Sec 14-112 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-112_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person who violates any provision of this chapter is guilty of an +offense, and, upon conviction thereof, shall be punished as provided in +section 1-108. Each day upon which a violation continues shall +constitute a separate offense. + +(Code 1999, § 14-112) + +
+ +::: phx-name +[CHAPTER 14-2 CURB AND STREET +CUTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-2_CURB_AND_STREET_CUTS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 14-2A +STREETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2A_STREETS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 14-2B CURB +CUTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2B_CURB_CUTS){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 14-2A +STREETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2A_STREETS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 14-201 Unlawful To Cut Without +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-201_Unlawful_To_Cut_Without_Permit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-202 +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-202_Permit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-203 Fee, +Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-203_Fee,_Bond){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-204 Notification Of Completion Of +Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-204_Notification_Of_Completion_Of_Work){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-205 No +Delays](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-205_No_Delays){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 14-201 Unlawful To Cut Without +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-201_Unlawful_To_Cut_Without_Permit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to cut the pavement or curb in or on any +of the streets, sidewalks, avenues or alleys in the city for the purpose +of laying pipe or other connections for utilities, or to cut or +otherwise injure the pavement or curb on any of the streets, avenues or +alleys for any purpose whatsoever without a permit therefor as provided +by this chapter. + +(Prior Code, § 20-31; Code 1999, § 14-201) + +
+ +::: phx-name +[Sec 14-202 +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-202_Permit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person who desires to lay pipes or lines for the purpose of making +and preparing any connections to utilities which will require the +cutting of the pavement to make such connections shall first procure +from the city engineer a written permit to cut such pavement or curb and +make such installations for the proposed purpose or otherwise. No person +shall have any right or authority to construct or install any pipes or +lines or otherwise cut the pavement or curbs without first having +secured such permit. + +(Prior Code, § 20-31; Code 1999, § 14-202) + +
+ +::: phx-name +[Sec 14-203 Fee, +Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-203_Fee,_Bond){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person desiring to cut the pavement or other hard surface on any +street or sidewalk in the city shall pay a fee for the permit and +deposit a bond in such sum as is set by the city. The fee shall be in +such amount as set by the city council by motion or resolution. + +(Prior Code, § 20-31; Code 1999, § 14-203) + +
+ +::: phx-name +[Sec 14-204 Notification Of Completion Of +Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-204_Notification_Of_Completion_Of_Work){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All permittees shall, when they have completed the work for which such +cut has been made, notify the city of the completion of such work in +order that the same may be repaired. + +(Code 1999, § 14-204) + +
+ +::: phx-name +[Sec 14-205 No +Delays](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-205_No_Delays){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any permittee cutting pavement by virtue of a permit as authorized +herein shall perform the excavation or other work without delay or +interruption. + +(Code 1999, § 14-205) + +
+ +::: phx-name +[ARTICLE 14-2B CURB +CUTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2B_CURB_CUTS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 14-211 +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-211_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-212 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-212_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-213 +Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-213_Inspection){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-214 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-214_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 14-211 +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-211_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful for any person to cut, break, tear out or remove the + curbing or any part thereof along the street in the city for any + purpose except upon the following conditions: Any person who desires + to cut any curbing in the city shall first obtain a permit from the + city before doing so. Application for such permit shall be in + writing addressed to the city engineer and shall state the time and + place that the applicant desires to break the curbing. The + application shall contain such other information as is required by + the city engineer. +2. The city engineer may, in his discretion, refuse to approve any + permit to cut any curbing along the streets of the city when in his + opinion the cutting of the curbing shall constitute a traffic + hazard, or interfere in any way with the safety of the public in the + use of the street or adjacent sidewalk, or in any way deteriorate or + damage the street or interfere with the use thereof by the public. + Only such portions of any curbing may be cut or removed as in the + opinion of the city engineer may be consistent with and not + detrimental to the general public welfare. + +(Code 1999, § 14-211) + +
+ +::: phx-name +[Sec 14-212 +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-212_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A fee as set by the city council by motion or resolution shall be paid +to the city prior to obtaining the permit required in this article. + +(Code 1999, § 14-212) + +
+ +::: phx-name +[Sec 14-213 +Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-213_Inspection){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The removing of such curbing, the construction of the driveway and all +other parts of the work in connection therewith shall be subject to the +inspection and approval of the city engineer. + +(Code 1999, § 14-213) + +
+ +::: phx-name +[Sec 14-214 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-214_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person who violates any provision of this article shall be guilty of +a misdemeanor and, upon conviction, shall be punished as provided in +section 1-108. + +(Code 1999, § 14-214) + +
+ +::: phx-name +[CHAPTER 14-3 CITY +RIGHTS-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-3_CITY_RIGHTS-OF-WAY){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 14-3A CONSTRUCTION WITHIN CITY-OWNED +RIGHTS-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3A_CONSTRUCTION_WITHIN_CITY-OWNED_RIGHTS-OF-WAY){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 14-3B DESIGN AND CONSTRUCTION OF WIRELESS +FACILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3B_DESIGN_AND_CONSTRUCTION_OF_WIRELESS_FACILITIES){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 14-3A CONSTRUCTION WITHIN CITY-OWNED +RIGHTS-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3A_CONSTRUCTION_WITHIN_CITY-OWNED_RIGHTS-OF-WAY){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 14-301 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-301_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-302 Registration +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-302_Registration_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-303 Registration; +Fine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-303_Registration;_Fine){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-304 +Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-304_Powers){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-305 Obtaining A Rights-Of-Way Contractor/Subcontractor +Registration; Refusal Of +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-305_Obtaining_A_Rights-Of-Way_Contractor/Subcontractor_Registration;_Refusal_Of_Registration){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-306 Criminal History Records Search Or Background +Check](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-306_Criminal_History_Records_Search_Or_Background_Check){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-307 Contractor/Subcontractor Registration Certificate, Business +Limitations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-307_Contractor/Subcontractor_Registration_Certificate,_Business_Limitations){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-308 Registration +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-308_Registration_Fee){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-309 Applicability Of Contractor/Subcontractor +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-309_Applicability_Of_Contractor/Subcontractor_Registration){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-310 Issuance Or Denial Of +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-310_Issuance_Or_Denial_Of_Registration){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-311 Change In Contractor\'s Name, Address, Legal Service Agent, +Or Cease Of Business; +Notification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-311_Change_In_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business;_Notification){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-312 Certificate Of +Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-312_Certificate_Of_Renewal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-313 Permits +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-313_Permits_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-314 Applications For Work In +Right-Of-Way](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-314_Applications_For_Work_In_Right-Of-Way){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-315 Emergency +Conditions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-315_Emergency_Conditions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-316 Errors Within City +Plans](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-316_Errors_Within_City_Plans){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-317 Validity Of +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-317_Validity_Of_Permit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-318 Expiration Of +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-318_Expiration_Of_Permits){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-319 +Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-319_Inspection){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-320 Reimbursement; Cost Of +Completion](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-320_Reimbursement;_Cost_Of_Completion){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-321 Reimbursement; Cost Of +Repair](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-321_Reimbursement;_Cost_Of_Repair){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-322 +Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-322_Exemption){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-323 +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-323_Revocation){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-324 Violation And +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-324_Violation_And_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 14-301 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-301_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*City utilities* means any and all facilities conveying water, sanitary +sewage, storm waters, or vehicular and pedestrian traffic or any other +utilities that are owned by the city, or any other federal agency. + +*Facilities* means sidewalks, roadways, sod, streetscapes, lines, +conduits, ducts, poles, wires, cables, receivers, pipes, culverts, +mains, cross arms, and other devices used, operated, or maintained for +movement of liquids, gasses, people, or information. + +*Private utilities* means any and all electric, heating gas, telephone +and television signal, internet, or wireless carrier facilities or any +other utilities not owned by the city, or any other federal agency. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +Amended by Ord. +[881(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/4/2018\ +* +::: + +
+ +::: phx-name +[Sec 14-302 Registration +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-302_Registration_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any contractor or subcontractor whose activities are within or upon any +city-owned rights-of-way or easement is hereby required to register with +the city before engaging in such activities. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-303 Registration; +Fine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-303_Registration;_Fine){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A person may not engage in the business nor act in the capacity of a + contractor or subcontractor within the city nor may that person + bring or maintain any claim, action, suit, or proceeding in any + court of the state related to the person\'s business or capacity as + a contractor or subcontractor without a valid registration as + provided in this chapter. +2. A person who fails to obtain a valid registration prior to acting as + a contractor or subcontractor as defined in this chapter, a person + who acts as a contractor or subcontractor while his registration is + suspended or revoked, or a person who violates any provision of this + section shall be guilty of a violation, upon conviction, punishable + by a fine not to exceed \$500.00. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-304 +Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-304_Powers){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city is authorized to employ personnel and procure such supplies and +equipment as may be necessary to carry out and implement the provisions +of this chapter, subject to budgetary limitations and funding. The city +may promulgate forms to implement the provisions of this chapter. The +city may administer any provision of this chapter through use of the +Internet or other technology as deemed necessary or appropriate. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-305 Obtaining A Rights-Of-Way Contractor/Subcontractor +Registration; Refusal Of +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-305_Obtaining_A_Rights-Of-Way_Contractor/Subcontractor_Registration;_Refusal_Of_Registration){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. To obtain a contractor registration under this chapter, an applicant + who is 18 years of age or older shall submit, on forms the city + prescribes, an application for registration. A copy of the + contractor\'s certificate of liability insurance shall be filed with + the application and shall be not less than \$500,000.00. Any + insurance company issuing a liability policy to a contractor + pursuant to the provisions of this chapter shall be required to + notify the city in the event such liability policy is cancelled for + any reason or lapses for nonpayment of premiums. In addition, the + contractor shall submit proof that the contractor has secured + workers\' compensation coverage satisfactory under the Workers\' + Compensation Act, or an affidavit of exemption or self-insurance as + authorized pursuant to the Workers\' Compensation Act. If the city + deems it appropriate or necessary, the city may also require other + information to be included on the application form to assist the + city in registering the person as a contractor. The application + shall contain statements that the applicant desires the issuance of + a contractor registration certificate; that the applicant will + comply with the provisions of this chapter; that the applicant will + comply with state laws and local ordinances relating to standards + and permits; that the applicant has or has not been registered or + licensed as a contractor in another state and whether any + disciplinary action was taken against such registration or license + or whether it is still in good standing; and that the nonresident + applicant appoints the secretary of state as legal service agent for + all lawful process to be served upon the applicant for work + performed in the state or as otherwise provided in this chapter. +2. The city shall refuse to register any person if the city determines: + 1. The application contains false, misleading, or incomplete + information; + 2. The applicant fails or refuses to provide any information + requested by the city; + 3. The applicant fails or refuses to pay the required fees; + 4. The applicant is ineligible for registration due to a suspended + or revoked registration in the state; + 5. The nonresident applicant has a revoked or suspended + registration or license required by law for contractors in + another state; or + 6. The applicant has failed or refuses to submit any taxes due in + the state. +3. The city shall notify the applicant in writing if the city denies a + registration or renewal certificate, and shall provide the applicant + an opportunity to respond to or cure any defect in the written + application or renewal for a period of ten days from the date of the + written notification. An applicant aggrieved by a decision of the + city denying a registration or renewal may appeal the decision to + the city manager as provided in the Administrative Procedures Act, + or the applicant may reapply after a 90-day waiting period, if + otherwise eligible in the provisions of this chapter. The + application and renewal fees shall not be refundable. +4. The city shall classify as not in good standing the registration of + any contractor who fails to: + 1. Maintain liability insurance coverage; + 2. Maintain workers\' compensation coverage satisfactory under the + Workers\' Compensation Act, or provide an affidavit of exemption + or self-insurance as authorized pursuant to the Workers\' + Compensation Act; + 3. File, renew, or properly amend any fictitious name certificate; + 4. Maintain an active status of a corporation or registration as a + foreign corporation, a limited liability company or registration + as a foreign limited liability company, a limited liability + partnership registration or foreign limited liability + partnership registration, or a limited partnership certificate + or limited partnership or foreign limited partnership + certificate of authority, with the office of the secretary of + state; + 5. File or renew a trade name registration; + 6. Maintain or renew a contractor registration as provided in this + chapter; + 7. Notify the city of a change in name, address, legal business + entity, or legal service agent; + 8. Maintain a registration as required by law in another state + while registered in the state as a nonresident contractor; or + 9. File and pay all taxes when due in the state. +5. The city shall send a written notice to the person when his + registration is not in good standing. Any contractor who has been + notified by the city that his registration is not in good standing + shall cease soliciting or entering new services and projects as of + the date of such notification; however, the contractor shall be + allowed to complete projects where actual physical work has begun + prior to the date of issuance of the notice that his registration is + not in good standing. If the contractor fails to correct the + deficiency specified in the notice by evidence satisfactory to the + registrar within 30 days of the date of the notice, or if the + contractor solicits or enters into new services contracts or + projects while the contractor\'s registration is not in good + standing, or while such registration is suspended or revoked, the + contractor shall be in violation of the provisions of this chapter. + Any registration that remains not in good standing for a 60-day + period shall be suspended on the 60th day from the date of issuance + of the notice to the contractor that his registration is not in good + standing. Any registration that remains not in good standing, and is + suspended for such cause, shall be revoked on the 90th day from the + date of issuance of the notice to the contractor that his + registration is not in good standing. The city shall notify the + contractor upon suspension or revocation of his registration for + failure to comply in bringing such registration into good standing + as required by law. The contractor may reinstate his registration to + good standing by paying the required fees provided in section 14-308 + and complying with all other requirements for issuance of a + registration in good standing. Any person aggrieved by the decision + of the city to suspend or revoke a registration pursuant to this + section may appeal such decision to the city manager\'s office. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-306 Criminal History Records Search Or Background +Check](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-306_Criminal_History_Records_Search_Or_Background_Check){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. When deemed appropriate, the city may conduct a criminal history + records search or background check on any applicant or registered + contractor and may investigate the information submitted on a + contractor application or renewal form, provided no adverse action + may be taken against the person until the person has been notified + and given an opportunity to respond in writing. +2. The city, its agents, employees and assigns shall not be liable and + are granted immunity for the acts or omissions of any registered + contractor or its employees, or for any person\'s failure or + omission to properly disclose any information on an application or + renewal form, including, but not limited to, pending criminal + charges, arrests or prior criminal history records, disclosure of + his contractor registration status, or his qualifications to perform + or act as a contractor. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-307 Contractor/Subcontractor Registration Certificate, Business +Limitations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-307_Contractor/Subcontractor_Registration_Certificate,_Business_Limitations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The holder of a contractor registration certificate governed by this +chapter is entitled to engage in the business within the city\'s +rights-of-way or easements pursuant to the provisions of this chapter, +and subject to the following limitations: + +1. A contractor\'s registration certificate number shall be valid and + in good standing at the time of soliciting a project and during + subsequent job performance; +2. A contractor\'s registration certificate number shall be submitted + when applying for any permit issued by the state, or any of its + political subdivisions, for projects within the rights-of-way or + easement services or projects, if a permit is required by such + authority, and shall be written upon each permit issued; +3. A contractor\'s registration certificate cannot be shared or used by + any other individual or business entity; provided, however, a + business firm, partnership, association, corporation, limited + liability company, or other group or combination thereof acting as a + unit may be granted a single registration certificate number for use + by designated contractors acting as agents for the business entity + when the application for registration contained sufficient + information on each member, partner, officer and agent; +4. Upon any change to the name, address, business entity, or legal + service agent of a contractor, the city shall be notified in + writing; +5. A contractor shall comply with state laws and local ordinances + relating to standards and permits for right-of-way or easement + services and projects; and +6. A contractor must pay taxes due in the state. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-308 Registration +Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-308_Registration_Fee){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. At the time of making application for a contractor registration + certificate pursuant to this chapter, the applicant shall pay to the + city a fee to be set by the city in the city schedule of fees. +2. All monies collected by the city for a contractor registration + application, renewal and other fee assessment shall be deposited by + the city into the general fund. +3. The fee to be submitted with an application for a contractor + registration may be prorated as set by the city. Unless prorated at + the time of initial registration, fees shall be paid in the amount + stated in subsection (A) of this section and such registration + certificates shall expire June 30 each year. +4. A renewal fee for a contractor registration shall be set by the city + in the city schedule of fees. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-309 Applicability Of Contractor/Subcontractor +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-309_Applicability_Of_Contractor/Subcontractor_Registration){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This does not apply to any work performed for the city under municipal +contract. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-310 Issuance Or Denial Of +Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-310_Issuance_Or_Denial_Of_Registration){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Within 25 calendar days from the date of application, the city shall +either issue or deny the contractor registration. No registration shall +be issued to an applicant until the city receives all documentation and +fees necessary to obtain a registration certificate in good standing. +The registration certificate issued on an original application entitles +the person to act as a contractor within the city\'s rights-of-way or +easements subject to the limitations of this chapter, until the +expiration of the then current fiscal year ending June 30, except that +an initial registration issued in May or June is valid until June 30 of +the subsequent year. On the effective date of the ordinance from which +this chapter is derived, a prorated registration certificate issued +between January 1, 2011, and April 30, 2011, shall be valid until June +30, 2011. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-311 Change In Contractor\'s Name, Address, Legal Service Agent, +Or Cease Of Business; +Notification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-311_Change_In_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business;_Notification){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No later than ten days after the date of a change in a contractor\'s +name, address, or legal service agent, or upon a registered contractor +ceasing business as a contractor, the person shall notify the city of +the change on a form provided by the city. A name, address, or legal +service agent change shall be accompanied by a fee to be set by +resolution. A person may not change his name under an active +registration certificate if the change is associated with a change in +the legal status of the business entity other than a change in marital +status. Doing business under a new business name or change in legal +status of a business requires issuance of a new registration +certificate. When a registered contractor ceases to be active as a +contractor, the city shall suspend the registration certificate of such +contractor. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-312 Certificate Of +Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-312_Certificate_Of_Renewal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any contractor registration certificate issued under this chapter + may be renewed for each successive fiscal year by obtaining from the + city a certificate of renewal. To obtain a certificate of renewal, + the person shall file with the city a renewal application by June 30 + and pay the renewal fee. The application for renewal shall require + statements under oath that the applicant has properly submitted + income and employment taxes due in the state and whether or not the + applicant has been convicted of any felony offense, and the nature + of such offense, since issuance of the prior registration. The + applicant shall include with the renewal application a copy of + certificate of liability insurance, unless the registrar has a + current valid certificate of liability insurance on file, and proof + of workers\' compensation coverage, unless exempt under the + Administrative Workers\' Compensation Act (85A O.S. § 1 et seq.). + The renewal application need not be notarized. + +2. The city shall refuse to renew a contractor\'s registration + certificate for any reason stated in section 14-305. The city shall + notify the applicant in writing if the city denies the renewal as + provided in section 14-310. + +3. If any contractor fails to file a renewal application by the June 30 + deadline, that contractor\'s registration shall be not in good + standing. A contractor has a 30-day grace period after June 30 to + renew the registration certificate without a late fee. The late fee + shall be set by the city in the city schedule of fees. A contractor + registration certificate not renewed by August 30 shall be suspended + for failure to renew, and on January 1, if a contractor\'s + registration certificate still has not been renewed, it shall be + revoked for failure to renew. + +4. 1. A contractor desiring to renew a registration certificate that + has been suspended for any cause provided in this chapter shall + be assessed a fee equal to twice the amount of the fee + established as a renewal amount. + 2. The city shall assess a reinstatement fee to be set by the city + in the city schedule of fees plus the fee established by section + 14-308 for any registration that has been revoked for any cause + provided in this chapter. + 3. A contractor submitting an application for registration after + suspension or revocation of that contractor\'s registration + certificate must be otherwise eligible for registration under + this chapter. + +5. The city shall include a registration status notation in a + contractor\'s record if the status of registration changes from an + active and valid registration to not in good standing, denied, + suspended or revoked. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-313 Permits +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-313_Permits_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A permit is required for the construction, alteration, modification, or +repair of any or all private utilities where city facilities may be +disturbed on or under the city\'s rights-of-way. The work shall not be +made in any place other than the location specified on the permit, and +no work shall begin until the application has been approved and a permit +has been issued. + +**Cross reference**--- Building permits, § 5-111; Plumbing, electrical, +mechanical and other permits, § 5-113; Unlawful to cut without permit, § +14-201; Wireless facility permitting, § 14-403. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +Amended by Ord. +[881(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/4/2018\ +* +::: + +
+ +::: phx-name +[Sec 14-314 Applications For Work In +Right-Of-Way](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-314_Applications_For_Work_In_Right-Of-Way){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Where work is to be done in a right-of-way, and there is no applicable +permit type available elsewhere in this code, or upon the requirement of +the community development director or their designee, a right-of-way +permit application shall be made. There shall be three tiers of +right-of-way permit applications, tier 1, tier 2, and tier 3. The +applicant shall submit to the city a complete right-of-way permit +application for the appropriate tier in the form provided by the city. +Each tier shall have its own requirements as follows: + +1. A tier 1 right-of-way permit shall be required for all utility + projects where the proposed utility is intended to serve one + commercial or residential building or structure for private service. + The community development director, or their designee, shall have + final authority of the classification of the project. The + requirements for application for tier 1 right-of-way permits shall + be as follows: + 1. Applications for such permits shall be filed with the city a + minimum of five days prior to date anticipated commencement of + construction. Applications shall include all of the following: + 1. Complete tier 1 right-of-way permit application form. + 2. A description of the private utility services that the + applicant will or does offer. + 3. A description of private utilities and/or facilities the + applicant will or proposes to place in, on or over the + rights-of-way. + 4. A description of public utilities and facilities that the + applicant proposes to remove and replace, cross-over, tie + into, or encounter in any matter in the rights-of-way. + 5. Two sets of plans, on 11 inch by 17 inch paper, + specifications, and a network map of the facilities to be + located within the city rights-of-way, if applicable. + 6. The schedule and date of beginning shall be approved by the + director of community development or their designee. + 7. Additional extensions, repairs, or modifications to + permitted facilities during the life of the rights-of-way + permit shall be subject to separate review, approval, and + collection of fees prior to amending the permit for such + addition work. + 8. If the location of the proposed private utility lies within + state or federal right-of-way, the provider must provide + evidence of a permit from the state or federal government. +2. A tier 2 right-of-way permit shall be required for all emergency and + non-emergency utility repair projects where the proposed utility + repair covers less than 100 linear feet of utility pipe or cable. + Utility repair projects covering more than 100 linear feet or pipe + or cable must obtain a tier 3 right-of-way permit unless otherwise + specified by the community development director or their designee, + who shall have final authority of the classification of the project. + The requirements for application for tier 2 right-of-way permits + shall be as follows: + 1. Applications for such permits shall be filed with the city a + minimum of five days prior to date of anticipated commencement + of construction for non-emergency repairs and shall be made on + the next succeeding business day for emergency repairs whether + or not the emergency work has been completed for emergency + repairs. Applications shall include all of the following: + 1. Complete tier 2 right-of-way permit application form. + 2. A description of the private utility services that the + applicant will or does offer. + 3. A description of private utilities and/or facilities the + applicant will or proposes to place in, on or over the + rights-of-way. + 4. A description of public utilities and facilities that the + applicant proposes to remove and replace, cross-over, tie + into, or encounter in any matter in the rights-of-way. + 5. Two sets of plans, on 11 inch by 17 inch paper, + specifications, and a network map of the facilities to be + located within the city rights-of-way, if applicable. + 6. The schedule and date of beginning shall be approved by the + director of community development or their designee. + 7. Additional extensions, repairs, or modifications to + permitted facilities during the life of the rights-of-way + permit shall be subject to separate review, approval, and + collection of fees prior to amending the permit for such + addition work. + 8. The linear length of the proposed utility repair pipe or + cable. + 9. When disturbing lanes of traffic and as required by the city + based on the proposed scope of work, provider shall submit a + traffic control plan, storm water pollution prevention plan, + and/or trench safety plan; +3. A tier 3 right-of-way permit shall be required for all utility + projects where the proposed utility is intended to serve more than + one commercial or residential building or structure for private or + public service, including wireless facilities regulated by article B + of this chapter. The community development director, or their + designee, shall have final authority of the classification of the + project. The requirements for application for tier 3 right-of-way + permits shall be as follows: + 1. The applicant and/or utility company shall coordinate with the + city the location and design of the proposed utility to ensure + that the proposed utility does not interfere with existing + utilities and with any city infrastructure and shall meet + required separation distances to city infrastructure as required + by this code and applicable state law. The city shall make + available information regarding the known location of all city + utilities upon request. + 2. Applications for such permits shall be filed with the city prior + to date anticipated for the commencement of construction and + shall include all of the following: + 1. Complete tier 3 right-of-way permit application form. + 2. A description of the private utility services that the + applicant will or does offer. + 3. A description of private utilities and/or facilities the + applicant will or proposes to place in, on or over the + rights-of-way. + 4. A description of public utilities and facilities that the + applicant proposes to remove and replace, cross-over, tie + into, or encounter in any matter in the rights-of-way. + 5. Three sets of plans, on 11 inch x 17 inch paper, + specifications, and a network map of the facilities to be + located within the city rights-of-way and for the entire + project. These plans shall include a site plan indicating + the location of the proposed utility as well as all city + infrastructure. + 6. The schedule and date of beginning shall be approved by the + director of community development or their designee. + 7. Additional extensions, repairs, or modifications to + permitted facilities during the life of the rights-of-way + permit shall be subject to separate review, approval, and + collection of fees prior to amending the permit for such + addition work. + 8. Provider shall submit a traffic control plan, storm water + pollution prevention plan, and/or trench safety plan, if + applicable, and as required by the city. + 9. The names and telephone numbers of at least two persons + serving as emergency contacts for the applicant who can be + reached by telephone 24 hours a day, seven days a week, in + the event of an emergency; + 10. If the location of the proposed wireless facility lies + within state or federal right-of-way, the provider must + provide evidence of a permit from the state or federal + government. + 3. If the city deems necessary, the provider shall provide a hold + harmless agreement with the city for the proposed utility. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +Amended by Ord. +[881(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/4/2018\ +* +::: + +
+ +::: phx-name +[Sec 14-315 Emergency +Conditions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-315_Emergency_Conditions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In the event of an emergency occurring during non-office hours, and +starting of a project is necessary for the protection of public or +private property, said person must contact the police and fire +department; an application for a permit as provided in this chapter +shall be made on the next succeeding business day whether or not the +emergency work has been completed. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-316 Errors Within City +Plans](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-316_Errors_Within_City_Plans){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Neither the city nor any employee or agent thereof shall be held +responsible for the accuracy or any error appearing in any map. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-317 Validity Of +Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-317_Validity_Of_Permit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The issuance of a permit based upon approved plans, specifications, and +other data shall not prevent the director of community development or +his designee from thereafter requiring the correction of errors in said +plans, specifications, and other data or from preventing construction +being carried on thereunder when in violation of this chapter or any +other ordinance or standard of the city. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-318 Expiration Of +Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-318_Expiration_Of_Permits){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every permit issued by the director of community development or his + designee, under the provisions of this chapter shall expire by + limitation and become null and void if the construction authorized + by such a permit is not commenced within 180 days from the date of + such permit, or if the construction authorized by such permit is + suspended at any time after the work is commenced for a period of + 180 days. Before such construction can be recommenced, a new permit + shall be first obtained to do so, and the fee therefor shall be + one-half the amount required for a new permit for such work, + provided no changes have been made or will be made in the original + plans and specifications for such work, and provided that such + suspension or abandonment has not exceeded one year. In order to + renew action on a permit after expiration, the permit fee shall be a + new full permit fee. +2. Any permittee holding an unexpired permit may apply for an extension + of the time within which he may commence work under that permit when + he is unable to commence work within the time required by this + section for good and satisfactory reasons. The director of community + development or his designee may extend the time for action by the + permittee for a period not exceeding 180 days upon written request + by the permittee showing that circumstances beyond the control of + the permittee have prevented action from being taken. No permit + shall be extended more than once. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-319 +Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-319_Inspection){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Upon the date of completion, or when notified by the applicant of the +project\'s completion if earlier than the stated date of completion, the +director of community development, or their designee, shall make an +inspection to determine if city facilities or properties have been +restored without damage. If the community development director or their +designee determines that the project has not been satisfactorily +completed, then the applicant will be given written instructions +describing the work which needs completion. Additionally, depending on +the nature and scope of the work performed under the permit, the +director or their designee may require that a set of engineer certified +\"as-built\" plans be submitted when work is accepted by the city. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-320 Reimbursement; Cost Of +Completion](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-320_Reimbursement;_Cost_Of_Completion){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +If the applicant has still not completed the work identified pursuant to +this chapter, by the agreed upon date, or within such other period that +may be prescribed by the director of community development or his +designee, the city will give notice to the applicant to complete the +project within 30 days. If the applicant fails to meet such deadline, +the city, at its sole option, may elect to complete or contract to +complete the project to city standards and/or restore city utilities and +facilities, and bill the applicant for time and material costs, plus 20 +percent for overhead. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +Amended by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +Amended by Ord. +[881(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/4/2018\ +* +::: + +
+ +::: phx-name +[Sec 14-321 Reimbursement; Cost Of +Repair](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-321_Reimbursement;_Cost_Of_Repair){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +At any time that a city-owned facility is damaged and the city is called +upon to make repairs, the applicant will be billed for time and material +costs, plus 20 percent for overhead. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-322 +Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-322_Exemption){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This chapter does not apply to any work performed for the city under +municipal contract. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-323 +Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-323_Revocation){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +They city shall have the right to revoke the permit of any applicant for +violations of this chapter. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-324 Violation And +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-324_Violation_And_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person who shall engage in any business, trade, or vocation for +which a license, permit, certificate, or registration is required by +this chapter, without having a valid license, permit, certificate, or +certificate of registration, as required, or who shall fail to do +anything required by this chapter or by any code adopted by this +chapter, or who shall otherwise violate any provision of this chapter or +of any code adopted by this chapter, or who shall violate any lawful +regulation or order made by any of the officers provided for in this +chapter, shall be guilty of an offense, and, upon conviction thereof, +shall be subject to punishment as provided in section 1-108. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/17/2017\ +* +::: + +
+ +::: phx-name +[ARTICLE 14-3B DESIGN AND CONSTRUCTION OF WIRELESS +FACILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3B_DESIGN_AND_CONSTRUCTION_OF_WIRELESS_FACILITIES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 14-401 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-401_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-402 +Applicability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-402_Applicability){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-403 +Permitting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-403_Permitting){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-404 Network Node And Node Support Pole +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-404_Network_Node_And_Node_Support_Pole_Requirements){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-405 Inventory Of Network Node And Node Support +Poles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-405_Inventory_Of_Network_Node_And_Node_Support_Poles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-406 Installations On Traffic Signals, Street Signage, Other +Traffic Control Structures And Lighting +Structures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-406_Installations_On_Traffic_Signals,_Street_Signage,_Other_Traffic_Control_Structures_And_Lighting_Structures){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-407 Reservation Of +Rights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-407_Reservation_Of_Rights){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-408 Interference With Operations And +Liability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-408_Interference_With_Operations_And_Liability){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-409 Signal Interference With City\'s Communications +Infrastructure +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-409_Signal_Interference_With_City's_Communications_Infrastructure_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-410 Abandonment Of Wireless +Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-410_Abandonment_Of_Wireless_Facilities){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-411 Relocation And Removal At Provider\'s +Expense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-411_Relocation_And_Removal_At_Provider's_Expense){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-412 Removal Or Relocation By +Provider](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-412_Removal_Or_Relocation_By_Provider){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-413 Restoration Of Wireless +Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-413_Restoration_Of_Wireless_Facilities){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-414 Provider +Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-414_Provider_Responsibility){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 14-415 Violation And +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-415_Violation_And_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 14-401 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-401_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +For purposes of this chapter, the following terms shall have the +following meanings. + +*Antenna* means communications equipment that transmits or receives +electromagnetic radio frequency signals used in the provision of +wireless services. + +*Collocate* and *collocation* mean the installation, mounting, +maintenance, modification, operation, or replacement of network nodes in +a public right-of-way on or adjacent to a pole. + +*Decorative pole* means a streetlight or traffic signal pole specially +designed and placed for aesthetic purposes and on which no appurtenances +or attachments, other than specially designed informational, directional +signage, temporary holiday or special event attachments, may be placed. + +*Macro tower* means a guyed or self-supported pole or monopole greater +than the height parameters of: + +1. Ten feet in height above the tallest existing utility pole located + within 500 linear feet of the new pole in the same public + right-of-way; or +2. Fifty-five feet above ground level; or +3. Supports or is capable of supporting antennas. + +*Micro network node* means a network node that is not larger in +dimension than 24 inches in length, 15 inches in width, and 12 inches in +height, and that has an exterior antenna, if any, not longer than 11 +inches. + +*Network node* means equipment at a fixed location that enables wireless +communications between user equipment and a communications network. The +term includes: + +1. Equipment associated with wireless communications; +2. A radio transceiver, an antenna, a battery-only backup power supply, + and comparable equipment, regardless of technological configuration; + and +3. Electrical, coaxial or fiber-optic cable that is immediately + adjacent to and directly associated with a particular collocation + and is not to exceed 50 feet; and + +The term does not include: + +1. An electric generator; +2. A pole; or +3. A macro tower. + +*Network provider* or *provider* means: + +1. A wireless service provider; or +2. A person that does not provide wireless services and that is not an + electric utility but builds or installs on behalf of a wireless + service provider: + 1. Network nodes; or + 2. Node support poles or any other structure that supports or is + capable of supporting a network node. + +*Node support pole* means a pole installed by a network provider for the +primary purpose of supporting a network node. + +*Service pole* means a pole, other than a municipally owned utility +pole, owned or operated by the City and located in a public +right-of-way, including: + +1. A pole that supports traffic control functions; +2. A structure for signage; +3. A pole that supports lighting, other than a decorative pole; and +4. A pole or similar structure owned or operated by the City and + supporting only network nodes. + +*Small cell* shall be included as a type of \"network node.\" + +*Utility pole* means a pole that provides: + +1. Electric distribution with a voltage rating of not more than 34.5 + kilovolts; or +2. Services a telecommunications provider. + +*Wireless service* means any service, using licensed or unlicensed +wireless spectrum, including the use of Wi-Fi, whether at a fixed +location or mobile, provided to the public using a network node. + +*Wireless service provider* means a person that provides wireless +service to the public. + +*Wireless facilities* means \"micro network nodes,\" \"network nodes,\" +and \"node support poles,\" as those terms are defined in this section, +and related ground equipment. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-402 +Applicability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-402_Applicability){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Providers shall adhere to the requirements found in this chapter for + the installation, operation, maintenance, repair, modification, and + replacement of wireless facilities within the city\'s public + right-of-way or on city owned property. +2. Wireless facility installations or collocations, installed other + than in city owned rights-of-way, shall be installed in accordance + with all of the provisions of this code, including the City of Moore + Land Development Code, Part 12, Chapter 2, 3, and 4, Article H. +3. This chapter governs location and criteria for the installation of + wireless facilities, including: micro network nodes, network nodes, + node support poles, and related ground equipment, being installed. + This chapter shall apply to all locations, installations, and + collocations in, on, over or under the public rights-of-way or city + owned property of such wireless facilities, installed pursuant to an + agreement with the city in its discretion. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-403 +Permitting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-403_Permitting){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Attachments to existing poles or structures*. A provider shall not + install, modify or relocate a network node on an existing pole or + structure within the public right-of-way without first obtaining an + approved wireless facility ROW permit from the city. Prior to + installation, modification or relocation of a network node on an + existing pole or structure, provider shall complete and submit to + the city a complete wireless facility ROW permit application and a + commercial electrical permit application, by a qualified electrical + contractor in the form provided by the city, along with standard + required documents. Up to five separate network nodes may be + submitted under one permit application. Each permit application + shall include the following items: + 1. Payment of the permit application fee as established in the + current fee schedule and all other fees required by the city, + including but not limited to annual fees set forth in a + franchise agreement or other similar approved agreements for use + of the city-owned right-of-way, as such fees may be adjusted + from time to time pursuant to the agreement. + 2. An aerial map showing the location of the existing pole or + structure to which the network node is proposed to be attached, + and a street view image of the same; + 3. Stamped construction and engineering drawings prepared by a + professional engineer licensed in the State of Oklahoma, and for + wireless facilities proposed to be attached to a service pole or + other city-owned or -controlled structure, a certification from + the engineer that the existing pole or structure and its + foundations have sufficient structural stability to support the + proposed network node and can bear the wind load without pole + modification. Such construction and engineering drawings must + also address the design of the connection of any item to the + pole; + 4. Geographic information system (GIS) data for the location of + each proposed wireless facility in the form required by the + city; + 5. Detailed drawings, with calculations, showing strict conformity + to the size limitations as set forth in this chapter; + 6. Documentation identifying the frequency on which the proposed + network node will operate and a certification that the proposed + network node shall not cause any interference with the city\'s + traffic signal system, public safety radio system, private + police cell system, or other city communications infrastructure; + 7. The names and telephone numbers of at least two persons serving + as emergency contacts for the provider who can be reached by + telephone 24 hours a day, seven days a week, in the event of an + emergency; + 8. Stamped engineering drawings for the electrical service + providing power to the proposed network node, which must include + the conduit size, circuit size, calculations for amp, proposed + voltage, and distances running. The city is entitled to + disconnect power to the network node or other wireless + facilities in emergency situations; + 9. Scaled dimensional drawings or pictures of the proposed + attachments of the network node to the existing poles or + structures as well as any other proposed wireless facility, + indicating the horizontal and vertical spacing from existing + curbs, driveways, sidewalks, and other existing poles. This + shall include a before-and-after image of the pole and all + proposed attachments thereto and associated standalone + equipment; + 10. Scaled dimensional construction and engineering drawings + indicating the current public right-of-way line and showing any + proposed underground conduit and equipment. Such drawings shall + also show a sectional profile of the public right-of-way and + identify all existing utilities and existing utility conflicts; + 11. Where required by the city based on the proposed scope of work, + provider shall submit a traffic control plan, storm water + pollution prevention plan, and/or trench safety plan; + 12. If the location of the proposed wireless facility lies within + state or federal right-of-way, the provider must provide + evidence of a permit from the state or federal government; and + 13. Certification that the new network node is spaced apart from + existing, approved or proposed new network nodes a distance of + at least 1,000 feet; and + 14. The information required to be submitted for construction in + rights-of-way by article A of this chapter. +2. *Electrical supply*. + 1. Provider shall be responsible for obtaining any required + electrical power service to the provider\'s wireless facilities. + Provider\'s electrical supply shall be separately metered from + the city and must match city infrastructure voltage. The city + shall not be liable to the provider for any stoppages or + shortages of electrical power furnished to the wireless + facilities, including without limitation, stoppages or shortages + caused by any act, omission, or requirement of the public + utility serving the wireless facility structure or the act or + omission of any other tenant or provider of the wireless + facility structure, or for any other cause beyond the control of + the city; + 2. All electrical power service is to be designed and installed + according to part 5, chapter 4 of this Code, including the + currently adopted version of the NEC; + 3. A commercial electrical permit is required for all electrical + power service work. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +Amended by Ord. +[987(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_987(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 9/20/2021\ +* +::: + +
+ +::: phx-name +[Sec 14-404 Network Node And Node Support Pole +Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-404_Network_Node_And_Node_Support_Pole_Requirements){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Installation*. Provider shall, at its own cost and expense, install + all wireless facilities in a quality and workmanlike manner and in + accordance with the requirements of this section, other provisions + of this chapter, and all other applicable laws and ordinances. All + work done in connection with the installation, operation, + maintenance, repair, modification, and/or replacement of wireless + facilities shall be in compliance with all applicable laws. The + following requirements apply to the installation, operation, + maintenance, repair, modification, and/or replacement of wireless + facilities: + 1. Wireless facilities shall be concealed or enclosed as much as + possible in an equipment box, cabinet or other enclosure that + may include ventilation openings. External cables and wires + hanging off a pole shall be sheathed or enclosed in a conduit, + so that wires are protected and not visible or visually + minimized to the extent possible; + 2. No wireless facility shall be located or placed in a manner that + encroaches on existing or proposed city corner sight triangles + or sight line triangles, as defined by section 12-553 of this + Code; + 3. Electrical meters shall not be mounted on a service pole or + other city-owned or controlled structure without prior approval + from the community development director or their designee. + Standalone electrical meters shall be located on or within a + pad-mounted pedestal that shall be powder coated a neutral color + that harmonizes with the surrounding area in which it is + located. All electrical meters serving network nodes must + display the provider\'s name and contact information; + 4. All power to a network node located on or attached to a service + pole or other city owned or controlled structure must be able to + be disconnected to provide a safe working environment; + 5. Use of city conduits for a provider\'s wireless facilities is + prohibited; + 6. Network node attachments to a pole shall be installed at least + eight feet above the ground; + 7. No protrusion from the outer circumference of the existing + structure or pole to which a network node is attached shall be + more than five feet; + 8. The color of network nodes shall match the color of the poles or + structures to which they are attached such that the network + nodes blend with the color of the poles or structures and + surrounding area structures; + 9. Before beginning excavation in any public right-of-way, provider + shall be responsible for complying with all laws relating to + verifying the location of existing utility lines and facilities + and avoiding encroachment thereon, including the requirements of + this chapter; +2. *Inspections*. + 1. The city may perform visual inspections of any wireless + facilities located in the public right-of-way as the city deems + appropriate without notice. + 2. In the event of an emergency situation, the city may, but is not + required to, notify provider of an inspection. The city may take + all actions necessary to remediate the emergency situation and + the city shall notify provider as soon as practicable after + remediation is complete. + 3. The city shall perform electrical inspections to the electrical + supply systems as required by part 5, chapter 4 of this Code. +3. *Placement*. + 1. *Design conditions*. As a condition for approval of wireless + facilities, the city can require reasonable design or + concealment measures for the wireless facilities. Therefore, any + installation that requires design or concealment measures must + have these measures submitted with the permit application. The + city requests that a provider explore the feasibility of using + camouflage measures to improve the aesthetics of the wireless + facilities, or any portion thereof, to minimize the impact to + the aesthetics in these installations. + 2. *Decorative poles*. Provider shall neither allow the + installation of, nor install wireless facilities on a decorative + pole. + 3. *Public right-of-way*. Wireless facilities shall not obstruct, + impede, or hinder pedestrian or vehicular traffic in the public + right-of-way or obstruct or interfere with the legal use of a + public right-of-way by other utility providers. Provider shall + promptly remove wireless facilities that are installed in a + location that is not in accordance with the plans approved by + the city, that do not comply with the provisions of this + chapter, or that otherwise render the public right-of-way + non-compliant with applicable laws, including but not limited to + the Americans with Disabilities Act. + 1. All node support poles and other ground equipment shall be + installed with a minimum spacing of five feet from any City + of Moore owned or operated water, sewer or drainage + infrastructure. + 4. *Notice to remove unauthorized wireless facilities and penalty*. + If a provider fails to remove any unauthorized wireless facility + or any wireless facility that is located in an improper location + within 30 days after receiving written notice or the date + required by the city, the provider shall be subject to a penalty + of up to \$500.00 per day until the wireless facility is removed + or relocated to the correct area within the permitted location, + regardless of whether the provider\'s contractor, subcontractor, + or vendor installed the wireless facility in strict conformity + with this chapter. +4. *Generators*. Provider shall not allow or install generators or + back-up generators in the public right-of-way. +5. *Equipment dimensions*. + 1. Each antenna that does not have exposed elements and is attached + to an existing structure or pole must: + 1. Be located inside an enclosure of not more than six cubic + feet in volume; + 2. Not exceed a height of three feet above the existing + structure or pole; and + 3. Not protrude from the outer circumference of the existing + structure or pole by more than five feet. + 2. If an antenna has exposed elements and is attached to an + existing structure or pole, the antenna and all of the + antenna\'s exposed elements must: + 1. Fit within an imaginary enclosure of not more than six cubic + feet; + 2. Not exceed a height of three feet above the existing + structure or pole; and + 3. Not protrude from the outer circumference of the existing + structure or pole by more than five feet. + 3. The cumulative size of other wireless equipment associated with + the network node attached to the existing structure or pole may + not: + 1. Be more than 28 cubic feet in volume; or + 2. Protrude from the outer circumference of the existing + structure or pole by more than five feet. + 4. Ground based enclosures, separate from the pole, housing any + equipment related to the network node, may not be higher than + three-feet six-inches from grade, wider than three-feet + six-inches, or deeper than three-feet six-inches. + 5. Equipment attached to a utility pole must be installed in + accordance to the provisions of this chapter, the National + Electric Safety Code, the National Electric Code, and the + utility pole owner\'s construction standards. +6. *Signage*. + 1. Provider shall post its name, location identifying information, + and emergency telephone number in an area on the cabinet of the + node support poles and network nodes that is visible to the + public. Signage required under this section shall not exceed + four-by-six inches, unless otherwise required by law or the + city. + 2. Provider shall not post any other signage or advertising on the + node support poles and network nodes, or utility pole. +7. *Ground equipment*. + 1. *Ground equipment near street corners and intersections.* Ground + equipment shall be minimal and the least intrusive. Ground + equipment must remain out of the sight triangle as described by + section 12-533 of this Code. + 2. *Ground equipment density.* To enhance the safety requirements + of line of sight of pedestrians, particularly small children, + the city may deny a request for a proposed location. +8. *Maintenance*. + 1. *Repair*. Whenever the installation, placement, attachment, + repair, modification, removal, operation, use, or relocation of + wireless facilities, or any portion thereof, is required and + such installation, placement, attachment, repair, modification, + removal, operation, use, or relocation causes any property of + the city to be damaged or to have been altered in such a manner + as to make it unusable, unsafe, or in violation of any laws, + provider, at its sole cost and expense, shall promptly repair + and return such property to its original condition. If provider + does not repair such property or perform such work as described + in this section, then the city shall have the option to perform + or cause to be performed such reasonable and necessary work on + behalf of the provider and to charge the provider for the + reasonable and actual costs incurred by the city. Provider shall + promptly reimburse the city for the costs. + 2. *Graffiti abatement*. Provider shall remove all graffiti on any + of its wireless facilities located in the public right-of-way as + soon as practical, but not later than ten days from the date + provider receives notice thereof. + 3. *Tree maintenance*. Provider and/or its contractors or agents + shall obtain written permission from the city before trimming + trees hanging over the provider\'s wireless facilities to + prevent branches of such trees from contacting the provider\'s + wireless facilities. When directed by the city, provider shall + trim such trees under the supervision and direction of the city. + The provider shall make all reasonable efforts to promote the + health and well-being of any such trees, and shall not at any + time trim trees in a manner that causes unsightly conditions to + arise. The city shall not be liable for any damages, injuries, + or claims arising from provider\'s actions under this section. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +Amended by Ord. +[987(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_987(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 9/20/2021\ +* +::: + +
+ +::: phx-name +[Sec 14-405 Inventory Of Network Node And Node Support +Poles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-405_Inventory_Of_Network_Node_And_Node_Support_Poles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Provider shall maintain a list of its wireless facilities located in + the city and the utility as-builts for associated underground + appurtenances and shall provide the city an inventory of the + location and/or as-built of each such wireless facility and + appurtenances upon request from the city. Upon the city\'s written + request, provider shall provide the information within 30 days of + city\'s request. The inventory of wireless facilities shall include + GIS coordinates, date of installation, city pole ID number (if + applicable), type of pole used for installation, pole owner, and + description/type of installation for each wireless facility. With + respect to wireless facilities that become inactive, the inventory + shall include the same information as active installations in + addition to the date the wireless facility was deactivated and the + date the wireless facility was removed from the public right-of-way. + The city may compare the inventory to its records to identify any + discrepancies. +2. In the event provider\'s contact information changes and differs + from the information provided on a permit application, provider + shall promptly provide updated contact information to the city for + emergency purposes. +3. Provider shall remit to the city annually beginning January 1, 2021, + a fee per small wireless facility as established in the current fee + schedule and authorized by the State of Oklahoma for the occupancy + and use of the public right-of-way. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +Amended by Ord. +[943(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349306_943%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/4/2020\ +* +::: + +
+ +::: phx-name +[Sec 14-406 Installations On Traffic Signals, Street Signage, Other +Traffic Control Structures And Lighting +Structures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-406_Installations_On_Traffic_Signals,_Street_Signage,_Other_Traffic_Control_Structures_And_Lighting_Structures){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Installations of wireless facilities on a traffic signal structure + or lighting structure must not interfere with the integrity of the + structure in any way that may compromise the safety of the public + and must be in strict conformance with an agreement applicable to + each such installation and the provisions of this chapter. +2. Installation of wireless facilities on any traffic signal structure + shall: + 1. Be encased in a separate conduit than the traffic signal or + lighting electronics; + 2. Have a separate electric power connection than the traffic + signal or lighting structure; and + 3. Have a separate access point than the traffic signal or lighting + structure; +3. The city shall have the ability to temporarily cut-off electricity + to the wireless facilities for the safety of maintenance personnel. + In the event of failure of components of the traffic signal system + for whatever reason, including damage resulting from vehicular + collisions, weather-related events, or malicious attacks, city will + respond to restore traffic signal operations as a matter of public + safety. Should the events that result in damage or failure of the + traffic signal system also affect provider\'s wireless facilities, + provider shall have the sole responsibility to repair or replace its + wireless facilities and shall coordinate its own emergency efforts + with the city. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-407 Reservation Of +Rights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-407_Reservation_Of_Rights){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city reserves the right to install, and permit others to + install, utility facilities in the public right-of-way. In + permitting such work to be done by others, the city shall not be + liable to provider for any damage caused by those persons or + entities. +2. The city reserves the right to locate, operate, maintain, and remove + city traffic signal poles in the manner that best enables the + operation of its traffic signal system and protects public safety. +3. The city reserves the right to locate, operate, maintain, and remove + any city pole or structure located within the public right-of-way in + the manner that best enables the city\'s operations and protects + public safety. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-408 Interference With Operations And +Liability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-408_Interference_With_Operations_And_Liability){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city shall not be liable to a provider for any damage caused by + other providers with facilities sharing the same pole or for failure + of provider\'s wireless facilities for whatever reason, including + damage resulting from vehicular collisions, weather-related events, + or malicious attacks. +2. The city shall not be liable to a provider by reason of + inconvenience, annoyance, or injury to the provider\'s wireless + facilities or activities conducted by provider related thereto, + arising from the necessity of repairing any portion of the public + right-of-way, or from the making of any necessary alterations or + improvements in, or to, any portion of the public right-of-way or + in, or to, city\'s fixtures, appurtenances, or equipment. The city + will use reasonable efforts not to cause material interference to + provider\'s operation of its wireless facilities. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-409 Signal Interference With City\'s Communications +Infrastructure +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-409_Signal_Interference_With_City's_Communications_Infrastructure_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *No interference*. In the event that provider\'s wireless facilities + interfere with the city\'s traffic signal system, public safety + radio system, private police cell system, or other city + communications infrastructure, the provider shall promptly cease + operation of the wireless facility causing such interference upon + receiving notice from the city and refrain from operating such + wireless facility in the future. Provider shall respond to the + city\'s notice to address the source of the interference as soon as + practicable, but in no event later than 24 hours of receiving + notice. +2. Protocol for responding to event of interference shall be in strict + conformance with the agreement applicable to each such installation + and the provisions of this chapter. + 1. Additionally, the provider shall include any additional + information relevant to the execution of the remediation plan. + 2. In the event that interference with city facilities, services, + or operations cannot be eliminated, provider shall shut down the + interfering wireless facility and remove or relocate the + wireless facility that is the source of the interference as soon + as possible to a suitable alternative location approved by city. +3. Following installation or modification of a network node, the city + may require provider to test the network node\'s radio frequency and + other functions to confirm it does not interfere with the city\'s + facilities, services, or operations. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-410 Abandonment Of Wireless +Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-410_Abandonment_Of_Wireless_Facilities){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Provider shall remove wireless facilities when such facilities are +abandoned regardless of whether provider receives notice from the city. +The removal of wireless facilities shall be completed in accordance with +the provisions of an agreement with the city and all of the provisions +of this chapter. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-411 Relocation And Removal At Provider\'s +Expense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-411_Relocation_And_Removal_At_Provider's_Expense){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Provider shall remove and relocate a wireless facility at its own + expense to an alternative location in accordance to an agreement + with the city, but in no case later than 120 days after receiving + written notice that removal, relocation, and/or alteration of the + wireless facility is necessary. +2. Provider\'s duty to remove and relocate its wireless facility at its + expense is not contingent on the availability of an alternative + location acceptable for relocation. City may make reasonable efforts + to provide an alternative location within the public right-of-way + for relocation, but regardless of the availability of an alternative + site acceptable to provider, provider shall comply with the notice + to remove its wireless facility as instructed. +3. The city may remove the wireless facility if provider does not + remove the wireless facility within 120 days. In such event, + provider shall reimburse city for the city\'s actual cost of removal + of provider\'s wireless facility within 30 days of receiving an + invoice from the city. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-412 Removal Or Relocation By +Provider](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-412_Removal_Or_Relocation_By_Provider){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. If the provider removes or relocates a wireless facility at its own + discretion, it shall notify the city in writing not less than ten + days prior to removal or relocation. Provider shall obtain all + permits required for relocation or removal of its wireless + facilities prior to relocation or removal. +2. The city shall not issue any refunds for any amounts paid by + provider for wireless facilities that have been removed. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-413 Restoration Of Wireless +Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-413_Restoration_Of_Wireless_Facilities){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Provider shall repair any damage to the public right-of-way and the +property of any third party resulting from provider\'s removal or +relocation activities or any other of provider\'s activities within ten +days following the date of such removal, relocation, or activity, at +provider\'s sole cost and expense, including restoration of the public +right-of-way and such other property to substantially the same condition +as it was immediately before the date provider was granted a permit for +the applicable location, including restoration or replacement of any +damaged trees, shrubs, or other vegetation. Such repair, restoration and +replacement shall be subject to the sole approval of the city and +according to the provisions of this chapter. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-414 Provider +Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-414_Provider_Responsibility){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Provider shall be responsible and liable for the acts and omissions of +provider\'s employees, temporary employees, officers, directors, +consultants, agents, affiliates, subsidiaries, and subcontractors in +connection with the performance of activities within the city\'s public +right-of-way, as if such acts or omissions were provider\'s acts or +omissions. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +* +::: + +
+ +::: phx-name +[Sec 14-415 Violation And +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-415_Violation_And_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person found in violation of the provisions of this chapter, or fail +to do anything required by this part or by any part of any code adopted +by this part, or who shall violate any lawful regulation or order made +by any of the officers provided for in this part, shall be guilty of an +offense, and upon conviction thereof, shall be subject to punishment as +provided by section 1-108 of this Code. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/18/2017\ +* +::: + +
+ +::: {.phx-name .phx-break} +[PART 15 TRAFFIC AND +VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_15_TRAFFIC_AND_VEHICLES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 15-1 GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-1_GENERAL_PROVISIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-2 TRAFFIC-CONTROL +DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-2_TRAFFIC-CONTROL_DEVICES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-3 +EQUIPMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-3_EQUIPMENT){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-4 CERTAIN VEHICLES +PROHIBITED](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-4_CERTAIN_VEHICLES_PROHIBITED){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-5 DRIVING, OVERTAKING AND +PASSING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-5_DRIVING,_OVERTAKING_AND_PASSING){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-6 STOPPING, STANDING AND +PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-6_STOPPING,_STANDING_AND_PARKING){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-7 SPEED +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-7_SPEED_REGULATIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-8 +RIGHT-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-8_RIGHT-OF-WAY){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-9 TURNING +MOVEMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-9_TURNING_MOVEMENTS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-10 ONE-WAY STREETS AND +ALLEYS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-10_ONE-WAY_STREETS_AND_ALLEYS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-11 TRUCK ROUTES AND +PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-11_TRUCK_ROUTES_AND_PARKING){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-12 LOADING +ZONES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-12_LOADING_ZONES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-13 PUBLIC CARRIER +STOPS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-13_PUBLIC_CARRIER_STOPS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-14 +ACCIDENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-14_ACCIDENTS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-15 +MOTORCYCLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-15_MOTORCYCLES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-16 +BICYCLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-16_BICYCLES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-17 +PEDESTRIANS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-17_PEDESTRIANS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-18 +ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-18_ENFORCEMENT){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-19 IMPOUNDMENT OF +VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-19_IMPOUNDMENT_OF_VEHICLES){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 15-20 PENALTIES AND ARREST +PROCEDURE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-20_PENALTIES_AND_ARREST_PROCEDURE){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[CHAPTER 15-1 GENERAL +PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-1_GENERAL_PROVISIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-101 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-101_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-102 Security Verification +Form](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-102_Security_Verification_Form){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-103 Vehicle Owner Not To Permit Or Authorize Violation Of Law Or +This +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-103_Vehicle_Owner_Not_To_Permit_Or_Authorize_Violation_Of_Law_Or_This_Chapter){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-104 Parent Or Guardian Not To Authorize Or Permit Child Or Ward +To Violate +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-104_Parent_Or_Guardian_Not_To_Authorize_Or_Permit_Child_Or_Ward_To_Violate_Chapter){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-105 Adoption Of State Vehicle +Laws](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-105_Adoption_Of_State_Vehicle_Laws){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-101 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-101_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this part, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Alley* means any narrow public passageway or street ordinarily located +in the interior portion of platted blocks, having no legal or official +name other than alley, as herein defined, and ordinarily open to traffic +and used for service or delivery purposes to the rear of stores, +dwellings or buildings. + +*Arterial street* means any U.S. or state numbered route, +controlled-access highway or other major radial or circumferential +street or highway designated by local authorities within their +respective jurisdictions as part of a major arterial system of streets +or highways. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-102. + +*Authorized emergency vehicle* means: + +1. Vehicles of fire departments; +2. Ambulances or vehicles specified pursuant to 63 O.S. § 1-2512(B) of + licensed ambulance service providers; +3. State vehicles of law enforcement agencies; +4. County vehicles of sheriffs and full-time commissioned deputies and + vehicles designated by the sheriff for support of the sheriff\'s + office, including privately-owned vehicles driven by the sheriff and + full-time, part-time and reserve commissioned deputies, provided the + audible sirens and flashing red lights equipped on such + privately-owned vehicles are used only in a law enforcement capacity + and in the course of duty; +5. Municipal vehicles of police departments; +6. Vehicles owned and operated by the United States Marshals Service or + the Federal Bureau of Investigation; +7. Vehicles of the Oklahoma National Guard units designated by the + Adjutant General for support to civil authorities; or +8. Vehicles owned and operated by any local organization for emergency + management as defined by 63 O.S. § 683.3. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-103. + +*Bicycle* means every device upon which any person may ride, propelled +solely by human power through a belt, chain, or gears, and having two or +more wheels; excluding mopeds. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-104. + +*Boulevard* or *through street* means any street or highway on which +vehicular traffic is given preferential right-of-way, and at the +entrances to which vehicular traffic from intersecting highways is +required by law to yield the right-of-way to vehicles on such through +highway in obedience to either a stop sign or a yield sign, when such +signs are erected as provided by law or ordinance. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-175. + +*Bus* means every motor vehicle designed for carrying more than ten +passengers and used for the transportation of persons, and every motor +vehicle, other than a taxicab, designed and used for the transportation +of persons for compensation. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-105. + +*Business district* means the territory contiguous to and including a +highway when within any 600 feet along such highway there are buildings +in use for business or industrial purposes, including, but not limited +to, hotels, banks, office buildings, railroad stations or public +buildings which occupy at least 300 feet of frontage on one side or 300 +feet collectively on both sides of the highway. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-106. + +*Bus loading zone* means a place adjacent to a curb reserved for the +exclusive use of vehicles during the loading or unloading of passengers. + +*Commercial chauffeur* and *chauffeur* mean every person who operates, +drives or is in actual physical control of a Class A, B or C commercial +motor vehicle, as defined in 47 O.S. §§ 1-107.1---1-107.3. + +*Commercial vehicles*. + +1. *Class A*. Any combination of vehicles, except a Class D motor + vehicle, with a gross combined weight rating of 26,001 or more + pounds, provided the gross vehicle weight rating of the vehicles + being towed is in excess of 10,000 pounds. +2. *Class B*. Any single vehicle, except a Class D motor vehicle, with + a gross vehicle weight rating of 26,001 or more pounds, or any such + vehicle towing a vehicle not in excess of 10,000 pounds gross + vehicle weight rating. This class shall apply to a bus with a gross + vehicle weight rating of 26,001 or more pounds and designed to + transport 16 or more persons, including the driver. +3. *Class C*. Any single vehicle or combination of vehicles, other than + a Class A or Class B vehicle as defined above, which is: + 1. Required to be placarded for hazardous materials under 49 CFR + 172, subpart F; or + 2. Designed by the manufacturer to transport 16 or more persons, + including the driver. +4. *Class D*. + 1. A Class D motor vehicle is any motor vehicle or combination of + vehicles which: + 1. Regardless of weight: + 1. Is marked and used as an authorized emergency vehicle, + as defined in section 15-101; or + 2. Is designed and used solely as a recreational vehicle; + 2. Is a single or combination vehicle with a gross combined + weight rating of less than 26,001 pounds; + 3. Is a single or combination farm vehicle with a gross + combined weight rating of more than 26,001 pounds if: + 1. It is entitled to be registered with a farm tag and has + a farm tag attached thereto; + 2. It is controlled and operated by a farmer, his family or + employees; + 3. It is used to transport either agricultural products, + farm machinery, farm supplies or any combination of + those materials to or from a farm; + 4. It is not used in the operations of a common or contract + motor carrier; and + 5. It is used within 150 air miles of the person\'s farm or + as otherwise provided by federal law; or + 4. Is operated by a licensed driver employed by a unit of local + government that operates a commercial motor vehicle within + the boundaries of that unit of local government for the + purpose of removing snow or ice from a roadway by plowing, + sanding or salting, if: + 1. The properly licensed employee who ordinarily operates a + commercial vehicle for these purposes is unable to + operate the vehicle; or + 2. The employing governmental entity determines that a snow + or ice emergency requires additional assistance. + 2. A Class D motor vehicle shall not include any vehicle which is: + 1. Designed to carry 16 or more passengers, including the + driver; or + 2. Required to be placarded for hazardous materials under 49 + CFR 172, subpart F, provided a farm vehicle, as defined in + subsection (D)(1)c of this definition, which is required to + be placarded for hazardous materials under 49 CFR 172, + subpart F, shall be considered to be a Class D motor + vehicle. + +**State Law reference**--- Similar provisions, 47 O.S. §§ +1-107.1---1-107.4. + +*Crosswalk* means that part of a roadway at an intersection included +within the connections of the lateral lines of the sidewalks on opposite +sides of the roadway measured from the curbs, or in the absence of +curbs, from the edges of the traversable roadway; any portion of a +roadway at an intersection or elsewhere distinctly indicated for +pedestrian crossing by lines or other markings on the surface. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-111. + +*Curb loading zones* means a space adjacent to a curb reserved for the +exclusive use of vehicles during the loading or unloading of passengers, +freight or materials. + +*Curb* means the edge of a roadway marked or understood as such. + +*Daytime* means one-half hour before sunrise until one-half hour after +sunset. The term \"nighttime\" means any other time. + +*Double park* means the standing or stopping of a vehicle, whether +occupied or not, on the roadway. + +*Driver* means every person who drives or is in actual physical control +of a vehicle. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-114. + +*Emergency* means a condition suddenly created, requiring immediate +action for the preservation of public peace, health or safety, and among +other things particularly means any fire, unusual storm, death, riot or +unusual traffic condition. + +*Explosives* means as defined in 49 CFR 173. + +*Flammable liquid* means liquid which has a flash point of 70 degrees +Fahrenheit or less, as determined by a Tagliabue or equivalent closed-up +test device and having a vapor pressure not exceeding 40 psi at 100 +degrees Fahrenheit. + +*Intersection means:* + +1. The area embraced within the prolongation or connection of the + lateral curblines, or, if none, then the lateral boundary lines of + the roadways of two highways which join one another at, or + approximately at, right angles, or the area within which vehicles + traveling upon different highways joining at any other angle may + come in conflict; or +2. Where a highway includes two roadways 30 feet or more apart, then + every crossing of each roadway of such divided highway by an + intersecting highway shall be regarded as a separate intersection. + In the event such intersecting highway also includes two roadways 30 + feet or more apart, then every crossing of two roadways of such + highways shall be regarded as a separate intersection. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-126. + +*Laned roadway* means a roadway which is divided into two or more +clearly marked lanes for vehicular traffic. + +*License to operate a motor vehicle* means: + +1. Any valid driver\'s license or permit to operate a motor vehicle + issued under the laws of the state, including any temporary license + or instruction permit, the lawful possession of which by a resident + of the state shall be evidence that the resident has been granted + the privilege to operate a motor vehicle. +2. Any nonresident\'s operating privilege as defined in section 47 O.S. + § 1-138, which is evidenced by the lawful possession of a valid + driver\'s license or permit to operate a motor vehicle issued under + the laws of another state. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-128. + +*Motorcycle* means every motor vehicle having a seat or saddle for the +use of the rider and designed to travel on not more than three wheels in +contact with the ground, but excluding a tractor; and a combustion +engine with a piston or rotor displacement of 150 cubic centimeters or +greater. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-135. + +*Motor-driven cycle* means any motor vehicle having a power source that +if the power source is a combustion engine, has a piston or rotor +displacement of greater than 35 cubic centimeters but less than 150 +cubic centimeters regardless of the number of chambers in the power +source, if the power source is electric, has a power output of greater +than 1,000 watts; and a seat or saddle for the use of each rider; and +not more than three wheels in contact with the ground. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-136. + +*Metal tire* means every tire, the surface of which in contact with the +highway is wholly or partly of metal or other hard, nonresilient +material. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-133. + +*Motor vehicle* means every vehicle which is self-propelled and every +vehicle not operated upon rails. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-134. + +*Motor vehicle accident* is defined and classified as in the \"Manual on +Classification of Motor Vehicle Traffic Accidents\" prepared by the +Committee on Uniform Traffic Accident Statistics, Traffic Conference, +and distributed by the National Safety Council. + +*Muffler* means a device designed for the use on a particular +internal-combustion engine and properly affixed thereto for the purpose +of reducing the exhaust noise of such engine to an unobjectionable +level. + +*Official traffic-control devices* means all signs, barricades, signals, +markings and devices not inconsistent with this part placed or erected +by authority of a public body or official having jurisdiction for the +purpose of regulating, warning or guiding traffic which conforms to the +latest edition of the \"Manual on Uniform Traffic Control Devices for +Streets and Highways,\" published by the U.S. Department of +Transportation, a copy of which is on file. + +*Operator* means every person, other than a commercial chauffeur or +chauffeur, who drives or is in actual physical control of a motor +vehicle upon a highway or who is exercising control over or steering a +vehicle being towed by a motor vehicle. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-149. + +*Owner* means a person who holds the legal title of a vehicle; or in the +event a vehicle is the subject of an agreement for the conditional sale +or lease thereof with a right of purchase upon performance of the +conditions stated in the agreement and with an immediate right of +possession vested in the conditional vendee or lessee, or in the event a +mortgagor of a vehicle is entitled to possession, then such conditional +vendee or lessee or mortgagor shall be deemed the owner. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-141. + +*Park* or *parking* means the standing of a vehicle, whether occupied or +not, otherwise than temporarily for the purpose of and while actually +engaged in loading or unloading merchandise or passengers; a public +parking lot is any parking lot on right-of-way dedicated to public use +or owned by the state or a political subdivision thereof. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-142. + +*Passenger* means a rider in any vehicle other than the driver. + +*Pedestrian* means any person afoot. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-143. + +*Police officer* means every officer of the municipal police department +or any officer authorized to direct or regulate traffic or to make +arrests for violations of traffic regulations. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-147. + +*Private road* or *driveway* means every way or place in private +ownership and used for vehicular travel by the owner and those having +express or implied permission from the owner, but not by other persons. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-148. + +*Railroad* means a carrier of persons or property operated upon +stationary rails. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-149. + +*Railroad sign* or *signal* means any sign, signal or device erected by +authority of a public body or official or by a railroad and intended to +give notice of the presence of railroad tracks or the approach of a +railroad train. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-150. + +*Railroad train* means a steam engine, electric or other motor, with or +without cars coupled thereto, operated upon rail. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-151. + +*Registration* means the registration certificates and registration +plates issued under the laws of the state pertaining to the registration +of vehicles. + +*Residence district* means the territory contiguous to and including a +highway not comprising a business district when the property on such +highway for a distance of 300 feet or more is in the main improved with +residences or residences and buildings in use for business. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-154. + +*Revocation of driver\'s license* or *revocation of driving privilege* +means the termination by formal action of the department of a person\'s +driver\'s license or privilege to operate a motor vehicle on the public +highways, such action shall include the requirement of the surrender to +the department of public safety said person\'s driver\'s license. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-155. + +*Right-of-way* means the privilege of the immediate use of the roadway. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-156. + +*Road tractor* means every motor vehicle designed and used for drawing +other vehicles and not so constructed as to carry any load thereon +either independently or any part of the weight of a vehicle or load so +drawn. + +*Roadway* means that portion of a highway improved, designed or +ordinarily used for vehicular traffic, exclusive of the shoulder. In the +event a highway includes two or more separate roadways, the term +\"roadway\" as used herein refers to any such roadway separately but not +to all such roadways collectively. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-158. + +*Safety zone* or *island* means an area or space officially set apart +within a roadway for the exclusive use of pedestrians and which is +protected or is so marked or indicated by adequate signs as to be +plainly visible at all times while set apart as a safety zone. + +*School bus* means every motor vehicle owned by a public or governmental +agency and operated for the transportation of children to or from school +or privately-owned and -operated for compensation for the transportation +of children to or from school. The term \"school bus\" shall not include +buses normally used in city transit which may be used part-time for +transportation of school children within the city during some portion of +the day. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-160. + +*Semi-trailer* means every vehicle with or without motive power, other +than a pole trailer, designed for carrying persons or property and for +being drawn by a motor vehicle and so constructed that some part of its +weight and that of its load rests or is carried by another vehicle. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-162. + +*Shoulder* means the portion of the roadway contiguous with the traveled +way for accommodation of stopped vehicles, for emergency use, and for +lateral support of base and surface courses. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-158. + +*Sidewalk* means that portion of a street between the curblines, or the +lateral lines of a roadway, and the adjacent property lines, intended +for use of pedestrians. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-163. + +*Solid tire* means every tire of rubber or other resilient material +which does not depend upon compressed air for the support of the load. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-164. + +*Stand* or *standing* means the halting of a vehicle, whether occupied +or not, otherwise than temporarily for the purpose of and while actually +engaged in receiving or discharging passengers. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-167. + +*Stop*, when required, means complete cessation from movement. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-169. + +*Stop* or *stopping*, when prohibited, means any halting, even +momentarily, of a vehicle, whether occupied or not, except when +necessary to avoid conflict with other traffic or in compliance of the +directions of a police officer, a traffic-control sign or signal. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-170. + +*Street* or *highway* means the entire width between the boundary lines +of every way publicly maintained when any part thereof is open to the +use of the public for purposes of vehicular travel. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-122. + +*Suspension of driver\'s license orsuspension of driver\'s privilege* +means the temporary withdrawal by formal action of the department of a +person\'s driver\'s license or privilege to operate a motor vehicle on +the public highways. Such action shall include the requirement of the +surrender to the department of public safety said person\'s driver\'s +license. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-173. + +*Taxicab* means and includes any motor vehicle for hire, designed to +carry eight persons or less, operated upon any street or highway, or on +call or demand, accepting or soliciting passengers indiscriminately for +transportation for hire between such points along streets or highways as +may be directed by the passenger or passengers so being transported. +This classification shall not include: + +1. Motor vehicles of eight-passenger capacity or less operated by the + owner where the cost of operation is shared by fellow workmen + between their homes and the place of regular daily employment, when + not operated for more than two trips per day; +2. Motor vehicles operated by the owner where the cost of operation is + shared by the passengers on a \"share the expense plan\"; or +3. Motor vehicles transporting students from the public school system + when said motor vehicle is so transporting under contract with a + public, private, or parochial school board or governing body. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-174. + +*Through street* or *highway* means every highway or portion thereof on +which vehicular traffic is given preferential right-of-way, and at the +entrances to which vehicular traffic from intersecting highways is +required by law to yield the right-of-way to vehicles on such through +highway in obedience to either a stop sign or a yield sign, when such +signs are erected as provided by law or ordinance. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-175. + +*Traffic* means pedestrians, ridden or herded animals, vehicles and +other conveyances, either single or together, while using any highway +for purposes of travel. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-177. + +*Traffic-control signal* means any device, whether manually, +electrically or mechanically operated, by which traffic is alternatively +directed to stop, proceed or proceed with caution. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-178. + +*Traffic lane* means the portion of the traveled way for the movement of +a single line of vehicles. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-179. + +*Trailer* means every vehicle with or without motive power, other than a +pole trailer, designed for carrying persons or property and for being +drawn by a motor vehicle and so constructed that no part of its weight +rests upon the towing vehicle; provided, however, this definition shall +not include implements of husbandry as defined in 47 O.S. § 1-125. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-180. + +*Truck* means every motor vehicle designed, used or maintained primarily +for the transportation of property. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-182. + +*Urban district* means the territory contiguous to and including any +street which is built up with structures devoted to business, industry +or dwelling houses situated at intervals of less than 100 feet for a +distance of a quarter of a mile or more. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-185. + +*U-turn* means turning a vehicle around so as to proceed in the opposite +direction. + +*Vehicle* means every device in, upon or by which any person or property +is or may be transported or drawn upon a highway, except devices used +exclusively upon stationary rails or tracks; this shall not include +implements of husbandry, electric personal assistive mobility devices, +and motorized wheelchairs. + +**State Law reference**--- Similar provisions, 47 O.S. § 1-186. + +*Yield* means the yielding of the right-of-way to all vehicles or +pedestrians approaching from the right or left intersecting street which +are so close as to constitute an immediate hazard. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-102 Security Verification +Form](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-102_Security_Verification_Form){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Unless otherwise provided by law, no motor vehicle shall be operated + within the city unless there is in effect with respect to such + vehicle security for the payment of loss resulting from the + liability imposed by law for bodily injury, death and property + damage sustained by any person arising out of the ownership, + maintenance, operation or use of the vehicle. Every person, while + operating or using a motor vehicle within the city which is not + owned by such person, shall maintain in force security for the + bodily injury, death or property damage sustained by any person + arising out of the operation or use of the vehicle, unless such + security has been provided by the owner in accordance with this + section which does not exclude the person from coverage. Proof of + such security shall be carried in the vehicle at all times and shall + be produced for inspection upon request by any law enforcement + officer or representative of the department of public safety and, in + case of collision, such proof shall be shown upon request of any + person affected by the collision. +2. The following shall not be required to carry an owner\'s or + operator\'s security verification form or an equivalent form from + the department of public safety during operation of the vehicle: + 1. Any vehicle owned or leased by the federal or state government, + or any agency or political subdivision thereof; + 2. Any vehicle bearing the name, symbol or logo of a business, + corporation or utility on the exterior, and which is in + compliance with provisions of 47 O.S. §§ 7-600---7-607, + according to the records of the state department of public + safety which reflect a deposit, bond, self-insurance, or fleet + policy; + 3. Any vehicle authorized for operation pursuant to a permit number + issued by the interstate commerce commission or the corporation + commission; + 4. Any licensed taxicab; and + 5. Any vehicle owned by a licensed motor vehicle dealer. +3. The following words, terms and phrases, when used in this section, + shall have the meanings ascribed to them in this subsection, except + where the context clearly indicates a different meaning:\ + *\ + Compulsory Insurance Law* means the law requiring liability + insurance in conjunction with the operation of a motor vehicle in + the state as found in 47 O.S. § 7-606.\ + *\ + Online verification system for motor vehicle insurance* is an online + verification system for motor vehicle liability policies as required + by the Compulsory Insurance Law which is provided and maintained by + the department of public safety. Any law enforcement officer, to + establish compliance with the Compulsory Insurance Law during a + traffic stop or accident investigation, shall access information + from the online verification system to verify the current validity + of the policy described on a security verification form produced by + the operator of each motor vehicle during the traffic stop or + accident investigation. If compliance is not confirmed for the + policy described on the security verification form produced by the + operator and a subsequent investigation conducted by the officer + verifies that the operator is not in compliance or if no security + verification form is produced, the officer shall issue a citation to + the operator for failure to comply with the Compulsory Insurance + Law. Establishing compliance with the Compulsory Insurance Law + through the online verification system shall not be the primary + cause for law enforcement to stop a motor vehicle.\ + *\ + Operator\'s policy* means an operator\'s policy of liability + insurance which shall insure the named person against loss from the + liability imposed upon him by law for damages arising out of the + operation or use by him of any motor vehicle not owned by him, + subject to the same limits of liability required in an owner\'s + policy.\ + *\ + Owner\'s policy* means an owner\'s policy of liability insurance + which: + 1. Shall designate by explicit description or by appropriate + reference all vehicles with respect to which coverage is thereby + to be granted; + 2. Shall insure the person named therein and insure any other + person, except as provided in subsection (3) of this definition, + using an insured vehicle with the express or implied permission + of the named insured, against loss from the liability imposed by + law for damages arising out of the ownership, maintenance, + operation or use of such vehicle; + 3. May provide for exclusions from coverage in accordance with + existing laws; and + 4. Shall be issued by an authorized carrier providing coverage in + accordance with 47 O.S. § 7-204. + + *Security* means: + 1. A policy or bond meeting the requirements of 47 O.S. § 7-204; + 2. A deposit of cash or securities having the equivalency of limits + required under 47 O.S. § 7-330 as acceptable limits for a policy + or bond; or + 3. Self-insurance, pursuant to the provisions of 47 O.S. § 7-503, + having the equivalency of limits required under 47 O.S. § 7-204 + as acceptable limits for a policy or bond. + + *Security verification form* means a form, approved by the state + insurance commissioner, verifying the existence of security required + by the Compulsory Insurance Law of the state. +4. An owner or operator who fails to produce for inspection a valid and + current security verification form or equivalent form which has been + issued by the department upon request of any peace officer of the + department shall be guilty of a misdemeanor and, upon conviction, + shall be subject to a fine as provided in section 1-108 and court + costs. +5. The nonresident owner of a motor vehicle not registered in the state + may give proof of financial responsibility by providing proof of + compliance with the financial responsibility laws of the state in + which the vehicle is registered or by filing with the department of + public safety a certificate of an insurance company authorized to + transact insurance in the state in which the vehicle is registered, + or if such nonresident does not own a motor vehicle, then in the + state in which the insured resides, provided such certificate + otherwise conforms to the provisions of this section, and the + department of public safety shall accept the same upon condition + that the insurance company complies with the following provisions + with respect to the policy so certified: + 1. The insurance company shall execute a power of attorney + authorizing the department to accept service on its behalf or + notice of process in any action arising out of a motor vehicle + accident in the state; and + 2. The insurance company shall agree in writing that such policies + shall be deemed to conform with the laws of the state relating + to the terms of motor vehicle liability policies issued in the + state. + + The provisions of this section shall apply to nonresident owners and + operators of vehicles that are not registered in the state only if + the state in which the vehicle is registered requires compulsory + liability insurance. In such cases, compliance with the requirements + of the law of the state of registration shall be deemed in + compliance with the laws of the state. +6. A sentence imposed for any violation of this section may be + suspended or deferred in whole or in part by the court. +7. Any person producing proof in court that a current security + verification form or equivalent form which has been issued by the + department reflecting this liability coverage for such person was in + force at the time of the alleged offense shall be entitled to + dismissal of such charge. Any person producing proof in court that a + current security verification form or equivalent form which has been + issued by the department of public safety reflecting liability + coverage for the person was in force at the time of the alleged + offense shall be entitled to dismissal of the charge. If proof of + security verification is presented to the court by no later than the + business day preceding the first scheduled court appearance date, + the dismissal shall be without payment of court costs. The court may + access information from the online verification system to confirm + liability coverage. The court shall not dismiss the fine unless + proof that liability coverage for the person was in force at the + time of the alleged offense is presented to the court. +8. Upon conviction, bond forfeiture or deferral of sentence, the court + clerk shall forward an abstract to the state department of public + safety within five days reflecting the action taken by the court. + +**State Law reference**--- Similar provisions, 47 O.S. § 7-601 et seq. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-103 Vehicle Owner Not To Permit Or Authorize Violation Of Law Or +This +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-103_Vehicle_Owner_Not_To_Permit_Or_Authorize_Violation_Of_Law_Or_This_Chapter){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to authorize or knowingly permit a motor +vehicle owned by him, or under his control, to be driven upon any street +in the city by any person who is not authorized to drive a motor vehicle +under the laws of the state, or to be driven or to stand or to be parked +in violation of any provision of this chapter. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-104 Parent Or Guardian Not To Authorize Or Permit Child Or Ward +To Violate +Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-104_Parent_Or_Guardian_Not_To_Authorize_Or_Permit_Child_Or_Ward_To_Violate_Chapter){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for a parent of a child or the guardian of a ward to +authorize or knowingly permit any such child or ward to violate any +provision of this chapter. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-105 Adoption Of State Vehicle +Laws](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-105_Adoption_Of_State_Vehicle_Laws){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +There is hereby adopted and incorporated herein by reference the state +motor vehicle code, 47 O.S. § 1-101 et seq., and the state \"Rules of +the Road,\" 47 O.S. § 11-101 et seq., and all other misdemeanor traffic +and motor vehicle violations in 47 O.S., as now exist and as may be from +time to time amended. Such state laws as adopted herein by reference +shall be fully enforceable by the city within the city limits as fully +as if set out at length herein. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-2 TRAFFIC-CONTROL +DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-2_TRAFFIC-CONTROL_DEVICES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-201 Authority To Install Traffic-Control +Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-201_Authority_To_Install_Traffic-Control_Devices){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-202 Design And Construction Of Traffic-Control Devices; Manual +Of +Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-202_Design_And_Construction_Of_Traffic-Control_Devices;_Manual_Of_Specifications){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-203 Traffic Signs Required For +Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-203_Traffic_Signs_Required_For_Enforcement){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-204 Obedience To Official Traffic-Control +Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-204_Obedience_To_Official_Traffic-Control_Devices){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-205 Obedience To Signal Indicating Approach Of +Train](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-205_Obedience_To_Signal_Indicating_Approach_Of_Train){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-206 Traffic-Control Signal +Legend](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-206_Traffic-Control_Signal_Legend){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-207 Pedestrian-Control +Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-207_Pedestrian-Control_Signals){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-208 Flashing +Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-208_Flashing_Signals){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-209 Pedestrian-Activated School Crossing +Signal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-209_Pedestrian-Activated_School_Crossing_Signal){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-210 Display Of Unauthorized Signs Or Signals, Political +Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-210_Display_Of_Unauthorized_Signs_Or_Signals,_Political_Signs){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-211 Defacing Or Removing Traffic-Control +Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-211_Defacing_Or_Removing_Traffic-Control_Devices){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-212 Designation Of Crosswalks And Safety +Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-212_Designation_Of_Crosswalks_And_Safety_Zones){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-201 Authority To Install Traffic-Control +Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-201_Authority_To_Install_Traffic-Control_Devices){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager, subject to direction of the council, shall have placed +and maintained traffic-control signs, signals and devices when and as +required under the traffic ordinances of the city to make effective the +provisions of such ordinances, and may have placed and maintained such +additional traffic-control signs, signals and devices as it may deem +necessary to regulate traffic under the traffic ordinances of the city +or under state law or to guide or warn traffic. The city manager may +have traffic-control devices tested under actual conditions of traffic. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-202 Design And Construction Of Traffic-Control Devices; Manual +Of +Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-202_Design_And_Construction_Of_Traffic-Control_Devices;_Manual_Of_Specifications){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All traffic-control signs, signals and devices shall conform to the +latest edition of the \"Manual on Uniform Traffic Control Devices for +Streets and Highways,\" as published by the state department of +transportation. All signs and signals required hereunder for a +particular purpose shall so far as practicable be uniform as to type and +location throughout the city. All traffic-control devices so erected and +not inconsistent with the provisions of state law or this chapter shall +be official traffic-control devices. + +**State Law reference**--- Uniform manual adopted by state, state +approval required on state highways, 47 O.S. § 15-104 et seq. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-203 Traffic Signs Required For +Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-203_Traffic_Signs_Required_For_Enforcement){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No provision of this chapter for which signs are required shall be +enforced against an alleged violator if at the time and place of the +alleged violation an official sign was not in proper position and +sufficiently legible to be seen by an ordinarily observant person. +Whenever a particular section does not state that signs are required, +such section shall be effective even though no signs are erected or in +place. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-201. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-204 Obedience To Official Traffic-Control +Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-204_Obedience_To_Official_Traffic-Control_Devices){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The driver of any vehicle shall obey the instructions of any official +traffic-control device unless otherwise directed by a police officer, +subject to the exceptions granted in this chapter to the driver of an +authorized emergency vehicle. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-201. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-205 Obedience To Signal Indicating Approach Of +Train](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-205_Obedience_To_Signal_Indicating_Approach_Of_Train){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Whenever any person driving a vehicle approaches a railroad grade + crossing under any of the circumstances stated in this section, the + driver of such vehicle shall stop within 50 feet but not less than + 15 feet from the nearest rail of such railroad, and shall not + proceed until he can do so safely. The foregoing requirements shall + apply when: + 1. A clearly visible electric or mechanical signal device gives + warning of the immediate approach of a railroad train; + 2. A crossing gate is lowered or when a human flag person gives or + continues to give a signal of the approach or passage of a + railroad train; + 3. A railroad train approaching within approximately 1,500 feet of + the highway crossing emits a signal audible from such distance + and such railroad train, by reason of its speed or nearness to + such crossing, is an immediate hazard; + 4. An approaching railroad train is plainly visible and is in + hazardous proximity to such crossing; and + 5. The tracks at the crossing are not clear +2. No person shall drive any vehicle through, around or under any + crossing gate or barrier at a railroad crossing while such gate or + barrier is closed or is being opened or closed. +3. The operator of any Class A, B, or C commercial vehicle not required + to stop at all railroad crossings, as prescribed in 47 O.S. § + 11-702, shall slow down and check that the tracks are clear of an + approaching train. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-701. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-206 Traffic-Control Signal +Legend](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-206_Traffic-Control_Signal_Legend){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whenever traffic is controlled by traffic-control signals exhibiting the +word \"Go,\" \"Caution\" or \"Stop,\" or exhibiting different colored +lights successively one at a time, or with arrows, the following colors +only shall be used, and the terms and lights shall indicate and apply to +drivers of vehicles and pedestrians as follows: + +1. *Green alone* or \"*Go*.\" + 1. Vehicular traffic facing the signal may proceed straight through + or turn right or left unless a sign or barricade at such place + prohibits either such turn. But vehicular traffic, including + vehicles turning right or left, shall yield the right-of-way to + other vehicles and to pedestrians lawfully within the + intersection or an adjacent crosswalk at the time such signal is + exhibited; + 2. Vehicular traffic facing a green arrow signal, shown alone or in + combination with another indication, may cautiously enter the + intersection only to make the movement indicated by such arrow, + or such other movement as is permitted by other indications + shown at the same time. Such vehicular traffic shall yield the + right-of-way to pedestrians lawfully within an adjacent + crosswalk and to other traffic lawfully using the intersection; + and + 3. Unless otherwise directed by a pedestrian-control signal, + pedestrians facing the signal may proceed across the roadway + within any marked or unmarked crosswalk; +2. *Steady yellow alone*. + 1. Vehicular traffic facing a steady circular yellow or yellow + arrow signal is thereby warned that the red or \"Stop\" signal + will be exhibited immediately thereafter, and such vehicular + traffic shall not enter or be crossing the intersection when the + red or \"Stop\" signal is exhibited; and + 2. Pedestrians facing such signal, unless otherwise directed by a + pedestrian control signal, are thereby advised that there is + insufficient time to cross the roadway, and any pedestrian then + starting to cross shall yield the right-of-way to all vehicles; +3. *Steady red alone* or \"*Stop*.\" + 1. Vehicular traffic facing the signal shall stop at a clearly + marked stop line, but if none, before entering the crosswalk on + the near side of the intersection, or, if none, then before + entering the intersection, and shall remain standing until + indication to proceed is shown. However, vehicles in the right + traffic lane after making a stop as above required may enter the + intersection cautiously and make a right turn unless \"No Turn + on Red\" signs are posted to prohibit right turns; but such + vehicle shall yield the right-of-way to any pedestrian or other + traffic in the intersection, and such turn shall not be made so + as to interfere with traffic proceeding on a green signal + indication on the cross street; + 2. No pedestrian facing such signal shall enter the roadway until + the green or \"Go\" is shown alone or until authorized so to do + by a pedestrian \"Walk\" signal; and +4. *Steady red with green arrow*. + 1. Vehicular traffic facing such signal may cautiously enter the + intersection only to make the movement indicated by such arrow, + but shall yield the right-of-way to pedestrians lawfully within + a crosswalk and to other traffic lawfully using the + intersection; + 2. No pedestrian facing such signal shall enter the roadway until + the green or \"Go\" is shown alone or until authorized so to do + by pedestrian \"Walk\" signal; and + 3. In the event an official traffic-control signal is erected and + maintained at a place other than an intersection, the provisions + of this section shall be applicable except as to those + provisions which by their nature can have no application. Any + stop required shall be made at a sign or marking on the pavement + indicating where the stop shall be made. In the absence of any + such sign or marking, the stop shall be made at the signal. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-202. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-207 Pedestrian-Control +Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-207_Pedestrian-Control_Signals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whenever special pedestrian-control signals exhibiting the term \"Walk\" +or \"Wait\" or \"Don\'t Walk\" are in place, such signals shall indicate +as follows: + +1. \"*Walk*.\" Pedestrians facing such signal may proceed across the + roadway in the direction of the signal and shall be given the + right-of-way by the drivers of all vehicles; and +2. \"*Wait*,\" \"*Don\'t Walk*.\" No pedestrian shall start to cross + the roadway in the direction of such signal, but any pedestrian who + has partially completed his crossing on the Walk signal shall + proceed to a sidewalk or safety island while the \"Wait\" signal is + showing. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-203. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-208 Flashing +Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-208_Flashing_Signals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Whenever an illuminated flashing red or yellow signal is used in a + traffic sign or signal, it shall require obedience by vehicular + traffic as follows: + 1. *Flashing red (stop signal)*. When a red lens is illuminated + with rapid intermittent flashes, drivers of vehicles shall stop + before entering the nearest crosswalk at an intersection or at a + limit line when marked, or, if none, than before entering the + intersection. The right to proceed shall be subject to the rules + applicable after making a stop at a stop sign; and + 2. *Flashing yellow (caution signal)*. When a yellow lens is + illuminated with rapid intermittent flashes, drivers of vehicles + may proceed through the intersection or past such signal only + with caution. +2. This section shall not apply at railroad grade crossings. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-204. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-209 Pedestrian-Activated School Crossing +Signal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-209_Pedestrian-Activated_School_Crossing_Signal){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whenever a pedestrian-activated school crossing signal is provided, it +requires obedience by vehicular traffic and pedestrians as follows: + +1. *Flashing yellow*. + 1. When a yellow lens is illuminated with rapid intermittent + flashes, drivers or operators of vehicles may proceed through + the intersection or past such signal only with caution; and + 2. Pedestrians shall not proceed in conflict with traffic, but may + actuate the signal-control switch, and shall wait until steady + red alone is shown before entering the roadway or intersection + controlled by the signal; +2. *Steady yellow alone*. + 1. Vehicular traffic facing the signal is thereby warned that the + red or \"Stop\" signal will be exhibited immediately thereafter, + and such vehicular traffic shall not enter or be crossing the + intersection or past the signal when the red or \"Stop\" signal + is exhibited; and + 2. No pedestrian shall enter the roadway or intersection on which + the signal controls vehicular traffic until steady red alone is + shown; +3. *Steady red*. + 1. Vehicular traffic facing the signal shall stop before entering + the crosswalk on the near side of the intersection, or, if none, + then before passing the signal or entering the intersection, and + shall remain standing until flashing yellow is shown alone; and + 2. Pedestrians may proceed across the road controlled by the + signal, and shall be given the right-of-way by the drivers of + all vehicles; and +4. *Steady red and steady yellow combined*. + 1. Vehicular traffic facing the signal is thereby warned that the + flashing yellow signal will be exhibited immediately thereafter, + and that such vehicular traffic shall remain standing until the + flashing yellow is shown alone; and + 2. Pedestrians are thereby warned that the flashing yellow signal + is about to be shown, and shall not enter the signal-controlled + roadway or intersection, or in a direction which conflicts with + the movement of vehicular traffic; but any pedestrian who has + partially completed his crossing shall proceed to the nearest + sidewalk or safety island and shall be given the right-of-way by + the drivers of all vehicles. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-205. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-210 Display Of Unauthorized Signs Or Signals, Political +Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-210_Display_Of_Unauthorized_Signs_Or_Signals,_Political_Signs){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall place, maintain or display upon or in view of any + highway an unauthorized sign, signal, marking or device which + purports to be or is an imitation of or resembles an official + traffic-control device or railroad sign or signal, which attempts to + direct the movement of traffic which projects any flashing or + revolving beams of light, or which hides from view or interferes + with the effectiveness of any official traffic-control device or any + railroad sign or signal. +2. No person shall place or maintain nor shall any public authority + permit upon any highway any traffic sign, signal or device bearing + thereon any commercial advertising. +3. This section shall not prohibit the erection upon private property + adjacent to highways of signs giving useful directional information + and of a type that cannot be mistaken for official signs. +4. The city is empowered to remove every such prohibited sign, signal, + marking or device without notice. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-206. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-211 Defacing Or Removing Traffic-Control +Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-211_Defacing_Or_Removing_Traffic-Control_Devices){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall, without lawful authority, attempt to or in fact alter, +deface, injure, knock down, change the position of or remove any +official traffic-control device or any railroad sign or signal or any +inscription, shield or insignia thereon, or any other part thereof. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-212 Designation Of Crosswalks And Safety +Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-212_Designation_Of_Crosswalks_And_Safety_Zones){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager, subject to direction by the council, is authorized to: + +1. Designate and have maintained by appropriate devices, marks or lines + upon the surface of the roadway crosswalks at intersections where in + his opinion there is particular danger to pedestrians crossing the + roadway, and at such other places as he may deem necessary; and +2. Establish safety zones or islands of such kind and character and at + such places as he may deem necessary for the protection of + pedestrians. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-3 +EQUIPMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-3_EQUIPMENT){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-301 Equipment Required; Use Of +Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-301_Equipment_Required;_Use_Of_Equipment){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-302 Muffler Required, +Cutouts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-302_Muffler_Required,_Cutouts){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-303 Width, Height, Length, Weight And +Load](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-303_Width,_Height,_Length,_Weight_And_Load){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-304 Windshields To Be Unobstructed; Wipers +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-304_Windshields_To_Be_Unobstructed;_Wipers_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-305 Inspection Of +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-305_Inspection_Of_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-306 Vehicles To Be Registered, Display Of +Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-306_Vehicles_To_Be_Registered,_Display_Of_Tags){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-301 Equipment Required; Use Of +Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-301_Equipment_Required;_Use_Of_Equipment){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every vehicle operated upon the streets of the city shall be + equipped as required by 47 O.S. No person shall operate a vehicle + upon a street of the city which is not equipped as required by state + law. +2. No person shall fail to use such equipment in the manner required by + state law, or use it in a manner prohibited by state law. + +**State Law reference**--- Equipment required on vehicles, 47 O.S. § +12-101 et seq. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-302 Muffler Required, +Cutouts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-302_Muffler_Required,_Cutouts){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every vehicle shall be equipped, maintained, and operated so as to + prevent excessive or unusual noise. Every motor vehicle shall at all + times be equipped with a muffler or other effective + noise-suppressing system in good working order and in constant + operation, and no person shall use a muffler cut-out, bypass or + similar device. No person shall modify the exhaust system of a motor + vehicle in any manner which will amplify or increase the noise or + sound emitted louder than that emitted by the muffler originally + installed on the vehicle. +2. The engine and power mechanism of every motor vehicle shall be so + equipped and adjusted as to prevent the escape of excessive fumes or + smoke, or both. + +**State Law reference**--- Similar provisions, 47 O.S. § 12-402. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-303 Width, Height, Length, Weight And +Load](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-303_Width,_Height,_Length,_Weight_And_Load){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall drive or convey through any street any vehicle the +width, height, length, weight or load of which exceeds that authorized +by state law, except in accordance with a permit issued by state +authority or by the chief of police. + +**State Law reference**--- Vehicle size, weight and load, 11 O.S. § +14-101 et seq. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-304 Windshields To Be Unobstructed; Wipers +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-304_Windshields_To_Be_Unobstructed;_Wipers_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following words, terms and phrases, when used in this section, + shall have the meanings ascribed to them in this subsection, except + where the context clearly indicates a different meaning:\ + *Critical area* means the area cleaned by the normal sweep of the + windshield wiper blade on the driver\'s side. The area covered by + the wiper blade cannot be reduced from manufacturer\'s original + specifications.\ + *Noncritical areas* means all other areas.\ + *Outright breakage* means glass which is severely cracked or + shattered to the extent that air passes through it or, if by running + a fingertip over the cracked area, the glass moves or sharp edges + can be felt.\ + *Star break* or *shot damage* means a vented break with cracks + radiating from the point of impact.\ + *Stress* or *hairline crack* means a crack which has no visible + point of impact. +2. No person shall operate any motor vehicle which: + 1. Is not equipped with a windshield; + 2. Has any outright breakage in the windshield or in the window on + either side of the driver; + 3. Has any star break or shot damage, three inches or more in + diameter, located in the critical area; or + 4. Has two or more stress or hairline cracks, 12 inches or more in + combined length, located in the critical area. +3. No person shall drive any motor vehicle with any sign, poster, other + nontransparent material, or debris, including, but not limited to, + snow, ice, or frost, upon the front windshield or the side wings, or + side or rear windows or suspend any sign, poster, object, or other + material from the interior of the vehicle which materially + obstructs, obscures, or impairs the driver\'s clear view of the + highway ahead or to either side or of any intersecting highway. +4. The windshield on every motor vehicle shall be equipped with an + electric windshield wiper mechanism for cleaning rain, snow, or + other moisture from the windshield. +5. Every windshield wiper blade and windshield wiper mechanism upon a + motor vehicle shall be maintained in good working order. When + replacing the wiper blade, the length of the blade shall not be + reduced from the manufacturer\'s specification. + +**State Law reference**--- Similar provisions, 47 O.S. § 12-404. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-305 Inspection Of +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-305_Inspection_Of_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Police officers may at any time upon reasonable cause to believe that a +vehicle is unsafe or not equipped as required by law, or that its +equipment is not in proper adjustment or repair or the operator is not +properly licensed, require the driver of such vehicle to stop and submit +such vehicle to an inspection and such test with reference thereto as +may be appropriate. + +**State Law reference**--- State officers may inspect vehicles, 47 O.S. +§§ 13-102, 13-103. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-306 Vehicles To Be Registered, Display Of +Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-306_Vehicles_To_Be_Registered,_Display_Of_Tags){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall operate a vehicle of any kind upon a street of the + city without a state vehicle license or tag as may be required by + law. + 1.  [No citation may be issued by a law enforcement officer during + the thirty (30) day period immediately succeeding the last day + of the month during which a vehicle registration should have + been renewed and a current license plate decal obtained and + displayed on the license plate of the + vehicle]{style="color: rgb(0, 128, 0); text-decoration-line: underline;"}[.]{style="color: rgb(0, 128, 0); text-decoration-line: underline;"}\ +2. No person shall fail to display the state vehicle license or tag as + required by law or attach any trailer hitch or other device in a + manner as to cover or partially cover the vehicle license. +3. At all times while a vehicle is being used or operated on the roads + of this municipality, the operator of the vehicle shall have in his + or her possession or carry in the vehicle and exhibit upon demand to + any peace officer either a: + 1. Registration certificate or an official copy thereof; + 2. True copy of rental or lease documentation issued for a motor + vehicle; + 3. Registration certificate or an official copy thereof issued for + a replacement vehicle in the same registration period; + 4. Temporary receipt printed upon self-initiated electronic renewal + of a registration via the internet; or + 5. Cab card issued for a vehicle registered under the International + Registration Plan. +4. The provisions of subsection (C) of this section shall not apply to + the first 30 days after purchase of a replacement vehicle. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +Amended by Ord. +[913(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287942_Ordinance%20913(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/3/2019\ +Amended by Ord. +[1010.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1010.22.pdf){.k-link +target="_blank" style="color:#0000EE"} on 7/18/2022\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-4 CERTAIN VEHICLES +PROHIBITED](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-4_CERTAIN_VEHICLES_PROHIBITED){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-401 Vehicles Injurious To Streets; Metal Tires +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-401_Vehicles_Injurious_To_Streets;_Metal_Tires_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-402 Obstructive And Dangerous Vehicles; Covering Of +Loads](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-402_Obstructive_And_Dangerous_Vehicles;_Covering_Of_Loads){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-403 Permit For Vehicles With Protruding Parts On +Wheels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-403_Permit_For_Vehicles_With_Protruding_Parts_On_Wheels){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-404 Deposit Of Glass, Nails Or Other Injurious Matter In +Streets; Responsibility To Remove After +Accident](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-404_Deposit_Of_Glass,_Nails_Or_Other_Injurious_Matter_In_Streets;_Responsibility_To_Remove_After_Accident){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-401 Vehicles Injurious To Streets; Metal Tires +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-401_Vehicles_Injurious_To_Streets;_Metal_Tires_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every solid rubber tire on a vehicle shall have rubber on its entire + traction surface at least one inch thick above the edge of the + flange of the entire periphery. + +2. A person shall not operate or move on any hard-surfaced highway any + vehicle having any metal tire in contact with the roadway, except + when authorized by special permit. + +3. 1. Any tire on a vehicle moved on a highway shall not have on its + periphery any block, stud, flange, cleat or spike or any other + protuberance of any material other than rubber which projects + beyond the tread of the traction surface of the tire, except + that it shall be permissible: + 1. To use farm tractors or implements of husbandry with tires + having protuberances which will not injure the highway; + 2. To use tire chains of reasonable proportions upon any + vehicle when required for safety because of snow, ice, or + other conditions tending to cause a vehicle to skid; or + 3. For pneumatic tires equipped with or having on their + periphery studs of metal, porcelain or other material to be + sold or used in the state, if constructed to provide + resiliency upon contact with the road surface, so that not + more than three percent in the aggregate of the traction + surface of such tire is composed of such studs and so that + such studs do not project more than three thirty-seconds of + an inch beyond the tread of the traction surface of such + tire and have a rate of wear which will so limit such + projection. + 2. The exceptions permitted in subsection (C)(1) of this section + shall be subject to the following restrictions: + 1. The use of such tires or tire chains shall be limited to + vehicles with rated capacities up to and including two tons; + 2. Any tire so equipped shall not be used on a public highway + earlier than November 1 of each year or later than April 1 + of the following year; and + 3. Copies of this subsection (C) shall be posted in all places + at which tires or tire chains are sold, and a printed or + written warning on the time limitation for the use of such + tires or tire chains shall be furnished to each buyer, + purchaser, or user by the seller of such studded tires or + tire chains. + +4. Operator selectable \"on demand\" studded tires having + traction-enhancing studs located outside the normal tread area which + allows their operation as conventional tires on dry roads or as + studded tires on ice-coated roads by the expedient of reducing or + increasing the air pressure within the tires, shall be exempt from + the prohibitions of subsection (C) of this section with the + following exceptions: + 1. The use of such tires shall be limited to vehicles with rated + capacities up to and including two tons; + 2. Any such tire shall not be deflated so that the studs lower and + make contact with the road surface earlier than November 1 of + each year or later than April 1 of the following year. + +5. A person shall not operate any vehicle when one or more of the tires + in use on that vehicle is in unsafe operating condition or has a + tread depth less than two-thirty-seconds inch measured in any two + adjacent tread grooves at three equally spaced intervals around the + circumference of the tire, provided such measurements shall not be + made at the location of any tread wear indicator, tie bar, hump, or + fillet. As used in this subsection, an unsafe tire includes, but is + not limited to, any tire: + 1. On which the ply or cord is exposed in the tread area; + 2. Which has been regrooved or recut below the original groove + depth, except tires that have been designed with under-rubber + sufficient for regrooving and are so marked; + 3. Marked \"Farm Implement Only,\" \"Not for Highway Use,\" or any + other marking that would indicate that the tire is not for + normal highway use, provided no such marking shall be altered or + removed; + 4. On which any bulges, bumps, or knots show in the tread or + sidewall area; or + 5. On the front steering axle of a truck-tractor which has tread + depth measuring less than four-thirty-seconds inch. + +6. Every wheel on a vehicle shall not be cracked and shall be securely + fastened to the hub of the vehicle with all lug nuts properly + affixed. + +7. No vehicle or combination of vehicles, weighing eight tons or more, + loaded or unloaded, shall be driven or moved on Eastern Avenue, + between SW 34th Street and Indian Hills Road, within the corporate + limits of the city. This subsection shall not apply to vehicles + owned and operated by public utility corporations or the city while + such vehicles are being used in the performance of their official + duties. + +(Ord. No. 152(96), 4-15-1996; Ord. No. 202(97), 8-18-1997) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-402 Obstructive And Dangerous Vehicles; Covering Of +Loads](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-402_Obstructive_And_Dangerous_Vehicles;_Covering_Of_Loads){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall drive any vehicle in such condition, so constructed, + or so loaded as to cause delay or be likely to cause delay in + traffic, or as to constitute a hazard to persons or property, except + by permit issued by the city and in accordance with the terms of + such permit. +2. No vehicle shall he driven or moved on any street unless such + vehicle is so constructed or loaded as to prevent any of its load + from dropping, sifting, leaking, blowing or otherwise escaping + therefrom, except that sand may be dropped for the purpose of + securing traction or water or other substances may be sprinkled on a + roadway in cleaning or maintaining such roadway. +3. No person shall operate on any street any vehicle with any load + unless the load and any covering thereon is securely fastened so as + to prevent the covering or load from becoming loose, detached or in + any manner a hazard to other users of the highway. Any vehicle + loaded with sand, cinders or other loose materials susceptible to + blowing or escaping by reason of wind shall have such load covered + or dampened so as to prevent the blowing or escaping of the load + from the vehicle. +4. This section shall not apply to trucks loaded with livestock, + poultry or agricultural products only, except baled agricultural + products; however, any such trucks shall be so constructed or loaded + as to prevent such livestock or poultry from escaping therefrom. + +**State Law reference**--- Similar provisions, 47 O.S. § 14-105. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-403 Permit For Vehicles With Protruding Parts On +Wheels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-403_Permit_For_Vehicles_With_Protruding_Parts_On_Wheels){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to drive, pull or move, otherwise than by +hauling, upon the paved streets of the city, any tractor or other +vehicle with lugs, flanges or other protruding parts upon the surface of +the wheels of the same, without first obtaining a written permit from +the city engineer. Such permit shall not be granted unless all lugs, +flanges or other protruding parts upon the surface of the wheels are +first removed, or unless a base or board way is laid upon the paved +street for the wheels of such vehicle to run upon so as to keep the +wheels from coming in contact with the pavement and so as to entirely +protect the pavement from the wheels. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-404 Deposit Of Glass, Nails Or Other Injurious Matter In +Streets; Responsibility To Remove After +Accident](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-404_Deposit_Of_Glass,_Nails_Or_Other_Injurious_Matter_In_Streets;_Responsibility_To_Remove_After_Accident){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It shall be unlawful for any person to place, or cause to be placed, + or let fall and remain, in or upon any street, any scrap iron, nail, + tack, glass or other thing which is likely to injure persons or + damage property, or to render a street unsafe for traffic. +2. Any person removing a wrecked or damaged vehicle from a street shall + remove any glass or other injurious substance dropped upon the + street from such vehicle. The owner of the vehicle, or insurer of + the owner of the vehicle if the owner\'s insurance policy provides + coverage for such expense, shall be responsible for the cost of + removal of the vehicle and the glass or other injurious substance + and any vehicle storage fees. The cost of the removal of the vehicle + and any storage fees shall be the same as established by the + corporation commission for nonconsensual tows. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1110. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-5 DRIVING, OVERTAKING AND +PASSING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-5_DRIVING,_OVERTAKING_AND_PASSING){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-501 Driving On Right Side Of Roadway, +Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-501_Driving_On_Right_Side_Of_Roadway,_Exception){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-502 Passing Vehicles Proceeding In Opposite +Direction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-502_Passing_Vehicles_Proceeding_In_Opposite_Direction){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-503 Passing Vehicle On +Left](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-503_Passing_Vehicle_On_Left){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-504 Passing Vehicle On +Right](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-504_Passing_Vehicle_On_Right){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-505 Passing Requirements, Duty Of Overtaken +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-505_Passing_Requirements,_Duty_Of_Overtaken_Vehicle){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-506 Passing +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-506_Passing_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-507 Designation Of No-Passing +Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-507_Designation_Of_No-Passing_Zones){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-508 School Buses; Markings; Passing +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-508_School_Buses;_Markings;_Passing_Regulations){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-509 Driving On Laned Roadways, Marking Traffic +Lanes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-509_Driving_On_Laned_Roadways,_Marking_Traffic_Lanes){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-510 Driving On Divided +Highways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-510_Driving_On_Divided_Highways){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-511 Following Too +Closely](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-511_Following_Too_Closely){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-512 Restricted-Access +Roadways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-512_Restricted-Access_Roadways){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-513 Driving Through Service +Drives](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-513_Driving_Through_Service_Drives){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-514 Reckless +Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-514_Reckless_Driving){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-515 Careless Or Negligent +Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-515_Careless_Or_Negligent_Driving){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-516 Inattention To Driving; Texting While +Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-516_Inattention_To_Driving;_Texting_While_Driving){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-517 Driving Over Fire +Hose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-517_Driving_Over_Fire_Hose){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-518 Following Fire Or Emergency +Apparatus](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-518_Following_Fire_Or_Emergency_Apparatus){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-519 Procedure On Approach Of Emergency +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-519_Procedure_On_Approach_Of_Emergency_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-520 Driving Under The Influence While Under +Age](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-520_Driving_Under_The_Influence_While_Under_Age){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-521 Driver\'s License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-521_Driver's_License_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-522 Driving While License Suspended, Use Of False +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-522_Driving_While_License_Suspended,_Use_Of_False_License){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-523 Permitting Unlicensed Person To +Drive](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-523_Permitting_Unlicensed_Person_To_Drive){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-524 Driving Through Funeral +Processions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-524_Driving_Through_Funeral_Processions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-525 Driving In Funeral +Procession](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-525_Driving_In_Funeral_Procession){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-526 Identification Of Funeral +Processions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-526_Identification_Of_Funeral_Processions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-527 Use Of Roller Skates, Coasters, Skateboards On +Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-527_Use_Of_Roller_Skates,_Coasters,_Skateboards_On_Roadway){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-528 Play Streets +Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-528_Play_Streets_Authorized){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-529 Use Of Play Streets By Motor +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-529_Use_Of_Play_Streets_By_Motor_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-530 Obstructing Intersection Or +Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-530_Obstructing_Intersection_Or_Crosswalk){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-531 Driving On Sidewalk +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-531_Driving_On_Sidewalk_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-532 Driving In Public Parks And Other Properties +Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-532_Driving_In_Public_Parks_And_Other_Properties_Restricted){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-533 Driving On Property Without +Permission](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-533_Driving_On_Property_Without_Permission){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-534 Starting Stopped Or Parked +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-534_Starting_Stopped_Or_Parked_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-535 Backing Of +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-535_Backing_Of_Vehicle){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-536 Opening And Closing Vehicle +Door](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-536_Opening_And_Closing_Vehicle_Door){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-537 Obstructions To Driver\'s View, Number In Front Seat; +Overloading School +Bus](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-537_Obstructions_To_Driver's_View,_Number_In_Front_Seat;_Overloading_School_Bus){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-538 Clinging To +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-538_Clinging_To_Vehicle){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-539 Boarding Or Alighting From Moving +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-539_Boarding_Or_Alighting_From_Moving_Vehicle){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-540 Riding Outside Vehicle +Compartment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-540_Riding_Outside_Vehicle_Compartment){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-541 Driving Through Safety +Zone](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-541_Driving_Through_Safety_Zone){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-542 Child Passenger Restraint System Or Seat Belt Required; +Exceptions; +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-542_Child_Passenger_Restraint_System_Or_Seat_Belt_Required;_Exceptions;_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-543 Seat Belts Required For Front Seat Passengers; +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-543_Seat_Belts_Required_For_Front_Seat_Passengers;_Exceptions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-544 Certain Vehicles To Stop At All Railroad +Crossings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-544_Certain_Vehicles_To_Stop_At_All_Railroad_Crossings){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-545 Approaching Stationary Emergency Vehicle Displaying Flashing +Lights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-545_Approaching_Stationary_Emergency_Vehicle_Displaying_Flashing_Lights){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-546 Procedures For Motor Vehicles Required To Merge In +Maintenance And Construction +Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-546_Procedures_For_Motor_Vehicles_Required_To_Merge_In_Maintenance_And_Construction_Zones){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-501 Driving On Right Side Of Roadway, +Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-501_Driving_On_Right_Side_Of_Roadway,_Exception){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Upon all roadways of sufficient width a vehicle shall be driven upon + the right half of the roadway, except as follows: + 1. When overtaking and passing another vehicle proceeding in the + same direction under the laws governing such movement; + 2. When an obstruction exists making it necessary to drive to the + left of the center of the highway, provided any person so doing + shall yield the right-of-way to all vehicles traveling in the + proper direction upon the unobstructed portion of the highway + within such distance as to constitute an immediate hazard; + 3. Upon a roadway divided into three marked lanes for traffic under + the laws applicable thereon; + 4. Upon a roadway restricted to one-way traffic; or + 5. Upon a roadway having four or more lanes for moving traffic and + providing for two-way movement of traffic. +2. Upon all roadways, any vehicle proceeding at less than the normal + speed of traffic at the time and place and under the conditions then + existing shall be driven in the right-hand lane when available for + traffic, or as close as practicable to the right-hand curb or edge + of the roadway and may be temporarily driven upon the right-hand + shoulder for the purpose of permitting other vehicles to pass. This + subsection shall not apply when overtaking and passing another + vehicle proceeding in the same direction or when preparing for a + left turn at an intersection or into a private road or driveway. +3. Upon any roadway having four or more lanes for moving traffic and + providing for two-way movement of traffic, no vehicle shall be + driven to the left of the centerline of the roadway, except when + authorized by official traffic-control devices designating certain + lanes to the left side of the center of the roadway for use by + traffic not otherwise permitted to use such lanes, or except as + permitted under subsection (A)(2) of this section. However, this + subsection shall not be construed as prohibiting the crossing of the + centerline in making a left turn into or from an alley, private road + or driveway. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-301. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-502 Passing Vehicles Proceeding In Opposite +Direction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-502_Passing_Vehicles_Proceeding_In_Opposite_Direction){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Drivers of vehicles proceeding in opposite directions shall pass each +other to the right. Upon roadways having width for not more than one +line of traffic in each direction, each driver shall give to the other +at least one-half of the traveled portion of the roadway as nearly as +possible. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-302. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-503 Passing Vehicle On +Left](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-503_Passing_Vehicle_On_Left){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following requirements shall govern the overtaking and passing of +vehicles proceeding in the same direction, subject to those limitations, +exceptions and special requirements hereinafter stated: + +1. The driver of a vehicle overtaking another vehicle proceeding in the + same direction shall pass to the left thereof at a safe distance and + shall not again drive to the right side of the roadway until safely + clear of the overtaken vehicle; +2. Except when overtaking and passing on the right is permitted, the + driver of an overtaken vehicle shall give way to the right in favor + of the overtaking vehicle on audible signal and shall not increase + the speed of his vehicle until completely passed by the overtaking + vehicle; and +3. Every driver who intends to pass another vehicle proceeding in the + same direction, which requires moving his vehicle from one lane of + traffic to another, shall first see that such movement can be made + with safety and shall proceed to pass only after giving a proper + signal by hand or mechanical device. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-303. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-504 Passing Vehicle On +Right](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-504_Passing_Vehicle_On_Right){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The driver of a vehicle may overtake and pass upon the right of + another vehicle only under the following conditions: + 1. When the vehicle overtaken is making or about to make a left + turn; + 2. Upon a street or highway with unobstructed pavement not occupied + by parked vehicles and marked with lines for two or more lanes + of traffic in each direction; and + 3. Upon a one-way street or upon any roadway on which traffic is + restricted to one direction of movement, where the roadway is + free from obstructions and of sufficient width for two more + lines of moving vehicles. +2. The driver of a vehicle may overtake and pass another vehicle upon + the right only under conditions permitting such movement in safety. + In no event shall such movement be made by driving off the pavement + or main-traveled portion of the roadway. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-304. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-505 Passing Requirements, Duty Of Overtaken +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-505_Passing_Requirements,_Duty_Of_Overtaken_Vehicle){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No vehicle shall be driven to the left side of the center of the + roadway in overtaking and passing another vehicle proceeding in the + same direction unless such left side is clearly visible and is free + of oncoming traffic for a sufficient distance ahead to permit such + overtaking and passing to be completely made without interfering + with the safe operation of any vehicle approaching from the opposite + direction or any vehicle overtaken. The overtaking vehicle must + return to the roadway before coming within 100 feet of any vehicle + approaching from the opposite direction. +2. Except as provided elsewhere in this chapter, the driver of a + vehicle overtaking another vehicle proceeding in the same direction + shall pass to the left thereof at a safe distance, and shall not + again drive to the right side of the roadway until safely clear of + the overtaken vehicle. +3. Every driver who intends to pass another vehicle proceeding in the + same direction, which requires movement of his vehicle from one lane + of traffic to another, shall first see that such movement can be + made with safety and shall proceed to pass only after giving a + proper signal by hand or mechanical device. +4. Except when overtaking and passing on the right is permitted, the + driver of an overtaken vehicle shall give way to the right in favor + of the overtaking vehicle on audible signal, and shall not increase + the speed of his vehicle until completely passed by the overtaking + vehicle. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-305. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-506 Passing +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-506_Passing_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No vehicle shall at any time be driven to the left side of the + roadway under the following conditions: + 1. When approaching the crest of a grade or upon a curve in the + highway where the driver\'s view is obstructed within such + distance as to create a hazard in the event another vehicle + might approach from the opposite direction; + 2. When traversing an intersection or railroad grade crossing; or + 3. When the view is obstructed upon approaching within 100 feet of + any bridge, viaduct or tunnel. +2. It is a violation to pass on the left by going to the left of the + center of the roadway across a double-marked centerline for the + purpose of passing a vehicle traveling in the same direction. +3. This section shall not apply upon a one-way roadway. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-306. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-507 Designation Of No-Passing +Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-507_Designation_Of_No-Passing_Zones){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The state department of transportation as regards state and federal + highways, and the city manager, subject to direction of the council, + as regards all other streets, are authorized to determine those + portions of a highway where overtaking and passing or driving to the + left of the roadway would be especially hazardous and shall, by + appropriate signs or markings on the roadway, have the beginning and + end of such zones indicated. When such signs or markings are in + place and clearly visible to an ordinarily observant person, every + driver of a vehicle shall obey the directions thereof. +2. Where signs or markings are in place to define a no-passing zone, no + driver shall at any time drive to the left side of the roadway + within such no-passing zone or on the left side of any pavement + stripping designed to mark such no-passing zone through its length. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-307. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-508 School Buses; Markings; Passing +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-508_School_Buses;_Markings;_Passing_Regulations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The driver of a vehicle upon any street or highway in the city upon + meeting or overtaking from either direction any school bus on which + the red loading signals are in operation and which has stopped for + the purpose of receiving or discharging any school children and + other occupants shall stop the vehicle before it reaches the school + bus. The driver may then proceed to pass such school bus at a speed + which is reasonable and prudent and with due caution for the safety + of such school children and other occupants after the loading + signals are deactivated. +2. Every school bus used for the transportation of school children + shall bear upon the front and rear thereof plainly visible signs + containing the words \"School Bus\" in letters not less than eight + inches in height and, in addition, shall be equipped with visual + signs meeting the requirements of state law which shall be actuated + by the driver of the school bus whenever, but only whenever, such + vehicle is stopped on a street or highway for the purpose of + receiving or discharging school children. +3. The driver of a vehicle upon a street or highway with separate + roadways need not stop upon meeting or passing a school bus which is + on a different roadway or when upon a controlled-access highway and + the school bus is stopped in a loading zone which is part of or + adjacent to such street or highway and where pedestrians are not + permitted to cross the roadway. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-705. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-509 Driving On Laned Roadways, Marking Traffic +Lanes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-509_Driving_On_Laned_Roadways,_Marking_Traffic_Lanes){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city manager, subject to direction of the council, is authorized + to have traffic lanes marked upon the roadway or any street where a + regular alignment of traffic is necessary. +2. Whenever any roadway has been divided into two or more clearly + marked lanes for traffic, the following rules, in addition to all + others consistent herewith, shall apply: + 1. A vehicle shall he driven as nearly as practicable entirely + within a single lane and shall not be moved from such lane until + the driver has first ascertained that such movement can be made + with safety and has properly signaled his intentions to do so; + 2. Upon a roadway which is divided into three lanes, a vehicle + shall not be driven in the center lane except when overtaking + and passing another vehicle where the roadway is clearly visible + and such center lane is clear of traffic within a safe distance, + or in preparation for a left turn, or where such center lane is + at the time allocated exclusively to traffic moving in the + direction the vehicle is proceeding and is sign posted to give + notice of such allocation; and + 3. Official signs may be erected directing slow-moving traffic to + use a designated lane or designating those lanes to be used by + traffic moving in a particular direction regardless of the + center of the roadway, and drivers of vehicles shall obey the + directions of every such sign. +3. Where traffic lanes have been marked, no operator of any vehicle + shall fail or refuse to keep the vehicle within the boundaries of + any such lane except when lawfully passing another vehicle or + preparatory to making lawful turning movement or otherwise + authorized by ordinance. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-309. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-510 Driving On Divided +Highways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-510_Driving_On_Divided_Highways){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whenever any highway has been divided into two or more roadways by +leaving an intervening space or by a physical barrier or clearly +indicated dividing section so constructed as to impede vehicular +traffic, every vehicle shall be driven only upon the right-hand roadway +unless directed or permitted to use another roadway by official +traffic-control devices or peace officers. No vehicle shall be driven +over, across or within any such dividing space, barrier or section, +except through a permanent opening in the dividing space, barrier or +section or at a permanent cross-over or intersection as established +unless specifically prohibited by public authority. No vehicle shall be +driven over, across or within any temporary opening in a dividing space, +barrier or section or at a temporary cross-over or intersection unless +specifically authorized by a public authority or at the direction of a +peace officer. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-311. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-511 Following Too +Closely](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-511_Following_Too_Closely){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The driver of a motor vehicle shall not follow another vehicle more +closely than is reasonable and prudent, having due regard to the speed +of such vehicles and the traffic upon and the condition of the highway. +Such driver following too closely shall be deemed negligent. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-310. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-512 Restricted-Access +Roadways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-512_Restricted-Access_Roadways){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall drive a vehicle onto or from any controlled-access +roadway except at such entrances and exits as are established by public +authority. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-312. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-513 Driving Through Service +Drives](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-513_Driving_Through_Service_Drives){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No vehicle shall he driven through any service drive or parking area +except for the purpose of attaining service or merchandise or for the +purpose of parking thereon. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-514 Reckless +Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-514_Reckless_Driving){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It shall be deemed reckless driving for any person to drive a motor + vehicle in a careless or wanton manner without regard for the safety + of persons or property. +2. Any person convicted of violating this section shall be punished by + a fine not to exceed \$500.00 and shall pay court costs. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-901. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +Amended by Ord. +[1026.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1026.23.pdf){.k-link +target="_blank" style="color:#0000EE"} on 6/5/2023\ +* +::: + +
+ +::: phx-name +[Sec 15-515 Careless Or Negligent +Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-515_Careless_Or_Negligent_Driving){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall drive, use, operate, park, cause to be parked, or + stop any vehicle: + 1. In a careless manner; + 2. In a negligent manner; + 3. In such a manner as to endanger life, limb, person or property; + or + 4. In such a manner or condition as to interfere with the lawful + movement of traffic or use of the streets. +2. Every driver of a motor vehicle shall, upon stopping, or upon + stopping and leaving the vehicle, park the same in a careful and + prudent manner and place so as not to interfere with the operation + of other vehicles or with pedestrians or other traffic. Failure to + comply with these requirements shall he deemed careless driving in + violation of this section. +3. Any driver who operates or continues to operate his vehicle when any + other person riding thereon or therein engages in any activity or + does any act which interferes with his operation thereof is guilty + of careless driving. +4. A driver of a motor vehicle who collides with another vehicle or + with any person or property because of driving error is guilty of + careless driving. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-516 Inattention To Driving; Texting While +Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-516_Inattention_To_Driving;_Texting_While_Driving){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every driver shall remain alert and give full attention to the safe + control and operation of his vehicle while it is in motion. Any + driver who engages in any activity or does any act while driving + that interferes with the safe operation and control of his vehicle + is guilty of inattention to driving. A driver of a motor vehicle who + collides with another vehicle or with any person or property because + of inattention is guilty of careless driving. +2. It shall be unlawful for any person to operate a motor vehicle on + any street or highway within the city while using a hand-held + electronic communication device to manually compose, send or read an + electronic text message while the motor vehicle is in motion. +3. Any person who violates the provisions of subsection (A) of this + section shall, upon conviction, be punished by a fine of not more + than \$100.00 or the maximum designated by state law. +4. The provisions of subsection (B) of this section shall not apply if + the person is using a cellular or electronic device for the sole + purpose of communicating with any of the following regarding an + imminent emergency situation: + 1. An emergency responder; + 2. A hospital, physician\'s office or health clinic; + 3. A provider of ambulance services; + 4. A provider of firefighting services; or + 5. A law enforcement agency. +5. The following words, terms and phrases, when used in this section, + shall have the meanings ascribed to them in this subsection, except + where the context clearly indicates a different meaning:\ + \ + *Cellular telephone* means an analog or digital wireless telephone + authorized by the Federal Communications Commission to operate in + the frequency bandwidth reserved for cellular telephones.\ + \ + *Compose, send* or *read*, with respect to a text message, means the + manual entry, sending or retrieval of a text message to communicate + with any person or device.\ + *\ + Electronic communication device* means an electronic device that + permits the user to manually transmit a communication of written + text by means other than through an oral transfer or wire + communication. The term \"electronic communication device\" does not + include a device that is physically or electronically integrated + into a motor vehicle or a voice-operated global positioning or + navigation system that is affixed to a motor vehicle, or a + hands-free device that allows the user to write, send or read a text + message without the use of either hand except to activate, + deactivate or initiate a feature or function.\ + \ + *Text message* includes a text-based message, instant message, + electronic message, photo, video, or electronic mail. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-901d. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[808(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327005_Ordinance%20No.%20808%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/19/2015\ +Amended by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-517 Driving Over Fire +Hose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-517_Driving_Over_Fire_Hose){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No vehicle shall be driven over any unprotected hose of a fire +department when laid down on any street or private driveway, to be used +at any fire or alarm of fire, without the consent of the fire department +official in command. + +**State Law reference**--- Driving over fire hose, 47 O.S. § 11-1109. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-518 Following Fire Or Emergency +Apparatus](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-518_Following_Fire_Or_Emergency_Apparatus){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The driver of any vehicle other than one on official business shall + not follow any fire apparatus traveling in response to a fire alarm + closer than 500 feet or drive into or park such vehicle within the + block where fire apparatus has stopped in answer to a fire alarm. +2. The driver of any vehicle other than one on official business shall + not follow any emergency vehicle or shall not purposely drive to any + location on a highway where an emergency exists which would + interfere with the free movement of authorized emergency vehicles or + any other traffic using the highway at that location. For the + purpose of this subsection the definition of emergency shall include + traffic accidents, airplane accidents, disasters, explosions, civil + disturbances and (without limitation by the foregoing) any other + related circumstances which tend to cause traffic congestion. The + purpose of this subsection is to eliminate sightseers and other + persons who do not have official business at the scene of an + emergency, and whose presence would tend to cause traffic + congestion. + +(Ord. No. 506, 2-5-1990) + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1108. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-519 Procedure On Approach Of Emergency +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-519_Procedure_On_Approach_Of_Emergency_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Upon the immediate approach of an authorized emergency vehicle + making use of audible and visual signals meeting the requirements of + the laws of the state, or of a police vehicle properly and lawfully + making use of an audible signal only, the driver of every other + vehicle shall yield the right-of-way and shall immediately drive to + a position parallel to, and as close as possible to, the right-hand + edge or curb of the roadway clear of any intersection, and shall + stop and remain in such position until the authorized emergency + vehicle has passed, except when otherwise directed by a police + officer. +2. This section shall not operate to relieve the driver of an + authorized emergency vehicle from the duty to drive with due regard + for the safety of all persons using the highway. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-405. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-520 Driving Under The Influence While Under +Age](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-520_Driving_Under_The_Influence_While_Under_Age){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful, and punishable as provided in subsection (C) of this + section, for any person under 21 years of age to drive, operate, or + be in actual physical control of a motor vehicle within the state + who: + 1. Has any measurable quantity of alcohol in the person\'s blood or + breath at the time of a test administered within two hours after + an arrest of the person; + 2. Exhibits evidence of being under the influence of any other + intoxicating substance as shown by analysis of a specimen of the + person\'s blood, breath, saliva, or urine in accordance with the + provisions of 47 O.S. §§ 752 and 759; or + 3. Exhibits evidence of the combined influence of alcohol and any + other intoxicating substance. +2. As used in this section, the term \"other intoxicating substance\" + means any controlled dangerous substance as defined in 63 O.S. § + 2-101 et seq., or any other substance, other than alcohol, which is + capable of being ingested, inhaled, injected, or absorbed into the + human body and is capable of adversely affecting the central nervous + system, vision, hearing, or other sensory or motor function. +3. Any person under 21 years of age who violates any provisions of + subsection (A) of this section shall, upon conviction, be guilty of + driving under the influence while under age. A violator shall be + punished for a first offense by a fine of not less than \$100.00 nor + more than \$200.00 or by completion of 20 hours of community + service, or by requiring the person to attend and complete a + treatment program, or by any combination of fine, community service, + or treatment. + 1. The court may assess additional community service hours in lieu + of any fine specified in this section. + 2. In addition to any penalty imposed pursuant to the provisions of + this section, the person may be subject to: + 1. The cancellation or denial of driving privileges as ordered + by the court pursuant to 47 O.S. § 6-107.1; + 2. The seizure of the driver\'s license at the time of arrest + or detention, and the administrative revocation of driving + privileges by the department of public safety pursuant to 47 + O.S. § 754; and + 3. The mandatory revocation of driving privileges pursuant to + 47 O.S. § 6-205.1, which revocation period may be modified + as provided by law. +4. Nothing in this section shall be construed to prohibit the filing of + charges pursuant to 47 O.S. § 761 or 47 O.S. § 11-902 when the facts + warrant. +5. When the municipal court has determined that a person under the age + of 18 years has committed any offense described in subsection (A) of + this section, or that a person 18, 19, or 20 years of age has + committed an offense described in this section, the court shall + notify the department of public safety on a form prescribed by the + department as provided in 47 O.S. § 6-107.2. +6. The notice shall include the name, date of birth, physical + description and, if known, the driver\'s license number of the + person. The notice shall contain a recommendation to the department + to cancel or deny driving privileges for a specified period of time, + in the discretion of the court, except as otherwise provided by law, + as follows: + 1. For a period not to exceed six months; + 2. For a period not to exceed one year; + 3. For a period not to exceed two years; or + 4. Until the person attains 21 years of age.\ + The court shall send a copy of the notice to the person first + class, postage prepaid. +7. In addition to the administrative revocation of driving privileges + pursuant to 47 O.S. § 754 and the mandatory revocation of driving + privileges pursuant to 47 O.S. § 6-205.1, this section applies to + any crime, violation, infraction, traffic offense or other offense + involving or relating to the possession, use, sale, purchase, + transportation, distribution, manufacture, or consumption of beer, + alcohol, or any beverage containing alcohol and to any crime, + violation, interaction, traffic offense or other offense involving + or relating to the possession, use, sale, purchase, transportation, + consumption, ingestion, inhalation, injection, or absorption of any + controlled dangerous substance as defined by 63 O.S. § 2-101(8) or + any substance which is capable of being ingested, inhaled, injected, + or absorbed into the human body and is capable of adversely + affecting the central nervous system, vision, hearing, or other + sensory or motor functions. +8. Any person whose driving privileges are canceled or denied pursuant + to this section may file a petition for relief based upon error or + hardship pursuant to 47 O.S. § 6-107.2. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-906.4. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-521 Driver\'s License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-521_Driver's_License_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall drive or operate any motor vehicle on any public roadway +within the city unless such person has a current, not suspended or +revoked, valid driver\'s or chauffeur\'s license as required by state +law. + +**State Law reference**--- Similar provisions, 47 O.S. § 6-303. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-522 Driving While License Suspended, Use Of False +License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-522_Driving_While_License_Suspended,_Use_Of_False_License){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall: + 1. Display or cause or permit to be displayed or have in his + possession any cancelled, revoked, suspended, fictitious, photo + static or fraudulently altered operator\'s or chauffeur\'s + license; + 2. Lend his operator\'s or chauffeur\'s license to any other person + or knowingly permit the use thereof by another; + 3. Display or represent as his own any operator\'s or chauffeur\'s + license not issued to him; or + 4. Permit any unlawful use of an operator\'s or chauffeur\'s + license issued to him. +2. No person shall drive a motor vehicle on any public street within + the city at a time when his privilege to do so is cancelled, + suspended or revoked. This includes persons who operate a motor + vehicle with a suspended set-up number that has been issued by the + department of public safety. + +**State Law reference**--- Similar provisions, 47 O.S. §§ 6-303, 6-305. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-523 Permitting Unlicensed Person To +Drive](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-523_Permitting_Unlicensed_Person_To_Drive){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall authorize or knowingly permit a motor vehicle owned by +him or under his control to be driven upon any street in the city by any +person who is not authorized or licensed to drive a motor vehicle under +the laws of the state or under the laws of the state of the driver\'s +residence of record. + +**State Law reference**--- Similar provisions, 47 O.S. § 6-305. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-524 Driving Through Funeral +Processions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-524_Driving_Through_Funeral_Processions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No driver of a vehicle shall drive between the vehicles comprising a + funeral or other authorized procession while they are in motion and + when such vehicles are conspicuously designated as required in this + chapter. +2. This section shall not apply at intersections where traffic is + controlled by police officers. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-525 Driving In Funeral +Procession](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-525_Driving_In_Funeral_Procession){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Each driver in a funeral or other procession shall drive as near to the +right-hand edge of the roadway as practicable except when otherwise +directed or escorted by a police officer. Each driver shall follow the +vehicle ahead as closely as is practicable and safe and at a speed as +designated by the escort for the procession. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-315. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-526 Identification Of Funeral +Processions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-526_Identification_Of_Funeral_Processions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A funeral composed of a procession of vehicles shall be identified by +headlights turned on or by the display upon the outside of each vehicle +an identifying insignia or by such other method as may be determined and +designated by the police department. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-527 Use Of Roller Skates, Coasters, Skateboards On +Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-527_Use_Of_Roller_Skates,_Coasters,_Skateboards_On_Roadway){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall operate, ride upon, or propel any roller skates, + coasters, skateboards, toy vehicles or similar devices on or over + any of the following places: + 1. On any roadway within the city except while crossing a street in + a crosswalk; + 2. On any sidewalk or street abutting a business within the city, + including, but not limited to, parking areas and sidewalks used + for ingress and egress to any place of business; + 3. On any public property where signs are posted prohibiting such + use, such as parking lots, bicycle or jogging paths; + 4. In any concrete or asphalt drainage ways, storm sewers or + culverts (whether posted or not); or + 5. On private property where a sign prohibiting such items or + activity has been posted by the owner, lessee, or person in + charge of the property. +2. Operators of roller skates, coasters, skateboards, toy vehicles or + similar devices shall yield the right-of-way to other pedestrians + using public walkways and shall not otherwise endanger or interfere + with pedestrian traffic on those walkways. +3. The provisions of subsection (A) of this section shall not apply to + any public street, sidewalk, alley, plaza or parking, which has been + closed or set aside for the purpose of a community event, + celebration or festival for which a revocable permit has been + approved and the use of such items or activity has been approved. +4. The enforcement officer may issue a warning on a first offense when + in the judgment of the enforcement officer a warning will be + sufficient to alleviate the problem. If an offender is under the age + of 18 years, a parent or guardian of the offender shall be notified + and shall be mailed or handed a copy of the written warning or + citation. +5. Any person found guilty of this section shall be punished as + provided in section 1-108. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-528 Play Streets +Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-528_Play_Streets_Authorized){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager, subject to direction by the council, if any, shall +have authority to declare any street or part thereof a play street and +have placed appropriate signs or devices in the roadway indicating and +helping to protect the same. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-529 Use Of Play Streets By Motor +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-529_Use_Of_Play_Streets_By_Motor_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whenever authorized signs are erected indicating any street or part +thereof as a play street, no person shall drive a vehicle upon any such +street or portion thereof except drivers of vehicles having business or +whose residences are within such closed area, and then such drivers +shall exercise the greatest care in driving upon any such street or +portion thereof. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-530 Obstructing Intersection Or +Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-530_Obstructing_Intersection_Or_Crosswalk){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No driver shall enter an intersection or a marked crosswalk unless there +is sufficient space on the other side of the intersection or crosswalk +to accommodate the vehicle he is operating without obstructing the +passage of other vehicles or pedestrians, notwithstanding any +traffic-control signal indication to proceed. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-531 Driving On Sidewalk +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-531_Driving_On_Sidewalk_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Except as provided in 47 O.S. § 11-805.3, the driver of a vehicle shall +not drive upon a sidewalk or within any sidewalk area except at a +permanent or temporary driveway. + +**State Law reference**--- Power of city to prohibit driving on +sidewalks, 11 O.S. § 22-117. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-532 Driving In Public Parks And Other Properties +Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-532_Driving_In_Public_Parks_And_Other_Properties_Restricted){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall drive, operate or propel a motor vehicle or + motor-driven cycle, including a motor scooter or motor-driven + bicycle, in any park, public property or right-of-way or easement, + within or owned by the city, except upon established roadways or + roadways designed for vehicular traffic. A vehicle may be driven a + reasonable distance from the roadway for the purpose of going to and + from a parking place. +2. No person shall drive, operate or propel a motor vehicle or + motor-driven cycle past any barrier, sign or other device indicating + that vehicular traffic is prohibited in, upon or through any area + upon which vehicular traffic is prohibited. +3. Emergency vehicles are exempt from the provisions of this section. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-533 Driving On Property Without +Permission](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-533_Driving_On_Property_Without_Permission){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful for any person to operate any motor vehicle of any + size driven by a motor of any size on or within any private property + except where the operator of the motor vehicle has first obtained + the consent of the owner of the property in writing. +2. Motor driven vehicles may be driven a reasonable distance from the + street only when the operator is going to or from a parking stall or + space. Emergency vehicles such as police, fire, civil defense or + other emergency motor driven vehicles are exempt from the provisions + of this section. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-534 Starting Stopped Or Parked +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-534_Starting_Stopped_Or_Parked_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall start a vehicle which is stopped, standing or parked +unless and until such movement can be made with reasonable safety. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-603. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-535 Backing Of +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-535_Backing_Of_Vehicle){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The driver of a vehicle shall not back the same unless such movement can +be made without interfering with other traffic. No vehicle shall be +backed upon any street except for such distance as may be necessary to +permit the vehicle to enter the proper driving lane from a parked +position. Such backing shall be done only after the driver of the +vehicle has ascertained that such movement can be made without +endangering other traffic. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1102. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-536 Opening And Closing Vehicle +Door](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-536_Opening_And_Closing_Vehicle_Door){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall open the door of a motor vehicle on the side available +to moving traffic unless and until it is reasonably safe to do so. No +person shall leave a door open on the side of a motor vehicle available +to moving traffic to load or unload passengers. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1105. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-537 Obstructions To Driver\'s View, Number In Front Seat; +Overloading School +Bus](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-537_Obstructions_To_Driver's_View,_Number_In_Front_Seat;_Overloading_School_Bus){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall drive a vehicle when it is so loaded or when there + are in the front seat such a number of persons, exceeding three, as + to obstruct the view of the driver to the front or sides of the + vehicle or as to interfere with the driver\'s control over the + driving mechanism of the vehicle. +2. No passenger in a vehicle shall ride in such position as to + interfere with the driver\'s view ahead or to the sides or to + interfere with his control over the driving mechanism of the + vehicle. +3. No school bus shall be operated on the streets or highways in the + state when loaded with passengers in excess of the number for which + such bus is designed to carry. The number of passengers determined + by the local school board which the bus is designed to carry shall + be posted in a conspicuous place on the bus. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-538 Clinging To +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-538_Clinging_To_Vehicle){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person riding upon any bicycle, motorized scooter, coaster, roller +skates, sled or toy vehicle shall attach the same or himself to any +vehicle upon a roadway. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1204. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-539 Boarding Or Alighting From Moving +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-539_Boarding_Or_Alighting_From_Moving_Vehicle){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall board or alight from any vehicle while such vehicle is +in motion. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-540 Riding Outside Vehicle +Compartment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-540_Riding_Outside_Vehicle_Compartment){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No operator of a motor vehicle shall allow a passenger to ride + outside the passenger compartment of the vehicle on the streets of + the city, provided this subsection shall not apply to persons so + riding on private property or for parades or special events, while + in the parade procession, nor shall this section apply to passengers + riding while sitting or kneeling on the floor of the bed of a pickup + truck. Any person convicted of violating the provisions of this + subsection shall be punished by a fine of \$10.00 and shall pay + court costs of \$15.00, provided the department of public safety + shall not assess points to the driving record of any licensed or + unlicensed person convicted of a violation of this section. +2. No person shall ride, hang, or stand outside the passenger + compartment of any vehicle while on the streets of the city, except + this section shall not apply to persons so riding on private + property or for parades or special events, while in the parade + procession, nor shall this section apply to persons riding as a + passenger in the bed of a pickup truck so long as the person is + kneeling or sitting on the floor of the bed of the pickup truck. +3. This section shall not apply to employees engaged in the necessary + discharge of duties while riding in the space of a truck intended + for merchandise. + +(Ord. No. 30(92), 7-20-1992) + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1114. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-541 Driving Through Safety +Zone](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-541_Driving_Through_Safety_Zone){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No vehicle shall at any time be driven through or within a safety zone +or island. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1301. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-542 Child Passenger Restraint System Or Seat Belt Required; +Exceptions; +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-542_Child_Passenger_Restraint_System_Or_Seat_Belt_Required;_Exceptions;_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The following words, terms and phrases, when used in this section, + shall have the meanings ascribed to them in this subsection, except + where the context clearly indicates a different meaning:\ + *Child passenger restraint system* means an infant or child + passenger restraint system that meets the federal standards as set + by 49 CFR 571.213. +2. Every driver when transporting a child under eight years of age in a + motor vehicle operated on the roadways, streets, or highways of the + state, shall provide for the protection of said child by properly + using a child passenger restraint system as follows: + 1. A child under four years of age shall be properly secured in a + child passenger restraint system. The child passenger restraint + system shall be rear-facing until the child reaches two years of + age or until the child reaches the weight or height limit of the + rear-facing child passenger restraint system, whichever occurs + first. + 2. A child at least four years of age but younger than eight years + of age, if not taller than four feet nine inches in height, + shall be properly secured in either a child passenger restraint + system or child booster seat. + 3. If a child is eight years of age or is taller than four feet + nine inches in height, a seat belt properly secured to the + vehicle shall be sufficient to meet the requirement of this + section. +3. This section shall not apply to: + 1. The driver of a school bus, taxicab, moped, motorcycle, or other + motor vehicle not required to be equipped with safety belts + pursuant to city ordinance, state statute, or federal law; + 2. The driver of an ambulance or emergency vehicle; + 3. A driver of a vehicle if all of the seat belts in the vehicle + are in use; + 4. The transportation of children who for medical reasons are + unable to be placed in such devices, provided there is written + documentation from a physician of such medical reason; + 5. The transportation of a child who weighs more than 40 pounds and + who is being transported in the back seat of a vehicle while + wearing only a lap safety belt when the back seat is not + properly equipped with combination lap and shoulder safety + belts, or when the combination lap and shoulder safety belts in + the back seat are being used by other children who weigh more + than 40 pounds; provided, however, for purposes of this + subsection, the term \"back seat\" shall include all seats + located behind the front seat of a vehicle operated by a + licensed child care facility or church; Provided further, there + shall be a rebuttable presumption that a child has met the + weight requirements of this subsection if, at the request of any + law enforcement officer, the licensed child care facility or + church provides the officer with a written statement verified by + the parent or legal guardian that the child weighs more than 40 + pounds. +4. A law enforcement officer is hereby authorized to stop a vehicle if + it appears that the driver of the vehicle has violated the provision + of this section and to give an oral warning to the driver. The + warning shall advise the driver of the possible danger to children + resulting from the failure to install or use a child passenger + restraint system or seat belts in the motor vehicle. +5. A violation of the provisions of this section shall not be + admissible as evidence in any civil action or proceeding for + damages. In any action brought by or on behalf of an infant for + personal injuries or wrongful death sustained by motor vehicle + collision, the failure of any person to have the infant properly + restrained in accordance with the provisions of this section shall + not be used in aggravation or mitigation of damages. +6. Any person convicted of violating this section shall be punished by + a fine of \$50.00, or the maximum amount allowed by state law, + whichever is greater, and shall pay court costs. This fine shall be + suspended in the case of the first offense upon proof of purchase or + acquisition by loan of a child passenger restraint system. The fine + need not be suspended if the child was being transported in a motor + vehicle already equipped with a child passenger restraint system. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1112. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[809(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327074_Ordinance%20No.%20809%20(15).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/19/2015\ +Amended by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-543 Seat Belts Required For Front Seat Passengers; +Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-543_Seat_Belts_Required_For_Front_Seat_Passengers;_Exceptions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every operator and front seat passenger of a Class A commercial + motor vehicle, Class B commercial motor vehicle, Class C commercial + motor vehicle or a passenger car operated in the city shall wear a + properly adjusted and fastened safety seat belt system, required to + be installed in the motor vehicle when manufactured pursuant to + Federal Motor Vehicle Safety Standard 208. For the purposes of this + section, the term \"passenger car\" shall mean a Class D motor + vehicle, but shall not include trucks, truck-tractors, recreational + vehicles, motorcycles, motorized bicycles or vehicles used primarily + for farm use and licensed pursuant to 47 O.S. § 1134. +2. This section shall not apply to an operator or passenger of a + passenger car in which the operator or passenger possesses a written + verification from a physician licensed in the state that he is + unable to wear a safety seat belt system for medical reasons. The + issuance of such verification by a physician, in good faith, shall + not give rise to, nor shall such physician thereby incur, any + liability whatsoever, in damages or otherwise, to any person injured + by reason of such failure to wear a safety seat belt system. +3. This section shall not apply to an operator of a motor vehicle who + is a route carrier of the U.S. Postal Service. +4. Any person convicted of violating this section shall be punished by + a fine of \$20.00, or the maximum amount allowed by state law, + whichever is greater. + +(Ord. No. 423, 2-2-1987) + +**State Law reference**--- Similar provisions, 47 O.S. § 12-417. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-544 Certain Vehicles To Stop At All Railroad +Crossings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-544_Certain_Vehicles_To_Stop_At_All_Railroad_Crossings){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The driver of any motor vehicle carrying passengers for hire, or of + any school bus carrying any school child, or of any vehicle carrying + explosive substances or flammable liquids as a cargo or part of a + cargo, before crossing at grade any track or tracks of a railroad, + shall stop such vehicles within 50 feet but not less than 15 feet + from the nearest rail of such railroad, and while so stopped, shall + listen and look in both directions along such track for any + approaching train and for signals indicating the approach of a + train, except as hereinafter provided, and shall not proceed until + he can do so safely. After stopping as required herein and upon + proceeding when it is safe to do so, the driver of any such vehicle + shall cross only in such gear of the vehicle that there will be no + necessity for changing gears while traversing such crossing, and the + driver shall not shift gears while crossing the track or tracks. +2. No stop need be made at any such crossing where a police officer or + traffic-control signals direct traffic to proceed. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-702. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-545 Approaching Stationary Emergency Vehicle Displaying Flashing +Lights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-545_Approaching_Stationary_Emergency_Vehicle_Displaying_Flashing_Lights){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The driver of a motor vehicle, upon approaching a stationary authorized +emergency vehicle that is displaying a flashing combination red or blue +light or any combination of red or blue lights, shall: + +1. If traveling on a highway that consists of two or more lanes that + carry traffic in the same direction of travel as that of the driver, + the driver shall proceed with due caution and shall, if possible and + with due regard to the road, weather, and traffic conditions, change + lanes into a lane that is not adjacent to the stationary authorized + emergency vehicle; or if the driver is not able to change lanes or + if to do so would be unsafe, the driver shall proceed with due + caution and reduce the speed of the motor vehicle to a safe speed + for the existing road, weather, and traffic conditions; and +2. If traveling on a highway other than a highway described in + subsection (A) of this section, the driver shall proceed with due + caution and reduce the speed of the motor vehicle to a safe speed + for the existing road, weather, and traffic conditions. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-314. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-546 Procedures For Motor Vehicles Required To Merge In +Maintenance And Construction +Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-546_Procedures_For_Motor_Vehicles_Required_To_Merge_In_Maintenance_And_Construction_Zones){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. When any highway has been closed to traffic while the highway is + flooded or under repair, maintenance or construction and + traffic-control devices or barricades have been erected, it shall be + unlawful for any person to drive any vehicle through, under, over, + or around the traffic-control devices or barricades, or otherwise to + enter the closed area. The provisions of this subsection shall not + apply to persons while engaged in the construction, maintenance and + repair of the highway or to persons entering therein for the + protection of lives or property, provided that persons having their + places of residence or places of business within the closed area may + travel, when possible to do so, through the area at their own risk. +2. Whenever construction, repair and maintenance of any highway is + being performed under traffic, the city or other authority shall + erect, or cause to be erected, traffic-control devices to warn and + guide the public. Each person using the highway shall obey all + signs, signals, markings, flagmen or other traffic-control devices + which are placed to regulate, control, and guide traffic through the + construction or maintenance area. As used in this subsection, the + term \"construction or maintenance area\" means any area upon or + around any highway that is visibly marked as an area where + construction, repair, and maintenance is temporarily occurring. The + construction or maintenance area also includes the lanes of highway + leading up to the area upon which an activity described in this + section is being performed, beginning at the point where properly + posted traffic-control devices start to warn and guide the public + into and through the construction or maintenance, including, but not + limited to, instructions to merge from one lane into another lane, + to reduce speed, or to follow directions of flagmen. +3. The \"Merge Now\" traffic-control device that is used to warn and + guide the public using the highway to merge, shall be located no + greater than one mile nor less than 1,500 feet in advance of the + highway construction or maintenance area. Whenever any + traffic-control device requires traffic to merge due to the closure + of a section or lane of highway, the merge shall be completed: + 1. As soon as practicable after passing the traffic-control device; + and + 2. Without passing any other traffic proceeding in the same + direction. +4. No person shall remove, change, modify, deface or alter any + traffic-control device or barricade which has been erected on any + highway under the provisions of this section. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1302. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-6 STOPPING, STANDING AND +PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-6_STOPPING,_STANDING_AND_PARKING){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[ARTICLE 15-6A PARKING +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6A_PARKING_REGULATIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[ARTICLE 15-6B MANNER OF +PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6B_MANNER_OF_PARKING){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[ARTICLE 15-6A PARKING +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6A_PARKING_REGULATIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-601 Stopping, Standing Or Parking Prohibited In Certain +Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-601_Stopping,_Standing_Or_Parking_Prohibited_In_Certain_Places){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-602 Handicapped Parking +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-602_Handicapped_Parking_Restrictions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-603 Parking Not To Obstruct Traffic Or +Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-603_Parking_Not_To_Obstruct_Traffic_Or_Signs){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-604 Parking For Certain Purposes +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-604_Parking_For_Certain_Purposes_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-605 Double +Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-605_Double_Parking){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-606 Removing Enforcement +Marking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-606_Removing_Enforcement_Marking){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-607 Standing Or Parking On Left Side Of +Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-607_Standing_Or_Parking_On_Left_Side_Of_Roadway){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-608 Parking On Private Property; Impounding Of +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-608_Parking_On_Private_Property;_Impounding_Of_Vehicle){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-609 Driving Or Parking On Commercial Business Property +Restricted; +Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-609_Driving_Or_Parking_On_Commercial_Business_Property_Restricted;_Signs){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-610 Parking More Than 24 +Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-610_Parking_More_Than_24_Hours){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-611 Unattended +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-611_Unattended_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-612 Authority To Restrict Parking +Time](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-612_Authority_To_Restrict_Parking_Time){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-613 Parking In Private Parking Spaces Without Permission Of +Owner](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-613_Parking_In_Private_Parking_Spaces_Without_Permission_Of_Owner){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-614 Prohibiting Parking Within Fire Lanes On Certain Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-614_Prohibiting_Parking_Within_Fire_Lanes_On_Certain_Private_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-615 Limiting Parking To Authorized Emergency +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-615_Limiting_Parking_To_Authorized_Emergency_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-601 Stopping, Standing Or Parking Prohibited In Certain +Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-601_Stopping,_Standing_Or_Parking_Prohibited_In_Certain_Places){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Except as otherwise provided in subsection (B) of this section, no + person shall stop, stand or park a vehicle, except when necessary to + avoid conflict with other traffic or in compliance with law or the + directions of a police officer or traffic-control device, in any of + the following places: + 1. On a sidewalk; + 2. In front of a public or private driveway; + 3. Within 15 feet of a fire hydrant; + 4. Within an intersection; + 5. On a crosswalk; + 6. Within 20 feet of a crosswalk at an intersection; + 7. Within 30 feet upon the approach to any flashing beacon, stop + sign or traffic-control signal located at the side of a roadway; + 8. Between a safety zone and the adjacent curb or within 30 feet of + points on the curb immediately opposite the ends of a safety + zone, unless the authority having jurisdiction indicates a + different length by signs or marking; + 9. Within 50 feet of the nearest rail of a railroad crossing; + 10. Within 20 feet of the driveway entrance to any fire station and + on the side of a street opposite the entrance to any fire + station within 75 feet of said entrance (when properly + signposted); + 11. Alongside or opposite any street excavation or obstruction when + stopping, standing or parking would obstruct traffic; + 12. On the roadway side of any vehicle stopped or parked at the edge + or curb of a street; + 13. Upon any bridge or other elevated structure upon a highway or + within a highway underpass; + 14. At any place where official signs prohibit stopping. +2. No person engaging in the collection and disposal of solid waste or + recycling material, or both, as a business, pursuant to the + provisions of the Oklahoma Solid Waste Management Act (27A O.S. § + 2-10-101 et seq.), shall stop, stand or park a vehicle, except when + necessary to avoid conflict with other traffic or in compliance with + law or the directions of a police officer or traffic-control device, + in any of the following places: + 1. On a sidewalk; + 2. Within an intersection; + 3. Alongside or opposite any street excavation or obstruction when + stopping, standing or parking would obstruct traffic; + 4. Upon any bridge or other elevated structure upon a highway or + within a highway underpass; or + 5. At any place where official signs prohibit stopping. +3. No person shall move a vehicle not lawfully under the control of the + person into any prohibited area or away from a curb such distance as + is unlawful. +4. No person shall park any vehicle in front of any show, theater, or + place of amusement during any performance or entertainment therein, + or while patrons are in such place either before the commencement or + after the close of any performance. The police or fire chief shall + plainly indicate such non-parking spaces by appropriate signs or + markings. +5. No person shall park, stand, stop or store a motor vehicle on the + following streets or during the time limits indicated after signs + are posted accordingly: + 1. West Main Street, commencing at the intersection of West Main + and Telephone Road to the intersection of West Main Street and + Irving Drive; + 2. Broadway Avenue, from the intersection of Broadway Avenue and + the north city limit to the intersection of Broadway Avenue and + the south city limit within the city; + 3. Janeway Avenue, from the intersection of Janeway Avenue and + Northwest Twenty-Seventh Street to the intersection of Janeway + Avenue and Southwest Fourth Street within the city, excepting + the east side of the maintained portion of Janeway Avenue from + the intersection of Janeway Avenue and Northwest Fifth Street to + the intersection of Janeway Avenue and Southwest Fourth Street + within the corporate limits; + 4. Julie Street; + 5. Northeast Twelfth Street, on either side where such street abuts + the Moore Community Park, between the hours of 12:01 a.m. and + 6:00 a.m. on each day; + 6. Northeast Twenty-first Street, commencing at the place where + such street connects with North Broadway Street, thence eastward + to and across the drainage ditch or canal passing under the + street, thence eastward to and through the curve to the left to + the place and point where such curve is completed and such + street commences its direction to the north; + 7. Southwest First Street, south side from the intersection of + Southwest First Street and Telephone Road to the intersection of + Southwest First Street and Janeway Avenue in the city; + 8. E. Main Street from and including the intersection of E. Main + Street and Telephone Road to and including the intersection + of E. Main Street and S. Ramblin Oaks Drive within the city; and + 9. Messenger Lane, on either side of Messenger Lane beginning at NE + 12th Street and extending south a distance of 960 feet. + 10. The south half of Southwest 10th street beginning at the edge of + the driveway to 804 SW 10th Street and extending to the north + edge of the driveway to 1205 South Janeway Avenue.\ + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1003. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +Amended by Ord. +[983(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1626796832_ordinance%20983.21.pdf){.k-link +target="_blank" style="color:#0000EE"} on 7/19/2021\ +* +::: + +
+ +::: phx-name +[Sec 15-602 Handicapped Parking +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-602_Handicapped_Parking_Restrictions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. 1. It shall be unlawful for any person to place or park a motor + vehicle in any parking space that is designated and posted as a + reserved area for the parking of a motor vehicle operated by or + transporting a physically disabled person unless such person has + applied for and been issued a detachable placard indicating + physical disability under the provisions of 47 O.S. § 15-112, + and such placard is displayed as provided in 47 O.S. § 15-112 or + in rules adopted pursuant thereto, or has applied for and been + issued a physically disabled license plate, a disabled veterans + license plate or a Purple Heart recipient license plate pursuant + to the provisions of 47 O.S. § 1135.1 or 1135.2, and such + license plate is displayed pursuant to the provisions of the + Oklahoma Vehicle License and Registration Act (47 O.S. § 1101 et + seq.), or has been issued a disability sticker issued by the + Department of Veterans Affairs and/or federal military bases, or + a physically disabled placard or license plate issued by another + state. + 2. It shall also be unlawful for any person to place or park a + motor vehicle, whether with or without a physically disabled + placard or plate, in any disabled parking space access aisle, + wheelchair ramp, wheelchair loading/unloading area or any + portion thereof. + +2. 1. Violation of these provisions shall be a misdemeanor and, upon + conviction, the person shall be fined up to \$200.00, provided + any person cited for a first offense of a violation of this + section who has displayed a placard which has expired pursuant + to 47 O.S. § 15-112(D)(4) or (D)(5) shall be entitled to + dismissal of such charge and shall not be required to pay the + fine or court costs if the person presents to the court within + 30 days of the issuance of the citation a notice from the + department of public safety that the person has obtained a valid + placard pursuant to the provisions of 47 O.S. § 15-112(D). + 2. In addition, vehicles unlawfully parked in violation of these + provisions shall be subject to immediate tow by a licensed tow + truck operator at the request of the landowner or a duly + appointed agent of the landowner, at the request of any person + unable to lawfully gain access to or move their vehicle, at the + request of any person unable to lawfully gain access to the area + blocked by the unlawfully parked vehicle, or at the request of + appropriate law enforcement personnel. The owner of any vehicle + unlawfully parked in violation of these provisions shall pay any + and all reasonable and necessary costs associated with towing + and storage of the vehicle. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1007. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +Amended by Ord. +[1011.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1011.22.pdf){.k-link +target="_blank" style="color:#0000EE"} on 7/18/2022\ +Amended by Ord. +[1034.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1034.23.pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/2/2023\ +* +::: + +
+ +::: phx-name +[Sec 15-603 Parking Not To Obstruct Traffic Or +Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-603_Parking_Not_To_Obstruct_Traffic_Or_Signs){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall park a vehicle within a street or alley in such a + manner or under such conditions as to prohibit the free movement of + authorized emergency vehicles or vehicular traffic. +2. No person shall stop, stand or park a vehicle within a street or + alley in such a position as to block the driveway entrance to any + abutting property. +3. No person shall at any time stop, stand or park a vehicle except + when necessary to avoid conflict with other traffic, in compliance + with the directions of a police officer or traffic-control device or + in case of emergency within any alley except for the purpose of and + while actually engaged in loading or unloading merchandise, with the + maximum time permitted for loading or unloading being as provided in + this Code or as posted; however, such vehicle must be headed in the + proper direction in the alley and it must be parked on the right + half of one-way alleys. +4. Any vehicle parked upon the public streets or right-of-way shall be + parked so as not to obstruct the view of any flashing beacon, stop + sign or traffic-control signal by oncoming traffic. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-604 Parking For Certain Purposes +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-604_Parking_For_Certain_Purposes_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall park his vehicle upon any street or highway, as defined +in section 15-101, any dedicated right-of-way, or any easement shown on +any plat maps of the city, for the principle purpose of: + +1. Displaying the vehicle for sale; +2. Displaying advertising or displaying merchandise; +3. Washing, greasing or repairing the vehicle, except repairs + necessitated by an emergency; and +4. Selling merchandise or any other thing from vehicles without + appropriate permit or license from the city. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-605 Double +Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-605_Double_Parking){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Double parking is permitted for a period of not to exceed ten minutes +and only if a competent driver licensed under state law remains in +complete control of the vehicle. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-606 Removing Enforcement +Marking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-606_Removing_Enforcement_Marking){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person, with intent to extend the time during which a motor vehicle +can be parked at a time-restricted parking space, shall remove, erase, +obliterate, smudge or otherwise delete or disfigure any chalk or any +other mark or symbol used by authorized employees of the city in +connection with the enforcement of motor vehicle parking restrictions. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-607 Standing Or Parking On Left Side Of +Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-607_Standing_Or_Parking_On_Left_Side_Of_Roadway){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city manager, subject to direction of the council, may determine + when standing or parking may be permitted upon the left-hand side of + any one-way roadway and to have signs or marks placed giving notice + thereof. +2. In the event a highway includes two or more separate roadways and + traffic is restricted to one direction upon any such roadway, no + person shall stand or park a vehicle upon the left-hand side of such + one-way roadway unless signs or marks are placed to permit such + standing or parking. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-608 Parking On Private Property; Impounding Of +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-608_Parking_On_Private_Property;_Impounding_Of_Vehicle){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall park a vehicle on the private property of another + without the consent of the owner of the property, his agent or + tenant. +2. Any unoccupied vehicle parked in violation of this section may, upon + complaint of the property owner, his agent or tenant, be removed and + impounded by the property owner; and the vehicle owner must pay + removal, storage and impounding fees. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-609 Driving Or Parking On Commercial Business Property +Restricted; +Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-609_Driving_Or_Parking_On_Commercial_Business_Property_Restricted;_Signs){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful for any person to drive or park a motor vehicle onto + the driveway, parking area or any portion of the premises of any + business or commercial property if signs are posted. +2. This section shall be enforced as to all private property where a + sign shall have been posted in a clearly visible location stating + substantially as follows:\ + \ + \"PRIVATE PROPERTY. NO PARKING OR TRESPASSING.\" + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-610 Parking More Than 24 +Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-610_Parking_More_Than_24_Hours){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall park a vehicle on any street for a period of time longer +than 24 hours. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-611 Unattended +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-611_Unattended_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The person driving or in charge of a motor vehicle shall not permit it +to stand unattended without first stopping the engine and effectively +setting the brake thereon and, when standing upon any grade, turning the +front wheels to the curb or side of the street. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1101. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-612 Authority To Restrict Parking +Time](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-612_Authority_To_Restrict_Parking_Time){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city council, by resolution, may establish parking time limits, + or prohibit parking on designated streets by having appropriate + signs placed thereon. +2. When such signs are in place, no person shall park a vehicle in + violation thereof. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-613 Parking In Private Parking Spaces Without Permission Of +Owner](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-613_Parking_In_Private_Parking_Spaces_Without_Permission_Of_Owner){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The parking, leaving or keeping of vehicles, either with or without + occupants, upon real property owned or leased for use of hotels or + business establishments as private parking places, without + permission of the owner or lessee, as the case may be, is hereby + prohibited. +2. Any vehicle parked or left in violation of subsection (A) of this + section shall, upon the complaint of the owner or lessee of the + property, be removed from the premises by the property owner or his + designee, at the expense of the owner of the vehicle. Such removal + may be accomplished by the property owner or his designee directing + any person operating a towing service to pull the vehicle to his + garage or place of business, where it shall be held in the custody + of the towing company until the towing charges, if any, are paid. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-614 Prohibiting Parking Within Fire Lanes On Certain Private +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-614_Prohibiting_Parking_Within_Fire_Lanes_On_Certain_Private_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager, or his authorized representative, when the public +safety shall require, is authorized and directed to prohibit parking +upon private property used for shopping centers, schools, hospitals, +nursing homes, restaurants and places of public entertainment within +zones to be clearly designated and defined by appropriate sign, when the +same is necessary for the establishment of fire lanes to avoid +obstruction of free passage and access. No person shall stop, stand or +park a vehicle, except an authorized emergency vehicle, within such +prohibited fire lanes, except on direction and by authority of a police +officer. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-615 Limiting Parking To Authorized Emergency +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-615_Limiting_Parking_To_Authorized_Emergency_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager, subject to any directions which the city council may +give, is authorized to designate streets or portions thereof where +parking is limited to authorized emergency vehicles. When signs are in +place giving notice of such limitation, it shall be unlawful for any +person to park any vehicle, except an authorized emergency vehicle, upon +any such street or portion thereof. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[ARTICLE 15-6B MANNER OF +PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6B_MANNER_OF_PARKING){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-621 Distance From +Curb](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-621_Distance_From_Curb){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-622 Brakes To Be Set: Motor Not To Be Running: Securing +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-622_Brakes_To_Be_Set:_Motor_Not_To_Be_Running:_Securing_Animals){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-623 Angle +Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-623_Angle_Parking){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-624 Parking Within Marked +Spaces](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-624_Parking_Within_Marked_Spaces){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-625 Parking To Be Such As To Leave Ten Feet Of Roadway Available +For +Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-625_Parking_To_Be_Such_As_To_Leave_Ten_Feet_Of_Roadway_Available_For_Traffic){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-621 Distance From +Curb](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-621_Distance_From_Curb){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Except as otherwise provided in this section, every vehicle stopped or +parked upon roadway where there are adjacent curbs shall be so stopped +or parked with the right-hand wheels of such vehicle parallel to and +within 18 inches of the right-hand curb. Every vehicle stopped and +parked upon the left-hand side of a one-way street where there are +adjacent curbs shall be parked or stopped with the left-hand wheels +parallel to and within 18 inches of the left-hand curb. A person +engaging in the collection and disposal of solid waste or recycling +material, or both, as a business, pursuant to the provisions of the +Oklahoma Solid Waste Management Act (27A O.S. § 2-10-101 et seq.), shall +be exempt from the provisions of this section while in the performance +of such activities. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1004. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-622 Brakes To Be Set: Motor Not To Be Running: Securing +Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-622_Brakes_To_Be_Set:_Motor_Not_To_Be_Running:_Securing_Animals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Adequate brakes shall be set on all parked vehicles. No driver of a +motor vehicle shall leave the vehicle with the motor running while +parked. Animals left or parked on the streets shall be securely hitched. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-623 Angle +Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-623_Angle_Parking){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city manager, subject to direction of the council, may determine + upon what streets and parts of streets angle parking will be + permitted and authority shall continue until changed permitting + angle parking on any such street or part of street and until the + angle parking markings or signs are amended. +2. On those streets which have been so signed or marked for angle + parking, no person shall park or stand a vehicle other than at the + angle to the curb or edge of the roadway indicated by such signs or + markings. +3. Angle parking is not permitted on any state or federal-aid highway + unless the state department of transportation has determined that + the roadway is of sufficient width to permit angle parking without + interfering with the free movement of traffic. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-624 Parking Within Marked +Spaces](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-624_Parking_Within_Marked_Spaces){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In an area where parking spaces have been marked off on the surface of +the street, a driver parking a vehicle shall park it within a parking +space as thus marked off and not on or over a line delineating a space. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-625 Parking To Be Such As To Leave Ten Feet Of Roadway Available +For +Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-625_Parking_To_Be_Such_As_To_Leave_Ten_Feet_Of_Roadway_Available_For_Traffic){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall park a vehicle upon a street or alley in such a manner +or under such conditions as to leave available less than ten feet of the +width of roadway for the free movement of vehicular traffic. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-7 SPEED +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-7_SPEED_REGULATIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-701 Speed +Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-701_Speed_Limit){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-702 Special Speed +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-702_Special_Speed_Regulations){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-703 Minimum +Speed](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-703_Minimum_Speed){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-704 Speed Limits In Construction +Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-704_Speed_Limits_In_Construction_Zones){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-701 Speed +Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-701_Speed_Limit){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Notwithstanding a maximum speed limit enumerated in this Code, no + person shall drive a vehicle upon any alley, highway, roadway, + street or public parking area at a speed greater than or less than + is reasonable or prudent under the conditions then existing, + considering visibility, amount of traffic, condition of roadway + surface, presence of pedestrians, obstruction of view and other + similar facts. +2. No person shall drive any vehicle upon a street at a speed greater + than will permit him to bring it to a stop within the assured clear + distance ahead. +3. Except when a special hazard exists that requires lower speed for + compliance with subsection (A) of this section, the limits specified + in this chapter or established as authorized shall be maximum lawful + speeds. No person shall drive a vehicle on a highway at a speed in + excess of such maximum limits as follows: + 1. 25 miles per hour on any street, except as may be posted + otherwise; and + 2. 25 miles per hour in any designated school zone under the + following conditions, unless a different speed limit is + otherwise designated and posted: + 1. When signed with the legend \"When Flashing\" and flashing + lights are in operation; and + 2. When signed with the legend \"When Children Are Present.\" A + child shall be considered present when he is within 15 feet + of the curb or edge of the street within a school zone or + near enough so that a potential hazard exists with motorized + traffic. +4. The city manager has authority to post lower speed limits than those + presented in this chapter where special hazards exist. +5. The fact that the speed of a vehicle is lower than the designated + limits shall not relieve the driver from the duty to decrease speed + when approaching and crossing an intersection, when approaching and + going around a curve, when approaching a hill crest, when traveling + upon any narrow winding roadway, or when a special hazard exists + with respect to pedestrians or other traffic, or by reason of + weather or highway conditions and speed shall be decreased as may be + necessary to avoid colliding with any person or vehicle or on + entering the roadway in compliance with legal requirement and the + duty of all persons to use due care and precaution. +6. The driver of every vehicle shall, consistent with the requirements + of subsection (A) of this section, drive at an appropriate reduced + speed when approaching and crossing an intersection or railway grade + crossing, when approaching and going around a curve, when + approaching a hillcrest, when driving upon any narrow or winding + roadway, and when special hazard exists with respect to pedestrians + or other traffic, or by reason of weather or highway conditions. + +(Ord. No. 504, 2-5-1990) + +**State Law reference**--- Similar provisions, 47 O.S. § 11-801. + +::: phx-docs +HISTORY\ +*Amended by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-702 Special Speed +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-702_Special_Speed_Regulations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Speed limits are hereby established, except in school zones, on + state and federal highways in the city as follows, and no person + shall drive a motor vehicle at a speed in excess of such limits:\ + \ + ----------------------- ----------------------- ----------------------- + Street Name\ Section\ Miles Per Hour\ + + Janeway Street\ North city limits to SW 30 + 4th\ + + Santa Fe\ NW 12th to SW 4th\ 35 + + Santa Fe\ SW 19th to south city 40 + limits\ + + Telephone Road\ SW 19th to SW 34th 45 + Street\ + + Telephone Road\ SW 34th to south city 40 + limits\ + + Broadway\ North city limits to N 40 + 18th Street\ + + Broadway\ S 4th to S 19th\ 40 + + Broadway\ S 19th to south city 45 + limits\ + + Eastern\ NE 27th to SE 4th\ 40 + + Bryant\ North city limits to NE 40 + 27th\ + + NE 27th\ Eastern to Bryant\ 35 + + N 12th\ Santa Fe to Estell\ 35 + + NE 12th\ Estell to Sunnylane\ 40 + + NW 5th\ I-35 to Broadway\ 35 + + Main\ I-35 to Broadway\ 30 + + Main\ Broadway to Eastern\ 35 + + SE 19th\ Bryant to Sunnylane\ 50 + + SE 19th\ Broadway to Eastern\ 35 + + SW 34th\ West city limits to 25 + I-35\ + + SW 34th\ Railroad to Eastern\ 35 + + SW 34th\ Eastern to Broadway\ 40 + + SE 34th\ Sunnylane to Sooner\ 40 + + SE 34th\ Sooner to east city 35 + limits\ + + Indian Hills\ Eastern to Bryant\ 35 + ----------------------- ----------------------- ----------------------- +2. Any special speed zones inconsistent with these regulations are + expressly amended. + +(Ord. No. 540, 12-4-1990) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[779(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325063_Ordinance%20No.%20779%20(14).pdf){.k-link +target="_blank" style="color:#0000EE"} on 7/21/2014\ +Amended by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-703 Minimum +Speed](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-703_Minimum_Speed){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to drive a motor vehicle at such slow +speed as to impede or block the normal and reasonable movement of +traffic, except when reduced speed is necessary for safe operation. +Police officers are hereby authorized to enforce this provision by +directions to drivers and in the event of willful disobedience to this +provision or refusal to comply with the direction of an officer in +accordance herewith, the continued slow operation by a driver shall be +unlawful and constitute a blocking of traffic and a violation of this +section. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-704 Speed Limits In Construction +Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-704_Speed_Limits_In_Construction_Zones){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Where any municipal street or roadway shall be under construction, +maintenance or repair and a maximum safe, careful, and prudent speed +shall have been determined by the city manager, during the period of the +construction, maintenance, or repairs and shall have been plainly posted +at each terminus thereof and at various points as necessary along the +route thereof the determined maximum speed, no person shall drive any +vehicle upon the portion of the municipal street or roadway at a speed +in excess of the speed so determined and posted. Violation of the posted +speed limit in the repair, maintenance, or construction zone shall +result in the doubling of the appropriate fine. For purposes of this +section, the term \"repair, maintenance, or construction zone\" means +any location where repair, maintenance, or construction work is actually +in progress and workers present. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-804. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-8 +RIGHT-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-8_RIGHT-OF-WAY){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-801 Right-Of-Way At +Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-801_Right-Of-Way_At_Intersection){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-802 Right-Of-Way At Intersections, Vehicles Arriving At Same +Time](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-802_Right-Of-Way_At_Intersections,_Vehicles_Arriving_At_Same_Time){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-803 Left Turn At +Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-803_Left_Turn_At_Intersection){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-804 Designation Of Through +Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-804_Designation_Of_Through_Streets){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-805 Signs At Through +Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-805_Signs_At_Through_Streets){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-806 Determination Of Stop And Yield +Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-806_Determination_Of_Stop_And_Yield_Intersections){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-807 Vehicles Entering Stop +Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-807_Vehicles_Entering_Stop_Intersections){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-808 Vehicle Entering Yield +Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-808_Vehicle_Entering_Yield_Intersection){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-809 School Zones And +Crosswalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-809_School_Zones_And_Crosswalks){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-810 Emerging From Alley Or +Driveway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-810_Emerging_From_Alley_Or_Driveway){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-811 Obstructing Intersection Or +Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-811_Obstructing_Intersection_Or_Crosswalk){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-801 Right-Of-Way At +Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-801_Right-Of-Way_At_Intersection){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The driver of a vehicle on a street which is not a state or federal + highway approaching an intersection with a state or federal highway + shall stop and yield the right-of-way to a vehicle which has entered + the intersection or which is so close thereto as to constitute an + immediate hazard. +2. When two vehicles enter or approach an intersection from different + highways at approximately the same time, the driver of the vehicle + on the left shall yield the right-of-way to the vehicle on the + right. +3. The right-of-way rules declared in subsections (A) and (B) of this + section are modified at through highways and otherwise as stated in + this chapter. +4. The driver of a vehicle approaching a \"T\" intersection, traveling + down the base of the \"T\" intersection approaching a dead end must + yield the right-of-way to all traffic. + +**State Law reference**--- Similar provisions, 47 O.S. §§ 11-401, +11-403. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-802 Right-Of-Way At Intersections, Vehicles Arriving At Same +Time](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-802_Right-Of-Way_At_Intersections,_Vehicles_Arriving_At_Same_Time){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Where two or more vehicles face stop, slow, warning or caution signs + or signals on two or more intersecting cross streets, and are + approaching so as to enter the intersection at the same time, where + each vehicle is required to stop, the vehicle coming from the right + shall have the right-of-way. Where each vehicle is required to slow, + the vehicle coming from the right shall have the right-of-way. Where + each vehicle is required to take caution, the vehicle coming from + the right shall have the right-of-way. +2. The driver of a vehicle approaching an intersection shall yield the + right-of-way to a vehicle which has entered the intersection from a + different highway, provided that the driver of a vehicle on a street + which is not a state or federal highway approaching an intersection + with a state or federal highway shall stop and yield the + right-of-way to a vehicle which has entered the intersection or + which is so close thereto as to constitute an immediate hazard. +3. Where one vehicle is required to stop and the other to slow or take + caution, the one slowing or taking caution shall have the + right-of-way. Where one vehicle is required to slow and the other to + take caution, the one required to take caution shall have the + right-of-way. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-803 Left Turn At +Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-803_Left_Turn_At_Intersection){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The driver of a vehicle within an intersection intending to turn to the +left shall give a signal and yield the right-of-way to any vehicle +approaching from the opposite direction which is within the intersection +or so close thereto as to constitute an immediate hazard. However, the +driver, having so yielded and having given a signal when and as required +by this chapter, may make such left turn, and the drivers of all other +vehicles approaching the intersection from the opposite direction shall +yield the right-of-way to the vehicle making the left turn. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-402. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-804 Designation Of Through +Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-804_Designation_Of_Through_Streets){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager, subject to direction of the council, may designate any +street or part of street as a through street. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-805 Signs At Through +Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-805_Signs_At_Through_Streets){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Whenever the city manager designates and describes a through street, the +city manager shall have placed and maintained a stop sign, or if deemed +more appropriate at any intersection a yield sign, on each and every +street intersection such through street, and a heavy-traffic street not +so designated. Stop signs shall be erected at the approaches of either +of the streets as may be determined by the manager if deemed desirable. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-806 Determination Of Stop And Yield +Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-806_Determination_Of_Stop_And_Yield_Intersections){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city manager, subject to direction by the council, is authorized + to determine and designate intersections where particular hazard + exists upon other than through streets and to determine: + 1. Whether vehicles shall stop at one or more entrances to any such + intersection, in which event he shall cause to be erected a stop + sign at every such place where a stop is required; or + 2. Whether vehicles shall yield the right-of-way to vehicles on a + different street at such intersection as prescribed in section + 15-807, in which event he shall cause to be erected a yield sign + at every place where obedience thereto is required. +2. Every stop sign and every yield sign shall be erected as near as + practicable to the nearest line of the crosswalk on the near side of + the intersection or, if there is no crosswalk, then as near as + practicable to the nearest line of the intersecting roadway. +3. Every stop sign shall bear the word \"Stop\" in letters not less + than eight inches in height. Every yield sign shall bear the word + \"Yield\" in letters not less than seven inches in height. Every + stop sign and every yield sign shall, at nighttime, be rendered + luminous by internal illumination, or by a floodlight projected on + the face of the sign, or by efficient reflecting elements in the + face of the sign. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-807 Vehicles Entering Stop +Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-807_Vehicles_Entering_Stop_Intersections){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Except when directed to proceed by a police officer or + traffic-control signal, every driver of a vehicle approaching a stop + intersection indicated by a stop sign shall stop before entering the + crosswalk on the near side of the intersection, or, in the event + there is no crosswalk, shall stop at a clearly marked stop line, + but, if none, then at the point nearest the intersecting roadway + where the driver has a view of approaching traffic on the + intersecting roadway before entering the intersection. +2. Such driver, after having stopped, shall yield the right-of-way to + any vehicle which has entered the intersection from another highway + or which is approaching so closely on the highway as to constitute + an immediate hazard. The driver having so yielded may proceed only + when it is prudent and apparently safe to do so. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-703. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-808 Vehicle Entering Yield +Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-808_Vehicle_Entering_Yield_Intersection){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The driver of a vehicle approaching a yield sign shall in obedience + to such sign slow down to a speed reasonable for the existing + conditions, or shall stop if necessary and yield the right-of-way to + any pedestrian legally crossing the roadway on which he is driving + and to any vehicle in the intersection or approaching on another + highway so closely as to constitute an immediate hazard. If such + driver is involved in a collision with a pedestrian in a crosswalk + or a vehicle in the intersection after driving past a yield sign, + such collision shall be deemed prima facie evidence of his failure + to yield the right-of-way. +2. The driver of a vehicle approaching a yield sign is required for + safety to stop, and shall stop before entering the crosswalk on the + near side of the intersection or, in the event there is no + crosswalk, at a clearly marked stop line, but, if none, then at the + point nearest the intersecting roadway where the driver has a view + of approaching traffic on the intersection roadway. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-703. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-809 School Zones And +Crosswalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-809_School_Zones_And_Crosswalks){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city manager, subject to direction by the council, is authorized + to erect signs to designate school zones and school zone crosswalks. +2. No person may drive a vehicle past a school sign or through a school + zone at a speed greater than that posted on school days or when + children are present, all as posted. Drivers proceeding in a school + zone shall stop and yield the right-of-way to pedestrians in school + zone crosswalks when so directed by a school safety patrol member or + when such crosswalk is occupied by pedestrians between the hours on + school days or when children are present, all as posted. +3. Any driver involved in a school zone crosswalk collision with a + pedestrian after failing to slow and yield the right-of-way to such + pedestrian shall be deemed prima facie in violation of this section. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-810 Emerging From Alley Or +Driveway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-810_Emerging_From_Alley_Or_Driveway){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The driver of a vehicle emerging from an alley, driveway or building +shall stop such vehicle immediately prior to driving onto a sidewalk or +onto the sidewalk area extending across any alleyway or driveway and +shall yield the right-of-way to any pedestrian as may be necessary to +avoid collision, and upon entering the roadway shall yield the +right-of-way to all vehicles approaching on the roadway. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-704. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-811 Obstructing Intersection Or +Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-811_Obstructing_Intersection_Or_Crosswalk){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No driver shall enter an intersection or a marked crosswalk unless there +is sufficient space on the other side of the intersection or crosswalk +to accommodate the vehicle he is operating without obstructing the +passage of other vehicles or pedestrians, notwithstanding any +traffic-control signal indication to proceed. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-9 TURNING +MOVEMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-9_TURNING_MOVEMENTS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-901 Method Of Turning Generally And At +Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-901_Method_Of_Turning_Generally_And_At_Intersections){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-902 Authority To Place Turning +Markers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-902_Authority_To_Place_Turning_Markers){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-903 Authority To Restrict Turning; Obedience +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-903_Authority_To_Restrict_Turning;_Obedience_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-904 Limitations On Turning, +U-Turns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-904_Limitations_On_Turning,_U-Turns){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-905 Turning Or Stopping Movements; Signals +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-905_Turning_Or_Stopping_Movements;_Signals_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-906 Signals; Method +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-906_Signals;_Method_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-907 Method Of Giving Hand +Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-907_Method_Of_Giving_Hand_Signals){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-901 Method Of Turning Generally And At +Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-901_Method_Of_Turning_Generally_And_At_Intersections){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The driver of a vehicle intending to turn at an intersection shall + do so as follows: + 1. *Right turns*. Both the approach for a right turn and a right + turn shall be made as close as practicable to the right-hand + curb or edge of the roadway; + 2. *Left turns on two-way roadways*. At any intersection where + traffic is permitted to move in both directions on each roadway + entering the intersection, an approach for a left turn shall be + made in that portion of the right half of the roadway nearest + the centerline thereof and by passing to the right of such + centerline where it enters the intersection; and after entering + the intersection, the left turn shall be made so as to leave the + intersection to the right of the centerline of the roadway being + entered. Whenever practicable, the left turn shall be made in + that portion of the intersection to the left of the center of + the intersection; and + 3. *Left turns on other than two-way roadways*. At any intersection + where traffic is restricted to one direction on one or more of + the roadways, the driver of a vehicle intending to turn left at + any such intersection shall approach the intersection in the + extreme left-hand lane lawfully available to traffic moving in + the direction of travel of such vehicle. After entering the + intersection, the left turn shall be made so as to leave the + intersection, as nearly as practicable, in the left-hand lane + lawfully available to traffic moving in such direction upon the + roadway being entered. +2. No person shall turn a vehicle at an intersection unless the vehicle + is in proper position upon the roadway as required by this section, + or turn a vehicle to enter a private road or driveway, or otherwise + turn a vehicle from a direct course or move right or left upon a + roadway, unless and until such movement can be made with reasonable + safety. + +**State Law reference**--- Similar provisions, 47 O.S. §§ 11-601, +11-604. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-902 Authority To Place Turning +Markers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-902_Authority_To_Place_Turning_Markers){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city manager, subject to direction by the council, is authorized + to have placed markers, buttons or signs within or adjacent to + intersections indicating the course to be traveled by vehicles + turning at such intersections. Such course to be traveled shall be + indicated. +2. When authorized markers, buttons or other indications are placed + within an intersection indicating the course to be traveled by + vehicles turning thereat, no driver of a vehicle shall disobey the + directions of such indications. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-903 Authority To Restrict Turning; Obedience +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-903_Authority_To_Restrict_Turning;_Obedience_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city manager, subject to direction by the council, may determine + those intersections at which drivers of vehicles shall not make a + right turn, left turn or U-turn, and shall have placed proper signs + at such intersections. The making of such turns may be prohibited + between certain hours of any day and permitted at other hours. +2. Whenever authorized signs are erected indicating that no right turn, + left turn or U-turn is permitted, no driver of a vehicle shall + disobey the directions of any such sign. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-904 Limitations On Turning, +U-Turns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-904_Limitations_On_Turning,_U-Turns){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Except as hereinafter provided, no person shall operate a vehicle so + as to turn more than 90 degrees on any street or highway. +2. Persons excepted are those who can safely execute that turn if at an + intersection, but it is unlawful for the driver of a vehicle to make + such a turn at any intersection: + 1. Where traffic-control signals are installed; + 2. Where a police officer is directing traffic, except at the + latter\'s direction; or + 3. Where an official no U-turn sign has been placed and is + maintained. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-905 Turning Or Stopping Movements; Signals +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-905_Turning_Or_Stopping_Movements;_Signals_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall turn a vehicle at an intersection unless the vehicle + is in proper position upon the roadway as required by ordinance, or + turn a vehicle to enter a private road or driveway, or otherwise + turn a vehicle from a direct course or move right or left upon a + roadway unless and until such movement can be made with reasonable + safety. No person shall turn any vehicle without giving an + appropriate signal in the manner hereinafter provided in the event + any other traffic may be affected by such movement. +2. A signal of intention to turn right or left when required shall be + given continuously during not less than the last 100 feet traveled + by the vehicle before turning. +3. No person shall stop or suddenly decrease the speed of a vehicle + without first giving an appropriate signal in the manner provided + herein to the driver of any vehicle immediately to the rear when + there is opportunity to give such signal. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-604. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-906 Signals; Method +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-906_Signals;_Method_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any stop or turn signal, when required herein, shall be given either + by means of the hand and arm or by signal lamps, except as otherwise + provided in subsection (B) of this section. +2. Any motor vehicle in use on a highway shall be equipped with, and + required signal shall be given by, signal lamps when the distance + from the center of the top of the steering post to the left outside + limit of the body, cab or load of such motor vehicle exceeds 24 + inches, or when the distance from the center of the top of the + steering post to the rear limit of the body or load thereof exceeds + 14 feet. The latter measurement shall apply to any single vehicle + and to any combination of vehicles. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-605. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-907 Method Of Giving Hand +Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-907_Method_Of_Giving_Hand_Signals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All signals herein required given by hand and arm shall be given from +the left side of the vehicle in the following manner: + +1. *Left turn*. Hand and arm extended horizontally; +2. *Right turn*. Hand and arm extended upward.; A person operating a + bicycle may extend his or her right hand and arm downward to his or + her right side.\ + A person operating a bicycle may extend his or her right hand and + arm horizontally to his or her right; and\ +3. *Stop or decrease speed*. Hand and arm extended downward. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-606. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +Amended by Ord. +[988(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_988.21.pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/4/2021\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-10 ONE-WAY STREETS AND +ALLEYS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-10_ONE-WAY_STREETS_AND_ALLEYS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-1001 Authority To Designate One-Way +Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1001_Authority_To_Designate_One-Way_Streets){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1002 One-Way Streets, Direction Of +Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1002_One-Way_Streets,_Direction_Of_Traffic){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1003 Rotary Traffic +Islands](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1003_Rotary_Traffic_Islands){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-1001 Authority To Designate One-Way +Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1001_Authority_To_Designate_One-Way_Streets){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city council, by resolution, may designate any street or alley + or part thereof as a one-way street or alley. Signs indicating the + direction of lawful traffic movement shall be placed at every + intersection where movement of traffic in the opposite direction is + prohibited. +2. The following streets are hereby designated as one-way streets: + 1. I-35 service road, east, between Southwest Fourth Street and + Northwest Eighteenth Street within the city limits, northbound; + 2. I-35 service road, west, between Southwest Fourth Street and + Northwest Twelfth Street within the city limits, southbound. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1002 One-Way Streets, Direction Of +Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1002_One-Way_Streets,_Direction_Of_Traffic){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Upon those streets and parts of streets in those alleys and parts of +alleys designated as one-way streets and alleys, vehicular traffic shall +move only in the indicated direction when signs indicating the direction +of traffic are erected and maintained at every intersection where +movement in the opposite direction is prohibited. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-308. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1003 Rotary Traffic +Islands](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1003_Rotary_Traffic_Islands){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A vehicle passing around a rotary traffic island shall be driven only to +the right of such island. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-308. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-11 TRUCK ROUTES AND +PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-11_TRUCK_ROUTES_AND_PARKING){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-1101 Truck Routes; Map Multiple Citations; +Impoundment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1101_Truck_Routes;_Map_Multiple_Citations;_Impoundment){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1102 Permits Required For Operation On Certain +Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1102_Permits_Required_For_Operation_On_Certain_Streets){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1103 LPG +Prohibitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1103_LPG_Prohibitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1104 Compliance With State +Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1104_Compliance_With_State_Law){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1105 Trucks Transporting Flammable Liquids, Hazardous Material +Not To Be Left Unattended More Than 15 +Minutes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1105_Trucks_Transporting_Flammable_Liquids,_Hazardous_Material_Not_To_Be_Left_Unattended_More_Than_15_Minutes){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-1101 Truck Routes; Map Multiple Citations; +Impoundment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1101_Truck_Routes;_Map_Multiple_Citations;_Impoundment){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The council, by motion or resolution, may prescribe routes through + the city for the use of trucks in general or trucks of particular + kinds or other vehicles which are not ordinary private passenger + vehicles passing through the city. The city shall see that + appropriate and adequate signs are placed along such routes so that + drivers of such vehicles may follow the routes. +2. When such signs are so erected and in place, the driver of a truck + or other vehicle for which a route has been prescribed as provided + herein, while passing through the city, shall keep on such route and + shall not deviate therefrom except in case of emergency. Drivers of + such vehicles shall follow such routes so far as practicable also + when driving within the city and not merely through the city. +3. The city clerk shall keep and maintain accurate maps setting out the + truck routes designated by the city. +4. Any truck which has been involved in two or more driving or parking + violations for which citations have been issued and not paid as + required shall be subject to impoundment upon the issuance of the + third citation. The enforcing officer shall make all reasonable + efforts to contact the owner or operator before impoundment. The + costs of impoundment shall be paid by the owner before any impounded + truck is released. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1102 Permits Required For Operation On Certain +Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1102_Permits_Required_For_Operation_On_Certain_Streets){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person, except in case of emergency, shall drive or operate a bus + or truck larger than a 1½-ton truck upon any minor or collector + street without a permit issued by the city. +2. The city clerk shall issue a permit as provided herein upon + application and approval by the city manager or his designee. A fee + shall be charged and collected for such permit which shall state the + time and street upon which the vehicle is to be operated. A permit + is valid only for the date and time issued. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1103 LPG +Prohibitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1103_LPG_Prohibitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful for any person to drive a liquefied petroleum or + hazardous material truck, whether empty or loaded, in the city. + Liquefied petroleum or hazardous material trucks may be driven on + through streets as designated by the city, but may not be parked for + any purpose on any public street in the city. No truck, trailer, + storage building or any other structure containing hazardous + materials in bottles, buckets, barrels or any other container may be + parked for any purpose on a public street in the city. Such + hazardous materials may be removed at the expense of the owner, by + the city manager or designee, to storage in a proper location until + the city judge shall direct that such hazardous materials he + returned to the rightful owner or otherwise disposed of as provided + by law. +2. For the purpose of this section, the following streets are hereby + designated as through streets: North 27th Street, North 12th Street, + South 4th Street, South 19th Street, South 34th Street, Sunnylane, + Bryant, Eastern, Broadway, South Telephone south of Southwest 4th + Street, Santa Fe, Interstate 35, North Moore or Shields north of + Northwest 27th Street, and others as may be designated. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1104 Compliance With State +Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1104_Compliance_With_State_Law){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All persons owning liquefied petroleum gas or hazardous material trucks +shall comply with all state laws, the city liquefied petroleum gas +regulations, and have in force adequate public liability and property +damage insurance. + +(Prior Code, § 9-82) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1105 Trucks Transporting Flammable Liquids, Hazardous Material +Not To Be Left Unattended More Than 15 +Minutes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1105_Trucks_Transporting_Flammable_Liquids,_Hazardous_Material_Not_To_Be_Left_Unattended_More_Than_15_Minutes){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to park a truck or vehicle transporting +explosives, gasoline or other flammable liquids, combustible liquids or +hazardous materials and to leave the same unattended within the city. +Such truck or vehicle may be left parked within an agricultural district +or may be parked unattended on any street or alley only for an emergency +and then only for a period of time not to exceed 15 minutes. Such a +truck shall in no way obstruct traffic using the street or alley. + +(Prior Code, § 9-62) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-12 LOADING +ZONES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-12_LOADING_ZONES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-1201 Authority To Designate Curb Loading +Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1201_Authority_To_Designate_Curb_Loading_Zones){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1202 Parking Or Standing In Passenger Loading Zones +Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1202_Parking_Or_Standing_In_Passenger_Loading_Zones_Restricted){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1203 Standing Or Parking In Freight Loading +Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1203_Standing_Or_Parking_In_Freight_Loading_Zones){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1204 Permit To Back To Curb For Loading Or +Unloading](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1204_Permit_To_Back_To_Curb_For_Loading_Or_Unloading){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-1201 Authority To Designate Curb Loading +Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1201_Authority_To_Designate_Curb_Loading_Zones){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager, subject to direction of the council, may determine the +location of passenger and freight curb loading zones, and shall have +placed and maintained appropriate signs indicating the same and stating +the hours during which the provisions of this section are applicable. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1202 Parking Or Standing In Passenger Loading Zones +Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1202_Parking_Or_Standing_In_Passenger_Loading_Zones_Restricted){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall stop, stand or park a vehicle for any purpose or period +of time other than for the expeditious loading or unloading of +passengers in any place marked as a passenger curb loading zone during +hours when the regulations applicable to such curb loading zone are +effective, and then only for period not to exceed three minutes. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1203 Standing Or Parking In Freight Loading +Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1203_Standing_Or_Parking_In_Freight_Loading_Zones){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall stop, stand or park a vehicle for any purpose or + length of time other than for the expeditious unloading and delivery + or pickup and loading of materials in any place marked as a freight + curb loading zone during hours when the provisions applicable to + such zones are in effect. In no case shall the stop for loading or + unloading of materials exceed 30 minutes. +2. The driver of a passenger vehicle may stop temporarily at a place + marked as a freight curb loading zone for the purpose of and while + actually engaged in loading or unloading passengers when such + stopping does not interfere with any motor vehicle used for the + transportation of materials which is waiting to enter or about to + enter such zone. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1204 Permit To Back To Curb For Loading Or +Unloading](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1204_Permit_To_Back_To_Curb_For_Loading_Or_Unloading){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city manager is authorized to issue special permits to permit + the backing of a vehicle to the curb for the purpose of loading or + unloading merchandise or materials subject to the terms and + conditions of such permit. Such permits may be issued either to the + owner or lessee of real property or to the owner of the vehicle and + shall grant to such person the privilege as therein stated and + authorized herein. The traffic engineer may revoke such permits at + any time. +2. It is unlawful for any permittee or other person to violate any of + the special terms or conditions of any permit issued under this + section. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-13 PUBLIC CARRIER +STOPS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-13_PUBLIC_CARRIER_STOPS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-1301 Authority To Designate Public Carrier +Stops](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1301_Authority_To_Designate_Public_Carrier_Stops){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1302 Bus Stops, +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1302_Bus_Stops,_Restrictions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1303 Taxi Stands, Loading +Passengers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1303_Taxi_Stands,_Loading_Passengers){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1304 Restricted Use Of Bus And Taxicab +Stands](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1304_Restricted_Use_Of_Bus_And_Taxicab_Stands){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-1301 Authority To Designate Public Carrier +Stops](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1301_Authority_To_Designate_Public_Carrier_Stops){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city manager, subject to direction of the council, may establish bus +stops, stands, taxicab stands and stands for other passenger common +carrier motor vehicles on such public streets in such places and in such +manner as it determines to be of the greatest benefit and convenience to +the public. Every such bus stop, bus stand, taxicab stand or other stand +shall be designated by appropriate signs. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1302 Bus Stops, +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1302_Bus_Stops,_Restrictions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The operator of a bus shall not stand or park such vehicle upon any + street at any place other than a bus stand. +2. The operator of a bus shall not stop such vehicle upon any street at + any place for the purpose of loading or unloading passengers or + their baggage other than at a bus stop, bus stand or passenger + loading zone so designated, except in case of an emergency. +3. The operator of a bus shall enter a bus stop, bus stand or passenger + loading zone on a public street in such a manner that the bus, when + stopped to load or unload passengers or baggage, shall be in a + position with the right front wheel of such vehicle not further than + 18 inches from the curb and the bus approximately parallel to the + curb so as not to unduly impede the movement of other vehicular + traffic. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1303 Taxi Stands, Loading +Passengers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1303_Taxi_Stands,_Loading_Passengers){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The operator of a taxicab shall not stand or park such vehicle upon any +street or any place other than in a taxicab stand so designated. This +section shall not prevent the operator of a taxicab from temporarily +stopping in accordance with other stopping or parking regulations at any +place for the purpose of and while actually engaged in the expeditious +loading or unloading of passengers. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1304 Restricted Use Of Bus And Taxicab +Stands](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1304_Restricted_Use_Of_Bus_And_Taxicab_Stands){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall stop, stand or park a vehicle other than a bus in a bus +stop, or other than a taxicab in a taxicab stand, when any such stop or +stand has been officially designated and appropriately signed; except +that the driver of a passenger vehicle may temporarily stop therein for +the purpose of and while actually engaged in loading or unloading +passengers when such stopping does not interfere with any bus or taxicab +waiting to enter such zone. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-14 +ACCIDENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-14_ACCIDENTS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-1401 Accidents Involving Death Or Personal +Injury](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1401_Accidents_Involving_Death_Or_Personal_Injury){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1402 Accidents Involving Damage To +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1402_Accidents_Involving_Damage_To_Property){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1403 Duty To Give Information And Render +Aid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1403_Duty_To_Give_Information_And_Render_Aid){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1404 Duty Upon Striking Unattended +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1404_Duty_Upon_Striking_Unattended_Vehicle){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1405 Duty Upon Striking Fixtures Upon A +Highway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1405_Duty_Upon_Striking_Fixtures_Upon_A_Highway){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1406 Immediate Notice Of +Accident](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1406_Immediate_Notice_Of_Accident){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1407 When Driver Unable To +Report](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1407_When_Driver_Unable_To_Report){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-1401 Accidents Involving Death Or Personal +Injury](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1401_Accidents_Involving_Death_Or_Personal_Injury){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The driver of any vehicle involved in an accident resulting in injury to +or death of any person shall immediately stop such vehicle at the scene +of such accident or as close thereto as possible but shall then +forthwith return to and in every event shall remain at the scene of the +accident until he has fulfilled the requirements of section 15-1403. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1402 Accidents Involving Damage To +Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1402_Accidents_Involving_Damage_To_Property){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The driver of any vehicle involved in an accident resulting only in + apparent damage to property shall immediately stop such vehicle at + the scene of such accident or as close thereto as possible. The + driver shall remain at the scene of such accident until he has + fulfilled the requirements of section 15-1403. Every such stop shall + be made without obstructing traffic more than is necessary. Any + person failing to stop or comply with the requirements under such + circumstances shall be guilty of a misdemeanor. +2. If the damage resulting from such accident is to the property of the + driver only, with no damage to the person or property of another, + the driver need not stop at the scene of the accident but shall make + report of the damage resulting. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1403 Duty To Give Information And Render +Aid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1403_Duty_To_Give_Information_And_Render_Aid){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The driver of any vehicle involved in an accident resulting in injury to +or death of any person or damage to any vehicle which is driven or +attended by any person shall give his correct name, address and +registration number of the vehicle he is driving, and shall, upon +request and if available, exhibit his driver\'s license and his security +verification form, as defined in this Code, to the person struck or the +driver or occupant of or person attending any vehicle collided with, and +shall render to any person injured in such accident reasonable +assistance, including the carrying, or the making of arrangements for +the carrying, of such person to a physician, surgeon or hospital for +medical or surgical treatment if it is apparent that such treatment is +necessary or if such carrying is requested by the injured person. + +**State Law reference**--- Similar provisions, 47 O.S. § 10-104. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1404 Duty Upon Striking Unattended +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1404_Duty_Upon_Striking_Unattended_Vehicle){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The driver of any vehicle which collides with any vehicle which is +unattended shall immediately stop and shall then and there either locate +and notify the operator or owner of such vehicle of the correct name and +address of the driver and owner of the vehicle striking the unattended +vehicle, and provide the operator or owner with information from his +security verification form, as defined in this Code, or shall leave in a +conspicuous place in the vehicle struck a written notice giving the name +and address of the driver and of the owner of the vehicle doing the +striking, and providing information from his security verification form, +as defined by this Code, and a statement of the circumstances thereof. + +**State Law reference**--- Similar provisions, 47 O.S. § 10-105. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1405 Duty Upon Striking Fixtures Upon A +Highway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1405_Duty_Upon_Striking_Fixtures_Upon_A_Highway){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The driver of any vehicle involved in an accident resulting only in +damage to fixtures or other property legally upon or adjacent to a +highway shall take reasonable steps to locate and notify the owner or +person in charge of such property of such fact and of his name and +address and of the registration number of the vehicle he is driving and +shall, upon request and if available, exhibit his driver\'s license and +his security verification form, as defined in this Code, and shall make +report of such accident when and as required in section 15-1407. + +**State Law reference**--- Similar provisions, 47 O.S. § 10-106. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1406 Immediate Notice Of +Accident](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1406_Immediate_Notice_Of_Accident){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The driver of a vehicle involved in any accident shall immediately, by +the quickest means of communication, give notice of such accident to the +police department, on forms provided by the police department, after +complying with the requirements of section 15-1403. A report shall be +made on forms provided by the department. Where personal injury or death +occurs, the driver of the vehicle shall remain at the scene of the +accident until police officers arrive, except in cases of personal +injury requiring immediate attention. + +**State Law reference**--- Similar provisions, 47 O.S. § 10-107. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1407 When Driver Unable To +Report](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1407_When_Driver_Unable_To_Report){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. An accident report is not required under this chapter from any + person who is physically incapable of making report during the + period of such incapacity. +2. Whenever the driver of a vehicle is physically incapable of giving + an immediate notice of an accident as required in section 15-1406 + and there was another occupant in the vehicle at the time of the + accident capable of doing so, such occupant shall make or cause to + be given the notice not given by the driver. + +**State Law reference**--- Similar provisions, 47 O.S. § 10-111. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-15 +MOTORCYCLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-15_MOTORCYCLES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-1501 Operation Of +Motorcycle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1501_Operation_Of_Motorcycle){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1502 Equipment +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1502_Equipment_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1503 Headgear +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1503_Headgear_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1504 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1504_License_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1505 Minibikes, Dirt Bikes, Trail Bikes Restricted On +Operations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1505_Minibikes,_Dirt_Bikes,_Trail_Bikes_Restricted_On_Operations){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-1501 Operation Of +Motorcycle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1501_Operation_Of_Motorcycle){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall operate a motorcycle or motor-driven cycle, + including a motor scooter or motor-driven bicycle, on a street in + the city during a time when state law prohibits the operation of + such vehicle. +2. No driver of a three-wheel motor vehicle or motor driven bicycle + shall carry any other person on, upon or within such vehicle on any + street in the city, except as hereinafter provided. If any two-or + three-wheel motor vehicle with a wheel diameter of 12 inches or + greater or any bicycle shall have either a double seating device + with double foot rests or a side car attachment providing a separate + seat space within such side car attachment for each person riding + therein so that such person shall be seated entirely within the body + of the side car, it shall be permissible for an operator who has + attained the age of 16 or older to carry a passenger. A + demonstration ride by a licensed dealer or his employee is excepted + from the provisions hereof. +3. No motorcycle or motor scooter shall be ridden upon any sidewalk. +4. Handlebars on motorcycles and motor scooters shall not exceed 12 + inches in height, measured from the crown or point of attachment. +5. No rider of a motorcycle or motor scooter shall hold to any moving + vehicle for the purpose of being propelled. +6. No driver of a motorcycle, motor scooter or bicycle shall pass other + vehicles between lanes of traffic traveling in the same direction, + authorized emergency vehicles excepted. +7. No person shall operate any motorcycle or any motor scooter at a + speed greater than the speed limit legally posted. In no event nor + at any time may an operator under the age of 16 years operate a + motorcycle or motor scooter at a speed greater than 35 miles per + hour. +8. A person operating a motorcycle or motor-driven cycle shall ride + only on the permanent and regular seat attached thereto. + +**State Law reference**--- Restriction on transporting others by +motorcycles, motorized scooters, etc., 47 O.S. § 11-1103; speed +limitation on motorcycles, motorized scooters, etc., 47 O.S. § 11-805. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1502 Equipment +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1502_Equipment_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following equipment shall be required on all motorcycles and all +motor scooters except when attached on actual trail rides conducted +outside of public streets, roads and highways: + +1. *Rear-view mirrors*. All vehicles covered under this chapter shall + be equipped with two mirrors, containing a reflection surface of not + less than three inches in diameter, mounted one on each side of the + vehicle and positioned so as to enable the operator to clearly view + the roadway for a distance of 200 feet to the rear of his vehicle; +2. *Windshield*. All vehicles covered under this section shall be + equipped with a windshield of sufficient quality, size and thickness + to protect the operator from foreign objects, except that in lieu of + such windshield the operator shall wear goggles or face shield of + material and design to protect him from foreign objects; +3. *Brakes*. All vehicles covered under this chapter shall be equipped + with brakes adequate to control the movement of same to stop and + hold such vehicles, including two separate means of applying the + brakes, one of which is effective to apply the brakes to the front + wheel and one of which is effective to apply the brakes to the rear + wheels. All such vehicles shall be equipped with a stop lamp on the + rear of the vehicle which shall display a red or amber light, or any + shade of color between red and amber, visible from a distance of not + less than 100 feet to the rear in normal sunlight, and which shall + be actuated upon application of the service brake; +4. *Speedometer*. All vehicles covered under this chapter shall be + equipped with a properly operating speedometer capable of + registering at least the maximum legal speed limit for the vehicle; +5. *Fender*. All vehicles covered under this chapter shall be equipped + with a fender over each wheel. All fenders shall be of the type + provided by the manufacturer; +6. *Lights*. All vehicles covered under this chapter shall carry at + least one lighted head lamp capable of showing a white light visible + at least 300 feet in the direction in which the same are proceeding, + and one tail lamp mounted in the rear which, when lighted, shall + omit a red light plainly visible from at least 300 feet to the rear; + and such lights required by this chapter shall be burning whenever + such vehicles are in motion during the period from one-half hour + after sunset and one-half hour before sunrise and at any other time + when, due to insufficient light or unfavorable atmospheric + conditions, persons and vehicles on the streets are not clearly + discernible at a distance of at least 500 feet ahead; +7. *Red reflectors*. All vehicles covered under this chapter shall + carry on the rear thereof, either as a part of the tail light or + separately, at least one red reflector which shall be of such size + and characteristics as to be visible at night from all distances + within 350 feet to 100 feet from the vehicle when directly in front + of lawful upper beams of headlights on motor vehicles; +8. *Muffler*. No person shall operate a vehicle covered under this + section with an exhaust system modified so that motor noise is + increased greater than that of the original muffler equipment + provided by the manufacturer of the vehicle. + +**State Law reference**--- Similar provisions, 47 O.S. § 12-601 et seq. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1503 Headgear +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1503_Headgear_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person under 18 years of age shall operate or ride upon any +motorcycle unless such person is properly wearing a crash helmet of a +type which complies with standards established by 49 CFR 571.218. + +**State Law reference**--- Similar provisions, 47 O.S. § 12-609(B). + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1504 License +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1504_License_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All operators of motorcycle or motor-driven cycle shall have a current, +valid license issued by the state and conform to any specific +restriction contained thereon. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1505 Minibikes, Dirt Bikes, Trail Bikes Restricted On +Operations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1505_Minibikes,_Dirt_Bikes,_Trail_Bikes_Restricted_On_Operations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to operate within the city limits a +minibike, trail bike or dirt bike within 300 feet of a residential +dwelling. However, minibikes used by regularly organized units of any +Shrine Temple shall be exempt from the provisions of this section while +being used in any parade or other function of such body. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-16 +BICYCLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-16_BICYCLES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-1601 Effects Of Regulations, Parent\'s +Duty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1601_Effects_Of_Regulations,_Parent's_Duty){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1602 Applicability Of Traffic +Laws](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1602_Applicability_Of_Traffic_Laws){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1603 Obedience To Traffic-Control +Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1603_Obedience_To_Traffic-Control_Devices){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1604 Manner Of Riding +Bicycle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1604_Manner_Of_Riding_Bicycle){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1605 Riding On Roads And Bicycle +Paths](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1605_Riding_On_Roads_And_Bicycle_Paths){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1606 Speed +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1606_Speed_Restrictions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1607 Carrying +Articles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1607_Carrying_Articles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1608 +Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1608_Parking){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1609 Riding On Sidewalk +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1609_Riding_On_Sidewalk_Prohibited){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1610 Lights And +Brakes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1610_Lights_And_Brakes){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1611 Rider Not To Cling To Other +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1611_Rider_Not_To_Cling_To_Other_Vehicle){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1612 Emerging From Alley, Driveway Or +Building](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1612_Emerging_From_Alley,_Driveway_Or_Building){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1613 Dealers To +Report](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1613_Dealers_To_Report){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1614 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1614_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-1601 Effects Of Regulations, Parent\'s +Duty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1601_Effects_Of_Regulations,_Parent's_Duty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The parent of any child and the guardian of any ward shall not + authorize or knowingly permit any child or ward to violate any of + the provisions of this chapter. +2. These regulations applicable to bicycles shall apply whenever a + bicycle is operated upon any highway or upon any path set aside for + the exclusive use of bicycles, subject to the exceptions stated + herein. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1201. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1602 Applicability Of Traffic +Laws](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1602_Applicability_Of_Traffic_Laws){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person riding a bicycle upon a roadway shall be granted all of the +rights and shall be subject to all of the duties applicable to the +driver of a vehicle by the laws of the state declaring rules and or road +applicable to the driver of a vehicle, except as to special regulations +in this chapter and except as to those provisions of laws and ordinances +which by their nature can have no application. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1202. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1603 Obedience To Traffic-Control +Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1603_Obedience_To_Traffic-Control_Devices){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Any person operating a bicycle shall obey the instructions of + official traffic-control signals, signs and other control devices + applicable to vehicles, unless otherwise directed by a police + officer,or permitted under this section. +2. A person operating a bicycle approaching a stop sign shall: + 1. Slow down, + 2. If required to avoid an immediate hazard, stop at the stop sign + before entering the intersection, + 3. Cautiously enter the intersection and yield the right-of-way to + pedestrians lawfully within an adjacent crosswalk and to other + traffic lawfully using the intersection, + 4. If the person operating a bicycle determines there is no + immediate hazard, he or she may cautiously make a right or left + turn, or proceed through the intersection without stopping at + the stop sign. +3. A person operating a bicycle approaching a steady red + traffic-control signal shall: + 1. Make a complete stop at the steady red traffic-control signal + before entering the intersection, and + 2. Yield the right of way to all oncoming traffic that constitutes + an immediate hazard during the time that he or she is moving + across or within the intersection. + 3. If a person operating a bicycle determines there is no immediate + hazard, he or she may proceed through the steady red + traffic-control signal with caution. + 4. A person operating a bicycle may make a right-hand turn at a + steady red traffic-control signal without stopping after slowing + to a reasonable speed and yielding the right-of-way, if + required, to oncoming traffic that constitutes an immediate + hazard, or + 5. Left-hand turn onto a one-way street at a steady red + traffic-control signal after stopping and yielding to oncoming + traffic that constitutes an immediate hazard. +4. Whenever authorized signs are erected indicating that no right turn, + left turn or U-turn is permitted, no person operating a bicycle + shall disobey the direction of any such sign except where such + person dismounts from the bicycle to make such turn, in which event + such person shall then obey the regulations applicable to + pedestrians.\ + +\ + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +Amended by Ord. +[988(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_988.21.pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/4/2021\ +* +::: + +
+ +::: phx-name +[Sec 15-1604 Manner Of Riding +Bicycle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1604_Manner_Of_Riding_Bicycle){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A person propelling a bicycle shall not ride other than astride a + permanent and regular seat attached thereto. +2. No bicycle shall be used to carry more persons at one time than the + number for which it is designed and equipped. +3. A person shall ride a bicycle only in the manner in which it is + designed and equipped to carry the person. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1203. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1605 Riding On Roads And Bicycle +Paths](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1605_Riding_On_Roads_And_Bicycle_Paths){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every person operating a bicycle or motorized scooter upon a roadway + at less than the normal speed of traffic at the time and place and + under the conditions then existing shall ride as close as is safe to + the right-hand curb or edge of the roadway, except under any of the + following situations: + 1. When overtaking and passing another vehicle proceeding in the + same direction; + 2. When preparing for a left turn at an intersection or into a + private road or driveway; + 3. When reasonably necessary to avoid conditions and while + exercising due care, including, but not limited to: + 1. Fixed or moving objects; + 2. Parked or moving vehicles; + 3. Pedestrians or animals; + 4. Surface hazards; or + 5. Any time it is unsafe to continue along the right-hand curb + or edge of the roadway; and + 4. When riding in the right-turn-only lane. +2. Any person riding a bicycle or motorized scooter upon a one-way + street or highway with two or more marked lanes of travel may ride + as close as is safe to the left-hand curb or edge of the street or + highway. +3. No person operating a bicycle or motorized scooter shall pass other + vehicles between lanes of traffic traveling in the same direction. +4. Persons riding bicycles or motorized scooters upon a roadway shall + not ride more than two abreast except on paths or parts of roadways + set aside for the exclusive use of bicycles or motorized scooters. + Persons riding two abreast shall not impede the normal and + reasonable flow of traffic and, on a laned roadway, shall ride + within a single lane. +5. Wherever a usable path for bicycles has been provided adjacent to a + roadway, bicycle riders shall use such path and shall not use the + roadway. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1205. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1606 Speed +Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1606_Speed_Restrictions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall operate a bicycle at a speed greater than is reasonable +and prudent under the conditions then existing. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1607 Carrying +Articles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1607_Carrying_Articles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person operating a bicycle shall carry any package, bundle or article +which prevents the rider from keeping at least one hand upon the +handlebars. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1608 +Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1608_Parking){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall park a bicycle upon a street other than upon the roadway +against the curb or upon the sidewalk in a rack to support the bicycle +or against a building or at the curb, in such manner as to afford the +least obstruction to pedestrian traffic. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1609 Riding On Sidewalk +Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1609_Riding_On_Sidewalk_Prohibited){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall ride a bicycle upon a sidewalk in the business + district. +2. Whenever a person is riding a bicycle upon a sidewalk, such person + shall yield the right-of-way to any pedestrian and shall give + audible signal before overtaking and passing the pedestrian. +3. The city manager may erect signs on any sidewalk or roadway + prohibiting the riding of bicycles thereon. When such signs are in + place, no person shall disobey them. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1610 Lights And +Brakes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1610_Lights_And_Brakes){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every bicycle in use at the times described in 47 O.S. § 12-201(B) + shall be equipped with a lamp on the front emitting a white light + visible from a distance of at least 1,000 feet to the front. This + subsection shall not apply to a street or highway with a speed limit + of 25 miles per hour or less. +2. Every bicycle in use at the times described in 47 O.S. § 12-201(B) + shall be equipped with a lamp on the rear emitting a red light + visible from a distance of at least 1,000 feet to the rear. This + subsection shall not apply to a street or highway with a speed limit + of 25 miles per hour or less. +3. Every bicycle shall be equipped with a red reflector which shall be + visible for 600 feet to the rear when directly in front of lawful + lower beams of headlamps on a motor vehicle. +4. Every bicycle when in use at the times described in 47 O.S. § + 12-201(B) shall be equipped with reflective material of sufficient + size and reflectivity to be visible from both sides for 600 feet + when directly in front of lawful lower beams of headlamps on a motor + vehicle. +5. A bicycle or its rider may be equipped with lights or reflectors in + addition to those required by the foregoing sections, provided such + lights or reflectors shall comply with the provisions and + limitations of 47 O.S. ch. 12, art. II (47 O.S. § 12-201 et seq.). +6. Every bicycle shall be equipped with a brakes which will enable its + driver to stop the bicycle within 25 feet from a speed of ten miles + per hour on dry, level, clean pavement. +7. A bicycle shall not be equipped with, nor shall any person use upon + a bicycle, any siren. + +**State Law reference**--- Similar provisions, 47 O.S. §§ +12-702---12-709. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1611 Rider Not To Cling To Other +Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1611_Rider_Not_To_Cling_To_Other_Vehicle){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person riding upon any bicycle shall attach the same or himself to +any vehicle upon a roadway. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-1204. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1612 Emerging From Alley, Driveway Or +Building](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1612_Emerging_From_Alley,_Driveway_Or_Building){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The operator of a bicycle emerging from an alley, driveway or building +shall, upon approaching a sidewalk or the sidewalk area extending across +any alleyway, yield the right-of-way to all pedestrians approaching on +the sidewalk or sidewalk area, and upon entering the roadway shall yield +the right-of-way to all vehicles approaching on the roadway. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1613 Dealers To +Report](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1613_Dealers_To_Report){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person engaged in the business of buying or selling new or used +bicycles shall make a report to the police department of every bicycle +purchased or sold by such dealer, giving the name and address of the +person from whom purchased or to whom sold, the name or make, the frame +number thereof and the number of the license plate thereon, if any. +Dealers buying a bicycle shall not be required to secure a license +therefor, but may leave any existing license plate, if any, thereon +until the bicycle is sold. A person purchasing a bicycle from a dealer +for use shall secure a license as provided in this chapter. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1614 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1614_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person convicted of a violation of any provision of this chapter +shall be punished as provided in section 1-108. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-17 +PEDESTRIANS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-17_PEDESTRIANS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-1701 Subject To Traffic-Control +Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1701_Subject_To_Traffic-Control_Signals){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1702 Rights And Duties Of Persons Operating Wheelchair Or +Motorized +Wheelchair](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1702_Rights_And_Duties_Of_Persons_Operating_Wheelchair_Or_Motorized_Wheelchair){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1703 Right-Of-Way At +Crosswalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1703_Right-Of-Way_At_Crosswalks){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1704 Pedestrians To Use Right Half Of +Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1704_Pedestrians_To_Use_Right_Half_Of_Crosswalk){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1705 Crossing At Right +Angles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1705_Crossing_At_Right_Angles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1706 When Pedestrians Shall +Yield](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1706_When_Pedestrians_Shall_Yield){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1707 Prohibited +Crossing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1707_Prohibited_Crossing){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1708 Obedience To Railroad +Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1708_Obedience_To_Railroad_Signals){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1709 Walking Along +Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1709_Walking_Along_Roadway){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1710 Hitchhiking; Soliciting +Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1710_Hitchhiking;_Soliciting_Business){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1711 Drivers To Exercise +Care](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1711_Drivers_To_Exercise_Care){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1712 Use Of White Cane; Special Provisions For Blind +Pedestrians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1712_Use_Of_White_Cane;_Special_Provisions_For_Blind_Pedestrians){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-1701 Subject To Traffic-Control +Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1701_Subject_To_Traffic-Control_Signals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Pedestrians shall be subject to traffic-control signals as declared in +this part. At all other places, pedestrians shall be granted those +rights and be subject to the restrictions stated in this chapter. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-501. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1702 Rights And Duties Of Persons Operating Wheelchair Or +Motorized +Wheelchair](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1702_Rights_And_Duties_Of_Persons_Operating_Wheelchair_Or_Motorized_Wheelchair){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person operating a wheelchair or a motorized wheelchair shall have +all of the rights and all of the duties applicable to a pedestrian +contained in this chapter except those provisions which by their nature +can have no application. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-501.1. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1703 Right-Of-Way At +Crosswalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1703_Right-Of-Way_At_Crosswalks){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. When traffic-control signals are not in place or not in operation, + the driver of a vehicle shall yield the right-of-way, slowing down + or stopping if need be to so yield, to a pedestrian crossing the + roadway within a crosswalk when the pedestrian is upon the half of + the roadway upon which the vehicle is traveling, or when the + pedestrian is approaching so closely from the opposite half of the + roadway as to be in danger. +2. No pedestrian shall suddenly leave a curb or other place of safety + and walk or run into the path of a vehicle which is so close that it + is impossible for the driver to yield. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-502. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1704 Pedestrians To Use Right Half Of +Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1704_Pedestrians_To_Use_Right_Half_Of_Crosswalk){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Pedestrians shall move, whenever practicable, upon the right half of +crosswalks. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-505. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1705 Crossing At Right +Angles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1705_Crossing_At_Right_Angles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No pedestrian shall cross a roadway at any place other than by route at +right angles to the curb or by the shortest route to the opposite curb +except in a crosswalk. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1706 When Pedestrians Shall +Yield](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1706_When_Pedestrians_Shall_Yield){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Every pedestrian crossing a roadway at any point other than within a + marked crosswalk or within an intersection shall yield the + right-of-way to all vehicles upon the roadway. +2. Any pedestrian crossing a roadway at a point where a pedestrian + tunnel or overhead pedestrian crossing has been provided shall yield + the right-of-way to all vehicles upon the roadway. +3. This section shall not apply under the conditions stated in section + 15-1707 when pedestrians are prohibited from crossing at certain + designated places. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-503. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1707 Prohibited +Crossing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1707_Prohibited_Crossing){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Between adjacent intersections at which traffic-control signals are in +operation, pedestrians shall not cross at any place except in a +crosswalk. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1708 Obedience To Railroad +Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1708_Obedience_To_Railroad_Signals){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No pedestrian shall pass through, around, over or under any crossing +gate or barrier at a railroad grade crossing while such gate or barrier +is closed or is being opened or closed. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1709 Walking Along +Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1709_Walking_Along_Roadway){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Where sidewalks are provided, no pedestrian shall walk along and + upon an adjacent roadway. +2. Where sidewalks are not provided, any pedestrian walking along and + upon a highway shall, when practicable, walk only on the left side + of the roadway or its shoulder facing traffic which may approach + from the opposite direction and shall yield to approaching vehicles. +3. It shall be unlawful for any person to enter upon any portion of a + bridge for the purpose of diving or jumping therefrom into a lake, + river or stream for recreation, and it shall be unlawful for a + pedestrian to use a bridge where sidewalks are not provided for the + purpose of standing or sightseeing. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-506. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1710 Hitchhiking; Soliciting +Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1710_Hitchhiking;_Soliciting_Business){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall stand in a roadway for the purpose of soliciting a + ride, donation, employment or business from the occupant of any + vehicle. +2. No person shall stand on or in proximity to a street or highway for + the purpose of soliciting the watching or guarding of any vehicle + while parked or about to be parked on a street or highway. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-507. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1711 Drivers To Exercise +Care](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1711_Drivers_To_Exercise_Care){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Notwithstanding the provisions of this chapter, every driver of a +vehicle shall exercise due care to avoid colliding with any pedestrian +upon any roadway, shall give warning by sounding the horn when necessary +and shall exercise proper precaution upon observing any child or any +confused or incapacitated person upon a roadway. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-504. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1712 Use Of White Cane; Special Provisions For Blind +Pedestrians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1712_Use_Of_White_Cane;_Special_Provisions_For_Blind_Pedestrians){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is unlawful for any person not wholly or partially blind to carry + or use upon the streets, highways or public places of the city any + cane or walking stick which is white in color or red tipped. +2. Any driver of a vehicle who knowingly approaches within 15 feet of a + person who is in the roadway or at an intersection and who is wholly + or partially blind and who is carrying a cane or walking stick white + in color, or white tipped with red, or who is using a dog guide + wearing a specialized harness, or who is wholly or partially deaf + and is using a signal dog wearing an orange identifying collar, or + who is physically handicapped and is using a service dog, shall + immediately come to a full stop and take such precautions before + proceeding as may be necessary to avoid accident or injury to the + person wholly or partially blind, deaf or physically handicapped. + For purposes of this subsection, a dog guide means any dog that is + specially trained to guide a blind person. + +**State Law reference**--- Similar provisions, 7 O.S. §§ 11, 12. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-18 +ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-18_ENFORCEMENT){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-1801 Authority Of Police And Fire +Officials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1801_Authority_Of_Police_And_Fire_Officials){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1802 Authority To Direct +Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1802_Authority_To_Direct_Traffic){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1803 Emergency And Experimental +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1803_Emergency_And_Experimental_Regulations){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1804 Obedience To Police And Fire Officials +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1804_Obedience_To_Police_And_Fire_Officials_Required){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1805 Applicability To Public +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1805_Applicability_To_Public_Employees){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1806 Authorized Emergency +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1806_Authorized_Emergency_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1807 Persons Working On Streets +Exempted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1807_Persons_Working_On_Streets_Exempted){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1808 Closing Streets For Repairs, Barricades Required; Use Of +Street +Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1808_Closing_Streets_For_Repairs,_Barricades_Required;_Use_Of_Street_Restricted){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1809 Riding Animals And Animal-Drawn +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1809_Riding_Animals_And_Animal-Drawn_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1810 Notification Of Runs By Emergency +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1810_Notification_Of_Runs_By_Emergency_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-1801 Authority Of Police And Fire +Officials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1801_Authority_Of_Police_And_Fire_Officials){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. It is the duty of all police officers of the police department to + enforce the street traffic regulations of the city and the state, to + make arrests for the traffic violations, and to investigate + accidents. +2. Officers of the police department or such officers as are assigned + by the chief of police are authorized to direct all traffic by + voice, hand, mechanical signals or signs in conformance with the + provisions of this chapter. In the event of a fire or other + emergency as herein defined, or other unusual traffic conditions, to + expedite traffic or safeguard pedestrians, officers of the police + department or fire department may direct and take control of traffic + as conditions may require, and as near as practicable, follow the + general provisions of this chapter. +3. Officers of the fire department, when at the scene of a fire or + other emergency, may direct or assist the police in directing + traffic thereat or in the immediate vicinity. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1802 Authority To Direct +Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1802_Authority_To_Direct_Traffic){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All traffic in the city shall be controlled by ordinances of the city +and the laws of the state relating thereto. No person shall direct or +attempt to direct traffic except police officers and other officers +authorized by the city. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1803 Emergency And Experimental +Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1803_Emergency_And_Experimental_Regulations){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The city manager is empowered to make effective the provisions of + the traffic ordinances of the city and to make temporary or + experimental regulations to cover emergencies or special conditions. + No such temporary or experimental regulation shall remain in effect + for more than 90 days. +2. The city may have traffic-control devices tested under actual + conditions of traffic. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1804 Obedience To Police And Fire Officials +Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1804_Obedience_To_Police_And_Fire_Officials_Required){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +No person shall willfully fail or refuse to comply with any lawful order +or direction of a police officer or fire department official. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-103. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1805 Applicability To Public +Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1805_Applicability_To_Public_Employees){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. This chapter shall apply to the driver of any vehicle owned by or + used in the service of the United States government, any state, + county, city or other governmental unit or agency, as well as to + other vehicles. No such driver shall violate any of the provisions + of this chapter, except as otherwise permitted in this chapter or by + state statute. +2. This chapter shall not apply to the military forces organizations of + the United States and of the National Guard when performing any + military duty. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1806 Authorized Emergency +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1806_Authorized_Emergency_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The driver of an authorized emergency vehicle, when responding to an + emergency call or when in the pursuit of an actual or suspected + violator of the law or when responding to but not upon returning + from a fire alarm, may exercise the privilege set forth in this + section, but subject to the conditions herein stated. +2. The driver of an authorized emergency vehicle may: + 1. Park, or stand, irrespective of the provisions of this part; + 2. Proceed past a red or stop signal or stop sign, but only after + slowing down as may be necessary for safe operation; + 3. Exceed the maximum speed limits so long as speeding does not + endanger life or property; + 4. Disregard regulations governing direction of movement; and + 5. Disregard regulations governing turning in specified directions. +3. The exemptions herein granted to the driver of an authorized + emergency vehicle shall apply only when the driver is properly and + lawfully making use of an audible signal or of flashing red or blue + lights or a combination of flashing red and blue lights meeting the + requirements of 47 O.S. § 12-218, except that an authorized + emergency vehicle operated as a police vehicle need not be equipped + with or display a red or blue light visible from in front of the + vehicle. This subsection shall not be construed as requiring a peace + officer operating a police vehicle properly and lawfully in response + to a crime in progress to use audible signals. +4. The exemptions in subsection (B)(3) and (5) of this section shall be + granted to a law enforcement officer operating an authorized + emergency vehicle for law enforcement purposes without using audible + and visual signals required by this section as long as the action + does not endanger life or property if the officer is following a + suspected violator of the law with probable cause to believe that: + 1. Knowledge of the presence of the officer will cause the suspect + to: + 1. Destroy or lose evidence of a suspected felony; + 2. End a suspected continuing felony before the officer has + obtained sufficient evidence to establish grounds for + arrest; or + 3. Evade apprehension or identification of the suspect or the + vehicle of the suspect; or + 2. Because of traffic conditions, vehicles moving in response to + the audible or visual signals may increase the potential for a + collision. + + The exceptions granted in this subsection shall not apply to an + officer who is in actual pursuit of a person who is eluding or + attempting to elude the officer in violation of 21 O.S. § 540A. +5. The provisions of this section shall not relieve the driver of an + authorized emergency vehicle from the duty to drive with due regard + for the safety of all persons, nor shall such provisions protect the + driver from the consequences of reckless disregard for the safety of + others. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-106. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1807 Persons Working On Streets +Exempted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1807_Persons_Working_On_Streets_Exempted){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Unless specifically made applicable, the provisions of this chapter +shall not apply to persons, teams, motor vehicles and other equipment +while actually engaged in work upon the surface of a street, or to +persons, motor vehicles and other equipment while actually engaged in +construction, maintenance or repair of public utilities. All highway and +public utility operations shall be protected by adequate warning signs, +signals, devices or flagmen. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-105. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1808 Closing Streets For Repairs, Barricades Required; Use Of +Street +Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1808_Closing_Streets_For_Repairs,_Barricades_Required;_Use_Of_Street_Restricted){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. City personnel or contractors, while repairing or improving or + repairing lines or other utility facilities in the streets, are + authorized, as necessary, subject to control of the chief of the + traffic division, to close any street or section thereof to traffic + during such repair, maintenance or construction. In exercising such + authority, such person shall erect or cause to be erected proper + control devices and barricades to warn and notify the public that + the street has been closed to traffic. +2. When any street has been closed to traffic under the provisions of + subsection (A) of this section, and traffic-control devices or + barricades have been erected, no person shall drive any vehicle + through, under, over or around such traffic-control devices or + barricades, or otherwise enter the closed area. This subsection + shall not apply to persons while engaged in such construction, + maintenance and repair or to persons entering therein for the + protection of lives or property. Persons having their places of + residence or places of business within the closed area may travel, + when possible to do so, through the area at their own risk. +3. Whenever construction, repair or maintenance of any street or + utility line or facility is being performed under traffic, the city + personnel, contractor, or utility company concerned shall erect or + cause to be erected traffic-control devices to warn and guide the + public. Every person using such street shall obey all signs, + signals, markings flagmen or other traffic-control devices which are + placed to regulate, control and guide traffic through the + construction or maintenance area. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1809 Riding Animals And Animal-Drawn +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1809_Riding_Animals_And_Animal-Drawn_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Every person propelling any pushcart or riding an animal upon a roadway, +and every person driving any animal-drawn vehicle shall be subject to +the provisions of this chapter applicable to the driver of any vehicle, +except those provisions of this chapter which by their very nature can +have no application. + +**State Law reference**--- Similar provisions, 47 O.S. § 11-104. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-1810 Notification Of Runs By Emergency +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1810_Notification_Of_Runs_By_Emergency_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to drive on the streets of the city any +emergency vehicle, including, but not limited to, police patrol cars, +fire trucks, ambulances, sheriff\'s cars, highway patrol cars and police +motorcycles, while sounding a siren, horn, bell or other noise-making +device designed to forewarn the populace of the approach of such +vehicle, without first advising the police department by contacting the +police dispatcher on duty of the intention to make the emergency run and +giving the name of the person making the run, the destination, the route +which is intended to be traveled and the nature of the emergency. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-19 IMPOUNDMENT OF +VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-19_IMPOUNDMENT_OF_VEHICLES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-1901 Authority To Impound Vehicles; Release Of +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1901_Authority_To_Impound_Vehicles;_Release_Of_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-1902 Abandoning +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1902_Abandoning_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-1901 Authority To Impound Vehicles; Release Of +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1901_Authority_To_Impound_Vehicles;_Release_Of_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Members of the police department are authorized to remove a vehicle + from a street to a garage or other place of safety under any of the + following circumstances: + 1. When an officer arrests any person driving or in control of a + vehicle for an alleged offense and the officer is, by ordinance, + state statute or departmental policy, required or permitted to + take and does take the person arrested either before a duly + appointed judge or to a place of incarceration; + 2. When such a vehicle is left unattended upon any bridge, viaduct, + causeway, tube or tunnel, highway or any public thoroughfare or + street, and it constitutes a hazard or obstruction to traffic; + 3. When a vehicle is left unattended or disabled as to constitute + an obstruction to traffic and the person in charge of such + vehicle is, by reason of physical injury or otherwise, + incapacitated to such an extent as to be unable to provide for + its custody or removal; + 4. When any vehicle is left unattended upon a street and is so + parked illegally as to constitute a definite hazard or + obstruction to the normal movement of traffic; + 5. When any vehicle has been parked for more than one hour in + excess of the time allowed for parking in any place; + 6. When any vehicle which has been involved in two or more + violations of this part for which citation tags have been issued + and not presented as required, is parked in violation of any + provisions of this chapter; + 7. When any vehicle is found where a report or complaint has + previously been made alleging that the vehicle has been stolen; + 8. When the vehicle is parked in a marked handicapped parking space + and the vehicle displays no handicapped parking decal or tag + displayed as provided by law; + 9. When the vehicle is parked in any parking area marked by a sign + or otherwise as a \"Tow-Away\" zone; + 10. When at the request of a private property owner or the agent + thereof; + 11. When a vehicle is found to be in violation of the Oklahoma + Vehicle License and Registration Act, as set forth in 47 O.S. § + 1115.1. + 12. When the officer has probable cause to believe that the vehicle + is not insured as required by the Compulsory Insurance Law of + the state as documented by one of the following: + 1. An admission by the driver or other occupant of the vehicle; + or + 2. Confirmation through the Oklahoma Insurance Department\'s + online verification system for motor vehicle liability + policies indicating the vehicle is not insured; + 13. When the officer has probable cause that the person operating + the vehicle has not been granted driving privileges or that the + driving privileges of the person are currently suspended, + revoked, canceled, denied, or disqualified; + 14. When at the scene of an accident, the owner or driver is not in + a position to take charge of the vehicle and direct or request + its proper removal; + 15. When a red sticker has been affixed to a vehicle warning the + vehicle will be impounded after 48 hours if not removed. +2. A vehicle impounded under subsection (A) of this section shall be + released to the owner of the vehicle, or other person lawfully + entitled to take possession of the vehicle, or any other person + lawfully entitled to take possession of the vehicle, provided that + such return or delivery of same shall be made only after presenting + such proof of interest upon the following conditions when no longer + needed for investigation by the police department subject to the + following: + 1. If the person seeking the release has a valid title or the + vehicle is currently registered, which registration can be + verified by the state tax commission or any similar governmental + entity that records and verifies the ownership of vehicles for + any other state, and that the person has a valid driver\'s + license or a temporary one issued when that person surrenders + his license or other proper photo identification and valid + insurance as required by the Compulsory Insurance Law of the + state. + 2. If the person has a bill of sale from a local automobile dealer, + dated within 30 days of the date of impound, the person has a + valid driver\'s license or other proper photo identification and + valid insurance. + 3. If the person has a valid insurance verification form and the + vehicle identification number is on this card, and on the day of + the attempted release the state tax commission verifies that the + registered owner is the person seeking release of the vehicle, + and the person has a valid driver\'s license or other proper + photo identification and valid insurance. + 4. If the registered owner is unable to be present, but sends the + title or registration, a notarized statement describing the + vehicle and giving the police department the owner\'s permission + to release the vehicle to the person presenting the title or + registration and letter and that person has proper photo + identification and a copy of valid insurance for the vehicle. + For out of state owners, their local police department may + electronically notify the city police department for + verification of ownership. The police department shall keep on + file the original letter or notification. + 5. The person attempting to obtain the release must sign a hold + harmless agreement releasing the city and wrecker service from + any and all liability in releasing said vehicle. The police + department shall provide the forms. +3. Whenever any vehicle has been impounded in the manner provided for + by this section, the registered or legal owner of the vehicle may + contest the validity of the removal or storage by filing a written + request for a hearing with the police department. Such written + request must be filed before the vehicle is retrieved from storage; + provided, however, the city shall not be required to provide a + hearing if the request is received more than ten days following + actual or constructive notice to the owner or driver of the vehicle + that said vehicle has been so removed or stored. Failure of either + the registered or legal owner to timely request or to timely appear + upon a scheduled hearing shall satisfy the hearing requirement of + this section. + +(Ord. No. 211(97), 10-20-1997; Ord. No. 684(10), 11-15-2010) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +Amended by Ord. +[905(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347191_Ordinance%20No.%20905%20(19).pdf){.k-link +target="_blank" style="color:#0000EE"} on 4/15/2019\ +* +::: + +
+ +::: phx-name +[Sec 15-1902 Abandoning +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1902_Abandoning_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall abandon a motor vehicle on a street, highway or + other public property. Any member of the state highway patrol or any + qualified sheriff, deputy sheriff or any member of the police + department shall deem a vehicle abandoned and shall have the + authority to remove or direct the removal of the vehicle when found + upon a portion of the street, highway, shoulder or right-of-way, if + after a period of 48 hours there is no evidence of an apparent owner + who intends to remove the vehicle. +2. If such officer has reasonable cause to believe a vehicle has been + abandoned in a location which would be hazardous to the free flow of + traffic or be highly susceptible to damage from vandalism or other + harm, he shall have the authority to remove or direct the removal of + the vehicle immediately. +3. Any officer or agent who has removed or directed the removal of an + abandoned vehicle must promptly request the state tax commission or + other appropriate motor license agent to furnish the name and + address of the owner of and any lienholder on the vehicle and must + within 20 days from receipt of the requested information send a + notice to the owner and any lienholder by regular mail, postage + prepaid, at the addresses furnished by the tax commission or motor + license agent, of the vehicle\'s location. This subsection shall not + be construed to create any civil liability upon such officer, any + agency, department or political subdivision of the city or employee + thereof for failure to provide such notice to the owner or + lienholder. +4. The owner of a motor vehicle abandoned in violation of this Code or + the owner of any vehicle which shall have been lawfully removed from + any highway or other public property, or any lienholder on such + vehicle, may regain possession of the vehicle in accordance with + regulations of the city upon payment of the reasonable cost of + removal and storage of such vehicles. +5. A lienholder as used in this section means those lienholders as + shown on the vehicle title. + +**State Law reference**--- Abandonment of vehicles, 47 O.S. § 901 et +seq. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[CHAPTER 15-20 PENALTIES AND ARREST +PROCEDURE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-20_PENALTIES_AND_ARREST_PROCEDURE){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 15-2001 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2001_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-2002 Citation Tags On Parked +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2002_Citation_Tags_On_Parked_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 15-2003 Presumption In Reference To Illegal +Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2003_Presumption_In_Reference_To_Illegal_Parking){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 15-2001 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2001_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No person shall do any act forbidden or fail to perform any act + required in this part. +2. No parent of a child or the guardian of a ward shall authorize any + child or ward to violate any provisions of this part. +3. No person shall authorize or knowingly permit any vehicle registered + in his name to be driven, or to stand, or to be parked in violation + of any provisions of this part. +4. Any person who violates any provision of this part, or performs any + unlawful act as defined in this part, or fails to perform any act + required in this part is guilty of an offense and, upon conviction + thereof, shall be punished as provided in section 1-108. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-2002 Citation Tags On Parked +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2002_Citation_Tags_On_Parked_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In cases where vehicles without drivers are parked or stopped in +violation of this part, police officers and other persons appointed by +the chief of police shall affix citation tags to the vehicles. A +violator of any provision of this part who has been given a citation tag +and fails to appear in accordance with the instructions of such tag +shall be subject to a separate offense as provided in section 1-108. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: phx-name +[Sec 15-2003 Presumption In Reference To Illegal +Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2003_Presumption_In_Reference_To_Illegal_Parking){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. In any prosecution charging a violation of any law or regulation + governing the standing or parking of a vehicle, proof that the + particular vehicle described in the complaint was standing or parked + in violation of any such law or regulation, together with proof that + the defendant named in the complaint was at the time of such + standing or parking the registered owner of such vehicle, shall + constitute in evidence a prima facie presumption that the registered + owner of such vehicle was the person who parked or placed such + vehicle at the point where, and for the time during which, such + violation occurred. +2. The foregoing stated presumption shall apply only when the procedure + as described in this chapter has been followed. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 12/19/2016\ +* +::: + +
+ +::: {.phx-name .phx-break} +[PART 16 +TRANSPORTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_16_TRANSPORTATION){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 16-1 +RAILROADS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_16-1_RAILROADS){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[CHAPTER 16-1 +RAILROADS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_16-1_RAILROADS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 16-101 Obstructing Passage Of +Trains](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-101_Obstructing_Passage_Of_Trains){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 16-102 Climbing On +Trains](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-102_Climbing_On_Trains){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 16-101 Obstructing Passage Of +Trains](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-101_Obstructing_Passage_Of_Trains){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person who willfully or maliciously places any obstruction or any +other thing on the track of any railroad within the limits of the city, +or who tears up, removes, burns or destroys any part of such railroad, +or the works thereof, with intent to obstruct the passage of any engine +or car thereon, or to throw them off the track, is guilty of an offense, +punishable as provided in this Code. + +(Code 1999, § 16-102) + +
+ +::: phx-name +[Sec 16-102 Climbing On +Trains](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-102_Climbing_On_Trains){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +It is unlawful for any person to climb upon, hold to, or in any manner +attach himself to, any railway train, locomotive or railway car while +such is in motion within the city, unless such person is acting in the +line of duty. It is unlawful for any person to board any train or +railroad car except with a proper ticket or the permission of the person +in charge of the train or car or in the line of duty. + +(Prior Code, § 19-3; Code 1999, § 19-105) + +
+ +::: {.phx-name .phx-break} +[PART 17 +UTILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_17_UTILITIES){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[CHAPTER 17-1 LEASE OF +SYSTEMS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-1_LEASE_OF_SYSTEMS){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 17-2 GARBAGE AND REFUSE +COLLECTION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-2_GARBAGE_AND_REFUSE_COLLECTION){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 17-3 CUSTOMER ASSISTANCE PROGRAM IN RESPONSE TO SANITARY SEWER +BACKUP](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-3_CUSTOMER_ASSISTANCE_PROGRAM_IN_RESPONSE_TO_SANITARY_SEWER_BACKUP){.k-link +target="_blank" style="color:#0000EE"}\ +[CHAPTER 17-4 SEWER, SEWAGE DISPOSAL AND INDUSTRIAL WASTE +PRETREATMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-4_SEWER,_SEWAGE_DISPOSAL_AND_INDUSTRIAL_WASTE_PRETREATMENT){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[CHAPTER 17-1 LEASE OF +SYSTEMS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-1_LEASE_OF_SYSTEMS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 17-101 Lease Of Utilities To +Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-101_Lease_Of_Utilities_To_Authority){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 17-102 Authority Rules Adopted By Reference, +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-102_Authority_Rules_Adopted_By_Reference,_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 17-101 Lease Of Utilities To +Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-101_Lease_Of_Utilities_To_Authority){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city hereby consents and agrees to the lease of the city\'s water, +sanitary sewerage and refuse systems and facilities and all future +additions thereto to the city public works authority as authorized by +statute, to be effective at the time and upon the terms and conditions +specified in a certain \"lease\" prepared under the direction of the +city council and filed in the office of the city clerk. The mayor of the +city hereby is authorized and directed, on behalf of the city, to +execute and deliver the lease of the city public works authority. + +(Code 1999, § 17-101) + +
+ +::: phx-name +[Sec 17-102 Authority Rules Adopted By Reference, +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-102_Authority_Rules_Adopted_By_Reference,_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Rules and regulations adopted by the city Public Works Authority are +hereby adopted and incorporated herein by reference, applicable as if +set out in full herein. Any violation of the rules and regulations of +the authority shall be punishable as provided in section 1-108. + +(Code 1999, § 17-102) + +
+ +::: phx-name +[CHAPTER 17-2 GARBAGE AND REFUSE +COLLECTION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-2_GARBAGE_AND_REFUSE_COLLECTION){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[Sec 17-201 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-201_Definitions){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 17-202 +Receptacles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-202_Receptacles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 17-203 City To Furnish +Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-203_City_To_Furnish_Service){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 17-204 Refuse +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-204_Refuse_Vehicles){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 17-205 Refuse Not To +Accumulate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-205_Refuse_Not_To_Accumulate){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 17-206 +Dumping](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-206_Dumping){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 17-207 Contracting With Private +Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-207_Contracting_With_Private_Services){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 17-208 Certain Buildings To Use +Dumpsters](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-208_Certain_Buildings_To_Use_Dumpsters){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 17-209 Collection Rates And Charges For Sanitation +Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-209_Collection_Rates_And_Charges_For_Sanitation_Service){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 17-210 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-210_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ + +\ +**State Law reference**--- Solid Waste Management Act, 27A O.S. § +2-10-101 et seq.; littering, 21 O.S. § 1753.3 et seq.\ + +
+ +::: phx-name +[Sec 17-201 +Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-201_Definitions){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following words, terms and phrases, when used in this chapter, shall +have the meanings ascribed to them in this section, except where the +context clearly indicates a different meaning: + +*Carry out service* means a special category of service by the city for +qualified persons who are physically unable to move the mobile +containers to the curbside. + +*Commercial* means any business, activity or use. + +*Curbside service* means pickup service provided by the city at the curb +or within the public street right-of-way. + +*Dumpster* means any commercial garbage container provided or approved +by the city, including, but not limited to, polycarts. + +*Garbage* means and includes all accumulations of animal and vegetable +matter, or both, which is refuse of kitchens, pantries, dining rooms, +markets and public places. The term "garbage" does not include +recyclables.\ + +*Mobile container* means any residential garbage container provided or +approved by the city, including, but not limited to, polycarts. + +*Recyclables* means waste or materials that can be processed and used +again. The term "Recyclables" includes but is not limited to paper, +plastics, glass bottles and jars, aluminum and steel cans, cardboard and +paperboard cartons.\ +\ + +*Refuse* and *rubbish* mean ashes, cinders, papers, brokenware, +discarded clothing and wears, tin cans and vessels and such other +articles as are generally termed to be the natural accumulation of +resident families. The terms \"refuse\" and \"rubbish\" do not include +dirtor recyclables. + +*Yard trash* means lawn clippings and leaves which must be in a trash +bag and placed in a polycart at curb side. + +(Code 1999, § 17-201; Ord. No. 529, 7-2-1990) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[941(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349228_941%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/4/2020\ +Amended by Ord. +[989(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_989(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/4/2021\ +* +::: + +
+ +::: phx-name +[Sec 17-202 +Receptacles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-202_Receptacles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Only one mobile container (polycart) shall be provided to each + household by the city. This mobile container shall be used as the + first means of disposing of garbage. Yard waste must be placed in a + polycart inside tightly-tied plastic bags. Total yard waste, refuse + and other garbage placed inside a polycart should not weigh more + than 200 pounds. No other containers, except those provided by the + city, shall be permitted. Additional mobile containers (polycarts) + may be obtained for the disposal of garbage at a cost pursuant to + the city fee schedule. +2. The containers provided for in subsection (A) of this section shall + be placed within three feet of the street curbside, except in the + case of carry out service where the container shall be placed within + 75 feet of the front curbline, not inside a garage or other + structure, and no gate granting access to the container shall be + locked. It shall be the responsibility of the resident to place the + container near the curb on the day designated for pickup by 7:00 + a.m. The resident shall remove the container from curbside on the + same day. +3. Carry out service shall be provided to residents who are physically + unable to place containers at curbside. Yard trash is not included + in this service. This service will be provided by the city employees + at no additional fee. The city will require that a form provided by + the city be completed requiring a doctor\'s certificate as proof of + a resident\'s inability to place the container at curbside. +4. Mobile containers that are damaged or destroyed through abuse, + neglect or improper usage by the resident shall be repaired or + replaced by the city at the expense of the resident or owner of the + residence. Mobile containers that are stolen or damaged through + normal and reasonable usage will be repaired by the city at the + city\'s expense. +5. Businesses collected on mobile container routes will be provided + with mobile containers. +6. Brush will be accepted for scheduled bulk pickup provided the + bundles of brush are no longer than two feet and no more than 12 + inches in diameter and placed at curbside as scheduled through + public works. +7. It is unlawful for any person to deposit for collection, on any + street, parking or any private property in the city, any garbage, + refuse or rubbish without placing it in enclosed containers meeting + the requirements of this section. + +(Code 1999, § 17-202; Ord. No. 529, 7-2-1990; Ord. No. 190(97), +6-16-1997; Ord. No. 203(97), 8-18-1997) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[941(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349228_941%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 5/4/2020\ +* +::: + +
+ +::: phx-name +[Sec 17-203 City To Furnish +Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-203_City_To_Furnish_Service){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city shall furnish garbage and trash hauling service to the city. No +other person may remove or cause to be removed garbage, refuse, rubbish +or waste from any refuse container or other receptacle used for the +deposit of same, or to transport, carry through or over the streets of +the city any such garbage, refuse, rubbish or waste, without proper +authorization as may be required by law. + +(Prior Code, §§ 11-4, 11-6; Code 1999, § 17-203) + +
+ +::: phx-name +[Sec 17-204 Refuse +Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-204_Refuse_Vehicles){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All vehicles used for collection, removal, transportation or hauling of +refuse, rubbish or garbage in the city shall be constructed in such a +manner as to prevent any portion of such matter from falling or blowing +from such vehicles and shall be kept in a clean and sanitary condition. + +(Prior Code, § 11-5, in part; Code 1999, § 17-204) + +
+ +::: phx-name +[Sec 17-205 Refuse Not To +Accumulate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-205_Refuse_Not_To_Accumulate){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All premises must be kept free and clear of all garbage, refuse, + rubbish and waste of all kinds, by the owner, occupant or person in + charge of such premises. No garbage, refuse, or waste shall be + allowed to accumulate thereon except for such small amounts as shall + accumulate between regular removals thereof. Any such conditions are + hereby declared to be an offense and a nuisance, and may be punished + and abated as such. +2. The city shall provide a service for the removal of large + accumulations of trash pursuant to the policy of the city and the + fee schedule for the city. + +(Prior Code, § 11-7; Code 1999, § 17-205; Ord. No. 344(02), 1-7-2002; +Ord. No. 654(09), 9-8-2009) + +
+ +::: phx-name +[Sec 17-206 +Dumping](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-206_Dumping){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In disposing of garbage, rubbish, refuse and waste, the same shall be +removed beyond the limits of the city to some suitable place for +dumping. It is unlawful to dump refuse, rubbish, garbage or waste at any +place in the city unless specifically authorized by law or ordinance. + +(Prior Code, § 11-8, in part; Code 1999, § 17-206) + +
+ +::: phx-name +[Sec 17-207 Contracting With Private +Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-207_Contracting_With_Private_Services){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Customers or proposed customers contracting with the city for trash or +garbage hauling service shall be permitted to contract with private +garbage hauling services for industrial, commercial and other +nonresidential refuse only upon the approval of the city manager, and +upon recommendation of the public works department. Approval may be +granted only if the city is not able to serve the garbage, trash or +other refuse hauling service required by such customers or proposed +customers. + +Private trash, garbage or refuse hauling service contracting for such +service in the city shall furnish to the city clerk a certificate of +insurance and shall keep the same in full force and effect at all times +while contracting with any customer in the city. The insurance shall +show such contractor as having public liability insurance in the sum as +set by the city per occurrence in worker\'s compensation coverage and +automobile liability on the motor vehicle used in hauling such refuse in +the sum as set by the city per occurrence.  + +Customers or proposed customers may contract with private services for +the purpose of picking up and removing recyclables. The private service +shall supply suitable containers for the containment of the recyclables +and the service shall be at-home or front door service and not for +curbside pickup. + +[]{.cursor-fix} + +1. Any private recycling pick up and hauling service shall furnish to + the city clerk a certificate of insurance and shall keep the same in + full force and effect at all times while contracting with any + customer in the city. The insurance shall show such contractor as + having public liability insurance in the sum as set by the city per + occurrence in worker\'s compensation coverage and automobile + liability on the motor vehicle used in hauling such recyclables in + the sum as set by the city per occurrence.  +2. All vehicles used for collection, removal, transportation or hauling + of recyclables in the city shall be constructed in such a manner as + to prevent any portion of such matter from falling or blowing from + such vehicles and shall be kept in a clean and sanitary condition\ + \ + +(Code 1999, § 17-207; Ord. No. 529, 7-2-1990) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[989(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_989(21).pdf){.k-link +target="_blank" style="color:#0000EE"} on 10/4/2021\ +* +::: + +
+ +::: phx-name +[Sec 17-208 Certain Buildings To Use +Dumpsters](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-208_Certain_Buildings_To_Use_Dumpsters){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +All buildings or structures having three or more commercial, business, +industrial, residential dwellings or any combination thereof and which +have garbage collection contracts with the city shall be required to use +garbage dumpsters furnished by the city or any dumpster approved by the +city in which all garbage, refuse, rubbish or waste shall be placed to +be removed. + +(Prior Code, § 11-10; Code 1999, § 17-208) + +
+ +::: phx-name +[Sec 17-209 Collection Rates And Charges For Sanitation +Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-209_Collection_Rates_And_Charges_For_Sanitation_Service){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +For one designated container provided for recyclable materials curbside +recycling shall be provided bi-weekly for all residential customers at +an additional cost per month as established by resolution. + +(Code 1999, § 17-209; Ord. No. 529, 7-2-1990) + +::: phx-docs +HISTORY\ +*Amended by Ord. +[828(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328289_Ordinance%20No.%20828%20(16).pdf){.k-link +target="_blank" style="color:#0000EE"} on 8/1/2016\ +* +::: + +
+ +::: phx-name +[Sec 17-210 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-210_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Any person violating these regulations shall, upon conviction in +municipal court, be punished as provided in section 1-108, in addition +to any other actions and remedies available. + +(Code 1999, § 17-210) + +
+ +::: phx-name +[CHAPTER 17-3 CUSTOMER ASSISTANCE PROGRAM IN RESPONSE TO SANITARY SEWER +BACKUP](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-3_CUSTOMER_ASSISTANCE_PROGRAM_IN_RESPONSE_TO_SANITARY_SEWER_BACKUP){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 17-301 +Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-301_Purpose){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 17-302 Scope Of +Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-302_Scope_Of_Work){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 17-303 Exclusions And Items Outside Scope Of +Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-303_Exclusions_And_Items_Outside_Scope_Of_Work){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 17-304 +Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-304_Administration){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 17-301 +Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-301_Purpose){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This chapter is enacted to provide a means of relief in order to ease +the impact of a sanitary sewer backup in a customer\'s yard or residence +by disinfecting the affected area whether the area is inside or outside +the structure. The customer assistance program services will be offered +to customers when the backup is initially identified as the result of a +stoppage in the city\'s main. The services to be provided are limited to +only those set forth in this chapter and any claim for the payment of +damages from a sanitary sewer backup must be handled by filing a tort +claim with the city clerk.\ + +
+ +::: phx-name +[Sec 17-302 Scope Of +Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-302_Scope_Of_Work){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The customer assistance program is authorized to perform only the +following work as directed by the risk manager, loss control officer, or +designee: + +1. Spillage in yards: Removal of any solids and application of + disinfectant. +2. Spillage in structures: + 1. Vacuuming or removing spillage and waste material. + 2. Mopping affected bare floors and cleaning of baseboards, bare + walls and plumbing fixtures. + 3. Removal of small items which the customer authorizes for + disposal including small areas of carpet and pad. + 4. Moving of furniture as required for the sole purpose of + performing the above work and within the capabilities of the + crew. + +
+ +::: phx-name +[Sec 17-303 Exclusions And Items Outside Scope Of +Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-303_Exclusions_And_Items_Outside_Scope_Of_Work){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following items are excluded under this chapter: + +1. The customer assistance program will not be offered if the risk + management or community development department has previously + recommended to the current owner that a back-flow prevention device + be installed at the residence. +2. The customer assistance program will not be offered to businesses, + churches or commercial property. +3. The customer assistance program does not cover the cleaning of + towels, rugs, clothing, curtains, or other similar items. +4. The cleaning of heating and ventilation ducts fall outside the scope + of the program as well as the removing or repairing of damaged + drywall, wallboard, or other wall coverings. + +::: phx-docs +HISTORY\ +*Adopted by Ord. +[930(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349082_930%20(20).pdf){.k-link +target="_blank" style="color:#0000EE"} on 1/6/2020\ +* +::: + +
+ +::: phx-name +[Sec 17-304 +Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-304_Administration){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city risk management board will serve as administrator of claims +pursuant to this chapter. Claims shall be made pursuant to the +provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.). +Claims are to be presented within one year of the date the loss occurs. +A claim shall be forever barred unless notice thereof is presented +within one year after the loss occurs. + +(Code 1999, § 17-304; Ord. No. 137(95), 12-4-1995; Ord. No. 162(96), +7-1-1996) + +
+ +::: phx-name +[CHAPTER 17-4 SEWER, SEWAGE DISPOSAL AND INDUSTRIAL WASTE +PRETREATMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-4_SEWER,_SEWAGE_DISPOSAL_AND_INDUSTRIAL_WASTE_PRETREATMENT){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[Sec 17-401 Regulations +Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-401_Regulations_Adopted){.k-link +target="_blank" style="color:#0000EE"}\ +[Sec 17-402 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-402_Penalty){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[Sec 17-401 Regulations +Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-401_Regulations_Adopted){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The city\'s \"Sewer, Sewage Disposal and Industrial Waste Pretreatment +Regulations,\" as originally adopted by Ord. No. 22(92), October 18, +1993, and amended by Ordinance No. 98(94), October 3, 1994, and any +other amendments, are hereby adopted and incorporated herein by +reference. A copy of the regulations are on file with the city clerk. + +(Code 1999, § 17-401; Ord. No. 22(92), 10-18-1993; Ord. No. 98(94), +10-3-1994; Ord. No. 605(07), 12-3-2007) + +
+ +::: phx-name +[Sec 17-402 +Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-402_Penalty){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A violation of the city\'s sewer, sewage disposal and industrial waste +pretreatment regulations is punishable as provided in section 1-108, +unless another penalty is specifically provided in the regulations. + +(Code 1999, § 17-402) + +
+ +::: {.phx-name .phx-break} +[APPENDIX 1 ELECTRIC +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_ELECTRIC_FRANCHISE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +::: toc +[APPENDIX 1 SECTION 1 +DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_1_DEFINITIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 1 SECTION 2 GRANT +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_2_GRANT_FRANCHISE){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 1 SECTION 3 NOT TO IMPEDE +TRAFFIC](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_3_NOT_TO_IMPEDE_TRAFFIC){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 1 SECTION 4 HOLD HARMLESS TO +CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_4_HOLD_HARMLESS_TO_CITY){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 1 SECTION 5 COMPLIANCE WITH +RULES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_5_COMPLIANCE_WITH_RULES){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 1 SECTION 6 +ASSIGNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_6_ASSIGNMENT){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 1 SECTION 7 FRANCHISE +FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_7_FRANCHISE_FEE){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 1 SECTION 8 SERVICE TO +CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_8_SERVICE_TO_CITY){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 1 SECTION 9 SPECIAL +ELECTION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_9_SPECIAL_ELECTION){.k-link +target="_blank" style="color:#0000EE"}\ + +\ + +
+ +::: phx-name +[APPENDIX 1 SECTION 1 +DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_1_DEFINITIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The Word \"City\" as hereinafter used shall mean and designate the City +of Moore, Cleveland County, Oklahoma, and the word \"Company\" as +hereinafter used shall mean and designate the Oklahoma Gas and Electric +Company, a corporation organized and existing under and by virtue of the +laws of the State of Oklahoma and its successors and assigns. + +(Ord. No. 741(13), 2-4-2013) + +
+ +::: phx-name +[APPENDIX 1 SECTION 2 GRANT +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_2_GRANT_FRANCHISE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The City hereby grants to the Company the right, privilege and + authority to produce, transmit, distribute and sell electricity + within the corporate limits of the City for all purposes for which + it may be used, to the City, its inhabitants and the public + generally, and the right, privilege and authority to construct, + maintain and operate a system of poles, wires, conduits, + transformers, substations, and other facilities and equipment in, + upon, across, under and over the streets, alleys, public grounds and + other places in each and every part of said City for the purpose of + producing, transmitting, distributing and selling electricity to the + City, its inhabitants, and to the public generally. +2. The franchise hereby granted shall be effective from and after the + date of approval of this Ordinance by the qualified electors of the + City and acceptance by the Company, and shall remain in full force + and effect for a period of twenty-five (25) years. Nothing in this + Ordinance shall be construed to prevent the City from granting an + electric franchise to any other person, firm, or corporation. + +(Ord. No. 741(13), 2-4-2013) + +
+ +::: phx-name +[APPENDIX 1 SECTION 3 NOT TO IMPEDE +TRAFFIC](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_3_NOT_TO_IMPEDE_TRAFFIC){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The Company shall construct, operate and maintain its property in such +manner as will, consistent with necessity, not obstruct nor impede +traffic unduly. + +(Ord. No. 741(13), 2-4-2013) + +
+ +::: phx-name +[APPENDIX 1 SECTION 4 HOLD HARMLESS TO +CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_4_HOLD_HARMLESS_TO_CITY){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The Company shall defend and indemnify the City against all liability +for injury to any person or property caused by the negligence of the +Company in the construction, operation and maintenance of its property +within the City. + +(Ord. No. 741(13), 2-4-2013) + +
+ +::: phx-name +[APPENDIX 1 SECTION 5 COMPLIANCE WITH +RULES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_5_COMPLIANCE_WITH_RULES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Electric service provided hereunder to the City, its inhabitants, and to +the public generally, and rates charged therefor shall be in accordance +with orders, rules and regulations of the Corporation Commission of the +State of Oklahoma or other governmental authority having jurisdiction. + +(Ord. No. 741(13), 2-4-2013) + +
+ +::: phx-name +[APPENDIX 1 SECTION 6 +ASSIGNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_6_ASSIGNMENT){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The Company shall have the right to assign this franchise and the +assignee by written acceptance thereof shall be bound by all the +provisions hereof. An authenticated copy of such assignment and +acceptance shall be filed with the Clerk of the City. + +(Ord. No. 741(13), 2-4-2013) + +
+ +::: phx-name +[APPENDIX 1 SECTION 7 FRANCHISE +FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_7_FRANCHISE_FEE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. From and after the approval and acceptance of this franchise, and in + consideration of the granting of this franchise, the Company agrees + to pay and shall pay to the City an annual franchise fee in an + amount equal to three percent (3%) of its gross revenues arising + from the sale of electricity within the corporate limits of the + City, such payment to be made on or before the 25th day of July of + each year, after deducting therefrom any amount due the Company from + the City. +2. The Company shall abide by any order, rule or regulation of the + Corporation Commission of the State of Oklahoma requiring the + listing separately of all or any portion of such franchise fee on + electric bills to customers. +3. Such franchise fees paid by the Company to the City shall be in lieu + of all other franchise, excise, license, occupation, privilege, + inspection, permit, or other fees, taxes or assessments, except ad + valorem taxes. + +(Ord. No. 741(13), 2-4-2013) + +
+ +::: phx-name +[APPENDIX 1 SECTION 8 SERVICE TO +CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_8_SERVICE_TO_CITY){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The Company shall furnish to the City without charge each fiscal year +during the term hereof electric current to be used exclusively by the +City for operation of traffic signal lights and buildings occupied and +operated by the City for municipal purposes, to be applied by the +Company as a credit to billings to the City, provided that such electric +current shall not exceed one-half of one percent (0.5%) of the +kilowatt-hours sold by the Company to customers within the corporate +limits of the City during the preceding fiscal year. + +(Ord. No. 741(13), 2-4-2013) + +
+ +::: phx-name +[APPENDIX 1 SECTION 9 SPECIAL +ELECTION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_9_SPECIAL_ELECTION){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A special election is hereby called for the purpose of submitting this +Ordinance to the qualified electors of the City residing within its +corporate limits for their approval or disapproval, provided the Company +shall pay the cost of such election. The election shall be held on the +14th day of May, 2013, between the hours of 7:00 a.m. and 7:00 p.m. The +Mayor of the City Council is authorized and directed to issue an +election proclamation calling such election and is further directed to +take all steps that may be necessary for holding the election and for +the submission of this Ordinance to the qualified electors of the City. +If a majority of the qualified electors of the City voting thereon fail +to approve this franchise at said election, no rights shall accrue +hereunder. + +(Ord. No. 741(13), 2-4-2013) + +
+ +::: {.phx-name .phx-break} +[APPENDIX 2 THE MOORE CABLE SYSTEM +ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_THE_MOORE_CABLE_SYSTEM_ORDINANCE){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[APPENDIX 2 SECTION 1 +DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_1_DEFINITIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 2 GRANT OF AUTHORITY; FRANCHISE +REQUIRED](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_2_GRANT_OF_AUTHORITY;_FRANCHISE_REQUIRED){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 3 FRANCHISE +CHARACTERISTICS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_3_FRANCHISE_CHARACTERISTICS){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 4 APPLICATIONS FOR GRANT, RENEWAL, MODIFICATIONS OR +TRANSFER OF +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_4_APPLICATIONS_FOR_GRANT,_RENEWAL,_MODIFICATIONS_OR_TRANSFER_OF_FRANCHISE){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 5 GRANT OF +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_5_GRANT_OF_FRANCHISE){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 6 ELECTION AND COSTS +THEREOF](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_6_ELECTION_AND_COSTS_THEREOF){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 7 +INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_7_INSURANCE){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 8 +INDEMNIFICATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_8_INDEMNIFICATION){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 9 PERFORMANCE +BOND](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_9_PERFORMANCE_BOND){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 10 MINIMUM FACILITY AND +SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_10_MINIMUM_FACILITY_AND_SERVICE){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 11 SIGNAL QUALITY +REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_11_SIGNAL_QUALITY_REQUIREMENTS){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 12 TECHNICAL +STANDARDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_12_TECHNICAL_STANDARDS){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 13 ERECTION, REMOVAL AND COMMON USE OF +POLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_13_ERECTION,_REMOVAL_AND_COMMON_USE_OF_POLES){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 14 SAFETY +REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_14_SAFETY_REQUIREMENTS){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 15 REMOVAL OF FACILITIES UPON +REQUEST](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_15_REMOVAL_OF_FACILITIES_UPON_REQUEST){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 16 SUBSCRIBER RATES, CHARGES AND +REFUNDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_16_SUBSCRIBER_RATES,_CHARGES_AND_REFUNDS){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 17 CUSTOMER SERVICE +REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_17_CUSTOMER_SERVICE_REQUIREMENTS){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 18 POLE AGREEMENTS; +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_18_POLE_AGREEMENTS;_REGULATIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 19 RESERVATION OF +RIGHTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_19_RESERVATION_OF_RIGHTS){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 20 OWNERSHIP OF +FACILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_20_OWNERSHIP_OF_FACILITIES){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 21 DISCRIMINATION +PROHIBITED](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_21_DISCRIMINATION_PROHIBITED){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 22 LIQUIDATED +DAMAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_22_LIQUIDATED_DAMAGES){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 23 FRANCHISE DEFAULT AND ENFORCEMENT +REMEDIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_23_FRANCHISE_DEFAULT_AND_ENFORCEMENT_REMEDIES){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 24 FRANCHISE +FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_24_FRANCHISE_FEE){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 25 RENEWAL OF +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_25_RENEWAL_OF_FRANCHISE){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 26 TRANSFER OF A +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_26_TRANSFER_OF_A_FRANCHISE){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 27 MAPS, REPORTS AND +RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_27_MAPS,_REPORTS_AND_RECORDS){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 28 +ADMINISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_28_ADMINISTRATION){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 29 SUBSCRIBER +PRIVACY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_29_SUBSCRIBER_PRIVACY){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 30 COMPLIANCE WITH FCC REGULATIONS AND +STANDARDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_30_COMPLIANCE_WITH_FCC_REGULATIONS_AND_STANDARDS){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 31 COMPLIANCE WITH APPLICABLE LAWS AND +ORDINANCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_31_COMPLIANCE_WITH_APPLICABLE_LAWS_AND_ORDINANCES){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 32 REVOCATION OR TERMINATION OF +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_32_REVOCATION_OR_TERMINATION_OF_FRANCHISE){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 33 PERIODIC +REVIEWS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_33_PERIODIC_REVIEWS){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 34 DESCRIPTIVE +HEADINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_34_DESCRIPTIVE_HEADINGS){.k-link +target="_blank" style="color:#0000EE"}\ +[APPENDIX 2 SECTION 35 CHOICE OF LAW, VENUE AND ATTORNEYS +FEES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_35_CHOICE_OF_LAW,_VENUE_AND_ATTORNEYS_FEES){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[APPENDIX 2 SECTION 1 +DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_1_DEFINITIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +For the purpose of this Ordinance, the following terms, phrases, words +and their derivations shall have the meanings given herein unless +otherwise defined by federal or state law. The words \"shall\" and +\"will\" are mandatory, and \"may\" is permissive. Words not defined +herein shall be given the meaning set forth in the Communications Act of +1934, as amended, including the Cable Communications Policy Act of 1984, +as amended by the Cable Television Consumer Protection and Competition +Act of 1992, and the Telecommunications Act of 1996, and as may +hereinafter be further amended, and if not defined therein, such words +shall have their common and ordinary meaning. + +1. \"Access channel\" means any channel on a System which, by the terms + of this Ordinance or otherwise, is required to be kept available + without charge by Franchisee for partial or total designation to + public, educational and/or local government use and over which + Franchisee exercises no editorial control. +2. \"Affiliate\" means an entity which owns or controls, is owned or + controlled by, or is under common ownership or control with + Franchisee. +3. \"Application\" means any proposal, submission or request to: (1) + construct and operate a System within the City; (2) transfer a + Franchise or control of a Franchise; (3) renew a Franchise; (4) + modify a Franchise, or; (5) seek any other relief from the City + pursuant to this Ordinance, a Franchise Agreement, the Cable Act as + amended, or the FCC rules and regulations. +4. \"Cable system\" shall mean a facility, consisting of a set of + transmission paths and associated signal generation, reception and + control equipment that is designed to provide Cable Service, which + includes video programming, and other communications services which + are provided to multiple Subscribers within the City. It shall + include, without limitation, all of the component, physical + operation and programming elements of a network of cable, electrical + and electronic equipment, designed, constructed, wired or used for + the purpose of producing, receiving, amplifying and transmitting by + coaxial cable, fiber optics, microwave or other means audio and/or + audio/visual electrical impulses of television, radio and other + intelligences, either analog or digital, including, but not limited + to, cable television for sale to the inhabitants and businesses of + the City. +5. \"Cable Act\" means the Cable Communications Policy Act of 1984, as + amended by the Cable Television Consumer Protection and Competition + Act of 1992, as further amended by the Telecommunications Act of + 1996, as further amended from time to time. +6. \"Cable service\" means (A) the one-way transmission to Subscribers + of (i) video programming, or (ii) other programming service, and (B) + subscriber interaction, if any, which is required for the selection + or use of such video programming or other programming service. +7. \"City\" means the City of Moore, Oklahoma. +8. \"City attorney\" is the City Attorney for the City of Moore, + Oklahoma. +9. \"City clerk\" is the City Clerk of the City of Moore, Oklahoma. +10. \"City engineer\" is the City Engineer of the City of Moore, + Oklahoma. +11. \"City manager\" means the City Manager of Moore, Oklahoma or his + duly authorized representative. +12. \"Converter\" means a device used for changing the frequency of a + television signal. It may also include descrambling or decoding + capabilities. +13. \"Council\" is the City Council of the City of Moore, Oklahoma. +14. \"FCC\" means the Federal Communications Commission. +15. \"Franchise\" means the right granted by the City to a Franchisee to + construct, maintain and operate a System under, on and over streets, + roads and all other Public Ways and easements within the City. +16. \"Franchise agreement\" means the contract entered into in + accordance with this Ordinance, and sets forth the terms and + conditions under which the Franchise will be exercised. +17. \"Franchisee\" means any Person granted a Franchise pursuant to this + Ordinance and shall include any successor thereto. +18. \"Gross revenues\" means all cash, credits, property or other + consideration of any kind or nature received directly or indirectly + by the Franchisee arising from, attributable to, or in any way + derived from the operation of the System to provide Cable Service + within the City. Gross Revenues shall include, but not be limited + to: monthly fees charged Subscribers for basic Cable Service; any + optional, pay per view, premium, per-channel or per-program service + or charges for any other type of Cable Service; installation, + disconnection, and change in service fees; leased channel fees; + Converter and equipment fees, rentals or sales; net advertising + revenues; net revenues from home shopping channels; fees from use of + Access Channels, revenues from studio rental, production fees and + equipment charges when applicable; Gross Revenues shall not include + bad debt, Franchise fees or any sales, excise or other taxes or + fees, which are imposed directly on any Cable Service subscriber by + any governmental unit or agency and which are collected by the + Franchisee on behalf of such governmental unit or agency. +19. \"Normal business hours\" means those hours during which most + similar businesses in the community are open to serve customers. In + all cases, Normal Business Hours must include some evening hours at + least one night per week and/or some weekend hours. +20. \"Normal operating conditions\" means those service conditions which + are within the control of the Franchisee. Those conditions which are + not within the control of the Franchisee include, but are not + limited to, natural disasters, civil disturbances, power outages, + telephone network outages, and severe or unusual weather conditions. + Conditions which are ordinarily within the control of the Franchisee + include, but are not limited to, special promotions, pay-per-view + events, rate increases, regular peak or seasonal demand periods, and + maintenance or upgrade of the System. +21. \"Ordinance\" means the Moore Cable System Ordinance, unless the + context shall indicate otherwise. +22. \"Person\" means any individual, corporation, partnership, + association, joint venture, organization or legal entity of any + kind, and any lawful trustee, successor, assignee, transferee or + personal representative thereof. +23. \"Public way\" means the surface, the air space above the surface + and the area below the surface of any public street, road, + thoroughfare, alley or other public right of way or public place + including, without limitation, public utility easements dedicated + for compatible use within the City. +24. \"Service area\" means the present municipal boundaries of the City + and any additions thereto by annexation or other legal means. +25. \"Subscriber\" means any Person who legally receives Cable Service + delivered over the System. +26. \"System\" means the Cable System. +27. \"Transfer of franchise\" means any transaction in which (1) any + majority ownership or other controlling interest in a Franchise or + its System is transferred from one Person or group of Persons to + another Person or group of Persons, none of whom already own a + controlling ownership interest in the transferring person; or (2) + the rights and/or obligations held by the Franchisee under a + Franchise Agreement are transferred or assigned to another Person or + group of Persons, none of whom already own a controlling ownership + interest in the transferring person. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 2 GRANT OF AUTHORITY; FRANCHISE +REQUIRED](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_2_GRANT_OF_AUTHORITY;_FRANCHISE_REQUIRED){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. In order to make Cable Services available to the residents of the + City, the City may grant one or more Franchises in accordance with + this Ordinance and the execution of a Franchise Agreement. +2. No Person may construct or operate a System in the City without a + Franchise granted by the City and having entered into a Franchise + Agreement with the City. +3. Nothing in this Ordinance shall be deemed to prevent the City from + seeking additional Franchisees at any time pursuant to a request for + proposals or applications. Responses shall comply with this + Ordinance. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 3 FRANCHISE +CHARACTERISTICS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_3_FRANCHISE_CHARACTERISTICS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A Franchise shall be for a term or period of time not to exceed + twenty (20) years to serve all areas of the City, and shall be in + effect from and after approval thereof by the Council in accordance + with applicable law. +2. A Franchise authorizes the Franchisee to use the Public Ways within + the City for installing cables, wires, lines, underground conduit + and other facilities to operate a System within the City, but does + not authorize such use on private property without the owner\'s + consent, nor does the Franchise permit the use of privately-owned + easements without separate agreement of the owners, unless otherwise + permitted by law. +3. A Franchise shall be nonexclusive, and will not preclude the + issuance of another Franchise, nor affect the City\'s right to + authorize use of any Public Way by other Persons as it deems + appropriate. +4. A Franchise shall not relieve the Franchisee of any requirement of + any ordinance, rule, regulation or specification of the City of + general applicability now or hereinafter lawfully enacted by the + City. The Franchisee shall at all times be subject to the lawful + exercise of the police power of the City to the full extent that + such powers now or hereinafter may be vested in or granted to the + City. However, any ordinance, rule, regulation or specification of + the City enacted after a Franchisee has entered into a Franchise + Agreement shall not materially alter the rights or obligations of + the Franchisee under the existing ordinance and Franchise Agreement + unless specifically authorized by state or federal law. +5. A Franchisee and the City shall at all times be subject to and shall + comply with the Cable Act, all federal and state laws governing + Cable Service and all laws of general applicability. +6. The provisions of this Ordinance shall apply to a Franchise + Agreement as if fully set out in such agreement. The terms of a + Franchise Agreement shall prevail over conflicting provisions of + this Ordinance. +7. The Franchisee shall make Cable Service available to all residents + and businesses within the City, subject to the provisions of Section + 10.5. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 4 APPLICATIONS FOR GRANT, RENEWAL, MODIFICATIONS OR +TRANSFER OF +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_4_APPLICATIONS_FOR_GRANT,_RENEWAL,_MODIFICATIONS_OR_TRANSFER_OF_FRANCHISE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A written Application shall be filed with the City for the (a) grant + of a new Franchise; (b) renewal of a Franchise; (c) modification of + a Franchise Agreement; or (d) transfer of a Franchise pursuant to + this ordinance, the Franchise Agreement or the Cable Act. The + applicant has the burden to demonstrate compliance with all + applicable laws and entitlement to the relief sought. +2. The applicant must file an original and five (5) copies of the + Application together with any required filing fee as set forth in + this Ordinance. The Application shall also conform to any request + for proposals and shall contain all requested information. +3. All Applications shall identify Persons authorized to act on behalf + of the applicant with respect to the Application. +4. All Applications accepted for filing by the City shall be available + during the City\'s regular business hours for public inspection. +5. An Application for the initial grant of a Franchise shall contain, + at a minimum, the following information: + 1. The name and address of the applicant and identification of + ownership and control of the applicant including: (a) names and + addresses of the ten (10) largest holders of an ownership + interest and all Persons with a five percent (5%) or more + ownership interest in the applicant; (b) the names of Persons + who control the applicant including, without limitation, all + officers and directors; (c) any other business affiliation and + cable interest of each named Person. + 2. A statement as to whether the applicant, or any Person + controlling the applicant, or any officer, director or major + stockholder has been adjudged bankrupt, had a cable Franchise + revoked, or been found guilty of any violation of any security + or anti-trust law, or of the commission of a felony or crime + involving moral turpitude; and if so, the identification of such + Person and a full explanation of such circumstances. + 3. A demonstration of the applicant\'s technical, legal and + financial ability to construct and/or operate the proposed + System, including identification of key personnel. + 4. A description of the applicant\'s prior experience in System + ownership and construction, and identification of all + communities the applicant or its principals have served. + 5. Identification of proposed Cable Service Area and a detailed + description of the facilities proposed and the characteristics + of the System including, but not limited to, channel capacity, + technical design, and performance and quality expectations. + 6. A detailed description of the construction of the proposed + System, together with a proposed construction schedule. Where + appropriate, the applicant shall include an explanation of how + services will be converted from the existing facilities to the + new facilities. + 7. A description of all services to be provided, including, without + limitation, all broadcast and non-broadcast signals and all + non-television services to be carried on the System. If tiers of + service are to be used by the Franchisee, a description of each + tier service to be available to Subscribers. + 8. A description of proposed rate schedule for Cable Service and + equipment to be provided or used in association with the basic + cable service tier, together with all forms or information + required to allow the determination by the City of the maximum + initial permitted rates and charges. Additionally, and for + informational purposes, the Franchisee shall disclose to the + City any and all charges to be made for all other services and + equipment. + 9. A demonstration of how the applicant\'s proposal will reasonably + meet the future cable-related needs and interests of the + community, taking into account the costs thereof including a + description of how the proposal will meet the needs described in + any recent community needs assessment conducted by or for the + City. + 10. A statement showing pro-forma financial projections for the + first five (5) years. + 11. An affidavit of the applicant or authorized officer thereof + certifying to the truth and accuracy of all information in the + Application, acknowledging the enforceability of Application + commitments, and that the Application proposal meets all + regulatory authority requirements. + 12. Any other information which may be necessary to demonstrate + compliance with all laws as may be relevant to City\'s + consideration of the Application. +6. An Application for modifications of the Franchise Agreement shall + include, as a minimum, the following information: + 1. The specified modifications requested. + 2. The justification and basis for the requested modification + including a statement of impact the requested modification may + have on Subscribers or others, and the financial impact approval + or disapproval may have on the applicant. + 3. Any other relevant information which may be reasonably necessary + for the City to make an informed decision. +7. An Application for renewal of a Franchise shall comply with the + requirements of Section 25 herein. +8. An Application for approval of the Transfer of a Franchise shall + comply with the requirements of Section 26 herein. +9. Each Application shall be accompanied by a filing fee in the + following amounts as may be appropriate: + 1. For new or initial Franchise \.....\$500.00 + 2. For renewal of a Franchise \.....\$500.00 + 3. For a transfer of a Franchise \.....\$250.00 + 4. For a modification of Franchise Agreement \.....\$150.00 + 5. For any other relief \.....\$150.00 + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 5 GRANT OF +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_5_GRANT_OF_FRANCHISE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The City may grant or renew a Franchise for a period not to exceed + twenty (20) years in accordance with the requirements of this + Ordinance and the terms of a Franchise Agreement. +2. The grant or renewal of a Franchise may be conditioned upon + completion of construction within times prescribed or upon + performance of specific obligations as set forth in the Franchise + Agreement. +3. In evaluating an Application for an initial Franchise, the City may + consider, among other things, the following factors: the + applicant\'s technical, financial, and legal qualifications to + construct and operate the proposed System; the nature of the + proposed facilities, equipment, and services; the applicant\'s + experience in constructing and operating Systems and providing Cable + Service in other communities, if any; the ability of City\'s Public + Ways to accommodate the proposed System; the potential disruption to + users of City\'s Public Ways and any resultant inconvenience to the + public; and whether the proposal will meet reasonably anticipated + community needs and serve the public interest. +4. The Application shall be reviewed by the City Manager and staff to + determine whether the Application complies with all requirements of + this Ordinance. If the Application is sufficient, the City Manager + and the applicant shall negotiate the terms and conditions of the + proposed Franchise Agreement. The proposed Franchise Agreement must + be executed by the applicant and submitted to the Council. The + proposed Franchise Agreement shall provide that it is subject to + approval of the qualified electors of the City. The proposed + Franchise Agreement shall further provide that the applicant + acknowledges its acceptance of the proposed Franchise and the + obligation of the applicant to comply with all the provisions of + this Ordinance, the proposed Franchise Agreement and the terms and + conditions of the applicant\'s proposal as submitted to the City as + a part of the Application except to the extent such items are + preempted or superseded by federal or state law. +5. The City Council shall hold a public hearing to consider the + Application and the proposed Franchise Agreement. Based upon the + Application and the proposed Franchise Agreement, the testimony + presented at the public hearing, any recommendation of the City + Manager or staff and any other information relevant to the + Application, including the requirements of applicable federal or + state law, the Council shall determine whether to approve or + disapprove the proposed Franchise Agreement and whether to grant or + deny the Franchise Application. +6. In the event a court of competent jurisdiction determines that + federal law does not preempt the election requirement for Franchise + Agreements as set forth in Oklahoma Constitution, Article 18, § + 5(a), the Council shall direct submission of the grant of a + Franchise to a vote of the qualified electors as required by the + Oklahoma Constitution. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 6 ELECTION AND COSTS +THEREOF](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_6_ELECTION_AND_COSTS_THEREOF){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +To the extent required by applicable law, in order for a grant, +extension or renewal of a Franchise, other than a revocable permit, to +become effective, an election must be held. A majority of the qualified +electors of the City voting on the question must vote in favor of the +grant, extension or renewal of the Franchise. No election shall be +called or conducted for the purposes provided herein, unless and until +the applicant or Franchisee named therein shall have deposited with the +City, in cash, an amount estimated by the City Clerk to be required for +payment in full of those expenses of such election, directly related to +the grant or renewal issue including, without limitation, the costs of +printing and publishing. If the final total of the expenses and costs +incurred by the City for the election exceeds the amount deposited by +the Franchisee, Franchisee shall pay to the City all excess expenses and +costs and the City shall refund to the Franchisee any overpayment of +expenses and costs. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 7 +INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_7_INSURANCE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The Franchisee shall maintain throughout the term of the Franchise, + at its own cost and expense, automobile insurance on all its + vehicles and general comprehensive liability insurance, insuring the + Franchisee and the City, the Council, its officers, private + sub-contractors, agents and employees, whether elected or appointed, + from and against all claims by any Person whatsoever for loss, + injury or damage to Person or property, both real and personal, + occasioned or caused by the construction, erection, operation or + maintenance of the System. The insurance shall provide amounts of + coverage not less than the following:\ + \ + ----------------------------------- ----------------------------------- + General Liability Insurance + + Bodily Injury per Person\ \$1,000,000.00\ + + Bodily Injury per Occurrence\ 2,000,000.00\ + + Property Damage per Occurrence\ 500,000.00\ + + Automobile Insurance + + Bodily Injury per Person\ \$1,000,000.00\ + + Bodily Injury per Occurrence\ 2,000,000.00\ + + Property Damage per Occurrence\ 500,000.00\ + ----------------------------------- ----------------------------------- + + In no event shall the coverage or amounts be less than those + established as the City\'s liability limits under Oklahoma + Governmental Tort Claims Act, as may be amended from time to time. +2. The Franchisee shall also provide workers\' compensation coverage as + required by the laws of the State of Oklahoma. +3. All insurance policies shall be with companies licensed to conduct + business in the State of Oklahoma. +4. All insurance policies must name the City as an additional named + insured and no cancellation shall be effective, except upon + thirty (30) days\' written notice to the City, and unless another + policy is in effect on or before the date of cancellation. +5. The insurance coverage, as evidenced by the certificates of + insurance shall be filed and maintained with the City. +6. Franchisee shall provide proof to the City of compliance with this + Section no later than the effective date of the Franchise. +7. In the event the Franchisee fails to maintain the insurance required + herein, the City may, at its option, obtain and keep such insurance + in full force and effect. The Franchisee shall promptly reimburse + the City for such insurance costs. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 8 +INDEMNIFICATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_8_INDEMNIFICATION){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Except in the event of the City\'s, its employees\' or agents\' + negligence or intentional acts, the Franchisee shall, at its cost + and expense, indemnify, save, hold harmless and defend the City, its + officials, boards, commissions, agents, consultants and employees + against any and all claims, suits, causes of action, demands, + penalties, liabilities, proceedings or judgments for damages or + equitable relief filed by third parties resulting from or arising + out of or through: + 1. Franchisee\'s construction, installation, maintenance or + operation of its System. + 2. Any processes, or procedures, acts or omissions by Franchisee in + connection with the consideration of an award to Franchisee of a + Franchise and/or any amendments thereto. + 3. The conduct of Franchisee\'s business, including without + limitation, any acts or omissions of Franchisee, its servants, + employees, or agents, whether or not such act or omission is + authorized, required, allowed or prohibited by this Ordinance or + the Franchise Agreement. +2. This indemnification shall include all expenses, including but not + limited to out of pocket expenses, reasonable attorneys fees and + litigation expenses incurred by the City in defending itself from + such claims and demands; provided if any action at law or suit in + equity is instituted by a third party (a \"Claim\") with respect to + which the City intends to seek indemnification under this section, + the City shall promptly notify the Franchisee of such action or + suit. Franchisee shall have the right to conduct and control any + Claim through counsel of its own choosing, but the City may, at its + election, participate in a defense of any such Claim at its sole + cost and expense. +3. This indemnification shall also include, but not be limited to, + claims based on invasion of right of privacy, libel, slander, + copyright infringements, defamation, violation of trade name, + service mark or patent rights. +4. In addition to the provisions of paragraph (b) of this Section, + nothing in this section shall prohibit the City from participating + in the defense of any litigation by its own separate counsel at its + own costs. Compliance by Franchisee with these indemnity provisions + shall not limit any other remedies available to the City, at law or + equity. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 9 PERFORMANCE +BOND](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_9_PERFORMANCE_BOND){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The Franchise Agreement may provide that, prior to the initial + commencement of any System construction, upgrade or other work in + the streets or other Public Ways, the Franchisee shall establish and + maintain a performance bond in favor of the City, in an amount + specified in the Franchise Agreement or other authorization as may + be necessary to ensure the Franchisee\'s faithful performance of + each term and condition of this Ordinance, the Franchise Agreement + and all applicable ordinances, statutes, rules or regulations + relating to the performance of any construction, upgrade or other + work which is required of the Franchisee. +2. In the event the Franchisee shall fail to fulfill the obligations as + imposed, or breaches any such obligations, there shall be + recoverable, jointly and severally, from the principal and sureties, + any damages or loss suffered by the City proximately resulting from + the failure of the Franchisee to faithfully perform the provisions + of this Ordinance and the Franchise Agreement, including the cost of + removal of property of Franchisee, the cost of completing the + obligations of the Franchisee, together with reasonable attorneys + fees. +3. The Franchise Agreement may provide the amounts, terms and periods + of maintenance of such performance bond. Upon completion of all + construction, upgrade or other work in the streets or other Public + Ways to the satisfaction of the City, the City may reduce the amount + of the bond to an amount determined by the City sufficient to + protect the City in the event of breach. Bond requirements may be + also reasonably increased by the City to secure additional + construction upgrade or other work. +4. Any performance bond required by this Section shall be issued by a + surety authorized to conduct business in the State of Oklahoma. The + performance bond shall contain a restriction prohibiting + cancellation or lapse without thirty (30) days\' written notice to + the City from the surety or issuer of the performance bond of its + intention to cancel or not renew. +5. The performance bond shall be filed and maintained with the City + Clerk. +6. The rights available to the City pursuant to the performance bond + are in addition to all other rights and remedies available to the + City. The exercise of any such rights shall not be construed to + excuse or waive unfaithful performance or breach by Franchisee, or + limit the liability of the Franchisee to the City. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 10 MINIMUM FACILITY AND +SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_10_MINIMUM_FACILITY_AND_SERVICE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The following are minimum requirements for facilities and service for +all Franchises granted by the City. The City may agree in the Franchise +Agreement to additional requirements, where the City and Franchisee +determine that additional requirements are necessary to meet public +needs, taking into account the cost thereof. + +1. The System shall be capable of both one-way and two-way transmission + and shall be capable of delivering 110 analog channels. +2. In instances of upgrade, the Franchisee shall exchange, upon + request, at its own expense, existing Converters for Converters + capable of receiving all available channels or services. +3. The Franchisee shall provide, upon written request of the City, + one (1) outlet consisting of all cable channels except pay per view, + pay per program or premium (such as, HBO, Showtime and Cinemax) + channels, without installation or monthly charge to City Hall, fire + stations, police stations, and any other facility owned or occupied + by the City, subject to the buildout requirements set forth in + Section 10.5. +4. The Franchisee shall provide the same service set forth in the + preceding paragraph to all Moore public elementary, junior high and + high school facilities located within the City of Moore, subject to + the buildout requirements set forth in Section 10.5. +5. Cable Service shall be available to every dwelling and business + within the City unless residents reside in a remote or relatively + inaccessible area or in annexed areas already served by another + cable operator. The Franchisee will build to these remote and + inaccessible areas and extend service inside the City limits on the + following schedule: For every one-fourth mile of cable plant + required to serve a particular section of the City, ten (10) or more + customers must have placed orders for service. Expenses associated + with the provision of service to businesses beyond 125 feet from an + existing subscriber tap shall be at a cost agreed upon by the + Franchisee and such businesses. +6. The Franchisee shall provide a total of two (2) Access Channels as + set forth below: + 1. The Franchisee shall make available for use by the City, free of + charge, one (1) government access channel. + 2. The Franchisee shall make available for use by the public + educational institutions, free of charge, one (1) educational + Access Channel. + 3. The Franchisee shall be allowed to utilize any unused time on + the Access Channels. +7. The System shall provide leased Access Channels as required by + federal law. +8. To the extent required by applicable law, the System shall be + designed to allow the City to interrupt Cable Service in an + emergency or disaster declared by City Manager or his designee, and + if necessary, use such facilities during the period of emergency or + disaster. This shall include a telephone access system whereby voice + announcements may be made simultaneously over all analog television + channels. This is to be a 24-hour mechanism capable of preempting + the sound on all analog channels. The mechanism is to be accessible + to authorized City or Franchisee personnel only. +9. The System will provide standby power to be installed at locations + as determined by Franchisee, but shall include back up power at the + headend. The power system shall be capable of self activation at any + time there is a loss of commercial power. +10. When constructing or reconstructing the System, the Franchisee shall + place all cable, appurtenances, and transmission facilities in + accordance with the following requirements: + 1. Franchisee shall place its cable, appurtenances, and + transmission facilities underground in those areas where + transmission and distribution facilities of the existing + telephone company and electric company are located underground. + 2. Franchisee shall promptly move, at its own expense, its cable, + appurtenances, and transmission facilities underground in any + area where, during the term of a franchise, the transmission and + distribution facilities of the existing telephone company and + electric company are moved underground. + 3. Where aerial cable is allowed, Franchisee shall not erect any + new poles along any Public Way except as may be reasonably + necessary to fill small gaps in the existing aerial utility + systems and only then with approval of the City, which shall not + be unreasonably withheld. +11. Franchisee shall make no pavement cuts in the installation, + maintenance, or removal of its System, except upon written approval + of the City and upon compliance with the Moore City Code. +12. All signals shall include any closed caption information for the + hearing impaired, as required by the FCC. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 11 SIGNAL QUALITY +REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_11_SIGNAL_QUALITY_REQUIREMENTS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The Franchisee shall: + +1. Produce a picture, whether in black and white or in color, that is + undistorted, and accompanied with proper sound on a typical + television set in good repair. +2. Transmit signals of adequate strength to produce undistorted picture + with proper sound to all outlets without causing cross-modulation, + hum or distortion in the System or otherwise interfering with other + electrical or electronic systems. +3. Demonstrate, upon request and at no expense to the Subscriber, by + instrument or otherwise, that a signal of adequate strength and + quality is being delivered. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 12 TECHNICAL +STANDARDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_12_TECHNICAL_STANDARDS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The System shall meet or exceed the technical standards set forth in + this Ordinance, the Franchise Agreement, FCC or other applicable + local, federal or state technical standards as may now exist or as + hereinafter amended or adopted. +2. Antennas, supporting structures and outside plant of the System + shall be designed to comply with recommendations of the Electronics + Industry on tower structures and outside plant, and with all + federal, state or City laws, ordinances, or rules or regulations. +3. All construction, installation and maintenance shall comply with + building, electrical codes or other applicable laws adopted by the + City as now existing or as hereinafter amended or adopted. +4. The Franchisee shall, upon the request of the City, perform at its + expense, proof of performance tests designed to demonstrate + compliance with the technical requirements of this Ordinance, the + Franchise Agreement and the then existing FCC requirements, + provided, if the City requests such tests more than annually it + shall pay all costs associated with such test. +5. The System shall not be designed or operated in any manner which + will significantly interfere with any broadcast station, any + electrical system or antennas for reception of television or other + broadcast signals as detailed in the FCC rules regarding signal + quality. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 13 ERECTION, REMOVAL AND COMMON USE OF +POLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_13_ERECTION,_REMOVAL_AND_COMMON_USE_OF_POLES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No poles or other wire-holding structures shall be erected by the + Franchisee without prior approval of the City. The Franchisee shall + have no vested interest in the location of any pole or wire holding + structure. Such poles or structures shall be removed or modified by + Franchisee at its own expense whenever the City determines that + public convenience would be enhanced thereby. +2. In the event poles or other wire-holding structures are already + existing for use in serving the City and are available for use by + the Franchisee, and the Franchisee does not make arrangements for + such use, the City may require the Franchisee to use such poles or + structures, upon reasonable terms and conditions, if the City + determines that the public convenience would be enhanced thereby, + and the terms of the use available to the Franchisee are just and + reasonable. +3. Where a public utility serving the City desires to make use of the + poles or other wire-holding structures of the Franchisee, but an + agreement therefor with the Franchisee cannot be reached, the City + may require the Franchisee to permit such use for such consideration + and on such terms as the City shall determine to be just and + reasonable, taking into account pole rates charged Franchisee by the + public utility and the pole rates established by FCC rules and + regulations, if the City reasonably determines that the use would + enhance the public convenience and would not unduly interfere with + operations of the Franchisee. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 14 SAFETY +REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_14_SAFETY_REQUIREMENTS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The Franchisee shall at all times employ ordinary care and shall + install and maintain in use commonly accepted methods and devices + for preventing failures and accidents which are likely to cause + damage, injuries or nuisances to the public. +2. The Franchisee shall install and maintain its wires, cable, fixtures + and other equipment in accordance with the National Electrical + Safety Code and the National Electrical Code, as adopted by the City + and as the same may respectively be amended or replaced, and all + applicable state and local laws codes and ordinances. +3. All structures and all lines, equipment, and connections in, over, + under and upon the streets, sidewalks, alleys and Public Ways or + places of the City, wherever situated or located, shall at all times + be kept and maintained in a safe, suitable, substantial condition, + and in good repair. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 15 REMOVAL OF FACILITIES UPON +REQUEST](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_15_REMOVAL_OF_FACILITIES_UPON_REQUEST){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Upon termination of service by any Subscriber, the Franchisee shall + promptly remove all its facilities and equipment from the premises + of such Subscriber upon his request. +2. The question of ownership of wiring installed inside the residence + or business of a Subscriber shall be determined by the rules + promulgated by the FCC. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 16 SUBSCRIBER RATES, CHARGES AND +REFUNDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_16_SUBSCRIBER_RATES,_CHARGES_AND_REFUNDS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. *Rate Regulations*. + 1. The rates and charges made to Subscribers for basic cable + television service and related equipment shall be determined + pursuant to the FCC Rules and Regulations, to the extent + applicable. The Council shall have the authority to regulate + such rates and charges in accordance with the FCC rules and + regulations, which are incorporated by reference. +2. *Rate and Charge Limitations*. + 1. The Franchisee may require Subscribers to pay for Cable Service + one month in advance. No other advance payment, penalty or + deposit other than a late fee imposed by Section 16(b)(3). below + shall be required by the Franchisee for Cable Service except + where a particular Subscriber has a bona fide credit problem. + 2. If in the future the state of Oklahoma regulates the rates of + the Franchisee for the service provided for in a Franchise, this + section shall be of no effect during such state regulation to + the extent of any conflict herewith. + 3. Franchisee may charge a fee for the recovery of costs incurred + to collect late payments for Cable Services if the following + conditions have been met: + 1. The subscriber\'s bill sets forth when the fee will be + assessed; + 2. The fee is not assessed any earlier than the tenth (10th) + day after the due date as reflected on the subscriber\'s + bill; and + 3. The bill sets forth the amount of the fee. + + Any fee imposed by Franchisee that does not exceed \$6.00 in + Year 2000 dollars (as adjusted annually for inflation based on + the Consumer Price Index) shall be presumed reasonable to cover + the costs associated with the delinquent payment. The assessment + of a fee pursuant to this section shall not be construed as a + limitation on Franchisee\'s right to charge any other lawful + fees or charges. + 4. Subscribers shall not be charged a late fee or otherwise + penalized for any failure by the Franchisee, its employees, or + contractors, to timely or correctly bill the Subscriber, or fail + to properly credit the Subscriber for a payment timely made. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 17 CUSTOMER SERVICE +REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_17_CUSTOMER_SERVICE_REQUIREMENTS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The Franchisee shall render efficient service, make repairs + promptly, and interrupt service only for good cause and for the + shortest time possible. The requirements established in this section + shall be deemed minimum service standards and may be supplemented by + terms of the Franchise Agreement or mutually agreed upon amendments + to this Ordinance. +2. All employees of the Franchisee who are involved in field work which + require the employee to enter onto private property shall wear, on + the outside of clothing, a photograph identification badge. +3. Telephone availability requirements may be provided by equipment and + personnel located at the regional office or other offices of the + Franchisee. Compliance records shall be maintained for the + operations within the City at Franchisee\'s regional office. +4. The Franchisee shall provide a listed local or toll free telephone + number which will be available to Subscribers and members of the + public twenty-four (24) hours a day, seven days a week. +5. The Franchisee shall adhere to the Customer Service Standards + mandated by the FCC, which are incorporated by reference. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 18 POLE AGREEMENTS; +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_18_POLE_AGREEMENTS;_REGULATIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. All transmission and distribution structures, and equipment erected + by the Franchisee within the City shall be so located as to cause + minimum interference with the proper use of streets, alleys, and + other Public Ways and places, and to the extent feasible, to cause + minimum interference with the rights and reasonable convenience of + property owners who join any of the said streets, alleys or other + Public Ways and places, while allowing the Franchisee to adequately + perform its requirements under the Franchise. +2. It shall be the responsibility of the Franchisee to obtain the + necessary pole attachment agreements from the City and/or private + utility companies using poles within the City. + 1. Upon request, all pole attachment agreements obtained from + public and private utility companies shall be made available to + the City Clerk. + 2. All pole attachment agreements with the City shall be negotiated + and approved by the Council. +3. If, at any time during the period of a Franchise, the City shall + lawfully elect to alter or change the grade of any street, sidewalk, + alley, or other Public Way, the Franchisee, upon reasonable notice + by the City, shall remove, relay, and relocate its poles, wires, + cables, underground conduits, manholes, and other fixtures at its + own expense. +4. Any poles or other fixtures placed in any Public Way by the + Franchisee shall be placed in such a manner as not to interfere with + the usual travel on such Public Way. +5. The Franchisee shall, on the request of any Person holding a + building moving permit issued by the City, temporarily raise or + lower its facilities to permit the moving of buildings. The expense + of such temporary removal or raising or lowering of facilities to + permit the moving of buildings shall be paid by the Person + requesting the same, and the Franchisee shall have the authority to + require such payment in advance. The Franchisee shall be given not + less than seven (7) days\' advance notice to arrange for such + temporary facility changes. +6. A Franchisee shall not place its facilities, equipment or fixtures + where they will unduly interfere with public utility facilities or + equipment, nor obstruct or hinder the service of such utilities to + the residents. +7. The City may issue such rules and regulations concerning the + installation and maintenance of the System as may be consistent with + this Ordinance, the Franchise Agreement and applicable law. +8. Upon completion of any work, the Franchisee shall restore all + property to its former condition. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 19 RESERVATION OF +RIGHTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_19_RESERVATION_OF_RIGHTS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The right is hereby reserved to the Council to adopt, in addition to + the provisions contained herein and in existing applicable + ordinances, such additional regulations as it shall find necessary + in the exercise of its lawful police powers or powers granted to the + City by federal or state law. However, such regulation, by ordinance + or otherwise, shall be reasonable, of general applicability, and not + in conflict with the material rights herein granted. +2. The City shall have the right to inspect the books, records, maps, + plans, and other like materials of the Franchisee reasonably + necessary to enforce any Franchise granted hereunder, at any time + upon reasonable written notice and during Normal Business Hours. +3. The City shall have the right, during the life of a Franchise, to + install and maintain for a fee, upon the poles of the Franchisee any + wire and pole fixtures that do not interfere with the System of the + Franchisee. +4. The City shall have the right to inspect all construction or + installation work performed, within public ways subject to the + provisions of this nonexclusive Franchise and other pertinent + provisions of the state and local law. In the event City + inspection(s) reveal(s) that the Franchisee has failed, in the + City\'s reasonable judgment, to fulfill its obligation under the + terms of this nonexclusive Franchise, the City shall notify the + Franchisee, in writing, of its specific deficiencies. Absent + commencement of corrective action or filing of a request for review + before the City Council by the Franchisee within thirty (30) days of + receipt of said notification, the City may undertake the necessary + repairs or restoration at the Franchisee\'s sole expense. +5. At the expiration of the term for which a Franchise is granted, or + upon its termination as provided herein, and absent a Franchise + renewal, the Council may require the Franchisee to continue + operations for a period not to exceed six (6) months from the date + of the Council\'s decision. In the event of non-renewal of the + Franchise, the Franchisee shall have one hundred eighty (180) days + from the date it ceases operations to remove, at its own expense, + all portions of its System from all Public Ways within the City and + to restore said Public Ways to a condition reasonably satisfactory + to the City taking into account normal wear and tear. +6. Upon the non-renewal of a Franchise as provided for herein, the + City, at its election, and upon the payment of a sum equal to the + fair market value to the Franchisee as provided by Subsection (G), + shall have the right to purchase and take over the System in its + entirety. Upon the exercise of this option and the payment of the + above sum by the City and its service of an official notice of such + action upon the Franchisee, the Franchisee shall immediately + transfer to the City possession and title to all facilities and + property, real and personal, of the System, free from any and all + liens and encumbrances not agreed to be assumed by the City in lieu + of some portion of the purchase price set forth above; and the + Franchisee shall execute such warranty deeds or other instruments of + conveyance to the City as shall be necessary for this purpose. +7. Upon the exercise of the option by the City to purchase and take + over the System in its entirety, the fair market value to the + Franchisee of the System shall be determined by three (3) + disinterested parties, one of such parties to be selected by the + City, another to be selected by the Franchisee, and the two (2) + parties so selected shall mutually agree upon a third party. When + all three (3) parties have been selected, they shall proceed to + appraise the System and determine the fair market value of the + System as a going concern, but with no value allocated to the + Franchisee itself, which determination shall be binding upon the + City and the Franchisee. In the event the two (2) parties selected + by the City and Franchisee are unable to agree upon a third party, + then the presiding District Judge of Cleveland County, Oklahoma, or + his designee shall serve as the third party. The party selected by + the City shall be with approval of the Council. However, if the City + no longer desires to acquire the System after its value is + determined, the City may, without penalty or waiver of future rights + to acquire the System, abandon its intention to acquire the System. + The cost of the appraisal shall be shared equally between the City + and Franchisee. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 20 OWNERSHIP OF +FACILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_20_OWNERSHIP_OF_FACILITIES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +A Franchisee shall at all times be the full and complete owner of all +facilities and property, real and personal, of the System, except for +customer premises equipment, unless mortgaged, leased, or pledged. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 21 DISCRIMINATION +PROHIBITED](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_21_DISCRIMINATION_PROHIBITED){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A Franchisee shall have a rate structure which is uniform throughout + its Cable Service Area to the extent required by applicable law. +2. No Franchisee may in its rates or charges, or in the availability of + the services or facilities of its System, or in any other respect, + make or grant undue preferences or advantages to any Subscriber, + potential Subscriber, or group of Subscribers or potential + Subscribers, nor subject any such Persons or group of Persons to any + undue prejudice or any disadvantage; provided, however, a Franchisee + may offer discounts or promotions in order to attract or maintain + Subscribers provided that such discounts or promotions are offered + on a non-discriminatory basis. A Franchisee shall not deny, delay, + or otherwise burden service or discriminate against Subscribers or + users on the basis of age, race, creed, religion, color, sex, + handicap, national origin, marital status, or political affiliation, + except for discounts for the senior citizens, handicapped, or + economical disadvantaged group which are applied in a uniform and + consistent manner. +3. A Franchisee shall not deny Cable Service to any potential + Subscriber because of the income of the residents of the area in + which the Subscriber resides. +4. A Franchisee shall not refuse to employ, nor discharge from + employment, nor discriminate against any Person in compensation or + in terms, conditions or privileges of employment because of age, + race, creed, religion, color, sex, handicap, national origin, + marital status, or political affiliation. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 22 LIQUIDATED +DAMAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_22_LIQUIDATED_DAMAGES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Because failure of the Franchisee to comply with the material + provisions of this Franchise may result in injury to the City, the + extent of which will be difficult to estimate, the following + liquidated damages shall apply to the injury specified: + 1. For failure to substantially complete construction or rebuild in + accordance with this Ordinance or the Franchise Agreement, + Franchisee shall pay Two Hundred Fifty Dollars (\$250.00) a day + for each day or portion thereof the violation occurs or + continues. + 2. For repeated failure to timely provide data, documents, reports + or information as required, Franchisee shall pay Two Hundred + Fifty Dollars (\$250.00) per day or a portion thereof, if the + violation occurs or continues. + 3. For repeated violation of subscriber service standards, + Franchisee shall pay Fifty Dollars (\$50.00) per day, or a + portion thereof, if the violation occurs or continues. + 4. For failure to comply with technical and System requirements, + Franchisee shall pay One Hundred Dollars (\$100.00) per day, or + a portion thereof, if the violation occurs or continues. + 5. For failure to comply with any other material provision of this + Ordinance or the Franchise Agreement the Franchisee shall pay + One Hundred Fifty Dollars (\$150.00) per day, or a portion + thereof, if the non-compliance continues. + 6. For willful failure to comply with lawful orders or directives + of the City, Franchisee shall pay One Hundred Dollars (\$100.00) + per day, or a portion thereof, if the non-compliance continues. +2. Prior to the imposition of any liquidation damages by the City, the + City shall comply with the procedures set forth in Section 23, + below. +3. Payment of such damages shall not relieve the Franchisee of its + obligation to comply with the terms of the Franchise. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 23 FRANCHISE DEFAULT AND ENFORCEMENT +REMEDIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_23_FRANCHISE_DEFAULT_AND_ENFORCEMENT_REMEDIES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. In the event Franchisee violates or is in default of the material + provisions of this Ordinance or the Franchise Agreement, the City + shall notify the Franchisee in writing of the exact nature of the + alleged violation or default. +2. Franchisee shall have thirty (30) days from the receipt of a written + notice of default to: (a) respond contesting the alleged assertion + of default, or (b) cure such default or, in the event that, by the + nature of the default, such default cannot be cured within the + thirty (30) day period, institute reasonable steps to remedy such + default and notify the City or Council of the steps being taken and + the projected date of compliance. +3. In the event the Franchisee contests the assertion of a default or + fails to respond to a notice of default or the alleged default is + not remedied or remedy commenced within the time required, the + Council shall schedule a hearing to investigate the default. The + Council shall notify the Franchisee of the time and place of such + hearing and provide Franchisee with a full and fair opportunity to + present witnesses and other evidence and be heard. +4. In the event the Council, after such hearing, finds or determines + that the Franchisee has violated or is otherwise in default of a + material provision of this Ordinance or the Franchise Agreement, + which for purposes of subparagraph (d)(3) below shall be a finding + of a default of such material provision of this Ordinance or the + Franchise Agreement, the City shall have the right to seek one of + the following remedies: + 1. Order Franchisee to cure default; or + 2. Impose liquidated damages or penalties as provided in this + Ordinance or the Franchise Agreement which shall be paid within + five (5) business days following such imposition. Payment of + liquidated damages shall not relieve Franchisee of its + obligation to comply with Franchise requirements; or + 3. Revoke or terminate the Franchise following the procedures + specified in this Ordinance. +5. In addition to such remedies, the City reserves to itself all other + remedies which may be available at law or equity and may seek such + relief from any court of competent jurisdiction. +6. Failure of the City to exercise its rights of enforcement for any + violation by Franchisee shall not be deemed a waiver of the City to + enforce any Franchise requirement or to seek appropriate enforcement + remedies for subsequent violations of any nature. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 24 FRANCHISE +FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_24_FRANCHISE_FEE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. As compensation for the use of valuable Public Ways and privileges + granted to operate a System, and to defray the cost of the + regulation, Franchisee shall pay to the City a Franchise fee of + Franchisee\'s Gross Revenues received from the operation of its + System to provide Cable Service within the City, based on the + following schedule: + 1. Three percent (3%) for revenue through December 31, 2003; + 2. Four percent (4%) for revenue from January 1, 2004, through + December 31, 2005; and + 3. Five percent (5%) for revenue on and after January 1, 2006. +2. The Franchise fee shall be payable to the City on a monthly basis + and shall be due no later than forty five (45) days after the end of + the month for which the Franchise fee is being calculated. +3. In the event the Franchise fee payment is not received by the City + on the due date, the Franchisee shall be assessed interest on any + delinquency from the due date until paid in full at the rate of ten + percent (10%) per annum. In the event any Franchise fee shall be + delinquent for more than 90 days, the Franchisee shall, after 10 + days\' written notice from the City, be deemed in material default + and subject to the provisions of this Ordinance regarding + termination of a Franchise. +4. The Franchisee shall submit with each payment a report showing the + amount of Gross Revenues for the preceding quarter on which the + Franchise fee is determined. Additionally, Franchisee shall submit + to the City an annual revenue audit statement within three (3) + months of the close of the fiscal year, setting forth the + computation of Gross Revenues for the preceding year and an + explanation of the method of computation. The required reports and + annual revenue audit statement shall be prepared at the expense of + the Franchisee on forms reasonably acceptable to the City and + certified by the Franchisee\'s chief financial officer or authorized + designee. The same reports shall be due within ninety (90) days of + the termination of the Franchise. +5. Except as otherwise provided in the Cable Act and FCC Regulations, + all payments required by this section shall be in addition to all + other fees and payments required to be made by Franchisee to the + City. +6. Acceptance by the City of any payment shall not be construed as an + accord or satisfaction that such payment is correct, nor shall + acceptance be construed as a release of any claim the City may have + for additional sums which may be due. +7. The City shall have the right, at its cost and upon reasonable + notice, to inspect and audit all books and records of the Franchisee + which may be necessary for the determination of Gross Revenues and + computation of Franchise fees due, such audit period not to exceed + the prior 3 years. If it is finally determined that Franchise fees + have been underpaid in an amount in excess of ten percent (10%), the + cost of audit shall be paid by the Franchisee. The books and records + necessary for such audit shall be maintained by the Franchisee at + Franchisee\'s Regional office. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 25 RENEWAL OF +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_25_RENEWAL_OF_FRANCHISE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Renewal of a Franchise shall be conducted in a manner consistent with +Franchise renewal provisions of the Cable Act, including without +limitations Sections 626 and 627 of the Cable Act as may be amended, and +to the extent consistent therewith, the following additional +requirements shall apply: + +1. Should the formal renewal process set forth in the Cable Act be + invoked, the City shall, upon completion of the review and + evaluation process, notify the Franchisee that it may file a renewal + Application. The notice shall specify the information to be included + in the renewal Application and the deadline for filing the + Application, which shall be no earlier than sixty (60) calendar days + following the date of the notice. Upon receipt of the renewal + Application, the City shall publish notice of its receipt and make + copies available to the public. The City may hold one or more public + hearings on the renewal Application. +2. At the conclusion of the public hearings on the renewal Application, + the Council will either: + 1. Pass a resolution agreeing to renew the Franchise, subject to + the negotiation of a Franchise Agreement reasonably satisfactory + to the City and the Franchisee; or + 2. Pass a resolution that makes a preliminary assessment that the + Franchise should not be renewed. +3. If a preliminary assessment is made that a Franchise should not be + renewed, at the request of the Franchisee or on its own initiative, + the City will commence a proceeding, in accordance with the + appropriate sections of the Cable Act, to address the issues set + forth in the Cable Act. +4. The City and Franchisee may engage in informal renewal discussions + at any time prior to or during the formal renewal process. Any + request to initiate a renewal process or proposal for renewal not + submitted within the time period set forth in the Cable Act, shall + be deemed an informal proposal for renewal. The City may hold one or + more public hearings or implement other procedures under which + comments from the public on an informal proposal for renewal may be + received. Following such public hearings or other procedures, the + Council shall determine whether the Franchise should be renewed and + the terms and conditions of any renewal. +5. If the Council grants a renewal Application, the City and the + Franchisee shall agree on the terms of a Franchise Agreement, and + comply with the procedures specified in this Ordinance, before such + renewal becomes effective. +6. If renewal of a Franchise is denied, the City may acquire ownership + of the System as provided in this Ordinance or the Franchise + Agreement, or at the request of the Franchisee, effect a transfer of + ownership of the System to another Person upon approval of the + Council. Any such acquisition or transfer shall be at fair market + value, determined on the basis of the System valued as a going + concern. +7. If renewal of a Franchise is denied and the City does not purchase + the System or approve or effect a transfer of the System to another + Person, the City may require the former Franchisee to remove its + facilities and equipment at the former Franchisee\'s expense. If the + former Franchisee fails to do so within a 6 month period of time, + the City may have the removal done at the former Franchisee\'s + and/or surety\'s expense. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 26 TRANSFER OF A +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_26_TRANSFER_OF_A_FRANCHISE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. No Transfer of a Franchise shall occur without prior approval of the + City, which shall not be unreasonably withheld, conditioned or + delayed. +2. An Application for a Transfer of a Franchise shall provide complete + information on the proposed transaction, including details on the + legal, financial and technical qualifications of the transferee, to + the extent required by FCC rules. +3. At least one hundred and twenty (120) calendar days prior to the + contemplated effective date of a Transfer, Franchisee shall submit + to the City an Application, together with any required FCC transfer + forms, for approval of the Transfer. To the extent consistent with + FCC rules, such Application and/or the FCC forms shall include the + following: + 1. A statement of the reason for the contemplated transfer. + 2. The name, address and telephone number of the proposed + transferee. + 3. A detailed statement of the corporate or other business entity + organization of the proposed transferee, including but not + limited to the following: + 1. The names, business addresses, state of residence and + country of citizenship of all general partners and corporate + officers of the proposed transferee. + 2. The names, business addresses, state of residence and + country of citizenship of all Persons and entities having, + controlling, or being entitled to have or control ten + percent (10%) or more of the ownership of the proposed + transferee and the respective ownership share of each such + Person or entity. + 3. The names and addresses of any parent or subsidiary of the + proposed transferee and of any other business entity owning + or controlling in whole or in part or owned or controlled in + whole or in part by the proposed transferee. + 4. A detailed and complete financial statement, or annual + report, of the proposed transferee, or a letter or other + acceptable evidence in writing from the proposed + transferee\'s lending institution or funding source, + addressed to both the proposed transferee and the City, + setting forth a clear statement of its intent as a lending + institution or funding source to provide whatever capital + shall be required by the proposed transfer to construct, + install, maintain and operate the proposed System in the + City. + 5. A detailed description of all previous experience of the + proposed transferee in operating Systems and providing Cable + Services or related or similar services, including a + statement identifying, by place and date, any other cable + Franchise(s) awarded to the proposed transferee, its parent, + subsidiaries, or affiliates currently operating or in the + status of transfer; the status of said Franchise(s) with + respect to completion thereof. + 6. Other information the City may reasonably request consistent + with FCC regulations. +4. In making a determination on whether to grant an Application for a + Transfer of a Franchise, the City Council, in good faith, shall + consider the legal, financial and technical qualifications of the + transferee to operate the System; whether the incumbent Franchisee + is in material compliance with its Franchise Agreement and this + Ordinance and, if not, the Franchisee\'s or proposed transferee\'s + commitment to cure such material noncompliance. +5. No Application for a Transfer of a Franchise shall be granted unless + the transferee agrees in writing that it will abide by and accept + all terms of this Ordinance and the Franchise Agreement, and that it + will assume the obligations and liabilities of the previous + Franchisee under this Ordinance and the Franchise Agreement. +6. Approval by the City of a Transfer of a Franchise does not + constitute a waiver or release of any of the rights of the City + under this Ordinance or the Franchise Agreement, whether arising + before or after the date of the transfer. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 27 MAPS, REPORTS AND +RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_27_MAPS,_REPORTS_AND_RECORDS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A Franchisee shall, within One Hundred Twenty (120) days of the + execution of the Franchise Agreement, make available a map of the + City showing the proposed construction schedule of the Franchisee. A + Franchisee shall also, upon request, make available with the City + Engineer a \"route\" map of the existing System. The maps shall be + updated any time route changes are made in the System. +2. The City reserves the right to review complete detailed maps of the + Franchisee\'s network on an as needed basis at the Regional office + of the Franchisee. The City and its designees agree that information + listed on the detailed maps is considered proprietary, and subject + to non-disclosure to outside parties pursuant to confidentiality + provisions of this Ordinance. +3. A Franchisee shall, upon request, file with the City an annual + report reflecting the cable activities concerning the City that + includes the following information: + 1. A summary of the immediate past year\'s activities of the + System, including for example, service initiated or + discontinued, number of Subscribers, homes passed, miles of + cable, a comparison of construction schedules, including + upgrades, with projections previously provided the City, and a + showing of any change in charges or rates. + 2. A summary of Subscriber or consumer complaints, identifying the + types of the complaints and the disposition. Where the + complaints involve recurrent system problems, the summary shall + state the nature of such problems and corrective measures taken. + The City may require additional information. + 3. If the Franchisee is a corporation, a list of all officers and + members of the board of directors. If the stock or ownership + interests of the corporation or any parent corporation are + publicly traded, a copy of its most recent annual report shall + be provided, together with the most recent financial reports + filed with the Securities and Exchange Commission. + 4. If the Franchisee is a partnership, a list of the partners, + including limited partners and their addresses. If the general + partner is a corporation, a list of officers and members of the + board of directors of the corporate general partners. Where such + ownership interests are publicly traded, a copy of its most + recent annual report. + 5. If the Franchisee is a Limited Liability Company or similar + legal entity, a list of members and their addresses. Where + ownership of such entity is publicly traded, a copy of the most + recent annual report. + 6. A copy of the Franchisee\'s rules and regulations applicable to + Subscribers and customers of the System. + 7. A report indicating the types of discounts and promotions + offered in the prior year. + 8. A detailed description of all services and a schedule of all + rates, fees and charges for all such services, including + discounts and promotions. +4. In order to assure full disclosure, a Franchisee shall keep on file + with the City Clerk, at least annually, a current list of officers, + directors and the names of all partners or known stockholders + holding 10 percent (10%) or more ownership in the Franchisee or any + parent corporation. +5. A Franchisee shall maintain all books and records and supporting + data for information in the annual report available for inspection + by the City for purposes of ascertaining compliance with + requirements of this Ordinance or Franchise Agreement. +6. Franchisee shall maintain a complete set of books and records, + including plans, contracts, engineering, accounting, financial, + statistical, Subscriber and service records for operations at its + Regional office. The records shall be provided in a manner to permit + complete inspection of the records of the Moore operation. +7. The City shall have the right to inspect at Franchisee\'s Regional + office the books, maps and records specified in this Ordinance and + such other records as may be reasonably required by the City to + perform its regulatory responsibilities under the Ordinance and the + Cable Act. The City agrees to carry out any such inspection at + reasonable hours and upon reasonable notice. Access by the City to + Franchisee\'s books and records shall not be denied on grounds that + such books and records contain proprietary or confidential + information, provided, the City agrees to maintain the + confidentiality of any such information. +8. The City shall accord all books, maps and records that it inspects + under this Section the maximum degree of confidentiality such books, + maps and records are entitled to under this Ordinance, federal or + state law. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 28 +ADMINISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_28_ADMINISTRATION){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The City Manager, either directly or through a duly appointed + designee, shall have the responsibility for overseeing the + day-to-day administration of this Ordinance and Franchise + Agreements. The City Manager shall be empowered to take all + administrative actions on behalf of the City, except for those + actions specified in this Ordinance that are reserved to the + Council. The City Manager may recommend that the Council take + certain actions with respect to the Franchise. The City Manager + shall keep the Council apprised of developments in cable and provide + the Council with assistance, advice and recommendations as + appropriate. +2. A Franchisee shall have the right to appeal to the Council any + decision of the City Manager relating to such Franchisee or its + Franchise Agreement. Such appeal must be made by written request + within fifteen (15) calendar days of the City Manager\'s written + decision which the Franchisee seeks to appeal. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 29 SUBSCRIBER +PRIVACY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_29_SUBSCRIBER_PRIVACY){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A Franchisee shall protect the privacy of all Subscribers pursuant + to the provisions of the Cable Act. A Franchisee shall not condition + Subscriber service on the Subscriber\'s grant of permission to + disclose information which, pursuant to local, federal or state law, + cannot be disclosed without the Subscriber\'s explicit consent. +2. Except as permitted by Federal law the Franchisee, its agents and + employees shall not, without the prior and specific written + authorization of Subscriber involved, sell, or otherwise make + available for commercial purposes personally identifiable + information of any Subscriber or Subscribers, or any information + which identifies the individual viewing habits of any Subscriber or + Subscribers. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 30 COMPLIANCE WITH FCC REGULATIONS AND +STANDARDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_30_COMPLIANCE_WITH_FCC_REGULATIONS_AND_STANDARDS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A Franchisee shall comply with all FCC rules, regulations and + technical standards adopted by the FCC which pertain to the + operation of the System. +2. A Franchisee shall maintain at its city or regional office, and make + available for the public inspection, copies of all reporting forms + required to be filed by the FCC, including but not limited to FCC + forms 325 and 395-A. A Franchisee shall provide the City a copy of + all such reports, upon request, within thirty (30) days of the + City\'s request. +3. A Franchisee shall file with the City, upon request, copies of all + complaints, petitions, communications, and orders filed with or + received from the FCC, SEC, EEOC, FAA or other federal or state + regulatory commissions or agencies having jurisdiction over the + Franchisee and its operation of a System. In addition, the + Franchisee shall provide the same information on all lawsuits or + proceedings in which the Franchisee is a named party and the + proceedings, litigation or filing involves the Franchisee\'s + operations within the City. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 31 COMPLIANCE WITH APPLICABLE LAWS AND +ORDINANCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_31_COMPLIANCE_WITH_APPLICABLE_LAWS_AND_ORDINANCES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. A Franchise granted hereunder shall be subject to all applicable + provisions of the laws of the United States, the State of Oklahoma + and City ordinances, and any amendments thereto. +2. The Franchisee shall, at all times during the life of a Franchise, + be subject to all lawful powers of the State of Oklahoma and the + City and to such reasonable regulations of general applicability as + the State and City shall hereafter provide. +3. The Franchisee shall conform to all zoning and platting requirements + of the City prior to the commencement of any and all construction + work. +4. The Franchisee shall obtain building permits for all buildings + constructed, pay all building permit fees, tap charge fees, and all + other fees as required by the ordinances of the City and at the + rates that are in full force and effect at the time of Application + for building permits. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 32 REVOCATION OR TERMINATION OF +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_32_REVOCATION_OR_TERMINATION_OF_FRANCHISE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. In addition to all other rights and powers pertaining to the City by + virtue of a Franchise or otherwise, the City reserves the right to + revoke, terminate and cancel the Franchise and all rights and + privileges of the Franchisee hereunder in the event that the + Franchisee: + 1. Violates any material provision of this Ordinance or a Franchise + Agreement, or any material rule, order, or determination of the + Council made pursuant to this Ordinance or the Franchise + Agreement, except where such violation is without fault or + through excusable neglect. + 2. Executes an assignment for the benefit of creditors or is a + party to an appointment of a receiver or trustee to control the + business of the Franchisee, whether in a receivership, + reorganization bankruptcy, or other action or proceeding which + indicate the Franchisee is insolvent or unable to pay its debts + as they accrue; provided, if such assignee, receiver or trustee + executes an agreement, approved by the court having + jurisdiction, assuming and agreeing to be bound by the terms and + condition of this Ordinance and the Franchise Agreement the + Council may approve the continuation of the Franchise during + such appointment. + 3. Practices any finally adjudicated fraud or deceit upon the City + or its citizens. + 4. Disposes of any of the facilities or property of its System to + prevent the City from purchasing same, as provided for herein. + 5. Is a party to foreclosure or other judicial sale of facilities, + equipment or property of Franchisee unless the City approves the + transfer of the Franchise to the successful bidder in accordance + with the provisions of this Ordinance and the successful bidder + agrees with the City to be bound by this Ordinance and the + Franchise Agreement. +2. Upon the occurrence of any event in this section or any other + section providing for termination, the City Manager shall make + written demand by registered mail that the Franchisee correct or + cure such default. If the Franchisee fails, refuses or neglects to + comply or commence compliance with the demand which is within the + control of the Franchisee for a period of thirty (30) days following + receipt of such written demand, the City Manager may place a request + for revocation of the Franchise on a regular or special Council + meeting agenda. The City Manager shall cause to be served upon the + Franchisee, at least ten (10) days prior to the date of such Council + meeting, a written notice of his intent to request such revocation, + and the time and place of the meeting. +3. The Council shall consider the request of the City Manager and + shall, after notice, hear any Persons interested therein, including + giving the Franchisee a full and fair opportunity to be heard, and + shall determine, in its discretion, after due consideration of any + and all evidence presented, whether or not any failure, refusal or + neglect by the Franchisee constitutes cause for revocation of the + Franchise. Subject to applicable federal and state law, in the event + the City, after such hearing, determines that Franchisee is in + default of any material provision of this Ordinance or the Franchise + Agreement, the City may: + 1. Commence an action at law for monetary damages or seek other + equitable relief; + 2. Declare the Franchise to be terminated; or + 3. Seek specific performance of any provision, which reasonably + lends itself to such remedy, as an alternative to damages or + termination of the Franchise. + + The Franchisee shall not be relieved of any of its obligations to + comply promptly with any provision of the Franchise by reason of any + failure of the City to enforce prompt compliance. Franchisee may + appeal any determination of the City that Franchisee is in default + to any court of competent jurisdiction. +4. The Franchisee shall not be held in default with any provision of + its Franchise or this Ordinance, nor suffer any enforcement or + penalty relating thereto, where such alleged default is caused by + acts of God, power outages, or other events reasonably beyond the + power of the Franchisee to control. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 33 PERIODIC +REVIEWS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_33_PERIODIC_REVIEWS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. During the ninety (90) day period which commences on every five year + anniversary date of the effective date of a Franchise, the City may + commence a review of the System to determine the technological and + economic feasibility of incorporating new technology into the design + and/or upgrading channel capacity for the System; to review + Subscriber service standards; to review the performance of the + Franchisee as to compliance with the terms and conditions of its + obligations under this Ordinance and the Franchise Agreement and to + correct any defaults; to conduct inquiries into any issue deemed + pertinent to the review by the Council; to review PEG channel use; + the Franchise System design; and, if the FCC rules and regulations + are eliminated and not replaced, to review and require standards as + may be necessary. +2. A Franchisee shall provide the City with such records and + information which may be reasonably necessary to conduct the review. +3. In the event the City commences a review of the System as provided + in paragraph (a) of this Section 33, the City shall conduct public + hearings to provide Franchisee and the public the opportunity to + comment on the issues which are to be considered in said review, and + shall consider whether a change in the Franchise requirements is + appropriate to meet the reasonable cable related needs and interests + of the community, after considering the costs of meeting those needs + and interests. +4. At the conclusion of each performance evaluation, which shall be no + later than ninety (90) days following commencement of the review, + the City shall advise the Franchisee of any defaults or any + obligations of the Franchisee and the requirements to cure as + provided in this Ordinance. Further, the City may submit + recommendations to the Franchisee for action to improve Cable + Service. The City and the Franchisee may agree on changes in the + Franchise Agreement necessary to correct problems existing at the + time of the review. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 34 DESCRIPTIVE +HEADINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_34_DESCRIPTIVE_HEADINGS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +The headings of the sections of this Ordinance are descriptive only. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: phx-name +[APPENDIX 2 SECTION 35 CHOICE OF LAW, VENUE AND ATTORNEYS +FEES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_35_CHOICE_OF_LAW,_VENUE_AND_ATTORNEYS_FEES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Except as otherwise provided herein, this Ordinance and any + Franchise Agreement shall be governed by the laws of the State of + Oklahoma. The District Court of Cleveland County and the United + States Court for the Western District of Oklahoma shall have venue + and jurisdiction exclusively for any action in law or equity which + may be instituted to enforce the terms of this Ordinance, the + Franchise Agreement or other applicable laws, rules and regulation. +2. If any legal action is instituted by either party to enforce any + terms of this Ordinance or the Franchise Agreement, the attorney + fees, costs of the action including, but not limited to, court + costs, expert witness fees and all other actual expenses incurred by + the prevailing party, shall be paid by the losing party. + +(Ord. No. 398(02), 12-16-2002) + +
+ +::: {.phx-name .phx-break} +[APPENDIX 3 GAS +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_3_GAS_FRANCHISE){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +::: toc +[SECTION 1 +DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_1_DEFINITIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[SECTION 2 GRANT OF +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_2_GRANT_OF_FRANCHISE){.k-link +target="_blank" style="color:#0000EE"}\ +[SECTION 3 FRANCHISE ASSIGNMENT, SALE OR +LEASE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_3_FRANCHISE_ASSIGNMENT,_SALE_OR_LEASE){.k-link +target="_blank" style="color:#0000EE"}\ +[SECTION 4 USE AND REPAIR OF THE PUBLIC +WAYS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_4_USE_AND_REPAIR_OF_THE_PUBLIC_WAYS){.k-link +target="_blank" style="color:#0000EE"}\ +[SECTION 5 REGULATION OF +SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_5_REGULATION_OF_SERVICE){.k-link +target="_blank" style="color:#0000EE"}\ +[SECTION 6 DEPTH OF +PIPELINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_6_DEPTH_OF_PIPELINES){.k-link +target="_blank" style="color:#0000EE"}\ +[SECTION 7 DUTY TO MOVE OR ALTER +LINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_7_DUTY_TO_MOVE_OR_ALTER_LINES){.k-link +target="_blank" style="color:#0000EE"}\ +[SECTION 8 INDEMNIFICATION OF +GRANTOR](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_8_INDEMNIFICATION_OF_GRANTOR){.k-link +target="_blank" style="color:#0000EE"}\ +[SECTION 9 GRANTEE'S RULES AND +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_9_GRANTEE’S_RULES_AND_REGULATIONS){.k-link +target="_blank" style="color:#0000EE"}\ +[SECTION 10 INSPECTION OF +RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_10_INSPECTION_OF_RECORDS){.k-link +target="_blank" style="color:#0000EE"}\ +[SECTION 11 CONSIDERATION FOR FRANCHISE: FRANCHISE +FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_11_CONSIDERATION_FOR_FRANCHISE:_FRANCHISE_FEE){.k-link +target="_blank" style="color:#0000EE"}\ +[SECTION 12 CONDITIONS OF +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_12_CONDITIONS_OF_FRANCHISE){.k-link +target="_blank" style="color:#0000EE"}\ +[SECTION 13 INVALIDITY OF +ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_13_INVALIDITY_OF_ORDINANCE){.k-link +target="_blank" style="color:#0000EE"}\ +[SECTION 14 ELECTION +REQUIRED](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_14_ELECTION_REQUIRED){.k-link +target="_blank" style="color:#0000EE"}\ +[SECTION 15 ACCEPTANCE, OPERATIVE AND EFFECTIVE DATE; +EMERGENCY](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_15_ACCEPTANCE,_OPERATIVE_AND_EFFECTIVE_DATE;_EMERGENCY){.k-link +target="_blank" style="color:#0000EE"}\ +\ + +
+ +::: phx-name +[SECTION 1 +DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_1_DEFINITIONS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +SECTION 1. DEFINITIONS + +1. As used in this Ordinance, the following words and phrases shall + have the following meanings: "Calculated Value" shall mean the total + Transport Gas measured in Dekatherms (Dth), delivered to a transport + Gas Consumer for a billing period, multiplied by the Settlement + Price to arrive at the value of the Transport Gas transported by + Grantee for that Transport Gas Consumer. +2. "Consumer" shall mean any individual person, corporation, company, + partnership, firm, unincorporated association, trust, municipality, + or public or private entity located within the municipal corporate + limits of the City and serviced by the Grantee through any use of + the Public Ways. +3. \"Dekatherm" or "Dth" shall mean a measurement of natural gas equal + to 1,000,000 British Thermal Units ("Btu"), or 1 MMBtu, on a dry + basis. Btu shall be computed on a temperature base of 60 degrees + Fahrenheit and a pressure base of 14.73 PSIA. +4. \"Distributed" or "Distribution" shall mean all sales, distribution, + or transportation of natural gas to any Consumer or user located + within the municipal corporate limits of the City by the Grantee or + by others through Grantee's Distribution System. +5. "Distribution System" shall mean a system of works, pipes, + pipelines, apparatus, machinery, structures, appliances and + appurtenances as are reasonably necessary for the transportation, + distribution or sale of gas to Consumers. +6. "Franchise" shall mean the rights and privileges granted by Grantor + to Grantee under Subsection A of Section 2 of this Ordinance. +7. "Franchise Fee" or "Franchise Fees" shall mean the sum of fees to be + paid to the City by Grantee under Section 11 of this Ordinance, at + Paragraph A(1), as consideration for the use of the Public Ways and + shall be inclusive or in lieu of any permit fees, lane closure fees + and similar fees or charges for construction, installation, + maintenance or restoration work on the Distribution System with the + Public Ways. +8. "Grantee" shall mean ONE Gas, Inc., a corporation acting by and + through its Oklahoma Natural Gas Company division, and its + successors and assigns. +9. "Grantor" shall mean the City of Moore, Oklahoma, a municipal + corporation, hereinafter also referred to as the "City". +10. "Gross Receipts" shall mean any and all compensation derived by + Grantee directly from the Distribution of natural gas to a Consumer + for any use, including residential, industrial and commercial + purposes, and shall include without limitation revenues from any + operation or use of any or all of the Distribution System by Grantee + or others. Gross Receipts shall not include revenues received by + Grantee from Consumers as franchise fee reimbursement nor Volumetric + Rate Fees collected by Grantee and remitted to Grantor in accordance + with Paragraph 11.A(2) pursuant to an ordinance enacted by Grantor + according to Paragraph 3.B(1) hereof, nor shall Gross Receipts + include revenues from incidental charges or miscellaneous fees not + directly generated by the Distribution of natural gas to Consumers, + such as, by way of example, connection and disconnection fees, + reconnection fees, customer project contributions, returned check + charges, delayed or late payment charges, temporary service charges, + and other such charges. +11. "Install, operate and maintain" shall mean to acquire, erect, + construct, install, extend, repair, remove, relocate, replace, or + otherwise operate and maintain. +12. "Public Ways" shall mean any street, alley, avenue, boulevard, lane, + park, parkway, sidewalk, driveway, public right of way, and any + other public ways, places, areas, or grounds within the municipal + corporate limits of the City as now constituted or as may be added + or extended hereafter. +13. "Settlement Price" shall mean the settlement prices for natural gas + futures contracts traded on the New York Mercantile Exchange + (NYMEX), or any successor exchange or index, on the 15th day of each + month as published daily in The Wall Street Journal (WSJ) on the + following business day (or the next day in which a Settlement Price + is published) for each month of the twelve-month period immediately + following. +14. "Transportation Tariff Arrangement" shall mean any arrangement + between Grantee and a Consumer pursuant to which natural gas owned + by any party other than the Grantee shall be transported, + distributed or sold through any portion of Grantee's Distribution + System and under one of Grantee's tariffs or special contract for + delivery to the Consumer. +15. "Transport Gas" shall mean all natural gas transported by Grantee + pursuant to a Transportation Tariff Arrangement or by other + agreement, but not sold by Grantee though Grantee's Distribution + System to any Consumer or user located within the municipal + corporate limits of the City. +16. "Transport Gas Consumer" shall mean a Consumer which uses Transport + Gas. +17. \"Volumetric Rate" shall mean Three Percent (3%) of the Calculated + Value of Transport Gas as determined by Grantee in accordance with + the provisions of this definition. The Volumetric Rate Calculation + Form incorporated herein as Exhibit "A" shall be used for the + calculation of the Volumetric Rate; provided, that the Grantor + enacts an ordinance as described in Paragraph 3.B(1) below, the + three percent (3%) multiplier labeled "3% Bundled Franchise Fee + Rate" set forth on "Exhibit A" shall be completed by Grantee and + filed with the City Clerk of the City upon Grantee's acceptance of + this franchise and annually by each July following acceptance. The + calculation filed upon Grantee's acceptance of this franchise shall + be effective from the date of such filing through and including + December 31 of the next succeeding calendar year. The calculation + filed by Grantee on July 31 in years following the year of + acceptance of this franchise shall be effective on January 1 of the + next succeeding calendar year through and including December 31 of + such calendar year. The calculation shall be subject to review by + the City for mathematical correctness and the City shall notify + Grantee in writing within forty five (45) calendar days after + submission if the City deems such calculation to be incorrect. The + volumetric rate calculation shall be based on the average of the + average Settlement Prices for the twelve month period beginning in + July of the immediately preceding year and ending in June + immediately preceding the July 31 calculation. The average + Settlement Prices for each month during said twelve-month period + shall be calculated by adding the Settlement Prices for such month + and the previous eleven (11) months as published and dividing by + twelve. The average Settlement Prices for each of the twelve months + shall then be summed and divided by twelve to determine the average + of the average Settlement Prices and then multiplied by three + percent (3%) to obtain the Volumetric Rate; provided, in the event + the then-current average of the average Settlement Prices as + calculated above and entered on the Volumetric Rate Calculation + Form, attached as Exhibit A (see line designated on Exhibit "A" as + "settlement price average"), exceeds the Index price for ONEOK Gas + Transportation, L.L.C., that is listed in the issue of Platt's + "Inside FERC's Gas Market Report" published on the first business + day of the respective month ("Platt's Index price"), then the + Platt's Index price shall be used to calculate the Volumetric Rate + for that delivery month in lieu of the average of the average + Settlement Prices entered on the Volumetric Rate Calculation Form + (Exhibit A) (i.e., for that respective delivery month, the + Volumetric Rate shall be determined by taking the Platt's Index + price and multiplying that price by 3% or the then applicable + increased percentage determined in the same manner set out in + Paragraph 11.A(2) of this franchise). +18. "Volumetric Rate Fee" or "Volumetric Rate Fees" shall mean the fee + or fees based on the Volumetric Rate to be collected and remitted to + the City by Grantee as required by Paragraph 11.A(2) of this + franchise upon the enactment of an ordinance as described in + Paragraph 3.B(1). + +\ + +
+ +::: phx-name +[SECTION 2 GRANT OF +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_2_GRANT_OF_FRANCHISE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +\ + +1. The Grantor hereby grants to Grantee for the term of + twenty-five (25) years from the passage and voter approval of this + Ordinance and the filing of a written acceptance by the Grantee, the + right to enter upon the Public Ways to install, operate and maintain + a Distribution System along, across, over and under the Public Ways + for the privilege of transporting, distributing and/or selling gas + to consumers and the public generally within the municipal corporate + limits of the City. +2. The Ordinance shall have the effect of and shall be a contract + between Grantor and Grantee and shall be the measure of the rights + and liabilities of Grantor as well as Grantee. +3. The franchise granted by this Ordinance is not exclusive and nothing + herein shall be construed to divest the Grantor of its control and + regulation of the Public Ways. + +\ + +
+ +::: phx-name +[SECTION 3 FRANCHISE ASSIGNMENT, SALE OR +LEASE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_3_FRANCHISE_ASSIGNMENT,_SALE_OR_LEASE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Grantee shall not have the right to assign, sell, lease, or + otherwise transfer in any manner whatsoever to any third party not + affiliated with Grantee the rights and privileges granted under this + Ordinance except as hereinafter provided. Any assignment, sale, + lease, or other transfer by the Grantee of the franchise granted + herein to any third party not affiliated with Grantee shall be + ineffective and void unless: + 1. The proposed assignment, sale, lease or transfer shall be in + writing + 2. The prospective assignee, buyer, lessee or other transferee + shall agree in writing to accept and become responsible for full + performance of all conditions, covenants, obligations, and + liabilities contained in this Ordinance; and + 3. Such writing shall be submitted to the City Clerk of the City. + This Subsection shall not apply to any arrangement which is in + compliance with the provisions of Subsection B of this Section. + This Section shall not apply to the use of any portion of + Grantee's distribution system for the transportation, + distribution or sale to any Consumer purchasing, receiving and + using natural gas outside the municipal corporate limits of the + City. +2. After the operative date of this ordinance, Grantee shall have the + right to enter into or continue to operate pursuant to any + "Transportation Tariff Arrangement" or to enter into or continue any + arrangement by which natural gas owned by any party other than + Grantee shall be transported, distributed or sold through any + portion of Grantee's Distribution System for delivery to any + Consumer located within the municipal corporate limits of the City, + subject to the following: + 1. Should Grantor, by separate ordinance, require persons + transporting gas pursuant to a Transportation Tariff Arrangement + to pay compensation to Grantor for use of the Public Ways in + connection with the sale of Transport Gas, said compensation + shall be calculated as a Volumetric Rate Fee and collected and + remitted by Grantee as provided in Paragraph 11.A(2) of this + ordinance; + 2. The Transport Gas Consumer shall have obtained a license from + the Grantor, if the Grantor shall have a licensing ordinance in + effect, for the use of the Public Ways in connection with such + transport of natural gas, and the Grantor shall have notified + the Grantee in writing of such license. + +\ + +
+ +::: phx-name +[SECTION 4 USE AND REPAIR OF THE PUBLIC +WAYS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_4_USE_AND_REPAIR_OF_THE_PUBLIC_WAYS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Grantee's Distribution System shall be erected, placed, and laid or + otherwise installed, operated and maintained in such a manner as + will, consistent with reasonable necessity, least interfere with + other public uses of the Public Ways. +2. Before Grantee shall excavate or disturb the surface of any Public + Way, except in the case of emergency, at least forty-eight (48) + hours notice shall be given to the City's Engineer, Public Works + Director or other proper authority designated in writing by the + Grantor. After such excavation or disturbance, the Grantee shall, + with due diligence and dispatch, place the Public Way in a condition + in compliance with the Grantor's reasonable standards and + specifications. +3. Upon Grantee's failure to commence or complete any construction, + maintenance or restoration work required by this Ordinance with due + diligence and dispatch, the Grantor may cause such work to be done + after written notice to Grantee, given so as to afford Grantee an + opportunity to commence and complete such work within a reasonable + time. The cost of such construction, maintenance or restoration + incurred by Grantor upon Grantee's failure shall then be charged and + collected from the Grantee. +4. Grantor reserves the right to make and enforce reasonable + regulations concerning the construction of Grantee's Distribution + System located within, along, across, over, or under the Public Ways + and to reasonably designate where the Distribution System's works + and pipelines shall be placed, so long as such regulations are not + in conflict with the laws of the State of Oklahoma and the United + States or the orders, rules or regulations of the Oklahoma + Corporation Commission or other regulatory authority having + jurisdiction over Grantee + +\ + +
+ +::: phx-name +[SECTION 5 REGULATION OF +SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_5_REGULATION_OF_SERVICE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. The Distribution System of the Grantee shall at all times be + installed, operated and maintained in accordance with accepted good + practice and in such condition as will enable the Grantee to furnish + adequate and continuous service as required by the orders, rules and + regulations of the Oklahoma Corporation Commission or other + regulatory authority having jurisdiction. The requirements set forth + in this Section shall not relieve Grantee of any other obligations + set forth herein. +2. In the event that the Oklahoma Corporation Commission or other state + regulatory authority shall be deprived of the authority to regulate + Grantee, then Grantor shall have the authority to set rates, terms + and conditions of service for transportation, distribution or sale + of natural gas by Grantee within the municipal corporate limits of + the City. + +\ + +
+ +::: phx-name +[SECTION 6 DEPTH OF +PIPELINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_6_DEPTH_OF_PIPELINES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +After the operative date of this franchise, Grantee's main or lateral +lines installed or replaced in Public Ways shall be installed or +replaced at depths which comply with all applicable state and federal +rules and regulations establishing minimum safety standards for the +design, construction, maintenance and operation of pipelines. Depth +shall be measured from the lower of existing grade or proposed future +grade as set forth on plans or other specifications existing at the time +such lines are installed or replaced.\ + +
+ +::: phx-name +[SECTION 7 DUTY TO MOVE OR ALTER +LINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_7_DUTY_TO_MOVE_OR_ALTER_LINES){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. Grantor reserves the right to lay or permit to be laid cables, + electric conduits, water, sewer, gas or other pipelines and to do or + permit to be done any underground work deemed necessary and proper + by the Grantor, along, across, over or under the Public Ways. In + permitting such work to be done, the Grantor shall not be liable to + the Grantee for any damage to Grantee's pipeline unless Grantor or + its agents or contractors are negligent in causing said damage. +2. Whenever by reason of establishing a grade or changes in the grade + of any street or in the location or manner of construction of any + public way, cables, electric conduits, water, sewer, gas or other + underground structures, it shall be deemed necessary by the Grantor + to alter, change, adapt or conform any portion of Grantee's + Distribution System located in the Public Ways, such alterations or + changes shall be made within a reasonable time by the Grantee, as + ordered in writing by the Grantor, without claim for reimbursement + or compensation for damages against Grantor; provided, however, that + this Section is not intended to require Grantee to alter, change, + adapt or conform any portion of its Distribution System without + reimbursement or compensation where the right to locate the same, + whether by private right-of-way grant, utility easement or + otherwise, was acquired prior to its location in the public way. +3. If Grantor shall require the Grantee to adapt or conform its + Distribution System or in any way to alter, relocate or change its + property to enable any other person, firm, corporation or entity + (whether public or private), other than the Grantor, to use the + Public Ways, the Grantee shall be reimbursed by the person, firm + corporation or entity desiring or occasioning such change for any + and all loss, cost or expense occasioned thereby. +4. "Person," "firm," "corporation," and "entity" as used in Subsection + C of this Section shall not include regular departments of the + Grantor, or any trust or authority formed by or for the benefit of + Grantor for public utility purposes, but shall include any other + agency or authority of the City, whether acting in a governmental or + non-governmental capacity, including, but not limited to, any urban + renewal authority, or any other agency or authority, which as a part + of its program clears whole tracts of land within the municipal + corporate limits and relocates citizens for the purpose of urban + development or similar aims. + +\ + +
+ +::: phx-name +[SECTION 8 INDEMNIFICATION OF +GRANTOR](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_8_INDEMNIFICATION_OF_GRANTOR){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[SECTION 9 GRANTEE'S RULES AND +REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_9_GRANTEE’S_RULES_AND_REGULATIONS){.k-link +style="margin-bottom:15px; color:#0000EE;" target="_blank"} +::: + +
+ +\ + +
+ +::: phx-name +[SECTION 10 INSPECTION OF +RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_10_INSPECTION_OF_RECORDS){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +Grantee shall permit Grantor or its agents to inspect, during regular +business hours, the books, papers and records kept by Grantee in the +ordinary course of business and pertaining to the natural gas business +carried on by it in the City, such as plats, maps and atlases +identifying Grantee's pipelines in the City, and the books and records +necessary to verify the franchise fee payment provided for in Section 11 +hereof. Notwithstanding the obligation herein, Grantee shall have the +right to request the reasonable protection of proprietary information +and to provide redacted documents or require Grantor or its agents to +enter into such agreements pertaining to confidentiality as may +reasonably protect the proprietary information of Grantee but which do +not unreasonably frustrate the purposes of this Section. Grantor shall +promptly notify Grantee in writing of areas newly annexed into or +de-annexed from the corporate limits of Grantor, and Grantee shall +update its records for the purpose of payment of franchise fees as soon +as reasonably practicable after receiving such notice.\ + +
+ +::: phx-name +[SECTION 11 CONSIDERATION FOR FRANCHISE: FRANCHISE +FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_11_CONSIDERATION_FOR_FRANCHISE:_FRANCHISE_FEE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +1. In consideration for the rights and privileges enjoyed under this + franchise, Grantee agrees to pay Grantor as follows: + 1. Grantee shall pay Grantor a franchise fee the sum of which is + equal to Three Percent (3%) of the Gross Receipts received by + Grantee, per billing period, from the transportation, + distribution, and sale of natural gas for domestic, commercial + or industrial consumption within the municipal corporate limits + of the City. All sums due from Grantee shall be in lieu of all + other franchise, license, or occupational taxes or fees, which + may be levied or attempted to be levied on Grantee by the City. + 2. In the event that Grantor, pursuant to Paragraph 3.B(1) of this + ordinance, requires persons transporting gas pursuant to a + Transportation Tariff Arrangement to pay compensation to Grantor + for use of the Public Ways in connection the sale of Transport + Gas, said compensation shall be calculated as a Volumetric Rate + fee for such Transport Gas, which shall be the sum equal to the + then current Volumetric Rate multiplied by the number of Dth of + Transport Gas reported or distributed through Grantee's + facilities within the municipal corporate limits of the City by + Grantee or by any third-party to transport customers for + consumption within the City. Grantee will in that event collect + such Volumetric Rate Fees from persons transporting gas pursuant + to a Transportation Tariff Arrangement and remit the same to + Grantor. +2. In the event a customer of Grantee does not pay a monthly bill from + Grantee in full, Grantee shall prorate its payments of remissions to + the City for sums due on that particular bill so that the amount + actually paid by the customer to Grantee on the bill is distributed + to Grantee for the natural gas commodity and transportation or + distribution service and to the City for sums due on the bill in + proportion to the percentage of the total bill actually paid by the + customer. In the event Grantee actually collects any outstanding + amounts due on a past due, unpaid or partially paid monthly bill to + a customer, then Grantee shall pay Grantor its proportionate share + of sums due to the City on such bill. +3. Grantee's franchise fee based upon a percentage of gross cash + receipts or a volumetric rate shall be payable monthly on or before + the 25th day of each month, on its gross cash receipts for the + preceding calendar month. +4. All sums due from Grantee under this Section shall be in lieu of all + other franchise, license, or occupation taxes or fees, which may be + levied or attempted to be levied on Grantee by the City. +5. The City's chief administrative officer or his designee may waive + the Volumetric Rate Fee or any part thereof due from a Transport Gas + Consumer, but such waiver shall only be granted if: + 1. The Transport Gas Consumer could otherwise obtain its energy + needs from another source that would not be subject to the fees + imposed in Subparagraph 2 of Subsection 11.A above and + sufficient evidence is produced by the Transport Gas Consumer so + as to substantiate such alternative source; and + 2. Such alternative source, including all other fees, would be less + than the cost of utilizing Grantee to furnish and transport the + gas or transport alone, as the case may be. +6. Grantee shall update its records for the purpose of franchise fee + payments as soon as reasonably practicable after receiving such + notice. +7. In the event the accounting rendered to Grantor by Grantee is found + to be incorrect, then payment shall be made on the corrected amount, + it being agreed that Grantor may accept amount offered by Grantee, + but the acceptance thereof by Grantor shall not be deemed a + settlement of such item if the amount is in dispute or later found + to be incorrect. Grantee shall have no obligation, however, to make + payment upon Transport Gas for which Grantee has not been paid. + Grantee shall provide notice to Grantor of such delinquent accounts + within ninety (90) days and Grantor shall hold Grantee harmless from + the cost or liability for the collection of franchise fees on such + delinquent accounts. +8. Grantor agrees that the franchise fee percentage rate set forth in + Subsection 11.A, at Paragraphs (1) and (2), of this Ordinance shall + in no event exceed the percentage rate hereafter approved to + calculate any fee paid to Grantor by any other person or entity for + use of the Public Ways if such fee or volumetric rate is based in + any way on the amount of revenues or gross receipts from the + transportation, distribution, or sale of natural gas or electric + energy, excluding any municipally-owned electric utility, by such + other person or entity to ultimate Consumers within the City. If at + any time after the effective date of this Ordinance the fee or rate + required to be paid by another is less than the percentage rate set + forth in Paragraphs A(1) or (2) of Section 11, then the percentage + rate set forth in Paragraphs A(1) or (2) of Section 11 of this + Ordinance shall be reduced to equal such lesser percentage rate on + the date such lesser percentage rate becomes effective and without + any further action by the City or the qualified electors residing + therein. + +\ + +
+ +::: phx-name +[SECTION 12 CONDITIONS OF +FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_12_CONDITIONS_OF_FRANCHISE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[SECTION 13 INVALIDITY OF +ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_13_INVALIDITY_OF_ORDINANCE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[SECTION 14 ELECTION +REQUIRED](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_14_ELECTION_REQUIRED){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +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.\ + +
+ +::: phx-name +[SECTION 15 ACCEPTANCE, OPERATIVE AND EFFECTIVE DATE; +EMERGENCY](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_15_ACCEPTANCE,_OPERATIVE_AND_EFFECTIVE_DATE;_EMERGENCY){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +In the event this Ordinance is approved by a majority vote of said +electors voting thereon at said election, the Grantee shall file with +the City Clerk, within thirty days after the official canvass of the +votes and declaration by the City Council of the results thereof, a +written acceptance. This Ordinance shall become operative on the date of +filing of such acceptance. + +An emergency is hereby declared to exist by reason of the fact that no +other person, firm or corporation has a franchise to furnish natural gas +to residents and inhabitants of the City, and for the preservation of +the public peace, health and safety, and by reason whereof this +Ordinance shall be effective immediately from and after its passage, +approval and publication. + +\ + +
+ +::: {.phx-name .phx-break} +[STATE LAW REFERENCES +TABLE](https://moore.municipalcodeonline.com/book?type=ordinances#name=STATE_LAW_REFERENCES_TABLE){.k-link +style="margin-bottom:15px; color:#000;" target="_blank"} +::: + +
+ +This table shows the location within the Charter and Code, either in the +text or notes following the text, of references to Oklahoma Statutes +(O.S.). + + ----------------------- ------------------------------------------------------------------- ----------------------- + O.S. Title Section Section 2018 Code + + 2 7-401 et seq. Pt. 8, Ch. 6, Art. B + + \ [[\--]{style="white-space: normal;"}]{color="#000000" 8-621 + face="source-serif-pro, serif" + mce-style="color: #000000; font-family: source-serif-pro, serif;" + style="color: #000000; font-family: source-serif-pro, serif;"} + + \ 10-9.1 et seq. 8-102 + + \ 20-40 et seq. 8-102 + + 7 11-902 15-520 + + \ 11 15-1712 + + \ 12 15-1712 + + \ 19.11 11-115 + + 9 1301 - 1340 6-116 + + 10 401 et seq. 8-702 + + \ \-- Pt. 9, Ch. 4 + + 10A 2-2-103 6-132 + + \ 2-5-205 10-802 + + 11 1-102\ 8-205 + + \ \--\ 8-213 + + \ \--\ 8-303 + + \ \--\ 8-305 + + \ 14-101 et seq.\ 15-303 + + \ 14-107 5-201 + + \ \--\ 5-204 + + \ \--\ 5-206, 5-207 + + \ \--\ 5-209 + + \ \--\ 5-301 + + \ \--\ 5-401 + + \ \--\ 5-501 + + \ \--\ 5-601 + + \ \-- 5-901 + + \ \--\ 13-101 + + \ \--\ 13-111 + + \ 14-108 1-101 + + \ \--\ 1-103 + + \ 14-109 1-101 + + \ \--\ 1-103 + + \ 14-111 1-108 + + \ 20-101 et seq. 1-302 + + \ 21-101 Pt. 5 (note) + + \ 22-106 Pt. 9 (note) + + \ \--\ Pt. 9, Ch. 1 + + \ 22-107 Pt. 9 (note) + + \ \--\ Pt. 9, Ch. 1 + + \ 22-109 10-510 + + \ 22-110 Pt. 10, Ch. 4, Art. B + + \ \--\ 10-201 + + \ \--\ 10-328 + + \ \--\ 10-403 + + \ 22-111 Pt. 8, Ch.2 + + \ 22-112 8-301 + + \ 22-112 et seq. Pt. 4 (note) + + \ 22-112.1 8-301 + + \ 22-115 et seq. Pt. 4 (note) + + \ \--\ Pt. 4, Ch. 1 + + \ 22-115 4-121 + + \ 22-117 15-531 + + \ 22-121 8-1002 + + \ 26-101 et seq. Pt. 11, Ch. 3 + + \ 27-101 et seq. Pt. 6 (note) + + \ 27-103 6-103 + + \ 27-104 6-201, 6-202 + + \ \--\ 6-206 + + \ 27-105 6-104 + + \ 27-108 6-107 + + \ 27-109 6-106 + + \ 27-110 6-105 + + \ 27-111 6-108 + + \ 27-113 6-123 + + \ 27-114 6-109 + + \ 27-115 6-112 + + \ 27-117 6-113 + + \ \--\ 6-118 + + \ 27-117.1 6-114 + + \ \--\ 6-118 + + \ 27-122 6-129 + + \ 27-123 6-126 + + \ 29-105 Pt.3, Ch. 2, Art. A + + \ 31-101 et seq. Pt. 11, Ch. 2 + + \ 31-101 11-202 + + \ 31-102\ 11-202 + + \ 31-104 - 31-108 11-202 + + \ 33-101 et seq. Pt. 11, Ch. 1 + + \ 34-101 et seq. Pt. 13, Ch.3 + + \ 34-104 Pt. 7, Ch. 8 + + \ \--\ 7-802 + + \ 36-101 et seq. Pt. 14 (note) + + \ 39-103.1 3-115 + + \ 41-101 et seq. Pt. 12 (note) + + \ 48-101 et seq. 2-233 + + \ 49-100.1 et seq. 2-212 + + \ 49-101 et seq. 2-211 + + \ 50-100.1 et seq. 2-221, 2-222 + + \ 50-123 13-311 + + 15 511 et seq. Pt. 7, Ch. 8 + + \ 777.1 et seq. 13-411 + + 18 \-- 7-208 + + \ \-- 7-802 + + 19 531 6-127 + + 21 1 et seq. 10-109 + + \ 41 et seq. 10-101 + + \ 152 10-106 + + \ 153 10-107 + + \ 263 10-610 + + \ 264 10-610\ + + \ 421 et seq. 10-110 + + \ 437 10-603 + + \ 438 10-602 + + \ 441 10-603 + + \ 444 10-601 + + \ 540A 10-608 + + \ \-- 15-1806 + + \ 641 et seq. 10-201 + + \ 641 10-202 + + \ 642 10-203 + + \ 643 10-112 + + \ 649 10-605 + + \ 649.2 10-617 + + \ 650 10-605 + + \ 842.1 et seq. Pt, 9, Ch. 14 + + \ 842.3 Pt, 9, Ch.14 + + \ 856 et seq. 10-516 + + \ 856 et seq. 10-516 + + \ 856.3 Pt. 10, Ch. 7 + + \ 941 et seq. 10-512 + + \ 1021 10-511 + + \ 1029 10-513 + + \ 1030 10-513 + + \ 1040.76 et seq. 10-518 + + \ 1081 10-513 + + \ 1171 10-507 + + \ 1172 10-509 + + \ 1208 8-120 + + \ 1217 10-615 + + \ 1289.1 et seq.\ 10-405 + + \ 1289.6 10-405 + + \ 1289.11 10-204 + + \ 1361 et seq. 10-403 + + \ 1451 et seq. 10-301 + + \ 1503 10-305 + + \ 1518 et seq. 10-508 + + \ 1533 10-610 + + \ 1541.1 et seq. 10-302 + + \ \-- 10-308 + + \ 1551 et seq. 10-325 + + \ 1681 4-142 + + \ 1685 4-141 + + \ 1696 4-143 + + \ 1701 et seq. 10-301 + + \ 1713 10-304 + + \ 1753.3 et seq. 10-322 + + \ \-- pt. 17, Ch. 2 + + \ 1760 10-310 - 10-313 + + \ \-- 10-316 + + \ 1787 10-314 + + \ 1788 10-314 + + \ 1835 et seq. 10-317 + + \ \-- 10-319 + + \ 1851 10-612 + + 22 59 6-116 + + \ 1108 6-116 + + \ 1115 et seq. 6-114 + + \ 1115 6-114 + + \ 1115.1 6-114 + + \ 1261 et seq. Pt. 7, Ch. 8 + + \ \-- 10-512 + + \ 1261 - 1264 7-803 + + \ 1321 et seq. Pt. 7, Ch. 8 + + 25 106 3-115 + + \ 301 et seq. 2-102 + + \ \-- 8-701 + + \ 1451 et seq. Pt. 5, Ch.7 + + 27 27-119 6-301 + + \ \-- 6-304 + + \ 27-120 6-302 + + 27A 2-10-101 et seq. 15-601 + + \ \-- 15-621 + + \ \--\ Pt. 17, Ch. 2 + + 36 \--\ 4-173 + + 37 \--\ Pt. 3 (note) + + \ \--\ 3-103 + + \ 8 10-501 + + \ 163.2 3-211 + + \ \--\ 9-1282 + + \ 163.11 3-211, 3-212 + + \ 213 3-209 + + \ 241 3-206, 3-207 + + \ 243 3-206 + + \ \-- 3-208 + + \ 246 3-206 + + \ \-- 3-212 + + \ 501 et eq. Pt. 3, Ch.1 + + \ 503 Pt. 3, Ch.1\ + + \ 506 9-1282 + + \ 518 3-102 + + \ 518.3 3-115 + + \ 537 3-106 + + \ \-- 3-113 + + \ \-- 3-210 + + \ 537(A)(1) 3-107 + + \ 537(A)(2)\ 3-107 + + \ 537(B)(2)\ 3-108 + + \ \-- 8-701 + + \ 539 Pt. 7, Ch.8 + + \ 554.1 3-102 + + \ 598 3-107 + + \ 600.1 et seq. 10-517 + + 37A 1-103 3-101 + + 38 18.1 6-302 + + 43A 1-103 6-127 + + \ 3-401 et seq. 10-501 + + 47 \-- 15-105 + + \ \-- 15-301 + + \ 1-101 et seq. 15-105 + + \ 1-102 - 1-106 15-101 + + \ 1-107.1 - 1-107.3 15-101 + + \ 1.107.1 - 1-107.4 15-101 + + \ 1-111 15-101 + + \ 1-114 15-101\ + + \ 1-122 15-101\ + + \ 1-125 15-101 + + \ 1-126 15-101\ + + \ 1-128 15-101\ + + \ 1-133 - 1-136 15-101\ + + \ 1-138 15-101\ + + \ 1-141 - 1-143 15-101\ + + \ 1-147 - 1-151 15-101\ + + \ 1-154 - 1-156 15-101\ + + \ 1-158 15-101\ + + \ 1-160 15-101\ + + \ 1-162 - 1-164 15-101\ + + \ 1-167 15-101\ + + \ 1-169 15-101\ + + \ 1-170 15-101\ + + \ 1-173 - 1-175 15-101\ + + \ 1-177-1-180 15-101\ + + \ 1-182 15-101\ + + \ 1-185 15-101\ + + \ 1-186 15-101\ + + \ 5-112 15-602 + + \ 6-107.1 15-520 + + \ 6-107.2 15-520\ + + \ 6-205.1 15-520\ + + \ 6-303 15-521, 15-522 + + \ 6-305 15-522, 15-523 + + \ 7-204 15-102 + + \ 7-330 15-102\ + + \ 7-503 15-102\ + + \ 7-600 - 7-607 15-102\ + + \ 7-601 et seq. 15-102\ + + \ 7-606 15-102\ + + \ 10-104 - 10-107\ 15-1403 - 15-1406 + + \ 10-111 15-1407 + + \ 11-101 et seq. 15-505 + + \ 11-103 15-1804 + + \ 11-104 15-1809 + + \ 11-105 15-1807 + + \ 11-106 15-1806 + + \ 11-201 15-203, 15-204 + + \ 11-202 - 11-206 15-206 - 15-507 + + \ 11-301 - 11-307 15-501 - 15-507 + + \ 11-308 15-1002, 15-1003 + + \ 11-309 15-509 + + \ 11-310 15-511 + + \ 11-311 15-510 + + \ 11-312 15-512 + + \ 11-314 15-545 + + \ 11-315 15-525 + + \ 11-401 15-801 + + \ 11-402 15-802 + + \ 11-403 15-801 + + \ 11-405 15-519 + + \ 11-501 15-1701 + + \ 11-501.1 15-1702 + + \ 11-502 15-1703 + + \ 11-503 15-1706 + + \ 11-504 15-1711 + + \ 11-505 15-1704 + + \ 11-506 15-1709 + + \ 11-507 15-1710 + + \ 11-601 15-901 + + \ 11-603 15-534 + + \ 11-604 - 11-606 15-905 - 15-907 + + \ 11-604 15-901 + + \ 11-701 15-205 + + \ 11-702 15-205 + + \ \-- 15-544 + + \ 11-703 15-807, 15-808 + + \ 11-704 15-810 + + \ 11-705 15-508 + + \ 11-801 15-701 + + \ 11-804 15-704 + + \ 11-805 15-1501 + + \ 11-805.3 15-531 + + \ 11-901 15-514 + + \ 11-901d 15-516 + + \ 11-906.4 15-520 + + \ 11-1003 15-601 + + \ 11-1004 15-621 + + \ 11-1007 15-602 + + \ 11-1101 15-611 + + \ 11-1102 15-535 + + \ 11-1103 15-1501 + + \ 11-1105 15-536 + + \ 11-1108 15-518 + + \ 11-1109 15-517 + + \ 11-1110 15-404 + + \ 11-1112 15-542 + + \ 11-1114 15-540 + + \ 11-1201 15-1601 + + \ 11-1202\ 15-1602 + + \ 11-1203 15-1604 + + \ 11-1204 15-538 + + \ \-- 15-1611 + + \ 11-1205 15-1605 + + \ 11-1301 15-541 + + \ 11-1302 15-546 + + \ 12-101 et seq. 15-301 + + \ 12-201 et seq.\ 15-1610 + + \ 12-201(B) 15-1610 + + \ 12-218 15-1806 + + \ 12-402 15-302 + + \ 12-404 15-304 + + \ 12-417 15-543 + + \ 12-601 et seq. 15-1502 + + \ 12-609(B) 15-1503 + + \ 12-702 - 12-709 15-1610 + + \ 13-102 15-305 + + \ 13-103 15-305 + + \ 14-105 15-402 + + \ 15-102 10-404 + + \ 15-104 et seq. 15-202 + + \ 15-112 15-602 + + \ 15-112(D) 15-602 + + \ 15-112(D)(4) 15-602 + + \ 15-112(D)(5) 15-602 + + \ 47 15-520 + + \ 434 9-701 + + \ 752 15-520 + + \ 754 15-520\ + + \ 759 15-520\ + + \ 761 15-520\ + + \ 901 et seq. 15-1902 + + \ 951 et seq. Pt. 9, Ch. 11 + + \ \-- 9-1102 + + \ 1101 et seq. 15-602 + + \ 1115.1 15-1901 + + \ 1134 15-543 + + \ 1135.1\ 15-602 + + \ 1135.2 15-602 + + 50 1 et seq. Pt. 8 (note) + + \ \-- Pt. 8, Ch. 1 + + \ 1 8-101 + + \ 5 8-105 + + \ \-- 8-107 + + \ 7 8-106 + + \ 12 8-107 + + \ 13 8-108 + + \ 14 8-108 + + \ 15 8-108 + + \ 16 Pt. 8 (note) + + \ \-- Pt. 8, Ch. 1 + + \ \-- 8-109, 8-110 + + 51 24A.1 et seq. 2-301, 2-302 + + \ 121 et seq. 2-201 + + \ 151 et seq. 2-115 + + \ \-- 17-304 + + 59 5-1004 5-1011 + + \ 1000.23 5-201 + + \ \-- 5-204 + + \ \--\ 5-301 + + \ \--\ 5-401 + + \ \--\ 5-501 + + \ \--\ 5-901 + + \ \--\ 13-101 + + \ 1001 et seq. Pt. 3, Ch. 3 + + \ \-- Pt. 5, Ch. 3, Art. B + + \ \-- 5-311 + + \ 1151.1 et seq. Pt. 5, Ch. 3, Art. B + + \ \-- 5-1001 + + \ 1151.2 5-1001 + + \ 1151.5(B) 5-1011 + + \ 1151.14(A) 5-1004 + + \ \-- 5-1006 + + \ \-- 5-1011 + + \ 1330 6-116 + + \ 1332 6-116\ + + \ 1333 6-116\ + + \ 1335 6-116\ + + \ 1501 et seq. Pt. 9, Ch. 8 + + \ 1514 Pt. 9, Ch. 8\ + + \ 1515 9-805 + + \ 1521 et seq. Pt. 9, Ch. 9 + + \ 1525(C) 9-912 + + \ 1527 Pt. 9, Ch. 9\ + + \ 1531 9-912 + + \ 1680 et seq. Pt. 5, Ch. 4 + + \ \-- Pt. 5, Ch. 4, Art. B\ + + \ \-- 5-421 + + \ 1850.1 et seq. Pt. 5, Ch. 5\ + + \ \-- Pt. 5, Ch. 5, Art. B\ + + \ 4200.1 et seq. 9-1241 + + \ 4200.10 Pt. 9, Ch. 12 + + 60 650 et seq. Pt. 7, Ch. 8 + + 61 101 et seq. 7-204 + + 62 601 et seq. 7-105 + + \ 310.1(C) 7-202 + + \ 430.1(B) 7-205 + + 63 1-508 4-162 + + \ 1-1011 8-111 + + \ 1-1101 et seq. Pt. 8, Ch. 6, Art. A + + \ 1-5121 et seq. 8-1202 + + \ \ 10-502 + + \ 1-1522 8-701 + + \ 1-1523 8-702 + + \ 1-1525 8-703 + + \ 1-1901 et seq. 8-702 + + \ 1-2501 et seq. Pt. 9, Ch. 2 + + \ 1-2512(B) 15-101 + + \ 2-101 et seq. 10-502, 10-503 + + \ \-- 15-520 + + \ 2-101(8) 15-520 + + \ 2-101.1 10-503 + + \ 2-405 10-503 + + \ 163.1 et seq. Pt. 3, Ch. 2 + + \ 465.20 10-504 + + \ 683.1 et seq. Pt. 13, Ch. 4 + + \ 683.3 15-101 + + \ 683.4 13-402 + + \ 683.11 Pt. 13, Ch. 4 + + 68 205 7-317 + + \ \-- 7-417 + + \ \-- 7-520 + + \ 217 7-313 + + \ \-- 7-413 + + \ 220 7-314 + + \ \-- 7-414 + + \ 227 7-315 + + \ \-- 7-415 + + \ 301 10-517 + + \ 1310 7-311 + + \ 1350 et seq. Pt. 7, Ch. 3 + + \ \-- 7-303, 7-304 + + \ \-- 7-306 + + \ \-- 7-320, 7-321 + + \ \-- 7-322 + + \ 1352 7-302 + + \ 1401 et seq. Pt. 7, Ch. 4 + + \ \-- 7-405, 7-406 + + \ \-- 7-418, 7-419 + + \ 1401 7-402 + + \ 1408 7-411 + + \ 1501 et seq. Pt. 9, Ch. 10, Art. B + + \ 1621 et seq. 10-328 + + \ 2601 et seq. 7-701 + + \ 2601\ 7-711 + + \ 2701 et seq. Pt. 7, Ch. 3 + + 70 1210.211 et seq. 8-702 + + 72 1 9-701 + + \ 221 et seq. 8-702 + + 75 250 et seq. 5-1004 + + \ \-- 6-206 + + 85A 1 et seq. 5-1004 + + \ \-- 5-1011 + + \ \-- 14-312 + ----------------------- ------------------------------------------------------------------- ----------------------- +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: +::: -- cgit v1.2.3