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.
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.
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.
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.
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.
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.
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)
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.
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)
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:
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.
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.
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)
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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)
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)
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.
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.
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)
If there are no candidates and no questions to be voted upon at a primary or general election, the election shall not be held.
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.
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.
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.
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)
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)
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.
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.
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.
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.
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.
All officers and employees of the city shall be divided into the classified and the unclassified service.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
When the masculine gender is used in this charter, it shall also mean the feminine unless the masculine alone is clearly indicated.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(Prior Code, § 1-4; Code 1999, § 1-102)
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)
(Code 1999, § 1-104)
(Code 1999, § 1-105)
(Prior Code, § 1-2; Code 1999, § 1-106)
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)
| Offense | Code Section |
| Sales tax | 7-316 |
| Hotel tax | 7-525 |
| Eluding a police officer | 10-608 |
| Battery on an officer | 10-605 |
(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
Except as otherwise provided:
(Prior Code, § 1-10, in part; Code 1999, § 1-109)
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)
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)
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)
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)
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)
(Prior Code, § 1-11; Code 1999, § 1-115)
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)
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)
(Code 1999, § 1-202)
(Code 1999, § 1-203)
(Code 1999, § 1-205)
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)
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)
(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.
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)
(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)
(Code 1999, § 2-103; Ord. No. 450, 6-20-1988; Ord. No. 55(93), 6-21-1993)
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)
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)
(Prior Code, §§ 2-81, 2-82, 2-85; Code 1999, § 2-106)
(Prior Code, §§ 2-106—2-108, in part; Code 1999, § 2-107)
(Prior Code, §§ 2-71—2-73; Code 1999, § 2-108)
There shall be such administrative departments, officers, and agencies as the council may establish.
(Code 1999, § 2-109)
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)
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)
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)
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)
(Code 1999, § 2-114; Ord. No. 409, 7-21-1986)
(Code 1999, § 2-115; Ord. No. 466, 10-3-1988)
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)
(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.
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.
(Prior Code, § 9-36, in part; Code 1999, § 2-212)
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.
(Prior Code, §§ 18-26—18-37; Code 1999, § 2-222)
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)
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)
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.
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)
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.
(Code 1999, § 2-302)
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)
(Code 1999, § 2-304)
The following procedures are hereby adopted and shall be applied by each official custodian and record custodian:
(Code 1999, § 2-305)
The following procedures are hereby adopted and shall be applied by every official custodian and record custodian:
(Code 1999, § 2-306)
The following procedures apply regarding copies of records:
(Code 1999, § 2-307)
Where a request has been made for the inspection of an open public record, no fee shall be charged.
(Code 1999, § 2-308)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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:
(Code 1999, § 2-326; Ord. No. 49(93), 2-16-1993)
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)
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)
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)
State Law reference— Alcoholic beverages and low-point beer, 37 O.S.
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.
(Prior Code, § 3-2; Code 1999, § 3-101)
(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.
(Prior Code, §§ 3-42, 3-43; Code 1999, § 3-103)
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)
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)
(Prior Code, § 3-17; Code 1999, § 3-106)
State Law reference— Similar provisions, 37 O.S. § 537.
(Code 1999, § 3-107)
State Law reference— Similar provisions, 37 O.S. §§ 537(A)1, (A)2, 598.
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).
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)
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)
(Prior Code, §§ 3-9, 3-10; Code 1999, § 3-111)
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)
(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.
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)
(Prior Code, § 3-12, in part; Code 1999, § 3-115)
State Law reference— Similar provisions, 37 O.S. § 518.3.
(Prior Code, § 3-19; Code 1999, § 3-116)
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)
State Law reference— Low-point beer, 63 O.S. § 163.1 et seq.
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)
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)
(Prior Code, §§ 3-126, 3-128, 3-129; Code 1999, § 3-203)
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)
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)
(Prior Code, § 3-108; Code 1999, § 3-206)
State Law reference— Similar provisions, 37 O.S. §§ 241, 243, 246.
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.
(Code 1999, § 3-208)
State Law reference— Similar provisions, 37 O.S. § 243.
(Code 1999, § 3-209)
State Law reference— City powers to regulate hours, Sunday hours, 37 O.S. § 213.
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.
No person under 21 years of age shall:
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)
(Code 1999, § 3-212; Ord. No. 31(92), 7-20-1992)
State Law reference— Similar provisions, 37 O.S. § 246.
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)
(Code 1999, § 3-214)
(Prior Code, § 3-109, 3-110; Code 1999, § 3-215)
(Code 1999, § 3-301; Ord. No. 601(07), 11-19-2007)
State Law reference— City powers to regulate animals, 11 O.S. § 22-115 et seq.
State Law reference— City powers to regulate animals, 11 O.S. § 22-115 et seq.
Keeping of fowl is prohibited in the city limits except on property zoned A1 or A2.
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.
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.
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.
State Law reference— City's power to regulate dogs, 11 O.S. § 22-115.
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.
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.
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.
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.
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:
State Law reference— Similar provisions, 21 O.S. § 1681.
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.
State Law reference— State quarantine of animals, 63 O.S. § 1-508.
The animal control officer shall keep or cause to be kept:
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.
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.
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:
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.
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.
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.
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.
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.
State Law reference— General authority to regulate buildings, 11 O.S. § 21-101.
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)
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)
The initial license or registration issued as provided for herein shall be for a term of one year.
(Code 1999, § 5-103)
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)
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)
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)
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)
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)
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)
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)
(Prior Code, §§ 5-55—5-57; Code 1999, § 5-127)
(Prior Code, § 5-68; Code 1999, § 5-128)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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.
(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)
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)
(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.
(Prior Code, § 5-4; Code 1999, § 5-205)
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.
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.
The official designated as being responsible for the enforcement of the city's building codes shall be the building official.
(Code 1999, § 5-208)
(Prior Code, §§ 9-83, 9-84; Code 1999, § 5-209)
State Law reference— Adoption by reference, 11 O.S. § 14-107.
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)
(Prior Code, § 20-93; Code 1999, § 5-211)
(Code 1999, § 5-212; Ord. No. 262(99), 8-16-1999; Ord. No. 751(13), 7-1-2013)
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)
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)
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)
(Code 1999, § 5-224)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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:
(Prior Code, § 5-317; Code 1999, § 5-252; Ord. No. 131(95), 11-2-1995)
(Prior Code, § 5-318; Code 1999, § 5-253)
This article shall hereafter be known and cited as the "fence regulations" of the city.
(Prior Code, § 6-131; Code 1999, § 5-261)
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)
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:
(Prior Code, § 6-135; Code 1999, § 5-263)
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)
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)
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)
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)
(Prior Code, § 6-141; Code 1999, § 5-268)
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)
Application for fence erection permits shall be made upon blanks provided by the building official and shall contain or have attached the following information:
(Prior Code, § 6-143; Code 1999, § 5-270)
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)
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)
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)
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)
(Prior Code,§ 6-148; Code 1999, § 5-275)
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)
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)
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)
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:
(Code 1999, § 5-283; Ord. No. 589(07), 7-16-2007)
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)
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)
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)
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)
(Code 1999, § 5-288; Ord. No. 589(07), 7-16-2007)
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)
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:
(Code 1999, § 5-290; Ord. No. 589(07), 7-16-2007)
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)
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)
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)
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)
(Code 1999, § 5-295; Ord. No. 589(07), 7-16-2007)
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)
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)
State Law reference— The Plumbing License Law of 1955, 59 O.S. § 1001 et seq.
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.
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:
(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)
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)
(Code 1999, § 5-304)
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:
(Code 1999, § 5-305)
(Code 1999, § 5-306)
State Law reference— The Plumbing License Law of 1955, 59 O.S. § 1001 et seq.
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
State Law reference— Electrical License Act, 59 O.S. § 1680 et seq.
(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.
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)
(Code 1999, § 5-403)
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)
(Code 1999, § 5-405)
(Code 1999, § 5-406)
(Code 1999, § 5-407)
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)
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)
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)
(Prior Code, §§ 5-126—5-132, in part; Code 1999, § 5-411)
State Law reference— Electrical License Act, 59 O.S. § 1680 et seq.
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)
(Prior Code, § 5-146, in part; Code 1999, § 5-422)
There shall be one class of electrical registration certificates, which shall be known as follows: Electrical contractor.
(Code 1999, § 5-423)
(Prior Code, § 5-154, in part; Code 1999, § 5-424)
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)
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)
State Law reference— Mechanical Licensing Act, 59 O.S. § 1850.1 et seq.
(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.
(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)
(Code 1999, § 5-503)
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)
(Code 1999, § 5-505)
(Code 1999, § 5-506)
State Law reference— Mechanical Licensing Act, 59 O.S. § 1850.1 et seq.
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)
(Code 1999, § 5-512; Ord. No. 493(89), 9-5-1989)
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)
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)
(Code 1999, § 5-515; Ord. No. 493(89), 9-5-1989)
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)
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)
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)
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)
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)
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)
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)
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)
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)
A mechanical apprentice shall be subject to the following limitations:
(Code 1999, § 5-525; Ord. No. 493(89), 9-5-1989)
(Prior Code, § 6-235; Code 1999, § 5-601)
State Law reference— Adoption by reference, 11 O.S. § 14-107.
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)
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)
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)
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)
State Law reference— Fair housing, 25 O.S. § 1451 et seq.
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)
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)
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:
(Code 1999, § 5-703; Ord. No. 69(94), 1-3-1994)
As made applicable by section 5-703 and except as exempted by sections 5-703(b) and 5-707, it shall be unlawful:
(Code 1999, § 5-704; Ord. No. 69(94), 1-3-1994)
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)
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)
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)
(Code 1999, § 5-708; Ord. No. 69(94), 1-3-1994)
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)
(Code 1999, § 5-710; Ord. No. 69(94), 1-3-1994)
(Code 1999, § 5-711; Ord. No. 69(94), 1-3-1994)
(Code 1999, § 5-712; Ord. No. 69(94), 1-3-1994)
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)
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:
shall be punished as provided in section 1-108.
(Code 1999, § 5-714; Ord. No. 69(94), 1-3-1994)
(Code 1999, § 5-801; Ord. No. 520(05), 10-3-2005)
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.
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:
(Code 1999, § 5-902; Ord. No. 541(06), 10-16-2006; Ord. No. 638(08), 12-15-2008)
State Law reference— Roofing Contractor Registration Act, 59 O.S. § 1151.1 et seq.
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:
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.
(Code 1999, § 5-1002; Ord. No. 689(10), 12-6-2010)
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)
(Code 1999, § 5-1004; Ord. No. 689(10), 12-6-2010)
(Code 1999, § 5-1005; Ord. No. 689(10), 12-6-2010)
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:
(Code 1999, § 5-1006; Ord. No. 689(10), 12-6-2010)
(Code 1999, § 5-1007; Ord. No. 689(10), 12-6-2010)
(Code 1999, § 5-1008; Ord. No. 689(10), 12-6-2010)
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)
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)
(Code 1999, § 5-1011; Ord. No. 689(10), 12-6-2010)
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)
(Code 1999, § 5-1013; Ord. No. 689(10), 12-6-2010)
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)
(Code 1999, § 5-1102; Ord. No. 707(11), 10-17-2011)
(Code 1999, § 5-1103; Ord. No. 707(11), 10-17-2011)
State Law reference— Municipal courts, 11 O.S. § 27-101 et seq.
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)
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)
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.
(Prior Code, § 15-15; Code 1999, § 6-104)
State Law reference— Similar provisions, 11 O.S. § 27-105.
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.
(Prior Code, § 15-16; Code 1999, § 6-106)
State Law reference— Similar provisions, 11 O.S. § 27-109.
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.
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.
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.
(Code 1999, § 6-110)
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)
(Prior Code, §§ 15-20, 15-21; Code 1999, § 6-112)
State Law reference— Similar provisions, 11 O.S. § 27-115.
(Code 1999, § 6-113)
State Law reference— Similar provisions, 11 O.S. § 27-117.
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.
(Prior Code, § 15-22; Code 1999, § 6-115)
(Code 1999, § 6-116)
State Law reference— Similar provisions, 11 O.S. § 27-118.
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)
(Prior Code, § 15-23; Code 1999, § 6-118)
State Law reference— Similar provisions, 11 O.S. § 27-117.
(Prior Code, § 15-24; Code 1999, § 6-119; Ord. No. 408(03), 5-5-2003; Ord. No. 513(05), 8-15-2005)
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)
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)
The defendant must be present in person at the trial of his case in court.
(Prior Code, § 15-27; Code 1999, § 6-122)
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.
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.
(Prior Code, §§ 15-30—15-33; Code 1999, § 6-124)
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)
(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.
(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)
(Prior Code, § 15-29; Code 1999, § 6-128)
(Code 1999, § 6-129)
State Law reference— Similar provisions, 11 O.S. § 27-122.
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)
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)
(Prior Code, § 15-4, in part; Code 1999, § 6-132)
State Law reference— Juvenile jurisdiction, 10A O.S. § 2-2-103.
(Prior Code, § 15-37.1; Code 1999, § 6-133; Ord. No. 349, 12-19-1983)
(Code 1999, § 6-134)
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.
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.
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)
(Prior Code, §§ 15-6, 15-11; Code 1999, § 6-204)
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)
(Prior Code, § 15-13; Code 1999, § 6-206)
State Law reference— Similar provisions, 11 O.S. § 27-104.
(Prior Code, § 15-14; Code 1999, § 6-207)
(Code 1999, § 6-208; Ord. No. 415, 10-20-1986)
(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.
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.
| State of Oklahoma | ) | |
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| County of Cleveland | ) |
(Prior Code, § 15-55; Code 1999, § 6-303)
(Prior Code, §§ 15-56, 15-57, 15-60; Code 1999, § 6-304)
State Law reference— Similar provisions, 27 O.S. § 27-119.
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)
(Prior Code,§§ 15-59, 15-61; Code 1999, § 6-306)
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)
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)
(Prior Code, § 15-62; Code 1999, § 6-309)
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)
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)
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)
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)
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)
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)
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)
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)
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)
(Prior Code, § 2-246; Code 1999, § 7-105)
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.
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)
(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)
(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)
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.
The following may be purchased without giving an opportunity for competitive bidding:
(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)
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)
The city manager may dispose of the following without giving an opportunity for competitively bidding:
(Prior Code, § 2-232; Code 1999, § 7-208; Ord. No. 353(02), 4-1-2002)
(Code 1999, § 7-211)
State Law reference— State sales tax, 68 O.S. § 1350 et seq.; municipal sales taxes, 68 O.S. § 2701 et seq.
This chapter shall be known and may be cited as the "City Sales Tax Ordinance."
(Prior Code, § 21-16; Code 1999, § 7-301)
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)
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)
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)
(Prior Code, § 21-20; Code 1999, § 7-305)
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)
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)
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)
(Prior Code, § 21-26; Code 1999, § 7-314)
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)
(Prior Code, § 21-28; Code 1999, § 7-316)
State Law reference— Vendor's duty to collect tax, 68 O.S. § 1310.
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)
(Prior Code, § 21-31; Code 1999, § 7-318)
(Prior Code, § 21-32; Code 1999, § 7-319)
(Prior Code, § 21-33; Code 1999, § 7-320)
(Prior Code, § 21-34; Code 1999, § 7-321; Ord. No. 416, 11-3-1986)
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)
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)
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)
State Law reference— State use tax, 68 O.S. § 1401 et seq.
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)
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)
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)
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)
The provisions of this chapter shall not apply:
(Code 1999, § 7-405; Ord. No. 21(92), 4-20-1992)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
This chapter shall be known and cited as the "City Hotel Tax."
(Prior Code, § 21-46; Code 1999, § 7-501)
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:
Tax means the tax levied pursuant to this chapter.
(Prior Code, § 21-47; Code 1999, § 7-502)
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)
The following shall be exempt from the tax levied in this chapter:
(Prior Code, § 21-49; Code 1999, § 7-504)
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)
(Prior Code, § 21-50; Code 1999, § 7-506)
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)
(Prior Code, § 21-50; Code 1999, § 7-508; Ord. No. 50(93), 3-1-1993)
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)
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)
(Prior Code, § 21-50; Code 1999, § 7-511; Ord. No. 489, 7-3-1989)
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)
(Prior Code, § 21-50; Code 1999, § 7-513)
(Prior Code, § 21-50; Code 1999, § 7-514)
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)
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)
(Prior Code, § 21-50; Code 1999, § 7-517)
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)
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)
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)
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)
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)
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)
The provisions hereof shall be cumulative and in addition to any and all other taxing provisions of city ordinances.
(Code 1999, § 7-524)
Violations of this chapter are punishable as provided in section 1-108.
(Code 1999, § 7-525)
(Prior Code, § 6-371; Code 1999, § 7-601)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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.
(Prior Code, § 18-46, in part; Code 1999, § 7-801)
(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.
The disposition of seized illegal alcohol and gambling paraphernalia shall be as provided in 22 O.S. §§ 1261—1264.
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)
(Code 1999, § 7-806)
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)
State Law reference— Nuisances generally, 50 O.S. § 1 et seq.; power of city to summarily abate, 50 O.S. § 16.
State Law reference— Nuisances generally, 50 O.S. § 1 et seq.; power of city to summarily abate, 50 O.S. § 16.
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:
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.
(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)
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)
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.
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.
The remedies against a public nuisance are:
(Code 1999, § 8-106)
State Law reference— Similar provisions, 50 O.S. § 5.
The remedies against a private nuisance are:
(Code 1999, § 8-107)
State Law reference— Similar provisions, 50 O.S. § 13.
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)
(Prior Code, § 12-125, in part; Code 1999, § 8-109)
(Prior Code, § 12-151; Code 1999, § 8-110)
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)
(Code 1999, § 8-112; Ord. No. 590(07), 6-18-2007)
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)
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)
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)
(Code 1999, § 8-116)
(Prior Code, § 12-3; Code 1999, § 8-117)
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)
(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.
(Code 1999, § 8-120; Ord. No. 267(99), 11-15-1999)
State Law reference— Cleaning and mowing of property, 11 O.S. § 22-111.
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.
(Code 1999, § 8-201; Ord. No. 453, 7-18-1988)
(Code 1999, § 8-202; Ord. No. 537, 9-4-1990)
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)
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:
(Code 1999, § 8-204; Ord. No. 453, 7-18-1988)
(Code 1999, § 8-205; Ord. No. 453, 7-18-1988)
(Code 1999, § 8-206; Ord. No. 453, 7-18-1988; Ord. No. 198(97), 7-21-1997)
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)
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:
(Code 1999, § 8-208; Ord. No. 453, 7-18-1988; Ord. No. 376(02), 7-15-2002)
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)
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.
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.
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.
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.
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:
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.
State Law reference— Authority to abate dilapidated buildings, 11 O.S. § 22-112 et seq.
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:
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.
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)
The administrative officer may cause dilapidated buildings within the city limits to be torn down and removed, in accordance with the following procedure:
(Prior Code, § 5-28, in part; Code 1999, § 8-303)
In all cases in which:
and in which any of the following conditions exist:
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)
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.
(Code 1999, § 8-305)
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)
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)
(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)
(Code 1999, § 8-403; Ord. No. 460, 8-15-1988; Ord. No. 653(09), 8-8-2009)
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)
A rebuttable presumption shall exist that vehicles have been abandoned or fall within the definition of a junk vehicle when:
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)
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)
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)
(Code 1999, § 8-408; Ord. No. 454, 7-18-1988; Ord. No. 653(09), 8-8-2009)
(Code 1999, § 8-409; Ord. No. 454, 7-18-1988)
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)
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)
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)
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)
(Code 1999, § 8-414; Ord. No. 454, 7-18-1988)
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)
(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)
(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)
(Code 1999, § 8-418; Ord. No. 507, 2-8-1990; Ord. No. 150(96), 4-1-1996; Ord. No. 362(02), 5-6-2002)
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)
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)
(Code 1999, § 8-503; Ord. No. 452, 8-1-1988)
(Code 1999, § 8-504; Ord. No. 452, 8-1-1988)
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)
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)
(Code 1999, § 8-507; Ord. No. 452, 8-1-1988)
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)
(Code 1999, § 8-509; Ord. No. 452, 8-1-1988; Ord. No. 229(98), 4-6-1998)
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)
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)
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)
(Code 1999, § 8-513; Ord. No. 452, 8-1-1988; Ord. No. 25(92), 5-4-1992)
State Law reference— Requirements of food establishments, 63 O.S. § 1-1101 et seq.
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)
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)
(Code 1999, § 8-603; Ord. No. 445, 4-4-1988; Ord. No. 358(02), 5-6-2002)
(Prior Code, §§ 12-46—12-49; Code 1999, § 8-604)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
State Law reference— Milk regulations, 2 O.S. § 7-401 et seq.
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)
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)
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.
State Law reference— Similar provisions, 63 O.S. § 1-1523.
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:
State Law reference— Similar provisions, 63 O.S. § 1-1525.
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)
(Code 1999, § 8-801)
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)
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)
(Code 1999, § 8-903; Ord. No. 451, 7-18-1988)
(Code 1999, § 8-904)
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)
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)
The council of the city hereby makes the following findings:
(Code 1999, § 8-1003; Ord. No. 65(93), 11-15-1993)
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)
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)
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)
(Code 1999, § 8-1007; Ord. No. 65(93), 11-15-1993)
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:
(Code 1999, § 8-1008; Ord. No. 65(93), 11-15-1993)
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)
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)
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)
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)
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)
(Code 1999, § 8-1110; Ord. No. 451(04), 4-19-2004)
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.
(Code 1999, § 8-1111; Ord. No. 451(04), 4-19-2004)
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.
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.
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)
(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)
(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)
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.
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:
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:
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:
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:
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:
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:
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:
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.
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
Section 604.3.1.1- Amend section by deleting Exceptions 1-4, 6-13, 15, 1-18.
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.
State Law reference— Licenses generally, 11 O.S. §§ 22-106, 22-107.
State Law reference— Licenses generally, 11 O.S. §§ 22-106, 22-107.
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)
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)
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)
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)
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)
(Code 1999, § 9-106)
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)
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)
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
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)
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)
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)
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)
(Code 1999, § 9-114)
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)
A violation of this chapter is punishable as provided in section 1-108.
(Code 1999, § 9-116)
State Law reference— Oklahoma Emergency Response Systems Development Act, 63 O.S. § 1-2501 et seq.
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:
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)
(Code 1999, § 9-202; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; Ord. No. 144(96), 2-5-1996)
(Code 1999, § 9-203; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; Ord. No. 144(96), 2-5-1996)
(Code 1999, § 9-204; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; Ord. No. 144(96), 2-5-1996)
(Code 1999, § 9-205; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; Ord. No. 144(96), 2-5-1996)
(Code 1999, § 9-206; Ord. No. 20(92), 4-6-1992; Ord. No. 144(96), 2-5-1996)
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)
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)
(Code 1999, § 9-209; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; Ord. No. 144(96), 2-5-1996)
(Code 1999, § 9-217; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992; Ord. No. 144(96), 2-5-1996)
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)
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)
(Code 1999, § 9-303)
A billiard hall may be open during the following hours only:
(Prior Code, § 6-59; Code 1999, § 9-304)
State Law reference— State licensing of child care facilities, 10 O.S. § 401 et seq.
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)
Places, homes or institutions excepted from the definitions of a day care center or family day care home are:
(Prior Code, § 6-96; Code 1999, § 9-402)
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)
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)
Any day care center can only be operated in accordance with the city zoning regulations.
(Prior Code, § 6-99; Code 1999, § 9-405)
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)
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)
Enforcement of this chapter shall be the responsibility of the code enforcement officer for the city.
(Prior Code, § 6-102; Code 1999, § 9-408)
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)
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)
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)
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)
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)
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)
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)
(Code 1999, § 9-507)
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)
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:
(Prior Code, § 6-74; Code 1999, § 9-509)
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)
Any violation of this chapter is punishable as provided in section 1-108.
(Code 1999, § 9-511)
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)
(Prior Code, § 6-322; Code 1999, § 9-602; Ord. No. 487(89), 6-5-1989; Ord. No. 78(94), 3-7-1994)
An applicant for a license shall furnish the city clerk with the following information:
(Prior Code, § 6-323; Code 1999, § 9-603; Ord. No. 78(94), 3-7-1994)
(Prior Code, § 6-325; Code 1999, § 9-604; Ord. No. 57(93), 7-6-1993; Ord. No. 78(94), 3-7-1994)
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)
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)
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)
(Code 1999, § 9-608; Ord. No. 487(89), 6-5-1989; Ord. No. 78(94), 3-7-1994)
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)
The provisions of this article shall not apply to or affect the following persons:
(Prior Code, § 6-330; Code 1999, § 9-610)
Any person who violates this article shall be punished by fine as provided in section 1-108.
(Code 1999, § 9-611)
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)
(Code 1999, § 9-622; Ord. No. 46(93), 2-1-1993; Ord. No. 48, 2-16-1993)
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)
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)
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)
(Code 1999, § 9-626; Ord. No. 46(93), 2-1-1993)
(Code 1999, § 9-627; Ord. No. 46(93), 2-1-1993)
(Code 1999, § 9-628; Ord. No. 46(93), 2-1-1993)
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)
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)
(Code 1999, § 9-631; Ord. No. 46(93), 2-1-1993)
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)
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)
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)
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)
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:
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.
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)
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)
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:
(Prior Code, §§ 6-442, 6-443, in part; Code 1999, § 9-704)
(Code 1999, § 9-705)
(Prior Code, § 6-443, in part; Code 1999, § 9-706)
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)
(Code 1999, § 9-708)
At all times there shall be posted in a conspicuous place upon each:
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)
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)
(Prior Code, §§ 6-19, 6-434, in part; Code 1999, § 9-711; Ord. No. 551, 4-1-1991)
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)
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)
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)
(Code 1999, § 9-722; Ord. No. 551, 4-1-1991; Ord. No. 527(06), 2-6-2006)
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)
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:
(Code 1999, § 9-724; Ord. No. 551, 4-1-1991)
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)
State Law reference— Oklahoma Pawnshop Act, 59 O.S. § 1501 et seq.; municipal regulation of pawnshops, 59 O.S. § 1514.
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)
There is hereby levied a fee for the license required by this chapter, per year.
(Prior Code, § 6-207; Code 1999, § 9-802)
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)
(Prior Code, § 6-209; Code 1999, § 9-804)
(Prior Code, § 6-210; Code 1999, § 9-805)
State Law reference— Similar provisions, 59 O.S. § 1515.
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)
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:
(Prior Code, § 6-213; Code 1999, § 9-808)
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)
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)
(Prior Code, § 6-216; Code 1999, § 9-811)
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)
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.
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)
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)
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:
(Prior Code, § 6-267; Code 1999, § 9-903)
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)
(Prior Code, § 6-269; Code 1999, § 9-905)
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)
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)
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)
(Prior Code, § 6-253; Code 1999, § 9-909)
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:
(Prior Code, § 6-254; Code 1999, § 9-910)
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)
(Prior Code, § 6-256; Code 1999, § 9-912)
State Law reference— Similar provisions, 59 O.S. § 1531.
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)
(Prior Code, § 6-258; Code 1999, § 9-914)
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)
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)
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)
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)
(Code 1999, § 9-1005; Ord. No. 538, 11-19-1990; Ord. No. 187(97), 4-21-1997)
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)
A violation of this article is punishable as provided in section 1-108.
(Code 1999, § 9-1007; Ord. No. 538, 11-19-1990)
State Law reference— Coin-operated amusement devices, 68 O.S. § 1501 et seq.
(Prior Code, § 6-116, in part; Code 1999, § 9-1021)
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)
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)
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)
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)
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)
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)
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:
(Prior Code, § 6-18, in part; Code 1999, § 9-1031)
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)
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)
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)
(Prior Code, § 6-44; Code 1999, § 9-1035)
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)
State Law reference— Towing motor vehicles, 47 O.S. § 951 et seq.
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)
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)
(Prior Code, § 24-53; Code 1999, § 9-1203)
(Prior Code, § 24-54; Code 1999, § 9-1204)
(Prior Code, § 24-55; Code 1999, § 9-1205; Ord. No. 481(89), 4-17-1989)
(Code 1999, § 9-1206; Ord. No. 279(00), 5-1-2000)
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)
(Code 1999, § 9-1208; Ord. No. 279(00), 5-1-2000)
(Code 1999, § 9-1209; Ord. No. 279(00), 5-1-2000)
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)
(Code 1999, § 9-1211; Ord. No. 279(00), 5-1-2000)
(Code 1999, § 9-1212; Ord. No. 279(00), 5-1-2000)
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.
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)
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)
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:
(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)
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)
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)
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)
(Code 1999, § 9-1313; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), 9-6-2011)
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)
(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)
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:
(Code 1999, § 9-1316; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), 9-6-2011)
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)
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)
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)
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)
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)
(Code 1999, § 9-1322; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), 9-6-2011)
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)
(Code 1999, § 9-1332; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), 9-6-2011)
No license shall be issued pursuant to the provisions of this division if:
(Code 1999, § 9-1333; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11), 9-6-2011)
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)
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)
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)
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)
No license to conduct off-site services shall be issued unless the following requirements are met:
(Code 1999, § 9-1342; Ord. No. 704(11), 9-6-2011)
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)
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)
Seated massage, as defined in section 9-1201 may be performed at a massage establishment or off-site, provided it meets the following conditions:
(Code 1999, § 9-1352; Ord. No. 704(11), 9-6-2011)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
(Code 1999, § 9-1373; Ord. No. 704(11), 9-6-2011)
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)
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)
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)
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.
(Code 1999, § 9-1600; Ord. No. 555(06), 9-18-2006)
(Code 1999, § 9-1601; Ord. No. 555(06), 9-18-2006)
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)
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)
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:
(Code 1999, § 9-1604; Ord. No. 555(06), 9-18-2006)
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:
(Code 1999, § 9-1605; Ord. No. 555(06), 9-18-2006)
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)
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)
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)
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)
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)
(Code 1999, § 9-1611; Ord. No. 555(06), 9-18-2006)
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:
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:
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.
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)
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)
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)
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)
All persons are capable of committing an offense as herein provided, except those belonging to the classes following:
(Code 1999, § 10-106)
State Law reference— Similar provisions, 21 O.S. § 152.
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.
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)
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.
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.
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)
(Code 1999, § 10-112)
State Law reference— Similar provisions, 21 O.S. § 643.
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.
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.
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.
(Prior Code, § 16-77; Code 1999, § 10-204)
State Law reference— Similar provisions, 21 O.S. § 1289.11.
(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.
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.
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)
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.
(Prior Code, § 16-105; Code 1999, § 10-305)
State Law reference— Similar provisions, 21 O.S. § 1503.
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)
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)
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.
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)
(Prior Code, § 16-99; Code 1999, § 10-310)
State Law reference— Destroying property generally, 21 O.S. § 1760.
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.
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.
(Code 1999, § 10-313)
State Law reference— Destroying property generally, 21 O.S. § 1760.
(Prior Code, § 16-98; Code 1999, § 10-314)
State Law reference— Damaging motor vehicles, 21 O.S. §§ 1787, 1788.
(Prior Code, § 16-102; Code 1999, § 10-315)
(Code 1999, § 10-316)
State Law reference— Destroying property generally, 21 O.S. § 1760.
(Code 1999, § 10-317; Ord. No. 501, 12-18-1989, in part)
State Law reference— Trespass, 21 O.S. § 1835 et seq.
(Code 1999, § 10-318; Ord. No. 456, 8-1-1988)
(Code 1999, § 10-319)
State Law reference— Trespass, 21 O.S. § 1835 et seq.
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)
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)
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.
(Prior Code, § 16-100; Code 1999, § 10-323)
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)
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.
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)
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)
(Prior Code, §§ 9-96, 9-97; Code 1999, § 10-329)
State Law reference— Local regulation of fireworks, 11 O.S. § 22-110.
(Prior Code, §§ 16-57—16-59, 16-61; Code 1999, § 10-401)
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)
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:
(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.
(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.
State Law reference— Carrying firearms, 21 O.S. § 1289.6; firearms definitions, 21 O.S. § 1289.1 et seq.
(Prior Code, § 16-34; Code 1999, § 10-408)
Any person who is found guilty of violating this section is guilty of a misdemeanor and subject to up to a $500 fine.
State Law reference— City's power to restrain and prohibit unnecessary noise, 11 O.S. § 22-110.
It is found and declared that:
(Code 1999, § 10-421; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994)
(Code 1999, § 10-422; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994)
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)
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:
(Code 1999, § 10-424; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994)
The following sources of potentially excessive sound shall be exempt from noise control regulation:
(Code 1999, § 10-427; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994; Ord. No. 758(13), 9-16-2013)
(Code 1999, § 10-428; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994)
(Code 1999, § 10-429; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994)
(Code 1999, § 10-430; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994)
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.
(Prior Code, § 16-63, in part; Code 1999, § 10-502)
State Law reference— Controlled dangerous substances, 63 O.S. § 2-101 et seq.
(Code 1999, § 10-503)
State Law reference— Similar provisions, 63 O.S. §§ 2-101.1, 2-405.
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.
(Code 1999, § 10-505; Ord. No. 85(94), 6-6-1994)
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)
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.
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.
(Code 1999, § 10-509; Ord. No. 612(08), 1-22-2008)
State Law reference— Similar provisions, 21 O.S. § 1172.
(Code 1999, § 10-510)
State Law reference— Municipal power to regulate disorderly houses and indecencies, 11 O.S. § 22-109.
It is unlawful for any person to:
(Prior Code, § 16-37; Code 1999, § 10-511)
State Law reference— Similar provisions, 21 O.S. § 1021.
(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.
(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.
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:
(Code 1999, § 10-514)
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)
(Prior Code, § 16-16; Code 1999, § 10-516)
State Law reference— Contributing to delinquency of minors, 21 O.S. § 856 et seq.
(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.
(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.
(Code 1999, § 10-519; Ord. No. 72(94), 1-3-1994)
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.
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.
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.
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)
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.
(Prior Code, § 16-122; Code 1999, § 10-606; Ord. No. 506, 2-5-1990)
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)
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.
(Code 1999, § 10-610)
(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.
(Code 1999, § 10-612)
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.
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)
It is unlawful for any person knowingly or willfully to:
(Code 1999, § 10-615; Ord. No. 506, 2-5-1990, in part)
(Code 1999, § 10-616; Ord. No. 506, 2-5-1990, in part)
State Law reference— Interfering with firefighters, 21 O.S. § 1217.
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)
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.
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)
State Law reference— Gang-related offenses, 21 O.S. § 856.3.
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)
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 property | 10-310 |
| Damaging private property | 10-312 |
| Damaging or tampering with motor vehicle | 10-314 |
| Throwing or shooting at persons or property | 10-320 |
| Possession of marijuana and drug paraphernalia | 10-502 and 10-503 |
| 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:
(Code 1999, § 10-702; Ord. No. 7(91), 12-16-1991)
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)
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)
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 property | 10-301 |
| 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 a moving vehicle | 3-210 |
| Minors in possession of low-point beer, prohibited while in public | 3-211 |
| Minors in possession of intoxicating beverages in public prohibited | 3-109 |
| 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 officer | 10-608 |
| 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)
(Code 1999, § 10-801; Ord. No. 337(01), 10-15-2001)
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)
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)
(Code 1999, § 10-806; Ord. No. 377(02), 8-19-2002)
(Code 1999, § 10-807; Ord. No. 379(02)-B, 10-7-2002; Ord. No. 437(03), 12-15-2003)
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:
(Code 1999, § 10-808; Ord. No. 380(02), 10-7-2002)
(Code 1999, § 10-809; Ord. No. 472(04), § 1, 8-16-2004)
State Law reference— Parks and recreation, 11 O.S. § 33-101 et seq.
(Prior Code, § 17-16; Code 1999, § 11-101; Ord. No. 52(93), 3-1993; Ord. No. 171(96), 10-7-1994)
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)
(Prior Code, § 17-16; Code 1999, § 11-103; Ord. No. 52(93), 3-1993; Ord. No. 171(96), 10-7-1994)
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)
No motorized vehicle shall be permitted in any park except:
(Prior Code, § 17-1; Code 1999, § 11-112)
(Prior Code, § 17-2; Code 1999, § 11-113; Ord. No. 87(94), 7-18-1994)
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)
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)
(Code 1999, § 11-116; Ord. No. 515(05), 8-15-2005)
(Code 1999, § 11-117; Ord. No. 588(07), 5-21-2007)
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.
State Law reference— Municipal libraries, 11 O.S. § 31-101 et seq.
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)
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)
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)
State Law reference— Municipal cemeteries, 11 O.S. § 26-101 et seq.
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)
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)
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)
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)
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)
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)
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)
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)
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)
(Prior Code, § 7-42; Code 1991, § 11-314)
No motorized vehicle shall be permitted in any cemetery except:
(Prior Code, § 7-44; Code 1991, § 11-315)
The council by motion or resolution may adopt rules and regulations relating to the city cemeteries.
(Prior Code, § 7-45; Code 1991, § 11-316)
State Law reference— Building, zoning and planning, 11 O.S. § 41-101 et seq.
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)
(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.
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)
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)
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)
(Prior Code, § 9-54; Code 1999, § 13-105)
(Prior Code, § 9-58; Code 1999, § 13-106; Ord. No. 207(97), 10-6-1997)
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)
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)
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)
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)
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.
(Code 1999, § 13-112; Ord. No. 502(90), 1-15-1990)
(Prior Code, § 9-111; Code 1999, § 13-121)
(Prior Code, § 9-112; Code 1999, § 13-122; Ord. No. 255(99), 4-19-1999)
(Prior Code, § 9-113; Code 1999, § 13-123; Ord. No. 256(99)-A, 4-19-1999)
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)
State Law reference— Fire department authorized, 11 O.S. § 29-105.
(Prior Code, §§ 9-16, 9-18; Code 1999, § 13-201)
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)
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)
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)
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)
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)
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)
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)
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)
State Law reference— Municipal police, 11 O.S. § 34-101 et seq.
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)
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)
(Code 1999, § 13-303; Ord. No. 464, 10-3-1988, in part; Ord. No. 4(91), 1991)
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)
The board of review shall consist of:
(Code 1999, § 13-312)
(Code 1999, § 13-313)
Appointive members of the police board of review shall serve at the pleasure of the appointing authority.
(Code 1999, § 13-314)
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)
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)
(Code 1999, § 13-317)
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.
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:
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.
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:
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This chapter shall be known as the "Hazardous Material Incident Cost Recovery Ordinance."
(Code 1999, § 13-601; Ord. No. 330(01), 7-2-2001)
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:
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)
(Code 1999, § 13-603; Ord. No. 330(01), 7-2-2001)
(Code 1999, § 13-604; Ord. No. 330(01), 7-2-2001)
State Law reference— Municipal roads and streets, 11 O.S. § 36-101 et seq.
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)
(Prior Code, 20-5; Code 1999, § 14-102)
(Prior Code, § 20-3; Code 1999, § 14-103)
(Code 1999, § 14-104)
(Prior Code, § 20-2; Code 1999, § 14-105)
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)
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)
(Prior Code, §§ 20-91, 20-92; Code 1999, § 14-108)
(Code 1999, § 14-109; Ord. No. 110(95), 1-17-1995)
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)
(Prior Code, §§ 20-56, 20-57, 20-59, 20-60; Code 1999, § 14-111)
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)
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)
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)
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)
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)
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)
(Code 1999, § 14-211)
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)
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)
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)
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.
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.
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.
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:
This does not apply to any work performed for the city under municipal contract.
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.
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.
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.
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:
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.
Neither the city nor any employee or agent thereof shall be held responsible for the accuracy or any error appearing in any map.
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.
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.
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.
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.
This chapter does not apply to any work performed for the city under municipal contract.
They city shall have the right to revoke the permit of any applicant for violations of this chapter.
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.
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:
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:
The term does not include:
Network provider or provider means:
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:
Small cell shall be included as a type of "network node."
Utility pole means a pole that provides:
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.
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.
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.
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.
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.
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:
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.
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:
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:
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:
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.
State Law reference— Similar provisions, 47 O.S. § 7-601 et seq.
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.
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.
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.
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.
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.
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.
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.
State Law reference— Similar provisions, 47 O.S. § 11-701.
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:
State Law reference— Similar provisions, 47 O.S. § 11-202.
Whenever special pedestrian-control signals exhibiting the term "Walk" or "Wait" or "Don't Walk" are in place, such signals shall indicate as follows:
State Law reference— Similar provisions, 47 O.S. § 11-203.
State Law reference— Similar provisions, 47 O.S. § 11-204.
Whenever a pedestrian-activated school crossing signal is provided, it requires obedience by vehicular traffic and pedestrians as follows:
State Law reference— Similar provisions, 47 O.S. § 11-205.
State Law reference— Similar provisions, 47 O.S. § 11-206.
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.
The city manager, subject to direction by the council, is authorized to:
State Law reference— Equipment required on vehicles, 47 O.S. § 12-101 et seq.
State Law reference— Similar provisions, 47 O.S. § 12-402.
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.
State Law reference— Similar provisions, 47 O.S. § 12-404.
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.
(Ord. No. 152(96), 4-15-1996; Ord. No. 202(97), 8-18-1997)
State Law reference— Similar provisions, 47 O.S. § 14-105.
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.
State Law reference— Similar provisions, 47 O.S. § 11-1110.
State Law reference— Similar provisions, 47 O.S. § 11-301.
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.
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:
State Law reference— Similar provisions, 47 O.S. § 11-303.
State Law reference— Similar provisions, 47 O.S. § 11-304.
State Law reference— Similar provisions, 47 O.S. § 11-305.
State Law reference— Similar provisions, 47 O.S. § 11-306.
State Law reference— Similar provisions, 47 O.S. § 11-307.
State Law reference— Similar provisions, 47 O.S. § 11-705.
State Law reference— Similar provisions, 47 O.S. § 11-309.
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.
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.
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.
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.
State Law reference— Similar provisions, 47 O.S. § 11-901.
State Law reference— Similar provisions, 47 O.S. § 11-901d.
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.
(Ord. No. 506, 2-5-1990)
State Law reference— Similar provisions, 47 O.S. § 11-1108.
State Law reference— Similar provisions, 47 O.S. § 11-405.
State Law reference— Similar provisions, 47 O.S. § 11-906.4.
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.
State Law reference— Similar provisions, 47 O.S. §§ 6-303, 6-305.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
No person shall board or alight from any vehicle while such vehicle is in motion.
(Ord. No. 30(92), 7-20-1992)
State Law reference— Similar provisions, 47 O.S. § 11-1114.
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.
State Law reference— Similar provisions, 47 O.S. § 11-1112.
(Ord. No. 423, 2-2-1987)
State Law reference— Similar provisions, 47 O.S. § 12-417.
State Law reference— Similar provisions, 47 O.S. § 11-702.
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:
State Law reference— Similar provisions, 47 O.S. § 11-314.
State Law reference— Similar provisions, 47 O.S. § 11-1302.
State Law reference— Similar provisions, 47 O.S. § 11-1003.
State Law reference— Similar provisions, 47 O.S. § 11-1007.
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:
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.
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.
No person shall park a vehicle on any street for a period of time longer than 24 hours.
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.
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.
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.
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.
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.
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.
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.
(Ord. No. 504, 2-5-1990)
State Law reference— Similar provisions, 47 O.S. § 11-801.
| Street Name | Section | Miles Per Hour |
| Janeway Street | North city limits to SW 4th | 30 |
| Santa Fe | NW 12th to SW 4th | 35 |
| Santa Fe | SW 19th to south city limits | 40 |
| Telephone Road | SW 19th to SW 34th Street | 45 |
| Telephone Road | SW 34th to south city limits | 40 |
| Broadway | North city limits to N 18th Street | 40 |
| Broadway | S 4th to S 19th | 40 |
| Broadway | S 19th to south city limits | 45 |
| Eastern | NE 27th to SE 4th | 40 |
| Bryant | North city limits to NE 27th | 40 |
| 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 I-35 | 25 |
| SW 34th | Railroad to Eastern | 35 |
| SW 34th | Eastern to Broadway | 40 |
| SE 34th | Sunnylane to Sooner | 40 |
| SE 34th | Sooner to east city limits | 35 |
| Indian Hills | Eastern to Bryant | 35 |
(Ord. No. 540, 12-4-1990)
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.
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.
State Law reference— Similar provisions, 47 O.S. §§ 11-401, 11-403.
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.
The city manager, subject to direction of the council, may designate any street or part of street as a through street.
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.
State Law reference— Similar provisions, 47 O.S. § 11-703.
State Law reference— Similar provisions, 47 O.S. § 11-703.
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.
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.
State Law reference— Similar provisions, 47 O.S. §§ 11-601, 11-604.
State Law reference— Similar provisions, 47 O.S. § 11-604.
State Law reference— Similar provisions, 47 O.S. § 11-605.
All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner:
State Law reference— Similar provisions, 47 O.S. § 11-606.
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.
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.
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)
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)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
State Law reference— Similar provisions, 47 O.S. § 10-111.
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.
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:
State Law reference— Similar provisions, 47 O.S. § 12-601 et seq.
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).
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.
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.
State Law reference— Similar provisions, 47 O.S. § 11-1201.
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.
State Law reference— Similar provisions, 47 O.S. § 11-1203.
State Law reference— Similar provisions, 47 O.S. § 11-1205.
No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.
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.
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.
State Law reference— Similar provisions, 47 O.S. §§ 12-702—12-709.
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.
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.
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.
Every person convicted of a violation of any provision of this chapter shall be punished as provided in section 1-108.
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.
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.
State Law reference— Similar provisions, 47 O.S. § 11-502.
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
State Law reference— Similar provisions, 47 O.S. § 11-505.
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.
State Law reference— Similar provisions, 47 O.S. § 11-503.
Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a crosswalk.
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.
State Law reference— Similar provisions, 47 O.S. § 11-506.
State Law reference— Similar provisions, 47 O.S. § 11-507.
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.
State Law reference— Similar provisions, 7 O.S. §§ 11, 12.
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.
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.
State Law reference— Similar provisions, 47 O.S. § 11-106.
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.
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.
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.
(Ord. No. 211(97), 10-20-1997; Ord. No. 684(10), 11-15-2010)
State Law reference— Abandonment of vehicles, 47 O.S. § 901 et seq.
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.
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)
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)
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)
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)
State Law reference— Solid Waste Management Act, 27A O.S. § 2-10-101 et seq.; littering, 21 O.S. § 1753.3 et seq.
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)
(Code 1999, § 17-202; Ord. No. 529, 7-2-1990; Ord. No. 190(97), 6-16-1997; Ord. No. 203(97), 8-18-1997)
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)
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)
(Prior Code, § 11-7; Code 1999, § 17-205; Ord. No. 344(02), 1-7-2002; Ord. No. 654(09), 9-8-2009)
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)
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.
(Code 1999, § 17-207; Ord. No. 529, 7-2-1990)
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)
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)
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)
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.
The customer assistance program is authorized to perform only the following work as directed by the risk manager, loss control officer, or designee:
The following items are excluded under this chapter:
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)
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)
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)
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)
(Ord. No. 741(13), 2-4-2013)
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)
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)
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)
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)
(Ord. No. 741(13), 2-4-2013)
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)
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)
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.
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
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)
| 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 |
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
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.
(Ord. No. 398(02), 12-16-2002)
The Franchisee shall:
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
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)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
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:
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
The headings of the sections of this Ordinance are descriptive only.
(Ord. No. 398(02), 12-16-2002)
(Ord. No. 398(02), 12-16-2002)
SECTION 1. DEFINITIONS
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.
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.
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.
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.
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.
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.
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.
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 |
| -- | 8-621 | |
| 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 |