::: {#contents style="background-color:white;padding-left:0in;padding-right:0in;max-width:99%"}
::: phx-name
[PREFACE](https://moore.municipalcodeonline.com/book?type=ordinances#name=PREFACE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The Municipal Code of the City of Moore, OK began in-house in 2020 with
the assistance of Municipal Code Corporation. This City Code shall be
cited as Moore City Code or "MCC" as an acronym. MCC references found
within the code maintain a structure by subject matter using a decimal
and hyphenated numbering system which identifies the chapter and section
(**example: 1-101.01**). This complete set of numbers is designed to aid
in searching and/or referencing the Municipal Code, and to assist in
subsequent codification is new ordinances are added to the Municipal
Code.
- The first number in the sequence designates the **PART** level
- The second series of numbers (**1**-101) designates the **CHAPTER**
level
- The third series of numbers (1-**101**) designates the **Section**
level
- If a fourth series exists comprising letters or numbers beyond the
section level, it designates a **Subsection** level.
To outline, give structure, and more granularly reference the
legislation herein, the following list order (or pattern of ascending
alphanumeric characters) is used: **(a), (1), a, 1, i**. Drafting
legislation with this list order better reconciles the content in local
software and hard copies, with the content in this online code. The
legislative history beneath a legislation's content identifies the
specific legal sources, and may be provided to substantiate the online
code.
The Municipal Code is supplemented from time to time with amendments and
additions made by Moore, Oklahoma. The specific legal sources that
comprise this Municipal Code have been adopted during the codification
process from the original formatting of the official hard copy. In the
event of discrepancies between the online Municipal Code and the
official hard copy, the official hard copy governs. Municipal Code
Corporation, provides a searchable database of the Municipal Code for
easy reference and convenience. NOTICE: THE MUNICIPAL CODE MAY NOT
REFLECT ALL OR THE MOST CURRENT VERSION OF LEGISLATION ADOPTED BY THE
CITY COUNCIL THAT HAS YET TO BE UPDATED ONLINE. IN THE EVENT OF CONFLICT
BETWEEN THE MUNICIPAL CODE AND A WRITTEN ORDINANCE, THE ORDINANCE
TYPICALLY GOVERNS. ALSO, THE MUNICIPAL CODE MAY NOT REFLECT RULES OR
OTHER REGULATIONS PROMULGATED UNDER THE AUTHORITY OF THE CODE, INCLUDING
TECHNICAL SPECIFICATIONS. FOR MORE INFORMATION CONTACT THE CITY CLERK.\
::: {.phx-name .phx-break}
[CHARTER](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHARTER){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[PREAMBLE](https://moore.municipalcodeonline.com/book?type=ordinances#name=PREAMBLE){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE I INCORPORATION, FORM OF GOVERNMENT,
POWERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_I_INCORPORATION,_FORM_OF_GOVERNMENT,_POWERS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE II THE
COUNCIL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_II_THE_COUNCIL){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE III CITY MANAGER AND ADMINISTRATIVE
DEPARTMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_III_CITY_MANAGER_AND_ADMINISTRATIVE_DEPARTMENTS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE IV DEPARTMENT OF FINANCE, FISCAL
AFFAIRS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IV_DEPARTMENT_OF_FINANCE,_FISCAL_AFFAIRS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE V MUNICIPAL
COURT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_V_MUNICIPAL_COURT){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE VI
ELECTIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VI_ELECTIONS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE VII
RECALL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VII_RECALL){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE VIII OFFICERS AND EMPLOYEES
GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VIII_OFFICERS_AND_EMPLOYEES_GENERALLY){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE IX GENERAL AND MISCELLANEOUS
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IX_GENERAL_AND_MISCELLANEOUS_PROVISIONS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE X AMENDMENT AND SEPARABILITY OF
CHARTER](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_X_AMENDMENT_AND_SEPARABILITY_OF_CHARTER){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE XI SUCCESSION IN
GOVERNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_XI_SUCCESSION_IN_GOVERNMENT){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[PREAMBLE](https://moore.municipalcodeonline.com/book?type=ordinances#name=PREAMBLE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
We, the people of the City of Moore, exercising the powers of home rule
granted to us by the constitution and laws of the State of Oklahoma, in
order to provide for more efficient, adequate, and economical
government, do hereby ordain, ratify, and establish this Charter of the
City of Moore, Oklahoma.\
::: phx-name
[ARTICLE I INCORPORATION, FORM OF GOVERNMENT,
POWERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_I_INCORPORATION,_FORM_OF_GOVERNMENT,_POWERS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Section 1-1 Incorporation, Annexation,
Merging](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-1_Incorporation,_Annexation,_Merging){.k-link
target="_blank" style="color:#0000EE"}\
[Section 1-2 Form Of
Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-2_Form_Of_Government){.k-link
target="_blank" style="color:#0000EE"}\
[Section 1-3 Powers Of The
City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-3_Powers_Of_The_City){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Section 1-1 Incorporation, Annexation,
Merging](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-1_Incorporation,_Annexation,_Merging){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
When this charter goes into full effect, the Town of Moore, Oklahoma,
shall become a city, and within the corporate limits as now established
or as hereafter may be established, shall be a municipal body politic
and corporate in perpetuity under the name of the \"City of Moore.\" The
city shall be the legal successor of the town; and as such, it shall
succeed to and possess all the property and rights belonging to the
town, and shall be liable for all debts and other obligations for which
the town is legally bound at the time of the succession in government.
The City of Moore, Oklahoma, may not be annexed by any other city or be
merged into a combined city-county government or other governmental unit
unless a majority of the qualified electors of the City of Moore voting
on the question at an election approve such annexation or merging.
::: phx-name
[Section 1-2 Form Of
Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-2_Form_Of_Government){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The municipal government provided by this charter shall be known as a
\"council-manager government.\" All powers of the city shall be
exercised in the manner prescribed by this charter, or, if the manner is
not thus prescribed, then in such manner as the council may prescribe by
ordinance.\
::: phx-name
[Section 1-3 Powers Of The
City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_1-3_Powers_Of_The_City){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city shall have all powers, functions, rights, privileges,
franchises, and immunities granted to cities by the state constitution
and law, and all the implied powers necessary to carry into execution
all the powers granted. Except as prohibited by the state constitution
or law, the city shall have all municipal powers, functions, rights,
privileges, franchises, and immunities of every name and nature
whatsoever.
The city shall have power to adopt a corporate seal and to alter it at
pleasure, to sue and to be sued, and to make contracts. It shall have
power to acquire property within or without its corporate limits for any
city purpose, including public utilities, works, and ways, in fee simple
or any lesser interest or estate, by purchase, gift, devise, lease
condemnation, or other legal means; and to hold, maintain, improve,
enlarge, manage, control, operate, lease, sell, convey, or otherwise
dispose of, such property as its interests may require, including public
utilities, works, and ways. It shall have power to incur indebtedness
and to issue bonds within the limitations prescribed by the state
constitution. It shall have power to accept and administer federal and
state grants-in-aid and to do everything necessary to accomplish the
purpose or purposes for which such grants may be made. It shall have
power to ordain and to enforce local legislation for the proper
organization and functioning of the city government, for the
preservation and enforcement of good government and order, for the
protection of health, life, morals, and property, for the prevention,
summary abatement, and removal of nuisances, and otherwise for the
promotion of the common welfare. It shall have power to grant, extend,
and renew franchises in accordance with the state constitution.
The enumeration or mention of particular powers by this charter shall
not be deemed to be exclusive or limiting; and in addition to the powers
enumerated or mentioned herein or implied hereby, the city shall have
all powers which, under the state constitution and law, it would be
competent for this charter specifically to enumerate or mention.
Provisions of state law relating to matters which may be regulated by
cities operating under charters, shall be in effect only insofar as they
are applicable and are not superseded by this charter or by ordinance.
::: phx-name
[ARTICLE II THE
COUNCIL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_II_THE_COUNCIL){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Section 2-1 Councilmen: Number,
Qualification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-1_Councilmen:_Number,_Qualification){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-2 Mayor And Vice
Mayor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-2_Mayor_And_Vice_Mayor){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-3 Councilmen:
Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-3_Councilmen:_Compensation){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-4 Council
Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-4_Council_Powers){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-5 Council Not To Interfere In Appointments And
Removals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-5_Council_Not_To_Interfere_In_Appointments_And_Removals){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-6 City Clerk To Be Clerical Officer Of
Council](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-6_City_Clerk_To_Be_Clerical_Officer_Of_Council){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-7 Council:
Meetings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-7_Council:_Meetings){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-8 Councilmen: Absences To Terminate
Membership](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-8_Councilmen:_Absences_To_Terminate_Membership){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-9 Councilmen:
Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-9_Councilmen:_Removal){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-10 Council
Vacancies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-10_Council_Vacancies){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-11 Council: Quorum, Rules, Yeas And
Nays](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-11_Council:_Quorum,_Rules,_Yeas_And_Nays){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-12 Ordinances: Enacting
Clause](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-12_Ordinances:_Enacting_Clause){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-13 Ordinances: Passage, When In
Effect](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-13_Ordinances:_Passage,_When_In_Effect){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-14 Ordinances:
Emergency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-14_Ordinances:_Emergency){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-15 Ordinances: Adoption By
Reference](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-15_Ordinances:_Adoption_By_Reference){.k-link
target="_blank" style="color:#0000EE"}\
[Section 2-16 Ordinances:
Codification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-16_Ordinances:_Codification){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Section 2-1 Councilmen: Number,
Qualification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-1_Councilmen:_Number,_Qualification){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There shall be a council of seven members, which shall consist of a
councilman at large and two councilmen from each of the three wards of
the city as the wards are constituted in this charter or as they may
hereafter be constituted by ordinance. Only qualified electors of the
city who are freeholders in the city shall be qualified for the office
of councilman at large. Only qualified electors residing in the city and
at the time of their election, in their respective wards, who are
freeholders in the city, shall be qualified for the offices of
councilmen from the wards. Candidates for councilpersons shall be
nominated and elected by the qualified electors of their respective
wards, of which wards said candidates must be at all times during the
term of office a resident. No councilman may hold any office or position
in the city government by appointment by the city manager or by any
subordinate of the city manager. If a councilman is convicted of a crime
involving moral turpitude, his office shall become immediately vacant at
the expiration of the period during which he may appeal or, in case of
appeal, when the case is finally determined.
(Res. No. 195 (87), 1-5-1987)
::: phx-name
[Section 2-2 Mayor And Vice
Mayor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-2_Mayor_And_Vice_Mayor){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Beginning with the primary and/or general elections for the City of
Moore, Oklahoma, on the third Tuesday in March 1970, and thereafter,
according to the charter for the City of Moore, Oklahoma, there shall be
nominated or elected a mayor of the City of Moore. Said mayor shall be
the councilman at large. The mayor and councilman at large shall have
all the duties and responsibilities now possessed by those enumerated in
the charter of the City of Moore, Oklahoma, for the councilman at large.
At the first meeting after the time prescribed for the beginning of the
terms of newly elected councilmen, or as soon thereafter as practicable,
the council shall elect from its membership a vice mayor, who shall
serve until the time prescribed for the beginning of the terms of newly
elected councilmen.
The mayor shall preside at meetings of the council. He shall be
recognized as head of the city government for all ceremonial purposes
and by the governor for purposes of military law. He shall have no
regular administrative duties except that he shall sign such written
obligations of the city as the council may require. As a councilman, he
shall have all powers, rights, privileges, duties, and responsibilities
of a councilman, including the right to vote on questions.
The vice mayor shall act as mayor during the absence, disability, or
suspension of the mayor, or, if a vacancy occurs in the office of mayor,
until another mayor is elected for completion of the unexpired term and
qualifies. If the office of vice mayor becomes vacant, the council shall
elect from its membership another vice mayor for completion of the
unexpired term.
::: phx-name
[Section 2-3 Councilmen:
Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-3_Councilmen:_Compensation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Each councilman shall be paid one hundred dollars (\$100.00) per month
beginning in April 1999, but shall not be paid for any other services
rendered the city. The mayor or councilman at large shall be paid the
sum of three hundred dollars (\$300.00) per month for each and every
month or any part thereof that he holds office. The councilmen and the
mayor may be reimbursed for expenses incurred in the discharge of their
official duties.
(Res. No. 116(81), § 1, 2-2-1981; Res. No. 432(99), 1-7-1999)
::: phx-name
[Section 2-4 Council
Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-4_Council_Powers){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Except as otherwise provided in this charter, all powers of the city,
including the determination of all matters of policy, shall be vested in
the council. Without limitation of the foregoing, the council shall have
power, subject to the provisions of this charter:
1. To appoint and remove the city manager;
2. By ordinance to enact municipal legislation;
3. To raise revenue and make appropriations, and to regulate bond
elections, the issuance of bonds, sinking funds, the refunding of
indebtedness, salaries and wages, and all other fiscal affairs of
the city;
4. To inquire into the conduct of any office, department, or agency of
the city government, and investigate municipal affairs;
5. To appoint or elect and remove the members of the personnel board,
the members of the planning commission, the members of the board of
adjustment, and other quasi-legislative, quasi-judicial, or advisory
officers and authorities, now or when and if established, or to
prescribe the method of remission of fines and costs;
6. To grant pardons for violations of the charter and ordinances,
including the remission of fines and costs;
7. To regulate elections, the initiative and referendum, and recall;
8. To regulate the organization, powers, duties, and functions of the
municipal court and of the minor violations bureau when and if
established;
9. To create, change, and abolish all offices, departments, and
agencies of the city government other than the offices, departments,
and agencies created by this charter; and to assign additional
powers, duties, and functions to offices, departments, and agencies
created by this charter.
::: phx-name
[Section 2-5 Council Not To Interfere In Appointments And
Removals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-5_Council_Not_To_Interfere_In_Appointments_And_Removals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Neither the council, the mayor, nor any of its other members may direct
or request the appointment of any person to, or his removal from, office
or employment by the city manager or by any other authority, or, except
as provided in this charter, participate in any manner in the
appointment or removal of officers and employees of the city. Except for
the purpose of inquiry the council and its members shall deal with the
administrative service solely through the city manager; and neither the
council nor any member thereof may give orders on administrative matters
to any subordinate of the city manager either publicly or privately.\
::: phx-name
[Section 2-6 City Clerk To Be Clerical Officer Of
Council](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-6_City_Clerk_To_Be_Clerical_Officer_Of_Council){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city clerk hereinafter provided for, shall also serve as clerical
officer of the council. He shall keep the journal of its proceedings,
and shall enroll in a book or books kept for the purpose of all
ordinances and resolutions passed by it; shall be custodian of such
documents, records, and archives as may be provided by applicable law or
ordinance; shall be custodian of the seal of the city; and shall attest,
and affix the seal to, documents when required in accordance with
applicable law or ordinance.\
::: phx-name
[Section 2-7 Council:
Meetings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-7_Council:_Meetings){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The council shall hold at least two (2) regular meetings every month, at
such time as it may prescribe by ordinance or otherwise. The mayor or
any four (4) councilmen may call special meetings. All meetings of the
council shall be open to the public, and the journal of its proceedings
shall be open to public inspection, except personnel or executive
sessions may be conducted, as may be authorized by the statutes of the
State of Oklahoma.
(Res. No. 116(81), § 1, 2-2-1981)
::: phx-name
[Section 2-8 Councilmen: Absences To Terminate
Membership](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-8_Councilmen:_Absences_To_Terminate_Membership){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If the mayor or any other councilman shall be absent from more than
one-half of all the meetings of the council, regular and special, held
within any period of six consecutive calendar months, he shall thereupon
cease to hold office.\
::: phx-name
[Section 2-9 Councilmen:
Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-9_Councilmen:_Removal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The mayor or any other councilman may be removed from office for any
cause specified by applicable state law for the removal of officers, and
by the method or methods prescribed thereby, and by recall as provided
in this charter.\
::: phx-name
[Section 2-10 Council
Vacancies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-10_Council_Vacancies){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The council, by majority vote of its remaining members, shall fill
vacancies in its own membership for the unexpired terms or until
successors are elected as provided in this section. If a vacancy occurs
before the beginning of a regular filing period for candidates for
councilmen, and the unexpired term extends beyond the time when the
terms of councilmen elected that year begin, then a councilman for that
place shall be elected at the elections of that year to serve the rest
of the unexpired term beginning at the time the terms of councilmen
elected that year begin.\
::: phx-name
[Section 2-11 Council: Quorum, Rules, Yeas And
Nays](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-11_Council:_Quorum,_Rules,_Yeas_And_Nays){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A majority of all of the members of the council shall constitute a
quorum, but a smaller number may adjourn from day to day or from time to
time. The council may determine its own rules. On the demand of any
member, the vote on any question shall be by yeas and nays, and shall be
entered in the journal.\
::: phx-name
[Section 2-12 Ordinances: Enacting
Clause](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-12_Ordinances:_Enacting_Clause){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The enacting clause of all ordinances passed by the council shall be,
\"Be it ordained by the Council of the City of Moore, Oklahoma,\" and of
all ordinances proposed by the voters under their power of initiative,
\"Be it ordained by the People of the City of Moore, Oklahoma.\"\
::: phx-name
[Section 2-13 Ordinances: Passage, When In
Effect](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-13_Ordinances:_Passage,_When_In_Effect){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every proposed ordinance shall be read, and a vote of a majority of all
the councilmen shall be required for its passage. The vote on final
passage of every ordinance shall be by yeas and nays, and shall be
entered in the journal. The mayor shall have no power of veto. Within
ten days after its passage, every ordinance shall be published in full
or by number and title in a newspaper authorized to publish legal
publications. Every ordinance except an emergency ordinance shall become
effective thirty days after its final passage and publication unless it
specifies a later time; provided that a franchise for a public utility
shall not go into effect until the ordinance granting it has been
published in full in a newspaper authorized to publish legal
publications and has been approved at an election by a vote of a
majority of the qualified electors voting on the question.\
::: phx-name
[Section 2-14 Ordinances:
Emergency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-14_Ordinances:_Emergency){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
An emergency ordinance is an ordinance which in the judgment of the
council is necessary for the immediate preservation of peace, health or
safety, and which should become effective prior to the time when an
ordinary ordinance would become effective. Every such ordinance shall
contain as a part of its title, the words, \"and declaring an
emergency\" and in a separation section, herein called the emergency
section, shall declare the emergency. An affirmative vote of at least
six councilmen shall be required for the passage of an emergency
ordinance. An emergency ordinance shall take effect upon passage and
publication unless it specifies a later time.\
::: phx-name
[Section 2-15 Ordinances: Adoption By
Reference](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-15_Ordinances:_Adoption_By_Reference){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The council by ordinance may adopt by reference codes, ordinances,
standards, and regulations relating to building, plumbing, electrical
installations, milk and milk products, and other matters which it has
power to regulate otherwise. Such code, ordinance, standard, or
regulation so adopted need not be enrolled in the book of ordinances;
but a copy shall be kept in the office of the city clerk.\
::: phx-name
[Section 2-16 Ordinances:
Codification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_2-16_Ordinances:_Codification){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The permanent, general ordinances of the city shall be codified and
published in a book or pamphlet form at least every ten (10) years
unless the council, by use of a loose-leaf system, provides for keeping
the code up-to-date. The ordinances and parts of ordinances included in
the code may be revised, rearranged, and reorganized; and the code may
contain new matter, provisions of the state constitution and law
applicable to the city, and this charter. A copy of the published code
shall be filed in the office of the city clerk after the council adopts
the code by ordinance, but the code need not be enrolled in the book of
ordinances.\
::: phx-name
[ARTICLE III CITY MANAGER AND ADMINISTRATIVE
DEPARTMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_III_CITY_MANAGER_AND_ADMINISTRATIVE_DEPARTMENTS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Section 3-1 City Manager: Appointment, Term, Qualifications,
Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-1_City_Manager:_Appointment,_Term,_Qualifications,_Removal){.k-link
target="_blank" style="color:#0000EE"}\
[Section 3-2 Absence Or Disability Of City
Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-2_Absence_Or_Disability_Of_City_Manager){.k-link
target="_blank" style="color:#0000EE"}\
[Section 3-3 City Manager: Powers And
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-3_City_Manager:_Powers_And_Duties){.k-link
target="_blank" style="color:#0000EE"}\
[Section 3-4 Administrative Departments, Offices, And
Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-4_Administrative_Departments,_Offices,_And_Agencies){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Section 3-1 City Manager: Appointment, Term, Qualifications,
Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-1_City_Manager:_Appointment,_Term,_Qualifications,_Removal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There shall be a city manager. The council shall appoint him for an
indefinite term by a vote of a majority of all its members. It shall
choose him on the basis of his executive and administrative
qualifications. At the time of his appointment, he need not be a
resident of the city or state; but, during his tenure of office, he
shall reside within the city. A councilman may not be appointed city
manager or acting city manager during his term nor within one year after
the expiration of his term. The council may suspend or remove the city
manager at any time by a vote of a majority of all its members;
provided, that the council shall give him a written statement of the
reason for his removal at least twenty days before removal, and on
request shall give him an opportunity for a public hearing thereon after
the expiration of such time before removing him.\
::: phx-name
[Section 3-2 Absence Or Disability Of City
Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-2_Absence_Or_Disability_Of_City_Manager){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
To perform his duties during his temporary absence or disability, the
city manager may designate by letter filed with the city clerk a
qualified administrative officer of the city to be acting city manager.
If the city manager fails to make such designation, the council may
appoint an acting city manager to serve during such time.\
::: phx-name
[Section 3-3 City Manager: Powers And
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-3_City_Manager:_Powers_And_Duties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager shall be chief administrative officer and head of the
administrative branch of the city government. He shall execute the laws
and ordinances and administer the government of the city, and shall be
responsible therefor to the council. He shall:
1. Appoint, and when deemed necessary for the good of the service, lay
off, suspend, demote, or remove all directors, or heads, of
administrative departments and all other administrative officers and
employees of the city except as he may authorize the head of a
department, an officer, or an agency to appoint, lay off, suspend,
demote, and remove subordinates in such department, office, or
agency;
2. Supervise and control directly or indirectly, all administrative
departments, agencies, officers, and employees;
3. Prepare a budget annually and submit it to the council, be
responsible for the administration of the budget after it goes into
effect, and recommend to the council any changes in the budget which
he deems desirable;
4. Submit to the council a report as of the end of the fiscal year on
the finances and administrative activities of the city for the
preceding year;
5. Keep the council advised of the financial condition and future needs
of the city, and make such recommendations to the council on matters
of policy and other matters as may seem to him desirable;
6. Have such other powers, duties and functions as this charter may
prescribe, and such powers, duties, and functions consistent with
this charter as the council may prescribe.
::: phx-name
[Section 3-4 Administrative Departments, Offices, And
Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_3-4_Administrative_Departments,_Offices,_And_Agencies){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There shall be a department of finance, a department of law headed by a
city attorney, and such other administrative departments, offices, and
agencies as this charter establishes and as the council may establish.\
::: phx-name
[ARTICLE IV DEPARTMENT OF FINANCE, FISCAL
AFFAIRS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IV_DEPARTMENT_OF_FINANCE,_FISCAL_AFFAIRS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Section 4-1 City Clerk: Office Created,
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-1_City_Clerk:_Office_Created,_Duties){.k-link
target="_blank" style="color:#0000EE"}\
[Section 4-2 City Treasurer: Office Created,
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-2_City_Treasurer:_Office_Created,_Duties){.k-link
target="_blank" style="color:#0000EE"}\
[Section 4-3 Purchases And
Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-3_Purchases_And_Sales){.k-link
target="_blank" style="color:#0000EE"}\
[Section 4-4 Sale Of Property Valued At More Than
\$25,000](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-4_Sale_Of_Property_Valued_At_More_Than_$25,000){.k-link
target="_blank" style="color:#0000EE"}\
[Section 4-5 Public
Improvements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-5_Public_Improvements){.k-link
target="_blank" style="color:#0000EE"}\
[Section 4-6 Fiscal
Year](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-6_Fiscal_Year){.k-link
target="_blank" style="color:#0000EE"}\
[Section 4-7 Independent Annual
Audit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-7_Independent_Annual_Audit){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Section 4-1 City Clerk: Office Created,
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-1_City_Clerk:_Office_Created,_Duties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There shall be a city clerk, who shall be an officer of the city
appointed by the city manager for an indefinite term, and who shall be
head of the department of finance. Except as the council by ordinance
provides otherwise, the city clerk shall collect or receive revenue and
other money for the city, shall deposit the same with the city treasurer
or for the city treasurer in an account or accounts maintained by the
city treasurer in a depository or depositories, and shall maintain a
general accounting system for the city government. He shall have such
other powers, duties, and functions as may be prescribed by the charter,
by applicable law, or by ordinance.\
::: phx-name
[Section 4-2 City Treasurer: Office Created,
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-2_City_Treasurer:_Office_Created,_Duties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Within the department of finance, there shall be a city treasurer, who
shall be an officer of the city appointed by the city manager for an
indefinite term; provided also that the same person may be appointed
both city clerk and city treasurer, and that the council by ordinance
may provide that the city clerk shall be ex officio city treasurer and
that an acting city clerk shall be ex officio acting city treasurer.
Subject to such regulations as the council may prescribe, the city
treasurer shall deposit funds received for the city in such depositories
as the council may designate. He shall have such other powers, duties,
and functions as may be prescribed by the charter, by applicable law, or
by ordinance.\
::: phx-name
[Section 4-3 Purchases And
Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-3_Purchases_And_Sales){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager, subject to any regulations which the council may
prescribe, shall contract for and purchase, or issue purchase
authorizations for, all supplies, materials, and equipment for the
offices, departments, and agencies of the city government. Every such
contract or purchase exceeding an amount to be established by ordinance,
shall require the prior approval of the council. The city manager also
may transfer to or between offices, departments, and agencies, or sell,
surplus or obsolete supplies, materials, and equipment, subject to such
regulations as the council may prescribe.
Before the purchase of, or contract for, any supplies, materials, or
equipment, or the sale of any surplus or obsolete supplies, materials,
or equipment, ample opportunity for competitive bidding, under such
regulations, and with such exceptions, as the council may prescribe,
shall be given; but the council shall not except an individual contract,
purchase, or sale from the requirement of competitive bidding.
The council by ordinance may transfer some or all of the power granted
to the city manager by this section to an administrative officer
subordinate to the city manager.
::: phx-name
[Section 4-4 Sale Of Property Valued At More Than
\$25,000](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-4_Sale_Of_Property_Valued_At_More_Than_$25,000){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The sale of any property, real or personal, including public utilities,
or of any interest therein, the value of which is more than \$25,000,
shall be made only (1) by authority of an affirmative vote of a majority
of the qualified electors of the city who vote on the question of
approving or authorizing the sale at an election, or (2) by authority of
a special nonemergency ordinance. Such ordinance shall be published in
full in a newspaper authorized to publish legal publications within ten
days after its passage, and shall include a section reading
substantially as follows: \"Section. This ordinance shall be referred to
a vote of the electors of the city if a legal and sufficient referendum
petition is properly filed within thirty days after its passage;
otherwise it shall go into effect thirty days after its passage and
publication.\" The sale of an entire public utility may be authorized
only as provided in (1) hereinabove.\
::: phx-name
[Section 4-5 Public
Improvements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-5_Public_Improvements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Public improvements may be made by the city government itself or by
contract. The council shall award all contracts for such improvements;
provided that the council may authorize the city manager to award such
contracts not exceeding an amount to be determined by the council and
subject to such regulations as the council may prescribe. A contract for
public improvements of more than \$1,000 may be awarded only to the
lowest and best responsible bidder after such notice and opportunity for
competitive bidding as the council may prescribe. All bids may be
rejected and further notice and opportunity for competitive bidding may
be given.\
::: phx-name
[Section 4-6 Fiscal
Year](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-6_Fiscal_Year){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The fiscal year of the city government shall begin on the first day of
July and shall end on the last day of June of every calendar year.\
::: phx-name
[Section 4-7 Independent Annual
Audit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_4-7_Independent_Annual_Audit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The council shall designate a qualified public accountant or accountants
who shall make an independent audit of the accounts and evidences of
financial transactions of the department of finance and of all other
departments, offices, and agencies keeping separate or subordinate
accounts or making financial transactions as of the end of every fiscal
year at least, and who shall report to the council and to the city
manager. In lieu of the above, the council may arrange with an
appropriate state authority for such an audit when and if permitted by
law.\
::: phx-name
[ARTICLE V MUNICIPAL
COURT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_V_MUNICIPAL_COURT){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Section 5-1 Municipal
Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_5-1_Municipal_Court){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Section 5-1 Municipal
Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_5-1_Municipal_Court){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There shall be a municipal judge, who shall be an officer of the city
appointed by the city manager for an indefinite term. Only the council
may suspend or remove the municipal judge or an acting municipal judge,
and by a vote of a majority of all its members. The municipal judge
shall have original jurisdiction to hear and determine all cases
involving offenses against the charter and ordinances of the city;
provided that the council by ordinance may create a minor violations
bureau with authority to dispose of cases arising out of designated
minor violations, such as minor traffic and parking violations, when the
accused waives his right to be heard in court, pleads guilty, and pays
fines and costs. The municipal judge shall keep a record of all
proceedings of the municipal court, of the disposition of all cases, and
of all fines and other money collected. The municipal judge may issue
warrants of arrest and subpoenas, administer oaths and affirmations,
make and enforce all proper orders, rules, and judgments, and punish for
contempt.\
::: phx-name
[ARTICLE VI
ELECTIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VI_ELECTIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Section 6-1 Overlapping Terms Of Four Years; Nominated And Elected At
Large; Nonpartisan
Elections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-1_Overlapping_Terms_Of_Four_Years;_Nominated_And_Elected_At_Large;_Nonpartisan_Elections){.k-link
target="_blank" style="color:#0000EE"}\
[Section 6-2 Primary Election:
Filing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-2_Primary_Election:_Filing){.k-link
target="_blank" style="color:#0000EE"}\
[Section 6-3 Primary Election: Time,
Etc](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-3_Primary_Election:_Time,_Etc){.k-link
target="_blank" style="color:#0000EE"}\
[Section 6-4 Primary Election: Who Nominated Or
Elected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-4_Primary_Election:_Who_Nominated_Or_Elected){.k-link
target="_blank" style="color:#0000EE"}\
[Section 6-5 General Election: Time, Who
Elected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-5_General_Election:_Time,_Who_Elected){.k-link
target="_blank" style="color:#0000EE"}\
[Section 6-6 Primary And General Elections: When Not
Held](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-6_Primary_And_General_Elections:_When_Not_Held){.k-link
target="_blank" style="color:#0000EE"}\
[Section 6-7 Registered Qualified
Electors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-7_Registered_Qualified_Electors){.k-link
target="_blank" style="color:#0000EE"}\
[Section 6-8 Political Activity Of Officers And
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-8_Political_Activity_Of_Officers_And_Employees){.k-link
target="_blank" style="color:#0000EE"}\
[Section 6-9 State Constitution And Law To
Govern](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-9_State_Constitution_And_Law_To_Govern){.k-link
target="_blank" style="color:#0000EE"}\
[Section 6-10 Authorizing Absentee
Voting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-10_Authorizing_Absentee_Voting){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Section 6-1 Overlapping Terms Of Four Years; Nominated And Elected At
Large; Nonpartisan
Elections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-1_Overlapping_Terms_Of_Four_Years;_Nominated_And_Elected_At_Large;_Nonpartisan_Elections){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The councilperson at large shall be elected at the elections herein
provided for in even numbered years, and one councilperson from each
ward shall be elected at said elections. Beginning in the year 2000 the
councilperson shall serve for terms of four years beginning on the first
council meeting following the statutory general election date in the
respective years when they are elected. If a councilperson-elect fails
to qualify within one month thereafter, his office shall become vacant,
and the vacancy shall be filled as other vacancies in the council are
filled.
All candidates for councilmen \[councilman at large\] shall be
nominated, and all councilmen \[the councilman at large\] shall be
elected, at large, by the qualified electors of the entire city; but
candidates for councilmen from the wards must be \[nominated and elected
by the\] qualified electors of their respective wards.
Both the primary and the general election shall be nonpartisan; and no
party designation or emblem shall be placed on the ballots.
Nothing in this charter shall prohibit the use of voting machines.
(Res. No. 432(99), 1-7-1999)
::: phx-docs
HISTORY\
*Amended by Res.
[589(05)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/18/2005\
*
:::
::: phx-name
[Section 6-2 Primary Election:
Filing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-2_Primary_Election:_Filing){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any qualified person may have his name placed on the ballot for the
primary election as a candidate for councilman or mayor by filing,
during the time required by the statutes of the State of Oklahoma, but
if not provided for by the legislature, then not more than one month and
at least two (2) weeks prior to the primary election, with the secretary
of the county election board, a sworn statement of his or her candidacy.
The mayor or councilman may be a candidate for re-election but a
councilman may not be a candidate for mayor or the other seat or office
in the same ward as the councilman serves.
(Res. No. 142(83), § 1, 1-17-1983)
::: phx-name
[Section 6-3 Primary Election: Time,
Etc](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-3_Primary_Election:_Time,_Etc){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A primary election shall be held on the statutory election date in each
election year to nominate candidates for councilperson to succeed those
whose terms are expiring. If only one person is a candidate for the
office to be filled, he shall be not only nominated, but also elected
ipsa facto; and his name shall not appear on the primary or general
election ballot. Every qualified elector of the city shall be entitled
to vote for one candidate for \[the office of councilperson at large to
be filled; qualified electors within each ward shall be entitled to vote
for one candidate for\] each office \[of councilperson from that
respective ward\] to be filled.
::: phx-docs
HISTORY\
*Adopted by Res.
[589(05)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/18/2005\
*
:::
::: phx-name
[Section 6-4 Primary Election: Who Nominated Or
Elected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-4_Primary_Election:_Who_Nominated_Or_Elected){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In a primary election, the two candidates for each office to be filled
receiving the greatest number of votes for that office, shall be
nominated. If one of the candidates for an office receives a majority of
all votes cast for all candidates for that office, he alone shall be not
only nominated, but also elected ipso facto; and his name shall not
appear on the ballot for the general election. In case of failure to
nominate one or both candidates for an office because of a tie, the
nominee or nominees shall be determined from among those tying, fairly
by lot, by the county election board in a public meeting. If one of the
two candidates for an office nominated in a primary election dies or
withdraws before the general election, the remaining candidate shall be
elected ipso facto; and his name need not appear on the ballot for the
general election.\
::: phx-name
[Section 6-5 General Election: Time, Who
Elected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-5_General_Election:_Time,_Who_Elected){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A general election shall be held in the city on the statutory general
election date to elect the councilperson to succeed those whose terms
are expiring. Every qualified elector of the City shall be entitled to
vote for one of the two candidates for each office \[the office of
councilperson at large\] to be filled, \[and every qualified elector of
each ward shall be entitled to vote for one of the two candidates for
the office of councilperson from that respective ward to be filled\],
but may not vote for any other person. The candidate for each office
receiving the greater number of votes, shall be elected. In case of a
tie, the election shall be determined, fairly by lot, by the county
election board in a public meeting.
(Res. No. 432(99), 1-7-1999)
::: phx-docs
HISTORY\
*Amended by Res.
[589(05)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601267523_Resolution%20No.%20589%20(05).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/18/2005\
*
:::
::: phx-name
[Section 6-6 Primary And General Elections: When Not
Held](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-6_Primary_And_General_Elections:_When_Not_Held){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If there are no candidates and no questions to be voted upon at a
primary or general election, the election shall not be held.\
::: phx-name
[Section 6-7 Registered Qualified
Electors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-7_Registered_Qualified_Electors){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Only electors residing in this city who have the qualifications
prescribed for electors by the state constitution and law, and who are
registered as may be required by law, may vote in city elections.\
::: phx-name
[Section 6-8 Political Activity Of Officers And
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-8_Political_Activity_Of_Officers_And_Employees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No officer or employee of the city except the councilmen and personnel
who receive no compensation for their services, may work for or against,
or attempt to influence, the nomination, election, or defeat of any
candidate for councilman, or the recall of any councilman; provided that
this shall not prohibit the ordinary exercise of one\'s right to express
his opinions and to vote. Any person who violates this section shall be
punished, upon conviction thereof, by a fine not exceeding twenty
dollars including costs. Such violation shall constitute cause for
removal from office or employment; and if the regular removal authority
has not already removed a person who violates this section, he shall be
automatically removed by the said conviction of violating this section
effective at the expiration of his right of appeal or, in the case of
appeal, when the case is finally determined.\
::: phx-name
[Section 6-9 State Constitution And Law To
Govern](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-9_State_Constitution_And_Law_To_Govern){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions of the state constitution and law applicable to city
elections, shall govern such elections in this city insofar as they are
applicable and are not superseded by this charter or by ordinance.
A proclamation of the mayor calling a special election need not (but
may) set forth the names of the precinct officers who are to conduct the
election but shall give the locations of polling places.
::: phx-name
[Section 6-10 Authorizing Absentee
Voting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_6-10_Authorizing_Absentee_Voting){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Voting by absentee ballots shall be permitted in all municipal, primary,
general or special elections to be held in the City of Moore, Oklahoma,
beginning in the year 1982 A.D.
(Res. No. 116(81), § 1, 2-2-1981)
::: phx-name
[ARTICLE VII
RECALL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VII_RECALL){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Section 7-1 Recall
Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-1_Recall_Authorized){.k-link
target="_blank" style="color:#0000EE"}\
[Section 7-2 Recall
Petition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-2_Recall_Petition){.k-link
target="_blank" style="color:#0000EE"}\
[Section 7-3 Recall Election: Council To
Order](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-3_Recall_Election:_Council_To_Order){.k-link
target="_blank" style="color:#0000EE"}\
[Section 7-4 Recall Election: How
Held](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-4_Recall_Election:_How_Held){.k-link
target="_blank" style="color:#0000EE"}\
[Section 7-5 Person Recalled Or
Resigning](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-5_Person_Recalled_Or_Resigning){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Section 7-1 Recall
Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-1_Recall_Authorized){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The incumbent of any elective city office, including a person appointed
to fill a vacancy in any such office, may be recalled from office by the
electors qualified to vote for the election of a successor to the
incumbent, in the manner provided herein; provided, that the recall
statement or petition shall be for official misconduct of said official,
which shall include, but not be limited to, willful neglect of duty,
corruption in office, habitual drunkenness, incompetency, or a
conviction of any offense involving moral turpitude committed while in
office.
(Res. No. 131(82), § 1, 2-12-1982)
::: phx-name
[Section 7-2 Recall
Petition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-2_Recall_Petition){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. To initiate recall proceedings, a written statement in duplicate
proposing the recall of the incumbent of an elective office, shall
be signed by twenty or more registered qualified electors of the
city, and shall be filed with the city clerk after the incumbent has
held the office at least four months. The statement shall also
contain the reason or reasons for which the recall is sought, in not
more than two hundred words. Within five days, the city clerk shall
mail a copy of such statement by registered, certified, or similar
special mail to the officer at his residential address. Within ten
days after the statement is mailed to the officer, the officer may
make and file with the city clerk a written statement in duplicate
justifying his conduct in office, in not more than two hundred
words; and the city clerk on request shall deliver one copy to one
of the persons filing the statement proposing the recall.
2. The petition for recall shall include a demand that a successor to
the incumbent sought to be recalled be elected, and shall also
include before the space where the signatures are to be written the
statement giving the reason or reasons for recall under the heading
\"STATEMENT FOR RECALL,\" and if the officer has filed a statement
as authorized, the statement justifying his conduct in office under
the heading \"STATEMENT AGAINST RECALL.\" The two statements shall
be in letters of the same size. A copy of the petition shall be
filed with the city clerk within one month after recall proceedings
are initiated by the filing of the first statement, and before the
petition is circulated.
3. A number of registered qualified electors of the city equal at least
to thirty-five percent (35%) of the number of electors who voted in
the last general municipal election, must sign the petition. Each
signer shall write after his name his address within the city,
giving street or avenue and number, if any. Not more than one
hundred signatures may appear on a single copy of the petition.
Petitions may be circulated only by registered qualified electors of
the city; and the person who circulates each copy of the petition
shall sign an affidavit on the copy stating that each signer signed
the petition in his presence, that each signature on the petition is
genuine, and that he believes each signer to be a registered
qualified elector of the city.
4. The circulated petition shall be filed with the city clerk not later
than one month after the filing of a copy as provided above. Within
one month after date of filing of the circulated petition, the city
clerk shall examine it and ascertain whether it has been prepared
and circulated as required, and whether the required number of
registered qualified electors of the city have signed it. He shall
then attach his certificate to the petition. If his certificate
states that the petition has not been prepared and circulated as
required and/or lacks a sufficient number of signatures, the
petition shall have no effect unless the decision of the city clerk
is appealed from and reversed by the district court. But, if the
city clerk\'s certificate states that the petition has been prepared
and circulated as required and has a sufficient number of
signatures, he shall submit the petition and certificate to the
council at its next meeting. Provided that any qualified elector who
has signed said petition or the officer affected may appeal from the
decision of the city clerk within five days from the date of such
decision to the district court.
::: phx-name
[Section 7-3 Recall Election: Council To
Order](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-3_Recall_Election:_Council_To_Order){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The council, by resolution or ordinance passed within ten days after
receiving the petition and certificate of the city clerk or after the
decision of the court, shall order and fix the date for a recall
election, which shall be held not less than forty days, nor more than
fifty days, after passage of the resolution or ordinance. The city clerk
shall cause the resolution or ordinance ordering the election to be
published in full in a newspaper authorized to publish legal
publications within ten days after its passage; and such publication
shall be sufficient notice of the election.
The qualified electors of the city may vote in a recall election on the
election of successors to more than one incumbent of an elective office
on the same day.
::: phx-name
[Section 7-4 Recall Election: How
Held](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-4_Recall_Election:_How_Held){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The recall election shall be an election to fill the office held by the
incumbent sought to be recalled. There shall be no primary. Any
qualified person, including the incumbent, may file as a candidate for
the office. The candidate receiving the greatest number of votes in the
recall election shall be elected. If a candidate other than the
incumbent is elected, the incumbent shall be recalled from office
effective as of the time when the result of the election is certified.
The said successful candidate must qualify within one month thereafter;
and if he fails to do so, the office shall be vacant, and the vacancy
shall be filled as other vacancies in the council are filled. A
candidate thus elected and qualifying shall serve for the unexpired
term. If the incumbent is a candidate an receives the greatest number of
votes, he shall continue in office without interruption; and recall
proceedings may not again be initiated against him within one year after
the election.
The provisions of this charter relating to city elections shall also
govern recall elections insofar as they are applicable and are not
superseded by the provisions of this article.
::: phx-name
[Section 7-5 Person Recalled Or
Resigning](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_7-5_Person_Recalled_Or_Resigning){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person who has been recalled from an office, or who has resigned from
office while recall proceedings were pending against him, may hold any
office or position of employment in the city government within two years
after his recall or resignation.
::: phx-name
[ARTICLE VIII OFFICERS AND EMPLOYEES
GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_VIII_OFFICERS_AND_EMPLOYEES_GENERALLY){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Section 8-1 Appointments, Removals, Etc., Personnel
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-1_Appointments,_Removals,_Etc.,_Personnel_Regulations){.k-link
target="_blank" style="color:#0000EE"}\
[Section 8-2 Personnel Board
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-2_Personnel_Board_Created){.k-link
target="_blank" style="color:#0000EE"}\
[Section 8-3 Classified And Unclassified
Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-3_Classified_And_Unclassified_Services){.k-link
target="_blank" style="color:#0000EE"}\
[Section 8-4 Removal, Etc., Hearing Before The Personnel
Board](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-4_Removal,_Etc.,_Hearing_Before_The_Personnel_Board){.k-link
target="_blank" style="color:#0000EE"}\
[Section 8-5 Qualifications Of Officers And
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-5_Qualifications_Of_Officers_And_Employees){.k-link
target="_blank" style="color:#0000EE"}\
[Section 8-6
Nepotism](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-6_Nepotism){.k-link
target="_blank" style="color:#0000EE"}\
[Section 8-7 Holding More Than One
Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-7_Holding_More_Than_One_Office){.k-link
target="_blank" style="color:#0000EE"}\
[Section 8-8 Official
Bonds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-8_Official_Bonds){.k-link
target="_blank" style="color:#0000EE"}\
[Section 8-9 Oath Or Affirmation Of
Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-9_Oath_Or_Affirmation_Of_Office){.k-link
target="_blank" style="color:#0000EE"}\
[Section 8-10 Who May Administer Oaths And
Affirmations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-10_Who_May_Administer_Oaths_And_Affirmations){.k-link
target="_blank" style="color:#0000EE"}\
[Section 8-11 Removal, Etc., Of Officers And
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-11_Removal,_Etc.,_Of_Officers_And_Employees){.k-link
target="_blank" style="color:#0000EE"}\
[Section 8-12 Acting Officers And
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-12_Acting_Officers_And_Employees){.k-link
target="_blank" style="color:#0000EE"}\
[Section 8-13 Officers To Continue Until Successors Are Elected Or
Appointed And
Qualify](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-13_Officers_To_Continue_Until_Successors_Are_Elected_Or_Appointed_And_Qualify){.k-link
target="_blank" style="color:#0000EE"}\
[Section 8-14 Conflict Of
Interests](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-14_Conflict_Of_Interests){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Section 8-1 Appointments, Removals, Etc., Personnel
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-1_Appointments,_Removals,_Etc.,_Personnel_Regulations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Appointments and promotions in the service of the city shall be made
solely on the basis of merit and fitness; and removals, demotions,
suspensions, and layoffs shall be made solely for the good of the
service. The council, consistently with this charter, by ordinance or
personnel rules, may regulate personnel matters and provide for proper
personnel administration.\
::: phx-name
[Section 8-2 Personnel Board
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-2_Personnel_Board_Created){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There shall be a personnel board consisting of three members appointed
by the council for overlapping six-year terms. The term of one member
shall begin July 1 in every even-numbered year. The council shall
appoint the three original members so that the term of one will expire
at that time in each of the first three succeeding even-numbered years.
A member may not hold any other office or position in the city
government. The council, by a vote of at least five members, after
adequate opportunity for a public hearing, may remove a member for the
good of the service; and the vote shall be by yeas and nays and shall be
entered in the journal. The council shall fill vacancies for the
unexpired terms. Members shall serve without compensation unless the
council provides otherwise.
At the time prescribed for the beginning of the term of a newly
appointed member or as soon thereafter as practicable, the board shall
elect a chairman, a vice-chairman, and a secretary; and the secretary
need not be a member of the board. The board shall determine the time
and place of its regular meetings, and the chairman or two members may
call special meetings.
The personnel board shall have power to subpoena officers and employees
of the city and other persons to testify and to produce documents and
other effects as evidence. The chairman shall have power to administer
oaths and affirmations.
::: phx-name
[Section 8-3 Classified And Unclassified
Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-3_Classified_And_Unclassified_Services){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All officers and employees of the city shall be divided into the
classified and the unclassified service.
1. The following shall constitute the unclassified service:
1. The mayor and other councilmen, and the municipal judge;
2. The city manager, and one secretary to the city manager, if any;
3. Members and secretary of each board, commission, or other plural
authority;
4. All personnel who serve without compensation;
5. Persons appointed or employed on a temporary basis to make or
conduct a special audit, inquiry, investigation, study,
examination, or installation, or to perform a temporary
professional or technical service, subject to such exceptions,
limitations, and regulations as the ordinances or personnel
rules may prescribe; and such other temporary personnel as may
be placed in the unclassified service by ordinance or personnel
rules.
2. All other officers and employees shall be in the classified service;
provided that, when the city has over 30,000 people as shown by any
last preceding federal census, any of the following may be placed in
the unclassified service by ordinance or personnel rules: One
assistant city manager if any; the heads, or directors, of
administrative departments; and one secretary for each such head, or
director, who has a secretary.
3. Nothing herein shall prohibit including personnel in the
unclassified service in the classification plan.
::: phx-name
[Section 8-4 Removal, Etc., Hearing Before The Personnel
Board](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-4_Removal,_Etc.,_Hearing_Before_The_Personnel_Board){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager or any other authority who lays off, suspends without
pay for more than ten days, demotes, or removes any regular (that is,
nontemporary) officer or employee in the classified service after a
probationary period of six months, shall, at that time or within two
days thereafter, deliver, or have delivered, or mail by registered,
certified, or similar special mail, to the officer or employee a written
statement of the reason or reasons for the layoff, suspension, demotion,
or removal. Such officer or employee may appeal in writing to the
personnel board. The appeal must be filed with the secretary of the
board, or with the city clerk for transmittal to the board, within ten
(10) days after receipt of notice of the layoff, suspension, demotion,
or removal (which appeal may thus be filed either before or after the
time of effectiveness of the layoff, suspension, demotion, or removal).
As soon as practicable thereafter, the board shall hold a public hearing
on the appeal, or give an adequate opportunity therefor, and shall
report in writing its findings and recommendations, in cases of
subordinates of the city manager, to the city manager, and in other
cases to the respective authorities having power of removal; and the
city manager or other authority having power of removal shall then make
a final decision in writing regarding the appellant\'s layoff,
suspension, demotion, or removal, as the case may be; provided that, if
the board finds that the layoff, suspension, demotion, or removal was
made for a political reason or reasons or for any other reason or
reasons than the good of the service, it shall veto the layoff,
suspension, demotion, or removal, and the action by the city manager or
other authority shall be nullified thereby.\
::: phx-name
[Section 8-5 Qualifications Of Officers And
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-5_Qualifications_Of_Officers_And_Employees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Officers and employees of the city shall have the qualifications
prescribed by this charter and such additional qualifications as the
council may prescribe; but the council shall not prescribe additional
qualifications for councilmen.\
::: phx-name
[Section 8-6
Nepotism](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-6_Nepotism){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Neither the city manager, the council, nor any other authority of the
city government, may appoint or elect any person related to any
councilman, to the city manager, or to himself, or, in the case of a
plural authority, to one of its members, by affinity or consanguinity
within the third degree, to any office or position of profit in the city
government; but this shall not prohibit an officer or employee from
continuing in the service of the city.\
::: phx-name
[Section 8-7 Holding More Than One
Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-7_Holding_More_Than_One_Office){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Except as may be otherwise provided by this charter or by ordinance, the
same person may hold more than one office in the city government. The
city manager may hold more than one such office, through appointment by
himself, by the council, or by other city authority having power to fill
the particular office, subject to any regulations which the council may
make by ordinance; but he may not receive compensation for service in
such other offices. Also the council by ordinance may provide that the
city manager shall hold ex officio designated offices subordinate to the
city manager as well as other designated compatible city offices.\
::: phx-name
[Section 8-8 Official
Bonds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-8_Official_Bonds){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager, the city clerk, the city treasurer, and such other
officers and employees as the council may designate, before entering
upon their duties, shall provide bonds for the faithful performance of
their respective duties, payable to the city, in such form and in such
amounts as the council may prescribe, with a surety company authorized
to operate within the state. The city shall pay the premiums on such
bonds.\
::: phx-name
[Section 8-9 Oath Or Affirmation Of
Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-9_Oath_Or_Affirmation_Of_Office){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every officer of the city, before entering upon the duties of his
office, shall take and subscribe to the oath or affirmation of office
prescribed by the state constitution. The oath or affirmation shall be
filed in the city clerk\'s office.\
::: phx-name
[Section 8-10 Who May Administer Oaths And
Affirmations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-10_Who_May_Administer_Oaths_And_Affirmations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All officers authorized by federal or state law, the mayor, the city
manager, the city clerk, the municipal judge, and such other officers as
the council may authorize, may administer oaths and affirmations in any
matter pertaining to the affairs and government of the city.\
::: phx-name
[Section 8-11 Removal, Etc., Of Officers And
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-11_Removal,_Etc.,_Of_Officers_And_Employees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Except in the case of the municipal judge, the power \[to\] lay off,
suspend, demote, and remove accompanies the power to appoint or elect,
and the city manager, the council, or other appointing or electing
authority at any time lay off, suspend, demote, or remove any officer or
employee to whom he, the council, or the other appointing or electing
authority respectively may appoint or elect a successor.\
::: phx-name
[Section 8-12 Acting Officers And
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-12_Acting_Officers_And_Employees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The appointing or electing authority who may appoint or elect the
successor of an officer or employee, may appoint or elect a person to
act during the temporary absence, leave, disability, or suspension of
such officer or employee, or, in case of a vacancy, until a successor is
appointed or elected and qualifies, unless the council provides by
general ordinance that a particular superior or subordinate of such
officer or employee shall act. The council by general ordinance may
provide for a deputy to act in such cases. Also an acting municipal
judge may be appointed to serve in any case or proceeding for which the
municipal judge is disqualified.\
::: phx-name
[Section 8-13 Officers To Continue Until Successors Are Elected Or
Appointed And
Qualify](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-13_Officers_To_Continue_Until_Successors_Are_Elected_Or_Appointed_And_Qualify){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every officer who is elected or appointed for a term ending at a
definite time, shall continue to serve thereafter until his successor is
elected or appointed and qualifies unless his services are sooner
terminated by resignation, removal, disqualification, death, abolition
of the office, or other legal manner.\
::: phx-name
[Section 8-14 Conflict Of
Interests](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_8-14_Conflict_Of_Interests){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Neither any councilman nor the city manager shall sell or barter
anything to the city or to a contractor to be supplied to the city; or
make any contract with the city; or purchase anything from the city
other than those things which the city offers generally to the public
(as for example, utility services), and then only on the same terms as
are offered to the public. Any such officer violating this section, upon
conviction thereof, shall thereby forfeit his office. Any violation of
this section, with knowledge, express or implied, of the person or
corporation contracting with the city, shall render the contract
voidable by the city manager or the council. This section shall not
apply in cases in which the city acquires property by condemnation.
The council by ordinance or personnel rules may further regulate
conflict of interests and ethics of officers and employees of the city.
::: phx-name
[ARTICLE IX GENERAL AND MISCELLANEOUS
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_IX_GENERAL_AND_MISCELLANEOUS_PROVISIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Section 9-1
Gender](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-1_Gender){.k-link
target="_blank" style="color:#0000EE"}\
[Section 9-2 Initiative And
Referendum](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-2_Initiative_And_Referendum){.k-link
target="_blank" style="color:#0000EE"}\
[Section 9-3 Publicity Of
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-3_Publicity_Of_Records){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Section 9-1
Gender](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-1_Gender){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
When the masculine gender is used in this charter, it shall also mean
the feminine unless the masculine alone is clearly indicated.\
::: phx-name
[Section 9-2 Initiative And
Referendum](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-2_Initiative_And_Referendum){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The powers of the initiative and referendum are reserved to the people
of the city. In the exercise of these powers, the requirements of the
state constitution and law shall be observed.\
::: phx-name
[Section 9-3 Publicity Of
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_9-3_Publicity_Of_Records){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All records and accounts of every office, department, or agency of the
city government, except records and documents the disclosure of which
would tend to defeat the lawful purpose which they are intended to
accomplish, shall be open to public inspection.\
::: phx-name
[ARTICLE X AMENDMENT AND SEPARABILITY OF
CHARTER](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_X_AMENDMENT_AND_SEPARABILITY_OF_CHARTER){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Section 10-1 Amendment: Proposal, Ratification,
Approval](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-1_Amendment:_Proposal,_Ratification,_Approval){.k-link
target="_blank" style="color:#0000EE"}\
[Section 10-2
Separability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-2_Separability){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Section 10-1 Amendment: Proposal, Ratification,
Approval](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-1_Amendment:_Proposal,_Ratification,_Approval){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This charter may be amended by proposals therefor submitted by the
council, or by the mayor upon initiative petition of the electors as
provided by the state constitution, at a general or special election,
ratified by a majority of the qualified electors voting thereon, and
approved by the governor as provided by the state constitution. If more
than one amendment is proposed, all of them except those which are so
interrelated that they should be ratified or rejected together, shall be
submitted in such manner that the electors may vote on them separately.
A proposition to amend this charter may be either in the form of a
proposed amendment to a part or parts of the charter or of a proposed
new charter.\
::: phx-name
[Section 10-2
Separability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_10-2_Separability){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If a court of competent jurisdiction should hold any section or part of
this charter invalid, such holding shall not affect the remainder of
this charter nor the context in which such section or part so held
invalid may appear, except to the extent that an entire section or part
may be inseparably connected in meaning and effect with that section or
part.
If a court of competent jurisdiction holds a part of this charter
invalid, or if a change in the state constitution or law renders a part
of this charter invalid or inapplicable, the council by ordinance may
take such appropriate action as will enable the city government to
function properly.
::: phx-name
[ARTICLE XI SUCCESSION IN
GOVERNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_XI_SUCCESSION_IN_GOVERNMENT){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Section 11-1 Wards
(Reserved)](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-1_Wards_(Reserved)){.k-link
target="_blank" style="color:#0000EE"}\
[Section 11-2 When Charter Goes Into
Effect](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-2_When_Charter_Goes_Into_Effect){.k-link
target="_blank" style="color:#0000EE"}\
[Section 11-3 First Elections Under This
Charter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-3_First_Elections_Under_This_Charter){.k-link
target="_blank" style="color:#0000EE"}\
[Section 11-4 Officers And Employees Under The Town
Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-4_Officers_And_Employees_Under_The_Town_Government){.k-link
target="_blank" style="color:#0000EE"}\
[Section 11-5 Ordinances
Continued](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-5_Ordinances_Continued){.k-link
target="_blank" style="color:#0000EE"}\
[Section 11-6 Pending Actions And
Proceedings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-6_Pending_Actions_And_Proceedings){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Section 11-1 Wards
(Reserved)](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-1_Wards_(Reserved)){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
\
::: phx-name
[Section 11-2 When Charter Goes Into
Effect](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-2_When_Charter_Goes_Into_Effect){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If a majority of the qualified electors of the town voting on the
question vote to ratify this charter, the provisions of this charter
relating to elections shall go into effect immediately upon approval by
the governor as provided by the state constitution, for the purpose of
electing the first councilmen; and the charter shall go into full effect
at 7:30 o\'clock P.M. on the first Monday in May, 1962. The council
shall hold its first meeting at that time.\
::: phx-name
[Section 11-3 First Elections Under This
Charter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-3_First_Elections_Under_This_Charter){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A primary election shall be held on the third Tuesday in March, 1962,
and a general election shall be held on the first Tuesday in April,
1962, to elect a councilman at large and two councilmen from each of the
three wards of the city.
In said primary election, every qualified elector of the city shall be
entitled to vote for two candidates for councilman from each ward, and
the instruction \"Vote for two\" shall be placed above the names of the
candidates for councilman from each ward. The four candidates receiving
the greatest number of votes shall be nominated. Provided that, if there
are not more than two candidates for councilman from a ward, they shall
be elected ipso facto, and their names shall not appear on the primary
or general election ballots. Provided further that, if there are not
more than four candidates for councilman from a ward, the two who
receive the greatest number of votes shall be not only nominated, but
also elected ipso facto, and their names shall not appear on the general
election ballot.
In the general election on the first Tuesday in April, 1962, every
qualified elector of the city shall be entitled to vote for two of the
candidates for councilman from each ward unless the councilmen from a
particular ward have already been elected as provided hereinabove, and
the instruction \"Vote for two\" shall be placed above the names of the
candidates for councilman from each ward.The two candidates receiving
the greatest number of votes shall be elected.
The councilman from each ward (whether elected at the primary or the
general election) who receives more votes shall serve for a term of two
years, and the other councilman from the ward shall serve for a term of
one year. Provided that, if, because of a tie or for any other reason,
it is not thus determined which of the two shall serve for a term of two
years and which shall serve for a term of one year, then such
determination shall be made fairly by lot by the county election board
in a public meeting.
The provisions of article VI of this charter shall apply to the said
elections in 1962 insofar as such provisions are applicable and are not
superseded by the provisions of this section.
::: phx-name
[Section 11-4 Officers And Employees Under The Town
Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-4_Officers_And_Employees_Under_The_Town_Government){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is hereby declared to be the desire of the people of the city that
all incumbents of administrative offices and positions of employment
under the town government (including the incumbents of the offices of
town clerk and town treasurer) shall be continued in the service of the
city under this charter if they are qualified and if the good of the
service permits; but this general statement of desire shall not limit
the power of appointment and removal.
The offices of the town trustees shall terminate when this charter goes
into full effect.
::: phx-name
[Section 11-5 Ordinances
Continued](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-5_Ordinances_Continued){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All ordinances, insofar as they are not inconsistent with this charter,
shall continue in effect until they are repealed or until they expire by
their own limitations.\
::: phx-name
[Section 11-6 Pending Actions And
Proceedings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Section_11-6_Pending_Actions_And_Proceedings){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The adoption of this charter shall not abate or otherwise affect any
action or proceeding, civil or criminal, pending when it takes effect,
brought by or against the municipality or any office, department,
agency, or officer thereof.\
::: {.phx-name .phx-break}
[PART 1 GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_1_GENERAL_PROVISIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[CHAPTER 1-1 DEFINITIONS, INTERPRETATION, APPLICABILITY,
FINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-1_DEFINITIONS,_INTERPRETATION,_APPLICABILITY,_FINES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 1-2 STANDARD RULES; NOTICES, WARRANTS, INSPECTIONS, FEES,
BONDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-2_STANDARD_RULES;_NOTICES,_WARRANTS,_INSPECTIONS,_FEES,_BONDS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 1-3 CORPORATE AND WARD
LIMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-3_CORPORATE_AND_WARD_LIMITS){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[CHAPTER 1-1 DEFINITIONS, INTERPRETATION, APPLICABILITY,
FINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-1_DEFINITIONS,_INTERPRETATION,_APPLICABILITY,_FINES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 1-101 Designation And Citation Of
Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-101_Designation_And_Citation_Of_Code){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-102 Rules Of Code Construction;
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-102_Rules_Of_Code_Construction;_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-103 Authority Of
Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-103_Authority_Of_Code){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-104 Conflicting
Provisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-104_Conflicting_Provisions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-105 References Include Amendments;
Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-105_References_Include_Amendments;_Construction){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-106 Catchlines And Headings;
Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-106_Catchlines_And_Headings;_Construction){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-107 Code Provisions As Continuance Of Existing
Ordinances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-107_Code_Provisions_As_Continuance_Of_Existing_Ordinances){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-108 General And Specific Penalties; Suspension Or Revocation Of
License Or
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-108_General_And_Specific_Penalties;_Suspension_Or_Revocation_Of_License_Or_Permit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-109 Each Day Of Violation Of Code A Separate
Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-109_Each_Day_Of_Violation_Of_Code_A_Separate_Offense){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-110 Prohibited Acts Include Causing, Permitting,
Concealing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-110_Prohibited_Acts_Include_Causing,_Permitting,_Concealing){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-111 Civil Relief From Violations Of Code Of
Ordinances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-111_Civil_Relief_From_Violations_Of_Code_Of_Ordinances){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-112 Territorial
Applicability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-112_Territorial_Applicability){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-113 Ordinances In Effect In Outlying Territory Of
City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-113_Ordinances_In_Effect_In_Outlying_Territory_Of_City){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-114 Official
Seal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-114_Official_Seal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-115 Amendments To
Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-115_Amendments_To_Code){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-116 Code
Severability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-116_Code_Severability){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 1-101 Designation And Citation Of
Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-101_Designation_And_Citation_Of_Code){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The ordinances embraced in this and the following chapters and sections
shall constitute and be designated as the \"City Code of Moore,
Oklahoma,\" and may be so cited. The Code may also be cited as the
\"City Code\" or in the provisions which follow, as the \"Code.\"
(Prior Code, § 1-1; Code 1999, § 1-101)
**State Law reference**--- Adoption, revision of codes of ordinances, 11
O.S. §§ 14-108, 14-109.
::: phx-name
[Sec 1-102 Rules Of Code Construction;
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-102_Rules_Of_Code_Construction;_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. In the construction of this Code and all ordinances, the following
rules of construction and definitions shall be observed unless
inconsistent with the manifest intent of the city council or the
context clearly requires otherwise:\
*\
Administrative regulations*. The term \"administrative regulations\"
means written orders which are issued by approval of the mayor or
city manager.\
*\
Bond*. The term \"bond\" means an obligation in writing, binding the
signatory to pay a sum certain upon the happening or failure of an
event.\
*\
Building*. The term \"building\" means any structure intended to
have walls and a roof.\
*\
Building official*. The term \"building official\" means the person
appointed by the city manager and designated as the city\'s building
official.\
*\
Business*. The term \"business\" means any profession, trade,
occupation and any other commercial enterprise conducted for
monetary reward.\
*\
Charter*. The term \"Charter\" means the Charter of the City of
Moore.\
*\
City*. The term \"city\" means the City of Moore, in the County of
Cleveland and State of Oklahoma.\
*\
City limits*. The term \"city limits\" means within the city and
includes not only the corporate limits of the city but also any
property which it owns or which is under its jurisdiction.\
*\
Clerk*. The term \"clerk\" means the city clerk.\
*\
Conjunctions*. In a provision involving two or more items,
conditions, provisions or events, which items, conditions,
provisions or events are connected by the conjunction \"and,\"
\"or\" or \"either ... or,\" the conjunction shall be interpreted as
follows, except that the term \"or\" may be read \"and,\" and the
term \"and\" may be read \"or\" if the sense requires it:
1. \"And\" indicates that all the connected terms, conditions,
provisions or events apply.
2. \"Or\" indicates that the connected terms, conditions,
provisions or events apply singly or in any combination.
3. \"Either ... or\" indicates that the connected terms,
conditions, provisions or events apply singly but not in
combination.
*Council*. The term \"council\" means the governing body of the
city; the city council.\
*\
County*. The term \"county\" means Cleveland County, Oklahoma.\
*\
Definitions*. Definitions given within a chapter or article apply
only to words or phrases used in such chapter or article unless
otherwise provided.\
*\
Designee*. The term \"designee,\" following an official of the city,
means the authorized agent, employee or representative of such
official.\
*\
Gender*. Words importing the masculine gender include the feminine
and neuter as well as the masculine.\
*\
Health officer*. The term \"health officer\" means the administrator
of the cooperative department of the county and the city.\
*\
Keeper*. The term \"keeper\" means one in possession of or who has
the care, custody or superintendence of a thing, place or business,
whether or not the owner or proprietor, and includes any person,
firm, association, corporation, club and copartnership, whether
acting by themselves or by a servant, agent or employee.\
*\
Law*. The term \"law\" means applicable federal law and court
decisions, court decisions and provisions of the constitution and
statutes of the state, ordinances and Charter of the city, and, when
appropriate, any and all rules and regulations promulgated
thereunder.\
*\
Manager*. The term \"manager\" means the city manager.\
*\
May*. The term \"may\" is permissive and discretionary.\
*\
Mayor*. The term \"mayor\" means the mayor of the city.\
*\
Month*. The term \"month\" means a calendar month.\
*\
Number*. Words used in the singular include the plural and the
plural includes the singular.\
*\
Oath*. The term \"oath\" means any form of attestation by which a
person signifies that he is bound in conscience to perform an act or
to speak faithfully and truthfully, and includes an affirmation or
declaration in cases where by law an affirmation may be substituted
for an oath.\
*\
Occupant*. The term \"occupant\" means the tenant or person in
actual possession.\
*\
Operate*. The term \"operate\" means carry on, keep, conduct,
maintain, manage, direct or superintend.\
*\
Ordinances*. The term \"ordinances\" means the ordinances of the
city and all amendments and supplements thereto.\
*\
O.S.* The abbreviation \"O.S.\" means the latest edition of the
Oklahoma Statutes, as now or hereafter amended.\
*\
Owner*. The term \"owner\" means one who has complete dominion over
particular property and who is the one in whom legal or equitable
title rests. When applied to a building or land, the term \"owner\"
means any part owner, joint owner, owner of a community or
partnership interest, life tenant, tenant in common, or joint
tenant, of the whole or part of such building or land.\
*\
Person*. The term \"person\" means any individual, natural person,
joint stock company, partnership, voluntary association, club, firm,
company, corporation, business trust, organization, or any other
bodies corporate or politic or group acting as a unit, or the
manager, lessee, agent, servant, partner, member, director, officer
or employee of any of them, including an executor, administrator,
trustee, receiver, or other representative appointed according to
law.\
*\
Personal property*. The term \"personal property\" means any money,
goods, movable chattels, things in action, evidence of debt, all
objects and rights which are capable of ownership, and every other
species of property except real property.\
*\
Preceding; following*. The terms \"preceding\" and \"following\"
mean next before and next after, respectively.\
*\
Proprietor*. The term \"proprietor\" means an owner of the property
or premises, including any person, firm, association, corporation,
club, partnership or other group acting as a unit, whether acting by
themselves or by a servant, agent or employee.\
*\
Public place*. The term \"public place\" means and includes any
public street, road or highway, alley, lane, sidewalk, crosswalk, or
other public way, or any public resort, place of amusement, stadium,
athletic field, park, playground, public building or grounds
appurtenant thereto, school building or school grounds, public
parking lot or any vacant lot, the elevator, lobby, halls, corridors
and areas open to the public of any store, office, or apartment
building, or any other place commonly open to the public.\
*\
Real property*. The term \"real property\" means land together with
all things attached to the land so as to become a part thereof.\
*\
Shall*. The term \"shall\" is mandatory.\
*\
Sidewalk*. The term \"sidewalk\" means that portion of a street
between the curbline and the adjacent property along the margin of a
street or other highway, designed, constructed and intended for the
use of pedestrians to the exclusion of vehicles.\
*\
Signature; subscription*. The terms \"signature\" and
\"subscription\" mean the name of a person, mark or symbol appended
by him to a writing with intent to authenticate the instrument as
one made or put into effect by him.\
*\
State*. The term \"state\" means the State of Oklahoma.\
*\
Statutes*. The term \"statutes\" means the Oklahoma Statutes as they
are now or as they may be amended to be.\
*\
Street*. The term \"street\" means all streets, highways, avenues,
boulevards, parkways, roads, lanes, viaducts, bridges and the
approaches thereto, docks built on the public street, alleys,
courts, places, squares, curbs, sidewalks, recreation and park lands
used for vehicular traffic, or other public ways or thoroughfares in
the city, over which it has jurisdiction, which have been or may
hereafter be dedicated and open to public use, or such other public
property so designated in any law of the state.\
*\
Tenant*. The term \"tenant\" means any person occupying the
premises, building or land of another in subordination to such other
person\'s title and with his express or implied assent, whether he
occupies the whole or a part of those premises, buildings or lands,
whether alone or with others.\
*\
Tense*. Words used in the past or present tense include the future,
past and present where applicable unless the context clearly
indicates otherwise.\
*\
Time*. The term \"time\" means the hour of the day according to the
official time of the day.\
*\
Time of performance*. The term \"time of performance\" means the
time within which an act is to be done as provided in any section or
any order issued pursuant to any section, when expressed in days,
and is computed by excluding the first and including the last day.
If the last day is a Sunday or legal holiday, that day shall not be
counted in the computation. When the time is expressed in hours, the
whole of Sunday or a legal holiday from midnight to midnight is
excluded.\
*\
Treasurer*. The term \"treasurer\" means the city treasurer.\
*\
Watercourse*. The term \"watercourse\" means any drain, ditch and
stream, flowing in a definite direction or course in a bed with
banks.\
*\
Week*. The term \"week\" means seven days.\
*\
Writing; written*. The terms \"writing\" and \"written\" mean any
representation of words, letters or figures, whether by printing or
otherwise, capable of comprehension by ordinary visual means.\
*\
Year*. The term \"year\" means a calendar year.
2. Words and phrases are construed according to the common and approved
usage of the language, but technical words and phrases and others
that have acquired a peculiar and appropriate meaning in the law are
construed and understood according to such meaning.
(Prior Code, § 1-4; Code 1999, § 1-102)
::: phx-name
[Sec 1-103 Authority Of
Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-103_Authority_Of_Code){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This Code is a revision and codification of the general ordinances of
the city which have been enacted and published in accordance with the
authority granted in 11 O.S. §§ 14-108 and 14-109.
(Code 1999, § 1-103)
::: phx-name
[Sec 1-104 Conflicting
Provisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-104_Conflicting_Provisions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. If the provisions of different parts, chapters, articles, divisions
or sections of this Code conflict with or contravene each other, the
provisions of each part, chapter, article, division or section shall
prevail as to all matters and questions growing out of the subject
matter of that part, chapter, article, division or section.
2. If clearly conflicting provisions are found in different sections of
the same chapter, the provisions of the section last enacted shall
prevail unless the construction is inconsistent with the meaning of
that section.
3. Where any conflict exists between a part, chapter, article, division
or section of this Code and any chapter or section of the Charter,
the latter shall prevail.
(Code 1999, § 1-104)
::: phx-name
[Sec 1-105 References Include Amendments;
Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-105_References_Include_Amendments;_Construction){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any reference in this Code to an ordinance or provision of this Code
means such ordinance or provision as may now exist or is hereafter
amended.
2. Any references in this Code to parts, chapters, articles, divisions
or sections shall be to the parts, chapters, articles, divisions or
sections of this Code unless otherwise specified.
(Code 1999, § 1-105)
::: phx-name
[Sec 1-106 Catchlines And Headings;
Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-106_Catchlines_And_Headings;_Construction){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All designations and headings of parts, chapters, articles,
divisions and sections are intended only for convenience in
arrangement and as mere catchwords to indicate the contents of such
parts, chapters, articles, divisions or sections, whether printed in
capital letters or bold face type. They shall not be deemed or taken
to be any part or title of such parts, chapters, articles, divisions
or sections; nor, unless expressly so provided, shall they be so
deemed upon amendment or reenactment; nor shall they be construed to
govern, limit, modify, alter or in any other manner affect the
scope, meaning or intent of any of the provisions of this Code.
2. The history or source notes appearing in parentheses after sections
in this Code have no legal effect and only indicate legislative
history. Editor\'s notes, cross references and state law references
that appear in this Code after sections or subsections or that
otherwise appear in footnote form are provided for the convenience
of the user of the Code and have no legal effect.
(Prior Code, § 1-2; Code 1999, § 1-106)
::: phx-name
[Sec 1-107 Code Provisions As Continuance Of Existing
Ordinances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-107_Code_Provisions_As_Continuance_Of_Existing_Ordinances){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions appearing in this Code, insofar as they relate to the
same subject matter and are substantially the same as those ordinance
provisions previously adopted by the city and existing at the effective
date of this Code, shall be considered as restatements and continuations
thereof and not as new enactments.
(Code 1999, § 1-107)
::: phx-name
[Sec 1-108 General And Specific Penalties; Suspension Or Revocation Of
License Or
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-108_General_And_Specific_Penalties;_Suspension_Or_Revocation_Of_License_Or_Permit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Whenever in this Code, in any ordinance of the city, or in any rule
or regulation promulgated pursuant to this Code, any act or failure
to do a required act is prohibited or is made or declared to be
unlawful or an offense or a misdemeanor, where no specific penalty
is provided herein or therefor, the violation of any such provision
of this Code or any ordinance or rule shall be punished by a fine
not exceeding \$500.00, unless the penalty is limited by state law,
in which case the violations shall be punishable by not to exceed
the maximum permitted by state law or the amount declared by the
city, whichever is greater. Nothing in this section shall be deemed
to impose a penalty upon city officers or city employees for failure
to perform an official duty unless it is specifically provided that
such failure shall be punished as provided in this section.
2. The following specific offenses, unless provided in this Code, shall
be punished by a fine not exceeding \$500.00, or 30 days
imprisonment, or both such fine and imprisonment:\
----------------------------------- -----------------------------------
Offense\ Code Section\
Sales tax\ 7-316
Hotel tax\ 7-525
Eluding a police officer\ 10-608
Battery on an officer\ 10-605
----------------------------------- -----------------------------------
3. The following specific offenses, unless otherwise provided in this
Code, shall be punished by a fine not exceeding \$800.00.\
The court shall remit \$50.00 of each alcohol fine or deferral fee
to a fund of the city that shall be used to defray costs for
enforcement of laws relating to juvenile access to alcohol, other
laws relating to alcohol and other intoxicating substances, and
traffic-related offenses involving alcohol or other intoxicating
substances.
4. The suspension or revocation of any license, certificate or other
privilege conferred by the city shall not be regarded as a penalty
for the purposes of this Code but shall be in addition thereto.
(Prior Code, § 1-10; Code 1999, § 1-108; Ord. No. 559(91), 6-17-1991;
Ord. No. 7(91), 12-16-1991; Ord. No. 20(92), 4-6-1992; Ord. No. 62(93),
10-4-1993; Ord. No. 65(93), 11-15-1993; Ord. No. 69(94), 1-3-1994; Ord.
No. 72(94), 1-3-1994; Ord. No. 269(00), 1-18-2000; Ord. No. 482(04),
10-18-2004; Ord. No. 552(06), 9-5-2006)
**State Law reference**--- Penalty for ordinance violations, 11 O.S. §
14-111
::: phx-docs
HISTORY\
*Amended by Ord.
[896(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346633_Ordinance%20No.%20896%20(18).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/3/2018\
*
:::
::: phx-name
[Sec 1-109 Each Day Of Violation Of Code A Separate
Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-109_Each_Day_Of_Violation_Of_Code_A_Separate_Offense){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Except as otherwise provided:
1. With respect to violations that are continuous with respect to time,
each day the violation continues is a separate offense.
2. With respect to other violations, each violation constitutes
separate offense.
(Prior Code, § 1-10, in part; Code 1999, § 1-109)
::: phx-name
[Sec 1-110 Prohibited Acts Include Causing, Permitting,
Concealing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-110_Prohibited_Acts_Include_Causing,_Permitting,_Concealing){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whenever in this Code any act or omission is made unlawful or
prohibited, it shall include causing, allowing, permitting, aiding,
abetting or concealing the fact of such act or omission.
(Code 1999, § 1-110)
::: phx-name
[Sec 1-111 Civil Relief From Violations Of Code Of
Ordinances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-111_Civil_Relief_From_Violations_Of_Code_Of_Ordinances){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No penalty imposed by or pursuant to section 1-108 or any other section
of this Code or other ordinance of the city shall interfere with the
right of the city to apply to the proper courts of the state for a writ
of mandamus, an injunction or other appropriate relief in the case of
violations of this Code or other ordinances.
(Code 1999, § 1-111)
::: phx-name
[Sec 1-112 Territorial
Applicability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-112_Territorial_Applicability){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Except as provided otherwise, this Code refers only to the commission or
omission of acts within the territorial limits of the city and to that
territory outside the city over which the city has jurisdiction,
ownership or control by virtue of any constitutional or Charter
provision, or any law.
(Code 1999, § 1-112)
::: phx-name
[Sec 1-113 Ordinances In Effect In Outlying Territory Of
City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-113_Ordinances_In_Effect_In_Outlying_Territory_Of_City){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All ordinances of the city now in effect within the city are hereby
extended to all real property belonging to, or under the control of, the
city outside the corporate limits of the city, and is in full effect
therein, insofar as they are applicable. All ordinances of the city
which shall go into effect in the future shall also apply to, and be in
full effect within, the boundaries of all outlying real property,
insofar as they may be applicable. Any words in any ordinance indicating
that the effect of an ordinance provision is limited to the corporate
limits of the city shall be deemed to mean and include also the outlying
real property belonging to, or under the control of, the city, unless
the context clearly indicates otherwise.
(Prior Code, § 1-7; Code 1999, § 1-113)
::: phx-name
[Sec 1-114 Official
Seal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-114_Official_Seal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The seal of the city shall be of circular form and shall have lettered
in the upper portion of its outer circumference the words \"City of
Moore\" and in the lower portion of its outer circumference the words
\"Moore, Oklahoma.\" The words \"Corporate Seal\" shall be lettered
within the inner circle of the seal. The seal shall be the corporate
seal of the city and shall be used for the authentication of all
documents required by law to be sealed with the seal of the city.
(Prior Code, § 1-8; Code 1999, § 1-114)
::: phx-name
[Sec 1-115 Amendments To
Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-115_Amendments_To_Code){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Amendments to any of the provisions of this Code shall be made by
amending such provisions by specific reference to the section number
of this Code in the following language: \"That section \_\_\_\_\_ of
the Moore City Code is hereby amended to read as follow:....\" The
new provisions shall then be set out in full as desired.
2. In the event a new section not heretofore existing in the Code is to
be added, the following language shall be used: \"That the Moore
City Code is hereby amended by adding a section, to be number
\_\_\_\_\_, which section reads as follows:....\" The new section
shall then be set out in full as desired.
(Prior Code, § 1-11; Code 1999, § 1-115)
::: phx-name
[Sec 1-116 Code
Severability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-116_Code_Severability){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is declared to be the intention of the council that the sections,
subsections, paragraphs, sentences, clauses and words of this Code are
severable. If any section, subsection, paragraph, sentence, clause or
word is declared unconstitutional or otherwise invalid by the judgment
or decree of any court of competent jurisdiction, its
unconstitutionality or invalidity shall not affect the validity of any
of the remaining sections, subsections, paragraphs, sentences, clauses
and words of this Code, since the sections or parts of sections would
have been enacted by the council without and irrespective of any
unconstitutional or otherwise invalid section, subsection, paragraph,
sentence, clause or word being incorporated into this Code.
(Prior Code, § 1-13; Code 1999, § 1-116)
::: phx-name
[CHAPTER 1-2 STANDARD RULES; NOTICES, WARRANTS, INSPECTIONS, FEES,
BONDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-2_STANDARD_RULES;_NOTICES,_WARRANTS,_INSPECTIONS,_FEES,_BONDS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 1-201 Acts By Deputy Or
Designee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-201_Acts_By_Deputy_Or_Designee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-202 Notices; Service And
Proof](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-202_Notices;_Service_And_Proof){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-203 Inspections And Right Of
Entry](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-203_Inspections_And_Right_Of_Entry){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-204 Schedule Of Fees And Charges
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-204_Schedule_Of_Fees_And_Charges_Created){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-205 Bonds, Schedule
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-205_Bonds,_Schedule_Created){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 1-201 Acts By Deputy Or
Designee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-201_Acts_By_Deputy_Or_Designee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whenever a power is granted to or a duty is imposed upon a public
officer or employee, the power may be performed by an authorized deputy
or designee or by any person authorized pursuant to law or ordinances,
unless this Code expressly provides otherwise.
(Code 1999, § 1-201)
::: phx-name
[Sec 1-202 Notices; Service And
Proof](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-202_Notices;_Service_And_Proof){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Unless otherwise specifically provided in this Code or applicable
law, whenever a notice is required to be given pursuant to any
section of this Code, such notice shall be given either by personal
delivery to the person to be notified or by deposit in the United
States mail in a sealed envelope, postage prepaid, addressed to the
person to be notified at his last-known business or residence
address as the same appears in applicable city records or other
records pertaining to the matter for which such notice is served, or
by any other method of delivery approved by law. Service by mail
shall be deemed to have been completed at the time of deposit in the
post office or any United States mailbox.
2. Unless otherwise specifically provided, proof of giving any notice
may be made by the certificate of any officer or employee of the
city or by affidavit of any person over the age of 18 years who
actually accomplished personal service in conformity with this Code
or other provisions of law applicable to the subject matter
concerned, or by a return receipt signed by the recipient notified
by United States mail.
(Code 1999, § 1-202)
::: phx-name
[Sec 1-203 Inspections And Right Of
Entry](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-203_Inspections_And_Right_Of_Entry){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. To enforce the provisions of this Code, the city manager or his
designee or any other person designated by this Code or otherwise
shall have a right of entry on premises for inspection purposes in
the manner and to the extent as may be authorized by applicable law.
This right of entry shall be a condition of any permit, license,
grant or any utility service with or provided by the city. For the
purpose of this section, inspection includes records and papers on
the premises or of the permittee, licensee, grantee or customer
relating to the permit, license, grant or service.
2. Emergency inspections may be authorized if the city manager or his
designated representative has reason to believe that a condition
exists which poses an immediate threat to life, health or safety.
Such procedure shall take place in accordance with applicable law.
3. Where the city manager or other designated representative is
otherwise impeded or prevented by the owner, occupant or operator
from conducting an inspection of the premises, such person shall be
in violation of this section.
(Code 1999, § 1-203)
::: phx-name
[Sec 1-204 Schedule Of Fees And Charges
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-204_Schedule_Of_Fees_And_Charges_Created){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. There is hereby created a schedule of fees and charges, which shall
contain those fees and charges for the various licenses, permits and
other fees and charges as designated by the council. Where a fee or
charge is authorized to be collected by the city in any ordinance,
the amount of the fee or charge shall be set by resolution or motion
and entered into the schedule of fees and charges. The schedule
shall be kept on file in the office of the clerk, to whom all fees
and charges shall be paid unless otherwise provided. A copy may be
obtained upon payment of a fee as set forth in the schedule of fees
and charges.
2. The schedule of fees and charges hereby created shall also be known
and may be cited as the fee schedule.
(Code 1999, § 1-205)
::: phx-name
[Sec 1-205 Bonds, Schedule
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-205_Bonds,_Schedule_Created){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby created a schedule of surety and other bonds required by
this Code which shall contain the amounts of those bonds as designated
by the council by resolution or motion. The schedule shall be kept on
file in the office of the clerk and may be known and cited as the bond
schedule.
(Code 1999, § 1-206)
::: phx-name
[CHAPTER 1-3 CORPORATE AND WARD
LIMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_1-3_CORPORATE_AND_WARD_LIMITS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 1-301 Map Of The
City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-301_Map_Of_The_City){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 1-302 Ward
Boundaries](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-302_Ward_Boundaries){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 1-301 Map Of The
City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-301_Map_Of_The_City){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The map of the city showing its territorial limits, as maintained in the
office of the city clerk, is hereby designated as the official map of
the city, and the corporate limits as shown thereon, and as amended, are
declared to be the true and correct corporate limits of the city,
including all annexations made to the city through and including the
date of September 30, 1990.
(Prior Code, § 1-14; Code 1999, § 1-301)
::: phx-name
[Sec 1-302 Ward
Boundaries](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_1-302_Ward_Boundaries){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The three wards of the city shall consist of the following area, as
amended from time to time:
1. Ward One consists of all that land or area lying within the
limits of the city, and within the following described
boundaries: the southwest quarter of Section 28, the south half
of Section 29, all of Sections 19 and 30, the north half and the
west half of the southeast quarter of Section 31 , the north
half, the southeast quarter, and the southeast quarter of the
southwest quarter of Section 32 , and the northwest quarter of
Section 33, all in Township 10 North, Range 2 West of the Indian
Meridian, Cleveland County, Oklahoma; and all of Section 13, all
of Section 14 lying south of Main Street and East of Broadway
Street, all of Section 23 lying east of Broadway Avenue, all of
Sections 24 and 25, and 36, all in Township 10 North, Range 3
West of the Indian Meridian, Cleveland County, Oklahoma.
2. Ward Two consists of all that land or area lying within the
limits of the city, and within the following described
boundaries: the west half of the southeast quarter of Section 7,
the southeast quarter of the southeast quarter of Section 7, and
all of Section 18, all in Township 10 North, Range 2 West of the
Indian Meridian, Cleveland County, Oklahoma; and the south half
of Sections 1, 2 and 3, the southeast quarter of Section 9, all
of Sections 10, 11, and 12, the northeast quarter of Section 16,
that portion of Section 14 lying north of Main Street and east
of Interstate35 Street, all in Township 10 North, Range 3 West
of the Indian Meridian, Cleveland County, Oklahoma.
3. Ward Three consists of all that land or area lying within the
limits of the city, and within the following described
boundaries: all of Section 14 lying south of Main Street and
west of Broadway Avenue, , all of Sections 15 and 22, all of
Section 23 lying west of Broadway Avenue, all of Sections 26 and
27, the east half of Section 28, the north half of Section 34,
and all of Section 35 lying west of Interstate 35, all in
Township 10 North, Range 3 West, of the Indian Meridian,
Cleveland County, Oklahoma.
2. References to streets, avenues, highways, roads and rights-of-way in
subsection (A) of this section shall mean the centerlines thereof;
and reference to the boundary of the city limits shall mean the
boundary or limits of the city as it now exists or as it may
hereafter exist.
(Prior Code, §§ 2-258, 2-259; Code 1999, § 1-302; Ord. No. 13(92),
1-21-1992; Ord. No. 347(02), 1-7-2002; Ord. No. 708(11), 11-21-2011)
**State Law reference**--- Wards 11 O.S. § 20-101 et seq.
::: phx-docs
HISTORY\
*Amended by Ord.
[1000.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1000.22.pdf){.k-link
target="_blank" style="color:#0000EE"} on 3/7/2022\
*
:::
::: {.phx-name .phx-break}
[PART 2 ADMINISTRATION AND
GOVERNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_2_ADMINISTRATION_AND_GOVERNMENT){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[CHAPTER 2-1 GOVERNMENT
ORGANIZATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-1_GOVERNMENT_ORGANIZATION){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 2-2 RETIREMENT AND
PENSIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-2_RETIREMENT_AND_PENSIONS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 2-3 CITY RECORDS AND
PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-3_CITY_RECORDS_AND_PROPERTY){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 2-4 CITY BOARDS AND
COMMISSIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-4_CITY_BOARDS_AND_COMMISSIONS){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[CHAPTER 2-1 GOVERNMENT
ORGANIZATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-1_GOVERNMENT_ORGANIZATION){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 2-101 Form Of
Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-101_Form_Of_Government){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-102 Meetings Of The
Council](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-102_Meetings_Of_The_Council){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-103 Citizen Participation In Council And Public Works
Meetings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-103_Citizen_Participation_In_Council_And_Public_Works_Meetings){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-104 Mayor\'s Powers And Duties,
Vice-Mayor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-104_Mayor's_Powers_And_Duties,_Vice-Mayor){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-105 City Manager Appointment By Council; Powers And
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-105_City_Manager_Appointment_By_Council;_Powers_And_Duties){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-106 City Clerk Appointment;
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-106_City_Clerk_Appointment;_Duties){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-107 City Treasurer Appointment;
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-107_City_Treasurer_Appointment;_Duties){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-108 City
Attorney](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-108_City_Attorney){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-109 Administrative Departments, Officers, And
Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-109_Administrative_Departments,_Officers,_And_Agencies){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-110 Bonds For City Officers And
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-110_Bonds_For_City_Officers_And_Employees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-111 Removal Of Officers And
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-111_Removal_Of_Officers_And_Employees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-112 Compensation Of Officers And
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-112_Compensation_Of_Officers_And_Employees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-113 Books Delivered To
Successor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-113_Books_Delivered_To_Successor){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-114 Conduct Of Hearings For City Manager
Termination](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-114_Conduct_Of_Hearings_For_City_Manager_Termination){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-115 Risk Management
Program](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-115_Risk_Management_Program){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-116 Personnel
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-116_Personnel_Regulations){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 2-101 Form Of
Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-101_Form_Of_Government){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city is governed under the council-manager form of government. All
powers of the city shall be exercised in the manner prescribed by the
city Charter, by this Code, by state statute and in such manner
prescribed by ordinances adopted by the city council, only if not in
conflict with the city Charter.
(Code 1999, § 2-101)
::: phx-name
[Sec 2-102 Meetings Of The
Council](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-102_Meetings_Of_The_Council){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Regular meetings of the city council shall be held at 6:30 p.m. on
the first and third Monday of each month unless the Monday is a
holiday or a day formally recognized as a holiday by the city
council. Meetings that fall on a Monday which are a formal holiday
shall be held on the next business day thereafter, at the same times
and specified location.
1. No regular meeting of the city council shall continue past 10:00
p.m. unless extended by a majority vote of the city council
pursuant to the guidelines set forth below. Under no
circumstances shall a regular meeting of the city council extend
past 12:00 midnight.
2. Regular scheduled meetings of the city council may be continued
past 10:00 p.m. by majority vote of the city council under the
following provisions:
1. To ensure that the city meets its financial obligations
council may extend a meeting to consider items on the
\"claims list\" and consent docket;
2. A regularly scheduled meeting may be extended past 10:00
p.m. to allow the city council to consider any agenda item
which is of critical importance to the operation of
municipal government or is an item which significantly
affects the health, safety, and welfare of the community. To
enable the city council to efficiently and properly conclude
its business after 10:00 p.m. the council should consider
only those items which are necessary, or those items
sponsored or requested by private individuals;
3. Regular meetings of the city council which extend beyond the
10:00 p.m. curfew may be recessed and reconvened to a date
and time certain. The recessed meeting should be reconvened
within seven days following the suspended meeting. Only
matters appearing on the agenda of the meeting which is
continued may be discussed at the reconvened meeting;
4. Nothing in this policy shall prevent council from exercising
other aspects of Robert\'s Rules of Order or any council
policies or procedures that may hereinafter be enacted in
conducting its business. (For example, council may vote to
table any number of agenda items to the following regularly
scheduled meeting instead of having to hold a reconvened or
recessed meeting.)
2. The mayor with the assistance of the city manager and city staff
shall, no later than five days prior to each regular council meeting
of the city council, prepare and deliver to each councilmember\'s
home address, an agenda comprised of matters to be presented to,
considered by, discussed or resolved at or acted upon by the council
at its next regular meeting, and shall include thereon all matters
of city business to come before the council. No matter shall be
presented to or discussed at any meeting of the council except
matters so placed on the agenda and matters so necessarily concerned
or directly connected therewith. Provided, an entirely new matter
may be so presented, discussed and acted upon in accordance with the
provisions of the Oklahoma Open Meeting Act (25 O.S. § 301 et seq.).
No claim shall be acted upon or allowed by the council unless it has
been listed within the agenda delivered to the council as prescribed
herein. Payment of emergency claims, not included in the agenda, may
be submitted and paid upon six affirmative votes or a three-quarter
majority of the councilmembers present.
3. The council may meet in executive or closed session as authorized by
the Oklahoma Open Meeting Act (25 O.S. § 301 et seq.).
(Prior Code, §§ 2-16---2-19; Code 1999, § 2-102; Ord. No. 56(93),
7-6-1993; Ord. No. 94(94), 9-19-1994; Ord. No. 107(94), 12-19-1994; Ord.
No. 126(95), 6-5-1995; Ord. No. 132(95), 10-2-1995)
::: phx-name
[Sec 2-103 Citizen Participation In Council And Public Works
Meetings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-103_Citizen_Participation_In_Council_And_Public_Works_Meetings){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is the policy of the city that participation of residents of the
city and other interested persons be encouraged in the meetings of
the city council. The rights of freedom of speech and to petition
the city\'s governing bodies for redress of grievances shall not be
abridged, and no regulation of time, place or manner of such
participation shall be construed to regulate speech on the basis of
content.
2. There shall be no restriction on the rights of residents of the city
to verbally address the city council, nor upon the legal
representatives of such residents, except as follows:
1. Any resident or legal representative may speak on any agenda
item or upon any proper item of discussion permitted by the
Oklahoma Open Meeting Act for five minutes only. The city
council may call for the pending question with a two-thirds
majority of all members present and voting. The city council may
vote by a simple majority of all members present and voting to
end an item set for discussion only, in the event that the city
council determines that any further discussion would be
cumulative;
2. Nonresidents of the city and their legal representatives may
speak for five minutes only on any agenda item or upon any
proper item of discussion in which they are directly interested,
or upon which proposed action or discussion they would or may
experience a legally recognized harm, subject to the limitations
on debate/discussion set forth in subsection (B)(1) of this
section;
3. Time spent by councilmen who verbally respond to resident or
nonresident participants under this section shall not count
against the five-minute time limit;
4. During new matters, emergency matters and discussion only items,
the five-minute time shall apply regardless of the number of
issues the speaker wishes to address. Speaking time may not be
loaned or shared;
5. The city council, by a majority vote, may permit additional
discussion by technical experts, consultants and professionals
who are in favor of or opposed to any proposed action by the
city council upon terms that are neutral and which are in
furtherance of open debate;
6. Those who wish to be heard at city council meetings shall fill
out a \"Request to be Heard\" form for each agenda item to be
discussed or commented upon. The form is to be adopted by order
of the city manager or by resolution, giving name, address and
the agenda item the person wishes to comment on. Completed forms
will be given to the city clerk or the assistant or deputy
thereof, prior to the beginning of each meeting. Blank forms,
sufficient in number, shall be available inside the city council
chambers prior to each meeting;
7. Any person shall be permitted to submit written materials or
documents to the city council;
8. This subsection (B) shall not apply to those officers, agents,
servants or employees of the city or the public works authority
who have been requested by the city manager, mayor or city
council to speak on a specific agenda item.
3. No person, whether a city resident, nonresident, a legal
representative or otherwise, may, alone or in concert with others,
willfully disturb, disrupt or interfere with any meeting of the city
council or the public works authority by:
1. Engaging in violent, tumultuous or threatening behavior;
2. Using abusive or obscene language or making an obscene gesture;
3. Failure to yield the floor or podium when the speaker is
requested to do so by the presiding officer of the meeting
pursuant to a lawful order, such as in cases when the speaker\'s
time is expired, or the question successfully called for the
requisite number of councilmen; or
4. Failure to state, when requested by the presiding officer of the
meeting, the speaker\'s own name and address for the record of
the meeting.
4. A digest stating in laymen\'s terms the requirements for
participation in city council meetings shall be available to the
public prior to each city council meeting.
5. Violation of this section shall be an offense, punishable as
provided in section 1-108.
6. The provisions of this section shall be enforced by the senior city
law enforcement officer present at the meeting, including the public
works authority, with or without the direction of the presiding
officer.
(Code 1999, § 2-103; Ord. No. 450, 6-20-1988; Ord. No. 55(93),
6-21-1993)
::: phx-name
[Sec 2-104 Mayor\'s Powers And Duties,
Vice-Mayor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-104_Mayor's_Powers_And_Duties,_Vice-Mayor){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The mayor and vice-mayor shall have all the powers and duties prescribed
by the Charter, and state law, and as may be prescribed by ordinance
only if not in conflict with the Charter.
(Prior Code, §§ 2-51, 2-53, in part; Code 1999, § 2-104)
::: phx-name
[Sec 2-105 City Manager Appointment By Council; Powers And
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-105_City_Manager_Appointment_By_Council;_Powers_And_Duties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager shall be appointed by the city council and shall be the
administrative officer and head the administrative branch of the city
government and shall exercise the powers and duties granted him by the
city Charter.
(Code 1999, § 2-105)
::: phx-name
[Sec 2-106 City Clerk Appointment;
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-106_City_Clerk_Appointment;_Duties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city clerk shall have the custody of the records, books and
papers of the city and shall perform all other duties pertaining to
the office as required by law.
2. The clerk shall keep and preserve in his office the corporate seal
of the city, all records and public papers and documents of the
city, not belonging to any other officer. He shall perform such
other duties as may be imposed upon him by ordinance or law.
3. The city manager, or the city clerk when empowered by the city
manager, may designate some person as deputy clerk of the city and
shall prescribe the duties of such deputy clerk from time to time.
The deputy clerk shall perform all of the duties of the city clerk
upon the death, disability or resignation or illness of the clerk.
Such deputy clerk shall perform the duties only until the selection
of a successor to the clerk, or until return or recovery of the
clerk. The deputy clerk shall render such aid and assistance and
perform such duties in the conduct of the clerk\'s office as may be
required by the clerk. The deputy clerk shall take and subscribe to
the oath and in all respects qualify for such office in the same
manner as the city clerk.
(Prior Code, §§ 2-81, 2-82, 2-85; Code 1999, § 2-106)
::: phx-name
[Sec 2-107 City Treasurer Appointment;
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-107_City_Treasurer_Appointment;_Duties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city treasurer shall receive all monies due the city from any
and all sources, except as are received by other officers and by
them paid to the city treasurer, and pay out the same on order of
the city council, drawn, signed and attested in accordance with law.
2. The treasurer shall keep his records in accordance with an
accounting system acceptable for governmental accounting and
financial recordkeeping.
3. The treasurer shall deposit daily all funds coming into his hands
for the city in such depositories as the council may designate; and
shall disburse such funds in the manner provided by applicable laws
or ordinances. He shall have such other powers, duties and functions
as may be prescribed by the Charter, by applicable law or by
ordinance.
(Prior Code, §§ 2-106---2-108, in part; Code 1999, § 2-107)
::: phx-name
[Sec 2-108 City
Attorney](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-108_City_Attorney){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The office of city attorney is created. The attorney shall be a
person licensed to practice law in the state, appointed by the city
manager.
2. The city attorney shall advise the council and all city officers in
the performance of their duties. He is authorized to appear,
prosecute and defend all actions where the city is a part. He shall
perform such other professional services as may be required of him
by the city manager or council, for such compensation as shall be
fixed by the city manager.
3. The city attorney shall be entitled to engage in the private
practice of law to the extent that the same does not interfere with
or conflict with his duties as city attorney. The attorney may be
retained on a part-time or consulting basis as the city manager
determines.
(Prior Code, §§ 2-71---2-73; Code 1999, § 2-108)
::: phx-name
[Sec 2-109 Administrative Departments, Officers, And
Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-109_Administrative_Departments,_Officers,_And_Agencies){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There shall be such administrative departments, officers, and agencies
as the council may establish.
(Code 1999, § 2-109)
::: phx-name
[Sec 2-110 Bonds For City Officers And
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-110_Bonds_For_City_Officers_And_Employees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager, the clerk, the treasurer, the alternate treasurer and
such officers and employees as are designated by the city council shall,
before entering upon the discharge of their duties, execute and file
with the city clerk surety bonds issued by a surety company authorized
to operate in the state conditioned upon the faithful performance of
their duties. The city shall pay the premium on such bonds.
(Prior Code, §§ 2-36, 18-18; Code 1999, § 2-110)
::: phx-name
[Sec 2-111 Removal Of Officers And
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-111_Removal_Of_Officers_And_Employees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Except in the case of the municipal judge, the power to lay off,
suspend, demote and remove accompanies the power to appoint or elect.
The city manager, the council or other appointing or electing authority
at any time may lay off, suspend, demote or remove any officer or
employee to whom he, the council or the other appointing or electing
authority respectively may appoint or elect a successor.
(Prior Code, § 2-37; Code 1999, § 2-111)
::: phx-name
[Sec 2-112 Compensation Of Officers And
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-112_Compensation_Of_Officers_And_Employees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Compensation of officers and permanent employees of the city shall be
paid on the basis of annual salaries, on a schedule as specified by the
city council. The compensation of the city manager shall be established
by the city council.
(Prior Code, § 2-38; Code 1999, § 2-112)
::: phx-name
[Sec 2-113 Books Delivered To
Successor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-113_Books_Delivered_To_Successor){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All books, vouchers, monies or other property belonging to the
corporation in charge or possession of any officer of the same shall be
delivered to his successor when qualified.
(Prior Code, § 2-39; Code 1999, § 2-113)
::: phx-name
[Sec 2-114 Conduct Of Hearings For City Manager
Termination](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-114_Conduct_Of_Hearings_For_City_Manager_Termination){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. This section applies to the procedures to be followed at the public
hearing afforded by section 3-1 of the city Charter.
2. The municipal judge shall appear at the public hearing and preside
at the hearing. He shall make all rulings regarding the admission of
evidence and on procedures and other rulings which he may deem
reasonable and necessary to conduct a fair public hearing. He shall
see that the city manager and the city council are afforded
procedural due process and to do all things necessary to conduct the
public hearing in a proper and orderly fashion.
3. The municipal judge is hereby directed to employ an official court
reporter to appear at the public hearing and to administer the oath
to witnesses, take custody of exhibits and to report the entire
public hearing and to do all things necessary to preserve the entire
public hearing record.
4. The city attorney or some other attorney that may be selected by a
majority of the city councilmen shall appear at the public hearing
to present evidence to support the reason as given for the
termination of the city manager at the public hearing.
5. The city clerk shall issue all subpoenas for the compulsory
attendance of witnesses and the production of exhibits required by
the city manager or the attorney selected by the city council to
present evidence of the reasons to terminate the city manager. The
city clerk shall also appear and keep minutes of the public hearing.
6. The chief of police of the city or a police officer of the
department chosen by the city manager or chosen by the attorney for
either side and at least two members of the city council shall, only
after the receipt of a request for a public hearing from the city
manager, investigate any and all matters or information that may be
requested. The requested information must clearly be relevant
evidence and must relate to a reason for termination. Any
information secured during the investigation shall not be released
except at the public hearing, but shall be released only to the
party requesting the investigation.
7. The public hearing shall commence and be held at all times in the
city council chambers of the city or at such other place as may be
determined by the council, but may only be held within the corporate
limits of the city.
8. The evidence to support the reasons to terminate the city manager
shall first be introduced. The city manager may then present his
evidence. Each attorney may cross examine the other witnesses and
both sides shall have the right of rebuttal. Any members of the city
council may examine any offered exhibit or any witness at any time
and may present any relevant evidence that he may have.
9. The city manager shall file his request for a public hearing with
the city clerk and forward a copy thereof, along with the reasons
for termination, to the city attorney and mayor. After receiving the
request for public hearing, the mayor shall cause the public hearing
to commence within 20 days after receipt of the request for public
hearing. The public hearing shall conclude within 30 days after the
date of commencement, unless extended by agreement of the parties.
At the public hearing, the rules of evidence used in administrative
hearings shall be used and adhered to and all procedures shall
afford both the council and the city manager a fair hearing and
proper procedural due process.
10. City employees shall receive additional compensation for any
overtime or for extra duties not regularly performed as may be
required at or in preparation of the public hearing herein.
11. At the conclusion of the public hearing, the council shall decide
and determine if the city manager shall be retained, terminated or
suspended. No finding of facts, conclusions of law or any written
reports, orders or decision shall be filed.
(Code 1999, § 2-114; Ord. No. 409, 7-21-1986)
::: phx-name
[Sec 2-115 Risk Management
Program](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-115_Risk_Management_Program){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. There is hereby established a risk management and risk reduction
program to be implemented by the city risk management board
(\"board\"), which board is established for this purpose by the
public works authority. It is the policy of the city to provide for
comprehensive risk management and risk reduction through a
self-insurance plan administered by the board on behalf of the
public works authority. The city council explicitly delegates to the
board the obligation to defend city employees pursuant to the
Governmental Tort Claims Act (51 O.S. § 151 et seq.).
2. All officers and employees of the city are hereby authorized to
accept appointments to, and to cooperate with, the board. Such
participation or cooperation shall be as provided for in the rules,
regulations or bylaws pertaining to the board insofar as such
participation or cooperation is not inconsistent with obligations
arising under this Code or city Charter.
3. In addition to the delegation of certain duties of the city arising
under the Governmental Tort Claims Act (51 O.S. § 151 et seq.), the
officers and employees of the city may be provided, and may
participate in, such other self-insurance programs which may be
established form time to time by the board, including, but not
limited to, medical, dental, vision, property, workers\'
compensation, retirement, or disability coverages. The city and the
board may pay all or a portion of the costs for the risk management
and risk reduction program in accordance with the applicable
provisions of this Code as well as state and federal law. In
accordance with the requirements of the risk management and risk
reduction program the city, the public works authority or the board
may pay a portion or all of the costs of the risk management and
risk reduction program from any fund, and may deduct from the wages
or salary of any such officer or employee upon written authority
signed by such officer or employee for the payment of costs required
under the program.
4. To the extent that the board enacts and implements programs, rules,
regulations or bylaws which are inconsistent with the personnel
rules of the city with respect to workers\' compensation, safety
administration or accident review, such duties and responsibilities
shall be deemed to be delegated to the board directly in connection
with the board\'s responsibility for the administration of such
coverages and risk management concerns. Any personnel rule
inconsistent with a rule, regulation or bylaw of the board shall be
deemed to be amended to delete inconsistent provisions as of the
effective date of the action of the board.
(Code 1999, § 2-115; Ord. No. 466, 10-3-1988)
::: phx-name
[Sec 2-116 Personnel
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-116_Personnel_Regulations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city council may adopt personnel rules and regulations and position
classification and pay plan and amend them from time to time. A copy of
the current city personnel rules and regulations and classification and
pay plan are on file in the office of the city clerk.
(Code 1999, § 2-116)
::: phx-name
[CHAPTER 2-2 RETIREMENT AND
PENSIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-2_RETIREMENT_AND_PENSIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 2-2A SOCIAL
SECURITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2A_SOCIAL_SECURITY){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 2-2B FIREFIGHTERS PENSION AND RETIREMENT
SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2B_FIREFIGHTERS_PENSION_AND_RETIREMENT_SYSTEM){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 2-2C POLICE PENSION AND RETIREMENT
SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2C_POLICE_PENSION_AND_RETIREMENT_SYSTEM){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 2-2D EMPLOYEES RETIREMENT
SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2D_EMPLOYEES_RETIREMENT_SYSTEM){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 2-2A SOCIAL
SECURITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2A_SOCIAL_SECURITY){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 2-201 City Officers And Employees Under Federal Social
Security](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-201_City_Officers_And_Employees_Under_Federal_Social_Security){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 2-201 City Officers And Employees Under Federal Social
Security](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-201_City_Officers_And_Employees_Under_Federal_Social_Security){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is hereby declared to be the policy of the city to extend, at the
earliest date, to the employees and officials thereof, not excluded
by law or this section, and whether employed in connection with a
governmental or proprietary function, the benefits of the system of
federal old-age and survivors insurance as authorized by the federal
Social Security Act, and amendments thereto. In pursuance of this
policy, the city shall take such action as may be required by
applicable state or federal laws or regulations.
2. The mayor is hereby authorized and directed to execute all necessary
agreements and amendments thereto with the state department of human
services as agent or agency, to secure coverage of employees and
officials as provided in subsection (A) of this section.
3. Withholdings from salaries or wages of employees and officials for
the purpose provided in subsection (A) of this section are hereby
authorized to be made in the amounts and at such times as may be
required by applicable state or federal laws or regulations, and
shall be paid over to the state or federal agency designated by the
laws or regulations.
4. There shall be appropriated from available funds such amounts at
such times as may be required by applicable state or federal laws or
regulations for employer\'s contributions, which shall be paid over
to the state or federal agency designated by said laws or
regulations.
5. The city shall keep such records and make such reports as may be
required by applicable state or federal laws or regulations.
6. There is hereby excluded from this section any authority to make any
agreement with respect to any position or any employee or official
now covered or authorized to be covered by any other ordinance
creating any retirement system for any employee or official of the
city.
7. There is hereby excluded from this section any authority to make an
agreement with respect to any position or any employee or official,
compensation for which is on a fee basis, or any position or any
employee or official not authorized to be covered by applicable
state or federal laws or regulations.
(Prior Code, §§ 2-176---2-181; Code 1999, § 2-201)
**State Law reference**--- Social security for public officers and
employees, 51 O.S. § 121 et seq.
::: phx-name
[ARTICLE 2-2B FIREFIGHTERS PENSION AND RETIREMENT
SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2B_FIREFIGHTERS_PENSION_AND_RETIREMENT_SYSTEM){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 2-211 System
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-211_System_Created){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-212 System To Be Operated In Accordance With
Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-212_System_To_Be_Operated_In_Accordance_With_Law){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 2-211 System
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-211_System_Created){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby created, for the purpose of providing pension retirement
allowance and other benefits for firefighters of the city, a
firefighters pension and retirement system. It is declared to be the
official policy of the city to participate in the pension system as
provided by state law.
(Prior Code, § 9-36; Code 1999, § 2-211)
**State Law reference**--- Firefighter\'s pension system, 11 O.S. §
49-101 et seq.
::: phx-name
[Sec 2-212 System To Be Operated In Accordance With
Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-212_System_To_Be_Operated_In_Accordance_With_Law){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The firefighters pension and retirement system as established by 11
O.S. § 49-100.1 et seq., is hereby adopted by reference.
2. The local board of trustees of the firefighters pension and
retirement system, servicing the firefighters of the city, shall be
constituted as provided by state law and shall have the powers and
duties prescribed thereby.
(Prior Code, § 9-36, in part; Code 1999, § 2-212)
::: phx-name
[ARTICLE 2-2C POLICE PENSION AND RETIREMENT
SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2C_POLICE_PENSION_AND_RETIREMENT_SYSTEM){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 2-221 System
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-221_System_Created){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-222 System To Be Operated In Accordance With
Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-222_System_To_Be_Operated_In_Accordance_With_Law){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 2-221 System
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-221_System_Created){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby created, for the purpose of providing pension retirement
allowance and other benefits for police officers of the city, a police
pension and retirement system. It is declared to be the official policy
of the city to participate in the pension system as provided by state
law.
(Prior Code, §§ 18-26---18-33, in part; Code 1999, § 2-221)
**State Law reference**--- Police pension system, 11 O.S. § 50-100.1 et
seq.
::: phx-name
[Sec 2-222 System To Be Operated In Accordance With
Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-222_System_To_Be_Operated_In_Accordance_With_Law){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The police pension and retirement system as established by 11 O.S. §
50-100.1 et seq., is hereby adopted by reference.
2. The local board of trustees of the police pension and retirement
system, servicing the police officers of the city, shall be
constituted as provided by state law and shall have the powers and
duties prescribed thereby.
(Prior Code, §§ 18-26---18-37; Code 1999, § 2-222)
::: phx-name
[ARTICLE 2-2D EMPLOYEES RETIREMENT
SYSTEM](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-2D_EMPLOYEES_RETIREMENT_SYSTEM){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 2-231
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-231_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-232 Established; Effective
Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-232_Established;_Effective_Date){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-233 Execution And Ratification Of System
Instrument](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-233_Execution_And_Ratification_Of_System_Instrument){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-234 Board Of
Trustees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-234_Board_Of_Trustees){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 2-231
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-231_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*System* means the employees retirement system established by this
article.
*System instrument* means Exhibit A, as attached to the ordinances
adopting and amending and referred to in this article.
(Code 1999, § 2-231)
::: phx-name
[Sec 2-232 Established; Effective
Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-232_Established;_Effective_Date){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
For the purpose of encouraging continuity and meritorious service on the
part of city employees and thereby promoting public efficiency, there is
hereby authorized, created, established, approved and adopted, effective
upon the date established by the city council, the funded pension plan
designated \"Municipal Employees Retirement System of the City of Moore,
Oklahoma,\" and all amendments thereto, an executed counterpart of which
is marked \"Exhibit A\" and attached to and made a part of the
ordinances adopting the system, and all amendatory ordinances, on file
in the office of the city clerk.
(Code 1999, § 2-232)
::: phx-name
[Sec 2-233 Execution And Ratification Of System
Instrument](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-233_Execution_And_Ratification_Of_System_Instrument){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The mayor and city clerk are hereby authorized and directed to execute
(in counterparts, each of which shall constitute an original) the system
instrument, and to do all other acts and things necessary, advisable and
proper to put the system and related trust into full force and effect,
and to make such changes therein as may be necessary to qualify the same
under sections 401(a) and 501(a) of the Internal Revenue Code of the
United States. The counterpart attached to the ordinances adopting the
system as Exhibit A, and duly executed as aforesaid simultaneously with
the passage of the ordinances, is hereby ratified and confirmed in all
respects.
(Code 1999, § 2-233)
**State Law reference**--- Municipal employee retirement system, 11 O.S.
§ 48-101 et seq.
::: phx-name
[Sec 2-234 Board Of
Trustees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-234_Board_Of_Trustees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
For the purpose of administration of the system there is hereby
established a board of trustees, which shall be the members of the city
council as now existing or as from time to time duly elected or
appointed and constituted. The powers and duties of the board of
trustees shall be as set forth in the system instrument.
(Code 1999, § 2-234)
::: phx-name
[CHAPTER 2-3 CITY RECORDS AND
PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-3_CITY_RECORDS_AND_PROPERTY){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 2-3A ACCESS TO CITY
RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3A_ACCESS_TO_CITY_RECORDS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 2-3B USE OF CITY
PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3B_USE_OF_CITY_PROPERTY){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 2-3A ACCESS TO CITY
RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3A_ACCESS_TO_CITY_RECORDS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 2-301 Appointment Of Official
Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-301_Appointment_Of_Official_Custodians){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-302 Designation Of Additional Record
Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-302_Designation_Of_Additional_Record_Custodians){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-303 Duties Of
Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-303_Duties_Of_Custodians){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-304 Requests To Be Directed To
Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-304_Requests_To_Be_Directed_To_Custodians){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-305 Procedures Regarding Both Inspection And Copying Of Open
Public
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-305_Procedures_Regarding_Both_Inspection_And_Copying_Of_Open_Public_Records){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-306 Procedures Regarding Inspection Of Open Public
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-306_Procedures_Regarding_Inspection_Of_Open_Public_Records){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-307 Procedures Regarding Copies Of Open Public
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-307_Procedures_Regarding_Copies_Of_Open_Public_Records){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-308 No Fee For
Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-308_No_Fee_For_Inspection){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-309 Copying
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-309_Copying_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-310 Fee For Mechanical
Reproduction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-310_Fee_For_Mechanical_Reproduction){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-311 Search
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-311_Search_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-312 Prepayment Of
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-312_Prepayment_Of_Fees){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 2-301 Appointment Of Official
Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-301_Appointment_Of_Official_Custodians){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following city official is hereby appointed as official custodian
for purposes of the Oklahoma Open Records Act and is charged with
responsibility for compliance with that Act with respect to the
following listed public records:
City clerk: All public records kept and maintained in the city clerk\'s
office and all other public records not provided for elsewhere in this
chapter.
(Code 1999, § 2-301)
**State Law reference**--- Open Records Act, 51 O.S. § 24A.1 et seq.
::: phx-name
[Sec 2-302 Designation Of Additional Record
Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-302_Designation_Of_Additional_Record_Custodians){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Each of the official custodians appointed in section 2-301 is hereby
authorized to designate any subordinate officers or employees to
serve as record custodian. The record custodians shall have such
duties and powers as are set out in the Oklahoma Open Records Act
(51 O.S. § 24A.1 et seq.).
2. Whenever an official custodian shall appoint another person as a
record custodian, he shall notify the city clerk of such designation
and the city clerk shall maintain a register of all such
designations.
(Code 1999, § 2-302)
::: phx-name
[Sec 2-303 Duties Of
Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-303_Duties_Of_Custodians){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All city officials and employees appointed or designated under this
article shall protect public records from damage and disorganization;
prevent excessive disruption of the essential functions of the city;
provide assistance and information upon request; ensure efficient and
timely action and response to all applications for inspection of public
records; and carry out the procedures adopted by the city for inspecting
and copying open public records.
(Code 1999, § 2-303)
::: phx-name
[Sec 2-304 Requests To Be Directed To
Custodians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-304_Requests_To_Be_Directed_To_Custodians){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All members of the public, in seeking access to, or copies of, a
public record in accordance with the provisions of the Oklahoma Open
Records Act, shall address their requests to the custodian charged
with responsibility for the maintenance of the record sought to be
inspected or copied.
2. Whenever any city official or employee appointed or designated as a
custodian under this article is presented with a request for access
to, or copy of, a public record which record the custodian does not
have in his possession and which he has not been given
responsibility to keep and maintain, the custodian shall so advise
the person requesting the record. The person making the request
shall be informed as to which custodian the request should be
addressed to, if such is known by the custodian receiving the
request.
(Code 1999, § 2-304)
::: phx-name
[Sec 2-305 Procedures Regarding Both Inspection And Copying Of Open
Public
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-305_Procedures_Regarding_Both_Inspection_And_Copying_Of_Open_Public_Records){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following procedures are hereby adopted and shall be applied by each
official custodian and record custodian:
1. Consistent with the policy, duties and procedures established by the
Oklahoma Open Records Act, record custodians shall provide full
access and assistance in a timely and efficient manner to persons
who request access to open public records;
2. Record custodians shall protect the integrity and organization of
public records with respect to the manner in which such records are
inspected and copied;
3. Record custodians may prevent excessive disruptions of essential
functions and provide the record at the earliest possible time;
4. All inspections and copying of open public records shall be
performed by, or under the supervision of, the record custodian
responsible for such records;
5. All persons requesting the inspection of or a copy of open public
records shall make such request in writing prior to the request
being honored, except that no form shall be required for requests
made for records which have been reproduced for free public
distribution;
6. All record inspection and copying forms are to be completed by the
person requesting the record. The record custodian may demand
reasonable identification of any person requesting a record;
7. Any fees for record inspection or for copies are due at the time the
records, or copies thereof, are provided to the requester, unless
the record custodian has demanded that prepayment of all or part of
such fees be made. Fees are to be paid to the record custodian or
city clerk;
8. The record custodian or city clerk shall demand full or partial
prepayment of fees whenever the estimate for such fees exceeds the
amount set out in section 2-312;
9. No record search or copying fee shall be assessed against officers
or employees of the city who make requests which are reasonably
necessary to the performance of their official duties;
10. Hours for making requests for inspection or copying shall be all
regular working hours for each day the office maintains regular
office hours;
11. Removal of open public records from the office where kept and
maintained, for purposes of inspection or the making of copies,
shall not be permitted; and
12. The above procedures, as well as any other inspection and copying
procedures, shall be posted in a conspicuous place in the office of
the record custodian.
(Code 1999, § 2-305)
::: phx-name
[Sec 2-306 Procedures Regarding Inspection Of Open Public
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-306_Procedures_Regarding_Inspection_Of_Open_Public_Records){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following procedures are hereby adopted and shall be applied by
every official custodian and record custodian:
1. Record custodians shall handle all inspection requests in accordance
with their duties to protect and preserve public records and to
assist persons requesting inspection of open public records;
2. All request forms must be completed by the party requesting the
record. In all cases, the party so requesting must sign his
individual name to the form. Written requests shall be made on the
form provided by the record custodian and presented to the record
custodian;
3. A written request is sufficient if it reasonably describes the
record sought. In instances where the requester cannot provide
sufficient information to identify a record, the custodian shall
assist in making such identification; and
4. The record custodian shall, upon making a denial of an inspection
request, forward a copy of the denial to the city manager.
(Code 1999, § 2-306)
::: phx-name
[Sec 2-307 Procedures Regarding Copies Of Open Public
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-307_Procedures_Regarding_Copies_Of_Open_Public_Records){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following procedures apply regarding copies of records:
1. Record custodians shall handle all copy requests in accordance with
their duties to protect and preserve public records and to assist
persons requesting copies of open public records;
2. All request forms must be completed by the party requesting the
copies. In all cases, the party so requesting must sign his
individual name to the form. Written requests shall be made on the
form provided by the record custodian;
3. Mechanical reproduction of a record shall not be undertaken when it
is the judgment of the record custodian that any available means of
mechanically reproducing the subject record is likely to cause
damage to such records; and
4. No copy fee shall be assessed when multiple copies of the record
requested have been prepared for free public distribution, or when
the record custodian determines that the cost of charging and
handling the fee exceeds the cost of providing a copy without
charge.
(Code 1999, § 2-307)
::: phx-name
[Sec 2-308 No Fee For
Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-308_No_Fee_For_Inspection){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Where a request has been made for the inspection of an open public
record, no fee shall be charged.
(Code 1999, § 2-308)
::: phx-name
[Sec 2-309 Copying
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-309_Copying_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A fee per page as set by the council by motion or resolution shall be
charged for photocopying an open public record, such fee to cover the
cost of labor, materials and equipment.
(Code 1999, § 2-309)
::: phx-name
[Sec 2-310 Fee For Mechanical
Reproduction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-310_Fee_For_Mechanical_Reproduction){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
For copying any open public record which cannot be reproduced by
photocopying, such as a computer printout or a blueprint, the requester
shall be charged the actual cost to the city, including the cost of
labor, materials and equipment.
(Code 1999, § 2-310)
::: phx-name
[Sec 2-311 Search
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-311_Search_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A search fee shall be charged a requester who is using the record solely
for a commercial purpose. Such fee shall be the actual cost to the city
of producing the record, including the cost of labor, materials and
equipment.
(Code 1999, § 2-311)
::: phx-name
[Sec 2-312 Prepayment Of
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-312_Prepayment_Of_Fees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A record custodian may demand prepayment of a fee whenever the estimated
amount exceeds \$20.00. The prepayment amount shall be an estimate of
the cost of copying, mechanical reproduction or searching for the
record. Any overage or underage in the prepayment amount shall be
settled prior to producing the requested record or delivering the copy
or mechanical reproduction of the record.
(Code 1999, § 2-312)
::: phx-name
[ARTICLE 2-3B USE OF CITY
PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_2-3B_USE_OF_CITY_PROPERTY){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 2-321
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-321_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-322 Unauthorized Use Of City Or Department
Stationery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-322_Unauthorized_Use_Of_City_Or_Department_Stationery){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-323 Unauthorized Use Of City
Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-323_Unauthorized_Use_Of_City_Equipment){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-324 Theft From City By Altering Computer
Data](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-324_Theft_From_City_By_Altering_Computer_Data){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-325 Unauthorized Entry Into City\'s
Computer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-325_Unauthorized_Entry_Into_City's_Computer){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-326 Unauthorized Use Of Postage
Meters](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-326_Unauthorized_Use_Of_Postage_Meters){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-327
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-327_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 2-321
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-321_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Computer* means any electronic device used for storing information and
supplying information. Unless the context indicates a limited meaning is
intended, the term \"computer\" shall include not only the device
enclosed in a casing but also all cards, tapes, disks and other devices
used to store or retrieve information, and all hardware and software.
The term \"computer\" shall also include a computer system.
*Computer program* means any set of instructions intended to cause a
computer to perform a particular operation or service of operations. A
computer program may be in written form or electronic form.
*Employee* means an employee of the city or an employee of any public
trust of which the city is a beneficiary.
*Official* means any person elected to serve on the city council, or any
person appointed to serve on a board, commission or public trust wherein
the city is a beneficiary.
*Person* means any person, firm or corporation, except that provisions
of imprisonment for punishment for violation of this article shall apply
to natural persons only.
*Stationery* means any paper, letter, form or envelope bearing writing,
markings, or symbols identifying the city, the city public works
authority or any department thereof as the originator.
*Trust* means the city public works authority or any other public trust
of which the city is a beneficiary.
(Code 1999, § 2-321; Ord. No. 49(93), 2-16-1993)
::: phx-name
[Sec 2-322 Unauthorized Use Of City Or Department
Stationery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-322_Unauthorized_Use_Of_City_Or_Department_Stationery){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No elected official, city employee, private citizen, corporation,
employee or official of a public trust of which the city is a
beneficiary shall use city, trust or department stationery for personal
correspondence or private use, nor shall such stationery be used to
promote any private or public purpose without the authority of the city
council, public trust, or city manager acting within their official
duties.
(Code 1999, § 2-322; Ord. No. 49(93), 2-16-1993)
::: phx-name
[Sec 2-323 Unauthorized Use Of City
Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-323_Unauthorized_Use_Of_City_Equipment){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No official or employee shall request, use or permit the use of any
publicly owned or publicly supported property, vehicle, equipment, labor
or service for the personal convenience or the private advantage of
himself or any other person. This provision shall not be deemed to
prohibit an official or employee from requesting, using or permitting
the use of such publicly owned or publicly supported property, vehicle,
equipment, material, labor or service which is the general practice to
make available to the public at large or which is provided as a matter
of stated public policy for the use of officials and employees in the
conduct of official business.
(Code 1999, § 2-323; Ord. No. 49(93), 2-16-1993)
::: phx-name
[Sec 2-324 Theft From City By Altering Computer
Data](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-324_Theft_From_City_By_Altering_Computer_Data){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person, official or employee shall knowingly alter any data stored or
intended to be stored on any computer or stored on any card, tape, disk,
or other item used with a computer, where such alteration results in any
person or account receiving a credit to which the person or account is
not entitled. No person, official or employee shall knowingly alter any
data stored or intended to be stored on any computer or stored on any
card, tape, disk or other item used with a computer, where such
alteration results in a falsified reduction or increase in a debt owed
by any person, firm or corporation.
(Code 1999, § 2-324; Ord. No. 49(93), 2-16-1993)
::: phx-name
[Sec 2-325 Unauthorized Entry Into City\'s
Computer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-325_Unauthorized_Entry_Into_City's_Computer){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No unauthorized person shall obtain access by direct access, telephone
connection, or other electronic means to any computer operated by the
city or public trust of which the city is a beneficiary, or on behalf of
the city, or to any computer software or computer equipment operated by
the city or trust or on behalf of the city. As used in this section, the
term \"unauthorized person\" shall mean any person, whether a city or
trust officer or employee or a member of the public, not assigned to do
work involving such access to the computer. Any other person entitled to
information that is stored in a computer may obtain such information by
requesting the same, whereupon a person authorized by the city to have
access to the computer shall obtain the information, and deliver the
same orally or by exhibiting a visual display. Any such information
shall be delivered in writing at the request of the person entitled
thereto.
(Code 1999, § 2-325; Ord. No. 49(93), 2-16-1993)
::: phx-name
[Sec 2-326 Unauthorized Use Of Postage
Meters](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-326_Unauthorized_Use_Of_Postage_Meters){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is prohibited and declared to be a punishable offense for any person,
without lawful authority, to use a postage meter that is owned,
operated, or has been installed by the city or any public trust of which
the city is a beneficiary, for his own personal use or the use of any
person not entitled thereto. Each city department or trust entity which
has installed a postage meter machine shall place notice in the location
where the machine is located that:
1. The mail carried by such postage is the official city mail; and
2. There is a penalty of the unlawful use of such postage meter for
private purposes.
(Code 1999, § 2-326; Ord. No. 49(93), 2-16-1993)
::: phx-name
[Sec 2-327
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-327_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person, official, employee, firm or corporation violating any
provision in this article shall, upon conviction, be punished as
provided in section 1-108. In addition to any criminal penalty imposed,
any employee of the city or trust shall, upon conviction, forfeit their
office or position.
(Code 1999, § 2-327; Ord. No. 49(93), 2-16-1993)
::: phx-name
[CHAPTER 2-4 CITY BOARDS AND
COMMISSIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_2-4_CITY_BOARDS_AND_COMMISSIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 2-411 Personnel Board, Membership, Temporary
Replacement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-411_Personnel_Board,_Membership,_Temporary_Replacement){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 2-412 Procedure For Filling A Temporary
Position](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-412_Procedure_For_Filling_A_Temporary_Position){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 2-411 Personnel Board, Membership, Temporary
Replacement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-411_Personnel_Board,_Membership,_Temporary_Replacement){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city Charter establishes the personnel board and requires three
members appointed by the council for overlapping six-year terms. It is
anticipated that, on occasion, an appointed member of the personnel
board may need to recuse or remove himself from a particular hearing
because of a conflict of interest. When such occasion arises, the
council may appoint a temporary replacement to ensure that there are
three non-biased members to hear all cases. The temporary replacement
shall be only for a particular case and should be a person who
demonstrates the requisite impartiality toward the issue to be decided.
Council may consider selecting and employing a person from a public or
private agency which offers such services.
(Code 1999, § 2-411; Ord. No. 15(92), 3-2-1992)
::: phx-name
[Sec 2-412 Procedure For Filling A Temporary
Position](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_2-412_Procedure_For_Filling_A_Temporary_Position){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Upon receipt of notice from a member of the personnel board that a
conflict may exist in any pending personnel board matter, the city clerk
shall promptly notify the mayor and city manager who shall, at the next
immediate council meeting or at a special council meeting called for
such purpose, cause an item to be placed on the meeting agenda
requesting that council appoint a temporary replacement to the personnel
board.
(Code 1999, § 2-412; Ord. No. 15(92), 3-2-1992)
::: {.phx-name .phx-break}
[PART 3 ALCOHOLIC
BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_3_ALCOHOLIC_BEVERAGES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[CHAPTER 3-1 ALCOHOLIC
BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-1_ALCOHOLIC_BEVERAGES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 3-2 LOW-POINT
BEER](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-2_LOW-POINT_BEER){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 3-3 PROHIBITING GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC
BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-3_PROHIBITING_GATHERINGS_WHERE_MINORS_ARE_CONSUMING_ALCOHOLIC_BEVERAGES){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Alcoholic beverages and low-point beer, 37
O.S.\
::: phx-name
[CHAPTER 3-1 ALCOHOLIC
BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-1_ALCOHOLIC_BEVERAGES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 3-101
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-101_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-102 Amount Of
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-102_Amount_Of_Tax){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-103 Application For Certificate Of Zoning And Code
Compliance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-103_Application_For_Certificate_Of_Zoning_And_Code_Compliance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-104 Manufacture And Sale; State License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-104_Manufacture_And_Sale;_State_License_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-105 Keeping Or Maintaining Place In Violation Of Law
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-105_Keeping_Or_Maintaining_Place_In_Violation_Of_Law_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-106 Transportation Of Intoxicating Beverages In Vehicles;
Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-106_Transportation_Of_Intoxicating_Beverages_In_Vehicles;_Exception){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-107 Sale To Minors, Incompetent Or Intoxicated Persons
Prohibited; Minors On
Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-107_Sale_To_Minors,_Incompetent_Or_Intoxicated_Persons_Prohibited;_Minors_On_Premises){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-108 Employment Of Minors
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-108_Employment_Of_Minors_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-109 Minors In Possession Of Intoxicating Beverages In Public
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-109_Minors_In_Possession_Of_Intoxicating_Beverages_In_Public_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-110 Misrepresentation Of
Age](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-110_Misrepresentation_Of_Age){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-111 Sale In Containers, From Licensed
Establishments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-111_Sale_In_Containers,_From_Licensed_Establishments){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-112 Sales On
Credit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-112_Sales_On_Credit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-113 Other Prohibitions; Prizes, Happy Hours, Solicitation,
Nudity](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-113_Other_Prohibitions;_Prizes,_Happy_Hours,_Solicitation,_Nudity){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-114 Consumption Of Intoxicating Alcoholic Beverage In Public
Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-114_Consumption_Of_Intoxicating_Alcoholic_Beverage_In_Public_Places){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-115 Location Of Retail Package Store And Mixed Beverage
Establishments;
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-115_Location_Of_Retail_Package_Store_And_Mixed_Beverage_Establishments;_Exceptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-116 Hours Of
Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-116_Hours_Of_Operation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-117 Sale Or Delivery Prohibited On Certain
Days](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-117_Sale_Or_Delivery_Prohibited_On_Certain_Days){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Oklahoma Alcoholic Beverage Control Act, 37
O.S. § 501 et seq.; city powers generally as to alcoholic beverages, 37
O.S. § 503.\
::: phx-name
[Sec 3-101
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-101_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Definition of terms used in this chapter shall be in conformity with
those provided in 37A O.S. § 1-103.
2. The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:\
\
*Beer and wine license* means a license for the retail sale of beer
containing more than 3.2 percent of alcohol by weight and wine which
means and includes any beverage containing more than one-half of one
percent of alcohol by volume and not more than 24 percent alcohol by
volume.\
\
*Caterer license* authorizes the licensee, whose business is to
provide food, supplies, and services at a social gathering, to sell
mixed beverages for on-premises consumption incidental to the sale
or distribution of food.\
\
*Complimentary beverage license* authorizes the licensee to provide,
free of charge for on premises consumption only, no more than two
alcoholic beverages containing spirits, 12 ounces of wine, or 24
ounces of beer per day to a guest or client who is 21 years of age
or older. This license shall only be issued to businesses which
involve retail sales or provide services to its clients including,
but not limited to, furniture stores, art studios, nail salons, hair
salons, cigar stores, clothing stores, bridal shops or business
support services.\
\
*Mixed beverage club* means any establishment in a county which has
authorized the retail sale of alcoholic beverages by the individual
drink to be one or more servings of a beverage composed in whole or
part of an alcoholic beverage in a sealed or unsealed container of
any legal size for consumption on the premises where served or sold
by the holder of a mixed beverage caterer or special event license;
it includes any association, person, firm or corporation key club,
bottle club, locker club, excluding the general public from its
premises or place of meeting or congregating or operating or
exercising control over any other place where persons are permitted
to drink alcoholic beverages other than in a private home.\
\
*Mixed beverage license* authorizes the licensee to purchase
alcoholic beverages in retail containers from the holder of a
wholesaler or Class B wholesaler licensee and to sell, offer for
sale and possess mixed beverages as well as beer and/or wine for
on-premises consumption only.\
\
*Special event license* authorizes the licensee to sell and
distribute alcoholic beverages for consumption on the premises for
which the license has been issued for a period not to exceed the
number of days permitted by applicable ABLE license of the licensee.
(Prior Code, § 3-2; Code 1999, § 3-101)
::: phx-docs
HISTORY\
*Amended by Ord.
[844(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333161_Ordinance%20No.%20844%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
Amended by Ord.
[903(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347030_Ordinance%20No.%20903%20(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 4/15/2019\
Amended by Ord.
[915(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288008_Ordinance%20915(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/3/2019\
*
:::
::: phx-name
[Sec 3-102 Amount Of
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-102_Amount_Of_Tax){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. There is hereby levied and assessed an annual occupation tax on
every business or occupation relating to alcoholic beverages as
specifically enumerated herein and pursuant to the provisions of 37
O.S. § 554.1 in the amount as set by the city council by motion or
resolution.
2. The occupation tax for a brewer and a Class B wholesaler shall be
reduced by 75 percent if the brewer or Class B wholesaler is also
the holder of a license from the state to manufacture or wholesale
any low-point beer as provided in 37 O.S. § 518.
3. The occupation tax levied herein shall be paid in advance to the
city clerk who shall issue a receipt therefor.
4. The occupation tax levied herein shall expire on June 30 annually.
The amount of any occupation tax levied shall be computed pro rata
upon the months remaining in the year ending June 30 following. Such
taxes paid on or before the 15th day of any month shall be on the
basis of the first day of the month, and such taxes paid after the
15th day of the month shall be on the basis of the first day of the
next succeeding month.
5. Any state licensee carrying on his occupation in more than one
location in the corporate limits of the city shall be subject to the
tax hereinabove specified for each location.
6. The occupation taxes prescribed herein shall be reduced to the
extent necessary to conform to applicable state law reducing the
state license fee to such person, but only to such extent as may be
required to conform to applicable state law, it being the intention
that this chapter shall levy the maximum tax allowable for the
occupations on which there is hereby levied an occupation tax.
7. Upon payment of the occupation tax, the city clerk shall issue a
receipt, signed by the city clerk, to the state licensee paying such
occupational tax. The city clerk shall also record the name of the
licensee and the address where the licensee engages in his
occupation. Such record shall be duly filed and kept in the
permanent files of the city for at least five years. Thereafter,
upon resolution by the council, it may be destroyed.
8. Any state licensee shall post his tax receipt in a conspicuous place
on the premises wherein he carries on his occupation.
9. The occupation tax shall cover only the person paying the tax and no
other or a successor thereof, and shall not be refundable.
10. The city clerk shall make and transmit to the alcoholic beverage
laws enforcement (\"ABLE\") commission an annual report showing the
number and class of licenses subject to the tax and the amount of
money received therefrom.
11. All sums due from any person by reason of occupation taxes imposed
by this chapter and all penalties accruing from such person by
reason of failure to pay such tax shall be recoverable at the suit
of the city, brought against such person in any court of competent
jurisdiction. In any suit, in addition to the tax and penalties, the
plaintiff shall recover interest, at the rate of ten percent per
annum, upon all sums due by way of tax and penalty from the date of
accrual thereof, and all costs of collection, judicial or otherwise,
including reasonable attorney\'s fees, all to be determined by the
court. Prosecution for an offense against the city, arising out of
the failure to pay a tax levied by this chapter, regardless of the
outcome thereof or its continued pendency, shall not constitute a
defense or bar in any manner to the collection of the tax and
penalties, if any are due, as herein provided.
(Prior Code, §§ 3-38, 3-39, 3-41, 3-45; Code 1999, § 3-102)
**State Law reference**--- State license fee amounts, 37 O.S. § 518.
::: phx-name
[Sec 3-103 Application For Certificate Of Zoning And Code
Compliance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-103_Application_For_Certificate_Of_Zoning_And_Code_Compliance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every applicant for a certificate of compliance with the zoning,
fire, health and safety codes of the city required by 37 O.S. shall
apply at the office of the city clerk by:
1. Filing a written application on forms prescribed by that office;
and
2. Paying a verification and certification fee in the amount as set
by the council at the time of filing.
2. Upon receipt of an application for a certificate of compliance, the
city clerk shall cause an investigation to be made to determine
whether the premises proposed for licensed operations comply with
the provisions of the zoning ordinance and any health, fire,
building or other safety codes applicable to it.
3. Upon finding that the premises of an applicant for a certificate is
in compliance with all applicable zoning ordinances, a certificate
of zoning shall be issued by the ABLE commission.
4. Upon finding that the premises of an applicant for a certificate is
in compliance with all applicable fire, safety and health codes, a
certificate of compliance shall be issued by the ABLE commission.
5. The above certificates of compliance shall be signed by the mayor or
by the city clerk or deputy city clerk.
(Prior Code, §§ 3-42, 3-43; Code 1999, § 3-103)
::: phx-name
[Sec 3-104 Manufacture And Sale; State License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-104_Manufacture_And_Sale;_State_License_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall produce, manufacture or sell any alcoholic beverages, or
rectify any beverage, without having in his possession a valid license
issued by the ABLE commission.
(Prior Code, § 3-3; Code 1999, § 3-104)
::: phx-name
[Sec 3-105 Keeping Or Maintaining Place In Violation Of Law
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-105_Keeping_Or_Maintaining_Place_In_Violation_Of_Law_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall keep or maintain, or aid, assist or abet in keeping or
maintaining, a place where alcoholic beverages are possessed,
manufactured, sold, bartered or given away in violation of any of the
provisions of this chapter or any public place where persons are
permitted to resort for the purpose of drinking alcoholic beverages.
(Prior Code, § 3-6; Code 1999, § 3-105)
::: phx-name
[Sec 3-106 Transportation Of Intoxicating Beverages In Vehicles;
Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-106_Transportation_Of_Intoxicating_Beverages_In_Vehicles;_Exception){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall knowingly transport alcoholic beverages in any
vehicle upon any public highway, street or alley unless in the
original container which is unopened, the seal unbroken and the
original cap in place.
2. Subsection (A) of this section shall not apply if the opened
container is in the rear trunk or compartment or the spare tire
compartment in a vehicle commonly known as a station wagon or panel
truck, or in any outside compartment which is inaccessible to the
driver or any passenger while the vehicle is in motion.
(Prior Code, § 3-17; Code 1999, § 3-106)
**State Law reference**--- Similar provisions, 37 O.S. § 537.
::: phx-name
[Sec 3-107 Sale To Minors, Incompetent Or Intoxicated Persons
Prohibited; Minors On
Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-107_Sale_To_Minors,_Incompetent_Or_Intoxicated_Persons_Prohibited;_Minors_On_Premises){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall:
1. Knowingly sell, furnish or give any alcoholic beverage to any
person who is under the age of 21 years, or sell, furnish or
give any alcoholic beverages to any person who is insane,
mentally deficient or intoxicated;
2. If he is under the age of 21 years, enter, be or remain on the
premises of a retail package store, or allow such a person to
be, enter or remain in the store.
2. 1. If the premises of a licensee of the alcoholic beverage laws
enforcement (ABLE) commission contains a separate or enclosed
lounge or bar area, which has as its main purpose the sale or
distribution of alcoholic beverages for on-premises consumption,
notwithstanding that as an incidental service, meals or short
order foods are made available therein, no person under 21 years
of age shall be admitted to such area, except for members of a
musical band employed or hired as provided section 3-108 when
the band is to perform within such area, or persons under 21
years of age who are on the licensed premises for the limited
purpose of performing maintenance, construction, remodeling,
painting or other similar services relating to the building or
equipment installation, repair or maintenance on the premises
during those hours when the licensed establishment is closed for
business. The provisions of this section shall not prohibit
persons under 21 years of age from being admitted to an area
which has as its main purpose some objective other than the sale
or mixing or serving of said beverages, in which sales or
serving of said beverages are incidental to the main purpose, as
long as the persons under 21 years of age are not sold or served
alcoholic beverages. The incidental service of food in the bar
area shall not exempt a licensee from the provisions of this
section. The ABLE commission shall have the authority to
designate the portions of the premises of a licensee where
persons under 21 years of age shall not be admitted pursuant to
this section. When determining a licensee\'s main purpose,
low-point beer sales shall be counted separately, and it shall
not be considered a food or an alcoholic beverage.
2. A new licensee that claims as its main purpose some objective
other than the sale of alcoholic beverages may be granted a
separate or enclosed lounge or bar area for a period of 90 days.
At the end of that 90-day period, the licensee shall have the
burden of showing that the business continues to qualify for a
separate or enclosed bar area. If the licensee fails to satisfy
this burden, then that licensee\'s main purpose shall
automatically convert to the sale of alcoholic beverages.
3. Except as otherwise provided, an admission charge shall not be
considered in any calculation designed to determine the main purpose
of an establishment pursuant to subsection (B) of this section. As
used in this section, the term \"admission charge\" means any form
of consideration received by an establishment from a person in order
for that person to gain entrance into the establishment.
4. The provisions of subsection (C) of this section shall not apply:
1. If only persons 18 years of age or older are permitted to enter
the licensed premises; provided, however, if the licensee is
claiming an exception from the requirements of subsection (C) of
this section pursuant to this subsection and fails to restrict
the entry by persons under age 18 into the licensed premises,
the ABLE commission shall designate that only persons 21 years
of age or older are allowed on the licensed premises;
2. If the licensed premises are owned or operated by a service
organization or fraternal establishment which is exempt under
section 501(c)(19), (8), or (10) of the Internal Revenue Code;
or
3. To a public event held in a facility owned or operated by any
agency, political subdivision or public trust of the state.
(Code 1999, § 3-107)
**State Law reference**--- Similar provisions, 37 O.S. §§ 537(A)1, (A)2,
598.
::: phx-name
[Sec 3-108 Employment Of Minors
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-108_Employment_Of_Minors_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No licensee of the ABLE commission shall employ any person under the age
of 21 in the selling or handling of alcoholic beverages, provided that a
mixed beverage, beer and wine, caterer, public event, special event or
bottle club licensee may employ servers who are at least 18 years of
age, except persons under 21 years of age may not serve in designated
bar or lounge areas, and a mixed beverage, beer and wine, caterer,
public event, special event or bottle club licensee may employ or hire
musical bands who have musicians who are under 21 years of age if each
such musician is either accompanied by a parent or legal guardian or has
on their person, to be made available for inspection upon demand by any
ABLE commission officer or law enforcement officer, a written, notarized
affidavit from the parent or legal guardian giving the underage musician
permission to perform in designated bar or lounge areas.
(Prior Code, § 3-18; Code 1999, § 3-108)
**State Law reference**--- Similar provisions, 37 O.S. § 537(B)(2).
::: phx-name
[Sec 3-109 Minors In Possession Of Intoxicating Beverages In Public
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-109_Minors_In_Possession_Of_Intoxicating_Beverages_In_Public_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person under 21 years of age shall be in possession of any alcoholic
beverage while such person is upon any public street, road, highway or
in any public place.
(Prior Code, § 3-4; Code 1999, § 3-109)
::: phx-name
[Sec 3-110 Misrepresentation Of
Age](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-110_Misrepresentation_Of_Age){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall misrepresent his age either orally or in writing or by
presenting false or altered documentation of age for the purpose of
inducing any person to sell him alcoholic beverages.
(Prior Code, § 3-14; Code 1999, § 3-110)
::: phx-name
[Sec 3-111 Sale In Containers, From Licensed
Establishments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-111_Sale_In_Containers,_From_Licensed_Establishments){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall sell or deliver alcoholic beverages at a retail
alcoholic beverage store other than:
1. In retail containers;
2. At ordinary room temperatures;
3. In the original package; and
4. For consumption off the premises.\
No person shall open or consume, or permit another person to
open or consume, a retail container of alcoholic beverage on the
premises of a retail package store. Except as otherwise
permitted in this chapter, no person shall drink any alcoholic
beverage in public except on the premises of a licensee who is
authorized to sell or serve alcoholic beverages by the
individual drink.
2. No person shall purchase any alcoholic beverage at retail or
wholesale from any person other than a dealer licensed by the ABLE
commission.
(Prior Code, §§ 3-9, 3-10; Code 1999, § 3-111)
::: phx-name
[Sec 3-112 Sales On
Credit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-112_Sales_On_Credit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Except as may be authorized by state law, no person shall sell any
alcoholic beverage on credit at any retail package store.
(Prior Code, § 3-20; Code 1999, § 3-112)
::: phx-name
[Sec 3-113 Other Prohibitions; Prizes, Happy Hours, Solicitation,
Nudity](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-113_Other_Prohibitions;_Prizes,_Happy_Hours,_Solicitation,_Nudity){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No licensee shall:
1. Give any alcoholic beverage as a prize, premium or consideration
for any lottery, game of chance or skill or any type of
competition; or
2. Advertise or offer \"happy hours\" or any other means or
inducements to stimulate the consumption of alcoholic beverages,
including:
1. Deliver more than two drinks to one person at one time;
2. Sell or offer to sell to any person or group of persons any
drinks at a price less than the price regularly charged for
such drinks during the same calendar week, except at private
functions not open to the public;
3. Sell or offer to sell to any person an unlimited number of
drinks during any set period of time for a fixed price,
except at private functions not open to the public;
4. Sell or offer to sell drinks to any person or group of
persons on any one day at prices less than those charged the
general public on that day, except at private functions not
open to the public;
5. Increase the volume of alcoholic beverages contained in a
drink without increasing proportionately the price regularly
charged for such drink during the same calendar week; or
6. Encourage or permit, on the licensed premises, any game or
contest which involves drinking or the awarding of drinks as
prizes.
2. No licensee shall:
1. Allow any person on the premises where low-point beer or
alcoholic beverages are sold or dispensed for consumption on the
premises of the licensee where such person is unclothed or in
such attire, costume or clothing as to expose to view any
portion of the breast below the top of the areola or any portion
of the pubic area, buttocks or genitalia;
2. Permit any person to perform acts of, or acts which simulate
sexual acts;
3. Permit any person to use artificial devices or inanimate objects
to depict any lewd activities; or
4. Permit the showing of films, still pictures, electronic
reproduction or other visual reproduction depicting any of the
prohibited acts in this section.
3. No licensee shall permit any drink solicitation, or request from a
patron to purchase any low-point beer or intoxicating alcoholic
beverage for consumption on the premises of the licensee, as that
term is defined in this chapter.
(Prior Code, §§ 3-5, 3-9, 3-10, 3-13, 3-22, 3-23; Code 1999, § 3-113)
**State Law reference**--- Similar provisions, 37 O.S. § 537.
::: phx-name
[Sec 3-114 Consumption Of Intoxicating Alcoholic Beverage In Public
Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-114_Consumption_Of_Intoxicating_Alcoholic_Beverage_In_Public_Places){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person within the city shall drink intoxicating liquor in any public
place, unless authorized by the Alcoholic Control Beverage Act, nor
shall any person be intoxicated in a public place within the city.
(Prior Code, §§ 3-25, 16-38; Code 1999, § 3-114)
::: phx-name
[Sec 3-115 Location Of Retail Package Store And Mixed Beverage
Establishments;
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-115_Location_Of_Retail_Package_Store_And_Mixed_Beverage_Establishments;_Exceptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall own, operate, maintain or have any interest in any
retail package store which is located at a place in the city which
is forbidden as a location for such store by state laws or city
ordinances.
2. It shall be unlawful for any mixed beverage establishment, beer and
wine establishment, or bottle club which has been licensed by the
alcoholic beverage laws enforcement commission and which has as its
main purpose the selling or serving of alcoholic beverages for
consumption on the premises, or retail package store, to be located
within 300 feet of any public or private school or church property
primarily and regularly used for worship services and religious
activities; however, a college or university located within an
improvement district created pursuant to 11 O.S. § 39-103.1 may
waive the 300-foot requirement by providing written notice to the
establishment seeking the license and to the alcoholic beverage laws
enforcement commission. Provided, a college or university prior to
waiving the 300-foot requirement found in this subsection shall
publish a notice of its intention to waive such requirement in a
legal newspaper of general circulation within the state at least 30
days but no more than 40 days prior to providing any written notice,
waiving the 300-foot requirement, to the establishment seeking the
license or to the alcoholic beverage laws enforcement commission. As
used in this subsection, the term \"legal newspaper of general
circulation within the state\" means a newspaper meeting the
requisites of a newspaper for publication of legal notices as
prescribed in 25 O.S. § 106 in a majority of the counties in the
state. The distance indicated in this section shall be measured from
the nearest property line of such public or private school or church
to the nearest perimeter wall of the premises of any such mixed
beverage establishment, beer and wine establishment, bottle club, or
retail package store which has been licensed to sell alcoholic
beverages. The provisions of this section shall not apply to mixed
beverage establishments, beer and wine establishments, or bottle
clubs, which have been licensed to sell alcoholic beverages for
on-premises consumption or retail package stores prior to November
1, 2000; provided, if at the time of application for license renewal
the licensed location has not been in actual operation for a
continuous period of more than 60 days, the license shall not be
renewed. If any school or church shall be established within 300
feet of any retail package store, mixed beverage establishment, beer
and wine establishment, or bottle club subject to the provisions of
this section after such retail package store, mixed beverage
establishment, beer and wine establishment, or bottle club has been
licensed, the provisions of this section shall not be a deterrent to
the renewal of such license if there has not been a lapse of more
than 60 days. When any mixed beverage establishment, beer and wine
establishment, or bottle club subject to the provisions of this
section which has a license to sell alcoholic beverages for
on-premises consumption or retail package store changes ownership or
the operator thereof is changed and such change of ownership results
in the same type of business being conducted on the premises, the
provisions of this section shall not be a deterrent to the issuance
of a license to the new owner or operator if he is otherwise
qualified.
(Prior Code, § 3-12, in part; Code 1999, § 3-115)
**State Law reference**--- Similar provisions, 37 O.S. § 518.3.
::: phx-name
[Sec 3-116 Hours Of
Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-116_Hours_Of_Operation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No package store licensee shall sell or keep a package store
premises open for the purpose of selling any alcoholic beverages at
any hour other than between the hours of 8:00 a.m. and midnight,
Monday through Saturday, and noon to midnight on Sundays and shall
not be open on Thanksgiving Day or Christmas Day. Package store
licensees shall be permitted to sell alcoholic beverages on the day
of any general, primary, runoff primary or special election whether
on a national, state, county or city election, provided that the
election day does not occur on any day on which such sales are
otherwise prohibited by law.
2. No holder of a retail wine license or a retail beer license shall
sell any beer or wine other than between the hours of 6:00 a.m. and
2:00 a.m. the following day, Monday through Sunday. Retail wine and
retail beer licensees shall be permitted to sell beer and wine on
the day of any general, primary, runoff primary or special election
whether on a national, state, county, or city election.
3. No alcoholic beverages may be sold, dispensed, served or consumed on
the premises of a mixed drink beverage licensee or bottle club
between the hours of 2:00 a.m. and 8:00 a.m. No licensee shall
permit any person, who has in his possession an open container,
having as its contents an intoxicating alcoholic beverage, to remain
in a mixed beverage establishment between the hours of 2:15 a.m. to
8:00 a.m. No person, having in his possession an open container,
having as its contents an intoxicating alcoholic beverage, shall
remain in a mixed beverage establishment between the hours of 2:15
a.m. to 8:00 a.m. For the purpose of this section, an open container
shall mean any receptacle containing low-point beer or intoxicating
alcoholic beverage, to include the original container of the
beverage where the original seal has been broken or opened.
4. Any person selling or keeping a package store open to sell any
alcoholic beverage during any day or hours not authorized, and any
person selling or permitting the sale of alcoholic beverages at a
grocery store, convenience store or drug store during any day or
hours not authorized shall be guilty of a misdemeanor for first
violation and upon a conviction shall be fined not more than
\$500.00.
(Prior Code, § 3-19; Code 1999, § 3-116)
::: phx-docs
HISTORY\
*Amended by Ord.
[899(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346822_Ordinance%20No.%20899%20(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 3/4/2019\
Amended by Ord.
[940(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349133_940%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 4/6/2020\
*
:::
::: phx-name
[Sec 3-117 Sale Or Delivery Prohibited On Certain
Days](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-117_Sale_Or_Delivery_Prohibited_On_Certain_Days){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No wine or spirits wholesaler licensee shall sell or deliver, and no
wine or spirits retail licensee shall receive any amount of spirits or
wines to any licensee on Sunday or on New Year\'s Day, the Fourth of
July, Thanksgiving Day or Christmas Day.
(Prior Code, § 3-24; Code 1999, § 3-117)
::: phx-docs
HISTORY\
*Amended by Ord.
[899(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346822_Ordinance%20No.%20899%20(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 3/4/2019\
*
:::
::: phx-name
[CHAPTER 3-2 LOW-POINT
BEER](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-2_LOW-POINT_BEER){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 3-201
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-201_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-202 State
Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-202_State_Licenses){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-203 Retail Dealer\'s License Required; License
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-203_Retail_Dealer's_License_Required;_License_Fees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-204 Application For
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-204_Application_For_License){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-205 Expiration Of
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-205_Expiration_Of_License){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-206 Minors On Premises Prohibited;
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-206_Minors_On_Premises_Prohibited;_Exceptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-207 Sale Of Low-Point Beer To Minors
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-207_Sale_Of_Low-Point_Beer_To_Minors_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-208 Employment Of Persons Under 18 Years;
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-208_Employment_Of_Persons_Under_18_Years;_Exceptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-209 Sale Of Low-Point Beer Prohibited During Certain Hours;
Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-209_Sale_Of_Low-Point_Beer_Prohibited_During_Certain_Hours;_Exception){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-210 Transportation Of Low-Point Beer In Moving
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-210_Transportation_Of_Low-Point_Beer_In_Moving_Vehicle){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-211 Minors In Possession Of Low-Point Beer Prohibited While In
Public](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-211_Minors_In_Possession_Of_Low-Point_Beer_Prohibited_While_In_Public){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-212 Consumption Of Low-Point Beer In Public Places; Penalty;
Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-212_Consumption_Of_Low-Point_Beer_In_Public_Places;_Penalty;_Exception){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-213 Misrepresentation Of Age By False Or Altered
Documentation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-213_Misrepresentation_Of_Age_By_False_Or_Altered_Documentation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-214 Inspections, Sales Tax
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-214_Inspections,_Sales_Tax_Records){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 3-215 Glass Area And Lighting
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-215_Glass_Area_And_Lighting_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Low-point beer, 63 O.S. § 163.1 et seq.\
::: phx-name
[Sec 3-201
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-201_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Low-point beer* means beverages containing more than one-half of one
percent alcohol by volume, and not more than 3.2 percent alcohol by
weight, including, but not limited to, beer or cereal malt beverages
obtained by the alcoholic fermentation of an infusion of barley or other
grain, malt or similar products.
*Minor* means a person who, in accordance with state law, has not yet
attained the age at which the consumption of low-point beer is
permitted.
*Retail dealer* means and includes any and all persons who sell,
distribute or dispense any low-point beer at retail to the public for
consumption or use, whether consumed on the premises or not. A dealer
who is engaged in wholesaling low-point beer for resale shall not be
exempt from the provisions of this chapter if he also sells, distributes
or dispenses such beverages direct to the public for consumption or use.
(Prior Code, § 3-106; Code 1999, § 3-201)
::: phx-name
[Sec 3-202 State
Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-202_State_Licenses){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall engage in the business of selling, offering for sale or
distributing any low-point beer, at retail, for consumption or use,
without first having obtained a state license to do so, and in cases
where such beverages are consumed on the premises, a license as provided
by the statutes of the state.
(Prior Code, § 3-127; Code 1999, § 3-202)
::: phx-name
[Sec 3-203 Retail Dealer\'s License Required; License
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-203_Retail_Dealer's_License_Required;_License_Fees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall sell, distribute or dispense any low-point beer at
retail to the public without first having obtained a license to do
so from the city, and making payment in advance to the city clerk in
the amount as provided herein.
2. The annual fee for a license under this chapter shall be as
established by resolution.
3. No license issued hereunder is transferable.
4. Licenses required by this chapter shall be issued by the city clerk
upon payment of the required fee and compliance by the applicant
with all applicable ordinances of the city, and upon a satisfactory
showing that the applicant has obtained such state and county
permits as are required by law.
(Prior Code, §§ 3-126, 3-128, 3-129; Code 1999, § 3-203)
::: phx-name
[Sec 3-204 Application For
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-204_Application_For_License){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
An applicant for a retail dealer\'s license or renewal of such license
shall deposit the required fee with the city clerk and submit an
application on the form provided by the clerk.
(Code 1999, § 3-204)
::: phx-name
[Sec 3-205 Expiration Of
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-205_Expiration_Of_License){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The licenses provided for in this chapter shall expire annually on June
30, and the fee therefor shall not be prorated.
(Prior Code, § 3-130; Code 1999, § 3-205)
::: phx-name
[Sec 3-206 Minors On Premises Prohibited;
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-206_Minors_On_Premises_Prohibited;_Exceptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It shall be unlawful for any person who holds a license to sell and
dispense low-point beer for consumption on the premises, or any
agent, servant, or employee of said license holder, to permit any
person under 21 years of age to be admitted to or remain in a
separate or enclosed bar area of the licensed premises, which has as
its main purpose the selling or serving of low-point beer for
consumption on the premises. The provisions of this section shall
not prohibit persons under 21 years of age from being admitted to an
area which has as its main purpose some objective other than the
sale or serving of low-point beer, in which sales or serving of said
beverages are incidental to the main purpose, as long as persons
under 21 years of age are not sold or served said beverages;
however, the incidental service of food in the bar area shall not
exempt a licensee, agent, servant, or employee from the provisions
of this subsection.
2. If the premises of a holder of a license to sell low-point beer
contains a separate or enclosed bar area which has as its main
purpose the sale or serving of low-point beer for consumption on the
premises, no minor shall enter, attempt to enter, or remain in the
area. The provisions of this subsection shall not prohibit minors
from entering or remaining in an area which has as its main purpose
some objective other than the sale or serving of low-point beer, in
which sales or serving of the beverages are incidental to the main
purpose, if the minors are not sold or served or do not consume
low-point beer anywhere on the premises; however, the incidental
service of food in the bar area shall not exempt minors from the
provisions of this subsection.
(Prior Code, § 3-108; Code 1999, § 3-206)
**State Law reference**--- Similar provisions, 37 O.S. §§ 241, 243, 246.
::: phx-name
[Sec 3-207 Sale Of Low-Point Beer To Minors
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-207_Sale_Of_Low-Point_Beer_To_Minors_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person who holds a license to sell and dispense
low-point beer, or any agent, servant or employee of the license holder,
to sell, barter or give to any minor any low-point beer.
(Prior Code, § 3-111; Ord. No. 486, 6-5-1989; Code 1999, § 3-207)
**State Law reference**--- Similar provisions, 37 O.S. § 241.
::: phx-name
[Sec 3-208 Employment Of Persons Under 18 Years;
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-208_Employment_Of_Persons_Under_18_Years;_Exceptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful for any person under 18 years of age to be employed
or permitted to work, in any capacity whatsoever, in a place where
low-point beer is sold or dispensed for consumption on the premises.
2. It is unlawful for any minor to be employed or permitted to work, in
any capacity whatsoever, in the separate or enclosed bar area of a
place where the main purpose of the area is the sale or consumption
of low-point beer. The provisions of this subsection shall not apply
to any area which has as its main purpose some objective other than
the sale or serving of low-point beer, in which sales or serving of
the beverages are incidental to the main purpose; however, the
incidental service of food in the bar area shall not exempt a holder
of a license to sell low-point beer for consumption on the premises
from the provisions of this subsection.
3. A parent in regard to the employment of his own child is exempted
from the provisions of this section, provided that such employment
shall in no capacity whatsoever be related to the selling or
dispensing of such beverages.
4. The provisions of subsection (A) of this section shall not apply to
any business or establishment where sales of the beverages do not
exceed 25 percent of the gross sales of the business or
establishment.
(Code 1999, § 3-208)
**State Law reference**--- Similar provisions, 37 O.S. § 243.
::: phx-name
[Sec 3-209 Sale Of Low-Point Beer Prohibited During Certain Hours;
Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-209_Sale_Of_Low-Point_Beer_Prohibited_During_Certain_Hours;_Exception){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No retailer licensed to sell low-point beer shall sell such
beverages for consumption on the premises between the hours of 2:00
a.m. Sunday morning and 7:00 a.m. Monday morning or between the
hours of 2:00 a.m. and 7:00 a.m. on any other day.
2. No retail dealer of any business selling low-point beer, as that
term is defined in this chapter, for consumption on the premises,
nor any operator, agent, or employee of the retail dealer, shall
permit any person, who has in his possession an open container
having as its contents a low-point beer, to remain on the premises
between the hours of 2:15 a.m. to 7:00 a.m. Mondays through
Saturdays, or on Sundays after 7:00 a.m. No person, having in his
possession an open container having as its contents a low-point
beer, shall remain on the premises between the hours of 2:15 a.m. to
7:00 a.m. Mondays through Saturdays, or on Sundays after the hour of
2:15 a.m. For the purpose of this section, an open container shall
mean any receptacle containing low-point beer or intoxicating
alcoholic beverage, to include the original container of the
beverage where the original seal has been broken or opened.
(Code 1999, § 3-209)
**State Law reference**--- City powers to regulate hours, Sunday hours,
37 O.S. § 213.
::: phx-name
[Sec 3-210 Transportation Of Low-Point Beer In Moving
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-210_Transportation_Of_Low-Point_Beer_In_Moving_Vehicle){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall knowingly transport in any moving vehicle upon a public
highway, street or alley within the city any low-point beer except in
the original container which shall have not been opened and from which
the original cap or seal shall have not been removed, unless the opened
container is in the rear trunk or rear compartment, which shall include
the spare tire compartment in a station wagon or panel truck, or any
outside compartment which is not accessible to the driver or any other
person in the vehicle while it is in motion.
(Prior Code, § 3-113; Code 1999, § 3-210)
**State Law reference**--- Similar provisions, 37 O.S. § 537.
::: phx-name
[Sec 3-211 Minors In Possession Of Low-Point Beer Prohibited While In
Public](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-211_Minors_In_Possession_Of_Low-Point_Beer_Prohibited_While_In_Public){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person under 21 years of age shall:
1. Consume; or
2. Possess with the intent to consume;
low-point beer, as defined in 37 O.S. § 163.2, in any public place. Any
person violating any of the provisions of this section shall be guilty,
upon conviction, of a misdemeanor and punished as provided in section
1-108 or by appropriate community service not to exceed 20 hours.
Provided, the provisions of this section shall not apply when such
persons are under the direct supervision of their parent or lawful
guardian, but in no instance shall this exception be interpreted to
allow such persons to consume such beverages in any place licensed to
dispense low-point beer as provided in 37 O.S. § 163.11.
(Prior Code, § 3-112; Code 1999, § 3-211; Ord. No. 31(92), 7-20-1992)
::: phx-name
[Sec 3-212 Consumption Of Low-Point Beer In Public Places; Penalty;
Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-212_Consumption_Of_Low-Point_Beer_In_Public_Places;_Penalty;_Exception){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall consume, or possess with intent to consume,
low-point beer in any public place, or upon any public street.
2. Any person violating the provision of this section shall, upon
conviction, be guilty of a misdemeanor and shall be punished as
provided in section 1-108, or by appropriate community service not
to exceed 20 hours.
3. The provisions of this section shall not prohibit a person who is of
age from consuming such beverages in any place licensed to dispense
beer as provided for in 37 O.S. § 163.11.
(Code 1999, § 3-212; Ord. No. 31(92), 7-20-1992)
**State Law reference**--- Similar provisions, 37 O.S. § 246.
::: phx-name
[Sec 3-213 Misrepresentation Of Age By False Or Altered
Documentation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-213_Misrepresentation_Of_Age_By_False_Or_Altered_Documentation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall represent his age either orally or in writing or by
presenting false or altered documentation of age for the purpose of
inducing any person to sell him low-point beer.
(Code 1999, § 3-213)
::: phx-name
[Sec 3-214 Inspections, Sales Tax
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-214_Inspections,_Sales_Tax_Records){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every person subject to the provisions of this chapter shall, at the
request of the city, produce such state sales tax records as the
city might request within ten working days of such request, and the
application for the acceptance of any license hereunder shall
conclusively be deemed to be consent of the applicant and licensee
to produce such state sales tax records.
2. The police department may make inspections of all places of business
where low-point beer is sold, distributed, or dispensed at retail,
for the purpose of enforcing the law and for ascertaining whether
the operators thereof are complying with the requirements of the law
relating to the handling of low-point beer.
(Code 1999, § 3-214)
::: phx-name
[Sec 3-215 Glass Area And Lighting
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-215_Glass_Area_And_Lighting_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All buildings and structures used or occupied as a place where
low-point beer is offered for sale for consumption on the premises
shall be so designed, constructed and maintained as to contain in
the face of such building fronting upon the nearest public way to
which such building is adjacent and used as the most public entrance
a plate glass area forming both the interior and exterior wall
equivalent to 75 percent of the total area of the face of such
building computed on a square footage basis between floor level and
ceiling height.
2. All plate glass required by this section shall be maintained in a
clear, unpainted and unobstructed condition, so as to permit clear
visibility of the interior of such building from without the same.
All areas of such building designed for use by the retail customers
of such establishment shall be lighted with incandescent or
fluorescent lights providing a minimum of 25 footcandles of light at
all locations within the area. All such establishments containing
less than the required percentage of glassed area on the face of the
building as of the date of passage of this section shall keep and
maintain all of the existing glassed area on the face of the
building in a clear, unpainted and unobstructed condition and shall
not enlarge or extend the building without compliance with the
provisions of this section.
(Prior Code, § 3-109, 3-110; Code 1999, § 3-215)
::: phx-name
[CHAPTER 3-3 PROHIBITING GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC
BEVERAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_3-3_PROHIBITING_GATHERINGS_WHERE_MINORS_ARE_CONSUMING_ALCOHOLIC_BEVERAGES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 3-301 Permitting Or Allowing Gathering Where Minors Are Consuming
Alcoholic
Beverages](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-301_Permitting_Or_Allowing_Gathering_Where_Minors_Are_Consuming_Alcoholic_Beverages){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 3-301 Permitting Or Allowing Gathering Where Minors Are Consuming
Alcoholic
Beverages](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_3-301_Permitting_Or_Allowing_Gathering_Where_Minors_Are_Consuming_Alcoholic_Beverages){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Definitions*. The following words, terms and phrases, when used in
this chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:\
*\
Alcohol* means ethyl alcohol, hydrated oxide of ethyl, or spirits of
wine, from whatever source or by whatever process produced.\
*\
Alcoholic beverage* includes alcohol, spirits, liquor, wine, beer,
and every liquid or solid containing alcohol, spirits, wine, or
beer, and which contains one-half of one percent or more of alcohol
by volume and which is fit for beverage purposes either alone or
when diluted, mixed, or combined with other substances. The term
\"alcoholic beverage\" includes intoxicating beverages and low-point
beer as defined herein.\
*\
Gathering* means a party, gathering, or event, where a group of
three or more persons have assembled or are assembling for a social
occasion or social activity.\
*\
Intoxicating beverage* includes beverages containing more than 3.2
percent alcohol by weight.\
*\
Legal guardian* means:
1. A person who, by court order, is the guardian of the person of a
minor; or
2. A public or private agency with whom a minor has been placed by
the court.
*Low-point beer* means and includes beverages containing more than
one-half of one percent alcohol by volume, and not more than 3.2
percent alcohol by weight, including, but not limited to, beer or
cereal malt beverages obtained by the alcoholic fermentation of an
infusion of barley or other grain, malt or similar products.\
*\
Minor* means any person under 21 years of age.\
*\
Parent* means a person who is a natural parent, adoptive parent,
foster parent, or step-parent of another person.\
*\
Premises* means any residence or other private property, place, or
premises, including any commercial or business premises.\
*\
Response costs* are the costs associated with responses by law
enforcement, fire, and other emergency response providers to a
gathering, including, but not limited to:
1. Salaries and benefits of law enforcement, code enforcement,
fire, or other emergency response personnel for the amount of
time spent responding to, remaining at, or otherwise dealing
with a gathering, and the administrative costs attributable to
such response;
2. The cost of any medical treatment for any law enforcement, code
enforcement, fire, or other emergency response personnel injured
responding to, remaining at, or leaving the scene of a
gathering;
3. The cost of repairing any city equipment or property damaged,
and the cost of the use of any such equipment, in responding to,
remaining at, or leaving the scene of a gathering; and
4. Any other allowable costs related to the enforcement of this
section.
2. *Consumption of alcohol by minor in public place, place open to
public, or place not open to the public*. Except as permitted by
state law, it is unlawful for any minor to consume at any place not
open to the public any alcoholic beverage, unless in connection with
the consumption of an alcoholic beverage that minor is being
supervised by his parent or legal guardian.
3. *Hosting, permitting, or allowing a party, gathering, or event where
minors consume alcoholic beverages prohibited*.
1. 1. It is the duty of any person having control of any premises,
who knowingly hosts, permits, or allows a gathering at said
premises, to take all reasonable steps to prevent the
consumption of alcoholic beverages by any minor at the
gathering. Reasonable steps are controlling access to
alcoholic beverages at the gathering; controlling the
quantity of alcoholic beverages present at the gathering;
verifying the age of persons attending the gathering by
inspecting drivers\' licenses or other government-issued
identification cards to ensure that minors do not consume
alcoholic beverages while at the gathering; and supervising
the activities of minors at the gathering.
2. It is unlawful for any person having control of any premises
to knowingly host, permit, or allow a gathering to take
place at said premises where at least one minor consumes an
alcoholic beverage, whenever the person having control of
the premises either knows a minor has consumed an alcoholic
beverage or reasonably should have known that a minor
consumed an alcoholic beverage had the person taken all
reasonable steps to prevent the consumption of an alcoholic
beverage by a minor as set forth in subsection (C)(1)a of
this section.
2. This section shall not apply to conduct involving the use of
alcoholic beverages that occurs exclusively between a minor and
his parent or legal guardian.
3. Nothing in this section should be interpreted to prohibit any
family activity held in the confines of the family home from
providing the use of alcohol to immediate family members within
the supervision of parents and guardians. However, if a minor
leaves such a family gathering intoxicated and is found in
public then said providers of alcohol will be held responsible
in the same manner as a non-family gathering.
4. Nothing in this section should be interpreted to prohibit any
religious practice which includes the use of alcohol. However,
if a minor leaves such a religious gathering intoxicated and is
found to be in public then said providers of alcohol will be
held responsible in the same manner as a non-religious
gathering.
5. This section shall not apply to any premises licensed by the
state to dispense alcoholic beverages.
4. *Penalty*. Any person violating the provisions of this section shall
be punished pursuant to the terms of section 1-108.
5. *Reservation of legal options*. Violations of this section may be
prosecuted by the city criminally, civilly, and/or administratively
as provided by this Code. The city may seek administrative fees and
response costs associated with enforcement of this section through
all remedies or procedures provided by statute, ordinance, or law.
This section shall not limit the authority of peace officers or
private citizens to make arrests for any criminal offense arising
out of conduct regulated by this section, nor shall they limit the
city\'s ability to initiate and prosecute any criminal offense
arising out of the same circumstances necessitating the application
of this section.
6. *Local authority.* This section shall not apply where prohibited or
preempted by state or federal law.
(Code 1999, § 3-301; Ord. No. 601(07), 11-19-2007)
::: {.phx-name .phx-break}
[PART 4
ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_4_ANIMALS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[CHAPTER 4-1 GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_4-1_GENERAL_PROVISIONS){.k-link
target="_blank" style="color:#0000EE"}\
**\
State Law reference**--- City powers to regulate animals, 11 O.S. §
22-115 et seq.\
::: phx-name
[CHAPTER 4-1 GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_4-1_GENERAL_PROVISIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[ARTICLE 4-1A ANIMAL
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1A_ANIMAL_REGULATIONS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 4-1B REGISTRATION AND VACCINATION OF
ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1B_REGISTRATION_AND_VACCINATION_OF_ANIMALS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 4-1C IMPOUNDMENT
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1C_IMPOUNDMENT_REGULATIONS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 4-1D CRUELTY TO
ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1D_CRUELTY_TO_ANIMALS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 4-1E RABIES AND ANIMAL
BITES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1E_RABIES_AND_ANIMAL_BITES){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 4-1F VICIOUS
ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1F_VICIOUS_ANIMALS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 4-1G
PENALTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1G_PENALTY){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- City powers to regulate animals, 11 O.S. §
22-115 et seq.\
::: phx-name
[ARTICLE 4-1A ANIMAL
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1A_ANIMAL_REGULATIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 4-101
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-101_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-102 Running At Large, Owners Cited;
Enclosures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-102_Running_At_Large,_Owners_Cited;_Enclosures){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-103 Control Of Animals Required, At Large And
Sanitation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-103_Control_Of_Animals_Required,_At_Large_And_Sanitation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-104 Keeping And Raising Of
Fowl](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-104_Keeping_And_Raising_Of_Fowl){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-105 Keeping Of
Swine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-105_Keeping_Of_Swine){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-106 Buildings, Structures For Animals;
Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-106_Buildings,_Structures_For_Animals;_Location){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-107 Number Of Animals Restricted,
Kennels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-107_Number_Of_Animals_Restricted,_Kennels){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-108 Noisy Animals; Complaint Procedure For Animals Which Disturb,
Are In Violation Of
Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-108_Noisy_Animals;_Complaint_Procedure_For_Animals_Which_Disturb,_Are_In_Violation_Of_Code){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-109 Keeping Of Wild Or Exotic
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-109_Keeping_Of_Wild_Or_Exotic_Animals){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-110 Pasturing In Public Areas
Illegal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-110_Pasturing_In_Public_Areas_Illegal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-111 Riding On Streets; Racing
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-111_Riding_On_Streets;_Racing_Animals){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-112 Keeping Of
Bees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-112_Keeping_Of_Bees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-113 Use Of Metal
Traps](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-113_Use_Of_Metal_Traps){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-114 Refusal To Deliver Animal To Animal Control
Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-114_Refusal_To_Deliver_Animal_To_Animal_Control_Officer){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-115 Feeding Of Wild
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-115_Feeding_Of_Wild_Animals){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 4-101
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-101_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:\
*\
Adequate care* means normal and prudent attention to the needs of an
animal including wholesome food, clean water, shelter and healthcare
as necessary to maintain good health in a specific species of
animal.\
*\
Adequate food* means provisions at suitable intervals at no more
than 12 hours unless dietary requirements of the species require a
longer interval, of a quality, wholesome food suitable for the
species and age, sufficient to maintain a reasonable level of
nutrition in each animal, served in a safe receptacle, dish or
container.\
*\
Adequate water* means the continual access to or access at suitable
intervals not less than once each eight hours for at least on hour
to a supply of clean, fresh, unfrozen, potable water provided in a
sanitary manner suitable for the species, condition and age of the
animal and in sufficient amounts to maintain good health in the
animal. Such water shall be provided in a secure manner so the
container cannot be overturned.\
*\
Adequate shelter* means structurally sound, properly ventilated,
sanitary, dry and weather proof shelter suitable for the species,
age and condition of the animal which is free of litter or hazardous
substances and objects, contains clean and dry bedding material and
which provides access to shade from direct sunlight and regress from
inclement weather conditions. Shelter shall be fully enclosed on
three sides, roofed and a solid floor. The entrance to the shelter
shall be flexible to allow the animal\'s entry and exit and sturdy
enough to block entry of wind or rain. The shelter shall be small
enough to retain the animal\'s body heat and large enough to allow
the animal to stand and turn around comfortably. Unacceptable
shelter includes, but is not limited to, barrels, pipes, crates,
cardboard boxes, pet carriers or tarpaulins.\
*\
Animal* means livestock, creatures, fowl, dogs, cats, or ferrets
except fowl shall not apply to the term \"animal\" when dealing with
rabies issues.\
*\
Animal control authority* means the animal control section of the
city or its representative directed by the city manager for the
welfare of the city.\
*\
Animal control officer* means the persons employed by the animal
control authority or appointed by the city manager to enforce this
chapter.\
*\
Animal shelter* means any premises designated by action of the
council for the purposes of impounding and caring for animals.\
*\
At large* or *running at large* means any animal (except cats) not
under the control of a competent person. As applied to animals, the
term \"at large\" or \"running at large\" means:
1. *Off-premises*. Any animal (except cats) which is not restrained
by means of a leash or chain of sufficient strength and not more
than six feet in length to control the actions of such animal
while off the owner\'s property; and
2. *On-premises*. Any animal (except cats) not confined within the
owner\'s property by a substantial fence of sufficient strength
and height to prevent the animal from escaping therefrom, or
secured on the premises by a metal chain or leash sufficient in
strength to prevent the animal from escaping from the owner\'s
property and so arranged so that the animal will remain upon the
property when the leash is stretched to full length. A dog
intruding upon the property of another person other than the
owner shall be termed running at large. Any animal within an
automobile or other vehicle of its owner or owner\'s agent shall
not be deemed running at large.
*Body harness* means a set of straps that extend around the chest
and mid-section of the animal\'s body, so as to not tighten around
the animal\'s neck when the animal pulls at the end of the tether.\
*\
Cat* means any member of the feline family.\
*\
Collar* means a band of leather or soft material fastened around the
neck of an animal as to attach a license, tag or tether.\
*\
Compendium* means the most recent version of compendium of animal
rabies control established by the National Association of State
Public Health Veterinarians Inc., adopted by the animal control
authority.\
*\
Creature* means a domesticated animal used as a household pet such
as a hamster, gerbil or similar animal.\
*\
Dangerous animal*. See Vicious canine.\
*\
Dog* means any member of the canine family.\
*\
Domesticated* means trained or adapted for use in a human
environment.\
*\
Domesticated birds* means canaries, parrots, parakeets, myna birds,
peacocks, birds of paradise or other birds tamed to the household or
pertaining thereto.\
*\
Enclosure* means, while on the property of the owner, secure
confinement indoors or in a securely enclosed and locked pen or
structure, suitable to prevent entry and designed to prevent the
animal from escaping.\
*\
Euthanized* means to put to death in a humane manner.\
*\
Exposed to rabies* means any animal (except fowl) that has been
bitten by or exposed to any other animal known to have been infected
with rabies.\
*\
Fowl* means domesticated chickens, guineas, geese, ducks and
pigeons, peacocks and turkeys.\
*\
Harbor* means to feed or shelter an animal at the same location for
five or more consecutive days.\
*\
Impound* means to apprehend, catch, trap, net or if necessary, kill
any animal by the animal control authority or its agent.\
*\
Impounding facilities* means any premises designed by the city for
the purpose of impounding and caring for all animals found in
violation of this chapter.\
*\
Keeper* means any person, family, firm or corporation owning or
actually keeping, having, using or maintaining any of the animals
herein referred to.\
*\
Kennel* means any place where four or more dogs or four or more
cats, more than six months of age, are kept, sheltered or fed and
watered.\
*\
License* means annual pet registration required by the city for
animals vaccinated against rabies, issued by the animal control
authority.\
*\
Livestock* means domestic animals such as swine, horses, mules,
asses, sheep, goats or cattle. When these terms are used herein, it
shall include any related member of the species.\
*\
Muzzle* means a device constructed of strong, soft material or a
metal muzzle such as that used commercially with greyhounds. The
muzzle must be made in a manner which will not cause injury to the
animal or interfere with its vision or respiration, but must prevent
it from biting any person, animal or livestock.\
*\
Neuter* means to render a male animal unable to reproduce.\
*\
Non choke type* *collars* means a collar that when worn by an animal
does not constrict or choke the animal when the animal pulls or
extends the attached tether.\
*\
Nuisance animal* means the conduct or behavior of any animal which
molests passersby or passing vehicles; attacks other animals;
damages private or public property; barks, whines, howls, crows or
makes other noises in an excessive, continuous fashion which annoys
the comfort, repose, health or safety of the people in the
community; unconfined in season; or a vicious animal not confined as
required by this chapter.\
*\
Owner* or *keeper* means any person, group of persons or corporation
owning, keeping or harboring animals, fowl or birds.\
*\
Provoke* or *provocation* means, with respect to an attack by an
animal, that the animal was hit, kicked or struck by a person with
an object or part of a person\'s body or that any part of the
animal\'s body is pulled, pinched or squeezed by a person.\
*\
Rabies policy and procedure* means the \"compendium\" unless
otherwise stated.\
*\
Ratproof* means that state of being constructed so as to effectively
prevent entry of rats.\
*\
Registration and vaccination for rabies* means the procedure of
vaccinating for rabies and issuing an identification number and an
appropriate certificate issued by a licensed veterinarian.\
*\
Restraint* means that an animal is controlled by leash or tether,
either of which shall not exceed six feet in length, by a competent
person, or is within any vehicle, trailer or other conveyance being
driven, pulled or parked on the street, or is confined within the
property limits of its owner or keeper.\
*\
Sanitary* means any condition of good odor and cleanliness which
precludes the probability of disease transmission and insect
breeding and which preserves the health of the city.\
*\
Severe injury* means any physical injury that results in bruising,
lacerations, or causing blood to be drawn.\
*\
Spay* means to render a female animal incapable to reproduce.\
*\
Tag* means any object that bears a registration number and the words
\"registered and vaccinated for rabies\" in the shape and color
recognized by the National Association of State Public Health
Veterinarians which has been issued by a veterinarian.\
*\
Tether* means a rope, chain, or cable that is attached to an
animal\'s collar or harness for the purpose of restraining the
animal.\
*\
Vaccination* means a treatment with a vaccine to produce an immunity
against disease.\
*\
Veterinarian* means a person holding a current state license
qualified to treat diseased or injured animals.\
*\
Vicious canine* means:
1. 1. Any canine which, according to the records of the
appropriate authority, has inflicted severe injury on a
human being without provocation on public or private
property where such a person is conducting himself peaceably
and lawfully;
2. Any canine which, according to the records of the
appropriate authority, requires a defensive action by any
person to prevent bodily injury or property damage without
provocation on public or private property where such a
person is conducting himself peaceably and lawfully;
3. Any canine which, according to the records of the
appropriate authority, has killed a domestic animal or
livestock without provocation while off the owner\'s
property or has caused economic loss to the owner of
livestock as a result of the canine\'s attacking or
harassing the livestock;
4. Any canine owned or harbored primarily or in part for the
purpose of canine fighting or any canine trained for canine
fighting; or
2. All other words, terms or phrases used herein shall be defined
and interpreted according to their common usage.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-102 Running At Large, Owners Cited;
Enclosures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-102_Running_At_Large,_Owners_Cited;_Enclosures){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any animal (excluding cats), running at large in the city may be
taken up by the animal control officer and impounded at the animal
shelter. Employees of the city animal control authority shall have
the authority to enter upon the owners property in pursuing a dog
which is running at large and they shall have authority to open
gates, cross fences and take whatever steps that are necessary to
impound the dog running at large, except nothing in this section
shall be construed to authorize the city employee to enter into a
dwelling of a person. The animal control officer may, at their
discretion, cite the owner of such animal to appear in municipal
court to answer charges of each violation of this chapter. Upon a
first conviction for violation of this section, such violation shall
be punishable by a maximum fine of \$500.00 plus court costs. Upon a
second conviction within a twelve month period for conviction of a
violation of this section, such violation shall be punishable by a
minimum fine of \$250.00 up to a maximum of \$500.00 plus court
costs. Upon a third and all subsequent convictions within a twelve
month period for violation of this section, such violation shall be
punishable by a minimum fine of \$400.00 up to a maximum of \$500.00
plus court costs.
2. Every person who owns or has charge of any animal within the city
shall be required to keep the domestic animal within a suitable
enclosure and to restrain the animal from running at large.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
Amended by Ord.
[968(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785531_Ordinance%20968.21.pdf){.k-link
target="_blank" style="color:#0000EE"} on 3/15/2021\
*
:::
::: phx-name
[Sec 4-103 Control Of Animals Required, At Large And
Sanitation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-103_Control_Of_Animals_Required,_At_Large_And_Sanitation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful for any owner or person to:
1. Fail to prevent any animal (except cats) from running at large
within the city; or
2. Perform, do or carry out any inhumane treatment against any
animal; or
3. Keep, possess, own, control, maintain, use or otherwise exercise
dominion over any animal which by reason of noise, odor or
sanitary conditions becomes offensive to a reasonable and
prudent person of ordinary tastes and sensibilities, or which
constitutes or becomes a health hazard as determined by the
health officer or animal control officer; or
4. Turn any animal at large or release an animal which is
restrained or confined in an enclosure as required by this
chapter; or
5. Harbor, keep or have possession of a nuisance animal as defined
in this chapter.
2. 1. No owner, keeper, or person having control of any animal shall
fail to immediately remove and dispose of in a sanitary manner
any solid waste deposited by such animal upon any sidewalk,
public park, alley, other place open to the public, or from
private property before the owner leaves the immediate area
where the solid waste was deposited.
2. No owner, keeper, or person having control of any animal shall
fail to have in his possession the equipment necessary to remove
his animal\'s solid waste when accompanied by said animal on
public property.
3. No owner, keeper or person having control of any animal shall
permit such animal to destroy or damage property of any kind or
to deposit solid waste or to commit a similar nuisance on the
private property of a person or the property of the city,
including its parks and playgrounds, or any property other than
that of the owner of the animal.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-104 Keeping And Raising Of
Fowl](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-104_Keeping_And_Raising_Of_Fowl){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Keeping of fowl is prohibited in the city limits except on property
zoned A1 or A2.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-105 Keeping Of
Swine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-105_Keeping_Of_Swine){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Keeping and raising of swine and other livestock is prohibited in
the City limits except on property zoned A1 or A2.
1. Asian pot-bellied swine or other similar small swine located
outside of zone A1 or A2 will be permitted only under the
following conditions:
1. Each pot-bellied swine shall be a pet that is to be kept for
personal enjoyment and not kept or raised for human
consumption;
2. Each pot-bellied swine shall be registered through a bona
fide registry firm;
3. There shall not be more than two pot-bellied swine of more
than three months of age per residence; and
4. Swine must be registered with the City of Moore Animal
Control on or before October 1, 2023 with proof of ownership
(veterinary bills, etc.) prior to February 1, 2023.
2. Nothing in this section shall be deemed to limit or hinder city or
state health enforcement personnel from restricting or removing, or
requiring the removal of, any such swine from the city if such an
action is deemed necessary to promote or protect the health and
safety of the inhabitants of the city. Furthermore, any regulation
promulgated by the state department of health or statute adopted by
the legislature relating to pot-bellied pigs or other small swine
shall be deemed applicable to any such swine or pot-bellied pigs
authorized by this section.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
Amended by Ord.
[1032.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692208673_1032.23%20signed.pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/5/2023\
*
:::
::: phx-name
[Sec 4-106 Buildings, Structures For Animals;
Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-106_Buildings,_Structures_For_Animals;_Location){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every building or place where any animal is kept shall be
constructed of such material and in such manner that it can be kept
clean and sanitary at all times.
2. No place where an animal is kept shall be maintained closer than 25
feet to the premises of an apartment, hotel, restaurant,
boardinghouse, food store, building used for educational, religious
or hospital purposes, or dwelling other than that occupied by the
owner or occupant of the premises upon which the animal is kept.
3. Every building where any livestock is kept, if located within 200
feet of any apartment, hotel, restaurant, boardinghouse, food store,
building used for educational, religious or hospital purposes, or
any dwelling other than that occupied by the owner or occupant of
the premises upon which the animal is kept, shall be provided with a
watertight and flytight receptacle for manure, of such size as to
hold all accumulation of manure. The receptacle shall be emptied
sufficiently often and in such manner as to prevent it from being or
becoming a nuisance, and shall be kept covered at all times except
when open during the deposit or removal of manure or refuse. No
manure shall be allowed to accumulate on such premises except in the
receptacle.
4. The animal control officer shall inspect any structure or place
where an animal is kept on his own initiative or upon complaint. He
may issue any such reasonable order as he may deem necessary to the
owner of such animal to cause the animal to be kept as required in
this chapter or in a manner so as not to constitute a nuisance. He
may make a complaint before the city court against any person for
violation of any provision of this chapter, or of any such
reasonable order.
5. The placement of any structure must comply with all of the
regulations set out within part 12, \"Planning, Zoning, and
Development,\" and the adopted Land Development Code.
6. The construction, materials, and building use must comply with all
of the adopted regulations set out in part 5, \"Building Regulations
and Codes,\" of the Code of Ordinances.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-107 Number Of Animals Restricted,
Kennels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-107_Number_Of_Animals_Restricted,_Kennels){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No more than four animals, more than six months of age, may be kept
on any lot, premises or in any structure, except in a kennel. Not
more than one litter of puppies born to one female dog or one litter
of kittens born to one female cat may be kept on any lot or premises
or kept in any structure except in a kennel.
2. It is unlawful for any person to have, run, maintain or operate any
kennel or any place for the sale, exchange, breeding or training of
pet animals within the city except in accordance with the zoning
ordinance.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-108 Noisy Animals; Complaint Procedure For Animals Which Disturb,
Are In Violation Of
Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-108_Noisy_Animals;_Complaint_Procedure_For_Animals_Which_Disturb,_Are_In_Violation_Of_Code){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall keep any animal which causes frequent or
long-continued noise so as to disturb the comfort or repose of any
reasonable person in the vicinity. Any violation of this section is
declared to be a nuisance and as such may be abated.
2. Any person with knowledge thereof may file a complaint in the
municipal court against the owner or keeper of an animal which
disturbs the comfort or repose of any reasonable person in the
vicinity or which is in violation of this chapter. If the court
finds that an animal is a nuisance or in violation of this chapter,
then the court may order the owner or keeper to prevent and abate
the nuisance, or order the animal impounded with the owner or keeper
to pay impoundment costs, or order punishment as provided in
paragraph C below.
3. 1\) Upon a first conviction for violation of this section, such
violation shall be punishable by a maximum fine of \$500.00 plus
court costs. 2) Upon a second conviction within a twelve month
period for conviction of a violation of this section, such violation
shall be punishable by a minimum fine of \$250.00 up to a maximum of
\$500.00 plus court costs. 3) Upon a third and all subsequent
convictions within a twelve month period for violation of this
section, such violation shall be punishable by a minimum fine of
\$400.00 up to a maximum of \$500.00 plus court costs.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
Amended by Ord.
[965(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785234_Ordinance%20965.21.pdf){.k-link
target="_blank" style="color:#0000EE"} on 3/1/2021\
*
:::
::: phx-name
[Sec 4-109 Keeping Of Wild Or Exotic
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-109_Keeping_Of_Wild_Or_Exotic_Animals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. For the purpose of this section, a wild or exotic animal means an
animal which is usually not a domestic animal and which can normally
be found in the wild state, with or without mean or vicious
propensities, including, but not limited to, lions, tigers,
leopards, panthers, bears, wolves, alligators, crocodiles, apes,
foxes, elephants, rhinoceroses, and all forms of poisonous or large
snakes, including those considered dangerous, such as boas and
pythons, lynxes, raccoons, skunks, monkeys and like animals.
2. It is unlawful to keep or harbor any wild or exotic animal in the
city limits as a pet or for display or for exhibition purposes,
whether gratuitously or for a fee, except as provided in this
section.
3. This section shall not apply to zoological parks or zoos, performing
animal exhibitions, circuses, educational or medical institutions in
accordance with any applicable regulations of the council.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-110 Pasturing In Public Areas
Illegal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-110_Pasturing_In_Public_Areas_Illegal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to pasture any animal on any public
property or private property without the consent of the person owning or
controlling the property.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-111 Riding On Streets; Racing
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-111_Riding_On_Streets;_Racing_Animals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall ride or lead any horse or other animal or drive any
wagon, carriage or other vehicle on the streets in the business
district or intensive residential district without a permit as may
be issued by the city manager.
2. It is unlawful for any person to race any animal or recklessly ride
an animal on or over any street or on any public grounds in the
city.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-112 Keeping Of
Bees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-112_Keeping_Of_Bees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall keep or permit the keeping of bees or for any person to
own, harbor or possess a beehive unless zoned A1 or A2.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-113 Use Of Metal
Traps](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-113_Use_Of_Metal_Traps){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The use of metal traps is hereby prohibited inside the city, unless
such traps are used in accordance with the provisions of this
section.
2. For purposes of this section, the term \"metal trap\" is defined as
a metal clamping device which is made of metal generally used for
the purpose of trapping animals, which device has metal jaws which
close upon the animal so as to trap the animal between the jaws of
the trap.
3. Metal traps as defined in this section may be used only by
individuals currently in possession of a nuisance wildlife control
operator permit through ODWC.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-114 Refusal To Deliver Animal To Animal Control
Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-114_Refusal_To_Deliver_Animal_To_Animal_Control_Officer){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall refuse to deliver up to the animal control officer an
animal when requested to do so under the provisions of this chapter.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-115 Feeding Of Wild
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-115_Feeding_Of_Wild_Animals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Purpose. The intent of this section is to protect the health,
safety, and welfare of the community and its wildlife by prohibiting
the feeding of wild animals and waterfowl on public and private
property within the corporate limits of the City of Moore. The
feeding of waterfowl and other wild animals increases the potential
for damage to public parks and private property. It also elevates
the potential for the spread of disease in people and companion
animals. In addition, it is the intent of this section to protect
the welfare of the waterfowl and wild animals themselves. Wildlife
studies have shown that feeding waterfowl and other wild animals can
interrupt their normal migration patterns, can make them more
aggressive in demanding food, cause nutritional problems, expose
them and our citizens to danger by eliminating the animals' natural
fear of predators, and promote the spread of diseases and
disease-carrying parasites.
2. Definitions. As used in this section, the following terms shall have
the meanings indicated:[]{.cursor-fix}
1. BIRD FEEDER. A container, receptacle or apparatus designed for
the feeding of songbirds or other backyard birds.
2. FEED. To give, place, expose, deposit, distribute or scatter any
edible material which can be utilized for consumption by wild
animals. Feeding does not include legal baiting for the legal
taking of fish and/or game.
3. PERSON. Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to
municipal jurisdiction.
4. WATERFOWL. Wildfowl of the order Anseriformes, especially
members of the family Anatidae which includes any bird that
swims, frequents the water, or lives about rivers, lakes, or
other bodies of water, including but not limited to ducks,
geese, swan and gulls.
5. WILD ANIMAL. Any animal, which is usually not a domestic animal
and which can normally be found in the wild state, with or
without mean or vicious propensities, including, but not limited
to, coyotes, deer, leopards, panthers or other feral cats,
bears, wolves, foxes, groundhogs, squirrels, chipmunks, mice,
rats, rabbits, opossums, raccoons, skunks, and waterfowl.
3. Prohibitions:
1. No person shall purposely or knowingly, feed or in any manner
provide access to food to any wild animal or waterfowl within
the corporate limits of the City, on lands either publicly or
privately owned. Feeding does not include baiting in the legal
taking of fish and/or game.
2. Feeding of songbirds and other backyard birds, not including
waterfowl, shall be permitted outdoors at such times and in such
a manner that:
1. The feeding does not create an unreasonable disturbance with
wildlife;
2. Any feed must be placed within a bird feeder with a maximum
volume of not more than one cubic foot, placed at least four
feet above ground;
3. Bird feeders are placed where wildlife other than songbirds
and backyard birds are unable to eat from them and do not
become an attractant for wild animals.
4. PENALTY: Any person violating any of the provisions of this section
shall, upon conviction thereof, be punished as provided in Section
1-108.\
\
::: phx-docs
HISTORY\
*Adopted by Ord.
[1014.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1014.22.pdf){.k-link
target="_blank" style="color:#0000EE"} on 7/18/2022\
*
:::
::: phx-name
[ARTICLE 4-1B REGISTRATION AND VACCINATION OF
ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1B_REGISTRATION_AND_VACCINATION_OF_ANIMALS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 4-121 Rabies Vaccination Required; Certificate Of Vaccination;
Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-121_Rabies_Vaccination_Required;_Certificate_Of_Vaccination;_Tags){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-122 Registration Of Animal
Pets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-122_Registration_Of_Animal_Pets){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-123
Register](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-123_Register){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-124 Tag Placed On Collar; Lost Tags; Counterfeit
Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-124_Tag_Placed_On_Collar;_Lost_Tags;_Counterfeit_Tags){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 4-121 Rabies Vaccination Required; Certificate Of Vaccination;
Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-121_Rabies_Vaccination_Required;_Certificate_Of_Vaccination;_Tags){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall own, keep or harbor any dog or cat within the city
limits unless such dog or cat four months of age or older is
vaccinated for rabies.
2. Unless the owner of any dog or cat furnishes written proof that the
dog or cat has been vaccinated for rabies by a licensed veterinarian
in the past 12 months, the owner shall be guilty of an offense.
3. Inoculation must be by or under the supervision of a person licensed
to practice veterinary medicine in the state or other states.
4. Inoculation must be with a vaccine approved by the United States
Department of Agriculture to prevent rabies. Rabies vaccine
currently licensed by the United States Department of Agriculture
will be recognized in the city for a one year immunization period.
New vaccines which may be approved by the United States Department
of Agriculture will be recognized as complying with this chapter.
5. Ten days shall be permitted for an owner to secure revaccination of
his dog or cat after the previous time has lapsed.
6. Every veterinarian, after vaccinating a dog or cat for rabies, shall
issue a legible certificate, one copy to be retained by the
veterinarian and one copy to be retained by the animal owner, who,
upon request, shall show the certificate to the city. Such
certification shall include the following information:
1. Owner\'s full name, address, zip code and telephone number;
2. Breed, date of birth, sex and color or marking of the dog or
cat;
3. Type of vaccine and duration of immunity;
4. Signature of the veterinarian or other authorized person
administering the vaccination; and
5. Name of the animal, if applicable.
7. When a veterinarian vaccinates a dog or cat against rabies, he shall
issue to the owner of such dog or cat a metal tag or certificate
evidencing such vaccination and the year of vaccination.
8. It shall be the duty of the owner of the dog or cat to attach the
tag or certificate issued to him pursuant to subsection (G) of this
section to the dog or cat and it shall be unlawful for any person to
remove such tag or certificate without the owner\'s consent.
9. No person shall provide a facsimile or deface or change the tag or
vaccination certificate issued in any way which shall make or cause
the tag to appear valid for a longer period of time than originally
intended.
10. A tag or rabies vaccination certificate shall not be transferred
from the dog or cat for which it was issued to any other dog or cat.
**State Law reference**--- City\'s power to regulate dogs, 11 O.S. §
22-115.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-122 Registration Of Animal
Pets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-122_Registration_Of_Animal_Pets){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person owning or harboring within the city any dog, cat, or ferret
over the age of four months shall pay an annual tax in such sums as set
by the council by motion or resolution for each male or spayed female,
and for each unspayed female, owned or harbored. The license shall
become due and payable annually with documentation of current rabies
vaccination. The animal control shelter or his designee shall issue his
receipt to the payee, which shall show the date and the amount of the
payment, the age as stated by the owner, and the kind, size, color and
breed of the dog or cat. The pet tax receipt as herein provided shall
operate as a license to own, keep or harbor the dog or cat. No such
license shall be issued until the provisions of this chapter relating to
vaccination shall have been complied with and certified to the clerk.
This section shall not apply to animals kept by licensed veterinarians
or in veterinary clinics in the city.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-123
Register](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-123_Register){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is the duty of the animal control officer of the city to keep a
register of all pet animal licenses in the city pursuant to the
provisions of this article. Such register shall show the date of the
issuance of the license, its date of expiration, the name of the owner
or the person in whose name the license is issued and shall designate
the sex of the pet animal and as nearly as possible the kind, age, size,
color and breed of the animal pet. The register shall also show the date
of the vaccination and by whom vaccinated.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-124 Tag Placed On Collar; Lost Tags; Counterfeit
Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-124_Tag_Placed_On_Collar;_Lost_Tags;_Counterfeit_Tags){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The owner of a dog shall cause the tag received from the city to be
affixed to the collar of the dog upon which the tax has been paid so
that the tag can easily be seen by officers of the city. The owner
shall see that the tag is so worn by the dog at all times. The owner
of a cat shall not be required to place the tag on a cat.
2. If the tag is lost before the end of the year for which it was
issued, the owner may secure another for the animal by applying to
the animal shelter, presenting to him the original receipt and
paying a fee as set by the council.
3. No person shall counterfeit or attempt to counterfeit any tag issued
for a dog or cat as provided herein, or take from any dog a tag
legally placed upon it, or place such tag upon a dog for which the
tag was not specifically issued.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[ARTICLE 4-1C IMPOUNDMENT
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1C_IMPOUNDMENT_REGULATIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 4-131 Impoundment Record, Disposition Of
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-131_Impoundment_Record,_Disposition_Of_Animals){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-132 Breaking Open Shelter; Or Interfering With
Officers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-132_Breaking_Open_Shelter;_Or_Interfering_With_Officers){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-133 Animal Shelter
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-133_Animal_Shelter_Fees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-134 Redemption Of
Animal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-134_Redemption_Of_Animal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-135 Disposition Of Impounded
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-135_Disposition_Of_Impounded_Animals){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 4-131 Impoundment Record, Disposition Of
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-131_Impoundment_Record,_Disposition_Of_Animals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city may contract with an outside agency to serve as the city\'s
animal shelter or pound to provide for the impoundment of animals
pursuant to this chapter.
2. Any animal kept as a house pet found running at large shall be
picked up and immediately impounded in the animal shelter and there
confined in a humane manner.
3. The city animal control officer, upon receiving an animal for
impoundment which has been registered in accordance with this
chapter, shall record or cause to be recorded the description,
breed, color and sex of the animal and the name and address of the
owner as may be shown on applicable city animal control records. If
the owner is known, the officer shall:
1. Notify the owner at the address shown on city records; or
2. Leave a notice with a member of the owner\'s family, or other
person residing at the owner\'s home, as shown in the city\'s
records, over the age of 15 years, to notify the owner that
unless reclaimed within five days after impoundment, Sundays and
city holidays excluded, the animal will be destroyed or
otherwise disposed of.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-132 Breaking Open Shelter; Or Interfering With
Officers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-132_Breaking_Open_Shelter;_Or_Interfering_With_Officers){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. If any person breaks open, or in any manner directly or indirectly
aids in, or counsels or advises the breaking open of any city
shelter or contract shelter, or hinders, delays or obstructs any
person duly authorized in taking up or taking to the city shelter
any animal liable to be impounded, he shall be guilty of an offense.
2. No person shall interfere with, or hinder, or molest any agent of
the city in the performance of any duty of such agent, or seek to
release any animal in the custody of the city or its agents, except
as provided by law.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-133 Animal Shelter
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-133_Animal_Shelter_Fees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Fees for impounding and keeping an animal, to be paid upon
redemption, are as set by the city council by motion or resolution.
In computing a fee, a fraction of a day during which an animal or
fowl has been fed shall be deemed a full day.
2. Any person redeeming an impounded animal or fowl shall pay the fees
to the person in charge of the animal shelter before the latter
releases the animal or fowl.
3. Any person redeeming a dog or any other animal or fowl not licensed
as required by this Code shall pay the required license tax to the
animal shelter and secure a tag or other evidence of such payment
and present the tag or receipt therefor to the person in charge of
the animal shelter before the latter releases the animal or fowl. If
the animal or fowl has been licensed but is not wearing the tag, the
person in charge of the animal shelter shall require adequate
evidence of the proper licensing of the animal or fowl before
releasing it.
4. Any dog not vaccinated against rabies being held or impounded by the
city shall not be released to the owner or any other person without
proof of current vaccination against rabies or without paying a
deposit in such sum as is set by the city, which deposit shall be
refunded to the person putting up the same upon proof of current
vaccination being shown to the animal control officer within 72
hours of the release of the animal. If such proof is not presented,
then the animal control officer may retake the animal into custody
and deposit the deposit with the city treasurer to be retained as
expenses of taking the animal into custody.
5. In addition to the above fees, any person leaving an animal with the
shelter shall pay a fee as set by the council.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-134 Redemption Of
Animal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-134_Redemption_Of_Animal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
An owner of an impounded animal or his agent may redeem the animal prior
to its sale or destruction as provided for herein by paying the required
fees against the animal and meeting any other requirements which may be
prescribed in this chapter. If the owner or his agent has not redeemed
the animal within the first five days after the impoundment of the
animal, excluding Sundays and holidays, the animal may be otherwise
disposed of as provided for herein.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-135 Disposition Of Impounded
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-135_Disposition_Of_Impounded_Animals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Dogs and cats may be released from the animal shelter for adoption
if the owner of the animal has not claimed the animal within the
time specified in this chapter and paid all fees required to secure
its release. If the animal has not been surgically spayed or
neutered, the adopting person shall pay a fee, as established by the
fee schedule, for the spaying or neutering of the animal prior to
adoption. The city may enter into agreements with private releasing
agencies for the purpose of arranging animal adoptions. If the
animal to be released is placed with a private releasing agency
prior to final adoption, and the releasing agency requires
sterilization prior to final adoption, the private releasing agency
shall not be required to make a sterilization deposit.
2. Any animal for which the owner is known and notice has been provided
in this chapter, or for which the owner is unknown or cannot be
ascertained by the animal control officer, shall be destroyed after
the lapse of five days if not adopted as provided in this section.
3. The proceeds of any animal adopted shall be deposited with the city
treasurer. The individual adopting an animal through the procedure
provided for in this section shall acquire absolute title to the
animal adopted.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[ARTICLE 4-1D CRUELTY TO
ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1D_CRUELTY_TO_ANIMALS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 4-141 Cruelty To
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-141_Cruelty_To_Animals){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-142 Poisoning
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-142_Poisoning_Animals){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-143 Encouraging Animals To
Fight](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-143_Encouraging_Animals_To_Fight){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-144 Keeping Of Animals; Mistreatment,
Abandonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-144_Keeping_Of_Animals;_Mistreatment,_Abandonment){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 4-141 Cruelty To
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-141_Cruelty_To_Animals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person, willfully and maliciously, to pour on, or
apply to, any animal any drug or other thing which will inflict pain on
the animal; or to knowingly treat an animal in a cruel or inhumane
manner; or to knowingly neglect an animal belonging to him or in his
custody in a cruel or inhumane manner.
**State Law reference**--- Similar provisions, 21 O.S. § 1685.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-142 Poisoning
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-142_Poisoning_Animals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall feed or place so as to constitute a direct or obvious
hazard to man or animal or shall offer or tempt any dog or pet animal
with any liquid, meat or food product which shall:
1. Cause prostration, convulsion, pain or suffering as a prelude to
death;
2. Cause death;
3. Be proven to be toxic or lethal in the amount present to any man or
domestic animal by competent medical or veterinary authority.
**State Law reference**--- Similar provisions, 21 O.S. § 1681.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-143 Encouraging Animals To
Fight](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-143_Encouraging_Animals_To_Fight){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to instigate or encourage a fight between
animals or to encourage one animal to attack, pursue or annoy another
animal except a noxious, nondomesticated animal, or to keep a house, pit
or other place used for fights between animals.
**State Law reference**--- Similar provisions, 21 O.S. § 1696.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-144 Keeping Of Animals; Mistreatment,
Abandonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-144_Keeping_Of_Animals;_Mistreatment,_Abandonment){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All dogs, cats and other animals kept as house pets within the city
limits shall be housed, fed and protected from the weather in such a
manner as not to create a nuisance.
2. No person shall willfully or maliciously:
1. Torture, cruelly beat, injure, maim, mutilate or unjustly
destroy or kill any animal belonging to himself or to another;
2. Deprive any animal of food, drink or shelter or leave it
confined without adequate shelter for more than 15 minutes at a
time exposed to inclement weather. Inclement weather shall be
defined as less than 32 degrees Fahrenheit or greater than 90
degrees Fahrenheit;
3. Unjustly administer any poison or noxious drug or substance to
any animal;
4. Unjustly expose any drug or substance with the intent that the
same shall be taken by an animal, whether such animal is the
property of that owner or another person;
5. Cause any other person to do any of the above acts; or
6. Abandon an animal on any private or public property in the city,
including at the animal control shelter when no employees are
present to receive the animal.
3. If an animal is found by the animal control officer to be in one of
the above-described conditions, the officer may issue a citation to
the offender and shall issue a notice to the offender warning him
that if the animal\'s condition is not improved, another citation
may be issued.
4. If within three days the condition of the animal is not improved to
the satisfaction of the animal control officer, a citation shall be
issued.
5. No dogs, cats or other animals shall be confined within or on a
motor vehicle under such conditions as may endanger the health or
well-being of the animal, including, but not limited to, dangerous
temperatures, or lack of food or water.
6. Owners and keepers of dogs, cats and other animals shall provide
food, shelter and medical attention to such animals, including, but
not limited to, the following:
1. Sufficient wholesome food that is nutritious for the species;
2. Fresh, potable drinking water;
3. Medical attention to relieve such animals from suffering;
4. Shelter to allow the animal to remain dry and protected from the
elements. Such shelter shall be fully enclosed on three sides,
roofed and have a solid floor. The entrance to the shelter shall
be flexible to allow the animal\'s entry and exit, and sturdy
enough to block entry of wind or rain. The shelter shall be
small enough to retain the animal\'s body heat and large enough
to allow the animal to stand and turn comfortably. The enclosure
shall be structurally sound and in good repair. Bedding shall be
provided; and
5. Any animal kept on a chain or rope shall be placed so that it
cannot become entangled with the restraints of other animals or
with any other objects. The chain or rope shall be of sufficient
length to allow the animal complete access to shelter at all
times. The chain shall be attached in a manner so as not to
cause injury or discomfort to the animal. In the case of dogs,
the chain or rope shall be at least three times the length of
the dog as measured from the tip of the nose to the base of the
tail.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[ARTICLE 4-1E RABIES AND ANIMAL
BITES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1E_RABIES_AND_ANIMAL_BITES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 4-161 Animal Bites; Rabies Examination;
Quarantine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-161_Animal_Bites;_Rabies_Examination;_Quarantine){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-162 Rabies Diagnoses; Quarantine Of City; Time
Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-162_Rabies_Diagnoses;_Quarantine_Of_City;_Time_Limit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-163 Killing Or Removing Rabid Animal
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-163_Killing_Or_Removing_Rabid_Animal_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-164 Reports Of Bite Cases; Report By
Veterinarian](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-164_Reports_Of_Bite_Cases;_Report_By_Veterinarian){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-165 Investigations For Violation Of
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-165_Investigations_For_Violation_Of_Chapter){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-166
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-166_Records){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 4-161 Animal Bites; Rabies Examination;
Quarantine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-161_Animal_Bites;_Rabies_Examination;_Quarantine){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every animal that bites or scratches a person shall be reported
within immediately to the animal control officer and shall thereupon
be securely quarantined at a veterinarian hospital for a period of
ten days from the date the person was bitten, and shall not be
released from such quarantine except by permission of the animal
control officer of the city and the veterinarian in charge of the
quarantined animal. Such quarantine may be at any veterinarian
hospital chosen by the owner. Failure of the owner or keeper to
quarantine his animal within the four-hour period herein will make
him guilty of an offense.
2. The owner, upon demand by any city officer or animal control
officer, shall surrender any animal that has bitten or scratched a
human, or which is suspected as having been exposed to rabies, for
supervised quarantine testing or euthanasia, the expense for which
shall be borne by the owner; and the animal may be reclaimed by the
owner if adjudged free of rabies.
3. In addition to powers granted by this section and section 4-165, the
animal control officer may impound in the animal shelter or a
veterinary hospital at the owner\'s expense any animal, whether on
public or private property, which has bitten or scratched pursuant
to this chapter.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-162 Rabies Diagnoses; Quarantine Of City; Time
Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-162_Rabies_Diagnoses;_Quarantine_Of_City;_Time_Limit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. When an animal under quarantine has been diagnosed as being rabid,
or suspected by a licensed veterinarian as being rabid, and dies
while under such observation, the animal control officer or
veterinarian shall immediately send the head of such animal to the
state health department for pathological examination, and shall
notify the proper public health officer of reports of human contacts
and diagnosis made of the suspected animal.
2. When a report shows a positive diagnosis of rabies, the city manager
or the city manager\'s designee, under advisement from the state
health department and animal control authority of the city, may
recommend a citywide quarantine for a period of six months; and upon
the invoking of such quarantine, no animal shall be taken into the
streets or permitted to be in the streets during such period of
quarantine. During such quarantine, no animal shall be taken or
shipped from the city without written permission of the city manager
or the city manager\'s designee.
3. During such period of rabies quarantine as herein designated, every
animal bitten by an animal adjudged to be rabid shall be treated for
such rabies infection by a licensed veterinarian, and be held under
six months quarantine by the owner in the same manner as other
animals are quarantined.
4. In the event there are additional positive cases of rabies occurring
during the period of quarantine, such period of quarantine may be
extended for an additional six months.
5. The regulations of the state department of health, and all
amendments thereto, relating to quarantine and rabies are adopted
herein by reference.
**State Law reference**--- State quarantine of animals, 63 O.S. § 1-508.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-163 Killing Or Removing Rabid Animal
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-163_Killing_Or_Removing_Rabid_Animal_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall kill or cause to be killed any rabid animal, any
animal suspected of having been exposed to rabies, or any animal
biting or scratching a human, except as herein provided, nor to
remove the animal from the city limits without written permission
from the health officer of the city, or the animal control officer.
2. The carcass of any dead animal exposed to rabies shall, upon demand,
be surrendered to the animal control officer.
3. The animal control officer shall direct the disposition of any
animal found to be infected with rabies.
4. No person shall fail or refuse to surrender any animal for
quarantine or destruction as required herein when demand is made
therefor by an employee empowered to enforce this chapter. Such
refusal shall be deemed an offense.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-164 Reports Of Bite Cases; Report By
Veterinarian](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-164_Reports_Of_Bite_Cases;_Report_By_Veterinarian){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is the duty of every physician, veterinarian or other
practitioner to report to the animal control officer the names and
addresses of persons treated for bites inflicted by animals,
together with such other information as will be helpful in rabies
control.
2. It is the duty of every licensed veterinarian to report to the
animal control officer his diagnosis of any animal observed by him
to be a rabid suspect.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-165 Investigations For Violation Of
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-165_Investigations_For_Violation_Of_Chapter){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. For the purpose of discharging the duties imposed by this chapter
and to enforce its provisions, the animal control or health officers
are empowered to call upon the residents of any premises upon which
a dog or cat or small animal is kept or harbored, and to demand the
exhibition by the owner of such dog or cat or small animal.
2. The animal control officer, in the manner authorized by law, may
enter the premises where any animal is kept in a reportedly cruel or
inhumane manner and demand to examine such animal, and to take
possession of such animal when, in his opinion, it requires humane
treatment. The officer may demand, at the front door of any
residence, exhibition by the owner of current animal licenses at any
time.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-166
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-166_Records){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The animal control officer shall keep or cause to be kept:
1. An accurate and detailed record of the licensing, impounding and
disposition of all animals coming into his custody; and
2. An accurate and detailed record of all bite cases reported to the
city, with a complete report of the investigation of each case.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[ARTICLE 4-1F VICIOUS
ANIMALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1F_VICIOUS_ANIMALS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 4-171 Court Proceedings Against Vicious
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-171_Court_Proceedings_Against_Vicious_Animals){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-172 Duty To Register Incoming Vicious
Canines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-172_Duty_To_Register_Incoming_Vicious_Canines){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-173 Owner\'s
Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-173_Owner's_Responsibility){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-174 Actions On Failure To
Comply](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-174_Actions_On_Failure_To_Comply){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-175 Exemptions For Canines That Are
Provoked](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-175_Exemptions_For_Canines_That_Are_Provoked){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-176 Affidavit Of
Complaint](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-176_Affidavit_Of_Complaint){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 4-177 Determination
Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-177_Determination_Hearing){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 4-171 Court Proceedings Against Vicious
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-171_Court_Proceedings_Against_Vicious_Animals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The owner or keeper of any animal alleged to be vicious or in violation
of this chapter may be charged in municipal court after a complaint has
been duly filed therein by any person having knowledge thereof. If the
court finds that the animal is a vicious animal as defined this article,
the court shall order that the animal be confiscated and destroyed or
confiscated until the owner or keeper complies with the provisions of
this article within 30 working days of the judgement. The judge may
additionally order that the owner or keeper comply with other preventive
measures. A preventive measure shall not include the animal being
removed from the city limits. The animal will be held at the animal
shelter until such time as the owner or keeper reaches compliance.
Should the owner or keeper fail to comply by the designated date, the
owner or keeper, after paying a fee as established in the fee schedule,
shall relinquish ownership or custody of the animal to the animal
shelter and said animal will be destroyed.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-172 Duty To Register Incoming Vicious
Canines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-172_Duty_To_Register_Incoming_Vicious_Canines){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If any canine that has previously been deemed vicious from another
jurisdiction enters the City of Moore, the owner of such canine shall
abide by the same criteria and responsibilities as if the canine was
deemed vicious by the City of Moore and shall within ten days of
entering the city, notify animal control of the canines presence.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-173 Owner\'s
Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-173_Owner's_Responsibility){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
While on the owner\'s property, the canine must be securely confined
indoors or, while outside, in a securely enclosed and locked pen or
structure suitable to prevent entry and designed to prevent the animal
from escaping. Such an enclosure must have minimum dimensions of five
feet by ten feet and must be at least six feet high. Such enclosure must
have secure sides and a secure top. If it has no bottom secured to the
sides, the sides must be embedded into the ground no less than two feet.
The enclosure must also provide protection from the elements for the
canine. Structures are subject to annual inspection.
The canine shall not be kept on a porch, patio or in any part of a house
or structure that would allow the dog to exit such building on its own
volition. In addition, the canine shall not be kept in a house or
structure when the windows are open or when screen windows or screen
doors are the only obstacle preventing the dog from exiting the
structure.
The canine may be off the owner\'s premises if it is muzzled and
restrained by a substantial chain or leash not exceeding six feet in
length and under the control of a responsible person.
The owner of the canine shall within 30 days of determination; display
in a prominent place on his premises a sign easily readable by the
public using the words \"Beware of Dog.\" In addition, a similar sign is
required to be posted on the pen or structure of the canine.
The owner of the canine determined to be a vicious canine shall within
30 days of determination register the canine with the animal control
officer. Registration shall be updated annually. Registration must be
accompanied by the following:
1. Two color photographs of the canine clearly showing the color and
approximate size of the canine;
2. The fees required for a dog license as set forth in this chapter, or
evidence of the fees having been paid; and
3. An additional fee as set by the council for each vicious canine.
The owner of any canine determined to be vicious shall notify the animal
control officer immediately within 24 hours if a dangerous animal or
canine subject to registration as provided in this order is loose,
unconfined, has attacked another animal or livestock or has attacked a
human being, or has died.
Any canine declared vicious shall be spayed or neutered with 30 days of
such findings unless a duly licensed veterinarian provide documents to
the municipal court or animal control that medical conditions of the dog
contradict sterilization. Such sterilization shall require removal of
the reproductive organs. Verification that sterilization has taken place
shall be presented to the municipal court or animal control by the
licensed practicing veterinarian performing the procedure.
Any canine declared vicious shall receive an identification microchip
implant within 30 days of the determination. The microchip used must be
implanted by licensed veterinarian. It shall be a violation of the code
for a microchip to be removed unless it is for a medical reason and then
only by a licensed practicing veterinarian. The animal control must be
notified immediately of said removal.
The owner of any canine determined to be vicious shall obtain a policy
of liability insurance, such as homeowner\'s insurance, or surety bond,
issued by an insurer qualified under Title 36 of the Oklahoma Statutes
in an amount not less than \$100,000.00 insuring the owner for any
personal injuries inflicted by the vicious canine. The owner shall
provide proof of liability insurance to the Animal Control Department of
the City of Moore and shall provide updated coverage annually for as
long as the canine is within the city limits. Failure to provide and
maintain said insurance shall result in impoundment of the canine and
possible euthanasia.
::: phx-docs
HISTORY\
*Amended by Ord.
[821(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601747214_Ordinance%20No.%20821%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/16/2016\
Amended by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-174 Actions On Failure To
Comply](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-174_Actions_On_Failure_To_Comply){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any owner of a canine that fails to comply with the responsibilities set
forth in section 4-173 above shall, upon conviction in court, be
punished as provided in section 1-108. In addition to the fine imposed,
the court may sentence the defendant to imprisonment for a period not to
exceed ten days and canine may be impounded and destroyed.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-175 Exemptions For Canines That Are
Provoked](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-175_Exemptions_For_Canines_That_Are_Provoked){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No canine may be declared vicious if the threat, injury or damage was
initiated by a person who, at the time, was committing a willful
trespass or other tort upon the premises occupied by the owner or keeper
of the canine, or was teasing, tormenting, abusing or assaulting the
canine, or has, in the past, been observed or reported to have teased,
tormented, abused or assaulted the canine or was committing or
attempting to commit a crime.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-176 Affidavit Of
Complaint](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-176_Affidavit_Of_Complaint){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Upon receipt of an \"Affidavit of Complaint\" signed by one or more
residents of the city made under oath before an individual authorized by
law to take sworn statements, setting forth the nature and the date of
the act, the owner of the canine, the address of the owner and the
description of the canine doing such act, the animal control officer
shall investigate the complaint to determine if in fact the animal is
vicious. If after investigation, the animal control officer determines
the animal may be vicious, a citation shall be issued for a
determination hearing and the animal control officer shall take
possession of the alleged vicious animal for immediate impound. The
owner or keeper of the alleged vicious animal may make arrangements to
house the animal at a licensed veterinarian facility at the
owner/keepers expense.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[Sec 4-177 Determination
Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-177_Determination_Hearing){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A determination hearing shall be conducted by the municipal judge
whenever there is cause to believe that a dog may be a vicious
canine. The hearing shall be conducted within ten days of serving
notice to the owner either by delivering a copy of the notice or
summons personally to the owner of the canine or by leaving copies
thereof at the owners dwelling house or usual place of abode with
some person then residing therein who is 15 years of age or older or
by certified mail and may be held in conjunction with any criminal
proceedings if so ordered by the municipal judge. In no event shall
there be a delay of more than ten days in conducting the hearing on
determination of viciousness.
2. Pending the outcome of the hearing, the canine must be securely
confined in a humane manner at the animal control shelter or with a
licensed veterinarian.
3. The municipal judge shall determine whether to declare the canine to
be a vicious canine based upon evidence and testimony presented at
the time of the hearing by the owner, witnesses to any incident
which may be considered germane to such a determination, animal
control personnel, police or any other person possessing information
pertinent to such determination.
4. The judge shall issue written findings within five days after the
determination hearing. The owner has the right to appeal the
decision to the district court.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: phx-name
[ARTICLE 4-1G
PENALTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_4-1G_PENALTY){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 4-181
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-181_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 4-181
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_4-181_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In addition to other remedies provided in this chapter, any person
violating any of the provisions of this chapter shall, upon conviction
thereof, be punished as provided in section 1-108.
::: phx-docs
HISTORY\
*Adopted by Ord.
[944(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349364_944%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2020\
*
:::
::: {.phx-name .phx-break}
[PART 5 BUILDING REGULATIONS AND
CODES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_5_BUILDING_REGULATIONS_AND_CODES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[CHAPTER 5-1 LICENSES AND FEES, PERMITS, BOND AND
INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-1_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 5-2 BUILDING CODE AND
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-2_BUILDING_CODE_AND_REGULATIONS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 5-3 PLUMBING CODE AND
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-3_PLUMBING_CODE_AND_REGULATIONS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 5-4 ELECTRIC
CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-4_ELECTRIC_CODE){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 5-5 MECHANICAL
CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-5_MECHANICAL_CODE){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 5-6 GAS CODE AND
PIPELINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-6_GAS_CODE_AND_PIPELINES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 5-7 FAIR
HOUSING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-7_FAIR_HOUSING){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 5-8 OUTDOOR LIGHT
FIXTURES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-8_OUTDOOR_LIGHT_FIXTURES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 5-9 FUEL GAS
CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-9_FUEL_GAS_CODE){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 5-10 ROOFING
CONTRACTORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-10_ROOFING_CONTRACTORS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 5-11 STORM
SHELTERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-11_STORM_SHELTERS){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- General authority to regulate buildings, 11
O.S. § 21-101.\
::: phx-name
[CHAPTER 5-1 LICENSES AND FEES, PERMITS, BOND AND
INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-1_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 5-1A LICENSES AND FEES, PERMITS, BOND AND
INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1A_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 5-1B PERMITS AND
INSPECTIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1B_PERMITS_AND_INSPECTIONS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 5-1C OTHER
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1C_OTHER_REGULATIONS){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 5-1A LICENSES AND FEES, PERMITS, BOND AND
INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1A_LICENSES_AND_FEES,_PERMITS,_BOND_AND_INSURANCE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-101 License Required For Contractors And
Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-101_License_Required_For_Contractors_And_Journeymen){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-102 Fees
Specified](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-102_Fees_Specified){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-103 Term Of Initial
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-103_Term_Of_Initial_License){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-104 Licensee Prohibited From Engaging In Activities Beyond Scope
Of License And
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-104_Licensee_Prohibited_From_Engaging_In_Activities_Beyond_Scope_Of_License_And_Restrictions){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-101 License Required For Contractors And
Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-101_License_Required_For_Contractors_And_Journeymen){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All contractors, journeymen and apprentices whose activities are
regulated by any of the city\'s building, electrical, plumbing and
mechanical codes in this part are hereby required to obtain a license or
registration certificate from the city before engaging in regulated
activities.
(Code 1999, § 5-101)
::: phx-name
[Sec 5-102 Fees
Specified](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-102_Fees_Specified){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The fees for the registration certificates required shall be as set
forth in the fee schedule and may be amended from time to time by motion
or resolution of the council.
(Code 1999, § 5-102)
::: phx-name
[Sec 5-103 Term Of Initial
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-103_Term_Of_Initial_License){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The initial license or registration issued as provided for herein shall
be for a term of one year.
(Code 1999, § 5-103)
::: phx-name
[Sec 5-104 Licensee Prohibited From Engaging In Activities Beyond Scope
Of License And
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-104_Licensee_Prohibited_From_Engaging_In_Activities_Beyond_Scope_Of_License_And_Restrictions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No licensee shall engage in regulated activities beyond the scope of the
license or registration together with any restrictions placed thereon
issued to the licensee.
(Code 1999, § 5-104)
::: phx-name
[ARTICLE 5-1B PERMITS AND
INSPECTIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1B_PERMITS_AND_INSPECTIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-111 Building
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-111_Building_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-112 Expiration Of
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-112_Expiration_Of_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-113 Plumbing, Electrical, Mechanical And Other
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-113_Plumbing,_Electrical,_Mechanical_And_Other_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-114 Applicability Of Permit Requirements To Federal And State
Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-114_Applicability_Of_Permit_Requirements_To_Federal_And_State_Agencies){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-115 Schedule Of Permit And Inspection
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-115_Schedule_Of_Permit_And_Inspection_Fees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-116 Prepayment For Fees
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-116_Prepayment_For_Fees_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-117 Plans,
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-117_Plans,_Application){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-118 Display Of
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-118_Display_Of_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-119
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-119_Revocation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-120 Exceptions From Permit
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-120_Exceptions_From_Permit_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-111 Building
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-111_Building_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whenever any building, structure, facility, or other appurtenances, is
to be erected, constructed, altered, enlarged, improved, moved or
removed, as provided in the city\'s building code, a building permit
shall be obtained from the city.
(Prior Code, § 5-66; Code 1999, § 5-121)
::: phx-name
[Sec 5-112 Expiration Of
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-112_Expiration_Of_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If the work described in any permit has not begun within 180 days from
the date of issuance thereof, the permit shall be cancelled by the
building official; and written notice thereof shall be given to the
persons affected. A new permit must be obtained and the regular fee
shall be collected.
(Prior Code, § 5-66, in part; Code 1999, § 5-122)
::: phx-name
[Sec 5-113 Plumbing, Electrical, Mechanical And Other
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-113_Plumbing,_Electrical,_Mechanical_And_Other_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Permits for plumbing, electrical or mechanical work, or other permits as
required and as defined by this Code, shall be obtained in accordance
with the terms of the respective city plumbing, electrical and
mechanical codes.
(Prior Code, § 5-66, in part; Code 1999, § 5-123)
::: phx-name
[Sec 5-114 Applicability Of Permit Requirements To Federal And State
Agencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-114_Applicability_Of_Permit_Requirements_To_Federal_And_State_Agencies){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The permit requirements of the codes adopted by this part shall be
applicable to agencies of the federal government, the state and
subdivisions of the state. All fees prescribed for such permits shall be
waived in such cases.
(Code 1999, § 5-124)
::: phx-name
[Sec 5-115 Schedule Of Permit And Inspection
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-115_Schedule_Of_Permit_And_Inspection_Fees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Before any permit shall be issued or any inspection shall be made, as
required by the city building or technical codes, the recipient of the
permit shall pay a fee in accordance with the schedules adopted by the
city council by motion or resolution. A copy of the schedules shall be
on file in the office of the city clerk. All references to inspection
fees in the technical codes adopted by the city are deleted when
replaced by a fee in the fee schedule.
(Prior Code, § 5-68, in part; Code 1999, § 5-125)
::: phx-name
[Sec 5-116 Prepayment For Fees
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-116_Prepayment_For_Fees_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All plumbers, electricians, and mechanical contractors shall prepay all
inspection fees prior to the time the work begins or shall deposit with
the city treasurer a sum which shall be retained by the city treasurer,
interest free, to be used to pay for inspection fees charged to such
licensee for inspections made at the request of such licensee. A minimum
opening balance for deposits shall be as established by resolution. No
permit shall be issued or no inspection made if the contractor\'s
prepaid account does not have a sufficient balance to cover the cost of
the requested inspection.
(Prior Code, §§ 5-1, 5-2; Code 1999, § 5-126; Ord. No. 99(94),
11-7-1994)
::: phx-name
[Sec 5-117 Plans,
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-117_Plans,_Application){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The applicant for permits shall file with the building department
two complete sets of plans and specifications at the time of
application for such permit or as otherwise required by the city.
Three complete sets are required for a restaurant.
2. All approved plans shall be stamped with an approval stamp. One set
of plans for buildings so approved shall become a part of the file
of the city and an approved set of plans shall be kept upon the site
of the construction of the building. No plans shall be approved that
are not in compliance with the ordinances of the city.
3. All plans and drawings submitted shall be to scale and provide the
information on the form required by the city.
4. It is unlawful to erase, alter or modify any plans bearing the
approval of the city without the consent of the city.
5. Amendments to applications, plans and detail drawings may be made
and the city may approve them provided the applications, plans and
detail drawings, when so amended, shall be in conformity with the
provisions of the official building codes, and the requirements of
the city in relation thereto.
6. Approval of plans shall not relieve the owner or his agent of
responsibility in complying with this article and the fact that any
such approved plans contain matter contrary to the provisions of
this Code shall not be held as a bar to its strict enforcement.
(Prior Code, §§ 5-55---5-57; Code 1999, § 5-127)
::: phx-name
[Sec 5-118 Display Of
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-118_Display_Of_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Permits issued shall be numbered and a corresponding number shall be
given to an identification card which shall be posted in a
conspicuous place on the face of the structure to be constructed,
altered, enlarged, repaired or removed, at all times during the
course of work. The building official is hereby authorized to direct
the cessation of all work on property upon which such a numbered
identification card evidencing the issuance of a permit is not
posted.
2. Failure to cease work in compliance with the directions of the
building official is hereby declared to be and constitute an offense
punishable as provided in section 1-108 for each day construction is
continued in violation of such direction.
(Prior Code, § 5-68; Code 1999, § 5-128)
::: phx-name
[Sec 5-119
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-119_Revocation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If the work in or about any building or structure shall be conducted in
violation of the provisions of this Code or the official building code,
the permit issued shall be revoked. It is unlawful to continue the work
until such violations shall have been corrected to the satisfaction of
the city.
(Prior Code, § 5-69; Code 1999, § 5-129)
::: phx-name
[Sec 5-120 Exceptions From Permit
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-120_Exceptions_From_Permit_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Ordinary repairs of buildings or structures, or the plumbing drainage,
or piping thereof, the cost of which shall not exceed \$500.00, may be
made without notice to the city, but such repairs shall not be construed
to include the removal of any stone, concrete or brick wall, or any
portion thereof; the removal or cutting of any beams or supports, or the
removal, change or closing of any stairway, or opening in the exterior
wall; the alteration or removal of any house sewer, or drainage system,
or soil waste or vent pipe or water or gas service line; or repairs or
alterations of light or power wiring.
(Prior Code, § 5-55, in part; Code 1999, § 5-130)
::: phx-name
[ARTICLE 5-1C OTHER
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-1C_OTHER_REGULATIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-131 Right To Enforce And Stop
Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-131_Right_To_Enforce_And_Stop_Construction){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-132 Cases Of
Urgency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-132_Cases_Of_Urgency){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-133 Power To Make
Rulings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-133_Power_To_Make_Rulings){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-134 Power To Call Upon Police Or Fire
Department](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-134_Power_To_Call_Upon_Police_Or_Fire_Department){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-135 Power To
Enter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-135_Power_To_Enter){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-136
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-136_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-137 Relief In The
Courts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-137_Relief_In_The_Courts){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-138 Effect Of Violation By Corporate Officers And
Agents](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-138_Effect_Of_Violation_By_Corporate_Officers_And_Agents){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-139 Conviction To Be Deemed Cause For Revocation Of Licenses,
Certificates](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-139_Conviction_To_Be_Deemed_Cause_For_Revocation_Of_Licenses,_Certificates){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-131 Right To Enforce And Stop
Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-131_Right_To_Enforce_And_Stop_Construction){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The building official shall have the right to stop the construction of
any building or structure, or the alteration, repair or wrecking of the
same, if same is being done in a careless or reckless manner or in
violation of the provisions of this part.
(Prior Code, § 5-29; Code 1999, § 5-141)
::: phx-name
[Sec 5-132 Cases Of
Urgency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-132_Cases_Of_Urgency){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Decisions of the building official in cases where failure to carry out
his orders would endanger life and property shall be absolute and final.
(Prior Code, § 5-31; Code 1999, § 5-142)
::: phx-name
[Sec 5-133 Power To Make
Rulings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-133_Power_To_Make_Rulings){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The building official shall have power to make rulings and pass upon
questions relating to the use of materials and methods of construction
to make such materials and methods protective of life and property and
in conformance with the intent and purpose of this part.
(Prior Code, § 5-32; Code 1999, § 5-143)
::: phx-name
[Sec 5-134 Power To Call Upon Police Or Fire
Department](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-134_Power_To_Call_Upon_Police_Or_Fire_Department){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The building official shall have authority to call upon the police or
fire department in enforcing this part. It shall be mandatory upon any
member thereof to act in compliance with and perform such duties as the
building official may require.
(Prior Code, § 5-33; Code 1999, § 5-144)
::: phx-name
[Sec 5-135 Power To
Enter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-135_Power_To_Enter){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The building official may enter any building or structure whether
completed or in the course of construction for the purpose of making
inspections.
(Prior Code, § 5-34; Code 1999, § 5-145)
::: phx-name
[Sec 5-136
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-136_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person who shall engage in any business, trade, or vocation for
which a license, permit, certificate, or registration is required by
this part, without having a valid license, permit, certificate, or
certificate of registration as required, or who shall fail to do
anything required by this part or by any code adopted by this part, or
who shall otherwise violate any provision of this part or of any code
adopted by this part, or who shall violate any lawful regulation or
order made by any of the officers provided for in this part, shall be
guilty of an offense, and, upon conviction thereof, shall be subject to
punishment as provided in section 1-108.
(Prior Code, § 5-5; Code 1999, § 5-146)
::: phx-name
[Sec 5-137 Relief In The
Courts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-137_Relief_In_The_Courts){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No penalty imposed by and pursuant to this part shall interfere with the
right of the city also to apply to the proper courts of the state for a
mandamus, an injunction, or other appropriate action against the person
violating this part.
(Prior Code, § 5-6; Code 1999, § 5-147)
::: phx-name
[Sec 5-138 Effect Of Violation By Corporate Officers And
Agents](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-138_Effect_Of_Violation_By_Corporate_Officers_And_Agents){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Violation of any of the terms or provisions of this part by any
corporation or association shall subject the officers and agents in
charge of the business of such corporation or association to the penalty
provided in this part.
(Prior Code, § 5-7; Code 1999, § 5-148)
::: phx-name
[Sec 5-139 Conviction To Be Deemed Cause For Revocation Of Licenses,
Certificates](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-139_Conviction_To_Be_Deemed_Cause_For_Revocation_Of_Licenses,_Certificates){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Conviction under the provisions of this part shall be deemed just cause
for the revocation of any certificate or license which a person may have
or hold under the provisions of this part.
(Prior Code, § 5-8; Code 1999, § 5-149)
::: phx-name
[CHAPTER 5-2 BUILDING CODE AND
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-2_BUILDING_CODE_AND_REGULATIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 5-2A BUILDING
CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2A_BUILDING_CODE){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 5-2B MOVING AND RELOCATING
BUILDINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2B_MOVING_AND_RELOCATING_BUILDINGS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 5-2C SIGN
CONTRACTORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2C_SIGN_CONTRACTORS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 5-2D AWNINGS, CARPORTS AND PATIO
COVERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2D_AWNINGS,_CARPORTS_AND_PATIO_COVERS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 5-2E
FENCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2E_FENCES){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 5-2F SWIMMING
POOLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2F_SWIMMING_POOLS){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 5-2A BUILDING
CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2A_BUILDING_CODE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-201
Adoption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-201_Adoption){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-202
Amendments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-202_Amendments){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-203 Provisions Declared To Be Minimum
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-203_Provisions_Declared_To_Be_Minimum_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-204 Adoption Of The 2015 International Residential Code, As
Amended And Modified By The State Uniform Building Code Commission
Pursuant To 59 OS Section
1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-204_Adoption_Of_The_2015_International_Residential_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-205 Smoke Detectors Required In Apartment
Dwellings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-205_Smoke_Detectors_Required_In_Apartment_Dwellings){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-206 Adoption Of Standard Specifications For The Construction Of
Water And
Sewer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-206_Adoption_Of_Standard_Specifications_For_The_Construction_Of_Water_And_Sewer){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-207 Adoption Of Paving, Sidewalk, And Driveway
Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-207_Adoption_Of_Paving,_Sidewalk,_And_Driveway_Specifications){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-208
Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-208_Enforcement){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-209 Liquefied Petroleum Gas Code Adopted,
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-209_Liquefied_Petroleum_Gas_Code_Adopted,_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-210 Private Water Wells
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-210_Private_Water_Wells_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-211 House, Building Numbering
System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-211_House,_Building_Numbering_System){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-212 Building Standards For Construction Of Residential Dwellings
Within Tornado Damage
Area](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-212_Building_Standards_For_Construction_Of_Residential_Dwellings_Within_Tornado_Damage_Area){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-201
Adoption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-201_Adoption){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby adopted that certain code known as the International
Building Code 2015, as amended and modified by the state uniform
building code commission pursuant to 59 O.S. § 1000.23, as the building
code of the city for the control of buildings and structures as herein
provided, referred to herein as the \"building code.\" Each and all of
the regulations, provisions, penalties, conditions and terms of the
building code are hereby referred to, adopted and made a part hereof as
if fully set out in this Code, with the additions, insertions, deletions
and changes, if any, prescribed herein. Not less than one copy of this
code is on file in the office of the clerk.
(Code 1999, § 5-201; Ord. No. 533(90), 7-2-1990; Ord. No. 208(97),
10-6-1997; Ord. No. 378(02), 8-19-2002; Ord. No. 536(06), 2-21-2006;
Ord. No. 635(08), 12-15-2008)
**State Law reference**--- Adoption by reference, 11 O.S. § 14-107.
::: phx-docs
HISTORY\
*Amended by Ord.
[737(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323569_Ordinance%20No.%20737%20(13).pdf){.k-link
target="_blank" style="color:#0000EE"} on 2/4/2013\
Amended by Ord.
[856(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333738_Ordinance%20No.%20856(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 5-202
Amendments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-202_Amendments){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following additions, amendments or deletions are made to the
building code adopted herein:\
Section 101.1. Insert: The City of Moore, Oklahoma.\
Section 107.3.4.1. Insert at the end of section: Exception: Plans
for additions of less than 500 square feet to existing commercial
structures or for any commercial remodel where the structural design
of the building is not changed shall not be required to be prepared
by a registered professional architect or engineer licensed by the
state.\
Section 109.2. Refer: Those certain fees adopted by the city on
September 7, 1997, and as they may be amended from time by motion or
resolution of the city council.\
Section 113.1. Insert: \"Board of Adjustment.\"\
Delete: \"Board of Appeals.\"\
Insert: at end of second sentence: The appeals procedure shall be as
specified in article B, sections 12-123 et seq., of the city\'s
zoning ordinance.\
Section 114.4. Delete entire section and insert: Penalties shall be
set forth in section 1-108 of the City Code.\
Section 1106.8. Insert: Accessible parking spaces shall have a
painted square blue field and either a yellow or white international
symbol of access in the field and shall include a sign mounted
within the specifications labeled in the ADA Handbook 2010.
2. Building foundation regulations. In addition to the rules,
regulations, and standards set forth in the International Building
Code, as adopted herein, the following additional requirements are
adopted and made a part of the building code of the city:
1. *General*. Stress analysis for any structural element considered
by the building official to be unsafe shall be submitted for
approval.
2. *Commercial foundations*. The design of foundations for
construction other than residential shall be prepared and
certified by a professional engineer registered in the state and
approved by the city.
3. *Concrete slab floors*. All concrete slab floors shall meet the
following minimum standards:
1. All concrete slabs on grade shall be nominal four inches
think on a four-inch sand base.
2. All concrete shall be minimum 2,500 psi compressive
strength.
3. It is recommended that all concrete slabs shall be
reinforced with 66/.1010 wire mesh.
4. All slabs on grade shall be either waterproof concrete or
shall have 0.006 inch vapor barrier under slab.
5. All concrete floors shall be a minimum of eight inches above
finished grade.
(Code 1999, § 5-202; Ord. No. 533(90), 7-2-1990; Ord. No. 208(97),
10-6-1997; Ord. No. 378(02), 8-19-2002; Ord. No. 536(06), 2-21-2006;
Ord. No. 635(08), 12-15-2008)
::: phx-docs
HISTORY\
*Amended by Ord.
[737(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323569_Ordinance%20No.%20737%20(13).pdf){.k-link
target="_blank" style="color:#0000EE"} on 2/4/2013\
Amended by Ord.
[856(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333738_Ordinance%20No.%20856(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 5-203 Provisions Declared To Be Minimum
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-203_Provisions_Declared_To_Be_Minimum_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions of the building code in their interpretation and
application shall be held to be minimum requirements adopted for the
promotion of public health, safety, and general welfare. Wherever any of
the provisions or requirements of the code are inconsistent with the
provisions of this Code or state statutes presently existing or enacted
in the future, the provisions or requirements containing the most
restrictive regulation shall apply and govern.
(Code 1999, § 5-203)
::: phx-name
[Sec 5-204 Adoption Of The 2015 International Residential Code, As
Amended And Modified By The State Uniform Building Code Commission
Pursuant To 59 OS Section
1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-204_Adoption_Of_The_2015_International_Residential_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Adoption*. There is hereby adopted that certain code known as the
International Residential Code 2015, as amended and modified by the
state uniform building code commission pursuant to 59 O.S. §
1000.23, as the one- and two-family dwelling code of the city for
the control of buildings and structures as herein provided, referred
to herein as the \"residential building code.\" Each and all of the
regulations, provisions, penalties, conditions and terms of the
residential building code are hereby referred to, adopted and made a
part hereof as if fully set out in this Code, with the additions,
insertions, deletions and changes, if any, prescribed herein. Not
less than one copy of this code is on file in the office of the
clerk.
2. *Amendments*. The following sections of the dwelling code are hereby
revised as follows:\
Section 109.5. Prefabricated Construction. Insert: \[Modular
construction, manufactured housing and any other prefabricated
construction is not permitted in any zoning district within the city
limits, unless approved by the board of adjustment as provided in
section 12-125 of the City Code\].\
Section R401.1.2. Addition: Insert after first sentence: Any
foundation approved by the Federal Housing Administration (FHA)
shall be accepted.\
Section P3005.2.3. Delete and replace with: There shall be two
directional cleanouts with a backwater valve in between the two
directional cleanouts near the junction of the building drain and
building sewer. The two directional cleanouts and backwater valve
shall be outside the building wall, provided that it is brought up
to finish grade.\
Sections E3401 to E4304. Delete Sections E3401 to E4304 and replace
with the 2014 NEC as adopted by the state uniform building code
commission pursuant to 59 O.S. § 1000.23 and the city.\
Section Addition:\
Part IV Energy Construction.\
Part V Mechanical.\
Part VI Fuel Gas.\
Part VII Plumbing.\
Part VIII Electrical.
3. *Adoption of residential wind code*. The following additions are
hereby included in the residential building code for the purposes of
establishing minimum regulations governing residential construction
for high wind resistance:
1. Roof sheathing (OSB or plywood) shall be nailed with 8d ring
shank (0.131\" by 2.5\") or 10d (0.148\" by 3\") nails on
four-inch on center along the edges and six-inch on center in
the field. Dimensional lumber decking is not allowed.
2. Maximum spacing for roof framing shall be 16 inches on center.
Minimum nominal sheathing panel size shall be 7/16. Minimum wood
structural panel span rating shall be 24/16.
3. Connections for roof framing shall be designed for both
compression and tension, and may include nail plates or steel
connection plates. Connections for roof framing shall include
connections on rafters, web members, purlins, kickers, bracing
connections, and the connections to interior brace wall top
plates or ceiling joists.
4. Gable end walls shall be tied to the structure, and may include
steel connection plates or straps. The connections shall be made
at the top and bottom of the gable end wall.
5. Structural sheathing panel (OSB or plywood) shall be required
for gable end walls.
6. Hurricane clip or framing anchor shall be required on all rafter
to wall connections.
7. The upper and lower story wall sheathing shall be nailed to the
common rim board.
8. All walls shall be continuously sheathed with structural
sheathing (OSB or plywood) using the CS-WSP method. Garage doors
shall be framed using the sheathed portal frame method CS-PF. No
form of intermittent bracing shall be allowed on an outer wall.
Intermittent bracing may only be used for interior braced wall
lines.
9. Nailing of wall sheathing (OSB or plywood) shall be increased to
8d ring shank (0.131\" by 2.5\") or 10d (0.148\" by 3\") nails
on four-inch on center along the edges and six-inch on center in
the field.
10. Structural wood sheathing shall be extended to lap the sill
plate and nailed to the sill plate using a four-inch on center
along the edges. Structural wood sheathing shall be nailed to
rim board if present with 8d ring shank (0.131\" by 2.5\") or
10d (0.148\" by 3\") nails on four-inch on center along both the
top and bottom edges of the rim board.
11. Garage doors shall be rated to 135 mph wind or above.
12. Exterior wall studs shall be 16-inch on center.
4. *Building foundation regulations*. In addition to the rules,
regulations, and standards set forth in the International
Residential Code, as adopted herein, the following additional
requirements are adopted and made a part of the building code of the
city:
1. *General*. Stress analysis for any structural element considered
by the building official to be unsafe shall be submitted for
approval.
2. *Foundations and footings*. All exterior walls shall have
footings of the following minimum standards:
1. Minimum depths of concrete footings on exterior walls: 18
inches.
2. Minimum width for frame walls: ten inches.
3. Minimum width for veneer walls: 12 inches.
4. All footings shall be 3,000 psi, minimum compressive
strength concrete and reinforced with four rows, two up and
two down, with No. 5 bar top and bottom.
5. All footings shall be poured in a minimum of six inches into
undisturbed soil.
6. Where pier and grade beam type of foundation is proposed for
residential construction, design of grade beam and piers
shall be:
1. *Piers*.
1. Diameter: ten inches minimum.
2. Depth: 24 inches minimum.
3. Spacing: eight feet on center with one No. 5 bar for
full length of pier and extending into beam.
2. *Grade beam, minimum width.*
1. Frame: six inches, except that an eight-inch beam
may be flared to be covered by base trim.
2. Masonry or masonry veneer: eight inches.
3. Minimum effective depth: 14 inches; however, where
grade beam supports wood floor framing the minimum
effective depth shall be 18 inches in order to
provide required clearance under joints.
4. Reinforce with two bars at the top and bottom of the
beam as follows: frame, four No. 4 bars; and masonry
or masonry veneer, four No. 5 bars. Where grade beam
is flared at the top, reinforce with one No. 6 bar
instead of two No. 4 bars
3. *Concrete slab floors*. All concrete slab floors shall meet the
following minimum standards:
1. All concrete slabs on grade shall be nominal four inches
think on a four-inch sand base.
2. All concrete shall be minim 2,500 psi compressive strength.
3. It is recommended that all concrete slabs shall be
reinforced with 66/.1010 wire mesh.
4. All slabs on grade shall be either waterproof concrete or
shall have 0.006 inch vapor barrier under slab.
5. All concrete floors shall be a minimum of eight inches above
finished grade.
(Code 1999, § 5-204; Ord. No. 534(90), 7-2-1990; Ord. No. 201(97),
8-18-1997; Ord. No. 209(97), 10-6-1997; Ord. No. 379(02)-A, 8-19-2002;
Ord. No. 534(06), 2-21-2006; Ord. No. 633(08), 12-15-2008)
**State Law reference**--- Adoption by reference, 11 O.S. § 14-107.
::: phx-docs
HISTORY\
*Amended by Ord.
[724(12)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323047_Ordinance%20No.%20724%20(12).pdf){.k-link
target="_blank" style="color:#0000EE"} on 9/4/2012\
Amended by Ord.
[768(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324422_Ordinance%20No.%20768%20(14).pdf){.k-link
target="_blank" style="color:#0000EE"} on 3/17/2014\
Amended by Ord.
[857(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333851_Ordinance%20No.%20857(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 5-205 Smoke Detectors Required In Apartment
Dwellings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-205_Smoke_Detectors_Required_In_Apartment_Dwellings){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All apartment structures and buildings shall have not less than one
smoke detector installed and maintained in working order in each
separate unit or living area within the apartment building.
2. The smoke detectors required by this section shall be approved prior
to their installation but shall be powered by the following methods,
to wit:
1. For all apartments in existence on March 4, 1982, the smoke
detector shall be powered by a battery and shall be tested by
the owner of such apartment building every 30 days, and the
documentation of such testing shall be kept in the office of the
manager of such apartment; and
2. All smoke detectors installed in apartments which receive a
building permit after March 4, 1982, shall be powered by the
electrical system of such apartment building.
3. All smoke detectors shall be of a type approved by the chief of the
fire department, the International Fire Safety Code as adopted by
the city or the residential building code as adopted by the city,
but must be suitable to warn the occupants of the unit in which such
detector is installed of the presence of smoke and the possibility
of fire danger.
4. Failure to install or maintain a smoke detector or failure to test a
battery-powered smoke detector as required by this section, or to
keep a record of such test, shall be unlawful, and, upon conviction
thereof, every person, firm, corporation, manager or other person
shall be subject to punishment as provided in section 1-108 for each
violation.
(Prior Code, § 5-4; Code 1999, § 5-205)
::: phx-docs
HISTORY\
*Amended by Ord.
[857(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333851_Ordinance%20No.%20857(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 5-206 Adoption Of Standard Specifications For The Construction Of
Water And
Sewer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-206_Adoption_Of_Standard_Specifications_For_The_Construction_Of_Water_And_Sewer){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A certain document, one copy of which is on file in the office of the
city clerk, being designated as the \"City of Moore Standard
Specifications for the Construction of Water and Sewer,\" dated February
1990, as developed and prepared by Wyatt, Doyle and Butler Engineers,
Inc., is hereby adopted as the construction code of water and sewer for
the city. The specifications set forth the standards and specifications
for the construction of water and sewer establish minimum regulations
governing the installation of water mains, installation of sewer mains,
incidental construction, attendant installation and maintenance of water
and sewer mains, and standards for earth work, excavation, disposal of
materials, adjustment of existing structures, foundations and bedding,
and backfill, all relative to the construction of water and sewer. Each
and all of the regulations, provisions, penalties, conditions and terms
of the standard specifications are hereby referred to, adopted and made
a part hereof as if fully set out in this section.
(Code 1999, § 5-206; Ord. No. 512(90), 4-2-1990)
**State Law reference**--- Adoption by reference, 11 O.S. § 14-107.
::: phx-name
[Sec 5-207 Adoption Of Paving, Sidewalk, And Driveway
Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-207_Adoption_Of_Paving,_Sidewalk,_And_Driveway_Specifications){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A certain document commonly known as \"Standard P.C.C. Paving Details,
Standard Driveway and Sidewalk Details and Standard A.C. Paving
Details,\" one copy of which is on file in the office of community
development director, is hereby adopted as the specifications for same
and shall be known as the paving code of the city. Subsequent revisions,
modifications, codifications or additions of the paving code shall
become effective as available, for the control of paving as herein
provided. Each and all of the regulations, provisions, conditions, and
terms of the paving code are hereby referred to, adopted and made a part
hereof as if fully set out in this section.
(Code 1999, § 5-207; Ord. No. 513(90), 4-2-1990)
**State Law reference**--- Adoption by reference, 11 O.S. § 14-107.
::: phx-name
[Sec 5-208
Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-208_Enforcement){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The official designated as being responsible for the enforcement of the
city\'s building codes shall be the building official.
(Code 1999, § 5-208)
::: phx-name
[Sec 5-209 Liquefied Petroleum Gas Code Adopted,
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-209_Liquefied_Petroleum_Gas_Code_Adopted,_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Pamphlet No. 58, Storage and Handling of Liquefied Petroleum Gases,
issued by the National Fire Protection Association, the latest
edition thereof, is hereby adopted and incorporated herein by
reference to govern liquefied petroleum gas.
2. It is unlawful for any person to manufacture, fabricate, assemble,
install or repair any system, container, apparatus or appliance to
be used for the transportation, storage, dispensing or utilization
of liquefied petroleum gas, or to transport, handle, or store such
gas, unless such person shall comply with all the provisions of
state law and this section.
3. All persons, firms, corporations or government entities which own or
operate underground flammable or combustible liquid tanks and
associated underground piping shall test the tanks and piping for
tightness at least once per year. The test shall be witnessed and
certified by the fire department. The test shall consist of five
pounds per square inch of pressure put on the tank and piping for a
period of 30 minutes. Any reduction of tank contents or loss of air
pressure experienced during the test shall constitute test failure.
The fire department shall then order the tank emptied and associated
equipment shut down, until such time as the faulty equipment is
repaired or replaced and retested.
(Prior Code, §§ 9-83, 9-84; Code 1999, § 5-209)
**State Law reference**--- Adoption by reference, 11 O.S. § 14-107.
::: phx-name
[Sec 5-210 Private Water Wells
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-210_Private_Water_Wells_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful and an offense for any person to drill a well for the
production of water upon property not owned and controlled by the city.
It is unlawful and an offense for any person to produce water from any
well hereafter drilled in violation of this section. This section shall
not apply to any property placed in an agricultural zoning
classification under the zoning ordinances of the city.
(Prior Code, § 23-26; Code 1999, § 5-210)
::: phx-name
[Sec 5-211 House, Building Numbering
System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-211_House,_Building_Numbering_System){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. House and business structure numbering shall be east and west from
Broadway and north and south from Main. The first block from the
dividing line in each case shall be the 100 block, the next the 200
block, the next the 300 block, and so on, each block being numbered
in multiples of 100. All lots shall be numbered consecutively from
the side of the block nearest the dividing line, starting with one,
but in the multiple of 100 corresponding to the block number,
alternating with the odd numbers on the north and west side and with
the even numbers on the south and east side of all streets and
avenues; that is, starting from the dividing line, the first lot on
the north or the west side of the street shall be numbered 101, and
the one directly across the street shall be numbered 102, and so on
through each consecutive block in numerical order. All houses and
business structures shall be numbered accordingly.
2. Where the long side of a lot parallels the street or avenue, and in
the case of unplatted areas, each 25 feet of length shall be
considered as a lot for numbering purposes.
3. The areas adjoining the right-of-way of the Oklahoma Railway Company
on the west, on both the north and south sides of Main Street, shall
be treated as blocks and the same method of numbering such blocks
and lots therein shall be followed.
(Prior Code, § 20-93; Code 1999, § 5-211)
::: phx-name
[Sec 5-212 Building Standards For Construction Of Residential Dwellings
Within Tornado Damage
Area](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-212_Building_Standards_For_Construction_Of_Residential_Dwellings_Within_Tornado_Damage_Area){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Tornado damage area defined. For purposes of this section, the area
of tornado damage resulting from any tornado that is declared a
federal disaster shall be specifically referred to as the \"tornado
damage area.\"
2. No person or other entity shall commence the construction of any
building or structure to be used as a residential dwelling within
the tornado damage area without obtaining a permit, and in order to
be eligible to receive said permit, all planned construction shall
conform to the applicable provisions of the building code adopted in
this article, all other applicable provisions of the city, and in
addition thereto, all planned construction within the tornado damage
area shall specifically conform to the following basic standards:
1. Each planned residential dwelling structure shall have a minimum
of 50 percent coverage of brick or stone. For the May 20, 2013,
Tornado, the Foxglove Addition, Section 1 and 2, shall not have
a minimum bricking requirement;
2. Each planned residential dwelling structure shall have the
minimum square footage as plat restrictions indicate. Where the
plat restrictions do not indicate a minimum square footage
requirement, each planned residential dwelling structure shall
have a minimum of 1,000 square feet, excluding garage; and
3. Each planned residential dwelling structure is required to have
an attached garage.
3. In order to determine said conformity, as provided in subsection (B)
of this section, the city may require the submission of detailed
plans and specifications covering the proposed construction of
buildings and residential dwellings within the tornado damage area,
and shall refuse to issue such permit unless the work so planned is
in accordance with the applicable provisions of the city, including
the building code and this section.
4. Nothing in this section shall be construed as repealing any
ordinance or the authority to enact and enforce any ordinance of the
city requiring the submission to the city of plans and
specifications and the obtaining of permits, nor will anything
herein in any way impair the power of the city to regulate the use
of land by zoning, building codes or restricted fire district
regulations or otherwise.
5. Penalty. Unless otherwise provide herein, any person found guilty of
violating any of the provisions of this section shall be guilty of
an offense and, upon conviction thereof, shall be punished by a fine
of not more than \$100.00, excluding costs. Every day that a
violation exists shall constitute a separate violation and shall be
subject to the full penalty contained herein.
(Code 1999, § 5-212; Ord. No. 262(99), 8-16-1999; Ord. No. 751(13),
7-1-2013)
::: phx-name
[ARTICLE 5-2B MOVING AND RELOCATING
BUILDINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2B_MOVING_AND_RELOCATING_BUILDINGS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-221 Permit Required To Move
Building](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-221_Permit_Required_To_Move_Building){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-222 Permit
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-222_Permit_Fees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-223 Application And Bond
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-223_Application_And_Bond_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-224 Issuance Or Denial Of
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-224_Issuance_Or_Denial_Of_Permit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-225 Interference With Trees And
Fixtures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-225_Interference_With_Trees_And_Fixtures){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-226 Interference With Poles And
Wires](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-226_Interference_With_Poles_And_Wires){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-227 Safety Precautions And Protection Of
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-227_Safety_Precautions_And_Protection_Of_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-228 Time
Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-228_Time_Limit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-229 Relocation Of Used Residential
Buildings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-229_Relocation_Of_Used_Residential_Buildings){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-221 Permit Required To Move
Building](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-221_Permit_Required_To_Move_Building){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall move any building or structure along or across any
street, alley or roadway within the city without a permit therefor from
the building official issued in accordance with the provisions of the
applicable building codes and this article. No such permit shall be
granted to any person except a bonded house mover. Proof of possession
of a valid and current state license, and the number assigned by the
state corporation commission, shall be provided to the building official
prior to issuance of a permit.
(Prior Code, § 5-331; Code 1999, § 5-221)
::: phx-name
[Sec 5-222 Permit
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-222_Permit_Fees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Before any permit to move a building or structure is granted under the
provisions of this section, the applicant for such permit shall pay a
fee as provided in the fee schedule.
(Code 1999, § 5-222)
::: phx-name
[Sec 5-223 Application And Bond
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-223_Application_And_Bond_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Before any person shall be granted a permit for the moving of any
building or structure as provided in this article, he shall file with
the city an application and a bond. The application shall show the place
from where the building is to be moved, the location where it is to be
moved, giving the size thereof and other information required by the
city. The bond, in the sum as set in the city\'s bond schedule which
shall run in favor of the city and any private person sustaining damages
under the conditions thereof, shall be entitled to sue thereon in his
own name. The bond shall be conditioned, among other things, that if
such permittee is granted the permit he shall promptly pay all damages
and for all injuries that may accrue to any person or property, either
public or private, within the city when such injury or damages are
inflicted by the permittee or his agents, servants, employees, workers,
contractors or subcontractors, and such bond shall be conditioned also
that the permittee will save, indemnify and protect the city from all
liability which may arise, either directly or indirectly, from the
moving of any building or structure by the permittee, his agents,
servants, employees, workers, contractors or subcontractors, and that
the permittee will in all respects comply with the ordinances of the
city in regard to the moving of buildings or structures and to the use
or obstruction of the streets and other public places of the city.
(Prior Code, §§ 5-332, 5-334; Code 1999, § 5-223)
::: phx-name
[Sec 5-224 Issuance Or Denial Of
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-224_Issuance_Or_Denial_Of_Permit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. At the time an application and bond is filed, the city clerk may
issue a permit for moving the building along the route described if
in his judgment the building can be moved without damage to the
property owners along the route and without damage to city streets.
If the city clerk determines that the building cannot be moved
without damage to property or streets, or for other noncompliance
with this article or applicable law, then he shall endorse on the
application \"REFUSED.\"
2. Once a moving permit is granted, if the move is not completed within
six months after issuance of the permit, the permit shall be revoked
and a new permit must be applied for.
3. If any mover, his servants, agents or employees, shall, while acting
within the scope of this article, damage or destroy any public or
private property and fail or refuse to repair, renew or pay for the
same, or shall fail or refuse to pay for the expense of the raising,
cutting or repair of any electric wire or cable or the removal and
replacement of any pole bearing the same as required by the terms of
this article, a written claim containing a statement of such damages
or expense may be filed with the building official who shall
investigate the same. If the building official finds the same to be
just and reasonable, no further permits within the scope of this
article shall be issued to such mover until the claim is satisfied.
Denial of such permit may be appealed to the board of adjustment by
filing a notice of appeal with the building official and city clerk
within ten days of the day of denial.
(Code 1999, § 5-224)
::: phx-name
[Sec 5-225 Interference With Trees And
Fixtures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-225_Interference_With_Trees_And_Fixtures){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No tree on any street shall be removed or the branches of any tree be
cut or trimmed in order to facilitate the moving of any building, except
with the consent and under the supervision of the city. No fixture on
any street or alley shall be removed, displaced or otherwise interfered
with to facilitate the moving of any building, except with the consent
and under the supervision of the building official.
(Code 1999, § 5-225)
::: phx-name
[Sec 5-226 Interference With Poles And
Wires](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-226_Interference_With_Poles_And_Wires){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whenever for the purpose of facilitating the moving of any building or
structure it is necessary to raise or cut any telephone or telegraph
wire or cable or any electric wire, or move any pole bearing any such
wire or cable, it is the duty of the mover having charge of the moving
of such building or structure to give the person owning or operating the
poles, wires or cables at least 24 hours\' notice of the time and place
when and where the removal of such poles or the raising or cutting of
such wires or cables will be necessary. After the service of the 24-hour
notice, it is the duty of the person owning or operating the poles,
wires or cables to furnish competent workers or linemen to remove such
poles or raise or cut such wires or cables. The regular wages of the
workers or linemen while engaged at such work shall be paid by such
movers. No mover shall raise, cut or move any such pole, wire or cable
unless the persons or authorities owning or having control of the same
fail or refuse to do so after such notice. Only competent workers or
linemen shall be employed in such work, and the same shall be done in a
careful and workmanlike manner, and the poles, wires and cables promptly
replaced and damages thereto promptly repaired at the expense of such
mover.
(Code 1999, § 5-226)
::: phx-name
[Sec 5-227 Safety Precautions And Protection Of
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-227_Safety_Precautions_And_Protection_Of_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No building or structure shall be allowed to remain at a standstill in
any public street or other public place for a period longer than 24
hours without the consent in writing of the building official. When any
building or structure is left in any street at night, two or more
approved warning lights or signals shall be conspicuously posted at each
end of such building or structure so as to give warning in both
directions of the street. All other obstructions left in the street
shall be safeguarded by similar lights or signals. All such lights and
signals shall be in good working order when posted, and shall be
securely placed in position. No such building or structure or other
obstruction shall be left standing at night in any street intersection.
The chief of the fire department and chief of police shall be notified
of the location of any such building or structure left standing in the
street at night. When necessary to protect pavement or sidewalk, plank
of sufficient size and thickness to prevent injury to such pavement or
sidewalk shall be laid for the wheels of the moving trucks to travel on.
The building official shall have the power to require the use of other
precautionary measures than those specifically mentioned in this article
when necessary or proper to protect life, limb or property.
(Prior Code, § 5-335, in part; Code 1999, § 5-227)
::: phx-name
[Sec 5-228 Time
Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-228_Time_Limit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
At the time of application for a moving permit, it is the duty of the
mover of the building or structure to estimate the reasonable time
required for the moving of the building from its present location to its
proposed location. He shall state in his application for a permit what
the applicant deems to be such reasonable time. The route and time
allowed for the moving of the building shall be determined and fixed by
the city manager. The permit shall especially provide that the building
shall be, from the time any part of the street is used for the moving of
same, cleared from any and all of the streets of the city within a
specified number of days specified therein, Sundays and holidays
excepted. The mover shall bind himself to pay the sum as set by the city
per day for each and every day all or any part of the building or
structure remains on the street in excess of the number of days allowed
in the permit, and his cash deposit shall, in addition to his bond, be
secondarily liable for the payment of the amount. Nothing but an act of
God shall be a defense against the payment of these sums. The provisions
of this section shall not prevent the city from revoking a permit in
compliance with section 5-224 after a period of six months has elapsed
from the date of issuance of the permit.
(Code 1999, § 5-228)
::: phx-name
[Sec 5-229 Relocation Of Used Residential
Buildings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-229_Relocation_Of_Used_Residential_Buildings){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No residential dwelling building or structure shall be relocated in any
zoning district within the city.
(Code 1999, § 5-229; Ord. No. 175(96), 12-2-1996)
::: phx-name
[ARTICLE 5-2C SIGN
CONTRACTORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2C_SIGN_CONTRACTORS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-241 Regulations
Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-241_Regulations_Established){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-242 License Required, Fee,
Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-242_License_Required,_Fee,_Term){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-243
Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-243_Transfer){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-244
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-244_Suspension){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-245
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-245_Revocation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-246 Sign Contractor\'s Bond Prerequisite To
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-246_Sign_Contractor's_Bond_Prerequisite_To_Issuance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-247
Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-247_Inspection){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-248 Designating
Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-248_Designating_Sign){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-241 Regulations
Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-241_Regulations_Established){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There are hereby established regulations pertaining to the construction
of signs, licensing of sign contractors, and establishment of a fee
schedule for sign permits.
(Prior Code, § 5-371; Code 1999, § 5-241)
::: phx-name
[Sec 5-242 License Required, Fee,
Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-242_License_Required,_Fee,_Term){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person except a licensed sign contractor shall engage in the business
of manufacturing, installing, erecting, repairing, painting, altering,
servicing, or removing signs requiring permits as provided in this Code.
A sign contractor\'s license may be obtained from the office of the city
clerk upon presentation of satisfactory evidence of qualifications for
the building official and payment of a fee as set by the city. Such
license shall expire annually. No reduction in fee for a partial year
shall be made. Employees of duly licensed sign contractors shall not be
required in the regular course of such employment to obtain such license
or pay such fee in order to engage in the work of manufacturing,
installing, erecting, repairing, painting, altering, servicing or
removing signs in the regular course of such employment.
(Prior Code, § 5-372; Code 1999, § 5-242)
::: phx-name
[Sec 5-243
Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-243_Transfer){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person holding a license to transfer same or
allow the use of same, directly or indirectly, by any other person for
the purpose of obtaining a permit to do any of the sign work herein
specified.
(Prior Code, § 5-373; Code 1999, § 5-243)
::: phx-name
[Sec 5-244
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-244_Suspension){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city shall have the right to suspend for a maximum period of 90 days
the license of any sign contractor for a violation of any of the city
ordinances relating to signs.
(Prior Code, § 5-374; Code 1999, § 5-244)
::: phx-name
[Sec 5-245
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-245_Revocation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city shall have the right to revoke the license of any sign
contractor for a violation of any of the city ordinances relating to
signs.
(Prior Code, § 5-375; Code 1999, § 5-245)
::: phx-name
[Sec 5-246 Sign Contractor\'s Bond Prerequisite To
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-246_Sign_Contractor's_Bond_Prerequisite_To_Issuance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No sign contractor\'s license shall be issued to any applicant until the
applicant therefor shall have deposited with the city clerk a surety
bond in the sum as set by the city, to be known as the sign
contractor\'s bond. The bond shall be executed by the sign contractor
and the surety thereon shall be a corporate surety company authorized to
do business in the state. The bond shall be payable to the city, and as
a condition shall state that the licensee will faithfully and properly
conduct his business in compliance with all the ordinances of the city
relating to signs and sign contractors. The bond shall provide for the
payment of all fines and penalties imposed for the violation of such
laws, and for the protection and indemnification of the city against all
damages resulting directly or indirectly from any injury to persons or
property on account of negligence or unskilled work of the licensee.
(Prior Code, § 5-376; Code 1999, § 5-246)
::: phx-name
[Sec 5-247
Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-247_Inspection){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The building official shall inspect at such times as he deems necessary
each sign regulated by this article.
(Prior Code, § 5-377; Code 1999, § 5-247)
::: phx-name
[Sec 5-248 Designating
Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-248_Designating_Sign){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Each sign erected by a sign contractor shall have a sign designating who
the sign contractor was who installed the sign, placed in a conspicuous
location. Such sign shall be a size of no less than two inches in height
and eight inches in width and shall be attached to the sign.
(Prior Code, § 5-378; Code 1999, § 5-248)
::: phx-name
[ARTICLE 5-2D AWNINGS, CARPORTS AND PATIO
COVERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2D_AWNINGS,_CARPORTS_AND_PATIO_COVERS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-251
Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-251_Definition){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-252 Construction
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-252_Construction_Restrictions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-253 Permits And
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-253_Permits_And_Fees){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-251
Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-251_Definition){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Awnings, carports, and patio covers, individually or in combinations, as
used herein, are defined as any structure, whether attached to an
existing structure or freestanding, which is constructed for the purpose
of providing a roof type cover only, for shelter from the sun, rain,
snow, sleet or hail.
(Prior Code, § 5-316; Code 1999, § 5-251)
::: phx-name
[Sec 5-252 Construction
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-252_Construction_Restrictions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Awnings, carports and patio covers which extend beyond the front
building line, toward the street, or beyond the side building line on
side streets, may be constructed if they meet the following
requirements:
1. They are not to exceed more than 20 feet beyond the front building
line, but in no instance beyond the front property line of interior
lots;
2. They are not to extend more than 20 feet beyond the side building
line, but in no case beyond the side property line of corner lots;
3. They must not be, at any point on the structure, closer than five
feet to an adjacent property line; except, those houses that have a
one car garage as of November 2, 1995, may erect a carport within
one foot of the side property line, provided the structure may not
divert any stormwater to the adjacent property;
4. Construction details must conform to the following:
1. The structure must be designed to support a load of 20 pounds
per square foot in addition to the weight of the structure;
2. Awnings, carports and patio covers which are attached to an
existing structure shall be attached with one-quarter inch or
larger lag screws in a substantial manner and shall be anchored
to each wall stud or to a masonry wall. One side of attached
awnings, carports or patio cover structures shall be supported
by 1½-inch diameter by 14 gauge steel columns, or columns of
equivalent strength, set in concrete footings not less than 12
inches deep nor less than 12 inches in diameter;
3. Freestanding carports or patio covers shall be supported by
2½-inch diameter by 14 gauge steel columns or columns of
equivalent strength, set in concrete footings not less than 24
inches deep nor less than 12 inches in diameter;
4. All concrete in footings shall be 2,000 pounds per square inch
quality;
5. Roof slope shall be at least 3/16 -inch per foot; and
6. All bolts and screws used in the structure shall be cadmium
plated or equal.
(Prior Code, § 5-317; Code 1999, § 5-252; Ord. No. 131(95), 11-2-1995)
::: phx-name
[Sec 5-253 Permits And
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-253_Permits_And_Fees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A permit must be obtained from the city clerk upon written
application showing compliance with this article and other
applicable ordinances of the city.
2. Such application shall contain the address of the applicant along
with a detailed drawing showing the desired specification of the
proposed awning, carport or patio cover and showing on such drawing
compliance with this article in all particulars. The application
will be on forms prepared by the city clerk and shall contain such
other information as is deemed necessary by him.
3. No permit will be issued until the permit fee is paid to the city
clerk. It shall be an offense to construct an awning, carport or
patio cover without having first secured a permit as provided in
this article.
(Prior Code, § 5-318; Code 1999, § 5-253)
::: phx-name
[ARTICLE 5-2E
FENCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2E_FENCES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-261 Short
Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-261_Short_Title){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-262
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-262_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-263
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-263_Application){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-264 Bond Prerequisite To
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-264_Bond_Prerequisite_To_Issuance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-265
Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-265_Transfer){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-266
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-266_Suspension){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-267
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-267_Revocation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-268 Expiration;
Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-268_Expiration;_Renewal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-269 Permits
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-269_Permits_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-270
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-270_Application){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-271
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-271_Issuance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-272
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-272_Fees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-273
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-273_Revocation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-274
Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-274_Inspection){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-275 Zoning
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-275_Zoning_Restrictions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-276 Designating
Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-276_Designating_Sign){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-261 Short
Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-261_Short_Title){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This article shall hereafter be known and cited as the \"fence
regulations\" of the city.
(Prior Code, § 6-131; Code 1999, § 5-261)
::: phx-name
[Sec 5-262
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-262_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Erect* means to build, construct, attach, hang, place or affix in any
manner all fences as defined in this section.
*Fence* means and includes every fence that is permanently attached to
the ground, including chainlink fences, redwood fences, masonry fences,
wood fences, but not limited thereto, and not including fences in
agricultural zones within the limits of the city.
*Fence contractor* means any person engaged in the business of
constructing, installing, erecting, repairing or servicing fences as
defined in this section.
(Prior Code, § 6-132; Code 1999, § 5-262)
::: phx-name
[Sec 5-263
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-263_Application){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Before a fence contractor shall be licensed to install any fence or make
alterations or additions to existing fences, he shall file with the
building official an application in writing for a license to do such
work. Such application shall be filed with the building official of the
city and information furnished thereon shall include:
1. Name of the applicant;
2. Address of the applicant;
3. Number of years\' experience in the fence business;
4. Employment of the applicant over the last ten years;
5. A record of any convictions of such applicant on any felony criminal
charge;
6. Three references; and
7. Any other items deemed desirable by the building official.
(Prior Code, § 6-135; Code 1999, § 5-263)
::: phx-name
[Sec 5-264 Bond Prerequisite To
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-264_Bond_Prerequisite_To_Issuance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No fence contractor\'s license shall be issued to any applicant until
the applicant therefor shall have deposited with the city clerk a surety
bond in the sum set by the city to be known as the fence contractor\'s
bond. Such bond shall be executed by the fence contractor and the surety
thereon shall be a corporate surety company authorized to do business in
the state. The bond shall be payable to the city, and as a condition
shall state that the licensee shall faithfully and properly conduct his
business in compliance with all ordinances of the city relating to
fences and fence contractors and for the payment of all fines and
penalties imposed for the violation of such laws, and for the protection
and indemnification of the city against all damages resulting directly
or indirectly from any injury to persons or property on account of
negligence or unskilled work of the licensee.
(Prior Code, § 6-136; Code 1999, § 5-264)
::: phx-name
[Sec 5-265
Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-265_Transfer){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person holding a fence contractor\'s license to
transfer the same or allow the use of same, directly or indirectly, by
any other person for the purpose of obtaining a permit to do any of the
fence work herein specified.
(Prior Code, § 6-138; Code 1999, § 5-265)
::: phx-name
[Sec 5-266
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-266_Suspension){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The building official shall have the right to suspend for a maximum
period of 90 days the license of any fence contractor for violating any
of the city ordinances relating to fences.
(Prior Code, § 6-139; Code 1999, § 5-266)
::: phx-name
[Sec 5-267
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-267_Revocation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city shall have the right to revoke the license of any fence
contractor for a violation of any of the city ordinances relating to
fences.
(Prior Code, § 6-140; Code 1999, § 5-267)
::: phx-name
[Sec 5-268 Expiration;
Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-268_Expiration;_Renewal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A fence contractor\'s license shall expire annually. No reduction in
fee for a partial year shall be made.
2. Any person who holds a license in his name may renew the license
upon the payment of the fee to the city treasurer within 30 days
after expiration thereof, unless such license has been revoked prior
to expiration by the city.
(Prior Code, § 6-141; Code 1999, § 5-268)
::: phx-name
[Sec 5-269 Permits
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-269_Permits_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person acting as a fence contractor or such
contractor\'s employee to construct, erect, install, alter, or locate
within the city any fence as defined in this article without the
contractor\'s obtaining a permit from the building department of the
city and paying the fee required by this article. Employees of a
contractor shall not be required to obtain a permit if the fence
contractor has obtained a permit for the erection of such fence. No
permit shall be required in agricultural zones.
(Prior Code, § 6-142; Code 1999, § 5-269)
::: phx-name
[Sec 5-270
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-270_Application){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Application for fence erection permits shall be made upon blanks
provided by the building official and shall contain or have attached the
following information:
1. Name and address of the applicant;
2. Location of lot upon which the fence is to be constructed;
3. The name of the person erecting such fence; and
4. Such other information as the building official shall require to
show full compliance with this article and all other laws and
ordinances of the city.
(Prior Code, § 6-143; Code 1999, § 5-270)
::: phx-name
[Sec 5-271
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-271_Issuance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is the duty of the building official upon the filing of an
application for a fence erection permit, if it is in order and in
compliance with all the regulations of this article and other laws and
ordinances of the city, to issue the erection permit. If the work
authorized under an erection permit has not been completed prior to 12
months from the date of issuance, the permit shall become null and void.
(Prior Code, § 6-144; Code 1999, § 5-271)
::: phx-name
[Sec 5-272
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-272_Fees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every applicant, before being granted a fence erection permit under this
article shall pay to the city clerk the permit fee for each fence.
(Prior Code, § 6-145; Code 1999, § 5-272)
::: phx-name
[Sec 5-273
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-273_Revocation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The building official is hereby empowered and authorized to revoke any
fence erection permit issued by him upon failure of the holder thereof
to comply with any provision of any city ordinance relating to fences.
(Prior Code, § 6-146; Code 1999, § 5-273)
::: phx-name
[Sec 5-274
Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-274_Inspection){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The building official shall inspect at such times as he deems necessary
each fence regulated by this article.
(Prior Code, § 6-147; Code 1999, § 5-274)
::: phx-name
[Sec 5-275 Zoning
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-275_Zoning_Restrictions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Each fence shall be defined as a structure and shall come under the
regulations of any structure in the zoning ordinances.
2. Special variances from the zoning ordinances relative to fences may
be granted in the case of hardship upon application to the building
official for a special variance. Before granting such variance, the
building official shall have a favorable recommendation from the
traffic and fire departments, and a fee will be required to
investigate such hardships.
(Prior Code,§ 6-148; Code 1999, § 5-275)
::: phx-name
[Sec 5-276 Designating
Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-276_Designating_Sign){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Each fence erected by a fence contractor shall have a sign designating
who the fence contractor was who installed the fence, placed in a
conspicuous location on the street side of the fence. Such sign shall be
a size of no less than two inches in height and eight inches in width
and shall be attached to the fence.
(Prior Code, § 6-149; Code 1999, § 5-276)
::: phx-name
[ARTICLE 5-2F SWIMMING
POOLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-2F_SWIMMING_POOLS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-281 Short
Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-281_Short_Title){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-282
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-282_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-283 Application For
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-283_Application_For_License){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-284 Bond Prerequisite To
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-284_Bond_Prerequisite_To_Issuance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-285
Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-285_Transfer){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-286
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-286_Suspension){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-287 Revocation Of
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-287_Revocation_Of_License){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-288 Expiration;
Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-288_Expiration;_Renewal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-289 Permits
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-289_Permits_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-290 Application For
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-290_Application_For_Permit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-291
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-291_Issuance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-292
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-292_Fees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-293 Revocation Of
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-293_Revocation_Of_Permit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-294
Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-294_Inspection){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-295 Zoning Restrictions And
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-295_Zoning_Restrictions_And_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-296 Designating
Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-296_Designating_Sign){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-297
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-297_Penalties){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-281 Short
Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-281_Short_Title){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This article shall hereafter be known and cited as the \"swimming pool
regulations\" of the city.
(Code 1999, § 5-281; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-282
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-282_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Install* means to build, construct, or erect in any manner all swimming
pools as defined in this section.
*Swimming pool* means and includes every swimming pool that is
permanently installed in the ground or on the ground including in-ground
pools and above-ground pools requiring professional installation, but
not limited thereto.
*Swimming pool contractor* means any person engaged in the business of
constructing, installing, repairing or servicing swimming pools as
defined in this section.
(Code 1999, § 5-282; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-283 Application For
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-283_Application_For_License){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Before a swimming pool contractor shall be licensed to install any
swimming pool or make alternations or additions to existing swimming
pools, he shall file with the building official an application in
writing for a license to do such work. A license fee shall be applicable
as set forth in the city\'s schedule of fees. Such application shall be
filed with the building official of the city and information furnished
thereon shall include:
1. Name of the applicant;
2. Address of the applicant;
3. Number of years\' experience in the swimming pool business;
4. Employment of the applicant over the last ten years;
5. A record of any convictions of such applicant on any felony criminal
charge;
6. Three references; and
7. Any other items deemed desirable by the building official.
(Code 1999, § 5-283; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-284 Bond Prerequisite To
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-284_Bond_Prerequisite_To_Issuance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No swimming pool contractor\'s license shall be issued to any applicant
until the applicant therefor shall have deposited with the city clerk a
surety bond in the sum set by the city to be known as the swimming pool
contractor\'s bond. Such bond shall be executed by the swimming pool
contractor and the surety thereon shall be a corporate surety company
authorized to do business in the state. The bond shall be payable to the
city, and as a condition shall state that the licensee shall faithfully
and properly conduct his business in compliance with all ordinances of
the city relating to swimming pools and swimming pool contractors and
for the payment of all fines and penalties imposed for the violation of
such laws, and for the protection and indemnification of the city
against all damages resulting directly or indirectly from any injury to
persons or property on account of negligence or unskilled work of the
licensee.
(Code 1999, § 5-284; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-285
Transfer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-285_Transfer){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person holding a swimming pool contractor\'s
license to transfer the same or allow the use of same, directly or
indirectly, by any other person for the purpose of obtaining a permit to
do any of the swimming pool work herein specified.
(Code 1999, § 5-285; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-286
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-286_Suspension){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The building official shall have the right to suspended for a maximum
period of one year the license of any swimming pool contractor for
violating any of the city ordinances relating to swimming pools.
(Code 1999, § 5-286; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-287 Revocation Of
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-287_Revocation_Of_License){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city shall have the right to revoke the license of any swimming pool
contractor for a violation of any of the city ordinances relating to
swimming pools.
(Code 1999, § 5-287; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-288 Expiration;
Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-288_Expiration;_Renewal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A swimming pool contractor\'s license shall expire annually. No
reduction in fee for a partial year shall be made.
2. Any person who holds a license in his name may renew the license
upon the payment of the fee to the city treasurer within 30 days
after expiration thereof, unless such license has been revoked prior
to expiration by the city.
(Code 1999, § 5-288; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-289 Permits
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-289_Permits_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person acting as a swimming pool contractor or
such contractor\'s employee to construct, install, alter, or locate
within the city any swimming pool as defined in this article without the
contractor\'s obtaining a permit from the building department of the
city and paying the fee required by this article. Swimming pool
contractors shall be required to pull the necessary building permits,
and no such permit shall be issued to a homeowner.
(Code 1999, § 5-289; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-290 Application For
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-290_Application_For_Permit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Application for swimming pool erection permits shall be made upon blanks
provided by the building official and shall contain or have attached the
following information:
1. Name and address of the applicant;
2. Location of lot upon which the swimming pool is to be constructed;
3. The name of the person erecting such swimming pool; and
4. Such other information as the building official shall require to
show full compliance with this article and all other laws and
ordinances of the city.
(Code 1999, § 5-290; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-291
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-291_Issuance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is the duty of the building official upon the filing of an
application for a swimming pool erection permit, if it is in order and
in compliance with all the regulations of this article and other laws
and ordinances of the city, to issue the erection permit. If the work
authorized under an erection permit has not been completed prior to 12
months from the date of issuance, the permit shall become null and void.
(Code 1999, § 5-291; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-292
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-292_Fees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every applicant, before being granted a swimming pool erection permit
under this article, shall pay to the city clerk the permit fee for each
swimming pool.
(Code 1999, § 5-292; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-293 Revocation Of
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-293_Revocation_Of_Permit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The building official is hereby empowered and authorized to revoke any
swimming pool erection permit issued by him upon failure of the holder
thereof to comply with any provision of any city ordinance relating to
swimming pools.
(Code 1999, § 5-293; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-294
Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-294_Inspection){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The building official shall inspect at such times as he deems necessary
each swimming pool regulated by this article.
(Code 1999, § 5-294; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-295 Zoning Restrictions And
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-295_Zoning_Restrictions_And_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Each swimming pool shall be defined as a structure and shall come
under the regulations of any structure in the zoning ordinances.
2. Each swimming pool falling under this article shall be required at
the time of installation a hookup to the sanitary sewer system for
draining and backwashing.
3. When a swimming pool is removed from the premises, any holes or
indentations in the ground shall be leveled so as to prevent water
collection or any other public health nuisance or hazard as defined
by this Code.
4. All pools, regardless of in-ground or above-ground, shall be
completely enclosed by a fence of at least four feet in height.
Openings in the fence shall be less than four inches in width. The
fence shall have self-closing and self-latching gates.
5. Special variances from the zoning ordinances relative to swimming
pools may be granted in the case of hardship upon application to the
board of adjustment and approval of such board.
(Code 1999, § 5-295; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-296 Designating
Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-296_Designating_Sign){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Each swimming pool erected by a swimming pool contractor shall have a
sign designating who the swimming pool contractor was who installed the
swimming pool, placed in a conspicuous location on the street side of
the swimming pool. Such sign shall be a size of no less than two inches
in height and eight inches in width and shall be attached to the
swimming pool.
(Code 1999, § 5-296; Ord. No. 589(07), 7-16-2007)
::: phx-name
[Sec 5-297
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-297_Penalties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It shall be deemed an offense for any swimming pool contractor to engage
in the business of constructing, installing, repairing or servicing
swimming pools as defined in this section without a valid license from
the city. Each offense is punishable by a written citation.
(Code 1999, § 5-297; Ord. No. 589(07), 7-16-2007)
::: phx-name
[CHAPTER 5-3 PLUMBING CODE AND
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-3_PLUMBING_CODE_AND_REGULATIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[ARTICLE 5-3A GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3A_GENERAL_PROVISIONS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 5-3B PLUMBERS\'
REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3B_PLUMBERS'_REGISTRATION){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- The Plumbing License Law of 1955, 59 O.S. §
1001 et seq.\
::: phx-name
[ARTICLE 5-3A GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3A_GENERAL_PROVISIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-301 Adoption Of The 2015 International Plumbing Code, As Amended
And Modified By The State Uniform Building Code Commission Pursuant To
59 OS Section
1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-301_Adoption_Of_The_2015_International_Plumbing_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-302 Additions, Insertions And
Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-302_Additions,_Insertions_And_Changes){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-303
Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-303_Administration){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-304 Dangerous And Insanitary
Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-304_Dangerous_And_Insanitary_Construction){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-305 Backwater Valves; When Required;
Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-305_Backwater_Valves;_When_Required;_Specifications){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-306 Violations And
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-306_Violations_And_Penalties){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-301 Adoption Of The 2015 International Plumbing Code, As Amended
And Modified By The State Uniform Building Code Commission Pursuant To
59 OS Section
1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-301_Adoption_Of_The_2015_International_Plumbing_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Pursuant to section 2-15 of the Charter, the council may by ordinance
adopt, by reference, codes which shall be considered to have the same
effect as if set out in full in this Code. Pursuant to this authority,
the council hereby ordains that a certain document, at least one copy of
which is on file in the office of the city clerk, being marked and
designated as \"The International Plumbing Code 2015,\" as amended and
modified by the state uniform building code commission pursuant to 59
O.S. § 1000.23, is hereby adopted as the plumbing code of the city; for
the control of buildings and structures as herein provided, referred to
herein as the \"plumbing code.\" Each and all of the regulations,
provisions, penalties, conditions and terms of the International
Plumbing Code are hereby referred to, adopted and made a part hereof, as
if fully set out in this Code, with the additions, insertions, and
changes, if any, as prescribed and set out herein.
(Code 1999, § 5-301; Ord. No. 494(89), 9-5-1989; Ord. No. 559(91),
6-17-1991; Ord. No. 159(96), 7-1-1996; Ord. No. 179(97), 1-21-1997; Ord.
No. 374(02), 8-19-2002; Ord. No. 538(06), 2-21-2006; Ord. No. 637(08),
12-15-2008)
**State Law reference**--- Adoption by reference, 11 O.S. § 14-107.
::: phx-docs
HISTORY\
*Amended by Ord.
[739(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324074_Ordinance%20No.%20739%20(13).pdf){.k-link
target="_blank" style="color:#0000EE"} on 2/4/2013\
Amended by Ord.
[862(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334384_Ordinance%20No.%20862(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 5-302 Additions, Insertions And
Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-302_Additions,_Insertions_And_Changes){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following sections of the plumbing code are hereby revised, deleted,
or amended as set out below. Items in brackets \[ \] are phrases that
shall be deemed inserted into the appropriation section of the plumbing
code:
1. Section 101.1, insert: \[City of Moore\].
2. Section 106.6.2, Insert: \[As provided in the city\'s fee
schedule\].
3. Section 108.4 Violation Penalties, delete existing language in this
section and replace with the following:\
\[Penalties: Any person who shall violate a provision of this code,
or shall fail to comply with any of the requirements thereof, or who
shall install plumbing work in violation of an approved plan of
lawful directive of this code, shall be guilty of a municipal
offense, punishable by a fine of not more than \$200.00 or by
imprisonment not to exceed ten days, or both such fine and
imprisonment\].
4. Section 109.2.1 Qualifications, delete existing language in this
section and replace with the following:\
\[This board shall be composed of two members who shall be plumbing
contractors licensed with the city and two members who shall be
journeyman plumbers licensed with the city; the building official
shall serve as ex officio member\].
5. Section 301.8 is hereby added and shall read as follows:\
\[A public water main or public sewer system shall be considered
available to a building when the building is located within 200 feet
of the public water or sewer\].
6. Section 305.4, delete last sentence and insert:\
\[Water service piping shall be installed below record frost
penetration but not less than two feet below grade\].
7. Insert section 703.7 to read as follows:\
\[Building Sewer Sizing: Building sewer shall not be smaller than
three inches in diameter. All tapping saddles shall be plastic
saddle tees with one strap on each side of tee, completely secured
around main line. Building sewer pipe shall be for six-inch or
smaller PVC SCH-40 and for six-inch and larger either PVC SCH-40 or
Heavy Duty SDR-35.
8. Section 705.2.1, insert last sentence to read as follows:\
\[Any elastomeric joint on an underground sewer shall be fully
banded\].
(Code 1999, § 5-302; Ord. No. 494(89), 9-5-1989; Ord. No. 559(91),
6-17-1991; Ord. No. 159(96), 7-1-1996; Ord. No. 179(97), 1-21-1997; Ord.
No. 374(02), 8-19-2002; Ord. No. 538(06), 2-21-2006; Ord. No. 579(07),
3-5-2007; Ord. No. 637(08), 12-15-2008)
::: phx-docs
HISTORY\
*Amended by Ord.
[739(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324074_Ordinance%20No.%20739%20(13).pdf){.k-link
target="_blank" style="color:#0000EE"} on 2/4/2013\
Amended by Ord.
[862(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334384_Ordinance%20No.%20862(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 5-303
Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-303_Administration){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The administration and enforcement of this chapter shall be the
responsibility of the plumbing official who shall be the building
official, or his designee, unless another official is appointed.
(Code 1999, § 5-303)
::: phx-name
[Sec 5-304 Dangerous And Insanitary
Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-304_Dangerous_And_Insanitary_Construction){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any portion of a plumbing system found by the plumbing official to
be insanitary as defined herein is hereby declared to be a nuisance.
2. Whenever brought to the attention of the city that any insanitary
conditions exist or that any construction or work regulated by this
Code is dangerous, unsafe, insanitary, a nuisance or a menace to
life, health or property or otherwise in violation of this Code,
city personnel may request an investigation by the plumbing official
who, upon determining such information to be fact, shall order any
person using or maintaining any such condition or responsible for
the use or maintenance thereof to discontinue the use or maintenance
thereof or to repair, alter, remove or demolish same as he may
consider necessary for the proper protection of life, health or
property, and in the case of any gas piping or gas appliance may
order any person applying gas to such piping or appliance to
discontinue supplying gas thereto until such piping or appliance is
made safe to life, health or property. Every such order shall be in
writing, addressed to the owner, agent or person responsible for the
premises in which such condition exists and shall specify the date
or time for compliance with such order.
3. Refusal, failure or neglect to comply with any such notice or order
shall be considered a violation of this Code.
4. When any plumbing system is maintained in violation of this Code and
in violation of any notice issued pursuant to the provisions of this
section or where a nuisance exists in any building or on a lot on
which a building is situated, the plumbing official shall institute
any appropriate action or proceeding in any court of competent
jurisdiction to prevent, restrain, correct or abate the violation or
nuisance.
(Code 1999, § 5-304)
::: phx-name
[Sec 5-305 Backwater Valves; When Required;
Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-305_Backwater_Valves;_When_Required;_Specifications){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There shall be two directional cleanouts with a backwater valve in
between the two directional cleanouts near the junction of the building
drain and building sewer. The two directional cleanouts and backwater
valve shall be outside the building wall, provided that it is brought up
to finish grade. Backwater valves shall be subject to the following
specifications:
1. The installation of backwater devices shall be in accordance with
lawful requirements of the administrative authority;
2. Backwater valves shall be installed in the building drain branch
which receives only the discharge from fixtures connected to
branches which are located below ground level;
3. Backwater valves shall have all bearing parts of corrosion-resistant
material;
4. Backwater valves shall be installed so their working parts will be
readily accessible for service and repairs; and
5. Backwater valves shall be constructed so a mechanical seal against
backflow will be provided.
(Code 1999, § 5-305)
::: phx-docs
HISTORY\
*Amended by Ord.
[868(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334719_Ordinance%20No.%20868(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-306 Violations And
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-306_Violations_And_Penalties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any person violating any provisions of this chapter shall be deemed
guilty of an offense and, upon conviction thereof, shall be
punishable as provided in section 1-108 or by revocation of the
plumber\'s license, or by both fine and revocation of the plumber\'s
license. Each separate day or any portion thereof during which any
violation of this chapter occurs or continues shall be deemed to
constitute a separate offense, and, upon conviction thereof, shall
be punished as herein provided.
2. The issuance or granting of a permit or approval of plans and
specifications shall not be deemed or construed to be a permit for
or an approval of any violation of any of the provisions of this
chapter. No permit presuming to give authority to violate or cancel
the provisions of this chapter shall be valid, except insofar as the
work or use which it authorized is lawful.
(Code 1999, § 5-306)
::: phx-name
[ARTICLE 5-3B PLUMBERS\'
REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-3B_PLUMBERS'_REGISTRATION){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-311
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-311_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-312 Contractors To Be
Registered](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-312_Contractors_To_Be_Registered){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-313 Contractor\'s Registration Not
Transferable](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-313_Contractor's_Registration_Not_Transferable){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-314 Amendment Of Contractor\'s
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-314_Amendment_Of_Contractor's_Registration){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-315 Employment Of
Contractor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-315_Employment_Of_Contractor){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-316 Contractor\'s Place Of Business, Telephone,
Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-316_Contractor's_Place_Of_Business,_Telephone,_Sign){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-317 Display Of Contractor\'s Sign And Registration
Number](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-317_Display_Of_Contractor's_Sign_And_Registration_Number){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-318 Contractors Employing Unqualified
Workmen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-318_Contractors_Employing_Unqualified_Workmen){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-319 Partnerships, Firms And Corporations In Plumbing
Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-319_Partnerships,_Firms_And_Corporations_In_Plumbing_Business){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-320 Issuance Of Contractor\'s Registration, Expiration, Renewal,
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-320_Issuance_Of_Contractor's_Registration,_Expiration,_Renewal,_Fees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-321 Failure To Renew Contractor\'s
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-321_Failure_To_Renew_Contractor's_Registration){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-322 Time For Contractor Registration, Partial Year Registration
Expiration
Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-322_Time_For_Contractor_Registration,_Partial_Year_Registration_Expiration_Date){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-323 Contractor\'s Registration Revocation,
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-323_Contractor's_Registration_Revocation,_Suspension){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-324 Journeymen To Be Licensed,
Registered](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-324_Journeymen_To_Be_Licensed,_Registered){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-325 Supervision Of
Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-325_Supervision_Of_Journeymen){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-326 Registration Of Apprentices Required;
Supervision](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-326_Registration_Of_Apprentices_Required;_Supervision){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-327 Number Of
Apprentices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-327_Number_Of_Apprentices){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- The Plumbing License Law of 1955, 59 O.S. §
1001 et seq.\
::: phx-name
[Sec 5-311
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-311_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Apprentice* or *plumber\'s apprentice* means any person 16 years of age
or over who is engaged in learning and assisting in the installation of
plumbing under the direct supervision of a licensed journeyman plumber
or plumbing contractor.
*Journeyman plumber* means any person who performs the manual work of
installing plumbing under the direction of a master plumber or plumbing
contractor. This definition may be construed to mean any person who has
qualified and is licensed under The Oklahoma State Plumbing Licensing
Law of 1955 (59 O.S. § 1001 et seq.) to act as a journeyman plumber
according to the requirements of such Law.
*Plumbing contractor* means any person skilled in the planning,
superintending and practical installation of plumbing and is familiar
with the laws, rules and regulations governing the same. This definition
may be construed to mean any person who has qualified and is licensed
under the Oklahoma State Plumbing Licensing Law, who may operate as an
individual, a firm, partnership or corporation to engage in the business
of plumbing, or the business of contracting to do, or furnish labor or
labor and materials for the installation, repair, maintenance or
renovation of plumbing, according to the requirements of the Oklahoma
State Plumbing Licensing Law of 1955 (59 O.S. § 1001 et seq.)
(Code 1999, § 5-311)
::: phx-name
[Sec 5-312 Contractors To Be
Registered](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-312_Contractors_To_Be_Registered){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall operate a place of business or engage in the business of
contracting to do plumbing or the installation of plumbing fixtures or
any sanitary equipment or installation of lawn sprinklers or making
connections with a water sewer main until he has complied with the
requirements of this article and has been registered and bonded as a
plumbing contractor. The certificate of registration shall be issued
only to individuals who have furnished satisfactory evidence of
compliance with the laws of the state, and satisfactory evidence of
responsibility and skill as provided by this article. The registration
shall show thereon the individual\'s business address and his business
connections.
(Code 1999, § 5-312; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-docs
HISTORY\
*Amended by Ord.
[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-313 Contractor\'s Registration Not
Transferable](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-313_Contractor's_Registration_Not_Transferable){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A plumbing contractor\'s registration shall not be transferred, loaned
or assigned.
(Code 1999, § 5-313; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-name
[Sec 5-314 Amendment Of Contractor\'s
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-314_Amendment_Of_Contractor's_Registration){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In the event the person holding a certificate of registration, or
license, as a plumbing contractor changes his business address or his
business connection, association or employment, he shall, within five
days thereafter, notify the plumbing inspector of such change and
present his certificate of registration to the plumbing inspector for
amendment. The plumbing inspector shall thereupon write in the
certificate of registration the new address or business connection, or
both, together with the date of the change thereof and note the changes
in the records of his office.
(Code 1999, § 5-314; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-name
[Sec 5-315 Employment Of
Contractor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-315_Employment_Of_Contractor){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person other than a plumbing contractor shall hire, engage, or employ
any person to do any plumbing within the city, or work that connects
with a city water or sewer main outside the city, who is not a licensed
and registered plumbing contractor under the terms of this article.
(Code 1999, § 5-315; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-docs
HISTORY\
*Amended by Ord.
[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-316 Contractor\'s Place Of Business, Telephone,
Sign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-316_Contractor's_Place_Of_Business,_Telephone,_Sign){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person engaged in the business of, and operating as, a plumbing
contractor within the city shall maintain a regular place of business, a
telephone listed with the telephone company as a business phone and
display a sign bearing the firm\'s name and registration number.
(Code 1999, § 5-316; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-name
[Sec 5-317 Display Of Contractor\'s Sign And Registration
Number](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-317_Display_Of_Contractor's_Sign_And_Registration_Number){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It shall be the duty of every plumbing contractor to display his sign
and state license on all cars and trucks used in the operation of his
business. The signs and state license numbers on all cars and trucks
used in the operation of his business shall be printed on both sides of
the vehicles with letters and figures of not less than two-inch
lettering and numbers.
(Code 1999, § 5-317; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-docs
HISTORY\
*Amended by Ord.
[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-318 Contractors Employing Unqualified
Workmen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-318_Contractors_Employing_Unqualified_Workmen){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is hereby declared unlawful and an offense for any plumbing
contractor to employ any person to work at the trade of plumbing unless
the person employed is licensed and registered under the ordinances of
the city, except such work as may be done by apprentices holding permits
to work as such as provided by this article.
(Code 1999, § 5-318; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-name
[Sec 5-319 Partnerships, Firms And Corporations In Plumbing
Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-319_Partnerships,_Firms_And_Corporations_In_Plumbing_Business){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A partnership, firm, corporation or business trust may only engage in
the plumbing business within the city through one bona fide member of
the partnership, firm or business trust, or one officer of the
corporation, who carries and holds a license and certificate of
registration as a plumbing contractor and who is bonded as such. In the
event the person or member holding the license or certificate of
registration should leave the employment of, or be discharged by, or
sever his connections with, or lose his status as a member or officer of
the partnership, firm, corporation or business trust which is operating
under his license and certificate of registration and through him, the
authority of the firm, corporation or business trust to do business
shall immediately cease and they or it must qualify under and comply
with the terms of this article before any further business is conducted,
except that the partnership, firm, corporation, or business trust may
continue to engage in the plumbing business within the city for a period
of 60 days from the time the license-carrying and registered member
thereof is called for and is actually engaged in military service or
training for any branch of the armed services of the United States of
America, provided the fees and bonds required by this article are kept
in full force and effect.
(Code 1999, § 5-319; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-docs
HISTORY\
*Amended by Ord.
[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-320 Issuance Of Contractor\'s Registration, Expiration, Renewal,
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-320_Issuance_Of_Contractor's_Registration,_Expiration,_Renewal,_Fees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
An applicant for a plumbing contractor\'s certificate of registration,
after complying with the laws of the state and with this article, and
after payment of the fee hereinafter specified, shall be registered by
the city clerk. The initial registration fee shall be as established by
resolution and each annual renewal fee shall be as established by
resolution. Plumbing contractors desiring to renew their registration
shall furnish the same evidence of compliance with state licensing laws
as furnished and required upon initial registration.
(Code 1999, § 5-320; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-docs
HISTORY\
*Amended by Ord.
[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-321 Failure To Renew Contractor\'s
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-321_Failure_To_Renew_Contractor's_Registration){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All plumbing contractor registrations not renewed within 30 days after
the date of expiration thereof shall be canceled and a new application
for registration must be made and the fee for a new registration paid.
(Code 1999, § 5-321; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-name
[Sec 5-322 Time For Contractor Registration, Partial Year Registration
Expiration
Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-322_Time_For_Contractor_Registration,_Partial_Year_Registration_Expiration_Date){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A plumbing contractor\'s registration may be applied for and secured at
any time during the year, but in no event shall the fee paid for the
registration be less than for a full year. All registrations shall
expire on August 31 of each calendar year.
(Code 1999, § 5-322; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-name
[Sec 5-323 Contractor\'s Registration Revocation,
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-323_Contractor's_Registration_Revocation,_Suspension){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
For good and sufficient cause the plumbing inspector and the health
officer may revoke the certificate of registration of any plumbing
contractor and thereafter he shall not be permitted to do business or
work within the city or on premises connected with the city water or
sewer system. In the event of such revocation, the holder of such
registration may appeal to the plumbing board and the action of the
board shall be final.
(Code 1999, § 5-323; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-name
[Sec 5-324 Journeymen To Be Licensed,
Registered](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-324_Journeymen_To_Be_Licensed,_Registered){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall engage in or work at the trade of journeyman plumber in
the city without having first been licensed as provided by state law.
(Code 1999, § 5-324; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-docs
HISTORY\
*Amended by Ord.
[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-325 Supervision Of
Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-325_Supervision_Of_Journeymen){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A journeyman plumber shall at all times while working at his trade be in
the employment of a plumbing contractor who is licensed and registered
under the terms of this article as a plumbing contractor.
(Code 1999, § 5-325; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-docs
HISTORY\
*Amended by Ord.
[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-326 Registration Of Apprentices Required;
Supervision](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-326_Registration_Of_Apprentices_Required;_Supervision){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person desiring to serve as an apprentice at the trade of plumbing
in the city must first be licensed as provided by state law.
(Code 1999, § 5-329; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-docs
HISTORY\
*Amended by Ord.
[863(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334452_Ordinance%20No.%20863(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-327 Number Of
Apprentices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-327_Number_Of_Apprentices){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No journeyman plumber shall at any one time have more than three
apprentices working under his supervision.
(Code 1999, § 5-331; Ord. No. 559(91), 6-17-1991; Ord. No. 159(96),
7-1-1996; Ord. No. 179(97), 1-21-1997)
::: phx-name
[CHAPTER 5-4 ELECTRIC
CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-4_ELECTRIC_CODE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[ARTICLE 5-4A GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4A_GENERAL_PROVISIONS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 5-4B ELECTRICAL CONTRACTOR\'S AND ELECTRICIAN\'S
REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4B_ELECTRICAL_CONTRACTOR'S_AND_ELECTRICIAN'S_REGISTRATION){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Electrical License Act, 59 O.S. § 1680 et
seq.\
::: phx-name
[ARTICLE 5-4A GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4A_GENERAL_PROVISIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-401 Adoption Of The National Electrical Code; NFPA
70](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-401_Adoption_Of_The_National_Electrical_Code;_NFPA_70){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-402 Provisions Declared To Be Minimum
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-402_Provisions_Declared_To_Be_Minimum_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-403 Electrical Installation Permit
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-403_Electrical_Installation_Permit_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-404 Temporary Permit;
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-404_Temporary_Permit;_Fees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-405 Inspection, Not To
Conceal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-405_Inspection,_Not_To_Conceal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-406 Denial Of Permit; Certificate Of Inspection, Utility
Companies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-406_Denial_Of_Permit;_Certificate_Of_Inspection,_Utility_Companies){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-407 Wiring Protection, When
Inspected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-407_Wiring_Protection,_When_Inspected){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-408 Defective Workmanship And
Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-408_Defective_Workmanship_And_Materials){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-409 Relocated
Buildings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-409_Relocated_Buildings){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-410 Inspection No Relief From
Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-410_Inspection_No_Relief_From_Responsibility){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-411 Electrical
Committee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-411_Electrical_Committee){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-401 Adoption Of The National Electrical Code; NFPA
70](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-401_Adoption_Of_The_National_Electrical_Code;_NFPA_70){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. For the purposes of establishing basic minimum requirements
necessary for safety in the use of electricity, and of prescribing
rules and regulations governing the installation of electrical
wiring and appliances within the city, there is hereby adopted that
certain code known as the 2014 National Electrical Code---NFPA 70,
as adopted by the state uniform building code commission pursuant to
59 O.S. § 1000.23, thereof and the whole thereof, save and except
such provisions as are hereinafter deleted, modified or amended,
referred to herein as the \"electrical code\"; of which code not
less than one copy has been and now is filed in the office of the
clerk. The electrical code is hereby incorporated as fully as if set
out at length herein.
2. The 2014 National Electric Code is hereby amended as follows:
1. Insert new section 305 to read as follows:\
Aluminum wire may only be used if it is sized at 4/0 or larger,
used for service and feeders only and installed as per
manufacturer\'s installation instructions.
2. Insert new section 300.1(D) to read as follows:\
All commercial structures shall be wired in conduit. NM cable
shall not be used.
3. Section 210.19(A)(4) is hereby amended by:\
Deleting the number \"14\" and inserting the number \"12.\"
4. Section 250.118 is hereby deleted and the following language is
hereby substituted:\
250.118 Types of Equipment Grounding Conductors. The equipment
grounding conductor run with the circuit conductors shall be
copper only. This conductor shall be solid or stranded;
insulated, covered, or bare; and in the form of a wire of any
shape.\
All raceways or cable assemblies shall include a green or bare
equipment grounding conductor. Said conductor shall be bonded to
all non-current carrying metal parts of the electrical system.
5. Section 680.23(A)(4) is hereby amended by:\
Deleting the number \"150\" and inserting the number \"15.\"
6. Section 680.23(A)(2) is hereby amended by adding the following
language:\
A ground fault circuit interrupter shall be installed in branch
circuits that supply low voltage lighting transformers.
(Code 1999, § 5-401; Ord. No. 424(87), 2-17-1987; Ord. No. 33(92),
9-21-1992; Ord. No. 183(97), 4-7-1997; Ord. No. 375(02), 8-19-2002; Ord.
No. 535(06), 2-21-2006; Ord. No. 634(08), 12-15-2008)
**State Law reference**--- Adoption by reference, 11 O.S. § 14-107.
::: phx-docs
HISTORY\
*Amended by Ord.
[740(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324349_Ordinance%20No.%20740%20(13).pdf){.k-link
target="_blank" style="color:#0000EE"} on 2/4/2013\
Amended by Ord.
[861(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 5-402 Provisions Declared To Be Minimum
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-402_Provisions_Declared_To_Be_Minimum_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions of the 2014 National Electrical Code, in their
interpretation and application shall be held to be minimum requirements
adopted for the promotion of public health, safety and general welfare.
Wherever any of the provisions or requirements of the 2014 National
Electrical Code are inconsistent with the provisions of this Code or
state statutes presently existing or enacted in the future, the
provisions or requirements containing the most restrictive regulation
shall apply and govern.
(Code 1999, § 5-402)
::: phx-docs
HISTORY\
*Amended by Ord.
[861(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 5-403 Electrical Installation Permit
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-403_Electrical_Installation_Permit_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall begin work on any electrical facilities installation
within the corporate limits of the city without first securing the
required permit from the electrical inspector
2. Permits shall be issued only to electrical contractors with current
unrevoked state licenses and current unrevoked city registration
certificates.
(Code 1999, § 5-403)
::: phx-docs
HISTORY\
*Amended by Ord.
[861(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334294_Ordinance%20No.%20861(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 5-404 Temporary Permit;
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-404_Temporary_Permit;_Fees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Where for good and sufficient cause it is necessary to have electricity
on any installation before the final certificate can be issued, the
electrical inspector may, if all parts to which currents are applied are
in a safe and satisfactory condition, issue a temporary permit. However,
before the temporary permit is issued, the party requesting it shall pay
to the city the fee as provided in the fee schedule. The permit then
received shall be in force for a period of 30 days from its date; and at
the end of 30 days, and each succeeding 30 days thereafter, for each
term so requested, the fee shall be as provided in the fee schedule.
(Code 1999, § 5-404)
::: phx-name
[Sec 5-405 Inspection, Not To
Conceal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-405_Inspection,_Not_To_Conceal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. In making inspection of new work \"rough-in,\" the electrical
inspector shall leave a tag in the cabinet plainly stating whether
the work has been approved and is ready to conceal, or that work
does not meet standards and must not be covered until approved by
the electrical inspector.
2. It is unlawful for any person to conceal or cause to be concealed
any electrical conductors used for electric lights, heat or power
until such time as he knows the work has been approved by the
electrical inspector. A tag in the cabinet properly signed and dated
so stating the inspector\'s approval will be sufficient notice.
(Code 1999, § 5-405)
::: phx-name
[Sec 5-406 Denial Of Permit; Certificate Of Inspection, Utility
Companies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-406_Denial_Of_Permit;_Certificate_Of_Inspection,_Utility_Companies){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The electrical inspector shall have and is hereby given the
authority to refuse to issue a permit for the installation of
electrical facilities in or on any building when, in his estimation,
the wiring done or proposed to be done is unsafe or not in
accordance with the provisions of this chapter. If after a permit is
issued the work installed under such permit for any reason does not
comply with the regulations of this chapter, the inspector shall
refuse to issue a certificate of inspection.
2. No electric light or power company shall connect to any electrical
facilities of any kind whatsoever until furnished with a certificate
of inspection or a permit for such connection duly executed by the
electrical inspector. All electric light or power companies, whether
operating under a regular franchise granted by the city or not,
shall, upon written notice from the electrical inspector, disconnect
from any circuit or service designated by the notice from the
inspector.
3. The electrical inspector shall enforce all the provisions of this
chapter. Whenever he shall be notified by any citizen of any
violation of this chapter or of the existence of any dangerous or
defective electrical facilities, he shall make an investigation
thereof without delay.
4. Whenever any electrical facilities are found by the electrical
inspector to be unsafe or defective or in an insecure condition, he
shall notify the owner or person in control thereof, in writing, to
repair or remove the defective facilities, and upon such person\'s
failure to repair or remove same within such time as the inspector
may deem necessary, which time shall be stated in such notice, the
inspector shall cause the service connected to such facilities to be
discontinued.
(Code 1999, § 5-406)
::: phx-name
[Sec 5-407 Wiring Protection, When
Inspected](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-407_Wiring_Protection,_When_Inspected){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No owner, contractor or worker shall in any manner interfere with
any electrical facilities being installed in or on any building. If
in the course of the erection of a building the facilities are in
such position as to interfere with its erection or completion as
called for by the plans, notice shall be immediately given the
person installing the facilities, and the needed change shall be
made by such person upon approval for such modification by the
electrical inspector. Upon inspecting the electrical facilities of
any building, the electrical inspector shall leave notice in the
form of a tag or label attached to the electrical facilities. The
notice shall clearly state whether the electrical facility is
approved or is to be kept open for corrections; and no person shall
lath, seal or in any way conceal any electrical facility until he is
informed and knows that such wiring has been approved.
2. The electrical inspector shall furnish such person or licensed
electrical contractor with a certificate, which shall state that
such electrical facility is approved only so far as \"roughing-in\"
is concerned, and that it is not the final certificate, and does not
entitle the electric light or power company to connect its service
to the electrical facilities. A certificate entitling the electric
light or power company to connect its service to electrical
facilities shall be furnished only after all fixtures are in place
and final inspection is made.
(Code 1999, § 5-407)
::: phx-name
[Sec 5-408 Defective Workmanship And
Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-408_Defective_Workmanship_And_Materials){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person, firm or corporation engaged in the business of electrical
contracting for the installation of wiring and apparatus for electric
light, heat or power in the city, who fails to correct promptly any
defects in any work done by him contrary to this Code, after having been
notified by the electrical inspector, shall not be issued any further
permits until such defects have been corrected; and in any case in which
any person shall continue to or persistently violate this Code in regard
to electrical work, or the orders of the electrical inspector in
relation to same, the registration and permit of such person shall be
suspended or revoked.
(Code 1999, § 5-408)
::: phx-name
[Sec 5-409 Relocated
Buildings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-409_Relocated_Buildings){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
When a building or a portion of a building containing electric wiring is
moved from its foundation, the owner shall have the electric wiring and
equipment in the building inspected and repaired where necessary to
provide for adequate service, branch circuits, receptacles and
grounding.
(Code 1999, § 5-409)
::: phx-name
[Sec 5-410 Inspection No Relief From
Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-410_Inspection_No_Relief_From_Responsibility){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This Code shall not be construed to relieve or lessen the responsibility
of any person, partnership or corporation owning or operating or
installing electric wires, appliances, apparatus, construction or
equipment for the damage to property or persons injured by any defect
therein; nor shall the city, or any agent thereof, be deemed to assume
such liability by reason of the inspection authorized herein or the
certificate of inspection issued by the electrical inspector.
(Prior Code, § 5-92; Code 1999, § 5-410)
::: phx-name
[Sec 5-411 Electrical
Committee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-411_Electrical_Committee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. An electrical board is hereby created and established. The board
shall consist of five members, including four appointive members and
one ex officio member. The appointive members shall be appointed by
the mayor and confirmed by the city council. The ex officio member
shall be the electrical inspector. The appointive members shall be
qualified as follows:
1. Two members shall be active as electrical contractors;
2. Two members shall be active as journeymen electricians.\
The appointive members shall hold office for a term of two years
and may be removed for cause. Vacancies shall be filled by
appointment for the unexpired term. The appointive members may
receive a compensation if so established by the city council.
Two members of the board present at any meeting shall constitute
a quorum for the transaction of business. The concurring vote of
not less than two members is necessary to constitute an official
action of the board. The ex officio member shall have voting
power and shall be counted in determining a quorum.
2. The board shall, with the electrical inspector, hear, pass on and
settle any disputes that may arise pertaining to the provisions of
this article. The board shall prescribe a procedure and order of
business for hearing applications for certificates of registration
and hearing appeals from the decisions of the electrical inspector
and aggrievement appeals as provided herein.
(Prior Code, §§ 5-126---5-132, in part; Code 1999, § 5-411)
::: phx-name
[ARTICLE 5-4B ELECTRICAL CONTRACTOR\'S AND ELECTRICIAN\'S
REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-4B_ELECTRICAL_CONTRACTOR'S_AND_ELECTRICIAN'S_REGISTRATION){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-421
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-421_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-422 Registration
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-422_Registration_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-423 Classification Of Registration
Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-423_Classification_Of_Registration_Certificate){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-424 Registration Fee, Annual Renewal
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-424_Registration_Fee,_Annual_Renewal_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-425 Journeyman Electrician\'s Registration
Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-425_Journeyman_Electrician's_Registration_Certificate){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-426 Electrical Apprentice\'s Registration
Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-426_Electrical_Apprentice's_Registration_Certificate){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Electrical License Act, 59 O.S. § 1680 et
seq.\
::: phx-name
[Sec 5-421
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-421_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Administrative authority* or *electrical inspector* means the
electrical inspector, or the building official or his designee if no
electrical inspector is appointed.
*Electrical apprentice* means any person 16 years of age or older whose
principal occupation is the learning of and assisting in the
installation of electrical work under the direct supervision of a
licensed journeyman electrician or electrical contractor. Each
apprentice shall be in possession of a valid electrical apprentice
license issued by the state.
*Electrical contractor* means any person skilled in the planning,
superintending and practical installation of electrical facilities who
is familiar with the laws, rules and regulations governing such work.
The term \"electrical contractor\" also means any individual, firm,
partnership, corporation or business performing skills of an electrical
contractor, of an electrician or the business of contracting or
furnishing labor or labor and materials for the installation, repair,
maintenance or renovation of electrical facilities according to the
provisions of the Electrical License Act (59 O.S. § 1680 et seq.). Each
electrical contractor shall be in possession of a valid electrical
contractor license issued by the state.
*Electrical facilities* means all wiring, fixtures, apparatus,
appurtenances and appliances for and in connection with a supply of
electricity within or adjacent to any building, structure or conveyance
on the premises, but not including the connection with a power supply
meter or other power supply source.
*Electrician* means any person engaged in electrical wiring in the city.
*Journeyman electrician* means any person other than an electrical
contractor who engages in the actual installation, alteration, repair or
renovation of electrical facilities unless specifically exempted by the
provisions of the Electrical License Act. Each journeyman electrician
shall be in possession of a valid journeyman electrician\'s license
issued by the state.
(Code 1999, § 5-421)
::: phx-name
[Sec 5-422 Registration
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-422_Registration_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall conduct, carry on or engage in the business of
electrical installation, maintaining, altering or repairing any
wiring, fixtures or equipment for the conducting of electrical
current or act in the capacity of an electrical contractor without
first having issued to him a valid and unrevoked electrical
contractor\'s license as provided by state law and an electrical
contractor\'s registration certificate issued by the city.
2. No person shall labor at the trade of electrician in the capacity of
a journeyman electrician within the city without first having had
issued to him a valid and unrevoked journeyman electrician\'s
license issued by the city as provided by state law.
3. No person shall labor at the trade of electrician in the capacity of
an electrical apprentice within the city without first having had
issued to him a valid and unrevoked apprentice electrician
registration certificate as provided by state law.
4. A partnership, firm, corporation or business trust may only engage
in the electrical business within the city through one bona fide
member of the partnership or firm, or one officer of the corporation
or business trust, who has legal authority to act for such
partnership, firm, corporation or business trust and who carries and
holds a license under state law as an electrical contractor and who
has registered such license as required by this article. In the
event the person or member holding the license or certification of
registration should leave or sever his connection with or lose his
status as a member or officer of the partnership, firm, corporation
or business trust, or in the event he is called for, and while he is
serving in the armed forces of the United States, such firm,
partnership, corporation or business trust may continue to engage in
the electrical business for a period not to exceed six months from
death or call to service. However, all fees required by this article
shall be paid and kept in full force, and a duly registered
electrical contractor shall assume in writing the supervision of
such work.
(Prior Code, § 5-146, in part; Code 1999, § 5-422)
::: phx-docs
HISTORY\
*Amended by Ord.
[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-423 Classification Of Registration
Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-423_Classification_Of_Registration_Certificate){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There shall be one class of electrical registration certificates, which
shall be known as follows: Electrical contractor.
(Code 1999, § 5-423)
::: phx-docs
HISTORY\
*Amended by Ord.
[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-424 Registration Fee, Annual Renewal
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-424_Registration_Fee,_Annual_Renewal_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The registration and renewal fees and bond requirements of
electrical contractors shall be as provided in the fee and bond
schedules.
2. Every person applying for an electrical registration certificate
shall, upon acceptance of his qualifications by the city, at the
time he makes such application, pay to the city the fees as provided
in the fee schedule and post bond as required in this section.
3. Applicants for registration shall pay to the city the required
registration fees. The fees shall be paid after all requirements are
met.
4. Annual renewal of registration certificates shall be accomplished by
payment of the renewal fees as provided herein. A receipt and
registration certificate for the appropriate year shall be issued by
the city upon payment of annual renewal fees. The registration
number shall remain the same each year.
5. A registration certificate shall be issued to the person named on
the certificate who shall be known as the holder of the certificate.
6. A registration certificate shall expire annually. All registrations
shall expire on August 31 of each calendar year.
7. Renewal applications and fees must be received by the city within 30
days after the expiration of the certificate or else the applicant
must proceed in the manner required of a new or initial applicant.
(Prior Code, § 5-154, in part; Code 1999, § 5-424)
::: phx-docs
HISTORY\
*Amended by Ord.
[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-425 Journeyman Electrician\'s Registration
Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-425_Journeyman_Electrician's_Registration_Certificate){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall work as a journeyman electrician unless he holds a valid
unrevoked state license as provided for herein. No journeyman
electrician shall perform any electrical wiring installation except
through a licensed and registered electrical contractor and shall
perform all installations, alterations and repairs of electrical wiring,
fixtures and equipment in accordance with this Code.
(Code 1999, § 5-425)
::: phx-docs
HISTORY\
*Amended by Ord.
[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-426 Electrical Apprentice\'s Registration
Certificate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-426_Electrical_Apprentice's_Registration_Certificate){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Under no circumstances shall an electrical apprentice perform any duty
or phase of electrical installation unless a journeyman electrician or
electrical contractor is on the project during such installation and
such electrical apprentice is directly supervised by a journeyman
electrician or electrical contractor.
(Code 1999, § 5-426)
::: phx-docs
HISTORY\
*Amended by Ord.
[869(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334790_Ordinance%20No.%20869(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[CHAPTER 5-5 MECHANICAL
CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-5_MECHANICAL_CODE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[ARTICLE 5-5A GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5A_GENERAL_PROVISIONS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 5-5B
REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5B_REGISTRATION){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Mechanical Licensing Act, 59 O.S. § 1850.1 et
seq.\
::: phx-name
[ARTICLE 5-5A GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5A_GENERAL_PROVISIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-501 Adoption Of 2015 International Mechanical Code, As Adopted By
The State Uniform Building Code Commission Pursuant To 59 OS Section
1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-501_Adoption_Of_2015_International_Mechanical_Code,_As_Adopted_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-502 Additions, Insertions And
Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-502_Additions,_Insertions_And_Changes){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-503
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-503_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-504 Provisions Declared To Be Minimum
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-504_Provisions_Declared_To_Be_Minimum_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-505 Mechanical
Official](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-505_Mechanical_Official){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-506 Violations And
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-506_Violations_And_Penalties){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-501 Adoption Of 2015 International Mechanical Code, As Adopted By
The State Uniform Building Code Commission Pursuant To 59 OS Section
1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-501_Adoption_Of_2015_International_Mechanical_Code,_As_Adopted_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. That certain document, being marked and designated as \"2015
International Mechanical Code,\" as adopted by the state uniform
building code commission pursuant to 59 O.S. § 1000.23, is hereby
adopted as the mechanical code of the city; for the control of
buildings and structures as herein provided; and each and all of the
regulations, provisions, penalties, conditions and terms of the 2015
International Mechanical Code are hereby referred to, adopted and
made a part hereof, as if fully set out in this Code, with the
additions, insertions, deletions and changes, if any, hereinafter
adopted.
2. Subsequent revisions, modifications, codifications or editions of
the code adopted herein shall become effective in the city as they
are available, issued, and adopted by the city.
3. The provisions of the Underwriters Laboratories Inc., as to
mechanical equipment and appliances, fuel supply, combustion air,
chimneys and vents, duct and piping, kitchen exhaust, ventilation
and energy conservation as may hereafter take place will be the
standards applicable in the city.
(Code 1999, § 5-501; Ord. No. 493(89), 9-5-1989; Ord. No. 58(94),
2-22-1994; Ord. No. 276(00), 4-17-2000; Ord. No. 373(02), 8-19-2002;
Ord. No. 537(06), 2-21-2006; Ord. No. 636(08), 12-15-2008)
**State Law reference**--- Adoption by reference, 11 O.S. § 14-107.
::: phx-docs
HISTORY\
*Amended by Ord.
[738(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf){.k-link
target="_blank" style="color:#0000EE"} on 2/4/2013\
Amended by Ord.
[860(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334174_Ordinance%20No.%20860(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 5-502 Additions, Insertions And
Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-502_Additions,_Insertions_And_Changes){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The code adopted in section 5-501 shall be known and cited as the
city\'s mechanical code. All persons shall comply with the
provisions of the code.
2. The following sections are hereby revised as follows:
1. M-101.1 Title: These regulations shall be known as the
Mechanical Code of the City of Moore, Oklahoma, hereinafter
referred to as \"this code.\"
2. Section 106.5.2 Fee Schedule: Insert: As provided in the city\'s
fee schedule.
3. Section 108.4 Violation Penalties: Insert: Refer to City Code
section 1-108, General and specific penalties; suspension or
revocation of license or permit.
4. Section 108.4.1 Unlawful continuance: Insert: Refer to City Code
section 1-108, General and specific penalties; suspension or
revocation of license or permit.
5. Section 109.2 Membership of board: Amended to read as follows:\
There is hereby created a mechanical board for the city, which
shall be composed of the building official of the city, who
shall be ex officio chairman of the board; a second board member
who shall be a licensed mechanical contractor; a third member
who shall be a licensed mechanical contractor; and a fourth
member who shall be a licensed mechanical journeyman. The
second, third, and fourth members shall be appointed by the city
council for a term of two years, and each shall serve until his
successor is appointed and qualified unless sooner removed for
cause. The second and third members shall have been actively
engaged in such occupation for a period of not less than five
years immediately preceding the date of his appointment.
6. Section 603.8 is amended to read as follows:\
Exceptions:
1. All ducts installed underslab shall be graded to access
plenum or boot.
(Code 1999, § 5-502; Ord. No. 493(89), 9-5-1989; Ord. No. 58(94),
2-22-1994; Ord. No. 276(00), 4-17-2000; Ord. No. 373(02), 8-19-2002;
Ord. No. 537(06), 2-21-2006; Ord. No. 636(08), 12-15-2008)
::: phx-docs
HISTORY\
*Amended by Ord.
[738(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf){.k-link
target="_blank" style="color:#0000EE"} on 2/4/2013\
*
:::
::: phx-name
[Sec 5-503
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-503_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall engage in any work covered by the mechanical code
without first securing a permit from the city.
2. The permit fees shall be as set by the city by motion or resolution.
(Code 1999, § 5-503)
::: phx-name
[Sec 5-504 Provisions Declared To Be Minimum
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-504_Provisions_Declared_To_Be_Minimum_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions of the International Mechanical Code, 2015 edition, in
their interpretation and application shall be held to be minimum
requirements adopted for the promotion of public health, safety and
general welfare. Wherever any of the provisions or requirements of this
code are inconsistent with the provisions of this Code or state statutes
presently existing or enacted in the future, the provisions or
requirements containing the most restrictive regulation shall apply and
govern.
(Code 1999, § 5-504; Ord. No. 373(02), 8-19-2002; Ord. No. 537(06),
2-21-2006; Ord. No. 636(08), 12-15-2008)
::: phx-docs
HISTORY\
*Amended by Ord.
[738(13)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601323939_Ordinance%20No.%20738%20(13).pdf){.k-link
target="_blank" style="color:#0000EE"} on 2/4/2013\
Amended by Ord.
[860(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334174_Ordinance%20No.%20860(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 5-505 Mechanical
Official](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-505_Mechanical_Official){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The term \"administrative authority\" or \"mechanical official\"
means the mechanical official, or the building official or his
designee if no mechanical official is appointed through the chain of
authority that is in effect when applying this code.
2. The administration and enforcement of the mechanical code shall be
the responsibility of the mechanical official through the
departmental structure that is in effect when applying this code.
(Code 1999, § 5-505)
::: phx-name
[Sec 5-506 Violations And
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-506_Violations_And_Penalties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any person, firm or corporation violating any provisions of this
chapter shall be deemed guilty of an offense and, upon conviction
thereof, shall be punishable as provided by section 1-108 or by
revocation of the applicable city license. Each separate day or any
portion thereof during which any violation of this chapter occurs or
continues shall be deemed to constitute a separate offense, and,
upon conviction thereof, shall be punishable as herein provided.
2. The issuance or granting of a permit or approval of plans and
specifications shall not be deemed or construed to be a permit for,
or an approval of, any violation of any of the provisions of this
chapter. No permit presuming to give authority to violate or cancel
the provisions of this chapter shall be valid except insofar as the
work or use which it authorized is lawful. The issuance or granting
of a permit or approval of plans shall not prevent the mechanical
official from thereafter requiring the correction of errors in the
plans and specifications or from preventing construction operations
being carried on thereunder when in violation of this chapter or any
other ordinance or from revoking any certificate of approval when
issued in error.
(Code 1999, § 5-506)
::: phx-name
[ARTICLE 5-5B
REGISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_5-5B_REGISTRATION){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-511
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-511_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-512 License And Registration
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-512_License_And_Registration_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-513 Registration
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-513_Registration_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-514 Issuance Of Registration
Certificates](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-514_Issuance_Of_Registration_Certificates){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-515
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-515_Revocation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-516 No Mechanical Work To Be Performed During Suspension Or
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-516_No_Mechanical_Work_To_Be_Performed_During_Suspension_Or_Revocation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-517 Reinstatement Of Certificate Of
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-517_Reinstatement_Of_Certificate_Of_Registration){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-518 Engaging In Business Without A Certificate Of
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-518_Engaging_In_Business_Without_A_Certificate_Of_Registration){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-519 Maintenance Of Place Of Business; Unlicensed Place Of
Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-519_Maintenance_Of_Place_Of_Business;_Unlicensed_Place_Of_Business){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-520 Identification Display On Vehicles
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-520_Identification_Display_On_Vehicles_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-521 Mechanical Contractor To Employ Only Licensed And Registered
Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-521_Mechanical_Contractor_To_Employ_Only_Licensed_And_Registered_Journeymen){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-522 Failure To Correct
Defects](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-522_Failure_To_Correct_Defects){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-523 Transfer, Assignment, Or Loan Of Certificate Of Registration
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-523_Transfer,_Assignment,_Or_Loan_Of_Certificate_Of_Registration_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-524 Mechanical Journeyman
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-524_Mechanical_Journeyman_Regulations){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-525 Mechanical Apprentice
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-525_Mechanical_Apprentice_Regulations){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Mechanical Licensing Act, 59 O.S. § 1850.1 et
seq.\
::: phx-name
[Sec 5-511
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-511_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Mechanical apprentice* or *apprentice* means any person 16 years of age
or older whose principal occupation is learning mechanical work on the
job under the direct supervision of a journeyman or contractor.
*Mechanical contractor* or *contractor* means any person engaged in the
business of planning, contracting, supervising or furnishing labor or
labor and materials for mechanical work.
*Mechanical journeyman* or *journeyman* means any person other than a
contractor or apprentice who engages in mechanical work.
*Mechanical work* means the installation, maintenance, repair, or
renovation, in whole or in part, of any heating system, exhaust system,
cooling system, mechanical refrigeration system or ventilation system or
any equipment or piping carrying chilled water, air for ventilation
purposes, or natural gas, or the installation, maintenance, repair, or
renovation of process piping used to carry any liquid, substance, or
material, including steam and hot water used for space heating purposes
not under the jurisdiction of the department of labor other than minor
repairs to such systems.
(Code 1999, § 5-511)
::: phx-name
[Sec 5-512 License And Registration
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-512_License_And_Registration_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall conduct, carry on or engage in the business of
mechanical work or act in the capacity of a mechanical contractor
within the city without first having had issued to him a valid and
unrevoked mechanical contractor\'s license as provided by state law
and a current mechanical contractor\'s registration certificate
issued by the city.
2. No person shall labor at the trade of mechanical work in the
capacity of a mechanical journeyman within the city without first
having had issued to him a valid and unrevoked mechanical
journeyman\'s license as provided by state law.
3. No person shall labor at the trade of mechanical work in the
capacity of a mechanical apprentice within the city without first
having had issued to him a valid and unrevoked mechanical apprentice
registration certificate as provided by state law.
4. Any city certificate of registration issued to an applicant shall be
issued only in the same category as the state license possessed by
the applicant. It shall further be subject to all limitations,
conditions or restrictions imposed on the state license possessed by
the applicant. The category of the city certificate of registration
shall be indicated on the face of the certificate. The categories
for certificates of registration shall be the following:
1. Unlimited mechanical air conditioning contractor;
2. Limited mechanical air conditioning contractor;
3. Unlimited heating contractor;
4. Limited heating contractor;
5. Refrigeration contractor;
6. Sheet metal contractor;
7. Natural gas piping contractor.
These categories shall have the same meanings ascribed to them by
state law and regulations.
5. Unless sooner revoked or suspended as provided for by this article,
the city certificate of registration shall be for a term of one year
from issuance and may be renewed upon expiration in the same manner
as originally obtained. All registrations shall expire on August 31
of each calendar year.
6. A certificate of registration issued to a mechanical contractor or
journeyman shall authorize the certificate holder to perform
mechanical work only as authorized by state law and regulations
adopted pursuant thereto. All mechanical work performed by a
mechanical contractor or journeyman shall be strictly limited to the
categories in which such contractor or journeyman is licensed by the
state and registered with the city.
7. All certificates issued hereunder must be renewed within 30 days
after the expiration of the certificate or the holder must apply and
pay the fees as required for original registration.
(Code 1999, § 5-512; Ord. No. 493(89), 9-5-1989)
::: phx-docs
HISTORY\
*Amended by Ord.
[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-513 Registration
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-513_Registration_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person applying for a city mechanical certificate shall, upon
acceptance of his qualifications by the city at the time he makes such
application, pay to the city the fees as provided in the fee schedule.
(Code 1999, § 5-513)
::: phx-name
[Sec 5-514 Issuance Of Registration
Certificates](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-514_Issuance_Of_Registration_Certificates){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city shall issue mechanical certificates of registration pursuant to
the following provisions: A mechanical contractor\'s certificate shall
be issued to every person who makes application for such certificate,
pays the required fee, and presents a valid, unrevoked license as
provided by state law for contractor status.
(Code 1999, § 5-514)
::: phx-docs
HISTORY\
*Amended by Ord.
[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-515
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-515_Revocation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A certificate of registration issued pursuant to this article may be
suspended or revoked in accordance with the following procedures.
2. The city mechanical inspector may suspend or revoke a certificate of
registration if he finds that the certificate holder has repeatedly
failed to perform his work in accordance with the requirements of
the mechanical code and such repeated violations constitute a hazard
to the public health, safety, or welfare. At least ten days\' notice
of such proposed suspension or revocation shall be given to the
certificate holder by certified mail, return receipt requested,
mailed to the last-known address of such person. The notice shall
indicate the date, time, and place of the suspension or revocation
hearing and the charges against the certificate holder. The
certificate holder shall have the right to attend the hearing, be
represented by counsel, and confront and cross examine his accusers.
Upon making the proper finding at the hearing, the city mechanical
inspector may suspend or revoke the certificate as deemed
appropriate. The order suspending or revoking any certificate may be
appealed to the mechanical code review and appeals commission as
provided by this article.
(Code 1999, § 5-515; Ord. No. 493(89), 9-5-1989)
::: phx-name
[Sec 5-516 No Mechanical Work To Be Performed During Suspension Or
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-516_No_Mechanical_Work_To_Be_Performed_During_Suspension_Or_Revocation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person whose certificate of registration has been suspended or
revoked shall, for the duration of the suspension or revocation, engage
in or offer to engage in any mechanical work within the city.
(Code 1999, § 5-516; Ord. No. 493(89), 9-5-1989)
::: phx-name
[Sec 5-517 Reinstatement Of Certificate Of
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-517_Reinstatement_Of_Certificate_Of_Registration){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Unless otherwise ordered by the mechanical code review and appeals
commission, no certificate of registration which has been revoked under
the provisions of this article shall be reinstated for a period of six
months after such revocation.
(Code 1999, § 5-517; Ord. No. 493(89), 9-5-1989)
::: phx-name
[Sec 5-518 Engaging In Business Without A Certificate Of
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-518_Engaging_In_Business_Without_A_Certificate_Of_Registration){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person, other than a mechanical contractor with a valid state license
and a city certificate of registration as required by this article,
shall maintain a place of business, display a sign, advertise or hold
himself out as a mechanical contractor or make any attempt to install,
alter or repair any mechanical system or otherwise engage in the
business of a mechanical contractor.
(Code 1999, § 5-518; Ord. No. 493(89), 9-5-1989)
::: phx-name
[Sec 5-519 Maintenance Of Place Of Business; Unlicensed Place Of
Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-519_Maintenance_Of_Place_Of_Business;_Unlicensed_Place_Of_Business){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person operating under a certificate of registration as a
mechanical contractor shall maintain a place of business as such. No
mechanical contractor shall maintain a place of business without having
a valid state license and a valid city certificate of registration as
required by this article. Such place of business shall maintain a
telephone in the Oklahoma City telephone exchange or a toll free number.
(Code 1999, § 5-519; Ord. No. 493(89), 9-5-1989)
::: phx-name
[Sec 5-520 Identification Display On Vehicles
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-520_Identification_Display_On_Vehicles_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every mechanical contractor shall display the firm name under which he
does business and state license number on all vehicles used in the
operation of the business. The name shall be displayed on both sides or
in other conspicuous places on the vehicle in letters of not less than
two inches in height. The state license number shall be permanently
affixed on both sides or in other conspicuous places on the vehicle in
numerals of not less than two inches in height.
(Code 1999, § 5-520; Ord. No. 493(89), 9-5-1989)
::: phx-docs
HISTORY\
*Amended by Ord.
[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-521 Mechanical Contractor To Employ Only Licensed And Registered
Journeymen](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-521_Mechanical_Contractor_To_Employ_Only_Licensed_And_Registered_Journeymen){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A mechanical contractor shall not employ or hire anyone to perform
mechanical work except a mechanical journeyman with a valid state
license as required by this article. Any journeyman employed by a
mechanical contractor shall perform mechanical work only in the
categories for which he has a valid state license.
(Code 1999, § 5-521; Ord. No. 493(89), 9-5-1989)
::: phx-docs
HISTORY\
*Amended by Ord.
[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-522 Failure To Correct
Defects](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-522_Failure_To_Correct_Defects){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person engaged in the business of mechanical contractor who shall
fail to promptly correct any defects in any mechanical work done by him
or by any of his employees or subcontractors contrary to or in violation
of this code after having been notified of such defective work by the
chief mechanical inspector shall not be issued any further permits until
the defect has been corrected.
(Code 1999, § 5-522; Ord. No. 493(89), 9-5-1989)
::: phx-name
[Sec 5-523 Transfer, Assignment, Or Loan Of Certificate Of Registration
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-523_Transfer,_Assignment,_Or_Loan_Of_Certificate_Of_Registration_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No certificate of registration issued pursuant to this article shall be
transferred, loaned, or assigned by the holder thereof to any other
person. No permits shall be issued pursuant to a certificate of
registration except to the lawful holder of such certificate.
(Code 1999, § 5-523; Ord. No. 493(89), 9-5-1989)
::: phx-name
[Sec 5-524 Mechanical Journeyman
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-524_Mechanical_Journeyman_Regulations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A mechanical journeyman shall, at all times while doing mechanical work,
be in possession of a valid state license and be in the employment of a
licensed and registered mechanical contractor. No mechanical journeyman
shall contract to furnish labor or labor and materials for mechanical
work.
(Code 1999, § 5-524; Ord. No. 493(89), 9-5-1989)
::: phx-docs
HISTORY\
*Amended by Ord.
[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-525 Mechanical Apprentice
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-525_Mechanical_Apprentice_Regulations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A mechanical apprentice shall be subject to the following limitations:
1. A mechanical apprentice shall work only under the direct supervision
of a mechanical contractor or journeyman. The term \"direct
supervision\" shall be construed as presence \"on the job\" with the
supervisor who must be a licensed and registered mechanical
contractor or a licensed mechanical journeyman;
2. A maximum of three mechanical apprentices may work under the
supervision of a person licensed and registered as a mechanical
contractor or as a mechanical journeyman; and
3. The apprentice must be working in the same category as the licensed
and registered mechanical contractor or mechanical journeyman on the
job.
(Code 1999, § 5-525; Ord. No. 493(89), 9-5-1989)
::: phx-docs
HISTORY\
*Amended by Ord.
[870(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344621_Ordinance%20No.%20870(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[CHAPTER 5-6 GAS CODE AND
PIPELINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-6_GAS_CODE_AND_PIPELINES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 5-601 Adoption Of Pipeline
Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-601_Adoption_Of_Pipeline_Standards){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-602 Planning Commission Duties,
Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-602_Planning_Commission_Duties,_Notice){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-603
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-603_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-604 Permit Required For
Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-604_Permit_Required_For_Construction){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-605
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-605_Suspension){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-601 Adoption Of Pipeline
Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-601_Adoption_Of_Pipeline_Standards){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All pipelines, connections and fixtures thereof, installed or used
for the purpose of the transportation of natural gas, shall be
equivalent to the specifications of the natural gas safety code,
adopted and approved by the United States Department of Commerce and
now in force as to thickness, weight, size, strength and general
character of material workmanship and manner of installation.
2. All pipelines used in connection with the drilling of wells, other
than gas lines and the lines used for the transportation of
petroleum or any of its products, shall be new lapweld or seamless
pipe and shall be equivalent to the specifications therefor as now
adopted by the American Petroleum Institute for lapweld of Grade
\"A\" seamless pipeline and requires 100 percent x-ray of all welds.
All such lines shall be at all times operated and maintained in a
safe manner so as to prevent all leakage or escape of any of the
contents of such lines. If any such lines shall become unsafe or
shall not be maintained as provided herein, or any of the contents
thereof shall escape therefrom, it shall be the duty of the person
in charge or in control thereof to immediately discontinue the use
thereof, until such line shall be repaired.
3. Pressure in any such lines shall not exceed those permitted by the
rules, regulations or orders of the corporation commission of the
state now in force. All such lines shall, on city streets and
alleys, be buried to a minimum depth of 30 inches below the normal
surface of the ground, such depth to be measured from the top of the
pipe and to be approved by the city engineer.
4. In the event it shall become necessary to change or remove any of
such pipelines, such change or removal shall be made at the entire
expense of the owners thereof, upon the approval of the city
engineer or an inspector of the city. Such removal or change shall
be made within five days after notice is served by the city.
(Prior Code, § 6-235; Code 1999, § 5-601)
**State Law reference**--- Adoption by reference, 11 O.S. § 14-107.
::: phx-name
[Sec 5-602 Planning Commission Duties,
Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-602_Planning_Commission_Duties,_Notice){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The planning commission, from time to time on its own motion or on the
motion of any landowner or citizen of the city, may order the course of
any pipeline to be changed, altered or changed in size by giving the
licensee notice of a hearing before the planning commission at a regular
meeting of such commission, such notice to be served upon the licensee
advising such licensee that a hearing will be had at a time and placed
fixed in such notice to determine whether, for the safety of the
residents of the city, the course of such pipeline should be changed or
any other changes should be made. Five days\' notice of the time of the
hearing shall be given. The entire expense of the changing or alteration
of the size or course of such pipeline shall be borne by the owner
thereof.
(Prior Code, § 6-236; Code 1999, § 5-602)
::: phx-name
[Sec 5-603
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-603_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Pipeline* means any subterranean pipeline through which shall be
transported petroleum or any of its products, crude oil, natural gas or
any other deleterious substances, but shall not include pipelines
located at a retail or wholesale service station engaged in selling
finished petroleum products.
(Prior Code, § 6-231; Code 1999, § 5-603)
::: phx-name
[Sec 5-604 Permit Required For
Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-604_Permit_Required_For_Construction){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful and an offense for any person, either as principal or
agent, to operate any pipeline, make any excavation with the intent to
install, lay, maintain or enlarge any pipeline or to install any
pipeline to or from any oil or gas well or any of its equipment or to
add to, enlarge or extend any pipeline now in existence without
obtaining a permit from the city.
(Prior Code, § 6-232; Code 1999, § 5-604)
::: phx-name
[Sec 5-605
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-605_Suspension){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager is hereby granted the authority to suspend the permit
of any person to install or operate any pipeline where any of the
provisions of this chapter, or any amendments thereto, are violated,
which suspension shall be effective until such time as such person shall
comply with the provisions of this chapter. Before suspending any such
permit, the city manager shall cause written notice to be served upon
the licensee advising such licensee that a hearing will be had at a time
and place fixed in such notice to determine whether the license held by
such licensee shall be suspended. Five days\' notice of the time of the
hearing shall be given. It shall be unlawful and an offense for any
person to operate any pipeline during any period in which the permit
covering the operation of such pipeline is so suspended. The provisions
of this section shall in no way limit or interfere with the enforcement
of the penalties for the violation of ordinances generally, but shall be
cumulative and in addition to such penalties.
(Prior Code, § 6-234; Code 1999, § 5-605)
::: phx-name
[CHAPTER 5-7 FAIR
HOUSING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-7_FAIR_HOUSING){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-701
Policy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-701_Policy){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-702
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-702_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-703 Unlawful
Practice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-703_Unlawful_Practice){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-704 Discrimination In The Sale Or Rental Of City\'s
Housing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-704_Discrimination_In_The_Sale_Or_Rental_Of_City's_Housing){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-705 Discrimination In The Financing Of
Housing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-705_Discrimination_In_The_Financing_Of_Housing){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-706 Discrimination In The Provision Of Brokerage
Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-706_Discrimination_In_The_Provision_Of_Brokerage_Services){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-707
Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-707_Exemption){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-708
Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-708_Administration){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-709 Education And
Conciliation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-709_Education_And_Conciliation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-710
Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-710_Enforcement){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-711 Investigations; Subpoenas; Giving Of
Evidence](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-711_Investigations;_Subpoenas;_Giving_Of_Evidence){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-712 Enforcement By Private
Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-712_Enforcement_By_Private_Persons){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-713 Interference, Coercion, Or
Intimidation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-713_Interference,_Coercion,_Or_Intimidation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-714 Prevention Of Intimidation In Fair Housing
Cases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-714_Prevention_Of_Intimidation_In_Fair_Housing_Cases){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Fair housing, 25 O.S. § 1451 et seq.\
::: phx-name
[Sec 5-701
Policy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-701_Policy){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is the policy of the city to provide, within constitutional
limitations, for fair housing throughout the city.
(Code 1999, § 5-701; Ord. No. 69(94), 1-3-1994)
::: phx-name
[Sec 5-702
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-702_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*City manager* means the city manager of the City of Moore or any
person, employee, agent, board, or single or plural authority whom the
city manager may designate to sit as his designee to perform the duties
and functions provided in this chapter.
*Discriminatory housing practice* means an act that is unlawful under
sections 5-704 through 5-706.
*Dwelling* means any building, structure or portion thereof which is
occupied as, or designed or intended for occupancy as, a residence by
one or more families, and any vacant land which is offered for sale or
lease for the construction or location thereon of any such building,
structure, or portion thereof.
*Family* includes a single individual.
*Person* means one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual
companies, joint stock companies, trusts, unincorporated organizations,
trustees, trustees in bankruptcy, receivers, and fiduciaries.
*To rent* means to lease, to sublease, to let and otherwise to grant for
a consideration the right to occupy premises owned by the occupant.
(Code 1999, § 5-702; Ord. No. 69(94), 1-3-1994)
::: phx-name
[Sec 5-703 Unlawful
Practice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-703_Unlawful_Practice){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Subject to the provisions of subsection (B) of this section and section
5-707, the prohibitions against discrimination in the sale or rental of
housing set forth in this chapter shall apply to:
1. All dwellings except as exempted by subsection (B) of this section;
2. Nothing in section 5-704 shall apply to:
1. Any single-family house sold or rented by an owner, provided
that such private individual does not own more than three such
single-family houses at any one time; provided further, that in
the case of the sale of any such single-family house by a
private individual owner not residing in such house at the time
of such sale or who was not the most recent resident of such
house prior to such sale, the exemption granted by this
subsection shall apply only with respect to one such sale within
any 24-month period; provided further, that such bona fide
private individual owner does not own any interest in, nor is
there owned or reserved on his behalf, under any express or
voluntary agreement, title to or any right to all or a portion
of the proceeds from the sale or rental of, more than three such
single-family houses at any one time; provided further, that the
sale or rental of any such single-family house shall be exempted
from the application of this chapter only if such house is sold
or rented:
1. Without the use in any manner of the sales or rental
facilities or the sales or rental services of any real
estate broker, agent, or salesman, or of such facilities or
services of any person in the business of selling or renting
dwellings, or of any employee or agent of any such
facilities or services of any person in the business of
selling or renting dwellings, or of any employee or agent of
any such broker, agent, salesman, or person; and
2. Without the publication, posting or mailing, after notice of
any advertisement or written notice in violation of section
5-704(c), but nothing in this provision shall prohibit the
use of attorneys, escrow agents, abstractors, title
companies, and other such professional assistance as
necessary to perfect or transfer the title; or
2. Rooms or units in dwellings containing living quarters occupied
or intended to be occupied by no more than four families living
independently of each other, if the owner actually maintains and
occupies one of such living quarters as his residence;
3. For the purposes of subsection (B) of this section, a person shall
be deemed to be in the business of selling or renting dwellings if:
1. He has, within the preceding 12 months, participated as
principal in three or more transactions involving the sale or
rental of any dwelling or any interest therein;
2. He has, within the preceding 12 months, participated as an
agent, other than in the sale of his own personal residence, in
providing sales or rental facilities or sales or rental services
in two or more transactions involving the sale or rental of any
dwelling or any interest therein; or
3. He is the owner of any dwelling designed or intended for
occupancy by, or occupied by, five or more families.
(Code 1999, § 5-703; Ord. No. 69(94), 1-3-1994)
::: phx-name
[Sec 5-704 Discrimination In The Sale Or Rental Of City\'s
Housing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-704_Discrimination_In_The_Sale_Or_Rental_Of_City's_Housing){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
As made applicable by section 5-703 and except as exempted by sections
5-703(b) and 5-707, it shall be unlawful:
1. To refuse to sell or rent after the making of a bona fide offer, or
to refuse to negotiate for the sale or rental of, or otherwise make
unavailable or deny, a dwelling to any person because of race, sex,
color, religion, national origin, handicap, or familial status;
2. To discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provision of
services or facilities in connection therewith, because of race,
sex, color, religion, national origin, handicap, or familial status;
3. To make, print, or publish, or cause to be made, printed, or
published, any notice, statement or advertisement, with respect to
the sale or rental of a dwelling that indicates any preference,
limitation, or discrimination based on race, sex, color, religion,
national origin, handicap, or familial status or an intention to
make any such preference, limitation or discrimination;
4. To represent to any person because of race, sex, color, religion, or
national origin that any dwelling is not available for inspection,
sale, or rental when such dwelling is in fact so available; or
5. For profit, to induce or attempt to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person of a particular
race, sex, color, religion, national origin, handicap, or familial
status.
(Code 1999, § 5-704; Ord. No. 69(94), 1-3-1994)
::: phx-name
[Sec 5-705 Discrimination In The Financing Of
Housing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-705_Discrimination_In_The_Financing_Of_Housing){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It shall be unlawful for any bank, building and loan association,
insurance company or other corporation, association, firm or enterprise
whose business consists in whole or in part in the making of commercial
real estate loans, to deny a loan or other financial assistance to a
person applying therefor for the purpose of purchasing, constructing,
improving, repairing, or maintaining a dwelling, or to discriminate
against him in the fixing of the amount, interest rate, duration, or
other terms or conditions of such loan or other financial assistance,
because of the race, sex, color, religion, national origin, handicap, or
familial status of such person or of any person associated with him in
connection with such loan or other financial assistance for the purposes
of such loan or other financial assistance, or of the present or
prospective owners, lessees, tenants, or occupants of the dwellings in
relation to which such loan or other financial assistance is to be made
or given, provided that nothing contained in this section shall impair
the scope or effectiveness of the exception contained in section
5-703(b).
(Code 1999, § 5-705; Ord. No. 69(94), 1-3-1994)
::: phx-name
[Sec 5-706 Discrimination In The Provision Of Brokerage
Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-706_Discrimination_In_The_Provision_Of_Brokerage_Services){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It shall be unlawful to deny any person access to or membership or
participation in any multiple-listing service, rental or facility
relating to the business of selling or renting dwellings, or to
discriminate against him in the terms or conditions of such access,
membership, or participation, on account of race, sex, color, religion,
national origin, handicap, or familial status.
(Code 1999, § 5-706; Ord. No. 69(94), 1-3-1994)
::: phx-name
[Sec 5-707
Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-707_Exemption){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Nothing in this chapter shall prohibit a religious organization,
association, or society, or any nonprofit institution or organization
operated, supervised or controlled by or in conjunction with a religious
organization, association, or society, from limiting the sale, rental or
occupancy of dwellings which it owns or operates for other than a
commercial purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion is
restricted on account of race, sex, color, national origin, handicap or
familial status; nor shall anything in this chapter prohibit a private
club not in fact open to the public, which as an incident to its primary
purpose or purposes provides lodgings which it owns or operates for
other than a commercial purpose, from limiting the rental or occupancy
of such lodgings to its members or from giving preference to its
members.
(Code 1999, § 5-707; Ord. No. 69(94), 1-3-1994)
::: phx-name
[Sec 5-708
Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-708_Administration){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The authority and responsibility for administering the city\'s fair
housing code shall be in the city manager or his designee.
2. The city manager may delegate any of these functions, duties, and
powers to employees of the city or to boards of such employees,
including functions, duties, and powers with respect to
investigating, conciliating, hearing, determining, ordering,
certifying, reporting or otherwise acting as to any work, business,
or matter under this chapter. The city manager shall by rule
prescribe such rights of appeal from the decisions of his hearing
examiners to other hearing examiners or to other officers in the
city, to boards of officers or to himself, as shall be appropriate
and in accordance with law.
3. All administrative departments, agencies, boards or commissions
shall administer their programs and activities relating to housing
and urban development in a manner affirmatively to further the
purposes of this chapter and shall cooperate with the city manager
to further such purposes.
(Code 1999, § 5-708; Ord. No. 69(94), 1-3-1994)
::: phx-name
[Sec 5-709 Education And
Conciliation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-709_Education_And_Conciliation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Immediately after the enactment of the city\'s fair housing code, the
city manager shall commence such educational and conciliatory activities
as will further the purposes of this chapter. He shall call conferences
of persons in the housing industry and other interested parties to
acquaint them with the provisions of this chapter and his suggested
means of implementing it, and shall endeavor with their advice to work
out programs of voluntary compliance and of enforcement.
(Code 1999, § 5-709; Ord. No. 69(94), 1-3-1994)
::: phx-name
[Sec 5-710
Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-710_Enforcement){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any person who claims to have been injured by a discriminatory
housing practice or who believes that he will be irrevocably injured
by a discriminatory housing practice that is about to occur
(hereafter \"person aggrieved\") may file a complaint with the city
manager and the city clerk. Complaints shall be in writing and shall
contain such information and be in such form as the city manager
requires. Upon receipt of such a complaint, the city manager shall
furnish a copy of the same to the persons who allegedly committed or
was about to commit the alleged discriminatory housing practice.
Within 30 days after receiving a complaint, or within 30 days after
the expiration of any period of reference under subsection (C) of
this section, the city manager shall investigate the complaint and
give notice in writing to the person aggrieved whether he intends to
resolve it. If the city manager decides to resolve the complaints,
he shall proceed to try to eliminate or correct the alleged
discriminatory housing practice by informal methods of conference,
conciliation and persuasion. Nothing said or done in the course of
such informal endeavors may be made public or used as evidence in a
subsequent proceeding under this chapter without the written consent
of the persons concerned. Any employee or agent of the city manager
or city who shall make public any information in violation of this
provision shall be, upon conviction, punished as provided in section
1-108.
2. A complaint under subsection (A) of this section shall be filed
within 180 days after the alleged discriminatory housing practice
occurred. Complaints shall be in writing and shall state the facts
upon which the allegations of a discriminatory housing practice are
based. Complaints may be reasonably and fairly amended at any time.
A respondent may file an answer to the complaint against him and
with the leave of the city manager, which shall be granted whenever
it would be reasonable and fair to do so, may amend his answer at
any time. Both complaints and answers shall be verified.
3. If, within 30 days after a complaint is filed with the city manager
and city clerk, the city manager has been unable to obtain a
voluntary compliance with this chapter, the person aggrieved may,
within 30 days thereafter, file a complaint with the secretary of
the department of housing and urban development. The city manager
will assist in this filing.
4. If the city manager has been unable to obtain voluntary compliance
within 30 days of the complaint, the person aggrieved may, within 30
days thereafter, commence a civil action in any appropriate court,
against the respondent named in the complaint to enforce the rights
granted or protected by this chapter, insofar as such rights relate
to the subject of the complaint. If the court finds that a
discriminatory housing practice has occurred or is about to occur,
the court may enjoin the respondent from engaging in such practice
or order such affirmative action as may be appropriate.
5. In any proceeding brought pursuant to this section, the burden of
proof shall be on the complainant.
6. Whenever an action filed by an individual shall come to trial, the
city manager shall immediately terminate all efforts to obtain
voluntary compliance.
(Code 1999, § 5-710; Ord. No. 69(94), 1-3-1994)
::: phx-name
[Sec 5-711 Investigations; Subpoenas; Giving Of
Evidence](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-711_Investigations;_Subpoenas;_Giving_Of_Evidence){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. In conducting an investigation the city manager shall have access at
all reasonable times to premises, records, documents, individuals,
and other evidence or possible sources of evidence and may examine,
record, and copy such materials and take and record the testimony or
statements of such persons as are reasonably necessary for the
furtherance of the investigation; provided, however, that the city
manager first complies with the provisions of the Fourth Amendment
of the United States Constitution relating to unreasonable searches
and seizures. The city manager may issue subpoenas to compel his
access to or the production of such materials, or the appearance of
such persons, and may issue interrogatories to a respondent, to the
same extent and subject to the same limitations as would apply if
the subpoenas or interrogatories were issued or served in aid of a
civil action in the United States District Court for the district in
which the investigation is taking place. The city manager may
administer oaths.
2. Upon written application to the city manager, a respondent shall be
entitled to the issuance of a reasonable number of subpoenas by and
in the name of the city manager to the same extent and subject to
the same limitations as subpoenas issued by the city manager
himself. Subpoenas issued at the request of a respondent shall show
on their face the name and address of such respondent and shall
state that they were issued at his request.
3. Witnesses summoned by subpoena of the city manager shall be entitled
to the same witness and mileage fees as are witnesses in proceedings
in United States District Courts. Fees payable to a witness summoned
by a subpoena issued at the request of a respondent shall be paid by
him.
4. Within five days after services of a subpoena upon any person, such
person may petition the city manager to revoke or modify the
subpoena. The city manager shall grant the petition if he finds that
the subpoena requires appearance or attendance at an unreasonable
time or place, that it requires production of evidence which does
not relate to any matter under investigation, that it does not
describe with sufficient particularity the evidence to be produced,
that compliance would be unduly onerous, or for other good reason.
5. In case of contumacy or refusal to obey a subpoena, the city manager
or other person at whose request it was issued may petition for its
enforcement in the municipal or county district court for the
district in which the person to whom the subpoena was addressed
resides, was served, or transacts business.
6. Any person who willfully fails or neglects to attend and testify or
to answer any lawful inquiry or to produce records, documents, or
other evidence, if in his power to do so, in obedience to the
subpoena or lawful order of the city manager shall be punished as
provided in section 1-108. Any person who, with intent thereby to
mislead the city manager, shall make or cause to be made any false
entry or statement of fact in any report, account, record, or other
document submitted to the city manager pursuant to his subpoena or
other order, or shall willfully neglect or fail to make or cause to
be made full, true and correct entries in such reports, accounts,
records, or other documents, or shall willfully mutilate, alter, or
by any other means falsify any documentary evidence, shall be
punished as provided in section 1-108.
7. The city attorney shall conduct all litigation in which the city
manager participates as a party or as amicus pursuant to this
chapter.
(Code 1999, § 5-711; Ord. No. 69(94), 1-3-1994)
::: phx-name
[Sec 5-712 Enforcement By Private
Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-712_Enforcement_By_Private_Persons){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The rights granted by sections 5-703 through 5-706 may be enforced
by civil actions in state courts of competent jurisdiction. A civil
action shall be commenced within 180 days after the alleged
discriminatory housing practice occurred; provided, however, that
the court shall continue such civil case brought pursuant to this
section or section 5-710(d) from time to time before bringing it to
trial if the court believes that the conciliation efforts of the
city manager are likely to result in satisfactory settlement of the
discriminatory housing practice complained of in the complaint made
to the city manager and which practice forms the basis for the
action in court; and provided further, that any sale, encumbrance,
or rental consummated prior to the issuance of any court order
issued under the authority of this chapter, and involving a bona
fide purchaser, encumbrancer, or tenant without actual notice of the
existence of the filing of a complaint or civil action under the
provisions of this chapter shall not be affected.
2. The court may consider and grant as relief, as it deems appropriate,
any permanent or temporary injunction, temporary restraining order,
or other order, and may award to the plaintiff actual damages and
punitive damages as allowed under the laws of the state or under
applicable federal law, together with court costs and reasonable
attorney\'s fees in the case of a prevailing plaintiff, provided
that the plaintiff, in the opinion of the court, is not financially
able to assume the attorney\'s fees.
(Code 1999, § 5-712; Ord. No. 69(94), 1-3-1994)
::: phx-name
[Sec 5-713 Interference, Coercion, Or
Intimidation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-713_Interference,_Coercion,_Or_Intimidation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It shall be unlawful to coerce, intimidate, threaten, or interfere with
any person in the exercise or enjoyment of, or on account of his having
exercised or enjoyed, or on account of his having aided or encouraged
any other person in the exercise or enjoyment of, any right granted or
protected by section 5-703, 5-704, 5-705, or 5-706. This section may be
enforced by appropriate civil action.
(Code 1999, § 5-713; Ord. No. 69(94), 1-3-1994)
::: phx-name
[Sec 5-714 Prevention Of Intimidation In Fair Housing
Cases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-714_Prevention_Of_Intimidation_In_Fair_Housing_Cases){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whoever, whether or not acting under color of law, by force or threat of
force willfully injures, intimidates or interferes with, or attempts to
injure, intimidate or interfere with:
1. Any person because of his race, color, religion, national origin,
handicap or familial status and because he is or has been selling,
purchasing, renting, financing, occupying, or contracting or
negotiating for the sale, purchase, rental, financing or occupation
of any dwelling, or applying for or participating in any service,
organization, or facility relating to the business of selling or
renting dwellings;
2. Any person because he is or has been, or in order to intimidate such
person or any other person or any class of persons from:
1. Participating without discrimination on account of race, sex,
color, religion, national origin, handicap, or familial status,
in any of the activities, services, organizations or facilities
described in subsection (A) of this section;
2. Affording another person or class of persons opportunity or
protection so to participate; or
3. Any citizen because he is or has been, or in order to discourage
such citizen or any other citizen from lawfully aiding or
encouraging other persons to participate, without discrimination on
account of race, sex, color, religion, national origin, handicap, or
familial status, in any of the activities, services, organizations
or facilities described in subsection (A) of this section, or
participating lawfully in speech or peaceful assembly opposing any
denial of the opportunity to so participate;
shall be punished as provided in section 1-108.
(Code 1999, § 5-714; Ord. No. 69(94), 1-3-1994)
::: phx-name
[CHAPTER 5-8 OUTDOOR LIGHT
FIXTURES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-8_OUTDOOR_LIGHT_FIXTURES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 5-801 Light Trespass
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-801_Light_Trespass_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-801 Light Trespass
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-801_Light_Trespass_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Requirements for luminaire heights, shielding, placement and aiming
to minimize light trespass and direct glare emitted by a lighting
system for any lot that is adjacent to a residentially zoned
property or residential land use shall be as follows:
1. Spill light on adjacent residential or unlighted properties
shall be minimized by complying with the following:
1. The lighting system shall be designed to minimize the impact
on spill light to adjacent properties.
2. Wall-mounted luminaries shall not be mounted higher above
the ground than their distance to the property line unless
they are mounted/shielded so as to direct the light away
from the adjacent property (i.e., on a wall on the property
line but directed inward). Maximum mounting height for
wall-mounted luminaries shall be 15 feet, or as approved by
the community development director.
2. Direct glare shall be minimized by compliance with the following
requirements:
1. The lighting system shall be designed to minimize the impact
on glare to adjacent properties.
2. The direct glare from the luminaire shall not be visible
from six feet above grade at the property line. Exception:
field sports lighting.
3. Where the adjacent property is residential and the luminaire
is a decorative style, the lot line side of the luminaire is
to be blocked/shielded out to eliminate spill and glare.
2. Violations and enforcement. It shall be unlawful to install or
operate an outdoor light fixture in violation of this Code. Final
determination as to compliance with this section shall be based on
point-by-point analysis by the community development director or
designee. Any person violating any provision of this Code shall be
subject to a fine and court costs as provided by law. Each and every
day, which the illegal erection, maintenance, and use continues, is
a separate offense.
3. Exemptions: nonconforming fixtures. All outdoor light fixtures,
existing and fully installed, or for which a building permit has
been issued prior to the effective date of this Code, may remain
nonconforming; provided, however, that no change in use,
replacement, structural alteration, or restoration of outdoor light
fixtures shall be made unless it thereafter conforms to the
provisions of this Code.
(Code 1999, § 5-801; Ord. No. 520(05), 10-3-2005)
::: phx-name
[CHAPTER 5-9 FUEL GAS
CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-9_FUEL_GAS_CODE){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 5-901 International Fuel Gas Code 2015
Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-901_International_Fuel_Gas_Code_2015_Adopted){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-902 Additions, Insertions And
Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-902_Additions,_Insertions_And_Changes){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-901 International Fuel Gas Code 2015
Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-901_International_Fuel_Gas_Code_2015_Adopted){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Pursuant to section 2-15 of the Charter, the council may by ordinance
adopt, by reference, codes which shall be considered to have the same
effect as if set out in full in the City Code. Pursuant to this
authority, the council hereby ordains that a certain document, at least
one copy of which is on file in the office of the city clerk, being
marked and designated as the \"2015 International Fuel Gas Code,\" as
adopted by the state uniform building code commission pursuant to 59
O.S. § 1000.23, is hereby adopted as the fuel gas code of the city; for
addressing the design and installation of fuel gas systems and gas-fired
appliances as herein provided. Each and all of the regulations,
provisions, penalties, conditions and terms of the International Fuel
Gas Code as hereby referred to, adopted and made a part hereof, as if
fully set out in this Code, with the additions, insertions, and changes,
if any, as prescribed and set out herein.
(Code 1999, § 5-901; Ord. No. 541(06), 10-16-2006; Ord. No. 638(08),
12-15-2008)
**State Law reference**--- Adoption by reference, 11 O.S. § 14-107.
::: phx-docs
HISTORY\
*Amended by Ord.
[859(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334092_Ordinance%20No.%20859(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 5-902 Additions, Insertions And
Changes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-902_Additions,_Insertions_And_Changes){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following sections of the \"International Fuel Gas Code 2015\" are
hereby revised, deleted, or amended as set out below. Items in \[ \] are
phrases that shall be deemed inserted into the appropriate section of
the International Code:
1. Section 108.4 Insert: \[Violation\]\
\[200.00\].\
Delete: or by imprisonment not exceeding \[number of days\], or both
such fine and imprisonment.
2. Section 101.1 Title: These regulations shall be known as the Fuel
Gas Code of the City of Moore, Oklahoma, hereinafter referred to as
\"this code.\"
(Code 1999, § 5-902; Ord. No. 541(06), 10-16-2006; Ord. No. 638(08),
12-15-2008)
::: phx-docs
HISTORY\
*Amended by Ord.
[859(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334092_Ordinance%20No.%20859(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[CHAPTER 5-10 ROOFING
CONTRACTORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-10_ROOFING_CONTRACTORS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 5-1001
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1001_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-1002 Registration;
Fine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1002_Registration;_Fine){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-1003
Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1003_Powers){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-1004 Obtaining A Roofing Contractor Registration; Refusal Of
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1004_Obtaining_A_Roofing_Contractor_Registration;_Refusal_Of_Registration){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-1005 Criminal History Records Search Or Background
Check](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1005_Criminal_History_Records_Search_Or_Background_Check){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-1006 Roofing Contractor Registration Certificate, Business
Limitations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1006_Roofing_Contractor_Registration_Certificate,_Business_Limitations){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-1007 Registration
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1007_Registration_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-1008 Applicability Of Roofing Contractor
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1008_Applicability_Of_Roofing_Contractor_Registration){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-1009 Issuance Or Denial Of
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1009_Issuance_Or_Denial_Of_Registration){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-1010 Change In Roofing Contractor\'s Name, Address, Legal Service
Agent, Or Cease Of Business,
Notification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1010_Change_In_Roofing_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business,_Notification){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-1011 Certificate Of
Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1011_Certificate_Of_Renewal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-1012 Contractor\'s Agent For Service Of
Process](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1012_Contractor's_Agent_For_Service_Of_Process){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-1013 Application For Building Permits; Disclosure Of Registration
Certificate
Number](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1013_Application_For_Building_Permits;_Disclosure_Of_Registration_Certificate_Number){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Roofing Contractor Registration Act, 59 O.S.
§ 1151.1 et seq.\
::: phx-name
[Sec 5-1001
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1001_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Nonresident contractor* means any contractor who has not established
and maintained a place of business as a roofing contractor in the state
within the preceding year, or who claims residency in another state, or
who has not submitted an income tax return as a resident of the state
within the preceding year.
*Person* means any individual, firm, partnership, association,
corporation, limited liability company, or other group or combination
thereof acting as a unit, unless the intent to give a more limited
meaning is disclosed clearly by this chapter.
*Public contract* means a contract with the state, its political
subdivisions, or any board, commission, or department thereof, or with
any board of county commissioners, or with any city council, school
board, or with any state or municipal agency, or with any other public
board, body, commission, or agency authorized to award contracts for the
construction or reconstruction of public work and includes subcontracts
undertaken to perform works covered by the original contract or any part
thereof.
*Registrar* means the city or any person designated by the city to
administer the provisions of this chapter.
*Roofing contractor* means any person, including a subcontractor and
nonresident contractor, engaged in the business of commercial or
residential roofing contractor work, or who himself, or through another,
attempts to or advertises, holds himself out as having, or purports to
have, the capacity to undertake roofing contractor work, or offers to
engage in or solicits roofing installation-related services, including
construction, installation, renovation, remodeling, reroofing, repair,
maintenance, alteration, and waterproofing, unless specifically exempted
in the Roofing Contractor Registration Act. The term \"roofing
contractor\" shall not mean:
1. A person engaged in the demolition of a structure or the cleanup of
construction waste and debris that contains roofing material;
2. A person working under the direct supervision of the roofing
contractor who is hired either as an employee, day laborer, or
contract laborer whose payment, received in any form, from the
roofing contractor is subject to self-employment tax;
3. A person working on his own property or that of an immediate
relative and such person is not receiving any compensation; or
4. A person acting as a handyman who is receiving compensation from the
property owner and who is performing the roofing repair in
conjunction with other repairs to the property and who does not
perform more than two roofing jobs per year.
*Roofing contractor work* means the installation, fabrication or
assembly of equipment or systems included in roofing systems as defined
in the International Building Code and the International Residential
Code, as adopted by the state uniform building code commission, and
which codes are hereby adopted and incorporated by reference. Roofing
construction work includes, but is not limited to, installation,
renovation, remodeling, reroofing, reconstructing, repair, maintenance,
improvement, alteration, and waterproofing, unless specifically exempted
in the Roofing Contractor Registration Act (59 O.S. § 1151.1 et seq.).
(Code 1999, § 5-1001; Ord. No. 689(10), 12-6-2010)
**State Law reference**--- Similar provisions, 59 O.S. § 1151.2.
::: phx-name
[Sec 5-1002 Registration;
Fine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1002_Registration;_Fine){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A person may not engage in the business nor act in the capacity of a
roofing contractor within the city nor may that person bring or
maintain any claim, action, suit, or proceeding in any court of the
state related to the person\'s business or capacity as a roofing
contractor without a valid registration as provided in this chapter.
2. A person who fails to obtain a valid registration prior to acting as
a roofing contractor as defined in this chapter, a person who acts
as a roofing contractor while his registration is suspended or
revoked, or a person who violates any provision of this chapter
shall be guilty of a violation, upon conviction, punishable by a
fine not to exceed \$500.00.
(Code 1999, § 5-1002; Ord. No. 689(10), 12-6-2010)
::: phx-name
[Sec 5-1003
Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1003_Powers){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city is authorized to employ personnel and procure such supplies and
equipment as may be necessary to carry out and implement the provisions
of this chapter, subject to budgetary limitations and funding. The city
may promulgate forms to implement the provisions of this chapter. The
city may administer any provision of this chapter through use of the
Internet or other technology as deemed necessary or appropriate.
(Code 1999, § 5-1003; Ord. No. 689(10), 12-6-2010)
::: phx-name
[Sec 5-1004 Obtaining A Roofing Contractor Registration; Refusal Of
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1004_Obtaining_A_Roofing_Contractor_Registration;_Refusal_Of_Registration){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. To obtain a roofing contractor registration under this chapter, an
applicant who is 18 years of age or older shall submit, on forms the
city prescribes, an application attaching a valid approved state
registration. A copy of the roofing contractor\'s certificate of
liability insurance shall be filed with the application and shall be
not less than \$500,000.00. Any insurance company issuing a
liability policy to a roofing contractor pursuant to the provisions
of this chapter shall be required to notify the city in the event
such liability policy is cancelled for any reason or lapses for
nonpayment of premiums. In addition, the roofing contractor shall
submit proof that the contractor has secured workers\' compensation
coverage satisfactory under the Administrative Workers\'
Compensation Act (85A O.S. § 1 et seq.), or an affidavit of
exemption or self-insurance as authorized pursuant to the Workers\'
Compensation Act. If the city deems it appropriate or necessary, the
city may also require other information to be included on the
application form to assist the city in registering the person as a
contractor. The application shall contain statements that the
applicant desires the issuance of a roofing contractor registration
certificate; that the applicant will comply with the provisions of
this chapter; that the applicant will comply with state laws and
local ordinances relating to standards and permits; that the
applicant has or has not been registered or licensed as a roofing
contractor in another state and whether any disciplinary action was
taken against such registration or license or whether it is still in
good standing; and that the nonresident applicant appoints the
secretary of state as legal service agent for all lawful process to
be served upon the applicant for work performed in the state or as
otherwise provided in this chapter.
2. The city shall refuse to register any person if the city determines:
1. The application contains false, misleading, or incomplete
information;
2. The applicant fails or refuses to provide any information
requested by the city;
3. The applicant fails or refuses to pay the required fees;
4. The applicant is ineligible for registration due to a suspended
or revoked registration in the state;
5. The nonresident applicant has a revoked or suspended
registration or license required by law for roofing contractors
in another state; or
6. The applicant has failed or refuses to submit any taxes due in
the state.
3. The city shall notify the applicant in writing if the city denies a
registration or renewal certificate, and shall provide the applicant
an opportunity to respond to or cure any defect in the written
application or renewal for a period of ten days from the date of the
written notification. An applicant aggrieved by a decision of the
city denying a registration or renewal may appeal the decision to
the city manager as provided in the Administrative Procedures Act
(75 O.S. § 250 et seq.), or the applicant may reapply after a 90-day
waiting period, if otherwise eligible in the provisions of this
chapter. The application and renewal fees shall not be refundable.
4. The city shall classify as not in good standing the registration of
any roofing contractor who fails to:
1. Maintain liability insurance coverage;
2. Maintain workers\' compensation coverage satisfactory under the
Workers\' Compensation Act, or provide an affidavit of exemption
or self-insurance as authorized pursuant to the Administrative
Workers\' Compensation Act (85A O.S. § 1 et seq.);
3. File, renew, or properly amend any fictitious name certificate;
4. Maintain an active status of a corporation or registration as a
foreign corporation, a limited liability company or registration
as a foreign limited liability company, a limited liability
partnership registration or foreign limited liability
partnership registration, or a limited partnership certificate
or limited partnership or foreign limited partnership
certificate of authority, with the office of the secretary of
state;
5. File or renew a trade name registration;
6. Maintain or renew a roofing contractor registration as provided
in this chapter;
7. Notify the city of a change in name, address, legal business
entity, legal service agent, or adjudication by a court of
competent jurisdiction for any act or omission specified in 59
O.S. § 1151.14(A) or a violation of this chapter;
8. Maintain a registration as required by law in another state
while registered in this state as a nonresident roofing
contractor; or
9. File and pay all taxes when due in the state.
5. The city shall send a written notice to the person when his
registration is not in good standing. Any roofing contractor who has
been notified by the city that his registration is not in good
standing shall cease soliciting or entering new roofing services and
projects as of the date of such notification; however, the roofing
contractor shall be allowed to complete roofing projects where
actual physical work has begun prior to the date of issuance of the
notice that his registration is not in good standing. If the roofing
contractor fails to correct the deficiency specified in the notice
by evidence satisfactory to the registrar within 30 days of the date
of the notice, or if the roofing contractor solicits or enters into
new roofing services contracts or projects while the roofing
contractor\'s registration is not in good standing, or while such
registration is suspended or revoked, the roofing contractor shall
be in violation of the provisions of this chapter. Any registration
that remains not in good standing for a 60-day period shall be
suspended on the 60th day from the date of issuance of the notice to
the roofing contractor that his registration is not in good
standing. Any registration that remains not in good standing, and is
suspended for such cause, shall be revoked on the 90th day from the
date of issuance of the notice to the roofing contractor that his
registration is not in good standing. The city shall notify the
roofing contractor upon suspension or revocation of his registration
for failure to comply in bringing such registration into good
standing as required by law. The roofing contractor may reinstate
his registration to good standing by paying the required fees
provided in section 5-1007 and complying with all other requirements
for issuance of a registration in good standing. Any person
aggrieved by the decision of the city to suspend or revoke a
registration pursuant to this section may appeal such decision to
the city manager\'s office.
(Code 1999, § 5-1004; Ord. No. 689(10), 12-6-2010)
::: phx-name
[Sec 5-1005 Criminal History Records Search Or Background
Check](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1005_Criminal_History_Records_Search_Or_Background_Check){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. When deemed appropriate, the city may conduct a criminal history
records search or background check on any applicant or registered
roofing contractor and may investigate the information submitted on
a roofing contractor application or renewal form, provided no
adverse action may be taken against the person until the person has
been notified and given an opportunity to respond in writing.
2. The city, its agents, employees and assigns shall not be liable and
are granted immunity for the acts or omissions of any registered
roofing contractor or its employees, or for any person\'s failure or
omission to properly disclose any information on an application or
renewal form, including, but not limited to, pending criminal
charges, arrests or prior criminal history records, disclosure of
his roofing contractor registration status, or his qualifications to
perform or act as a roofing contractor.
(Code 1999, § 5-1005; Ord. No. 689(10), 12-6-2010)
::: phx-name
[Sec 5-1006 Roofing Contractor Registration Certificate, Business
Limitations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1006_Roofing_Contractor_Registration_Certificate,_Business_Limitations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The holder of a roofing contractor registration certificate is entitled
to engage in the roofing business within the city pursuant to the
provisions of this chapter, and subject to the following limitations:
1. A roofing contractor\'s registration certificate number shall be
valid and in good standing at the time of soliciting a project and
during subsequent job performance;
2. A roofing contractor\'s registration certificate number shall be
submitted when applying for any permit issued by the state, or any
of its political subdivisions, for commercial or residential roofing
services or projects, if a permit is required by such authority, and
shall be written upon each permit issued;
3. A roofing contractor\'s registration certificate cannot be shared or
used by any other individual or business entity; provided, however,
a business, firm, partnership, association, corporation, limited
liability company, or other group or combination thereof acting as a
unit may be granted a single roofing registration certificate number
for use by designated roofing contractors acting as agents for the
business entity when the application for registration contained
sufficient information on each member, partner, officer and agent
and the state issued a single certificate number to such persons as
a business unit;
4. Upon any change to the name, address, business entity, or legal
service agent of a roofing contractor or upon adjudication by a
court of competent jurisdiction for a violation of this chapter or
an act or omission specified in 59 O.S. § 1151.14(A), the city shall
be notified in writing;
5. A roofing contractor shall comply with state laws and local
ordinances relating to standards and permits for roofing services
and projects; and
6. A roofing contractor must pay taxes due in the state.
(Code 1999, § 5-1006; Ord. No. 689(10), 12-6-2010)
::: phx-name
[Sec 5-1007 Registration
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1007_Registration_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. At the time of making application for a roofing contractor
registration certificate pursuant to this chapter, the applicant
shall pay to the city a fee to be set by resolution for the annual
registration certificate.
2. All monies collected by the city for roofing contractor registration
applications, renewals and other fee assessments shall be deposited
by the city into the general fund.
3. The fee to be submitted with an application for a roofing contractor
registration may be prorated as set by the city. Unless prorated at
the time of initial registration, fees shall be paid in the amount
stated in subsection (A) of this section and such registration
certificates shall expire June 30 each year.
4. A renewal fee for a roofing contractor registration shall be set by
resolution for the annual renewal registration certificate.
(Code 1999, § 5-1007; Ord. No. 689(10), 12-6-2010)
::: phx-name
[Sec 5-1008 Applicability Of Roofing Contractor
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1008_Applicability_Of_Roofing_Contractor_Registration){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The Roofing Contractor Registration Act does not apply to:
1. An actual owner of residential or farm property who physically
performs, or has employees who perform, roofing services
including construction, installation, renovation, repair,
maintenance, alteration, waterproofing, or removal of materials
or structures on his own dwelling or another structure located
on the residential or farm property owned by such person without
the assistance of any registered roofing contractor as such term
is defined by this chapter;
2. Any authorized employee, representative or representatives of
the United States Government, the state, or any county,
municipality, or other political subdivision of the state; and
3. Any person who furnishes any fabricated or finished product,
material, or article of merchandise which is not incorporated
into or attached to real property by such person so as to become
affixed thereto.
2. Any administrative or governing body with authority to enter into
public contracts shall require individual roofing contractor
registration for purposes of such persons submitting or entering
into any bid or contract.
(Code 1999, § 5-1008; Ord. No. 689(10), 12-6-2010)
::: phx-name
[Sec 5-1009 Issuance Or Denial Of
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1009_Issuance_Or_Denial_Of_Registration){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Within 25 calendar days from the date of application, the city shall
either issue or deny the roofing contractor registration. No
registration shall be issued to an applicant until the city receives all
documentation and fees necessary to obtain a registration certificate in
good standing. The registration certificate issued on an original
application entitles the person to act as a roofing contractor within
the city subject to the limitations of this chapter, until the
expiration of the then current fiscal year ending June 30, except that
an initial registration issued in May or June is valid until June 30 of
the subsequent year. On the effective date of the ordinance from which
this chapter is derived, a prorated registration certificate issued
between January 1, 2011, and April 30, 2011, shall be valid until June
30, 2011.
(Code 1999, § 5-1009; Ord. No. 689(10), 12-6-2010)
::: phx-name
[Sec 5-1010 Change In Roofing Contractor\'s Name, Address, Legal Service
Agent, Or Cease Of Business,
Notification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1010_Change_In_Roofing_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business,_Notification){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No later than ten days after the date of a change in a roofing
contractor\'s name, address, or legal service agent, or upon a
registered roofing contractor ceasing business as a roofing contractor,
the person shall notify the city of the change on a form provided by the
city. A name, address, or legal service agent change shall be
accompanied by a fee to be set by resolution. A person may not change
his name under an active registration certificate if the change is
associated with a change in the legal status of the business entity
other than a change in marital status. Doing business under a new
business name or change in legal status of a business requires issuance
of a new registration certificate. When a registered roofing contractor
ceases to be active as a roofing contractor, the city shall suspend the
registration certificate of such contractor.
(Code 1999, § 5-1010; Ord. No. 689(10), 12-6-2010)
::: phx-name
[Sec 5-1011 Certificate Of
Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1011_Certificate_Of_Renewal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any roofing contractor registration certificate issued under this
chapter may be renewed for each successive fiscal year by obtaining
from the city a certificate of renewal. To obtain a certificate of
renewal, the person shall file with the city a renewal application
by June 30 and pay the renewal fee. The application for renewal
shall require statements under oath that the applicant has properly
submitted income and employment taxes due in the state; whether or
not the applicant has been convicted of any felony offense, and the
nature of such offense, since issuance of the prior registration;
and whether or not the applicant has been adjudicated by a court of
competent jurisdiction for any violation of this chapter or any act
or omission specified in 59 O.S. § 1151.14(A). The city may forward
a copy of any information in an application for renewal to the state
tax commission and any other state agency. The applicant shall
include with the renewal application a copy of certificate of
liability insurance, unless the registrar has a current valid
certificate of liability insurance on file, proof of workers\'
compensation coverage, unless exempt under the Administrative
Workers\' Compensation Act (85A O.S. § 1 et seq.), and, if
applicable, a copy of the current registration certificate required
by law for roofing contractors. The renewal application need not be
notarized.
2. The city shall refuse to renew a roofing contractor\'s registration
certificate for any reason stated in 59 O.S. § 1151.5(B) or section
5-1004 of this chapter. The city shall notify the applicant in
writing if the city denies the renewal.
3. If any roofing contractor fails to file a renewal application by the
June 30 deadline that contractor\'s registration shall be not in
good standing. A roofing contractor has a 30-day grace period after
June 30 to renew the registration certificate without a late fee.
The late fee shall be set by the city and such fee shall not exceed
\$25.00. A roofing contractor registration certificate not renewed
by August 30 shall be suspended for failure to renew, and on January
1, if a roofing contractor\'s registration certificate still has not
been renewed, it shall be revoked for failure to renew.
4. 1. A roofing contractor desiring to renew a registration
certificate that has been suspended for any cause provided in
this chapter shall be assessed a fee equal to twice the amount
of the fee established as a renewal amount.
2. The city shall assess a reinstatement fee to be set by
resolution plus the fee established by section 5-1007 for any
registration that has been revoked for any cause provided in
this chapter.
3. A roofing contractor submitting an application for registration
after suspension or revocation of that contractor\'s
registration certificate must be otherwise eligible for
registration under this chapter.
5. The city shall include a registration status notation in a roofing
contractor\'s record if the status of registration changes from an
active and valid registration to not in good standing, denied,
suspended or revoked.
(Code 1999, § 5-1011; Ord. No. 689(10), 12-6-2010)
::: phx-name
[Sec 5-1012 Contractor\'s Agent For Service Of
Process](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1012_Contractor's_Agent_For_Service_Of_Process){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every applicant for a roofing contractor\'s registration who is a
nonresident contractor as defined by this chapter, by signing and filing
the application, appoints the secretary of state as the applicant\'s
true and lawful agent upon whom may be served all lawful process in any
action or proceeding against such nonresident contractor for
construction projects performed in the state. Such appointment in
writing is evidence of the roofing contractor\'s consent that any such
process against the contractor which is served upon the secretary of
state shall be of the same legal force and effect as if served upon the
contractor personally within the state. Registered foreign corporations,
registered foreign limited liability companies, foreign limited
liability partnerships and foreign limited partnerships entitled to do
business in the state having a current registered agent and registered
address on file in the office of the secretary of state need not appoint
the secretary of state as agent for service of process under this
section. Within ten days after service of the summons upon the secretary
of state, notice of such service with the summons and complaint in the
action shall be sent to the defendant roofing contractor at the
defendant contractor\'s last-known address by registered or certified
mail with return receipt requested and proof of such mailing shall be
attached to the summons. The secretary of state shall keep a record of
all process served upon the secretary of state under this section,
showing the day and hour of service. Whenever service of process was
made under this section, the court, before entering a default judgment,
or at any stage of the proceeding, may order such continuance as may be
necessary to afford the defendant contractor reasonable opportunity to
defend any action pending against the defendant contractor.
(Code 1999, § 5-1012; Ord. No. 689(10), 12-6-2010)
::: phx-name
[Sec 5-1013 Application For Building Permits; Disclosure Of Registration
Certificate
Number](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1013_Application_For_Building_Permits;_Disclosure_Of_Registration_Certificate_Number){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. When applying for any permit required by the state or any of its
political subdivisions for roofing services or jobs, a roofing
contractor shall supply the permit-issuing official that roofing
contractor\'s registration certificate number issued pursuant to
this chapter. That official shall enter a roofing contractor\'s
registration number on the permit.
2. A person performing as a roofing contractor on his own property,
although exempt from the registration requirements of this chapter,
shall, when applying for a permit required for the project, supply
the permit-issuing official any roofing contractor registration
number, as soon as available, of each roofing subcontractor engaged
in roofing services and doing work covered by the permit, if any.
That official shall enter each roofing contractor registration
number so supplied before inspection of the job.
3. A roofing contractor shall display his state roofing contractor
registration number issued pursuant to this chapter on each
commercial vehicle used for roofing services and upon every business
sign, card, correspondence, and contract used to solicit and conduct
roofing services in the state.
(Code 1999, § 5-1013; Ord. No. 689(10), 12-6-2010)
::: phx-name
[CHAPTER 5-11 STORM
SHELTERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_5-11_STORM_SHELTERS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 5-1101
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1101_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-1102 Permits
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1102_Permits_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 5-1103 Standards And
Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1103_Standards_And_Specifications){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 5-1101
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1101_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Storm shelter* means any under-ground structure designed to current
FEMA standards to protect its occupants from the effects of wind and
debris resulting from a tornado or severe weather event.
(Code 1999, § 5-1101; Ord. No. 707(11), 10-17-2011)
::: phx-name
[Sec 5-1102 Permits
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1102_Permits_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No storm shelter shall be constructed within the city unless a
building permit has been issued by the building inspection
department.
2. All storm shelter construction shall comply with the standards
contained in FEMA Publication 320, FEMA Publication 361 or ICC 500,
or the applicable succeeding publication.
(Code 1999, § 5-1102; Ord. No. 707(11), 10-17-2011)
::: phx-docs
HISTORY\
*Amended by Ord.
[864(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601334626_Ordinance%20No.%20864(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2017\
*
:::
::: phx-name
[Sec 5-1103 Standards And
Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_5-1103_Standards_And_Specifications){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No preshaped shelter, such as metal, plastic, wood, plexiglass,
etc., shall be approved unless the design is sufficient to prevent
flotation when the shelter is empty. Flotation force is considered
to be 100 percent. Weight of earthen fill will not be considered in
reducing this flotation factor.
2. All shelters constructed in front yards or, in the case of a corner
lot, in side yards that abut a street or public access and are not
fenced, shall not have any projection to include backfill, cover,
hatches, stairs, or vent pipes exceeding 18 inches above grade in
height, with measuring the point to be 12 inches from any side or
radius of the constructed shelter.
3. All underground storm shelters constructed in front, side or rear
yards that are not enclosed by a fence shall be provided with a
locking device.
4. No underground storm shelter shall be used for any type of occupancy
other than as a storm shelter.
5. All concrete used in shelter construction shall have a compressive
strength of not less than 3,500 pounds per square inch.
6. All shelters shall be adequately waterproofed to prevent seepage.
(Code 1999, § 5-1103; Ord. No. 707(11), 10-17-2011)
::: {.phx-name .phx-break}
[PART 6
COURT](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_6_COURT){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[CHAPTER 6-1 COURT
PROCEDURE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-1_COURT_PROCEDURE){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 6-2
JUDGE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-2_JUDGE){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 6-3 JURY
TRIALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-3_JURY_TRIALS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 6-4 PROCEEDING AGAINST
CORPORATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-4_PROCEEDING_AGAINST_CORPORATIONS){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Municipal courts, 11 O.S. § 27-101 et seq.\
::: phx-name
[CHAPTER 6-1 COURT
PROCEDURE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-1_COURT_PROCEDURE){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 6-101
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-101_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-102
Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-102_Purpose){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-103
Jurisdiction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-103_Jurisdiction){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-104 Change Of Venue; Disqualification Of
Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-104_Change_Of_Venue;_Disqualification_Of_Judge){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-105 Chief Of Police As Principal Officer Of
Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-105_Chief_Of_Police_As_Principal_Officer_Of_Court){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-106 Clerk Of Court;
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-106_Clerk_Of_Court;_Duties){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-107 City Attorney, Powers And
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-107_City_Attorney,_Powers_And_Duties){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-108
Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-108_Bond){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-109 Authority Of Judge To Prescribe
Rules](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-109_Authority_Of_Judge_To_Prescribe_Rules){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-110 Traffic Violations Bureau Created; Payment Of Fines, Fines In
Lieu Of
Appearance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-110_Traffic_Violations_Bureau_Created;_Payment_Of_Fines,_Fines_In_Lieu_Of_Appearance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-111 Designation Of Fines, Traffic Violations
Bureau](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-111_Designation_Of_Fines,_Traffic_Violations_Bureau){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-112 Prosecutions; Filing Of Complaint; Fees, Defects Raised Prior
To
Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-112_Prosecutions;_Filing_Of_Complaint;_Fees,_Defects_Raised_Prior_To_Trial){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-113 Ordinance Violations; Procedures For Issuing Citation;
Custody,
Arrest](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-113_Ordinance_Violations;_Procedures_For_Issuing_Citation;_Custody,_Arrest){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-114 Traffic Bail Bond
Act](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-114_Traffic_Bail_Bond_Act){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-115 Issuance Of Summons; Failure To
Appear](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-115_Issuance_Of_Summons;_Failure_To_Appear){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-116 Failure To Appear According To Terms Of Bond, Bond
Forfeiture, Bench
Warrant](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-116_Failure_To_Appear_According_To_Terms_Of_Bond,_Bond_Forfeiture,_Bench_Warrant){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-117 Complainant, Witnesses, Failure To
Appear](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-117_Complainant,_Witnesses,_Failure_To_Appear){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-118 Arrests, Release By Signing Citation; Bail; Amount And
Conditions, Temporary Cash
Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-118_Arrests,_Release_By_Signing_Citation;_Bail;_Amount_And_Conditions,_Temporary_Cash_Bond){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-119 Procedures For Bail Or Bond
Schedule](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-119_Procedures_For_Bail_Or_Bond_Schedule){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-120
Arraignment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-120_Arraignment){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-121 Postponement Of
Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-121_Postponement_Of_Trial){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-122 Defendant\'s Presence Required At
Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-122_Defendant's_Presence_Required_At_Trial){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-123 Procedure For Trials Not Within Scope Of
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-123_Procedure_For_Trials_Not_Within_Scope_Of_Chapter){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-124
Judgment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-124_Judgment){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-125 Judgment Of
Imprisonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-125_Judgment_Of_Imprisonment){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-126 Suspension Or Deferment Of Judgment,
Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-126_Suspension_Or_Deferment_Of_Judgment,_Powers){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-127 Payment Of Costs By
Defendant](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-127_Payment_Of_Costs_By_Defendant){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-128 Witness
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-128_Witness_Fees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-129 Enforcement Of Fines And Costs, Imprisonment, Work And
Community
Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-129_Enforcement_Of_Fines_And_Costs,_Imprisonment,_Work_And_Community_Service){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-130 Same Offense Punishable By Different Sections Of
Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-130_Same_Offense_Punishable_By_Different_Sections_Of_Code){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-131 Contempt Of
Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-131_Contempt_Of_Court){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-132 Juvenile Traffic
Offenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-132_Juvenile_Traffic_Offenses){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-133 Penalty
Assessments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-133_Penalty_Assessments){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-134 Fines Recoverable By Civil Action; Failure To Pay Separate
Offense,
Imprisonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-134_Fines_Recoverable_By_Civil_Action;_Failure_To_Pay_Separate_Offense,_Imprisonment){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 6-101
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-101_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Chief of police* means the peace officer in charge of the police force
of the city.
*Clerk* means the court clerk as appointed by the city manager,
including any deputy or member of the office staff of the clerk while
performing duties of the clerk\'s office.
*Court* means the municipal criminal court of the city.
*Judge* means the judge of the municipal criminal court, including any
acting judge or alternate judge thereof as provided for by the statutes
of the state and this chapter.
*This judicial district* means the district court judicial district of
the state wherein the government of the city is situated.
(Prior Code, § 15-2; Code 1999, § 6-101)
::: phx-name
[Sec 6-102
Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-102_Purpose){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This chapter shall govern the organization and operation of the
municipal criminal court of the city, as put into operation by
resolution duly passed on January 6, 1969, and filed in accordance with
law, as authorized by state statutes. To the extent of conflict between
any provisions of this chapter and the provisions of any other ordinance
of the city, the provisions of this chapter shall control.
(Prior Code, § 15-1; Code 1999, § 6-102)
::: phx-name
[Sec 6-103
Jurisdiction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-103_Jurisdiction){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The court shall exercise original jurisdiction to hear and determine all
prosecutions wherein a violation of any ordinance of the city is
charged.
(Prior Code, § 15-1; Code 1999, § 6-103)
**State Law reference**--- Similar provisions, 11 O.S. § 27-103.
::: phx-name
[Sec 6-104 Change Of Venue; Disqualification Of
Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-104_Change_Of_Venue;_Disqualification_Of_Judge){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No change of venue shall be allowed from any municipal court, but
the judge of the municipal court may be disqualified under the same
terms and conditions as are now provided by law for courts of
record.
2. In the event of an ethical disqualification by a municipal judge,
the senior municipal judge may appoint, on a case-by-case basis, a
sitting municipal judge in another municipality within the same
county or an adjacent county to act as a special judge for the
purposes of hearing the case.
(Prior Code, § 15-15; Code 1999, § 6-104)
**State Law reference**--- Similar provisions, 11 O.S. § 27-105.
::: phx-name
[Sec 6-105 Chief Of Police As Principal Officer Of
Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-105_Chief_Of_Police_As_Principal_Officer_Of_Court){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All writs or processes of the court shall be directed, in his official
title, to the chief of police, who shall be the principal officer of the
court.
(Prior Code, § 15-19; Code 1999, § 6-105)
**State Law reference**--- Similar provisions, 11 O.S. § 27-110.
::: phx-name
[Sec 6-106 Clerk Of Court;
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-106_Clerk_Of_Court;_Duties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The clerk or a deputy designated by him shall be the clerk of the
court.
2. The clerk shall:
1. Assist the judge in recording the proceedings of the court and
in preparing writs, processes and other papers;
2. Administer oaths required in proceedings before the court;
3. Enter all pleadings, processes and proceedings in the dockets of
the courts;
4. Perform such other clerical duties relating to the proceedings
of the court as the judge shall direct; and
5. Receive any receipt for forfeitures, fees, deposits and sums of
money payable to the court and as may be established by the
court or the city council.
3. The clerk shall pay to the clerk of the city all money so received
by him, except such special deposits or fees as shall be received to
be disbursed by him for special purposes. All money paid to the
clerk shall be placed in the general fund of the city, or in such
other fund as the council may direct.
(Prior Code, § 15-16; Code 1999, § 6-106)
**State Law reference**--- Similar provisions, 11 O.S. § 27-109.
::: phx-name
[Sec 6-107 City Attorney, Powers And
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-107_City_Attorney,_Powers_And_Duties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city attorney or his duly designated assistant may be the
prosecuting officer of the court. He may prosecute, in his discretion,
all alleged violations of the ordinances of the city. He shall be
authorized, in his discretion, to prosecute and resist appeals,
proceedings in error and review from this court to any other courts of
the state, and to represent the city in all proceedings arising out of
matters in this court.
(Prior Code, § 15-18; Code 1999, § 6-107)
**State Law reference**--- Similar provisions, 11 O.S. § 27-108.
::: phx-name
[Sec 6-108
Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-108_Bond){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The clerk of the court shall give bond in such sum as set by the
council, in the form provided by state law. When executed, the bond
shall be submitted to the council for approval. When approved, it shall
be filed with the clerk and retained in the municipal archives.
(Prior Code, § 15-17; Code 1999, § 6-108)
**State Law reference**--- Similar provisions, 11 O.S. § 27-111.
::: phx-name
[Sec 6-109 Authority Of Judge To Prescribe
Rules](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-109_Authority_Of_Judge_To_Prescribe_Rules){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The judge may prescribe rules, consistent with the laws of the state and
with the ordinances of the city, for the proper conduct of the business
of the court.
(Code 1999, § 6-109)
**State Law reference**--- Similar provisions, 11 O.S. § 27-114.
::: phx-name
[Sec 6-110 Traffic Violations Bureau Created; Payment Of Fines, Fines In
Lieu Of
Appearance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-110_Traffic_Violations_Bureau_Created;_Payment_Of_Fines,_Fines_In_Lieu_Of_Appearance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A traffic violations bureau is established as a division of the
office of the clerk of the court, to be administered by the clerk or
by subordinates designated for that purpose. Persons who are cited
for violation of one of the following traffic ordinances of the
city, other than:
1. Driving while intoxicated or driving while impaired;
2. Leaving the scene of an accident;
3. Reckless driving;
4. Violation of financial responsibility requirements;
5. Driver\'s license offenses (e.g., suspended, revoked, etc.); or
6. Failure to obey citation;
may elect to pay a fine in the traffic violations bureau according
to a schedule of fines prescribed from time to time by the council.
The payment shall constitute a final determination of the cause
against the defendant.
2. The court may adopt rules to carry into effect this section. If a
defendant who has elected to pay a fine under this section fails so
to do, prosecution shall proceed under the provisions of this
chapter.
(Code 1999, § 6-110)
::: phx-name
[Sec 6-111 Designation Of Fines, Traffic Violations
Bureau](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-111_Designation_Of_Fines,_Traffic_Violations_Bureau){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city council shall designate by motion or resolution the specified
offenses for which payment of fines may be accepted by the traffic
violations bureau and shall specify by suitable schedules the amount of
such fines for first, second and subsequent offenses, and shall further
specify what number of such offenses shall require appearance before the
judge. A copy of the fine schedule shall be kept on file in the office
of the court clerk.
(Code 1999, § 6-111)
::: phx-name
[Sec 6-112 Prosecutions; Filing Of Complaint; Fees, Defects Raised Prior
To
Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-112_Prosecutions;_Filing_Of_Complaint;_Fees,_Defects_Raised_Prior_To_Trial){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All prosecutions for violation of ordinances of this city shall be
styled \"The City of Moore, Oklahoma vs. (naming defendant or
defendants).\" Except as provided hereinafter, prosecutions shall be
initiated by the filing of a written complaint, subscribed and
verified by the person making the complaint, and setting forth
concisely the offense charged.
2. Any person, except a police officer or other employee of the city,
filing a criminal offense complaint in the municipal court shall
deposit with the clerk of the court, unless waived by order of the
court, the court cost fee as provided in this chapter. The court
costs so deposited by such a complainant shall be refunded to the
complainant or person depositing same upon conviction or acquittal
of the defendant; the court costs shall not be refunded if the
charges are dismissed at the request of the complainant who made the
deposit or because the complainant fails or refuses to appear in
court to testify or aid in the prosecution of the charge filed by
such complainant.
3. All defects in the form or substance apparent on the face of a
complaint charging a violation of an ordinance of the city, and
being grounds for motion or demur, may only be raised by an accused
in writing and prior to trial.
4. A complaint may be amended in matter of substance or form at any
time before the defendant pleads, without leave, and may be amended
after plea or order of the court where the same can be done without
material prejudice to the rights of the defendant. No amendment
shall cause any delay of the trial, unless good cause is shown by
affidavit.
(Prior Code, §§ 15-20, 15-21; Code 1999, § 6-112)
**State Law reference**--- Similar provisions, 11 O.S. § 27-115.
::: phx-name
[Sec 6-113 Ordinance Violations; Procedures For Issuing Citation;
Custody,
Arrest](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-113_Ordinance_Violations;_Procedures_For_Issuing_Citation;_Custody,_Arrest){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. If a resident of the city is arrested by a law enforcement officer
for the violation of any traffic ordinance for which other
provisions of this chapter do not apply, or is arrested for the
violation of a nontraffic ordinance, the officer shall immediately
release the person if the person acknowledges receipt of a citation
by signing it. However, the arresting officer need not release the
person if it reasonably appears to the officer that the person may
cause injury to himself or others or damage to property if released,
that the person will not appear in response to the citation, or the
person is arrested for an offense against a person or property. If
the person fails to appear in response to the citation, a warrant
shall be issued for his arrest and his appearance shall be
compelled.
2. If the arrested resident is not released by being permitted to sign
a citation as provided in this section, he shall be admitted to bail
either before or after arraignment, or shall be released on personal
recognizance.
3. If a nonresident of the city is arrested by a law enforcement
officer for a violation of any ordinance for which section 6-114
does not apply, the defendant shall be eligible to be admitted to
bail either before or after arraignment.
4. If the alleged offense is a violation of an ordinance restricting or
regulating the parking of vehicles, including any regulations issued
under such an ordinance, and the operator is not present, the police
officer shall place on the vehicle, at a place reasonably likely to
come to the notice of the operator, a citation conforming
substantially to that prescribed in this section, with such
variation as the circumstances require, the operator of this vehicle
shall be under the same obligation to respond to the citation as if
it had been issued to him personally under subsection (A) of this
section.
(Code 1999, § 6-113)
**State Law reference**--- Similar provisions, 11 O.S. § 27-117.
::: phx-name
[Sec 6-114 Traffic Bail Bond
Act](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-114_Traffic_Bail_Bond_Act){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If a resident or nonresident of a municipality having a municipal court
is arrested by a law enforcement officer solely for a misdemeanor
violation of a traffic ordinance, other than an ordinance pertaining to
a parking or standing traffic violation, and the arrested person is
eligible to sign a written promise to appear and be released upon
personal recognizance as provided for in 22 O.S. § 1115, then the
procedures provided for in the State and Municipal Traffic Bail Bond
Procedure Act (22 O.S. § 1115 et seq.) as applied to municipalities,
shall govern. A municipality, by ordinance, may prescribe a bail bond
schedule for this purpose and may provide for bail to be used as payment
of the fine and costs upon a plea of guilty or nolo contendere, as
provided for in 22 O.S. § 1115.1. Absent such ordinance, the municipal
court may prescribe a bail bond schedule for traffic offenses. The
amount of bail shall not exceed the maximum fine and costs provided by
ordinance for each offense, unless the defendant has a previous history
of failing to appear according to the terms or conditions of a bond, in
which case the amount of bail shall not exceed \$1,000.00.
(Code 1999, § 6-114)
**State Law reference**--- Similar provisions, 11 O.S. § 27-117.1.
::: phx-name
[Sec 6-115 Issuance Of Summons; Failure To
Appear](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-115_Issuance_Of_Summons;_Failure_To_Appear){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Upon the filing of a complaint charging violation of an ordinance,
the judge, unless he determines to issue a warrant of arrest, or
unless the defendant previously has been issued a citation or has
been arrested and has given bond for appearance, shall issue a
summons, naming the person charged, specifying his address or place
of residence, if known, stating the offense with which he is charged
and giving him notice to answer the charge in the court on a day
certain, containing a provision for the official return of the
summons, and including such other pertinent information as may be
necessary.
2. The summons shall be served by delivering a copy to the defendant
personally or by certified mail. If he fails to appear and to answer
the summons within the prescribed period, a warrant shall be issued
for his arrest, as provided by this chapter.
3. Any person who has been duly served with a summons or traffic
citation and who has signed a written promise to appear in court as
directed in the summons or the citation or as subsequently directed
by the court, and who fails to appear pursuant to his written
promise or as directed by the court, shall be deemed guilty of an
offense, which shall be punishable as provided in section 1-108.
(Prior Code, § 15-22; Code 1999, § 6-115)
::: phx-name
[Sec 6-116 Failure To Appear According To Terms Of Bond, Bond
Forfeiture, Bench
Warrant](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-116_Failure_To_Appear_According_To_Terms_Of_Bond,_Bond_Forfeiture,_Bench_Warrant){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. If, without sufficient excuse, a defendant fails to appear according
to the terms or conditions of his bond, either for hearing,
arraignment, trial or judgment, or upon any other occasion when his
presence in court or before the judge may be lawfully required or
ordered, the judge may direct that fact to be entered upon the court
minutes, thereby declaring the bond to be forfeited. The judge may
also order a bench warrant to be issued for the defendant as
provided in this chapter.
2. The judge, without advancing court costs, may also cause the
forfeiture to be certified to the district court of the county,
where it shall be entered upon the judgment docket and shall have
the full force and effect of a district court judgment. At such time
as the forfeiture is entered upon the district court judgment
docket, the district court clerk shall proceed in accordance with
the provisions of 59 O.S. §§ 1330, 1332, 1333 and 1335, and a surety
shall have all remedies available under the provisions of 22 O.S. §
1108 and 59 O.S. §§ 1301 through 1340.
3. Court costs shall be collectible from the proceeds of the bond.
(Code 1999, § 6-116)
**State Law reference**--- Similar provisions, 11 O.S. § 27-118.
::: phx-name
[Sec 6-117 Complainant, Witnesses, Failure To
Appear](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-117_Complainant,_Witnesses,_Failure_To_Appear){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person, having signed a complaint in the municipal court of the city
alleging the violation of an ordinance or any other person in response
to an order of the court, shall fail, refuse or neglect to appear for
the purpose of testifying as a witness at the trial of the case, after
having been notified of the time, date and place at which the case is
set for trial.
(Code 1999, § 6-117)
::: phx-name
[Sec 6-118 Arrests, Release By Signing Citation; Bail; Amount And
Conditions, Temporary Cash
Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-118_Arrests,_Release_By_Signing_Citation;_Bail;_Amount_And_Conditions,_Temporary_Cash_Bond){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. If a resident of the city is arrested by a law enforcement officer
for the violation of any traffic ordinance for which 11 O.S. §
27-117.1 does not apply, or is arrested for the violation of a
nontraffic ordinance, the officer shall immediately release said
person if the person acknowledges receipt of a citation by signing
it; provided, however, the arresting officer need not release said
person if it reasonably appears to the officer that the person may
cause injury to himself or others or damage to property if released,
that the person will not appear in response to the citation, or the
person is arrested for an offense against a person or property. If
said person fails to appear in response to the citation, a warrant
shall be issued for his arrest and his appearance shall be
compelled. If the arrested resident is not released by being
permitted to sign a citation as provided for in this subsection, he
shall be admitted to bail either before or after arraignment, or
shall be released on personal recognizance. A municipality may
prescribe a fine for up to the maximum amount authorized by courts
not of record for failure of a person to have a valid driver\'s
license when charged with a traffic violation.
2. If a nonresident of the city is arrested by a law enforcement
officer for a violation of any ordinance for which 11 O.S. §
27-117.1 does not apply, the defendant shall be eligible to be
admitted to bail either before or after arraignment.
3. The amount and conditions of bail granted pursuant to the provisions
of subsections (A) and (B) of this section shall be determined by
the judge who shall prescribe rules for the receipt of bail and for
the release on personal recognizance. The amount of bail for each
offense shall not exceed the maximum fine plus court costs, unless
the defendant has a previous history of failing to appear according
to the terms or conditions of a bond, in which case the amount of
bail shall not exceed \$1,000.00. In the event of arrests at night,
emergencies, or when the judge is not available, a court official,
the chief of police or his designated representative may be
authorized by the judge, subject to such conditions as shall be
prescribed by the judge, to accept a temporary cash bond in a
sufficient amount to secure the appearance of the accused. The cash
bond shall not exceed the maximum fine provided for by ordinance for
each offense charged, unless the defendant has a previous history of
failing to appear according to the terms or conditions of a bond, in
which case the amount of the cash bond shall not exceed \$1,000.00.
The court official, chief of police or his designated representative
is authorized, subject to such conditions as shall be prescribed by
the judge, to release a resident of the city on personal
recognizance.
(Prior Code, § 15-23; Code 1999, § 6-118)
**State Law reference**--- Similar provisions, 11 O.S. § 27-117.
::: phx-name
[Sec 6-119 Procedures For Bail Or Bond
Schedule](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-119_Procedures_For_Bail_Or_Bond_Schedule){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Upon arrest, or upon appearance without arrest in response to
citation or summons, or at any time before trial, before or after
arraignment, the defendant may be eligible to be released upon
giving bail for his appearance in an amount and upon conditions
fixed by this chapter or the judge, who shall prescribe appropriate
rules of court for the receipt of bail and release of the defendant.
In case of arrests made at night or under other conditions of
emergency or when the judge is not available, the rules shall
authorize the chief of police, or his designated representative, to
accept a temporary bond, in the form of cash, money order, credit
card, or surety bond by a licensed bondsman, of not less than
\$10.00 nor more than the maximum monetary penalty provided by
ordinance for the offense charged. The judge or police chief is
authorized, subject to conditions as may be prescribed by the judge,
to release a resident of the city on personal recognizance.
2. The city\'s bail bond schedule setting forth specific offenses and
bail bond amounts and procedures therefor, as amended from time to
time, is hereby adopted and incorporated herein by reference.
(Prior Code, § 15-24; Code 1999, § 6-119; Ord. No. 408(03), 5-5-2003;
Ord. No. 513(05), 8-15-2005)
::: phx-name
[Sec 6-120
Arraignment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-120_Arraignment){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Upon making his appearance before the court, the defendant shall be
arraigned. The judge, or the city attorney, shall read the complaint to
the defendant, inform him of his legal rights, including the right of
trial by jury, if available, and of the consequences of conviction, and
ask him whether he pleads guilty or not guilty. If the defendant pleads
guilty, the court may proceed to judgment and sentence or may continue
the matter for subsequent disposition. If the plea is not guilty, and
the case is not for jury trial, the court may proceed to try the case,
or may set it for hearing at a later date.
(Prior Code, § 15-25; Code 1999, § 6-120)
::: phx-name
[Sec 6-121 Postponement Of
Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-121_Postponement_Of_Trial){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Before trial commences, either party, upon good cause shown, may obtain
a reasonable postponement thereof. If the continuance of any matter is
by motion or request of the defendant, a fee as established by the fee
schedule shall be added, unless waived by the court, to the court costs
authorized by section 6-127.
(Prior Code, § 15-26; Code 1999, § 6-121)
::: phx-docs
HISTORY\
*Amended by Ord.
[794(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325950_Ordinance%20No.%20794%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 7/6/2015\
*
:::
::: phx-name
[Sec 6-122 Defendant\'s Presence Required At
Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-122_Defendant's_Presence_Required_At_Trial){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The defendant must be present in person at the trial of his case in
court.
(Prior Code, § 15-27; Code 1999, § 6-122)
::: phx-name
[Sec 6-123 Procedure For Trials Not Within Scope Of
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-123_Procedure_For_Trials_Not_Within_Scope_Of_Chapter){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Except as otherwise provided for by law, the code of procedure in the
municipal court shall be the same as is provided for by law for the
trial of misdemeanors. The court shall take judicial notice of state
statutes and the ordinances of the city in which it is located. Writs
and processes of the court may be issued by the judge or clerk thereof
to any proper officer. All writs and processes of the municipal court in
which a violation of a municipal ordinance is charged shall be directed
to the chief of police, a county sheriff, or to some other appropriate
peace officer. A law enforcement officer of the city or county sheriff
may serve an arrest warrant issued by the municipal court any place
within the state. If the warrant is served by a county sheriff, the city
shall pay the sheriff\'s service fee account a fee of \$20.00.
(Prior Code, § 15-28; Code 1999, § 6-123)
**State Law reference**--- Similar provisions, 11 O.S. § 27-113.
::: phx-name
[Sec 6-124
Judgment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-124_Judgment){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
At the close of trial, judgment must be rendered without undue delay by
the judge, who shall cause it to be entered in his docket.
1. If judgment is of acquittal, and the defendant is not to be detained
for any other legal cause, he must be discharged at once;
2. If the defendant pleads guilty or is convicted after trial, the
court must render judgment thereon, fixing the penalty within the
limits prescribed by the applicable ordinance and imposing sentence
accordingly; and
3. A judgment that the defendant pay a fine may direct also that he be
imprisoned until the fine is satisfied, as provided in section
6-128.
(Prior Code, §§ 15-30---15-33; Code 1999, § 6-124)
::: phx-name
[Sec 6-125 Judgment Of
Imprisonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-125_Judgment_Of_Imprisonment){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If, after conviction, judgment of imprisonment is entered, a copy
thereof, certified by the clerk, shall be delivered to the chief of
police, the sheriff of the county, or other appropriate officer. Such
copy shall be sufficient warrant for execution of the sentence.
(Prior Code, § 15-34; Code 1999, § 6-125)
::: phx-name
[Sec 6-126 Suspension Or Deferment Of Judgment,
Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-126_Suspension_Or_Deferment_Of_Judgment,_Powers){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The judge of the court in imposing a judgment and sentence, at his
discretion, is empowered to modify, reduce or suspend or defer the
imposition of such sentence or any part thereof and to authorize the
person to be released upon his own recognizance for a period not to
exceed six months from the date of the sentence, under such terms or
conditions as the judge may specify. The judge may, with the consent
of the defendant, defer further proceedings, after a verdict,
finding or plea of guilty, but before passing a judgment of guilt
and imposing a fine, and place the defendant on probation for a
period not to exceed six months, under such terms and conditions as
prescribed by the court, which may include, but not be limited to,
work on the streets, parks or other city-owned or maintained
projects, with proper supervision.
2. A defendant is not entitled to a deferred sentence if the defendant
has been previously convicted of a felony.
3. Upon a finding of the court that the conditions of release have been
violated, the municipal judge may enter a judgment of guilty and may
cause a warrant to be issued for the defendant.
4. Upon the issuance of the warrant or judgment of guilty being
entered, the person shall be delivered forthwith to the place of
confinement to which he is sentenced and shall serve out the full
term or pay the full fine for which he was originally sentenced as
may be directed by the judge.
5. The judge may continue or delay imposing a judgment and sentence for
a period of time not to exceed six months from the date of the
sentence. At the expiration of such period, the judge may allow the
city attorney to amend the charge to a lesser offense.
6. If a deferred sentence is imposed, an administrative fee or fee in
lieu of a fine of up to \$200.00 for traffic offenses involving
speeding or parking violations, up to \$500.00 for all other
violations, and up to \$800.00 for drug and alcohol violations, may
be imposed as costs in the case. The court may make payment of the
fee a condition of granting or continuing the imposition of a
sentence, if the defendant is able to pay.
7. The court may also require restitution and in the event there was
damage done to public or private property during the commission of
the offense, the court may require the defendant to repair or
replace such damaged property as a condition to a deferred sentence
as may be directed by the court.
(Prior Code, §§ 15-35, 15-36; Code 1999, § 6-126; Ord. No. 459,
8-1-1988; Ord. No. 481(04), 10-18-2004; Ord. No. 553(06), 9-5-2006)
**State Law reference**--- Similar provisions, 11 O.S. § 27-123.
::: phx-name
[Sec 6-127 Payment Of Costs By
Defendant](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-127_Payment_Of_Costs_By_Defendant){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. If judgment of conviction is entered, after the conclusion of a
trial or by plea of guilty or nolo contendere in open court before
the municipal judge, the clerk of the court shall tax the costs to
the defendant in the maximum sum permitted by state law, plus the
fees and mileage of jurors and witnesses, plus a technology fee,
plus a fee for the filing of an expungement order, continuance fees,
all of which the defendant shall pay, in addition to any fine may
which be imposed.
2. Except as otherwise provided in this section, the municipal attorney
may ask the court to require a person confined in a city or county
jail, for any offense, to pay the jail facility the costs of
incarceration, both before and after conviction, upon conviction or
receiving a deferred sentence. The costs of incarceration shall be
collected by the clerk of the court. Costs of incarceration shall
include booking, receiving and processing out, housing, food,
clothing, medical care, dental care, and psychiatric services. The
costs of incarceration shall be an amount equal to the actual cost
of the services and shall be determined by the chief of police for
city jails, or by contract amount, if applicable. The cost of
incarceration shall be paid to the municipality, county or other
public entity responsible for the operation of all jail facilities
where the person is held before and after conviction. The costs
shall not be assessed if the defendant is a mentally ill person as
defined by 43A O.S. § 1-103. Ten percent of any amount collected
shall be paid to the municipal attorney\'s office, the remaining
amount shall be paid to the municipality, the sheriff\'s service fee
account, if the sheriff does not operate the jail facility, the
remaining amount shall be deposited with the public entity
responsible for the operation of the jail facility where the person
is held.
3. Any offender injured during the commission of a felony or
misdemeanor offense shall be required to reimburse the sheriff,
municipality or other public entity responsible for the operation of
the jail, the full amount paid by the sheriff, municipality or other
public entity responsible for the operation of the jail for any
medical care or treatment administered to such offender during any
period of incarceration or preceding incarceration in that jail
facility. The sheriff, municipality or other public entity
responsible for the operation of the jail may deduct the costs of
medical care and treatment resulting from the commission of a felony
or misdemeanor offense from any money collected from such inmate\'s
jail account as authorized by 19 O.S. § 531. If the funds collected
from the inmate\'s jail account are insufficient to satisfy the
actual medical costs paid as a result of the commission of a felony
or misdemeanor offense, the court shall order the remaining balance
of the medical care treatment to be paid.
(Prior Code, § 15-37; Code 1999, § 6-127; Ord. No. 467, 10-17-1988; Ord.
No. 274(00), 2-22-2000; Ord. No. 409(03), 5-19-2003; Ord. No. 564(06),
10-16-2006)
::: phx-docs
HISTORY\
*Amended by Ord.
[795(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326001_Ordinance%20No.%20795%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 7/6/2015\
*
:::
::: phx-name
[Sec 6-128 Witness
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-128_Witness_Fees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Witnesses in any proceeding in the court, other than police or peace
officers who shall be employed by the city, shall be entitled to a
witness fee as established by the city council by motion or
resolution per each day of attendance, plus mileage per mile
actually and necessarily traveled in going to and returning from the
place of attendance, if the residence is more than ten miles distant
from the place of trial. No witness, however, shall receive fees or
mileage in more than one case for the same period of time or for the
same travel. A defendant seeking to subpoena witnesses must deposit
with the court clerk a sum sufficient to cover fees and mileage for
one day of attendance for each witness to be summoned, but such
deposit shall not be required from an indigent defendant who files
an affidavit setting forth:
1. The names of no more witnesses than the municipal judge for the
city shall determine to be just, necessary and reasonable for
the proper defense of such indigent\'s case;
2. That the defendant by reason of his poverty is unable to provide
the fees and mileage allowed by law;
3. That the testimony of such witness is material; and
4. That the attendance at the trial is necessary to his proper
defense.
2. In any case where an indigent defendant has properly filled out and
filed with the city an affidavit setting forth the above-mentioned
information, the fees for such witnesses shall be paid for by the
city.
(Prior Code, § 15-29; Code 1999, § 6-128)
::: phx-name
[Sec 6-129 Enforcement Of Fines And Costs, Imprisonment, Work And
Community
Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-129_Enforcement_Of_Fines_And_Costs,_Imprisonment,_Work_And_Community_Service){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. If a defendant who is financially able refuses or neglects to pay a
fine or costs, or both, payment may be enforced:
1. By imprisonment until the same shall be satisfied at the rate of
\$25.00 per day;
2. The amount established by state law; or
3. In the same manner as is prescribed in subsection (B) of this
section for a defendant who is without means to make such
payment.
2. If the defendant is without means to pay the fine or costs, the
municipal judge may direct the total amount due to be entered upon
the court minutes and to be certified to the district court in the
county where the situs of the municipal government is located, where
it shall be entered upon the district court judgment docket and
shall have the full force and effect of a district court judgment.
The same remedies shall be available for the enforcement of the
judgment as are available to any other judgment creditor.
3. All defendants, upon conviction or on plea of guilty, may work on
community projects, the public streets, avenues or ways, public
buildings or other public premises or property as may be ordered by
the judge. For such work, the defendant shall be credited toward any
fine or costs or witness or juror fees or mileage until the same are
satisfied.
4. The city shall direct where the work shall be performed. The
appropriate officer shall oversee the work. If a guard is necessary,
the chief of police shall make provision therefor.
(Code 1999, § 6-129)
**State Law reference**--- Similar provisions, 11 O.S. § 27-122.
::: phx-name
[Sec 6-130 Same Offense Punishable By Different Sections Of
Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-130_Same_Offense_Punishable_By_Different_Sections_Of_Code){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In all cases where the same offense is made punishable or is created by
different sections of this Code, the city attorney may elect under which
to proceed, but not more than one recovery shall be had against the same
person for the same offense.
(Code 1999, § 6-130)
::: phx-name
[Sec 6-131 Contempt Of
Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-131_Contempt_Of_Court){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Obedience to the orders, rules and judgments made by the court may be
enforced by the judge, who may fine or imprison for contempt committed
as to him while holding court, or committed against process issued by
him, in the same manner and to the same extent as the district courts of
the state.
(Prior Code, § 15-38; Code 1999, § 6-131)
::: phx-name
[Sec 6-132 Juvenile Traffic
Offenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-132_Juvenile_Traffic_Offenses){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The municipal court of the city shall have the power to try minors
for violation of all ordinances pertaining to traffic matters and as
otherwise set forth by state law.
2. When the person charged with a municipal traffic violation is a
minor, the citing police officer shall ascertain from the minor the
name and address of his parent or legal guardian, and that officer
shall cause a copy of the violation or a letter containing the same
information to be mailed to the address of the parent or legal
guardian, within three days after the date of the violation.
3. All actions against minors for violation of municipal traffic
offenses shall be heard and determined in the manner provided by law
for the trial of all other municipal traffic offenses and shall
carry the same penalty upon conviction, except no minor may be
detained in any jail, adult lockup, or other adult detention
facility.
4. For purposes of enforcing this section relation to traffic offenses
committed by minors, a minor shall be defined as a person between
the ages of 18 and 14 years of age, inclusive.
(Prior Code, § 15-4, in part; Code 1999, § 6-132)
**State Law reference**--- Juvenile jurisdiction, 10A O.S. § 2-2-103.
::: phx-name
[Sec 6-133 Penalty
Assessments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-133_Penalty_Assessments){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any person:
1. Convicted of an offense punishable by a fine of \$10.00 or more
or by imprisonment, excluding parking and standing violations;
or
2. Forfeiting bond when charged with such an offense under
subsection (A)(1) of this section;
shall pay a sum as set by state law as a separate penalty assessment
for law enforcement training, and as a separate fingerprinting fee,
which shall be in addition to and not in substitution for any and
all fines and penalties and costs otherwise provided for such
offense. The court shall provide for separate bail for the
assessments; however, a defendant admitted to bail on an undertaking
by a surety may include the amount of the assessment in the
undertaking.
2. Upon conviction or bond forfeiture, the court shall collect the
assessment and deposit the monies for payment as required by state
law.
3. At the end of every quarter the city shall deposit with the state
treasury the funds deposited in the law enforcement training funds
and the A.F.I.S. (automated fingerprint identification system) fund
as required by law. The court clerk shall also furnish to the state
treasury reports required on the funds collected and penalty
assessments imposed each quarter.
4. For the purpose of this section, the term \"conviction\" means any
final adjudication of guilt, whether pursuant to a plea of guilty or
nolo contendere or otherwise, and any deferred or suspended sentence
or judgment.
(Prior Code, § 15-37.1; Code 1999, § 6-133; Ord. No. 349, 12-19-1983)
::: phx-name
[Sec 6-134 Fines Recoverable By Civil Action; Failure To Pay Separate
Offense,
Imprisonment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-134_Fines_Recoverable_By_Civil_Action;_Failure_To_Pay_Separate_Offense,_Imprisonment){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All fines shall be recoverable by civil action before any court of
competent jurisdiction in addition to any other method provided by
law.
2. The failure to pay a fine levied pursuant to this Code shall
constitute a separate offense against the city, subject to a fine as
provided in section 1-108.
3. If a fine is not paid by the defendant, the fine may be collected by
working in accordance with other provisions of this Code or state
law.
(Code 1999, § 6-134)
::: phx-name
[CHAPTER 6-2
JUDGE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-2_JUDGE){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 6-201 Created;
Qualifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-201_Created;_Qualifications){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-202 Term Of
Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-202_Term_Of_Office){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-203 Acting
Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-203_Acting_Judge){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-204 Appointment Of Judge, Alternate
Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-204_Appointment_Of_Judge,_Alternate_Judge){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-205
Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-205_Compensation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-206 Removal Of Judge From
Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-206_Removal_Of_Judge_From_Office){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-207
Vacancy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-207_Vacancy){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-208 Additional Duties Of Judge, Advice To Boards And
Commissions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-208_Additional_Duties_Of_Judge,_Advice_To_Boards_And_Commissions){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 6-201 Created;
Qualifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-201_Created;_Qualifications){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There shall be one judge of the court. The judge shall be duly licensed
to practice law in the state. He need not reside within the city. He may
engage in the practice of law while serving as municipal judge. He may
serve as judge of other municipal courts if such service may be
accomplished consistently with his duties as judge of this court, with
the consent of the council.
(Prior Code, § 15-5; Code 1999, § 6-201)
**State Law reference**--- Similar provisions, 11 O.S. § 27-104.
::: phx-name
[Sec 6-202 Term Of
Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-202_Term_Of_Office){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The official term of the judge shall be indefinite.
(Prior Code, § 15-7; Code 1999, § 6-202)
**State Law reference**--- Similar provisions, 11 O.S. § 27-104.
::: phx-name
[Sec 6-203 Acting
Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-203_Acting_Judge){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If at any time there is no judge duly appointed and qualified available
to sit as judge, a person possessing the qualifications required by this
chapter for the judge shall be appointed by the city manager as acting
judge. The acting judge shall preside as acting judge over the court in
the disposition of pending matters until such time as a judge or
alternate judge shall be available.
(Prior Code, § 15-11; Code 1999, § 6-203)
::: phx-name
[Sec 6-204 Appointment Of Judge, Alternate
Judge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-204_Appointment_Of_Judge,_Alternate_Judge){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Judges shall be appointed as provided in the city Charter.
2. There may be appointed for each judge of the court an alternate
judge possessed of the same qualifications as the judge. His
appointment shall be for the same term and made in the same manner
as the judge. He shall sit as judge of the court in any case if the
judge is absent from court, unable to act as judge, or disqualified
from acting as judge in the case.
(Prior Code, §§ 15-6, 15-11; Code 1999, § 6-204)
::: phx-name
[Sec 6-205
Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-205_Compensation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A judge shall receive such salary as may be established and shall be
paid in the same manner as the salaries of other officials of the city.
(Code 1999, § 6-205)
::: phx-name
[Sec 6-206 Removal Of Judge From
Office](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-206_Removal_Of_Judge_From_Office){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Judges shall be subject to removal from office by the council for
the causes prescribed by the constitution and laws of the state for
the removal of public officers. Proceedings for removal shall be
instituted by the filing of a verified written petition, setting
forth facts sufficient to constitute one or more legal grounds for
removal. Petitions may be signed and filed by the mayor, or 25 or
more qualified electors of the city. In the latter event,
verification may be executed by one or more of the petitioners.
2. The council shall set a date for hearing the matter and shall cause
notice thereof, together with a copy of the petition, to be served
personally upon the judge at least ten days before the hearing. At
the hearing, the judge shall be entitled to representation by
counsel, to present testimony and to cross examine the witnesses
against him, and to have all evidence against him presented in open
hearing.
3. So far as can be made applicable, the provisions of the Oklahoma
Administrative Procedure Act (75 O.S. § 250 et seq.) governing
individual proceedings shall govern removal proceedings hereunder.
4. Judgment of removal shall be entered only upon individual votes, by
a majority of all members of the council, in favor of such removal.
(Prior Code, § 15-13; Code 1999, § 6-206)
**State Law reference**--- Similar provisions, 11 O.S. § 27-104.
::: phx-name
[Sec 6-207
Vacancy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-207_Vacancy){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A vacancy in the office of judge shall occur if the incumbent:
1. Dies;
2. Resigns;
3. Ceases to possess the qualifications for the office; or
4. Is removed, and the removal proceeding has been affirmed finally
in judicial proceedings or is no longer subject to judicial
review.
2. Upon the occurrence of a vacancy in the office of judge, the city
manager shall appoint a successor to complete the unexpired term,
upon the same procedure as an original appointment is made.
(Prior Code, § 15-14; Code 1999, § 6-207)
::: phx-name
[Sec 6-208 Additional Duties Of Judge, Advice To Boards And
Commissions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-208_Additional_Duties_Of_Judge,_Advice_To_Boards_And_Commissions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The judge is hereby given additional duties and responsibilities to
appear and advise all boards and commission on all procedural and
other legal matters that may come before the boards and commissions
while the boards and commissions are hearing contested appeals and
conducting adversary proceedings. Such boards shall include, but not
be limited to, the personnel board, board of adjustment, planning
and zoning commission, pre-determination employment hearings,
grievance hearings conducted by the personnel board or by boards
established in labor contracts with the city, and any other
contested hearings or adversary proceeding hearing for which the
judge is directed by the city council or the city manager to appear
and advise.
2. The judge shall be paid extra compensation for the additional
services require by the terms of this section. The judge shall
submit a claim at the conclusion of each hearing for his fee for the
time devoted to such individual hearing.
(Code 1999, § 6-208; Ord. No. 415, 10-20-1986)
::: phx-name
[CHAPTER 6-3 JURY
TRIALS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-3_JURY_TRIALS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 6-301 Right To Trial By Jury,
Waiver](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-301_Right_To_Trial_By_Jury,_Waiver){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-302 Selection Of
Jurors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-302_Selection_Of_Jurors){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-303 Summons Of Jurors; Form;
Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-303_Summons_Of_Jurors;_Form;_Service){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-304 Composition Of Jury; Duty Of
Jurors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-304_Composition_Of_Jury;_Duty_Of_Jurors){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-305 Determination Of Questions Of
Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-305_Determination_Of_Questions_Of_Law){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-306
Verdict](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-306_Verdict){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-307 Juror\'s
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-307_Juror's_Fees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-308 Cost Bond For Jury
Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-308_Cost_Bond_For_Jury_Trial){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-309 Misconduct Of Jurors
Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-309_Misconduct_Of_Jurors_Generally){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-310 Responsibility Of Officer In Charge Of
Jury](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-310_Responsibility_Of_Officer_In_Charge_Of_Jury){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 6-301 Right To Trial By Jury,
Waiver](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-301_Right_To_Trial_By_Jury,_Waiver){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. In all prosecutions for violations of ordinances punishable by fine
of more than the amount specified under 11 O.S. Section 27-119, or
by imprisonment, or by both fine and imprisonment, trial shall be by
jury unless waived by the defendant. If trial by jury is waived,
trial shall be by the court.
2. At arraignment, the defendant shall be asked whether he demands or
waives trial by jury. His election shall be recorded in the minutes
of the arraignment and entered on the docket of the court respecting
proceedings in the case.
3. An election waiving jury trial, made at arraignment, may be changed
by the defendant at any time prior to the day for which trial by the
court is set. An election demanding jury trial may be changed at any
time prior to the commencement of proceedings to impanel the jury
for the trial; but if that change occurs after the case has been set
for jury trial, it may not thereafter be rechanged so as again to
demand trial by jury.
(Prior Code, §§ 15-51---15-53; Code 1999, § 6-301; Ord. No. 135(95),
11-6-1995)
**State Law reference**--- Similar provisions, 27 O.S. § 27-119.
::: phx-docs
HISTORY\
*Amended by Ord.
[969(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1623785603_Ordinance%20969.21.pdf){.k-link
target="_blank" style="color:#0000EE"} on 3/15/2021\
*
:::
::: phx-name
[Sec 6-302 Selection Of
Jurors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-302_Selection_Of_Jurors){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Jurors in the municipal court shall be selected pursuant to this section
under the same terms and conditions as are provided for by law for the
district courts, or in the alternative, pursuant to 38 O.S. § 18.1. Upon
written request of the judge of the municipal court for a stated number
of jurors to the chief judge of the appropriate district court, it shall
be the duty of the clerk of the district court to draw from the jury
wheel a requested number of jurors in the same manner as is provided by
law for the district court until the number requested, who from their
addresses appear to reside within the corporate limits of the city, is
drawn, and to prepare a list of names drawn and certify such list to the
judge of the municipal court. On completion of the draw, the clerk shall
immediately return to the jury wheel all names drawn which are not
placed on the certified list. The judge of the municipal court shall
make written request to the chief judge of the district court for a
stated number of additional jurors if, after allowance of claimed
statutory exemptions, the listed number is found to be insufficient.
Summons of the prospective jurors shall be issued as set out by
ordinance, and may be served in person by the chief of police or any
member of the police force of the city, or may be served by the clerk of
the municipal court by mail.
(Prior Code, § 15-54; Code 1999, § 6-302)
**State Law reference**--- Similar provisions, 27 O.S. § 27-120.
::: phx-name
[Sec 6-303 Summons Of Jurors; Form;
Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-303_Summons_Of_Jurors;_Form;_Service){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Upon receipt of the jury list, the clerk of the court shall cause a
summons substantially in the following form to be issued and served
upon each person on the list:\
----------------------- ----------------------- -----------------------
State of Oklahoma\ ) \
\ ) ss.
County of Cleveland\ ) \
----------------------- ----------------------- -----------------------
To (name of juror) Greetings: You hereby are summoned to appear in
the Municipal Court for the City of Moore, Oklahoma, to be held at
(specify the address, room number, etc.) on the \_\_\_ day of
\_\_\_\_\_\_\_\_, \_\_\_, at the hour of (specify hour) to serve as
a juror in the Court, and to continue in such service until
discharged by the Court.\
Hereof fail not, under penalty of law.\
Issued under the authority of the Court, this \_\_\_ day of
\_\_\_\_\_\_\_\_, 2\_\_\_.\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Clerk of the Municipal Court of Moore, Oklahoma\
Seal of the Court
2. Service shall be made, as the judge may prescribe by rule or direct
by order, either in person upon the juror by the marshal of the
court or by any member of the police force of the city, or the clerk
of the court, through certified mail, directed to the juror at his
address as given in the jury list, with request for a personally
signed return receipt. In any proceeding wherein service of summons
by mail is in issue, evidence of the due mailing of the summons by
the clerk or a member of his staff and the presentation of an
official postal return receipt purportedly signed by the addressee
shall be prima facie evidence that the summons was duly received by
the addressee and, therefore, that he was properly served therewith.
(Prior Code, § 15-55; Code 1999, § 6-303)
::: phx-name
[Sec 6-304 Composition Of Jury; Duty Of
Jurors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-304_Composition_Of_Jury;_Duty_Of_Jurors){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A jury in the court shall consist of six jurors, good and lawful men
or women, citizens of the county possessing the qualifications of
jurors in district court.
2. After the jurors are sworn, they must sit together and hear the
proofs and oral arguments of the parties, which must be delivered in
public and in the presence of the defendant.
3. A verdict of the jury may be rendered by the vote of five jurors.
(Prior Code, §§ 15-56, 15-57, 15-60; Code 1999, § 6-304)
**State Law reference**--- Similar provisions, 27 O.S. § 27-119.
::: phx-name
[Sec 6-305 Determination Of Questions Of
Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-305_Determination_Of_Questions_Of_Law){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In all actions tried before a jury, the judge shall determine all
questions of law, including questions as to the introduction of
evidence, arising during the trial. He also shall instruct the jury as
to the law.
(Prior Code, § 15-58; Code 1999, § 6-305)
::: phx-name
[Sec 6-306
Verdict](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-306_Verdict){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The verdict of the jury, in all cases, must be general. When the
jury has arrived at its verdict, it must deliver the verdict in the
docket or cause it to be so entered.
2. The jury must not be discharged after the cause is submitted to it
until a verdict is rendered unless the judge, for good cause,
discharges it sooner, in which event the court may proceed again to
trial until a verdict is rendered.
(Prior Code,§§ 15-59, 15-61; Code 1999, § 6-306)
::: phx-name
[Sec 6-307 Juror\'s
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-307_Juror's_Fees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Jurors shall receive for their services the sum as set by the council
per day, plus mileage at a rate per mile for each mile necessarily
traveled by the most direct route in going to and from the court one
time each day from their respective places of residence. The claims for
such compensation shall show the location of the juror\'s residence and
the route and miles traveled, and must be verified as other claims
against the city are verified.
(Prior Code, § 15-64; Code 1999, § 6-307)
::: phx-name
[Sec 6-308 Cost Bond For Jury
Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-308_Cost_Bond_For_Jury_Trial){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
When an accused requests a jury trial in the municipal court, the court
may fix a reasonable sum as a cost bond and require the accused to
deposit the same prior to trial.
(Code 1999, § 6-308)
::: phx-name
[Sec 6-309 Misconduct Of Jurors
Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-309_Misconduct_Of_Jurors_Generally){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No juror or person drawn or summoned as a juror in the municipal
court shall either make any promise or agreement to give a verdict
for or against the city, permit any communication to be made to him,
or receive any book, paper, instruments or information relative to
any cause pending before him, except in the regular course of
proceedings and the trial of the case.
2. No juror summoned by the court shall ask, receive or agree to
receive, any bribe upon any understanding concerning his vote or
decision upon any case in which he may be selected as a juror in the
court.
3. No person shall attempt to influence a juror summoned to appear in
the court, or any person summoned as a juror, in respect to his
verdict, either by means of communication, oral or written, had by
him, except in the regular course of proceedings; by means of any
books, paper or instruments, exhibited otherwise than in the regular
course of proceedings, by any means of threat or intimidation; by
means of any assurance, promise of any pecuniary or other advantage,
by publishing any statement, argument, or observation relating to
the case; or by talking with such juror concerning the case in any
way.
(Prior Code, § 15-62; Code 1999, § 6-309)
::: phx-name
[Sec 6-310 Responsibility Of Officer In Charge Of
Jury](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-310_Responsibility_Of_Officer_In_Charge_Of_Jury){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No officer to whose charge any jury is committed by the municipal court
shall neglect or willfully permit such juror or any of them, either to
receive any communication from any person; to make any communication to
any person; to obtain or to receive any book, paper, or refreshment; or
to leave the jury room without leave of the court being first obtained.
(Prior Code, § 15-63; Code 1999, § 6-310)
::: phx-name
[CHAPTER 6-4 PROCEEDING AGAINST
CORPORATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_6-4_PROCEEDING_AGAINST_CORPORATIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 6-401 Summons; Issuance To
Corporations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-401_Summons;_Issuance_To_Corporations){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-402 Form Of Corporation
Summons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-402_Form_Of_Corporation_Summons){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-403 Service Of
Summons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-403_Service_Of_Summons){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-404
Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-404_Trial){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 6-405 Collection Of
Fines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-405_Collection_Of_Fines){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 6-401 Summons; Issuance To
Corporations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-401_Summons;_Issuance_To_Corporations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Upon complaint against a corporation being filed with the municipal
court, the judge shall issue a summons signed by him with his title of
office, requiring a duly authorized officer of the corporation to appear
before him at a specific time and place to answer the complaint. The
time for such appearance shall not be less than five days after issuance
of summons.
(Code 1999, § 6-401)
::: phx-name
[Sec 6-402 Form Of Corporation
Summons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-402_Form_Of_Corporation_Summons){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The summons authorized by section 6-401 must be in substantially the
following form:
In the name of the City of Moore, Oklahoma.
To \_\_\_\_\_\_\_\_\_\_\_.
You are hereby summoned to appear before me at \_\_\_\_\_ (place) on
\_\_\_\_\_ (date and hour) to answer the complaint made against you upon
the complaint of \_\_\_\_\_ for the offense of \_\_\_\_\_ (designating
offense generally).
Dated at the City of Moore, Oklahoma, this \_\_\_\_\_.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Municipal Judge
(Code 1999, § 6-402)
::: phx-name
[Sec 6-403 Service Of
Summons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-403_Service_Of_Summons){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The summons authorized by section 6-401 must be served by certified
mail, personally delivering a copy to, or other means authorized by
state law on the registered agent of the corporation at least ten days
before the day of appearance fixed therein, and may also be served by
certified mail or other means to the president or head of the
corporation, or to the secretary, cashier or managing agent thereof.
(Code 1999, § 6-403)
::: phx-name
[Sec 6-404
Trial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-404_Trial){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
At the time appointed in the summons authorized by section 6-401, the
municipal judge shall try the complaint in the same manner as in the
case of a natural person brought before him.
(Code 1999, § 6-404)
::: phx-name
[Sec 6-405 Collection Of
Fines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_6-405_Collection_Of_Fines){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
When a fine is imposed upon a corporation, upon conviction, it may be
collected by the municipal judge making a transcript of his proceedings
thereof, together with the judgment of the court duly certified and
filed with the clerk of the district court of the county. Execution
shall be issued thereon and served by the sheriff of the county as in
cases of execution generally.
(Code 1999, § 6-405)
::: {.phx-name .phx-break}
[PART 7 FINANCE AND
TAXATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_7_FINANCE_AND_TAXATION){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[CHAPTER 7-1 FINANCES
GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-1_FINANCES_GENERALLY){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 7-2 PURCHASES BY
CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-2_PURCHASES_BY_CITY){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 7-3 SALES
TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-3_SALES_TAX){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 7-4 USE
TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-4_USE_TAX){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 7-5 HOTEL
TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-5_HOTEL_TAX){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 7-6 TELEPHONE EXCHANGE
FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-6_TELEPHONE_EXCHANGE_FEE){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 7-7 UTILITY
TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-7_UTILITY_TAX){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 7-8 UNCLAIMED
PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-8_UNCLAIMED_PROPERTY){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[CHAPTER 7-1 FINANCES
GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-1_FINANCES_GENERALLY){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 7-101 Appropriation Of
Monies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-101_Appropriation_Of_Monies){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-102
Investments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-102_Investments){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-103 Depositories Designated, Deposit Of
Funds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-103_Depositories_Designated,_Deposit_Of_Funds){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-104 Capital Improvement
Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-104_Capital_Improvement_Fund){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-105 Authorized Signature On Checks And
Warrants](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-105_Authorized_Signature_On_Checks_And_Warrants){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-106 General Fund Reserve
Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-106_General_Fund_Reserve_Fund){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 7-101 Appropriation Of
Monies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-101_Appropriation_Of_Monies){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All monies, however derived, belonging to the city shall only be
appropriated for such objects, and defraying such expenses as accrue or
necessarily arise in the exercise of powers granted by law, the Charter
and ordinances of the city. No appropriation shall be made without an
order to that effect entered upon a proper book to be kept for that
purpose by the city.
(Prior Code, § 2-196; Code 1999, § 7-101)
::: phx-name
[Sec 7-102
Investments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-102_Investments){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city treasurer or any other person authorized to invest public
monies shall invest the same in those investments authorized by the city
council or authorized by state law in a manner authorized by either or
both such council and statutes.
(Prior Code, § 2-198; Code 1999, § 7-102)
::: phx-name
[Sec 7-103 Depositories Designated, Deposit Of
Funds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-103_Depositories_Designated,_Deposit_Of_Funds){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All banks and financial institutions as are designated by the city
council shall be designated as depositories for the funds of the city.
The city treasurer shall deposit daily all public funds received by him
in these banks. Funds may be transferred from one depository to another
upon direction of the treasurer.
(Prior Code, § 2-211; Code 1999, § 7-103)
::: phx-name
[Sec 7-104 Capital Improvement
Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-104_Capital_Improvement_Fund){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. There is hereby created a capital improvement fund and monies for
capital improvement shall be deposited therein. Money in the fund
may be accumulated from year to year. Such fund shall be placed in
an insured interest bearing account. Such fund shall be nonfiscal
and shall not be considered in computing any levy when the city
makes an estimate for needed appropriations. Money in the capital
improvement fund may be expended for any capital improvement.
2. No funds shall be appropriated or expended from the capital
improvement fund in the absence of a recorded vote of the city
council and until claims duly verified by affidavit are presented
and approved by the city council.
3. As used in this section, the term \"capital improvement\" means all
items and articles, either new or replacements, not consumed with
use but only diminished in value with prolonged use, including, but
not limited to, roads and streets, drainage improvements, water and
sewage improvements, machinery, equipment, furniture and fixtures,
all real property, all construction or reconstruction of buildings,
appurtenances and improvements to real property, the cost and
expenses related thereto of rights-of-way or other real property,
engineering, architectural or legal fees, and payment for
improvements for which subsequent reimbursement is made to the
capital improvement fund.
(Prior Code, § 2-246; Code 1999, § 7-105)
::: phx-name
[Sec 7-105 Authorized Signature On Checks And
Warrants](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-105_Authorized_Signature_On_Checks_And_Warrants){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All checks or warrants issued by the city shall be signed by either the
mayor or the city treasurer, the vice-mayor or the assistant city
treasurer, using either original or facsimile signatures. The facsimile
signatures shall be filed with the secretary of state.
(Code 1999, § 7-106; Ord. No. 84(94), 6-6-1994)
**State Law reference**--- Uniform Facsimile Signature of Public
Officials Act, 62 O.S. § 601 et seq.
::: phx-name
[Sec 7-106 General Fund Reserve
Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-106_General_Fund_Reserve_Fund){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. There is hereby created a general fund reserve fund and monies shall
be deposited therein. The amount committed to this fund will
initially be \$200,000.00 with a future goal of three months of
operating capital in reserve of \$11,000,000.00. Each year, after
the fiscal year has closed, staff will review the amount and will
recommend to council the same or a different amount to transfer to
the general reserve fund based on excess revenues over expenditures.
Once reached, should the balance fall below the three months
operating reserve, a plan will be established to replenish the fund
to the required level.
2. Should economic events occur that cause sales & use tax growth to
fall below two percent of budget for two consecutive quarters or if
unforeseen emergencies occur, a budget amendment confirming the
nature of the event and authorizing the appropriation of reserve
funds shall be approved by a two-third vote of the city council
members present.
3. The general fund reserve fund is intended to assist in mitigating
the effects of economic and financial crisis, for necessary cash
flow management, and to enable the city to manage unforeseen
emergencies including natural disasters or catastrophic events.
::: phx-docs
HISTORY\
*Adopted by Ord.
[923(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288133_Ordinance%20923(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/7/2019\
*
:::
::: phx-name
[CHAPTER 7-2 PURCHASES BY
CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-2_PURCHASES_BY_CITY){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 7-201
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-201_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-202 By Whom
Made](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-202_By_Whom_Made){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-203 Prior Approval Required; Splitting Contracts
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-203_Prior_Approval_Required;_Splitting_Contracts_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-204 Bidding
Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-204_Bidding_Generally){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-205 When Bidding Not
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-205_When_Bidding_Not_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-206 Emergency
Purchases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-206_Emergency_Purchases){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-207 Disposition Of Surplus Or Obsolete Materials,
Bidding](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-207_Disposition_Of_Surplus_Or_Obsolete_Materials,_Bidding){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-208 When Competitive Bidding Not
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-208_When_Competitive_Bidding_Not_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-209 Sale Of
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-209_Sale_Of_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-210 Sale Of
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-210_Sale_Of_Property){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 7-201
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-201_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Contractual services* means services performed for the city by persons
not in the employment of the city, and may include the use of equipment
or the furnishing of commodities in connection with such services under
express or implied contract. Contractual services includes travel;
freight; express; parcel post; postage; telephone; telegraph; utilities;
rents; repairs, alterations, and maintenance of buildings, equipment,
streets, and bridges, and other physical facilities of the city; and
other services performed for the city by persons not in the employment
of the city.
(Prior Code, § 2-226; Code 1999, § 7-201; Ord. No. 95(94), 9-19-1994;
Ord. No. 127(95), 6-19-1995; Ord. No. 142(96), 1-16-1996)
::: phx-name
[Sec 7-202 By Whom
Made](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-202_By_Whom_Made){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All purchases of supplies, materials, equipment and contractual
services for the offices, departments and agencies of the city
government shall be made by the city manager or by other city
personnel in accordance with purchase authorizations issued by the
city manager, and section 7-203.
2. The city council does hereby authorize the city manager or designee,
as authorized by 62 O.S. § 310.1(C), to approve payment of any
claims or invoices in an amount of \$22,500.00 or less for supplies,
materials, services or equipment submitted to the city for payment.
The city manager shall establish an internal control structure
adequate to provide reasonable assurance against the unauthorized or
illegal payment of invoices. Such system of internal control should
include the following control procedures:
1. Proper authorization of transaction and activities;
2. Adequate segregation of duties;
3. Adequate documents and records;
4. Adequate safeguards over access to and use of assets and
records; and
5. Independent checks on performance.
3. Elements of the internal control structures, which are the control
environment and the accounting system, must be included. The control
environment shall consist of the overall attitude, awareness and
actions of the governing body and management, including a
foresighted management policy toward financial reporting. The
methods and records of an effective accounting system shall result
in:
1. Identification and recording of all valid transactions;
2. Description on a timely basis of the type of transaction in
sufficient detail to permit proper classification of the
transaction for financial reporting;
3. Measurements of the transactions value in a manner that permits
recording of its monetary value in the financial statements;
4. Determination of the time period in which the transaction
occurred to permit recording of the transaction in the proper
accounting period;
5. Proper presentation of the transaction and related disclosures
in financial statements.
4. Exceptions.
1. The city manager shall not receive, consider, analyze, process,
settle or litigate claims against the city and the authority
arising out of any of the areas or risks covered by or included
in the program whether or not they are or may be payable from
the general operating account created under section 6 of Moore
Public Works Authority Resolution 166(97). The city risk
management board approval shall be required to settle all
non-health related claims in the amount of \$5,000.00 or more
and to settle all health related claims regardless of an amount;
provided, however, all health related claims in the amount of
\$10,000.00 or more shall be considered as a separate item at
any regular or special meeting of the city risk management
board. The city manager/general manager of the authority may
approve the settlement of any non-health related claims
\$5,000.00 or less. The authority shall approve the settlement
of all non-health related claims or more as stated in Moore
Public Works Authority Resolution 166(97); provided however, all
non-health related claims in the amount of \$10,000.00 or more
shall be considered as a separate item at any regular or special
meeting of the City Council or Moore Public Works Authority.
2. The city council does hereby authorize the city manager or
designee to approve payment of any claim or invoices for
supplies, materials, services or equipment submitted to the city
for payment of monthly utility billing, payments on prior
council-approved contractual agreements, and general obligation
bond projects pursuant to their contract. Examples of this
include the following vendors:
1. Oklahoma Natural Gas.
2. Oklahoma Gas and Electric.
3. Oklahoma Electric Cooperative.
4. City of Oklahoma City.
5. Republic Services.
6. Veolia Water/US Filter/Professional Services Group.
7. Silverstar Construction.
8. Construction or engineering companies related to G.O. Bond
projects.
9. Software vendors.
(Prior Code, § 2-227; Code 1999, § 7-202; Ord. No. 95(94), 9-19-1994;
Ord. No. 127(95), 6-19-1995; Ord. No. 142(96), 1-16-1996; Ord. No.
213(97), 11-3-1997; Ord. No. 478(04), 9-20-2004; Ord. No. 545(06),
6-5-2006; Ord. No. 571(07), 1-2-2007)
::: phx-docs
HISTORY\
*Amended by Ord.
[960(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1631910902_Ordinance%20960(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/19/2021\
Amended by Ord.
[991(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/18/2021\
Amended by Ord.
[1030.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1691700320_1030.23.pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/5/2023\
*
:::
::: phx-name
[Sec 7-203 Prior Approval Required; Splitting Contracts
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-203_Prior_Approval_Required;_Splitting_Contracts_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Except as limited herein, every contract for, or purchase of,
supplies, materials, equipment or contractual services for more than
\$22,500.00 shall require prior approval of the city council. The
following contracts or purchases must have council approval
regardless of the dollar amount involved, or whether or not they are
required to be competitively bid:
1. Contracts for professional services or employment contracts for
nonclassified personnel, in excess of \$20,000.00 whether on a
full- or part-time basis, or whether for a term certain or at
will;
2. All lease purchase agreements or contract which terms will
extend beyond the fiscal year or wherein at the time of
termination the city shall be or may be obligated for additional
expenditures above the lease purchase price.
Under no circumstances may such contracts or purchases be made
without first obtaining approval of the council.
2. No contracts involving sums in excess of \$50,000.00 shall be split
into partial contracts involving sums of below \$50,000.00, nor
shall any contracts be made in two or more iterations or sequential
executions with the intent to evade the competitive bidding
requirements of this Code or state law or with the intent to evade
the monetary spending limits imposed by this section. All such
partial contracts involving less than \$25,000.00 shall be void.
(Prior Code, § 2-228; Code 1999, § 7-203; Res. No. 262, 10-16-1989; Ord.
No. 542, 1-22-1991; Ord. No. 63(93), 10-18-1993; Ord. No. 95(94),
9-19-1994; Ord. No. 127(95), 6-19-1995; Ord. No. 142(96), 1-16-1996;
Ord. No. 467(04), 9-20-2004; Ord. No. 572(07), 1-2-2007)
::: phx-docs
HISTORY\
*Amended by Ord.
[991(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/18/2021\
Amended by Ord.
[1052.24](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1052.24.pdf){.k-link
target="_blank" style="color:#0000EE"} on 4/2/2024\
*
:::
::: phx-name
[Sec 7-204 Bidding
Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-204_Bidding_Generally){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Before any purchase of, or contract for, supplies, materials, equipment,
or contractual services is made, except as otherwise provided in section
7-203, the city purchasing authority shall submit to at least three
persons dealing in and able to supply the same, a request for quotation
(or invitation to bid) and specifications, to give them opportunity to
bid; or publish notice of the proposed purchase in a newspaper of
general circulation within the city. He shall favor a person in the city
when this can be done without additional cost to the city; but he shall
submit requests for quotation to those outside the city when this may be
necessary to secure bids or to create competitive conditions, or when he
thinks that by so doing he can make a saving for the city; and shall
purchase from them when he can make a saving for the city. All bids
shall be sealed and shall be opened in public at a designated time and
place. He may repeatedly reject all bids, and again may submit to the
same or other persons the request for quotation (or invitation to bid),
or again publish notice of the proposed purchase. He may purchase only
from the bidder whose bid is most advantageous to the city, considering
price, quality, date of delivery, and so on. In the case of a tie, he
may purchase from one of those tying, or may divide the purchase among
those tying, always accepting the bids most advantageous to the city.
(Prior Code, § 2-229; Code 1999, § 7-204; Ord. No. 95(94), 9-19-1994;
Ord. No. 127(95), 6-19-1995; Ord. No. 142(96), 1-16-1996)
**State Law reference**--- Public competitive bidding, 61 O.S. § 101 et
seq.
::: phx-name
[Sec 7-205 When Bidding Not
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-205_When_Bidding_Not_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following may be purchased without giving an opportunity for
competitive bidding:
1. Supplies, materials, equipment or contractual services where cost
does not exceed \$100,000.00 in a single transaction or construction
management trade contracts or subcontracts not exceeding
\$50,000.00;
2. Supplies, materials, equipment or contractual services which can be
furnished only by a single dealer, or which have a uniform price
wherever bought. Computer software purchases may be purchased
without competitive bidding as a sole source purchase upon
verification of any of the following conditions are present and
verified in writing prior to any purchase.
1. Only a single vendor offers a software program that meets the
City\'s needs and requirements;
2. Only a single vendor offers a software program that is
compatible with an existing interface and/or system in use by
the City of Moore.\
3. Supplies, materials, equipment or contractual services purchased
from another unit of government at a price deemed below that
obtainable from private dealers, including war surplus, or purchased
at auction at a price deemed below that obtainable elsewhere;
4. Equipment to replace existing equipment which has become inoperable
when the council declares the purchase an emergency;
5. Contractual services (gas, electricity, telephone service, and the
like) purchased from a public utility at a price or rate determined
by the state corporation commission or other government authority;
6. Supplies, materials, equipment or contractual services when
purchased at a price not exceeding a price set therefor by the state
purchasing agency, the Federal Purchasing Agency known as the United
States General Services Administration (GSA), or any other state or
federal agency authorized to regulate prices for things purchased by
the state or United States (whether such price is determined by a
contract negotiated with a vendor or otherwise); Department of
Corrections (DOC) products;
7. Contractual services of a professional nature, such as engineering,
architectural, medical and legal services;
8. Supplies, materials or equipment purchased from a vendor or another
state governmental entity, at a price not exceeding a price
established under the competitive bidding process undertaken by the
governmental entity, such as a county or city government, provided
that the competitive bid was a valid competitive bid, was submitted
to more than three vendors, and no more than six months have passed
since the receipt of the bids or proposals by the governmental
entity. Proof of the above shall be presented to council with any
request for an exception under this section;
9. Public construction contracts not exceeding the amount established
by state law, awarded by the city for the purpose of making any
public improvements or constructing any public building or making
repairs to or performing maintenance on the same. Public improvement
as used in the previous sentence shall mean any beneficial or
valuable change or addition, betterment, enhancement or amelioration
of or upon any real property, or interest therein, belonging to a
public agency, intended to enhance its value, beauty or utility or
to adapt it to new or further purposes. The term \"public
improvement\" does not include the direct purchase of materials,
equipment or supplies by a public agency or any personal property as
defined in 62 O.S. § 430.1(B); or
10. Material or equipment needing repair when covered by a policy of
insurance where the repair does not exceed \$100,000.00.
11. Supplies, materials or equipment purchased from a vendor known as a
national or regional bidding cooperative at a price established
under a competitive bidding process undertaken by the bidding
cooperative.\
```{=html}
```
::: {#icepastediv contenteditable="true" style="width: 1px; height: 1px; overflow: hidden; position: fixed; top: 10px; left: 10px;"}
1. [Supplies, materials or equipment purchased from a vendor known as a
national regional bidding cooperative at a price established under a
competitive bidding process undertaken by the bidding cooperative.
]{mce-style="text-decoration: underline;"
style="text-decoration-line: underline;"}\
:::
::: phx-docs
HISTORY\
*Amended by Ord.
[986(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_986%20(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 9/20/2021\
Amended by Ord.
[991(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_991(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/18/2021\
Amended by Ord.
[999(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_999(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/18/2022\
Amended by Ord.
[1001.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1001.22.pdf){.k-link
target="_blank" style="color:#0000EE"} on 2/7/2022\
*
:::
::: phx-name
[Sec 7-206 Emergency
Purchases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-206_Emergency_Purchases){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. An emergency condition is a situation which creates a threat to
public health, welfare or safety, such as may arise by reason of
floods, epidemics, riots, equipment failures, or such other reason
as may be proclaimed by the city manager. The existence of such
condition creates an immediate and serious need for supplies,
services or construction that cannot be met through normal
procurement methods and the lack of which would seriously threaten:
1. The function of the city government;
2. The preservation or protection of property; or
3. The health or safety of any persons.
2. The city manager may make emergency procurements in accordance with
the purchasing policies when an emergency condition arises and the
need cannot be met through normal procurement methods.
(Code 1999, § 7-206; Ord. No. 95(94), 9-19-1994; Ord. No. 127(95),
6-19-1995; Ord. No. 142(96), 1-16-1996)
::: phx-name
[Sec 7-207 Disposition Of Surplus Or Obsolete Materials,
Bidding](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-207_Disposition_Of_Surplus_Or_Obsolete_Materials,_Bidding){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Surplus or obsolete supplies, materials or equipment of a value of more
than \$1000.00 may not be sold until the council shall have declared
them surplus or obsolete. Before the city manager disposes of any
surplus or obsolete supplies, materials or equipment, except as
otherwise provided in this chapter, he shall advertise them for sale in
a newspaper of general circulation in the city or give notice in such
other manner as he deems necessary adequately to reach prospective
buyers to give them opportunity to make bids. All bids shall be sealed
and shall be opened in public at a designated time and place, except
when the sale is by auction. The city manager may repeatedly reject all
bids and advertise or give notice again. He may sell such supplies,
materials or equipment only to the highest responsible bidder for cash.
In case of a tie, he may sell to either of the bidders tying, or may
divide the sale among two or more tying, always selling to the highest
responsible bidders for cash.
(Prior Code, § 2-231; Code 1999, § 7-207; Ord. No. 63(93), 10-18-1993)
::: phx-docs
HISTORY\
*Amended by Ord.
[1024.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692206852_1024.23%20signed.pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/5/2023\
*
:::
::: phx-name
[Sec 7-208 When Competitive Bidding Not
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-208_When_Competitive_Bidding_Not_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager may dispose of the following without giving an
opportunity for competitively bidding:
1. Surplus or obsolete supplies, materials or equipment whose total
value does not exceed \$1000.00 in a single transaction;
2. Supplies, materials or equipment when sold at a price at least as
great as that paid by the city for the same; or
3. When any surplus or obsolete supplies, materials or equipment has a
value in excess of \$1000.00 and the city council in its discretion
and upon such terms, conditions and for such consideration as it
deems advisable may lease, loan, sell or donate said surplus
material or equipment which it has declared obsolete to any
not-for-profit corporation as defined in 18 O.S., other governmental
agencies, political subdivisions, charitable groups or
organizations, boards of education for any vocational and technical
schools or area school district, and any legitimate organization as
determined by the council to be in need of said surplus or obsolete
supplies, materials or equipment.
(Prior Code, § 2-232; Code 1999, § 7-208; Ord. No. 353(02), 4-1-2002)
::: phx-docs
HISTORY\
*Amended by Ord.
[1024.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692206852_1024.23%20signed.pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/5/2023\
*
:::
::: phx-name
[Sec 7-209 Sale Of
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-209_Sale_Of_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The real property described as Lots 2 and 3, Oldtowne Industrial
Addition, being a part of the NE/4, Section 14, T10N, R3W, I.M.,
Moore, Cleveland County, Oklahoma, also known as 1000 and 1004
Messenger Lane owned by the City of Moore free and clear of all
liens and encumbrances shall be sold to the best and most
responsible bidder as determined by the city council through
advertising and receipt of sealed bids. The city council reserves
the right to reject all bids and rebid the sale at a later date.
2. This chapter shall be referred to a vote of the electors of the city
if a legal and sufficient referendum petition is properly filed
within 30 days after its passage; otherwise it shall go into effect
30 days after its passage and publication.
(Code 1999, § 7-211)
::: phx-docs
HISTORY\
*Amended by Ord.
[783(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325179_Ordinance%20No.%20783%20(14).pdf){.k-link
target="_blank" style="color:#0000EE"} on 11/3/2014\
*
:::
::: phx-name
[Sec 7-210 Sale Of
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-210_Sale_Of_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The personal property described as 130 guns previously declared as
surplus, owned by the City of Moore shall be sold to the best and
most responsible bidder as determined by the city council through
advertising and receipt of sealed bids. The City Council reserves
the right to reject all bids and rebid the sale at a later date.
2. This chapter shall be referred to a vote of the electors of the city
if a legal and sufficient referendum petition is properly filed
within 30 days after its passage; otherwise it shall go into effect
30 days after its passage and publication.\
::: phx-docs
HISTORY\
*Adopted by Ord.
[981(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1626796757_ordinance%20981.21.pdf){.k-link
target="_blank" style="color:#0000EE"} on 7/19/2021\
*
:::
::: phx-name
[CHAPTER 7-3 SALES
TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-3_SALES_TAX){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[ARTICLE 7-3A GENERAL SALES
TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-3A_GENERAL_SALES_TAX){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- State sales tax, 68 O.S. § 1350 et seq.;
municipal sales taxes, 68 O.S. § 2701 et seq.\
::: phx-name
[ARTICLE 7-3A GENERAL SALES
TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-3A_GENERAL_SALES_TAX){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 7-301 Citation Of
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-301_Citation_Of_Chapter){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-302
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-302_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-303 Classification Of
Taxpayers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-303_Classification_Of_Taxpayers){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-304 Subsisting State
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-304_Subsisting_State_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-305 Purpose Of Revenues; Disposition Of
Proceeds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-305_Purpose_Of_Revenues;_Disposition_Of_Proceeds){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-306 Tax Rate; Sales Subject To
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-306_Tax_Rate;_Sales_Subject_To_Tax){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-307 Exemptions, Sales Subject To Other
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-307_Exemptions,_Sales_Subject_To_Other_Tax){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-308 Tax Due And
Payable](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-308_Tax_Due_And_Payable){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-309 Payment Of Tax;
Brackets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-309_Payment_Of_Tax;_Brackets){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-310 Tax Constitutes Prior
Claim](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-310_Tax_Constitutes_Prior_Claim){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-311 Vendor\'s Duty To Collect
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-311_Vendor's_Duty_To_Collect_Tax){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-312 Returns And Remittances;
Discounts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-312_Returns_And_Remittances;_Discounts){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-313 Interest And Penalties; Delinquency; Discount
Forfeiture](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-313_Interest_And_Penalties;_Delinquency;_Discount_Forfeiture){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-314 Waiver Of Interest And
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-314_Waiver_Of_Interest_And_Penalties){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-315 Erroneous Payments; Claim For
Refund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-315_Erroneous_Payments;_Claim_For_Refund){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-316 Failure To File, Fraudulent Returns;
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-316_Failure_To_File,_Fraudulent_Returns;_Penalties){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-317 Tax Records
Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-317_Tax_Records_Confidential){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-318 Provisions
Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-318_Provisions_Cumulative){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-319 Amendments To
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-319_Amendments_To_Chapter){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-320 Additional 0.50 Percent Sales
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-320_Additional_0.50_Percent_Sales_Tax){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-321 Additional 0.25 Percent Sales
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-321_Additional_0.25_Percent_Sales_Tax){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-322 Additional 0.1250 Percent Sales
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-322_Additional_0.1250_Percent_Sales_Tax){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 7-301 Citation Of
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-301_Citation_Of_Chapter){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This chapter shall be known and may be cited as the \"City Sales Tax
Ordinance.\"
(Prior Code, § 21-16; Code 1999, § 7-301)
::: phx-name
[Sec 7-302
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-302_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The definitions of words, terms and phrases contained in 68 O.S. § 1352
are hereby adopted by reference and made a part of this chapter. In
addition thereto, the following words, terms and phrases, when used in
this chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
*Tax collector* means the department of the city or the official agency
of the state duly designated according to law or contract authorized by
law to administer the collection of the tax herein levied.
(Prior Code, § 21-18, in part; Code 1999, § 7-302)
::: phx-name
[Sec 7-303 Classification Of
Taxpayers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-303_Classification_Of_Taxpayers){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
For the purpose of this chapter, the classification of taxpayers
hereunder shall be as prescribed by state law for purposes of the state
sales tax code (68 O.S. § 1350 et seq.).
(Prior Code, § 21-28; Code 1999, § 7-303)
::: phx-name
[Sec 7-304 Subsisting State
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-304_Subsisting_State_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All valid and subsisting permits to do business issued by the state tax
commission pursuant to the state sales tax code (68 O.S. § 1350 et seq.)
are, for the purpose of this chapter, hereby ratified, confirmed and
adopted in lieu of any requirement for an additional city permit for the
same purpose.
(Prior Code, § 21-19; Code 1999, § 7-304)
::: phx-name
[Sec 7-305 Purpose Of Revenues; Disposition Of
Proceeds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-305_Purpose_Of_Revenues;_Disposition_Of_Proceeds){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is hereby declared to be the purpose of the revenues generated by
the first and second cent sales taxes levied herein to provide
revenues for the support of the functions of the municipal
government of the city.
2. It is hereby declared to be the purpose of the revenues levied by
the one cent sales tax levied by Ordinance No. 331 to provide
revenues for the making of capital improvements to physical
properties of the city; paying the costs and expenses of general and
special purposes of the municipal government of the city; improving
the sanitary sewer system throughout the city; and the payment of
the principal of, and interest on, indebtedness incurred by the city
or any duly constituted authority thereof.
(Prior Code, § 21-20; Code 1999, § 7-305)
::: phx-name
[Sec 7-306 Tax Rate; Sales Subject To
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-306_Tax_Rate;_Sales_Subject_To_Tax){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby levied an excise tax of three percent upon the gross
proceeds or gross receipts derived from all sales taxable under the
state sales tax code (68 O.S. § 1350 et seq.).
(Prior Code, § 21-21; Code 1999, § 7-306; Ord. No. 595(07), 7-16-2007;
Ord. No. 677(10), 8-16-2010)
::: phx-docs
HISTORY\
*Amended by Ord.
[725(12)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601322944_Ordinance%20No.%20725%20(12).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/20/2012\
*
:::
::: phx-name
[Sec 7-307 Exemptions, Sales Subject To Other
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-307_Exemptions,_Sales_Subject_To_Other_Tax){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby specifically exempted from the tax levied by this
chapter the gross receipts or gross proceeds exempted from the state
sales tax code.
(Prior Code, § 21-22, in part; Code 1999, § 7-307)
::: phx-name
[Sec 7-308 Tax Due And
Payable](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-308_Tax_Due_And_Payable){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The tax levied under this chapter shall be due and payable at the time
and in the manner and form prescribed for payment of the state sales tax
under the sales tax law of the state.
(Prior Code, § 21-25; Code 1999, § 7-313)
::: phx-name
[Sec 7-309 Payment Of Tax;
Brackets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-309_Payment_Of_Tax;_Brackets){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The tax herein levied shall be paid to the tax collector at the time
in form and manner provided for payment of state sales tax under the
sales tax law of the state.
2. The bracket system for the collection of the city sales tax by the
tax collector shall be as the same is hereafter adopted by the
agreement of the city and the tax collector, in the collection of
both the city sales tax and the state sales tax.
(Prior Code, § 21-26; Code 1999, § 7-314)
::: phx-name
[Sec 7-310 Tax Constitutes Prior
Claim](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-310_Tax_Constitutes_Prior_Claim){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Taxes, penalty and interest due hereunder shall at all times constitute
a prior, superior and paramount claim as against the claims of unsecured
creditors and may be collected by suit as any other debt.
(Prior Code, § 21-27; Code 1999, § 7-315)
::: phx-name
[Sec 7-311 Vendor\'s Duty To Collect
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-311_Vendor's_Duty_To_Collect_Tax){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The tax levied hereunder shall be paid by the consumer or user to
the vendor; and each and every vendor shall collect from the
consumer or user the full amount of the tax levied, or an amount
equal as nearly as possible or practicable to the average equivalent
thereof.
2. Vendors shall add the tax imposed hereunder, or the average
equivalent thereof, to the sales price or charge; and, when added,
such tax shall constitute a part of such price or charge, shall be a
debt from the consumer or user to the vendor until paid, and shall
be recoverable at law in the same manner as other debts.
3. No vendor shall willfully or intentionally fail, neglect or refuse
to collect the full amount of the tax levied; or willfully or
intentionally fail, neglect or refuse to comply with the provisions
of this chapter; or remit or rebate to a consumer or user, either
directly or indirectly, and by whatsoever means, all or any part of
the tax herein levied; or make in any form of advertising, verbally
or otherwise, any statement which infers that he is absorbing the
tax, or paying the tax for the consumer or user by an adjustment of
prices or at a price including the tax, or in any manner whatsoever.
(Prior Code, § 21-28; Code 1999, § 7-316)
**State Law reference**--- Vendor\'s duty to collect tax, 68 O.S. §
1310.
::: phx-name
[Sec 7-312 Returns And Remittances;
Discounts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-312_Returns_And_Remittances;_Discounts){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Returns and remittances of the tax herein levied and collected shall be
made to the tax collector at the time and in the manner, form and amount
as prescribed for returns and remittances required by the state sales
tax code; and remittances of tax collected hereunder shall be subject to
the same discount as may be allowed by the code for collection of state
sales taxes.
(Prior Code, § 21-30; Code 1999, § 7-317)
::: phx-name
[Sec 7-313 Interest And Penalties; Delinquency; Discount
Forfeiture](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-313_Interest_And_Penalties;_Delinquency;_Discount_Forfeiture){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. 68 O.S. § 217 is adopted and made a part of this chapter.
2. Interest and penalties at the rates and in amounts specified in the
state statute cited in subsection (A) of this section are hereby
levied and shall be applicable in cases of delinquency in reporting
and paying the tax levied by this chapter.
3. The failure or refusal of any taxpayer to make and transmit the
reports and remittances of tax in the time and manner required by
this chapter shall cause such tax to be delinquent.
4. If such delinquency continues for a period of five days, the
taxpayer shall forfeit his claim to any discount allowed under this
chapter.
(Prior Code, § 21-31; Code 1999, § 7-318)
::: phx-name
[Sec 7-314 Waiver Of Interest And
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-314_Waiver_Of_Interest_And_Penalties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The interest or penalty or any portion thereof accruing by reason of
a taxpayer\'s failure to pay the city tax herein levied may be
waived or remitted in the same manner as provided for the waiver or
remittance as applied in administration of the state sales tax
provided in 68 O.S. § 220.
2. To accomplish the purposes of this section, the applicable
provisions of 68 O.S. § 220 are adopted by reference and made a part
of this chapter.
(Prior Code, § 21-32; Code 1999, § 7-319)
::: phx-name
[Sec 7-315 Erroneous Payments; Claim For
Refund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-315_Erroneous_Payments;_Claim_For_Refund){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Refund or erroneous payment of the city sales tax herein levied may
be made to any taxpayer making such erroneous payment in the same
manner and procedure, and under the same limitations of time, as
provided for administration of the state sales tax as set forth in
68 O.S. § 227.
2. To accomplish the purposes of this section, the applicable
provisions of 68 O.S. § 227 are adopted by reference and made a part
of this chapter.
(Prior Code, § 21-33; Code 1999, § 7-320)
::: phx-name
[Sec 7-316 Failure To File, Fraudulent Returns;
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-316_Failure_To_File,_Fraudulent_Returns;_Penalties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall:
1. Intentionally fail or refuse to make tax reports and remittances
as required under this chapter; or
2. Intentionally make false and fraudulent tax reports for the
purpose of avoiding or escaping payment of any tax or portion
thereof due under this chapter.
2. Any person required to collect and remit sales tax pursuant to the
state sales tax code or this Code, and engaging in any of the
callings, trades, avocations, professions, businesses or occupations
for which a license is required by the city, and applying for such
license, must submit proof as a condition precedent to issuing such
license of a valid sales tax permit number issued by the state.
3. Any license issued by the city to any person engaging in any of the
callings, trades, avocations, businesses, professions or occupations
for which a license is required by this Code may be suspended or
revoked for failure to maintain a lawful sales tax license or
collect and remit sales tax if and as required by the state sales
tax code or this Code.
4. In addition to all civil penalties provided by this chapter, any
violation of this section shall subject the offending taxpayer to
the penalty set forth in section 1-108. Each day of such violation
shall be considered a separate offense and charged separately.
(Prior Code, § 21-34; Code 1999, § 7-321; Ord. No. 416, 11-3-1986)
::: phx-name
[Sec 7-317 Tax Records
Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-317_Tax_Records_Confidential){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The confidential and privileged nature of the records and files
concerning the administration of the city sales tax is legislatively
recognized and declared; and to protect the same the provisions of 68
O.S. § 205, and all subsections thereof, are hereby adopted by reference
and made fully effective and applicable to administration of the city
sales tax as if here set forth in full.
(Prior Code, § 21-35; Code 1999, § 7-322)
::: phx-name
[Sec 7-318 Provisions
Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-318_Provisions_Cumulative){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions of this chapter shall be cumulative and in addition to
any and all other taxing provisions of city ordinances.
(Prior Code, § 21-37; Code 1999, § 7-323)
::: phx-name
[Sec 7-319 Amendments To
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-319_Amendments_To_Chapter){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The council, by ordinance duly enacted, is authorized to make such
administrative and technical changes or additions in the method and
manner of administration and enforcing this chapter as may be necessary
or proper for efficiency and fairness, except that the rate of the tax
herein provided shall not be changed without approval of the qualified
electors of the city as provided by law.
(Prior Code, § 21-36; Code 1999, § 7-324)
::: phx-name
[Sec 7-320 Additional 0.50 Percent Sales
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-320_Additional_0.50_Percent_Sales_Tax){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Definitions*. The definitions of words, terms, and phrases
contained in the state sales tax code (68 O.S. § 1350 et seq.), as
amended from time to time (hereinafter referred to as the \"state
sales tax code\") are hereby adopted by reference and made a part of
this section.
2. *Effective date and date of termination*. Subject to approval of a
majority of the registered voters of the City of Moore, Oklahoma,
voting on same as prescribed by law, to be held on November 6, 2018,
the ordinance shall commence and be effective April 1, 2019,
provided, that such extension of the existing sales tax shall be
limited to a duration of four years and shall terminate March 31,
2023.
3. *Purpose of revenues*. The City of Moore, Oklahoma sales tax
ordinance, the same being Ordinance No. 60, as amended by Ordinance
No. 331(83), as amended by Ordinance No. 470(88), as amended by
Ordinance No. 551(06), as amended by Ordinance No. 677(10), as
amended by Ordinance No. 780(14) (collectively referred to as the
\"sales tax ordinance\"), is hereby amended by adding the following
language to said sales tax ordinance, for the following purpose:
1. *Purpose of extension of existing 0.50 percent sales tax*. It is
hereby declared that the extension of the existing 0.50 percent
sales tax levied by this section shall be in addition to the
other sales tax levied by said sales tax ordinance as may be
hereafter amended from time to time, and the proceeds of such
sales tax, or proceeds of borrowings by the city or a public
trust of which the city is beneficiary payable from the sales
tax, shall be expended on capital improvements, as determined by
the city council, including, to the extent legal and practical,
the following projects:
1. *Residential street and residential collector street
repair*. Seventy percent of the proceeds of such sales tax
shall be used for residential street and residential
collector street repair, including, but not limited to,
construction, repair and/or maintenance of streets, and the
construction and/or repair of sidewalks, curbs, drainage and
utility lines pertaining to same;
2. *Public safety machinery and/or equipment*. Twenty percent
of the proceeds of such sales tax shall be used for
expenditures for public safety involving fire, police and
emergency management, including, but not limited to, the
purchase of public safety machinery and/or equipment; and
3. *Public safety operations*. Ten percent of the proceeds of
such sales tax shall be used for expenditures for public
safety operations involving fire, police and emergency
management including, but not limited to, training, new
positions and salary increases for existing personnel.
4. *Levy of Tax---This Tax In addition; Administration Procedures;
Exemptions.* There is hereby levied an excise tax of 0.50 percent
upon the gross proceeds or gross receipts derived from all sales
taxable under the state sales tax code, as set out therein. There is
hereby specifically exempted from the tax levied by this section the
gross receipts or gross proceeds exempted from the state sales tax
code, as set out therein.
5. *Total effective excise tax*. The rate of tax set forth in the sales
tax ordinance of the City of Moore, Oklahoma, is hereby maintained
at 3.75 percent.
6. *Amendments*. The people of the city, by their approval of this
section at the election hereinabove provided, hereby authorize the
city council by ordinance duly enacted to make such administrative
and technical changes or additions in the method and manner of
administration and enforcing this section as may be necessary or
proper for efficiency and fairness, except that the rate and
limitation of time for collection of the tax herein provided shall
not be changed without approval of the registered voters of the city
as provided by law.
7. *Provisions severable*. The provisions hereof are hereby declared to
be severable, and if any section, paragraph, sentence or clause of
this section is for any reason held invalid or inoperative by any
court of competent jurisdiction, such decision shall not affect any
other section, paragraph, sentence or clause hereof.
8. *Provisions cumulative*. The provisions hereof shall be cumulative,
and in addition to any and all other taxing provisions of the sales
tax ordinance.
9. *Incorporation of section*. The provisions of this section shall be
included and incorporated in the sales tax ordinance of the city, as
an addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of this Code.
::: phx-docs
HISTORY\
*Adopted by Ord.
[780(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325125_Ordinance%20No.%20780%20(14).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/18/2014\
Amended by Ord.
[888(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346079_Ordinance%20No.%20888%20(18).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/6/2018\
*
:::
::: phx-name
[Sec 7-321 Additional 0.25 Percent Sales
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-321_Additional_0.25_Percent_Sales_Tax){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Definitions*. The definitions of words, terms, and phrases
contained in the state sales tax code (68 O.S. § 1350 et seq.), as
amended from time to time (hereinafter referred to as the \"state
sales tax code\"), are hereby adopted by reference and made a part
of this section.
2. *Effective date and date of termination*. Subject to approval of a
majority of the registered voters of the city, voting on same as
prescribed by law, to be held on November 3, 2020 this section shall
commence and be effective April 1, 2021, provided that such
additional sales tax shall be limited to a duration of four years
and shall terminate March 31, 2025.
3. *Purpose of revenues*. It is hereby declared that the extension of
the existing 0.25 percent sales tax levied by this section shall be
in addition to the other sales tax levied by said sales tax
ordinance as may be hereafter amended from time to time, and the
proceeds of such sales tax, or proceeds of borrowings by the city or
a public trust of which the city is beneficiary payable from the
sales tax, shall be expended on capital improvements involving (i)
the acquisition, construction, equipping and/or remodeling of
existing Parks and Recreation facilities; and (ii) The Moore Public
Works Authority, as determined by the City Council.\
4. *Levy of tax; this tax in addition; administration procedures;
exemptions*. There is hereby levied an excise tax of 0.25 percent
upon the gross proceeds or gross receipts derived from all sales
taxable under the state sales tax code, as set out therein. There is
hereby specifically exempted from the tax levied by this section the
gross receipts or gross proceeds exempted from the state sales tax
code, as set out therein.
5. *Total effective excise tax*. The rate of tax set forth in the sales
tax ordinance of the city is hereby maintained at 3.75 percent.
6. *Amendments*. The people of the city, by their approval of this
section at the election hereinabove provided, hereby authorize the
city council by ordinance duly enacted to make such administrative
and technical changes or additions in the method and manner of
administration and enforcing this section as may be necessary or
proper for efficiency and fairness, except that the rate and
limitation of time for collection of the tax herein provided shall
not be changed without approval of the registered voters of the City
as provided by law.
7. *Provisions cumulative*. The provisions hereof shall be cumulative,
and in addition to any and all other taxing provisions of the sales
tax ordinance.
8. *Incorporation of section*. The provisions of this section shall be
included and incorporated in the sales tax ordinance of the city, as
an addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of this Code.
::: phx-docs
HISTORY\
*Adopted by Ord.
[829(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328364_Ordinance%20No.%20829%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/1/2016\
Amended by Ord.
[949(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350502_949%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/3/2020\
Amended by Ord.
[961(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_961(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 2/1/2021\
*
:::
::: phx-name
[Sec 7-322 Additional 0.1250 Percent Sales
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-322_Additional_0.1250_Percent_Sales_Tax){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Definitions*. The definitions of words, terms, and phrases
contained in the Oklahoma Sales Tax Code; Title 68, Oklahoma
Statutes 2011, Section 1350 et seq., as amended from time to time
(hereinafter referred to as the \"Oklahoma Sales Tax Code\") are
hereby adopted by reference and made a part of this section.
2. *Effective date and date of termination*. Subject to approval of a
majority of the registered voters of the City of Moore, Oklahoma,
voting on same as prescribed by law, to be held on November 12,
2019, the ordinance shall commence and be effective April 1, 2020.
3. *Purpose of revenues*. The City of Moore, Oklahoma Sales Tax
Ordinance, the same being Ordinance No. 60, as amended by Ordinance
No. 331(83), as amended by Ordinance No. 470(88), as amended by
Ordinance No. 551(06), as amended by Ordinance No. 677(10), as
amended by Ordinance No. 725(12), as amended by Ordinance No.
780(14), as amended by Ordinance No. 829(16), as amended by
Ordinance No. 888(18) (collectively referred to as the \"sales tax
ordinance\"), is hereby amended by adding the following language to
said sales tax ordinance, for the following purpose:
1. *Purpose of additional one-eighth of one percent sales tax*. It
is hereby declared that the additional one-eighth of one percent
(0.1250%) sales tax levied by said sales tax ordinance shall be
in addition to the other sales tax levied by said sales tax
ordinance as may be hereafter amended from time to time, and the
proceeds of such sales tax, or proceeds of borrowings by the
city or a public trust of which the city is beneficiary payable
from the sales tax, shall be expended on capital improvements
and regulatory requirements, as determined by the city council,
including, to the extent legal and practical, the following
projects:
1. Water system improvements, including, but not limited to,
water line replacement, leak detection and modeling
technology and upgrading city water wells, storm water
systems and management, and drainage improvements.
4. *Levy of Tax---This Tax In addition; Administration Procedures;
Exemptions*. There is hereby levied an excise tax of one-eighth of
one percent upon the gross proceeds or gross receipts derived from
all sales taxable under the Oklahoma Sales Tax Code, as set out
therein. There is hereby specifically exempted from the tax levied
by this section the gross receipts or gross proceeds exempted from
the Oklahoma Sales Tax Code, as set out therein.
5. *Total effective excise tax*. The rate of tax set forth in the sales
tax ordinance of the City of Moore, Oklahoma, is hereby increased to
three and seven-eighths percent.
6. *Amendments*. The people of the City of Moore, Oklahoma, by their
approval of this section at the election hereinabove provided,
hereby authorize the city council by ordinance duly enacted to make
such administrative and technical changes or additions in the method
and manner of administration and enforcing this section as may be
necessary or proper for efficiency and fairness except that the rate
and limitation of time for collection of the tax herein provided
shall not be changed without approval of the registered voters of
the city as provided by law.
7. *Provisions severable*. The provisions hereof are hereby declared to
be severable, and if any section, paragraph, sentence or clause of
this section is for any reason held invalid or inoperative by any
court of competent jurisdiction, such decision shall not affect any
other section, paragraph, sentence or clause hereof.
8. *Provisions cumulative*. The provisions hereof shall be cumulative,
and in addition to any and all other taxing provisions of the sales
tax ordinance.
9. *Incorporation of section*. The provisions of this section shall be
included and incorporated in the sales tax ordinance of the city, as
an addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of this Code.
::: phx-docs
HISTORY\
*Adopted by Ord.
[922(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288112_Ordinance%20922(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 9/3/2019\
*
:::
::: phx-name
[CHAPTER 7-4 USE
TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-4_USE_TAX){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 7-401 Citation And
Codification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-401_Citation_And_Codification){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-402
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-402_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-403 Use Tax On Storage, Use Or Other Consumption Of Intangible,
Personal Property
Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-403_Use_Tax_On_Storage,_Use_Or_Other_Consumption_Of_Intangible,_Personal_Property_Levied){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-404 Purpose Of
Revenues](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-404_Purpose_Of_Revenues){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-405
Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-405_Exemptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-406 Time When Due, Returns,
Payment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-406_Time_When_Due,_Returns,_Payment){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-407 Tax Constitutes
Debt](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-407_Tax_Constitutes_Debt){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-408 Bracket
System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-408_Bracket_System){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-409 Collection Of Tax By Retailer Or
Vendor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-409_Collection_Of_Tax_By_Retailer_Or_Vendor){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-410 Collection Of Tax By Retailer Or Vendor Not Maintaining A
Place Of Business Within State Or Both Within And Without State,
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-410_Collection_Of_Tax_By_Retailer_Or_Vendor_Not_Maintaining_A_Place_Of_Business_Within_State_Or_Both_Within_And_Without_State,_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-411 Revoking
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-411_Revoking_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-412 Remunerative Deductions Allowed Vendors Or Retailers Of Other
States](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-412_Remunerative_Deductions_Allowed_Vendors_Or_Retailers_Of_Other_States){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-413 Interest And Penalties,
Delinquency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-413_Interest_And_Penalties,_Delinquency){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-414 Waiver Of Interest And
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-414_Waiver_Of_Interest_And_Penalties){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-415 Erroneous Payments, Claim For
Refund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-415_Erroneous_Payments,_Claim_For_Refund){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-416 Fraudulent
Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-416_Fraudulent_Returns){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-417 Records
Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-417_Records_Confidential){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-418 Classification Of
Taxpayers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-418_Classification_Of_Taxpayers){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-419 Subsisting State
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-419_Subsisting_State_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-420 Provisions
Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-420_Provisions_Cumulative){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- State use tax, 68 O.S. § 1401 et seq.\
::: phx-name
[Sec 7-401 Citation And
Codification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-401_Citation_And_Codification){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This chapter shall be known and may be cited as the \"City of Moore Use
Tax.\"
(Code 1999, § 7-401; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-402
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-402_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The definitions of words, terms and phrases contained in 68 O.S. § 1401
are hereby adopted by reference and made a part of this chapter. In
addition thereto, the following words, terms and phrases, when used in
this chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
*Tax collector* means the department of the city government or the
official agency of the state, duly designated according to law or
contract authorized by law, to administer the collection of the tax
herein levied.
*Transaction* means sale.
(Code 1999, § 7-402; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-403 Use Tax On Storage, Use Or Other Consumption Of Intangible,
Personal Property
Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-403_Use_Tax_On_Storage,_Use_Or_Other_Consumption_Of_Intangible,_Personal_Property_Levied){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby levied and there shall be paid by every person storing,
using or otherwise consuming within the city tangible, personal property
purchased or brought into the city, an excise tax on the storage, use or
other consuming within the city of such property at the rate of three
percent of the purchase price of such property. Such tax shall be paid
by every person storing, using or otherwise consuming, within the city,
tangible, personal property purchased or brought into the city. The
additional tax levied hereunder shall be paid at the time of importation
or storage of the property within the city and shall be assessed to only
property purchased outside the state, provided that the tax levied
herein shall not be levied against tangible, personal property intended
solely for use outside the city, but which is stored in the city pending
shipment outside the city or which is temporarily retained in the city
for the purpose of fabrication, repair, testing, alteration, maintenance
or other service. Any person liable for payment of the tax authorized
herein, may deduct from such tax any local or municipal sales tax
previously paid on such goods or services, provided that the amount
deducted shall not exceed the amount that would have been due if the
taxes imposed by the city had been levied on the sale of such goods or
services.
(Code 1999, § 7-403; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-404 Purpose Of
Revenues](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-404_Purpose_Of_Revenues){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is hereby declared to be the purpose of this chapter to provide
revenues for the support of the functions of the municipal government of
the city, and any and all revenues derived hereunder may be expended by
the governing body of the city for any purpose for which funds may be
lawfully expended as authorized.
(Code 1999, § 7-404; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-405
Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-405_Exemptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions of this chapter shall not apply:
1. In respect to the use of an article of tangible, personal property
brought into the city by a nonresident individual visiting in the
city for his personal use or enjoyment while within the city;
2. In respect to the use of tangible, personal property purchased for
resale before being used;
3. In respect to the use of any article of tangible, personal property
on which a tax, equal to or in excess of that levied by both the
state use tax code (68 O.S. § 1401 et seq.) and the city use tax,
has been paid by the person using such tangible, personal property
in the city, whether such tax was levied under the laws of the state
or some other state or municipality of the United States. If any
article of tangible, personal property has already been subjected to
a tax by the state or any other state or municipality in respect to
its sale or use, in an amount less than the tax imposed by both the
state use tax code (68 O.S. § 1401 et seq.) and city use tax, the
provision of this chapter shall also apply to it by a rate measured
by the difference only between the rate provided by both the state
use tax code (68 O.S. § 1401 et seq.) and the city use tax, and the
rate by which the previous tax upon the sale or use was computed,
provided that no credit shall be given for taxes paid in another
state or municipality, if that state or municipality does not grant
like credit for taxes paid in the state and the city;
4. In respect to the use of machinery and equipment purchased and used
by persons establishing new manufacturing or processing plants in
the city, and machinery and equipment purchased and used by persons
to the operation of manufacturing plants already established in the
city. Provided, this exemption shall not apply unless such machinery
and equipment is incorporated into, and is directly used in, the
process of manufacturing property subject to taxation under the
sales tax code of the city. The term \"manufacturing plants\" means
those establishments primarily engaged in manufacturing or
processing operations, and generally recognized as such;
5. In respect to the use of tangible, personal property now
specifically exempted from taxation under the sales tax code of the
city;
6. In respect to the use of any article of tangible, personal property
brought into the city by an individual with intent to become a
resident of the city where such personal property is for such
individual\'s personal use or enjoyment;
7. In respect to the use of any article of tangible, personal property
used or to be used by commercial airlines or railroads; or
8. In respect to livestock purchased outside the state and brought into
the city for feeding or breeding purposes, and which is later
resold.
(Code 1999, § 7-405; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-406 Time When Due, Returns,
Payment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-406_Time_When_Due,_Returns,_Payment){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The tax levied by this chapter is due and payable at the time and in the
manner and form prescribed for payment of the state use tax under the
state use tax code (68 O.S. § 1401 et seq.).
(Code 1999, § 7-406; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-407 Tax Constitutes
Debt](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-407_Tax_Constitutes_Debt){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Such taxes, penalty and interest due hereunder shall at all times
constitute a prior, superior and paramount claim as against the claims
of unsecured creditors, and may be collected by suit as any other debt.
(Code 1999, § 7-407; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-408 Bracket
System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-408_Bracket_System){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The bracket system guidelines established by the state tax commission
for the collection of sales taxes, including any amendment of same, are
hereby adopted for convenience in collecting both the state use tax and
the city use tax. The use of the bracket system guidelines does not
relieve the retailer or vendor from the duty and liability to remit to
the tax collector an amount equal to the applicable percentage of the
purchase price of such property as required by state law and these
revised ordinances.
(Code 1999, § 7-408; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-409 Collection Of Tax By Retailer Or
Vendor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-409_Collection_Of_Tax_By_Retailer_Or_Vendor){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every retailer or vendor maintaining places of business both within and
without the state, and making sales of tangible, personal property from
a place of business outside the state for use in the city shall at the
time of making such sales collect the use tax levied by this chapter
from the purchaser and give to the purchaser a receipt therefor in the
manner and form prescribed by the tax commission, if the tax commission
shall, by regulation, require such receipt. Each retailer or vendor
shall list with the tax commission the name and address of all his
agents operating in the city and location of any and all distribution or
sales houses or offices or other places of business in the city.
(Code 1999, § 7-409; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-410 Collection Of Tax By Retailer Or Vendor Not Maintaining A
Place Of Business Within State Or Both Within And Without State,
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-410_Collection_Of_Tax_By_Retailer_Or_Vendor_Not_Maintaining_A_Place_Of_Business_Within_State_Or_Both_Within_And_Without_State,_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The tax commission may, in its discretion, upon application, authorize
the collection of the tax herein levied by any retailer or vendor not
maintaining a place of business within the state but who makes sales of
tangible, personal property for use in the city and by the out-of-state
place of business of any retailer or vendor maintaining places of
business both within and without the state and making sales of tangible,
personal property such out-of-state place of business for use in the
city. Such retailer or vendor may be issued, without charge, a permit to
collect such taxes by the tax commission in such manner and subject to
such regulations and agreements as it shall prescribe. When so
authorized, it shall be the duty of such retailer or vendor to collect
the tax upon all tangible, personal property sold to his knowledge for
use within the city. Such authority and permit may be canceled when at
any time the tax commission considers that such tax can more effectively
be collected from the person using such property in the city; provided,
however, that in all instances where such sales are made or completed by
delivery to the purchaser within the city by the retailer or vendor in
such retailer\'s or vendor\'s vehicle, whether owned or leased (not by
common carrier), such sales or transactions shall continue to be subject
to applicable city sales tax at the point of delivery and the tax shall
be collected and reported under the taxpayer\'s sales tax permit number
accordingly.
(Code 1999, § 7-410; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-411 Revoking
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-411_Revoking_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whenever any retailer or vendor not maintaining a place of business in
the state, or both within and without the state, and authorized to
collect the tax herein levied, fails to comply with any of the
provisions of this chapter, the state use tax code or any orders, rules
or regulations of the tax commission, the tax commission may, upon
notice and hearing as provided for in 68 O.S. § 1408, by order revoke
the use tax permit, if any, issued to such retailer or vendor, and if
any such retailer or vendor is a corporation authorized to do business
in the state may, after notice and hearing above provided, cancel the
corporation\'s license to do business in the state and shall issue a new
license only when such corporation has complied with the obligations
under this chapter, the state use tax code, or any orders, rules or
regulations of the tax commission.
(Code 1999, § 7-411; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-412 Remunerative Deductions Allowed Vendors Or Retailers Of Other
States](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-412_Remunerative_Deductions_Allowed_Vendors_Or_Retailers_Of_Other_States){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Returns and remittances of the tax herein levied and collected shall be
made to the tax commission at the time and in the manner, form and
amount as prescribed for returns and remittances required by the state
use tax code; and remittances of tax collected hereunder shall be
subject to the same discount as may be allowed by the code for the
collection of state use taxes.
(Code 1999, § 7-412; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-413 Interest And Penalties,
Delinquency](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-413_Interest_And_Penalties,_Delinquency){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
68 O.S. § 217 is hereby adopted and made a part of this chapter, and
interest and penalties at the rates and in the amounts as herein
specified are hereby levied and shall be applicable in cases of
delinquency in reporting and paying the tax levied by this chapter,
provided that the failure or refusal of any retailer or vendor to make
and transmit the reports and remittances of tax in the time and manner
required by this chapter shall cause such tax to be delinquent. In
addition, if such delinquency continues for a period of five days, the
retailer or vendor shall forfeit his claim to any discount allowed under
this chapter.
(Code 1999, § 7-413; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-414 Waiver Of Interest And
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-414_Waiver_Of_Interest_And_Penalties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The interest or penalty or any portion thereof accruing by reason of a
retailer\'s or vendor\'s failure to pay the city tax herein levied may
be waived or remitted in the same manner as provided for the waiver or
remittance as applied in administration of the state use tax provided in
68 O.S. § 220 and to accomplish the purposes of this section the
applicable provisions of 68 O.S. § 220 are hereby adopted by reference
and made a part of this chapter.
(Code 1999, § 7-414; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-415 Erroneous Payments, Claim For
Refund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-415_Erroneous_Payments,_Claim_For_Refund){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Refund of erroneous payment of the city use tax herein levied may be
made to any taxpayer making such erroneous payment in the same manner
and procedure, and under the same limitations of time, as provided for
administration of the state use tax as set forth in 68 O.S. § 227, and
to accomplish the purpose of this section, the applicable provisions of
68 O.S. § 227 are hereby adopted by reference and made a part of this
chapter.
(Code 1999, § 7-415; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-416 Fraudulent
Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-416_Fraudulent_Returns){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In addition to all civil penalties provided by this chapter, the willful
failure or refusal of any taxpayer to make reports and remittances
herein required, or the making of any false and fraudulent report for
the purpose of avoiding or escaping payment of any tax or portion
thereof rightfully due under this chapter, shall be an offense, and,
upon conviction thereof, the offending taxpayer shall be punished as
provided in section 1-108. Each day of noncompliance with this chapter
shall constitute a separate offense.
(Code 1999, § 7-416; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-417 Records
Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-417_Records_Confidential){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The confidential and privileged nature of the records and files
concerning the administration of the city use tax is legislatively
recognized and declared, and to protect the same the provisions of 68
O.S. § 205, and each subsection thereof, is hereby adopted by reference
and made fully effective and applicable to the administration of the
city use tax as is herein set forth in full.
(Code 1999, § 7-417; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-418 Classification Of
Taxpayers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-418_Classification_Of_Taxpayers){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
For the purpose of this chapter, the classification of taxpayers
hereunder shall be as prescribed by state law for purposes of the state
use tax code (68 O.S. § 1401 et seq.).
(Code 1999, § 7-418; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-419 Subsisting State
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-419_Subsisting_State_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All valid and subsisting permits to do business issued by the state tax
commission pursuant to the state use tax code (68 O.S. § 1401 et seq.)
are for the purpose of this chapter hereby ratified, confirmed and
adopted in lieu of any requirement for an additional city permit for the
same purpose.
(Code 1999, § 7-419; Ord. No. 21(92), 4-20-1992)
::: phx-name
[Sec 7-420 Provisions
Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-420_Provisions_Cumulative){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions hereof shall be cumulative, and in addition to any and
all other taxing provisions of the city ordinances.
(Code 1999, § 7-420; Ord. No. 21(92), 4-20-1992)
::: phx-name
[CHAPTER 7-5 HOTEL
TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-5_HOTEL_TAX){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 7-501
Citation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-501_Citation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-502
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-502_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-503 Tax
Rate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-503_Tax_Rate){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-504
Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-504_Exemptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-505 Certificate Of Exemption
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-505_Certificate_Of_Exemption_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-506 Operator Responsible For Collection; Tax Designated On
Separate
Bills](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-506_Operator_Responsible_For_Collection;_Tax_Designated_On_Separate_Bills){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-507 Records To Be
Kept](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-507_Records_To_Be_Kept){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-508
Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-508_Returns){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-509 Payment Of
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-509_Payment_Of_Tax){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-510 Delinquent
Taxes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-510_Delinquent_Taxes){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-511 Interest On Delinquent
Taxes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-511_Interest_On_Delinquent_Taxes){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-512 Bond
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-512_Bond_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-513 Assessment And Determination Of
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-513_Assessment_And_Determination_Of_Tax){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-514
Refunds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-514_Refunds){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-515
Notices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-515_Notices){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-516 Remedies
Exclusive](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-516_Remedies_Exclusive){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-517 General Powers Of The City
Clerk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-517_General_Powers_Of_The_City_Clerk){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-518 Collection
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-518_Collection_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-519 Use Of
Funds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-519_Use_Of_Funds){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-520 Records
Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-520_Records_Confidential){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-521 Fraudulent
Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-521_Fraudulent_Returns){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-522 Collection By
Suit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-522_Collection_By_Suit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-523
Amendments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-523_Amendments){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-524 Provisions
Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-524_Provisions_Cumulative){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-525
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-525_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 7-501
Citation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-501_Citation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This chapter shall be known and cited as the \"City Hotel Tax.\"
(Prior Code, § 21-46; Code 1999, § 7-501)
::: phx-name
[Sec 7-502
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-502_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Hotel* means any buildings, structures, trailers, or other facilities
in which the public may, for consideration, obtain sleeping
accommodations in which five or more rooms are used for the
accommodation of such guests whether such rooms are in one or several
structures. The term \"hotel\" shall include hotels, apartment hotels,
motels, tourist homes, houses or courts, lodginghouses, inns,
roominghouses, trailer houses, trailer motels, dormitory space, where
bed space is rented to individuals or groups, apartments not occupied by
permanent residents, and all other facilities where rooms or sleeping
facilities or space are furnished for a consideration. The term
\"hotel\" shall not include hospitals, sanitariums or nursing homes.
*Occupancy* means the use or possession, or the right to the use or
possession, of any room in a hotel, or the right to the use or
possession of the furnishings or to the services and accommodations
accompanying the use and possession of the room.
*Occupant* means a person who, for a consideration, uses, possesses, or
has the right to the use of possession of any room in a hotel under the
lease, concession, permit, right of access, license to use, or other
agreement.
*Operator* means any person operating a hotel in the city, including,
but not limited to, the owner, proprietor, lessee, sublessee, mortgagee
in possession, licensee or any other person otherwise operating such
hotel.
*Permanent resident* means any occupant who has or shall have the right
of occupancy of any room in a hotel for at least 30 consecutive days
during the current calendar year or preceding year.
*Rent* means the consideration received for occupancy valued in money,
whether received in money or otherwise, including all receipts, cash,
credits, and property or services of any kind or nature, and also any
amount for which credit is allowed by the operator to the occupant,
without any deductions therefrom whatsoever.
*Return* means any return filed or required to be filed as herein
provided.
*Room* means any room of any kind in any part or portion of a hotel
which is available for or let out for use or possessed for any purpose
other than a place of assembly. As used herein, the term \"place of
assembly\" means a room or space which is capable of being occupied by
75 or more persons and which is used for educational, recreational or
amusement purposes and shall include:
1. Dance halls;
2. Cabarets;
3. Night clubs;
4. Restaurants;
5. Any room or space for public or private banquets, feasts, socials,
card parties or weddings;
6. Lodge and meeting halls or rooms;
7. Skating rinks;
8. Gymnasiums;
9. Swimming pools;
10. Billiard, bowling and table tennis rooms;
11. Halls or rooms used for public or private catering purposes;
12. Funeral parlors;
13. Markets;
14. Recreational rooms;
15. Concert halls;
16. Broadcasting studios; and
17. All other places of similar type of occupancy.
*Tax* means the tax levied pursuant to this chapter.
(Prior Code, § 21-47; Code 1999, § 7-502)
::: phx-name
[Sec 7-503 Tax
Rate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-503_Tax_Rate){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby levied an excise tax of five percent upon the gross
proceeds or gross receipts derived from all rent received for every
occupancy of a room in a hotel or motel in the city, except that the tax
shall not be imposed where the rent is less than the rate of \$3.00 per
day.
(Prior Code, § 21-48; Code 1999, § 7-503; Ord. No. 378(02)-B, § 2,
9-3-2002)
::: phx-name
[Sec 7-504
Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-504_Exemptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following shall be exempt from the tax levied in this chapter:
1. Permanent residents;
2. The United States Government or any agency or division thereof;
3. The state or any political subdivision thereof; and
4. Any organization, corporation or association organized and operated
exclusively for religious, charitable, philanthropic or educational
purposes, provided that its primary purpose is not carrying on a
trade or business for profit.
(Prior Code, § 21-49; Code 1999, § 7-504)
::: phx-name
[Sec 7-505 Certificate Of Exemption
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-505_Certificate_Of_Exemption_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every hotel claiming exemptions shall submit a monthly exemption form,
as provided by the City Clerk, with each monthly room tax report. This
exemption form shall indicate beginning and ending occupancy dates,
number of rooms, number of nights, room(s) occupied, room rate, exempted
amount, the name of the occupant seeking exemption, the exemption
organization with which they are affiliated, reason for the exemption,
and any other information required by the City Clerk. Every exemption
form shall be signed by the hotel manager or authorized agent, so that
the signature shall serve as an acknowledgement that all information
contained on the exemption form is true and correct. Upon submission of
these forms to the City, the City Clerk shall make a final determination
as to the validity of all claimed exemptions. Should the City Clerk
determine that a claimed exemption is not valid, the hotel shall be
assessed the applicable hotel tax plus applicable interest and
penalties. The hotel claiming such exemption is liable for payment of
the hotel tax.
(Prior Code, § 21-49; Code 1999, § 7-505)
::: phx-docs
HISTORY\
*Amended by Ord.
[1025.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1691701149_Scan2023-08-10_155659.pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/5/2023\
*
:::
::: phx-name
[Sec 7-506 Operator Responsible For Collection; Tax Designated On
Separate
Bills](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-506_Operator_Responsible_For_Collection;_Tax_Designated_On_Separate_Bills){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The operator shall be responsible for the collection of the tax from
the occupant and shall be liable to the city for the tax.
2. The operator shall separately designate, charge and show the tax on
all bills, statements, receipts or any other evidence of charges or
payment of rent for occupancy issued or delivered by the operator.
(Prior Code, § 21-50; Code 1999, § 7-506)
::: phx-name
[Sec 7-507 Records To Be
Kept](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-507_Records_To_Be_Kept){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every operator shall keep records of every occupancy and of all rent
paid, charged, or due thereon and of the tax payable thereon in such
form as the city clerk may by regulation require. Such records shall be
available for inspection and examination at any time upon demand by the
city clerk, or a duly authorized agent or employee of the city, and
shall be preserved for a period of three years, except that the city
clerk may consent to their destruction within that period or may require
that they be kept longer.
(Prior Code, § 21-50; Code 1999, § 7-507)
::: phx-name
[Sec 7-508
Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-508_Returns){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every operator shall file with the city clerk a return of occupancy
and of rents and of the taxes payable thereon on a monthly basis.
The return shall be filed no later than the tenth calendar day of
the following month for the occupancy, rents and taxes payable for
the preceding month.
2. The city clerk may permit or require returns to be made by shorter
or longer periods and upon such dates as he may specify. The form of
return shall be prescribed by the city clerk and shall contain such
information as he may deem necessary for the proper administration
of this chapter. The city clerk may require amended returns to be
filed within 20 days after notice and to contain the information
specified in the notice.
(Prior Code, § 21-50; Code 1999, § 7-508; Ord. No. 50(93), 3-1-1993)
::: phx-name
[Sec 7-509 Payment Of
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-509_Payment_Of_Tax){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
At the time of filing a return of occupancy and of rents, each operator
shall pay to the city clerk the taxes imposed by this chapter upon the
rents included in such return, as well as all other monies collected by
the operator acting or purporting to act under the provisions of this
chapter. All the taxes for the period for which a return is required to
be filed shall be due from the operator and payable to the city clerk on
or before the date fixed for the filing of the return for such period
without regard to whether a return is filed or whether the return which
is filed correctly shows the amount of rents and the taxes due thereon.
(Prior Code, § 21-50; Code 1999, § 7-509)
::: phx-name
[Sec 7-510 Delinquent
Taxes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-510_Delinquent_Taxes){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The tax levied by this chapter shall be due and payable at the time
filing of the returns provided for in this chapter is required. All
taxes not paid within five days from the time they become due shall be
delinquent.
(Prior Code, § 21-50; Code 1999, § 7-510)
::: phx-name
[Sec 7-511 Interest On Delinquent
Taxes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-511_Interest_On_Delinquent_Taxes){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. If any tax levied by this chapter becomes delinquent, the person
responsible and liable for such tax shall pay interest on such
unpaid tax at the rate of one percent per month on the unpaid
balance from the date of delinquency.
2. In addition to the interest, if a return is not filed or the total
amount of taxes due remitted within 30 days of the due date as
defined in this chapter, a penalty of ten percent of the total
amount of taxes due shall be assessed. If a return is not filed or
the total amount of taxes due is not paid after 30 days from such
due date, the penalty shall increase to 25 percent of the total
amount of taxes due.
(Prior Code, § 21-50; Code 1999, § 7-511; Ord. No. 489, 7-3-1989)
::: phx-name
[Sec 7-512 Bond
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-512_Bond_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Where the city clerk believes that any operator is about to cease
business, leave the state, or remove or dissipate assets, or for any
other similar reason he deems it necessary to protect the revenues under
this chapter, he may require such operator to file with the city a bond
issued by a surety company authorized to transact business in the state
in such amount as the city clerk may fix to secure the payment of any
tax or penalties and interest due, or which may become due from such
operator. In the event that the city clerk determines that an operator
is to file such bond, he shall give notice to such operator specifying
the amount of bond required. The operator shall file such bond within
five days after the giving of such notice unless within such five days
the operator shall request in writing a hearing before the city council,
at which hearing the necessary propriety and amount of the bond shall be
determined by the city council. Such determination shall be final and
shall be compiled within 15 days thereafter. In lieu of such bond,
securities approved by the city clerk, or cash in such amount as he may
prescribe, may be deposited with the city clerk who may, at any time
after five days\' notice to the depositor, apply them to any tax or any
penalties due and for that purpose the securities may be sold at private
or public sale.
(Prior Code, § 21-50; Code 1999, § 7-512)
::: phx-name
[Sec 7-513 Assessment And Determination Of
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-513_Assessment_And_Determination_Of_Tax){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. If a return required by this chapter is not filed, or if a return
when filed is incorrect or insufficient, the amount of tax due shall
be assessed by the city clerk from such information as may be
obtainable and, if necessary, the tax may be estimated on the basis
of external indices, such as:
1. Number of rooms;
2. Location;
3. Scale of rents;
4. Comparable rents;
5. Types of accommodations and services;
6. Number of employees; or
7. Other factors.
2. Such assessment shall not be performed in an arbitrary or capricious
manner and in no event shall exceed the amount of tax that was due
and payable. Written notice of such assessments shall be given to
the person liable for the collection and payment of the tax. Such
assessment shall finally and irrevocably fix and determine the tax,
unless the person against whom it is assessed, within 90 days after
the giving of notice of such assessment, shall apply in writing to
the city council for a hearing, or unless the city clerk on his own
motion shall reassess the same. After such hearing, the city council
shall give written notice of its determination to the person against
whom the tax is assessed and such determination shall be final.
(Prior Code, § 21-50; Code 1999, § 7-513)
::: phx-name
[Sec 7-514
Refunds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-514_Refunds){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city clerk shall refund or credit any tax erroneously or
illegally collected if written application to the city clerk for
such refund shall be made within two years from the date of payment
thereof. For like causes, and in the same period, a refund may be so
made upon the initiative and the order of the city clerk. Whenever a
refund is made, the reasons therefor shall be stated in writing.
Such application may be made by the person upon whom such tax was
imposed and who has actually paid the tax. Such application may also
be made by the person who has collected and paid such tax to the
city clerk providing that the application is made within two years
of the payment by the occupant to the operator, but no refund of
money shall be made to the operator until he has repaid to the
occupant the amount for which the application for the refund is
made. The city clerk, in lieu of any refund required to be made, may
allow credit therefor on payments due from the applicant.
2. Upon application for a refund, the city clerk may receive evidence
with respect thereof and make such investigation as he deems
necessary. After making a determination as to the refund, the city
clerk shall give notice thereof to the applicant. Such determination
shall be final unless the applicant, within 90 days after such
notice, shall apply in writing to the city council for a hearing.
After such hearing the city council shall give written notice of its
decision to the applicant.
(Prior Code, § 21-50; Code 1999, § 7-514)
::: phx-name
[Sec 7-515
Notices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-515_Notices){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Notices provided for under this chapter shall be deemed to have been
given when such notice has been delivered personally to the operator or
deposited in the United States mail to the last-known address of the
operator.
(Prior Code, § 21-50; Code 1999, § 7-515)
::: phx-name
[Sec 7-516 Remedies
Exclusive](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-516_Remedies_Exclusive){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The remedies provided in this chapter shall be exclusive remedies
available to any person for the review of tax liability imposed by this
chapter.
(Prior Code, § 21-50; Code 1999, § 7-516)
::: phx-name
[Sec 7-517 General Powers Of The City
Clerk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-517_General_Powers_Of_The_City_Clerk){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. In addition to all other powers granted to the city clerk, the city
clerk is hereby authorized and empowered to:
1. Make, adopt and amend rules and regulations appropriate to the
carrying out of this chapter for the purposes thereof;
2. Extend for cause shown the time for filing any return for a
period not exceeding 60 days; and, for cause shown, to waive,
remit or reduce penalties or interest;
3. Delegate his functions hereunder to an assistant or other
employee of the city;
4. Assess, reassess, determine, revise and readjust the taxes
imposed by this chapter, but not the tax rate; and
5. Prescribe methods for determining the taxable and nontaxable
rents.
2. The city clerk, or his designated representative, shall have the
power to administer oaths and take affidavits in relation to any
matter or proceeding in the exercise of their powers and duties
under this chapter. The city clerk shall have the power to subpoena
and require the attendance of witnesses and the production of books,
papers and documents to secure information pertinent to the
performance of his duties hereunder and of the enforcement of this
chapter and to examine them in relation thereto.
(Prior Code, § 21-50; Code 1999, § 7-517)
::: phx-name
[Sec 7-518 Collection
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-518_Collection_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every operator shall apply with the city clerk for a collection permit
in a form prescribed by the city clerk within ten days after the
effective date of the ordinance from which this chapter is derived, or
in the case of the operator\'s commencing business or opening new hotels
after such effective date, within three days after such commencement or
opening. The city clerk shall, within five days after such application,
issue, without charge, to each operator, a collection permit empowering
such operator to collect the tax from the occupant and duplicates
thereof for each additional hotel. Each collection permit or duplicate
shall state the hotel to which it is applicable. Such collection permit
shall be permanently displayed by the operator in such manner that it
may be seen and come to the notice of all occupants and persons seeking
occupancy. Such collection permits shall be nonassignable and
nontransferable and shall be surrendered immediately to the city clerk
upon the cessation of business at the hotel named or upon its sale,
lease, assignment or transfer.
(Prior Code, § 21-50; Code 1999, § 7-518)
::: phx-name
[Sec 7-519 Use Of
Funds](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-519_Use_Of_Funds){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All taxes collected pursuant to the provisions of this chapter shall be
used for the acquisition and development of parks and recreational
facilities of the City, as well as for operational expenses and capital
outlay for repairs and maintenance of said parks and recreational
facilities of the City.
\
(Prior Code, § 21-51; Code 1999, § 7-519)
::: phx-docs
HISTORY\
*Amended by Ord.
[950(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350641_950%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/3/2020\
Amended by Ord.
[962(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_962(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 2/1/2021\
*
:::
::: phx-name
[Sec 7-520 Records
Confidential](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-520_Records_Confidential){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The confidential and privileged nature of the records and files
concerning the administration of the hotel tax is legislatively
recognized and declared, and to protect the same the provisions of 68
O.S. § 205, and subsections thereof, are hereby adopted by reference and
made fully effective and applicable to the administration of the hotel
tax as if herein set forth.
(Prior Code, § 21-52; Code 1999, § 7-520)
::: phx-name
[Sec 7-521 Fraudulent
Returns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-521_Fraudulent_Returns){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The willful failure or refusal of any operator to make reports and
remittances herein required, or the making of any false or fraudulent
report for the purpose of avoiding or escaping payment of any tax or
portion thereof rightfully due under this chapter, shall be an offense,
and, upon conviction thereof, the offending operator shall be subject to
penalty as provided in section 1-108.
(Prior Code, § 21-53; Code 1999, § 7-521; Ord. No. 416, 11-3-1986)
::: phx-name
[Sec 7-522 Collection By
Suit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-522_Collection_By_Suit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The taxes and interest or penalty due under this chapter shall at all
times constitute a prior, superior and paramount claim as against the
claim of unsecured creditors and may be collected by suit as any other
debt. Any taxes which are delinquent, according to the terms of this
chapter, on or subsequent to July 5, 1989, shall be subject to these
enforcement provisions.
(Code 1999, § 7-522; Ord. No. 489, 7-3-1989)
::: phx-name
[Sec 7-523
Amendments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-523_Amendments){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The people, by their approval of this chapter at the election herein
provided, hereby authorize the city council, by ordinance or resolution
duly enacted, to make such administrative and technical changes or
additions in the method and manner of administration and enforcing this
chapter as may be necessary or proper for efficiency and fairness,
except that the rate of the tax herein provided shall not be changed
without approval of the qualified electors of the city as provided by
law.
(Prior Code, § 21-54; Code 1999, § 7-523)
::: phx-name
[Sec 7-524 Provisions
Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-524_Provisions_Cumulative){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions hereof shall be cumulative and in addition to any and all
other taxing provisions of city ordinances.
(Code 1999, § 7-524)
::: phx-name
[Sec 7-525
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-525_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Violations of this chapter are punishable as provided in section 1-108.
(Code 1999, § 7-525)
::: phx-name
[CHAPTER 7-6 TELEPHONE EXCHANGE
FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-6_TELEPHONE_EXCHANGE_FEE){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 7-601 Inspection Fee And Service
Charge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-601_Inspection_Fee_And_Service_Charge){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-602 Charge In Lieu Of Other License
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-602_Charge_In_Lieu_Of_Other_License_Tax){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 7-601 Inspection Fee And Service
Charge](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-601_Inspection_Fee_And_Service_Charge){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. There is hereby levied an annual inspection fee and service charge
upon each and every person operating a telephone exchange in the
city to compensate the city for the expenses incurred and services
rendered incident to the exercise of its police power, supervision,
police regulation and police control of the construction of lines
and equipment of the telephone company in the city.
2. The amount of the inspection fee and service charge shall be an
amount equal to two percent of the gross revenues for each current
year for exchange telephone transmission service rendered wholly
within the limits of the city.
3. The inspection fee and charge shall be due and payable to the city
on or before May 1 of each year and shall be paid into and
appropriated and expended from the general revenue fund of the city.
(Prior Code, § 6-371; Code 1999, § 7-601)
::: phx-name
[Sec 7-602 Charge In Lieu Of Other License
Tax](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-602_Charge_In_Lieu_Of_Other_License_Tax){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
During continued substantial compliance with the terms of this chapter
by the owner of any telephone exchange, the charge levied by this
chapter shall be and continue to be in lieu of all concessions, charges,
excise, franchise, license, privilege, and permit fees or taxes or
assessments, except ad valorem taxes. This section is not intended to
extinguish or abrogate any existing arrangement whereby the city is
permitted to use the underground conduit, duct space or pole contracts
of the company for the fire alarm and police call systems of the city,
or either of them.
(Prior Code, § 6-372; Code 1999, § 7-602)
::: phx-name
[CHAPTER 7-7 UTILITY
TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-7_UTILITY_TAX){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 7-7A GAS UTILITY
TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7A_GAS_UTILITY_TAX){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 7-7B ELECTRIC UTILITY
TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7B_ELECTRIC_UTILITY_TAX){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 7-7A GAS UTILITY
TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7A_GAS_UTILITY_TAX){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 7-701 Gas Utility Tax
Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-701_Gas_Utility_Tax_Levied){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-702 Tax To Be In-Lieu Of
Franchise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-702_Tax_To_Be_In-Lieu_Of_Franchise){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-703 Payable
Monthly](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-703_Payable_Monthly){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-704 Tax Constitutes
Lien](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-704_Tax_Constitutes_Lien){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-705 Ouster For Failure To
Pay](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-705_Ouster_For_Failure_To_Pay){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 7-701 Gas Utility Tax
Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-701_Gas_Utility_Tax_Levied){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
From and after September 2, 1980, there is hereby levied and assessed an
annual tax of two percent upon the gross receipts from residential and
commercial sales of gas in the city, which tax shall be in lieu of any
other franchise, license, occupation or excise tax levied by the city,
all as provided by 68 O.S. § 2601 et seq.
(Code 1999, § 7-701; Ord. No. 250, 9-2-1980)
::: phx-name
[Sec 7-702 Tax To Be In-Lieu Of
Franchise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-702_Tax_To_Be_In-Lieu_Of_Franchise){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The tax levied under this chapter shall, when levied, apply to all
persons, firms, associations or corporations engaged in the business of
furnishing gas within the corporate limits of the city, except it shall
not apply to any person, firm, association or corporation operating
under a valid franchise from the city.
(Code 1999, § 7-702; Ord. No. 250, 9-2-1980)
::: phx-name
[Sec 7-703 Payable
Monthly](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-703_Payable_Monthly){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The tax levied under this chapter shall be levied for a term of not less
than one year and shall be payable monthly and placed in the general
revenue fund of the city.
(Code 1999, § 7-703; Ord. No. 250, 9-2-1980)
::: phx-name
[Sec 7-704 Tax Constitutes
Lien](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-704_Tax_Constitutes_Lien){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The tax so imposed in this chapter shall constitute a first a prior lien
on all the assets located within the city of any person, firm or
corporation engaged in the business of selling gas within the city
limits.
(Code 1999, § 7-704; Ord. No. 250, 9-2-1980)
::: phx-name
[Sec 7-705 Ouster For Failure To
Pay](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-705_Ouster_For_Failure_To_Pay){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person, firm or corporation failing or refusing to pay such tax when
levied shall be regarded as a trespasser and may be ousted from the
city. In addition thereto, an action may be maintained against such
person, firm or corporation for the amount of the tax, and all expenses
of collecting same, including reasonable attorney\'s fees.
(Code 1999, § 7-705; Ord. No. 250, 9-2-1980)
::: phx-name
[ARTICLE 7-7B ELECTRIC UTILITY
TAX](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_7-7B_ELECTRIC_UTILITY_TAX){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 7-711 Electric Utility Tax
Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-711_Electric_Utility_Tax_Levied){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-712 Tax To Be In-Lieu Of
Franchise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-712_Tax_To_Be_In-Lieu_Of_Franchise){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-713 Payable
Monthly](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-713_Payable_Monthly){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-714 Tax Constitutes
Lien](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-714_Tax_Constitutes_Lien){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-715 Ouster For Failure To
Pay](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-715_Ouster_For_Failure_To_Pay){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 7-711 Electric Utility Tax
Levied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-711_Electric_Utility_Tax_Levied){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
From and after September, 2009, there is hereby levied and assessed an
annual tax of the greater amount of any voter-approved franchise fee,
currently three percent, or the annual tax on gross receipts levied as a
result of a municipal ordinance enacted pursuant to 68 O.S. § 2601 upon
the gross receipts from residential and commercial sales of electricity
in the city, which tax shall be in lieu of any other franchise, license,
occupation or excise tax levied by the city.
(Code 1999, § 7-706; Ord. No. 655(09), 12-8-2009)
::: phx-name
[Sec 7-712 Tax To Be In-Lieu Of
Franchise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-712_Tax_To_Be_In-Lieu_Of_Franchise){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The tax levied under this chapter shall, when levied, apply to all
persons, firms, associations or corporations engaged in the business of
furnishing electricity within the corporate limits of the city, except
it shall not apply to any person, firm, association or corporation
operating under a valid franchise from the city.
(Code 1999, § 7-707; Ord. No. 655(09), 12-8-2009)
::: phx-name
[Sec 7-713 Payable
Monthly](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-713_Payable_Monthly){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The tax levied under this chapter shall be levied for a term of not less
than one year and shall be payable monthly and placed in the general
revenue fund of the city.
(Code 1999, § 7-708; Ord. No. 655(09), 12-8-2009)
::: phx-name
[Sec 7-714 Tax Constitutes
Lien](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-714_Tax_Constitutes_Lien){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The tax so imposed in this chapter shall constitute a first a prior lien
on all assets located within the city of any person, firm or corporation
engaged in the business of selling electricity within the city limits.
(Code 1999, § 7-709; Ord. No. 655(09), 12-8-2009)
::: phx-name
[Sec 7-715 Ouster For Failure To
Pay](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-715_Ouster_For_Failure_To_Pay){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person, firm or corporation failing or refusing to pay such tax when
levied shall be regarded as a trespasser and may be ousted from the
city. In addition thereto, an action may be maintained against such
person, firm or corporation for the amount of the tax, and all expenses
of collecting same, including reasonable attorney\'s fees.
(Code 1999, § 7-710; Ord. No. 655(09), 12-8-2009)
::: phx-name
[CHAPTER 7-8 UNCLAIMED
PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_7-8_UNCLAIMED_PROPERTY){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 7-801 Delivery Required;
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-801_Delivery_Required;_Records){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-802 Disposition Of Personal Property, General
Procedures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-802_Disposition_Of_Personal_Property,_General_Procedures){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-803 Seized Illegal Alcohol And Gambling
Paraphernalia](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-803_Seized_Illegal_Alcohol_And_Gambling_Paraphernalia){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-804 Property Of Deceased
Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-804_Property_Of_Deceased_Persons){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-805 Exchange Of Unclaimed Or Confiscated
Weapons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-805_Exchange_Of_Unclaimed_Or_Confiscated_Weapons){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 7-806 Recovery By
Owner](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-806_Recovery_By_Owner){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Disposition of personal property by police
chief, procedures, application to destroy, 11 O.S. § 34-104; Uniform
Unclaimed Property Act, 60 O.S. § 650 et seq.; finders of lost goods, 15
O.S. § 511 et seq.; disposal of stolen or embezzled property coming into
hands of police officers, 22 O.S. § 1321 et seq.; disposal of liquor and
gambling equipment seized by police officers, 22 O.S. § 1261 et seq.;
illegal alcoholic beverages seized, 37 O.S. § 539.\
::: phx-name
[Sec 7-801 Delivery Required;
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-801_Delivery_Required;_Records){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All personal property which comes into the possession of any police
officer, which has been found or stolen or taken off the person or
out of the possession of any prisoner or person suspected of or
charged with being a criminal, and which is not known to belong to
some person laying claim thereto, shall be, by the officer securing
possession thereof, delivered into the charge of the police chief.
The chief shall, in a permanent record book kept for that purpose,
make a record sufficient to identify the property, with the date and
circumstances of the receipt thereof and the name of the person from
whom it was taken and the place where it was found. The record shall
also disclose the subsequent disposal thereof, giving the date of
sale, name and address of the purchaser, and the amount for which it
was sold.
2. For the purpose of this chapter, the term \"police chief\" means the
police chief or his designee.
(Prior Code, § 18-46, in part; Code 1999, § 7-801)
::: phx-name
[Sec 7-802 Disposition Of Personal Property, General
Procedures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-802_Disposition_Of_Personal_Property,_General_Procedures){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The police chief is authorized to sell personal property, other than
animals, money or legal tender of the United States, except as
provided in subsection (B) of this section, which has come into his
possession in any manner if:
1. The owner of the personal property is unknown or has not claimed
the property;
2. The property has been in the custody of the police chief for at
least 90 days; or
3. The property or any part thereof is no longer needed to be held
as evidence or for any other purpose in connection with any
litigation. Any owner, to recover or claim property, must be
able to satisfactorily prove ownership to the police chief.
2. Any property found by a person other than public official which
shall be delivered to any police officer for identification and
registration, if not claimed or identified within 30 days, shall,
within ten additional days thereafter, if requested by the finder,
be returned to him, and a record of such disposal made thereof.
However, in all other cases, only property in which the finder
relinquishes any future claim to its ownership will be stored in the
city police property room.
3. The police chief shall file an application in the district court of
the county requesting the authority of the court to conduct a sale
of such personal property or money or legal tender which has a fair
market value of more than its face value. The police chief shall
attach to his application a list describing such property or money
or legal tender, including any identifying numbers and marks, the
date the property or money or legal tender came into his possession,
and the name of the owner and his address, if known. The court shall
set the application for hearing not less than ten days nor more than
20 days after filing of the application.
4. In any instance where the property has an actual or apparent value
of more than \$250.00, at least ten days prior to the date of the
hearing, notice of the hearing shall be sent by first class mail to
each owner at his address as listed in the application. If the owner
of any property with an actual or apparent value exceeding \$500.00
is unable to be served notice by certified mail, notice shall be
provided by one publication in a newspaper of general circulation in
the county. The notice shall contain a brief description of the
property or money or legal tender of the owner and the place and
date of the hearing. The notice shall be posted at the assigned
place for the posting of city notices, and at two other public
places in the city.
5. If no owner appears and establishes ownership to the property at the
hearing, the court shall enter an order authorizing the chief of
police to dispose of the property as follows:
1. Donate the property having value of less than \$500.00 to a
not-for-profit corporation as defined in 18 O.S. for use by
needy families;
2. Sell the personal property for cash to the highest bidder, after
at least five days\' notice of the sale has been published;
3. Transfer the property to a third-party agent under contract with
the governing body or the chief of police for sale by Internet
or other electronic means, regardless of whether the sale
structure or distribution site is within the state; or
4. By any other means as determined appropriate by the court,
including, but not limited to, destruction.\
Regardless of the means of disposition, the chief of police
shall make a return of the donation or sale and the order of the
court confirming the donation or sale shall vest title to the
property in the recipient or purchaser. After payment of court
costs and other expenses, the remainder of money received from
the sale of the personal property shall be deposited in the city
general fund.
6. All money or legal tender of the United States, except as provided
in subsection (B) of this section, which has come into the
possession of the police chief pursuant to the circumstances
provided for in subsection (A) of this section, shall be transferred
by the police chief to the city clerk for deposit in the general
fund. Prior to any such transfer, the police chief shall file an
application in the district court requesting the court to enter an
order authorizing him to transfer the money for deposit in the
general fund. The application shall describe the money or legal
tender, any serial numbers, the date the same came into his
possession, and the name of the owner and his address, if known.
Upon filing the application which may be joined with an application
as described in subsection (C) of this section, a hearing shall be
set not less than ten days nor more than 20 days from the filing of
the application. Notice of the hearing shall be given as provided
for in subsection (D) of this section. The notice shall state that
upon failure of anyone to appear to prove ownership to the money or
legal tender, the court shall order the same to be deposited in the
general fund. The notice may be combined with a notice to sell
personal property as provided for in subsection (B) of this section.
If no one appears to claim and prove ownership to the money or legal
tender at the hearing, the court shall order the same to be
transferred to the general fund as provided in this subsection.
7. The provisions of this section shall not apply to any dangerous or
deadly weapons, narcotic or poisonous drugs, explosives, or any
property of any kind or character, which the possession of is
prohibited by law, nor to any property for which a specific
procedure is otherwise established by law, ordinance or proper
order. By order of the trial court, any such property filed as an
exhibit or held by the city shall be destroyed or sold or disposed
of, pursuant to the conditions prescribed in such order.
8. Property authorized to be destroyed herein or by state or other law,
or which cannot be sold or used by the city, shall be destroyed on
order of the police chief. The destruction of personal property must
be witnessed by at least three members of the police department who
must sign a certificate of destruction listing all property
destroyed, a general description of same, and the date, time, place
and manner of such destruction.
(Prior Code, § 18-47, in part; Code 1999, § 7-802; Ord. No. 435(03),
12-1-2003)
**State Law reference**--- Similar provisions, 11 O.S. § 34-104.
::: phx-name
[Sec 7-803 Seized Illegal Alcohol And Gambling
Paraphernalia](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-803_Seized_Illegal_Alcohol_And_Gambling_Paraphernalia){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The disposition of seized illegal alcohol and gambling paraphernalia
shall be as provided in 22 O.S. §§ 1261---1264.\
::: phx-name
[Sec 7-804 Property Of Deceased
Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-804_Property_Of_Deceased_Persons){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The personal property of a deceased person shall be delivered only to
the next of kin of such person or to the legally appointed
representative of his estate. If the personal property is claimed by the
legally appointed representative of the estate of the deceased, a
certified copy of the order of the district court appointing such person
shall be deemed sufficient authority to support the claim. If the
personal property is claimed by the next of kin, the claimant shall
furnish an affidavit to the effect that he is the person entitled to
possession of the property; the affidavit shall be deemed sufficient
authority to support the claim. If personal property of a deceased
person remains unclaimed for a period of 90 days, it shall be disposed
of in the appropriate manner provided in this chapter.
(Prior Code, § 18-47, in part; Code 1999, § 7-805)
::: phx-name
[Sec 7-805 Exchange Of Unclaimed Or Confiscated
Weapons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-805_Exchange_Of_Unclaimed_Or_Confiscated_Weapons){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Unclaimed or confiscated weapons which have been in the possession
of the police department for 120 days or more may be traded by the
police chief or his designee, for new weapons for use by the police
department. The unclaimed or confiscated weapons may only be traded
to such gun dealers who have complied with applicable state and
federal regulations concerning firearms and, in the opinion of the
police chief or his designee, are reputable.
2. In trading such unclaimed or confiscated weapons, the police chief
or his designee shall advertise for bids for such trade. Such
advertisement for bids shall be done in accordance with prevailing
and established bid procedure as formulated by the purchasing entity
of the city.
3. The value of such unclaimed and confiscated weapons as hereinabove
discussed shall in all cases be determined by their fair market
value of the new weapons received in such trade.
(Code 1999, § 7-806)
::: phx-name
[Sec 7-806 Recovery By
Owner](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_7-806_Recovery_By_Owner){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If any property is sold as herein provided, and the owner thereof takes
and recovers possession of same from the purchaser, the amount paid
therefor shall be returned to the purchaser, upon verified claim being
submitted and approved by the police chief.
(Prior Code, § 18-47, in part; Code 1999, § 7-807)
::: {.phx-name .phx-break}
[PART 8 HEALTH AND
NUISANCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_8_HEALTH_AND_NUISANCES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[CHAPTER 8-1 NUISANCES AND HEALTH
GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-1_NUISANCES_AND_HEALTH_GENERALLY){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 8-2 WEEDS, GRASS AND
TRASH](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-2_WEEDS,_GRASS_AND_TRASH){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 8-3 DILAPIDATED
BUILDINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-3_DILAPIDATED_BUILDINGS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 8-4 ABANDONED, JUNK
VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-4_ABANDONED,_JUNK_VEHICLES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 8-5 LITTER AND
TRASH](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-5_LITTER_AND_TRASH){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 8-6 FOOD AND MILK
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-6_FOOD_AND_MILK_REGULATIONS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 8-7 SMOKING IN PUBLIC PLACES AND INDOOR
WORKPLACES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-7_SMOKING_IN_PUBLIC_PLACES_AND_INDOOR_WORKPLACES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 8-8 PUBLIC
BATHING/TANNING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-8_PUBLIC_BATHING/TANNING){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 8-9
ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-9_ENFORCEMENT){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 8-10
GRAFFITI](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-10_GRAFFITI){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 8-11 EXTERIOR PROPERTY
MAINTENANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-11_EXTERIOR_PROPERTY_MAINTENANCE){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 8-12 MEDICAL
MARIJUANA](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-12_MEDICAL_MARIJUANA){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 8-13 MULTI-FAMILY
CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-13_MULTI-FAMILY_CODE){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Nuisances generally, 50 O.S. § 1 et seq.;
power of city to summarily abate, 50 O.S. § 16.\
::: phx-name
[CHAPTER 8-1 NUISANCES AND HEALTH
GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-1_NUISANCES_AND_HEALTH_GENERALLY){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 8-101
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-101_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-102 Agricultural
Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-102_Agricultural_Exemption){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-103 Certain Public Nuisances
Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-103_Certain_Public_Nuisances_Defined){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-104 Nuisance
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-104_Nuisance_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-105 Person Responsible For Continuing
Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-105_Person_Responsible_For_Continuing_Nuisance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-106 Time Does Not Legalize
Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-106_Time_Does_Not_Legalize_Nuisance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-107 Remedies Against Public
Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-107_Remedies_Against_Public_Nuisances){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-108 Remedies Against Private
Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-108_Remedies_Against_Private_Nuisances){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-109 City Has Power To Define And Summarily Abate
Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-109_City_Has_Power_To_Define_And_Summarily_Abate_Nuisance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-110 Summary Abatement Of
Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-110_Summary_Abatement_Of_Nuisances){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-111 Health Nuisances;
Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-111_Health_Nuisances;_Abatement){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-112 City Actions Not To Jeopardize Private
Action](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-112_City_Actions_Not_To_Jeopardize_Private_Action){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-113 Escape Of Water
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-113_Escape_Of_Water_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-114 Open Burning
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-114_Open_Burning_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-115 Abatement By Suit In District
Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-115_Abatement_By_Suit_In_District_Court){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-116 Procedure
Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-116_Procedure_Cumulative){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-117 Toilet Facilities
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-117_Toilet_Facilities_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-118 Hypodermic Syringes, Purchase
Regulated](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-118_Hypodermic_Syringes,_Purchase_Regulated){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-119 Obstructing Health Or Enforcement
Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-119_Obstructing_Health_Or_Enforcement_Officer){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-120 Outside Storage Of
Appliances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-120_Outside_Storage_Of_Appliances){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-121 Waste Stabilization
Lagoons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-121_Waste_Stabilization_Lagoons){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Nuisances generally, 50 O.S. § 1 et seq.;
power of city to summarily abate, 50 O.S. § 16.\
::: phx-name
[Sec 8-101
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-101_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this subsection, except where the
context clearly indicates a different meaning:
*Nuisance* means unlawfully doing an act, or omitting to perform a duty,
or is any thing or condition which either:
1. Annoys, injures or endangers the comfort, repose, health or safety
of others;
2. Offends decency;
3. Unlawfully interferes with, obstructs or tends to obstruct or render
dangerous for passage, any lake or navigable river, stream, canal or
basin, or any public park, square, street or other public property;
or
4. In any way renders other persons insecure in life or in the use of
property.
*Private nuisance* means every nuisance not included the definition of
the term \"public nuisance\" as provided in this section.
*Public nuisance* means a nuisance which affects at the same time an
entire community or neighborhood, or any considerable number of persons,
or three or more properties under separate ownership in the vicinity of
such nuisance, although the extent of the annoyance or damage inflicted
upon the individuals may be unequal.
(Prior Code, §§ 12-121, 12-122; Code 1999, § 8-101)
**State Law reference**--- Similar provisions, 50 O.S. § 1.
::: phx-name
[Sec 8-102 Agricultural
Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-102_Agricultural_Exemption){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:\
\
*Agricultural* *activities* includes, but is not limited to, the
growing or raising of horticultural and viticultural crops, berries,
poultry, livestock, aquaculture, grain, mint, hay, dairy products
and forestry activities. The term \"agricultural activities\" also
includes improvements or expansion to the activities provided for in
this definition, including, but not limited to, new technology,
pens, barns, fences, and other improvements designed for the
sheltering, restriction, or feeding of animal or aquatic life, for
storage of produce or feed, or for storage or maintenance of
implements. If the expansion is part of the same operating facility,
the expansion need not be contiguous.\
*Farmland* includes, but is not limited to, land devoted primarily
to production of livestock or agricultural commodities.\
*Forestry* *activity* means any activity associated with the
reforesting, growing, managing, protecting and harvesting of timber,
wood and forest products, including, but not limited to, forestry
buildings and structures.
2. Agricultural activities conducted on farm or ranch land, if
consistent with good agricultural practices and established prior to
nearby nonagricultural activities, are presumed to be reasonable and
do not constitute a nuisance unless the activity has a substantial
adverse effect on the public health and safety. If that agricultural
activity is undertaken in conformity with federal, state and local
laws and regulations, it is presumed to be good agricultural
practice and not adversely affecting the public health and safety.
3. No action for nuisance shall be brought against agricultural
activities on farm or ranch land which has lawfully been in
operation for two years or more prior to the date of bringing the
action. The established date of operation is the date on which an
agricultural activity on farm or ranch land commenced. The
established date of operation for each change is not a separately
and independently established date of operation and commencement of
the expanded activity does not divest the farm or ranch of a
previously established date of operation if:
1. The physical facilities of the farm or ranch are subsequently
expanded or new technology adopted;
2. The farming or ranching is interrupted for no more than three
years; or
3. The farm or ranch participates in a government-sponsored
agricultural program.
4. In any action for nuisance in which agricultural activities are
alleged to be a nuisance, and which action is found to be frivolous
or malicious by the court, the defendant shall recover the aggregate
amount of costs and expenses determined by the court to have been
reasonably incurred in connection with defending the action,
together with a reasonable attorney fee.
5. This section does not relieve agricultural activities of the duty to
abide by state and federal laws, including, but not limited to, the
Oklahoma Concentrated Animal Feeding Operations Act (2 O.S. § 20-40
et seq.) and the Oklahoma Registered Poultry Feeding Operations Act
(2 O.S. § 10-9.1 et seq.).
::: phx-name
[Sec 8-103 Certain Public Nuisances
Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-103_Certain_Public_Nuisances_Defined){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. In addition to other public nuisances declared by other sections of
this Code or law, the following are hereby declared to be public
nuisances:
1. The sale or offering of unwholesome food or drink; or the
keeping of a place where such sales or offerings are made;
2. The sale, offering for sale or furnishing of intoxicating liquor
in violation of the state law or ordinances of the city; or the
keeping of a place where intoxicating liquor is sold, offered
for sale, or furnished in violation of the state law or
ordinances of the city;
3. The exposure, display, sale or distribution of obscene pictures,
books, pamphlets, magazines, papers, documents, or objects; or
the keeping of a place where such are exposed, displayed, sold
or distributed;
4. The keeping of a place where persons gamble, whether by cards,
slot machines, punchboards or otherwise;
5. The keeping of a place where prostitution, illicit sexual
intercourse or other immoral acts are practiced;
6. The keeping of a place where activities in violation of state
law or ordinance are practiced or carried on;
7. The public exposure of a person having a contagious disease as
defined by applicable health laws and regulations;
8. The continued making of loud or unusual noises, music or sounds,
or strong vibrations which annoy persons of ordinary
sensibilities; or the keeping of an animal which makes such
noises;
9. The operation or use of any electrical apparatus or machine
which materially and unduly interferes with radio or television
reception by others;
10. Any use of a street or sidewalk or a place adjacent thereto
which causes crowds of people to gather so as to obstruct
traffic on such street or sidewalk, or which otherwise obstructs
traffic thereon, except as may be authorized by law or
ordinances;
11. Permitting water or other liquid to flow, fall or accumulate, or
ice or snow to fall, from any building or structure upon any
street or sidewalk where mosquitoes breed or are likely to
breed, or which are so constructed, formed, conditioned, or
situated as to endanger the public safety;
12. All wells, pools, cisterns, bodies or containers of water in
which mosquitoes breed or are likely to breed, or which are so
constructed, formed, conditioned or situated as to endanger the
public safety;
13. Rank weeds or grass, carcasses, accumulations of manure, refuse
or other things which are, or are likely to be, breeding places
for flies, mosquitoes, vermin or disease germs, and the premises
on which such exist;
14. Any building or structure which is dangerous to the public
health or safety because of damage, decay or other condition;
15. Any pit, hole or other thing which is so constructed, formed,
conditioned or situated as to endanger the public safety;
16. Any fire or explosion hazard which endangers the public safety;
17. Any occupation or activity which endangers the public peace,
health, morals, safety or welfare;
18. Permitting bagworms to be upon any trees or other plants within
the city;
19. Permitting foul, noxious or offensive odors to escape from
premises; or unusual quantities of dust or other deleterious
substances to escape or emanate across the property line upon
which the same originates;
20. Any stable or other place where animals are kept that may become
obnoxious or annoying to any resident of the city, by reason of
any noise made by the animal therein, or by reason of lack of
sanitation;
21. The keeping in violation of section 4-101 et seq., of any dog
kennels within the city for the breeding and raising of dogs
that shall become offensive or annoying to the public by reason
of the barking and noise made by the animals therein contained;
22. Any vault, cesspool or sink used to receive human excrement,
slops, garbage, refuse or other filthy substance;
23. Any pond, slop, trash, refuse, cobs, manure, decayed or decaying
vegetable matter, left, kept or maintained in such condition as
to endanger the public health;
24. The keeping of any hog pen within the limits of the city in
violation of this Code;
25. Every privy or water closet which shall be in an overflowing,
leaking or filthy condition, or in a condition dangerous,
injurious or annoying to the comfort, health and welfare of any
resident of the city;
26. Any green or unsalted hides of any animal kept in any exposed or
open place within the limits of the city;
27. Any unclean, foul, leaking or broken or defective ditch, drain,
gutter, slop, garbage or manure barrel, box, grease barrel or
other receptacle in the city;
28. Every building or other structure that shall become unsafe and
dangerous from fire, decay or other cause, or shall become
hazardous from fire, by reason of age, decay or construction,
location or other cause, or shall be detrimental to the health,
safety or welfare of the city or its inhabitants from any cause;
29. Allowing the exterior of buildings and structures to be
maintained in such a manner that their appearance constitutes a
blighting influence for adjoining property. As used in this
subsection, the term \"blighting influence\" shall mean the
maintaining of the exterior of a building or structure in a
condition that, if not corrected, would or could cause
surrounding buildings and structures to become likewise
maintained leading to an overall deterioration of the
surrounding area;
30. Failing to remove, allowing to remain or permitting any
unsightly condition commonly referred to as graffiti, which is
defined and prohibited in section 8-1001 et seq.
31. Any tree kept, maintained or not removed in which a limb,
branch, stem, stump or part thereof may cause injury to the
property owner/occupant or any passerby, or may cause damage to
any fence, structure, vehicle or any other property or
utilities.
2. The enumeration in subsection (A) of this section of certain public
nuisances shall be cumulative and not limit other provisions of law
or ordinances defining public or private nuisances either in more
general or more specific terms.
(Prior Code, § 12-123, in part; Code 1999, § 8-102; Ord. No. 73(94),
1-3-1994; Ord. No. 316(01), 3-5-2001; Ord. No. 621(08), 6-2-2008)
::: phx-name
[Sec 8-104 Nuisance
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-104_Nuisance_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall create or maintain a nuisance within the city or permit
a nuisance to remain on premises under his control within the city.
(Prior Code, § 12-124; Code 1999, § 8-103)
::: phx-name
[Sec 8-105 Person Responsible For Continuing
Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-105_Person_Responsible_For_Continuing_Nuisance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every successive owner of property who neglects to abate a continuing
nuisance upon or in the use of such property, created by a former owner,
is liable therefor in the same manner as the person who first created
it.
(Prior Code, § 12-124; Code 1999, § 8-104)
**State Law reference**--- Similar provisions, 50 O.S. § 5.
::: phx-name
[Sec 8-106 Time Does Not Legalize
Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-106_Time_Does_Not_Legalize_Nuisance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No lapse of time can legalize a public nuisance amounting to an actual
obstruction of public right.
(Code 1999, § 8-105)
**State Law reference**--- Similar provisions, 50 O.S. § 7.
::: phx-name
[Sec 8-107 Remedies Against Public
Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-107_Remedies_Against_Public_Nuisances){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The remedies against a public nuisance are:
1. Prosecution on complaint before the municipal court;
2. Prosecution on information or indictment before another appropriate
court;
3. Civil action; or
4. Abatement:
1. By the person injured as provided in 50 O.S. § 12;
2. By the city in accordance with law or ordinance.
(Code 1999, § 8-106)
**State Law reference**--- Similar provisions, 50 O.S. § 5.
::: phx-name
[Sec 8-108 Remedies Against Private
Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-108_Remedies_Against_Private_Nuisances){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The remedies against a private nuisance are:
1. Civil action; or
2. Abatement:
1. By the person injured as provided in 50 O.S. §§ 14 and 15; or
2. By the city in accordance with law or ordinance.
(Code 1999, § 8-107)
**State Law reference**--- Similar provisions, 50 O.S. § 13.
::: phx-name
[Sec 8-109 City Has Power To Define And Summarily Abate
Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-109_City_Has_Power_To_Define_And_Summarily_Abate_Nuisance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
As provided in 50 O.S. § 16, the city is empowered to determine what is
and what shall constitute a nuisance within its corporate limits and,
for the protection of the public health, the public parks and the public
water supply, outside of its corporate limits. Whenever it is practical
to do so, the city has the power summarily to abate any such nuisance
after notice to the owner and an opportunity for him to be heard, if
this can be done.
(Code 1999, § 8-108)
::: phx-name
[Sec 8-110 Summary Abatement Of
Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-110_Summary_Abatement_Of_Nuisances){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Some nuisances are of such nature as to constitute a grave and
immediate danger to the peace, health, safety, morals or welfare of
one or more persons or of the public generally. It is recognized
that circumstances may be such as to justify, and even to require,
the city manager or other appropriate officer or agency of the city
government to take immediate and proper action summarily to abate
such nuisances or to reduce or suspend the danger until more
deliberate action can be taken toward such abatement.
2. An officer subordinate to the city manager may submit to the city
manager a statement as to the existence of a nuisance as defined by
the ordinances of the city or law, and a request or recommendation
that it be abated.
3. The city manager or his designee shall determine if a nuisance
exists as defined by the ordinances of the city or law. If he finds
that a nuisance does in fact exist, he shall direct the owner or
other persons responsible for or causing the nuisance by:
1. Certified mail;
2. Publication if the owner cannot be so served or found;\
to abate the nuisance within a specified time if the peace,
health, safety, morals or welfare of the persons or public
adversely affected would not be unduly jeopardized by the
consequent delay. If such peace, health, safety, morals or
welfare would be unduly jeopardized by the consequent delay, or
if the owner or other persons responsible for or causing the
nuisance do not abate it within the specified time, or if the
persons responsible authorize the city to abate the nuisance,
the manager shall direct the appropriate officer to abate the
nuisance or have it abated, if summary abatement is practical,
as authorized by 50 O.S. § 16. The city shall send a statement
of the cost of such summary abatement to the owner or other
persons responsible for or causing the nuisance, as may be just
under the circumstances, if their names and addresses are known.
Until paid, such cost shall constitute a debt to the city
collectible as other debts may be collected.
4. The determination of the existence of a nuisance and order to abate
it, as made by the city manager, may be appealed by the occupant or
owner or person causing the nuisance by filing a request for hearing
in writing with the city clerk within the period of time specified
in the notice for abatement of the nuisance. The clerk shall cause
the matter to be placed on the agenda of the city council for final
determination with appropriate notice of the hearing provided to the
person requesting the appeal.
(Prior Code, § 12-125, in part; Code 1999, § 8-109)
::: phx-name
[Sec 8-111 Health Nuisances;
Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-111_Health_Nuisances;_Abatement){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Pursuant to authority granted by 63 O.S. § 1-1011, the city shall
have the authority to order the owner or occupant of any private
premises in the city to remove from such premises, at his own
expense, any source of filth, cause of sickness, condition conducive
to the breeding of insects or rodents that might contribute to the
transmission of disease, or any other condition adversely affecting
the public health, within 24 hours, or within such other time as may
be reasonable. Such order shall be in writing and may be served
personally on the owner or occupant of the premises, or authorized
agent thereof, by the city or by a police officer, or a copy thereof
may be left at the last usual place of abode of the owner, occupant
or agent, if known and within the state. If the premises are
unoccupied and the residence of the owner, occupant or agent is
unknown or is outside the state, the order may be served by posting
a copy thereof on the premises or by publication in at least one
issue of a newspaper having a general circulation in the city.
2. If the order is not complied with, the city may cause the order to
be executed and complied with, and the cost thereof shall be
certified and the cost of removing or abating such nuisance shall be
charged to the owner or occupant, enforceable as a lien or any other
method allowed by law or ordinance.
(Prior Code, § 12-151; Code 1999, § 8-110)
::: phx-name
[Sec 8-112 City Actions Not To Jeopardize Private
Action](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-112_City_Actions_Not_To_Jeopardize_Private_Action){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Nothing herein contained shall be construed to abridge the rights of
citizens of the city to bring and maintain actions in the proper courts
for the abatement of private nuisances or those specially injurious to
them.
(Prior Code, § 12-6; Code 1999, § 8-111)
::: phx-name
[Sec 8-113 Escape Of Water
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-113_Escape_Of_Water_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall permit or cause the escape or flow of water in such
quantity as to cause flooding, or impede vehicular or pedestrian
traffic, or create a hazardous condition to such traffic, or cause
damage to the public streets of the city.
2. Water from private pools shall be drained or disposed of in such
manner as to not run on adjacent property, and if not directly
connected to the sanitary sewer system, private pools shall be
drained into a sanitary sewer cleanout. If a sanitary sewer cleanout
is not available, the private pool shall be pumped into a container
truck and disposed of properly. In no way shall chlorinated or
unclean pool water, including water with algae, chemicals, or dirt
or sediment, be allowed to drain into the storm sewer system,
creeks, or drainage channels.
(Code 1999, § 8-112; Ord. No. 590(07), 6-18-2007)
::: phx-name
[Sec 8-114 Open Burning
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-114_Open_Burning_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful to burn any fire outside of any enclosed building in the
city for the purpose of burning grass, trash, leaves, weeds, papers,
refuse, garbage or any other substance, except in an approved
incinerator and except as may be allowed by the city fire code and any
applicable state or city regulations.
(Code 1999, § 8-113)
::: phx-name
[Sec 8-115 Abatement By Suit In District
Court](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-115_Abatement_By_Suit_In_District_Court){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In cases where it is deemed impractical summarily to abate a nuisance,
the city may bring suit in the district court.
(Prior Code, § 12-6, in part; Code 1999, § 8-114)
::: phx-name
[Sec 8-116 Procedure
Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-116_Procedure_Cumulative){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The procedures for abating nuisances prescribed by this chapter and by
other provisions of law and ordinance shall be cumulative one to the
other. The city may elect to follow any such procedure which is
applicable in abating any particular nuisance.
(Prior Code, § 12-5; Code 1999, § 8-115)
::: phx-name
[Sec 8-117 Toilet Facilities
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-117_Toilet_Facilities_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:\
*Human excrement* means the bowel and kidney discharge of human
beings.\
*Sanitary pit privy* means a waterless privy which is built, rebuilt
or constructed so as to conform with the specifications approved by
the state health department.\
*Sanitary water closet* means the flush type toilet which is
connected with a sanitary sewer line of such capacity and
construction as to carry away the contents at all times.
2. Every owner of a residence or other building in which humans reside,
are employed or congregate within the city shall install, equip and
maintain adequate sanitary facilities for the disposal of human
excrement by use of a sanitary water closet or a sanitary pit privy.
The closets and toilets hereby required shall be of the sanitary
water closet type when located within 200 feet of a sanitary sewer
and accessible thereto and of the sanitary water closet type
(notwithstanding a greater distance from a sanitary sewer) or the
water closet type emptying into a septic tank system or the pit
privy type. A septic tank system or a pit privy may be used in such
cases only if it meets the standards of and is approved by the state
health department.
3. All human excrement disposed of within the city shall be disposed of
by depositing it in closets and privies of the type provided for in
this section. It is unlawful for any owner of property within the
city to permit the disposal of human excrement thereon in any other
manner, or for any person to dispose of human excrement within the
city in any other manner.
4. All privies shall be kept clean and sanitary at all times, and the
covers of the seats of privies shall be kept closed at all times
when the privies are not being used. No wash water, kitchen slop or
anything other than human excrement and toilet paper shall be
emptied into a privy. No excrement from any person suffering from
typhoid fever, dysentery or other serious bowel disease shall be
deposited in any sanitary pit privy or sanitary water closet until
it is disinfected in such a manner as may be prescribed by the
health officer.
5. All facilities for the disposal of human excrement in a manner
different from that required by this section and all privies and
closets so constructed, situated or maintained as to endanger the
public health are hereby declared to be public nuisances, and may be
dealt with and abated as such. Any person maintaining any such
nuisance is guilty of an offense and each day upon which any such
nuisance continues is a separate offense.
(Code 1999, § 8-116)
::: phx-name
[Sec 8-118 Hypodermic Syringes, Purchase
Regulated](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-118_Hypodermic_Syringes,_Purchase_Regulated){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person may sell a hypodermic syringe of any type to any person,
company, hospital, medical facility or other organization or
pharmacist not licensed for the medical treatment of people, animals
or fowl or licensed to sell drugs or medical supplies at retail
without first requiring identification of the purchaser and
production by the purchaser of a certificate of need or a
prescription for the purchase of the hypodermic syringe from a
licensed physician, surgeon, or official of a state, county, or
city-county health department, and if the need is for use of the
hypodermic syringe with animals or fowl the certificate or
prescription may be from a doctor of veterinary medicine.
2. The seller shall maintain a record of such sales, including the
person to whom the hypodermic syringe was sold, the address of the
buyer, the date of sale and the number of hypodermic syringes sold.
3. The records required by this section shall be kept open at all times
to the inspection of the chief of police or his deputy, to any
officer of the police department, or to any other person so
authorized in writing by the chief of police or a court of competent
jurisdiction.
4. Any person who uses a disposable syringe shall, immediately after
use of such syringe, destroy it or render it inoperable so that such
used syringe cannot be used again by any other person.
5. Any person who uses a permanent type needle or syringe shall,
immediately after final use of such needle or syringe, destroy the
needle or syringe rendering it inoperable so that such needle or
syringe cannot be used again by any other person.
6. Every article sold and every day a sale is conducted in violation of
this section shall constitute a separate offense.
(Prior Code, § 12-3; Code 1999, § 8-117)
::: phx-name
[Sec 8-119 Obstructing Health Or Enforcement
Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-119_Obstructing_Health_Or_Enforcement_Officer){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to willfully obstruct or interfere with
any health officer or other code enforcement officer charged with the
enforcement of the health or nuisance laws of the city.
(Prior Code, § 12-4; Code 1999, § 8-118)
::: phx-name
[Sec 8-120 Outside Storage Of
Appliances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-120_Outside_Storage_Of_Appliances){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful and an offense for any person to leave outside of any
building or dwelling any range, stove, oven, ice box, refrigerator,
washer, dryer, plumbing fixture, such as, but not limited to,
bathtubs, sinks, and toilets, or other container of any kind of a
capacity of 1½ cubic feet or more.
2. The use of said aforementioned items for a purpose different than
its original use shall not operate to change the use from its
originally intended purpose.
(Code 1999, § 8-119; Ord. No. 465, 10-3-1988; Ord. No. 514(05),
8-15-2005; Ord. No. 587(07), 5-21-2007)
**State Law reference**--- Similar provisions, 21 O.S. § 1208.
::: phx-name
[Sec 8-121 Waste Stabilization
Lagoons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-121_Waste_Stabilization_Lagoons){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Definition.* A waste stabilization lagoon is a structure
specifically designed to treat liquid organic wastes by biological,
chemical and physical processes commonly referred to as natural
self-purification. It is normally a relatively shallow, diked
structure and may receive either raw or pretreated wastes. The
satisfactory operation of the process depends upon the growth of
algae and like organisms for the production of oxygen through
photosynthesis; therefore, conditions must be maintained which are
conducive to the growth of algae, such as proper water depth,
sufficient dissolved oxygen, and maximum penetration of sunlight.
2. *Construction.*
1. No waste stabilization lagoons shall be installed or constructed
within the limits of the city until and unless the city council
has approved the proposal for such construction and
installation. The review herein contemplated to be made by the
council shall consist of, but not necessarily limited to, the
following matters:
1. The location of the lagoon site;
2. Its proximity to residential areas;
3. A consideration of the effect on the surrounding area if the
lagoon breaks or its proper operation is interrupted for any
cause;
4. The effect of such lagoon on surrounding property values;
5. If the lagoon is not a full retention lagoon, the direction
of flow and ultimate disposition of the effluent from
overflow.
2. If city council approves a proposed waste stabilization lagoon,
construction and installation shall comply with the state
department of environmental quality regulations.
(Code 1999, § 8-120; Ord. No. 267(99), 11-15-1999)
::: phx-name
[CHAPTER 8-2 WEEDS, GRASS AND
TRASH](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-2_WEEDS,_GRASS_AND_TRASH){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 8-201
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-201_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-202 Accumulation Of Trash Or Weeds; Unlawful,
Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-202_Accumulation_Of_Trash_Or_Weeds;_Unlawful,_Nuisance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-203 Same; Duty Of Owner, Occupant To Maintain Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-203_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-204 Same; Reports Of Accumulation On
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-204_Same;_Reports_Of_Accumulation_On_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-205 Same; Receipt Of Report, Hearing And
Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-205_Same;_Receipt_Of_Report,_Hearing_And_Notice){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-206 Same; Abatement By City, Selection Of
Contractors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-206_Same;_Abatement_By_City,_Selection_Of_Contractors){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-207 Same; Summary Abatement Of Subsequent
Accumulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-207_Same;_Summary_Abatement_Of_Subsequent_Accumulations){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-208 Same; Determination And Assessment Of
Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-208_Same;_Determination_And_Assessment_Of_Costs){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-209 Same; Lien On The Property, Civil
Remedy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-209_Same;_Lien_On_The_Property,_Civil_Remedy){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-210 Dead Or Diseased Trees; Allowing To Remain On Any Lot Within
The
City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-210_Dead_Or_Diseased_Trees;_Allowing_To_Remain_On_Any_Lot_Within_The_City){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-211 Same; Duty Of Owner, Occupant To Maintain Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-211_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-212 Same;
Reports](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-212_Same;_Reports){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-213 Same; Receipt Of Report, Hearing And
Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-213_Same;_Receipt_Of_Report,_Hearing_And_Notice){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-214 Same; Abatement By
City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-214_Same;_Abatement_By_City){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-215 Same; Determination And Assessment Of
Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-215_Same;_Determination_And_Assessment_Of_Costs){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-216 Same; Lien On The Property, Civil
Remedy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-216_Same;_Lien_On_The_Property,_Civil_Remedy){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Cleaning and mowing of property, 11 O.S. §
22-111.\
::: phx-name
[Sec 8-201
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-201_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Administrative officer* means the community development director or his
designee.
*Owner* means the owner of record as shown by the most current tax rolls
of the county treasurer.
*Trash* means any refuse, litter, ashes, leaves, debris, paper,
combustible materials, rubbish, offal, waste, or matter of any kind or
form which is uncared for, discarded or abandoned.
*Weed*.
1. The term \"weed\" includes, but is not limited to, poison ivy,
poison oak or poison sumac and all vegetation at any stage of
maturity which:
1. Exceeds 12 inches in height, except healthy trees, shrubs or
produce for human consumption or grown in a tended and
cultivated garden, unless such trees and shrubbery by their
density or location constitute a detriment to the health,
benefit and welfare of the public and community or a hazard to
traffic or create a fire hazard to the property or otherwise
interfere with the mowing of the weeds;
2. Regardless of height, harbors, conceals or invites deposits or
accumulation of refuse or trash;
3. Harbors rodents or vermin;
4. Gives off unpleasant or noxious odors;
5. Constitutes a fire or traffic hazard; or
6. Is dead or diseased.
2. The term \"weed\" does not include tended crops on land zoned for
agricultural use which are planted more than 150 feet from a parcel
zoned for other than agricultural use.
(Code 1999, § 8-201; Ord. No. 453, 7-18-1988)
::: phx-name
[Sec 8-202 Accumulation Of Trash Or Weeds; Unlawful,
Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-202_Accumulation_Of_Trash_Or_Weeds;_Unlawful,_Nuisance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful and a nuisance for any owner or occupant of any lot,
tract or parcel of land situated wholly or in part within the
corporate limits of the city to allow trash or weeds to grow, stand
or accumulate upon such premises, or along the sidewalk, street or
improved alleys adjacent to such premises. It is the duty of such
owner or occupant to cut, remove or destroy any such weeds and
remove any such trash.
2. No owner or occupant of land or lots shall:
1. Knowingly permit the throwing or dumping upon his premises of
any refuse, rubbish or trash; or
2. Permit such materials to remain on his premises for more than
ten days after being notified to remove them by the city or the
county health department whether or not the owner or occupant
knew of or permitted such throwing or depositing.
3. In addition to a penalty for violation of this section or section
8-203, the city may abate as a public nuisance any condition
prohibited herein pursuant to this chapter, any other law or
ordinance, all of which shall be cumulative.
(Code 1999, § 8-202; Ord. No. 537, 9-4-1990)
::: phx-name
[Sec 8-203 Same; Duty Of Owner, Occupant To Maintain Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-203_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person owning, leasing, occupying or having charge of any private
property or premises shall maintain or keep any refuse, rubbish, trash
or similar material except dirt thereon; nor shall such person allow the
accumulation of any such material; nor shall any such person keep or
maintain such premises in a manner causing substantial diminution in the
value of other property in the neighborhood in which the premises are
located. No prosecution may be undertaken under this section until such
person shall have been given ten days\' notice by the city of the
condition and an order to fully abate the alleged deficiency.
(Code 1999, § 8-203; Ord. No. 537, 9-4-1990)
::: phx-name
[Sec 8-204 Same; Reports Of Accumulation On
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-204_Same;_Reports_Of_Accumulation_On_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any officer or employee of the city who discovers an accumulation of
trash or the growth of grass and weeds, or both these conditions, upon
any premises within the limits of the city, shall report the condition
to the administrative officer if, as a result of the accumulation or
growth, the premises appear to be:
1. Detrimental to the health, benefit and welfare of the public and the
community;
2. A hazard to traffic;
3. A fire hazard to property; or
4. Any two or more of these conditions.
(Code 1999, § 8-204; Ord. No. 453, 7-18-1988)
::: phx-name
[Sec 8-205 Same; Receipt Of Report, Hearing And
Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-205_Same;_Receipt_Of_Report,_Hearing_And_Notice){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Upon determination that a nuisance or violation section 8-202
exists, the administrative officer shall give written notice of the
finding and direct the owner or occupant to abate the condition
within ten days. However, the administrative officer may grant
additional time as deemed to be reasonable for the cutting, removal
or destruction of weeds or trash.
2. The written notice in subsection (A) of this section shall be sent
by mail to the occupant or owner of the property at the address
shown by the current year\'s tax rolls in the office of the
treasurer of the county in which the property is located. If the
property owner cannot be located, notice may be given by posting a
copy of the notice on the property or by publication as provided in
11 O.S. § 1-102 one time not less than ten days prior to any hearing
or action by the city. At the time of mailing of notice to the owner
or occupant, the city shall obtain a receipt of mailing from the
postal service, which receipt shall indicate the date of mailing and
the name and address of the mailee.
3. If the city anticipates summary abatement as provided in section
8-207, the notice shall contain further language as required by
state law as to possible future summary abatement action which may
be taken by the city.
4. The owner or occupant may give written consent, authorizing the city
to abate the nuisance. Such consent shall waive the right of the
owner or occupant to a hearing under subsections (E) through (G) of
this section.
5. At any time within ten days after the date of mailing, posting or
publication of the notice required in this section, the owner or
occupant may request, in writing addressed to the administrative
officer, a hearing for the purpose of contesting the determination
that a nuisance exists on the property. The administrative officer
shall conduct a hearing as soon as practicable but not earlier than
ten days after receipt of the owner\'s request for such hearing, and
not later than 15 days after such receipt. At such hearing such
owner shall have the right to be represented by counsel, to present
testimony, other evidence and arguments, and to cross examine
witnesses. All testimony shall be taken under oath. If the director,
after such hearing, shall determine that any weeds or trash
constitute a nuisance which is immediately detrimental to the health
or a fire or traffic hazard on such property, and shall determine
that the persons requesting such hearing are owners of the property
upon which such nuisance is located, he shall file in writing his
findings of fact and his order that such nuisance be abated within
ten days, and shall cause such findings and order to be served upon
such owner at the conclusion of the hearing. If the nuisance has not
been abated following fifth day, a citation will be issued to the
owner or occupant pursuant to section 8-202.
6. An appeal from a final order of the director made pursuant to the
provisions of this chapter may be had by any person aggrieved
thereby by filing with the court clerk within five days from the
date of the director\'s final order a written notice of appeal. The
court clerk shall thereupon set the matter for a hearing before the
municipal judge, and shall notify the appellant by registered mail
of the time and date when the matter will be heard. Upon the filing
of the notice of appeal, the director shall forthwith transmit to
the court clerk all records and orders pertaining thereto.
7. The municipal judge, after hearing the matter in a summary manner,
may sustain, reverse, or modify the order of the director. The
court\'s review shall be limited to a review of the finding of facts
and order of the administrative officer to determine if the
provisions of this chapter have been complied with.
(Code 1999, § 8-205; Ord. No. 453, 7-18-1988)
::: phx-name
[Sec 8-206 Same; Abatement By City, Selection Of
Contractors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-206_Same;_Abatement_By_City,_Selection_Of_Contractors){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. In the event that:
1. No hearing shall have been requested as provided for in this
chapter;
2. The administrative officer or municipal judge, after such
hearing, shall have ordered such nuisance to be abated; and
3. Such nuisance shall not have been abated within the respective
period specified;
the administrative officer may cause such nuisance to be abated
forthwith by directing the city\'s successful contract bidder to
cut, mow, or clear the property or abate, remove or destroy the
nuisance, in as many instances as may be necessary for continual
abatement of the nuisance, and shall cause a citation to be issued
and a complaint to be filed through the city attorney against such
owner in municipal court for the violation of this Code.
2. The administrative officer shall prepare appropriate specifications
and advertise for bids, in the manner prescribed by law, and, with
city council approval, shall award a contract for one year to the
lowest and best bidder to cut, mow or clean property. The cost of
abating such nuisance, in each and every instance where it is
abated, shall be borne by the property owner, and shall be assessed
as provided in this chapter.
(Code 1999, § 8-206; Ord. No. 453, 7-18-1988; Ord. No. 198(97),
7-21-1997)
::: phx-name
[Sec 8-207 Same; Summary Abatement Of Subsequent
Accumulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-207_Same;_Summary_Abatement_Of_Subsequent_Accumulations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If the city causes property within the corporate limits to be cleaned of
trash and weeds in accordance with the procedures provided for in this
chapter, any subsequent accumulations of trash or weeds on the property
within a six-month period may be declared a nuisance and may be
summarily abated without prior notice to the property owner. At the time
of such summary abatement the city clerk shall notify the property owner
of the abatement and of the costs thereof. The notice shall state that
the property owner may request a hearing within ten days from the date
of mailing the notice. The notice and hearing shall be as provided in
section 8-205. Unless otherwise determined at the hearing, the cost of
such abatement shall be determined and collected as hereinafter
provided. This section shall not apply if the records of the county
clerk show that the property was transferred after notice was given
pursuant to section 8-205.
(Code 1999, § 8-207)
::: phx-name
[Sec 8-208 Same; Determination And Assessment Of
Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-208_Same;_Determination_And_Assessment_Of_Costs){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Upon the completion of the work ordered to be performed under section
8-205, the administrative officer shall certify the actual and necessary
cost required to be expended in the abatement of the nuisance, together
with such administrative expense for mailing of notices and other
allowable costs, with a demand for payment of the total cost, and
forward it by mail to:
1. The occupant or owner of the property at the address shown by the
current tax rolls in the office of the treasurer of the country in
which the property lies; or
2. To the address given by the person giving his written consent or
requesting the appeal as provided in section 8-205(b).
(Code 1999, § 8-208; Ord. No. 453, 7-18-1988; Ord. No. 376(02),
7-15-2002)
::: phx-name
[Sec 8-209 Same; Lien On The Property, Civil
Remedy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-209_Same;_Lien_On_The_Property,_Civil_Remedy){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If the costs of the work performed under this chapter are not paid
within 30 days from the date of mailing the notice prescribed by section
8-208, the clerk shall forward a certified statement of the amount of
the costs to the county treasurer of the county in which the property
upon which the work was done is located, in order that the amount be
levied upon the property and be collected by the county treasurer in the
manner prescribed by the law of the state. Until fully paid, the cost
and the interest thereon shall be the personal obligation of the
property owner and a lien against the property as provided by law. The
lien on the property is coequal with the lien of ad valorem taxes and
all other taxes and special assessments and prior and superior to all
other titles and liens against the property. The lien shall continue
until the cost is fully paid. At any time prior to collection as
provided in this section the city may pursue any civil remedy for
collection of the amount owing and interest thereon, including an action
in personam against the property owner and an action in rem to foreclose
its lien against the property. Upon receiving payment, in full, the
clerk shall forward to the county treasurer a notice of such payment and
directing discharge of the lien.
(Code 1999, § 8-209; Ord. No. 453, 7-18-1988)
::: phx-name
[Sec 8-210 Dead Or Diseased Trees; Allowing To Remain On Any Lot Within
The
City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-210_Dead_Or_Diseased_Trees;_Allowing_To_Remain_On_Any_Lot_Within_The_City){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any owner or occupant of any lot, tract or parcel of
land situated wholly or in part within the corporate limits of the city
to allow a dead or diseased tree to stand upon such premises, or along
the sidewalk, street or improved alleys adjacent to such premises. It is
the duty of such owner or occupant to remove said dead or diseased tree
which shall be cumulative.
::: phx-docs
HISTORY\
*Adopted by Ord.
[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/2/2016\
*
:::
::: phx-name
[Sec 8-211 Same; Duty Of Owner, Occupant To Maintain Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-211_Same;_Duty_Of_Owner,_Occupant_To_Maintain_Private_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person owning, leasing, occupying or having charge of any private
property or premises shall maintain or allow any dead or diseased tree
thereon in the neighborhood in which the premises are located. No
prosecution may be undertaken under this section until such person shall
have been given 45 days\' notice by the city of the condition and an
order to fully abate the alleged deficiency by removal of the dead or
diseased tree.
::: phx-docs
HISTORY\
*Adopted by Ord.
[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/2/2016\
*
:::
::: phx-name
[Sec 8-212 Same;
Reports](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-212_Same;_Reports){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any officer or employee of the city who discovers a dead or diseased
tree upon any premises within the limits of the city shall report the
condition to the community development director or his designee.
::: phx-docs
HISTORY\
*Adopted by Ord.
[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/2/2016\
*
:::
::: phx-name
[Sec 8-213 Same; Receipt Of Report, Hearing And
Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-213_Same;_Receipt_Of_Report,_Hearing_And_Notice){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Upon determination that a violation of section 8-210 exists, the
administrative officer shall give written notice of the finding and
direct the owner or occupant to abate the condition by removing the
dead or diseased tree within 45 days. The administrative officer may
grant additional time as deemed to be reasonable for the cutting,
removal or destruction of the dead or diseased tree.
2. The written notice in subsection (A) of this section shall be sent
by certified mail to the occupant or owner of the property at the
address shown by the current year\'s tax rolls in the office of the
treasurer of the county in which the property is located. If the
property owner cannot be located, notice may be given by posting a
copy of the notice on the property or by publication as provided in
11 O.S. § 1-102, one time not less than ten days prior to any
hearing or action by the city. At the time of mailing of notice to
the owner or occupant, the city shall obtain a receipt of mailing
from the postal service, which receipt shall indicated the date of
mailing and the name and address of the mailer.
3. The owner or occupant may give written consent, authorizing the city
to abate the dead or diseased tree. Such consent shall waive the
right of the owner or occupant to a hearing under subsection (D) of
this section.
4. At any time within ten days after the date of mailing, posting or
publication of the notice required in this section, the owner or
occupant may request, in writing addressed to the community
development director or his designee, a hearing for the purpose of
contesting the determination that a dead or diseased tree exists on
the property. The community development director or designee shall
conduct a hearing as soon as practicable but not earlier than five
days after receipt of the owner\'s request for such hearing, and not
later than 15 days after such receipt. At such hearing said owner
shall have the right to be represented by counsel, to present
testimony, offer evidence and arguments, and to cross examine
witnesses. If the community development director, or designee, after
such hearing shall determine that any dead or diseased tree exists
on the property, and that the persons requesting such hearing are
owners of the property upon which said dead or diseased tree is
located, the community development director, or designee, shall file
in writing their findings of fact and order that such dead or
diseased tree be removed within 45 days, and shall cause such
findings and order to be served upon such owner within ten days of
the conclusion of the hearing.
::: phx-docs
HISTORY\
*Adopted by Ord.
[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/2/2016\
*
:::
::: phx-name
[Sec 8-214 Same; Abatement By
City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-214_Same;_Abatement_By_City){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In the event that no hearing shall have been requested as provided for
in this chapter, or such dead or diseased tree shall not have been
abated within the respective period specified, the community development
director or designee may cause such dead or diseased tree to be abated.
::: phx-docs
HISTORY\
*Adopted by Ord.
[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/2/2016\
*
:::
::: phx-name
[Sec 8-215 Same; Determination And Assessment Of
Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-215_Same;_Determination_And_Assessment_Of_Costs){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Upon the completion of the work ordered to be performed under section
8-213, the community development director or designee shall certify the
actual and necessary cost required to be expended in the abatement of
the dead or diseased tree, together with such administrative expense for
mailing of notices and other allowable costs, with a demand for payment
of the total cost, and forward it by mail to:
1. The occupant or owner of the property at the address shown by the
current tax rolls in the office of the county treasurer; or
2. To the address given by the person giving his written consent or
requesting the appeal as provided in 8-213.
::: phx-docs
HISTORY\
*Adopted by Ord.
[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/2/2016\
*
:::
::: phx-name
[Sec 8-216 Same; Lien On The Property, Civil
Remedy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-216_Same;_Lien_On_The_Property,_Civil_Remedy){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If the costs of the work performed under this chapter are not paid
within 30 days from the date of mailing the notice prescribed by section
8-215, the clerk shall forward a certified statement of the amount of
the costs to the county treasurer, in order that the amount be levied
upon the property and be collected by the county treasurer in the manner
prescribed by the law of the state. Until fully paid, the cost and the
interest thereon shall be the personal obligation of the property owner
and a lien against the property as provided by law. The lien on the
property is coequal with the lien of ad valorem taxes and all other
taxes and special assessments and prior and superior to all titles and
liens against the property. The lien shall continue until the cost is
fully paid. At any time prior to collection as provided in this section
the city may pursue any civil remedy for collection of the amount owing
and interest thereon, including an action in personam against the
property owner and an action in rem to foreclose its lien against the
property. Upon receiving payment, in full, the clerk shall forward to
the county treasurer a notice of such payment and directing discharge of
the lien.
::: phx-docs
HISTORY\
*Adopted by Ord.
[812(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327480_Ordinance%20No.%20812%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/2/2016\
*
:::
::: phx-name
[CHAPTER 8-3 DILAPIDATED
BUILDINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-3_DILAPIDATED_BUILDINGS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 8-301
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-301_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-302 Report To Be
Made](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-302_Report_To_Be_Made){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-303 Condemnation Of Dilapidated Buildings, Notice, Removal, Lien,
Payment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-303_Condemnation_Of_Dilapidated_Buildings,_Notice,_Removal,_Lien,_Payment){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-304 Clearing Up Of Premises From Which Buildings Have Been
Removed](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-304_Clearing_Up_Of_Premises_From_Which_Buildings_Have_Been_Removed){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-305 Boarding And Securing Dilapidated Buildings,
Procedure](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-305_Boarding_And_Securing_Dilapidated_Buildings,_Procedure){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-306
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-306_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Authority to abate dilapidated buildings, 11
O.S. § 22-112 et seq.\
::: phx-name
[Sec 8-301
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-301_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Administrative officer* means the community development director or his
designee.
*Boarding and securing* or *boarded and secured* means the closing,
boarding or locking of any or all exterior openings so as to prevent
entry into the structure.
*Cleaning* or *cleaned* means the removal of trash or weeds from the
premises.
*Dilapidated building* means:
1. A structure which through neglect or injury lacks necessary repairs
or otherwise is in a state of decay or partial ruin to such an
extent that the structure is a hazard to the health, safety, or
welfare of the general public;
2. A structure which is unfit for human occupancy due to the lack of
necessary repairs and is considered uninhabitable or is a hazard to
the health, safety, and welfare of the general public;
3. A structure which is determined by the city council or
administrative officer of the city council to be an unsecured
building, more than three times within any 12-month period;
4. A structure which has been boarded and secured as provided in 11
O.S. § 22-112.1, for more than six(6) consecutive months; or
5. A structure declared by the city council to constitute a public
nuisance.
*Unsecured building* means any structure which is not occupied by a
legal or equitable owner thereof, or by a lessee of a legal or equitable
owner, and into which there are one or more unsecured openings such as
broken windows, unlocked windows, broken doors, unlocked doors, holes in
exterior walls, holes in the roof, broken basement or cellar hatchways,
unlocked basement or cellar hatchways or other similar unsecured
openings which would facilitate an unauthorized entry into the
structure.
(Prior Code, § 5-28, in part; Code 1999, § 8-301)
**State Law reference**--- Similar provisions, 11 O.S. § 22-112.
::: phx-docs
HISTORY\
*Amended by Ord.
[1017.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1017.22.pdf){.k-link
target="_blank" style="color:#0000EE"} on 11/7/2022\
*
:::
::: phx-name
[Sec 8-302 Report To Be
Made](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-302_Report_To_Be_Made){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any officer or employee of the city who discovers or receives a report
of a dilapidated building which has become detrimental to the health,
benefit and welfare of the public and the community or creates a fire
hazard to the danger of property, shall report such conditions to the
administrative officer.
(Prior Code, § 5-28, in part; Code 1999, § 8-302)
::: phx-name
[Sec 8-303 Condemnation Of Dilapidated Buildings, Notice, Removal, Lien,
Payment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-303_Condemnation_Of_Dilapidated_Buildings,_Notice,_Removal,_Lien,_Payment){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The administrative officer may cause dilapidated buildings within the
city limits to be torn down and removed, in accordance with the
following procedure:
1. At least ten days\' notice shall be given to the owner of the
property before the city takes action or holds a hearing as provided
herein. A copy of the notice shall be posted on the property to be
affected. In addition, a copy of the notice shall be sent by mail to
the property owner at the address shown by the current year\'s tax
rolls in the office of the county treasurer. Written notice shall
also be mailed to any mortgage holder as shown by the records in the
office of the county clerk to the last-known address of the
mortgagee. At the time of mailing of notice to any property owners
or mortgage holders, the city shall obtain a receipt of mailing from
the postal service, which receipt shall indicate the date of mailing
and the name and address of the mailee. However, if neither the
property owner nor mortgage holder can be located, notice may be
given by posting a copy of the notice on the property, or by
publication, as defined by 11 O.S. § 1-102. Such notice may be
published once not less than ten days prior to any hearing or action
to be taken pursuant to this section;
2. A hearing shall be held by the administrative officer to determine
whether the property is dilapidated and has thereby become
detrimental to the health, benefit and welfare of the public and the
community, or creates a fire hazard to the danger of property;
3. If the administrative officer finds that the condition of the
property constitutes a detriment or a hazard, and that the property
would be benefited by the removal of such conditions, the
administrative officer may cause the dilapidated building to be torn
down and removed, and shall fix reasonable dates for the
commencement and completion of the work. The city clerk shall
immediately file a notice of lien with the county clerk describing
the property, the findings of the administrative officer at the
hearing, and stating that the city claims a lien on the property for
the destruction and removal costs and that such costs are the
personal obligation of the property owner from and after the date of
filing of the notice;
4. The property owner shall have a right of appeal to the city council
from an order of the administrative officer, and as provided by law.
The appeal shall be filed in writing with the city clerk within ten
days after the administrative order is rendered;
5. If the work is not performed by the property owner within the dates
fixed by the administrative officer, the administrative officer
shall direct the tearing down and removal be done by one of the
following methods:
1. By the city;
2. On a private contract basis, in which case it shall be awarded
to the lowest and best bidder;
6. After the building has been torn down and removed, the
administrative officer shall determine the actual cost of the
dismantling and removal of dilapidated buildings, and any other
expenses as may be necessary in conjunction therewith, including the
cost of notice and mailing. The city clerk shall forward a statement
of such actual cost attributable to the dismantling and removal and
a demand for payment by mail to the property owner at the address
specified in this section. In addition, a copy of the statement
shall be mailed to any mortgage holder at the address specified in
this section. At the time of mailing of the statement of costs to
any property owners or mortgage holders, the city shall obtain a
receipt of mailing from the postal service, which receipt shall
indicate the date of mailing and the name and address of the mailee.
If the city dismantles or removes any dilapidated buildings, the
cost to the property owner shall not exceed the actual cost of the
labor, maintenance, and equipment required for the dismantling and
removal of the dilapidated buildings. If dismantling and removal of
the dilapidated buildings is done on a private contract basis, the
contract shall be awarded to the lowest and best bidder if required
to be competitively bid;
7. If payment is not made within six months from the date of the
mailing of the statement, the city clerk shall forward a certified
statement of the amount of the cost to the county treasurer of the
county in which the property is located. The city shall have a lien
on the property for such costs, together with interest thereon, and
the lien shall continue until the cost shall be fully paid as
provided by law;
8. When payment is made to the city for costs incurred, the city shall
file a release of lien or part thereof;
9. The provisions of this section shall not apply to any property zoned
and used for agricultural purposes; and
10. Nothing in this section shall prevent the city from otherwise
abating a dilapidated building as a nuisance or otherwise exercising
its police power to protect the public health, safety or welfare.
(Prior Code, § 5-28, in part; Code 1999, § 8-303)
::: phx-name
[Sec 8-304 Clearing Up Of Premises From Which Buildings Have Been
Removed](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-304_Clearing_Up_Of_Premises_From_Which_Buildings_Have_Been_Removed){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In all cases in which:
1. A house or building has been removed before the taking effect of
this chapter; or
2. A house or building is torn down or demolished pursuant to order of
the state fire marshal or one of his assistants or the sheriff of
the county or the chief of the fire department as provided by state
law or as provided in this chapter;
and in which any of the following conditions exist:
1. The premises have not been cleaned up;
2. The premises are cleaned up, and all lumber, brick, concrete,
cement, plaster, nails, wire, and other material have not been
removed;
3. The materials have been removed but the cellar space and excavations
have not been filled;
4. A cistern or well has not been filled or safely and securely closed
and all openings to sanitary sewer have not been plugged to meet the
requirements of the city plumbing inspector and securely closed; and
5. The lots have not been leveled and left entirely free from trash or
the same is not immediately done;
then the owners of the lots and the person, firm, or corporation who
tore down the house or building shall immediately comply with the
provisions of this chapter by having all of the things done.
(Code 1999, § 8-304)
::: phx-name
[Sec 8-305 Boarding And Securing Dilapidated Buildings,
Procedure](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-305_Boarding_And_Securing_Dilapidated_Buildings,_Procedure){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
After a building has been declared dilapidated as provided in this
chapter, and before the commencement of the tearing and removal of a
dilapidated building, the city may cause the building to be boarded and
secured in accordance with the following procedure. The city may
determine that a building is unsecured and order that such building be
boarded and secured in the manner provided for in this section even
though such building has not been declared by city to be dilapidated.
1. Before the city orders such action, at least ten days\' notice that
such unsecured building is to be boarded and secured shall be given
by mail to any property owners and mortgage holders as provided in
section 8-303. At the time of mailing of notice to any property
owners or mortgage holders, the city clerk shall obtain a receipt of
mailing from the postal service, which receipt shall indicate the
date of the mailing and the name and address of the mailee. A copy
of the notice shall also be posted on the property to be affected.
However, if neither the property owner nor mortgage holder can be
located, notice may be given by posting a copy of the notice on the
property or by publication as defined in 11 O.S. § 1-102. Such
notice shall be published one time, not less than ten days prior to
any hearing or action by the city pursuant to the provisions of this
section. If the administrative officer anticipates summary abatement
of a nuisance in accordance with the provisions of this section, the
notice shall state that: any subsequent need for boarding and
securing the building within a six-month period after the initial
boarding and securing of the building pursuant to such notice may be
summarily boarded and secured by the city, that the costs of such
boarding and securing shall be assessed against the owner, and that
a lien may be imposed on the property to secure such payment, all
without further prior notice to the property owners or mortgage
holders;
2. The owner of the property may give his written consent to the city
authorizing the boarding and securing of such unsecured building and
to the payment of any costs incurred thereby. By giving the written
consent, the owner waives his right to a hearing as provided in this
section;
3. If the property owner does not give his written consent to such
actions, a hearing may be held by the administrative officer to
determine whether the boarding and securing would promote and
benefit the public health, safety or welfare. Such hearing may be
held in conjunction with a hearing on the accumulation of trash or
the growth of weeds or grass on the premises of such unsecured
building held pursuant to this Code. In making such determination,
the administrative officer shall apply the following standard: the
administrative officer may order the boarding and securing of the
unsecured building when the boarding and securing thereof would make
such building less available for transient occupation, decrease a
fire hazard created by such building, or decrease the hazard that
such building would constitute an attractive nuisance to children.
Upon making such a determination, the administrative officer may
order the boarding and securing of the unsecured building;
4. After the administrative officer orders the boarding and securing of
such unsecured building, the city clerk shall immediately file a
notice of unsecured building and lien with the county clerk
describing the property, stating the findings of the city at the
hearing at which the building was determined to be unsecured, and
stating that the city claims a lien on the property for the costs of
boarding and securing the building and that such costs are the
personal obligation of the property owner from and after the date of
filing the notice;
5. Pursuant to the order of the administrative officer, the agents of
the city are granted the right of entry on the property for the
performance of the boarding and securing of such building and for
the performance of all necessary duties as a governmental function
of the city;
6. After an unsecured building has been boarded and secured, the
administrative officer shall determine the actual costs of such
actions and any other expenses that may be necessary in conjunction
therewith, including the cost of the notice and mailing. The city
clerk shall forward a statement of the actual costs attributable to
the boarding and securing of the unsecured building and a demand for
payment of such costs by mail to any property owners and mortgage
holders as provided in section 8-303. At the time of mailing of the
statement of costs to any property owners or mortgage holders, the
city clerk shall obtain a receipt of mailing from the postal
service, which receipt shall indicate the date of mailing and the
name and address of the mailee;
7. If the city boards and secures any unsecured building, the cost to
the property owner shall not exceed the actual cost of the labor,
materials and equipment required for the performance of such
actions. If such actions are done on a private contract basis, the
contract shall be awarded to the lowest and best bidder;
8. When payment is made to the city for costs incurred, the city clerk
shall file a release of lien, but if payment attributable to the
actual costs of the boarding and securing of the unsecured building
is not made within 30 days from the date of the mailing of the
statement to the owner of the property, the city clerk shall forward
a certified statement of the amount of the costs to the county
treasurer of the county in which the property is located. The costs
shall be levied on the property and collected by the county
treasurer as are other taxes authorized by law. Until fully paid,
the costs and the interest thereon shall be the personal obligation
of the property owner from and after the date the notice of
unsecured building and lien is filed with the county clerk. The lien
shall be coequal with the lien of ad valorem taxes and all other
taxes and special assessments and shall be prior and superior to all
other titles and liens against the property, and shall continue
until the costs and interest are fully paid. At any time prior to
collection as provided herein, the city may pursue any civil remedy
for collection of the amount owing and interest thereon, including
an action in personam against the property owner and an action in
rem to foreclose its lien against the property. A mineral interest
if severed from the surface owner shall not be subject to any tax or
judgment lien created pursuant to this section. Upon receipt of
payment in full, the city clerk shall forward to the county
treasurer a notice of such payment and direct discharge of the lien;
9. An appeal may be taken from the decision of the administrative
officer to the city council if filed in writing with the city clerk
within ten days after the administrative order is rendered;
10. If the city causes a structure to be boarded and secured, in
accordance with the procedures provided for in this section, any
subsequent need for boarding and securing the property within a
six-month period may be declared a nuisance and may be summarily
abated without prior notice to the property owner. At the time of
such summary abatement, the city clerk shall notify the property
owner of the boarding and securing and of the costs thereof. The
notice shall state that the property owner may request a hearing
within ten days from the date of mailing the notice. The notice and
hearing shall be as provided in this section. Unless otherwise
determined at the hearing, the cost of such abatement shall be
determined and collected as provided in this section. This section
shall not apply if the records of the county clerk show that the
property was transferred after notice was given pursuant to this
section.
(Code 1999, § 8-305)
::: phx-name
[Sec 8-306
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-306_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person who shall violate any provision of this chapter, shall be
guilty of an offense against the city and, upon conviction thereof,
shall be punished as provided in section 1-108.
(Code 1999, § 8-306)
::: phx-name
[CHAPTER 8-4 ABANDONED, JUNK
VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-4_ABANDONED,_JUNK_VEHICLES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 8-401
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-401_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-402 Prohibited Acts; Nuisances Declared;
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-402_Prohibited_Acts;_Nuisances_Declared;_Exceptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-403 Permits For Reconstruction/Repair Of
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-403_Permits_For_Reconstruction/Repair_Of_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-404 Procedures For
Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-404_Procedures_For_Abatement){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-405 Presumption Of Abandoned, Junk
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-405_Presumption_Of_Abandoned,_Junk_Vehicle){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-406 Notice To Remove From Public
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-406_Notice_To_Remove_From_Public_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-407 Responsibility For Removal From Public
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-407_Responsibility_For_Removal_From_Public_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-408 Notice To Remove From Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-408_Notice_To_Remove_From_Private_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-409
Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-409_Hearing){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-410 Removal Of Motor Vehicles From
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-410_Removal_Of_Motor_Vehicles_From_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-411 Notice Of
Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-411_Notice_Of_Removal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-412
Appraisal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-412_Appraisal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-413 Redemption Of Impounded Vehicles Or Motor
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-413_Redemption_Of_Impounded_Vehicles_Or_Motor_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-414 Collection Of City\'s Costs Of
Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-414_Collection_Of_City's_Costs_Of_Removal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-415 Penalty; Continuing
Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-415_Penalty;_Continuing_Violations){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-416 Vehicle Parking Prohibited On Non-Paved Surfaces In Certain
Districts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-416_Vehicle_Parking_Prohibited_On_Non-Paved_Surfaces_In_Certain_Districts){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-417 Storage And Parking Of Recreational Vehicles, Trailers,
Vessels And Commercial
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-417_Storage_And_Parking_Of_Recreational_Vehicles,_Trailers,_Vessels_And_Commercial_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-418 Truck Parking Restricted In Residential
Subdivisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-418_Truck_Parking_Restricted_In_Residential_Subdivisions){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 8-401
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-401_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicate a different meaning:
*Director* means the director of the community development department.
*Enforcement officer* means the community development director, code
enforcement officer or any city police officer.
*Junk vehicle* means any motor vehicle or vehicle, as defined herein,
which is wrecked, dismantled, partially dismantled, inoperative,
abandoned, operable unlicensed or discarded, but does not include motor
vehicles or vehicles for which a permit has been obtained pursuant to
this chapter for so long as the terms and conditions of the permit are
in force and obeyed.
*Motor vehicle* means any vehicle which is self-propelled and designed
to travel along the ground or water and the term shall include, but not
be limited to, automobiles, boats, buses, motorbikes, motorcycles,
motorscooters, trucks, tractors, go-carts, and golf carts.
*Operable condition* means immediately capable of being legally operated
on a public street.
*Private property* means any real property within the city which is not
public property.
*Public property* means any real property which is dedicated to the
public use which the federal or any state or municipal government, or
any political subdivision thereof, owns or leases, or exercises control
and dominion over for public purposes.
*Vehicle* means a machine propelled by power other than human power,
designed to travel along the ground by use of wheels, treads, runners,
or slides and to transport persons or property or pull machinery and
includes, without limitation, automobiles, trucks, trailers,
motorcycles, tractors, buggys and wagons.
*Vessel* means every device, other than a seaplane on the water, used or
capable of being used as a means of transportation on water, including,
but not limited to, personal watercraft.
(Code 1999, § 8-401; Ord. No. 454, 7-18-1988; Ord. No. 460, 8-15-1988;
Ord. No. 360(02), 5-6-2002; Ord. No. 653(09), 8-8-2009)
::: phx-name
[Sec 8-402 Prohibited Acts; Nuisances Declared;
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-402_Prohibited_Acts;_Nuisances_Declared;_Exceptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful and an offense for any person to park, store or
leave, or to permit the parking, storing, or leaving of, any junk
vehicle of any kind which is in an abandoned, operative unlicensed,
wrecked, dismantled, inoperative, rusted, junked, or partially
dismantled condition, whether attended or not, upon any private
property within the city for a period of time in excess of ten days.
2. The presence of any junk vehicle or any abandoned, wrecked,
dismantled, inoperative, rusted, junked or partially dismantled
vehicle or boat or parts thereof on private property is hereby
declared a public nuisance which may be abated as such in accordance
with the provisions of this chapter.
3. It shall be unlawful to paint any vehicle, motor vehicle,
automobile, or boat in any area of the city with a residential
zoning classification as designated in part 12.
4. The provisions of subsections (A) and (B) of this section shall not
apply to any vehicle or motor vehicle:
1. Enclosed within a building on private property;
2. Held in connection with a lawful business enterprise which is
properly operated as such business enterprise in the appropriate
zone, pursuant to the zoning provisions of this Code;
3. In operable condition which is not a junk vehicle as defined
herein.
5. The provisions of subsection (C) of this section shall not apply to
any vehicle, motor vehicle, automobile, or boat held in connection
with a lawful business enterprise which is properly operated as such
business enterprise in the appropriate zone, pursuant to the zoning
provisions of this code.
6. It shall be unlawful for the owner of a vehicle to make extensive
auto repairs on the property of another.
7. Any tarp, cloth, canvas or other similar covering shall be allowed
to cover vehicles not meeting the definition of the term \"junk\" or
\"abandoned\" as defined herein. However, such covering shall be
kept in good condition at all times and free from significant tears
and holes.
(Code 1999, § 8-402; Ord. No. 454, 7-18-1988; Ord. No. 460, 8-15-1988;
Ord. No. 254(99), 4-5-1999; Ord. No. 653(09), 8-8-2009)
::: phx-name
[Sec 8-403 Permits For Reconstruction/Repair Of
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-403_Permits_For_Reconstruction/Repair_Of_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any person desiring to:
1. Reconstruct; or
2. Make repairs to an inoperable vehicle or motor vehicle;
for a period in excess of ten days may, upon making application to
the city, payment of an application fee, and compliance with the
terms of a permit, make repairs to such vehicle on a cement, asphalt
or other sealed driveway or space; and keeping such vehicle in a
wholly enclosed garage or other wholly enclosed structure between
the hours of 10:00 p.m. and 7:00 a.m. the following day pursuant to
the terms of the permit.
2. The application shall state that the owner, only, of such vehicle or
motor vehicle seeks to have a permit issued, permitting such vehicle
or motor vehicle to be on private property, owned or leased by the
vehicle owner, within the city in an inoperable, unlicensed or
untagged condition for a specific period of time. All applications
shall state with specificity how the reconstruction or repairs shall
be accomplished and contain deadlines for the completion of each
stage, which shall become part of the permit.
3. No permit shall be issued unless the applicant agrees in the
application to allow the city to abate any violation of the terms of
any permit within ten days of the mailing by certified mail of a
written demand to do so.
4. Initial permits for any vehicle or motor vehicle shall be issued for
a maximum period of six months, and may be extended for periods not
to exceed six months each upon successful completion of a full
application process for each and every renewal period.
5. No permit shall be in force as to more than one person or one
residence at any time.
6. Such vehicle or motor vehicle for which a permit has been issued
shall prominently display a sticker to be provided by the city,
indicating the permit number and its date of expiration. The sticker
may be physically inspected without notice by any officer of the
city between the hours of 9:00 a.m. and 5:00 p.m., during weekdays,
and the right to inspect shall be a condition of the issuance of a
permit.
7. A permit may be revoked by the director upon reasonable notice and
opportunity for a hearing, if any of the terms of the permit are not
complied with.
(Code 1999, § 8-403; Ord. No. 460, 8-15-1988; Ord. No. 653(09),
8-8-2009)
::: phx-name
[Sec 8-404 Procedures For
Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-404_Procedures_For_Abatement){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions for abatement of public nuisances contained in sections
8-101 through 8-119 shall not apply to junk vehicles or to those which
are in abandoned, wrecked, dismantled, inoperative, rusted, junked, or
partially dismantled condition, whether attended or not, upon any public
property within the city for a period of time in excess of 24 hours. The
notice, hearing and abatement shall be pursuant to the procedures
described herein for public nuisance on public property.
(Code 1999, § 8-404; Ord. No. 454, 7-18-1988)
::: phx-name
[Sec 8-405 Presumption Of Abandoned, Junk
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-405_Presumption_Of_Abandoned,_Junk_Vehicle){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A rebuttable presumption shall exist that vehicles have been abandoned
or fall within the definition of a junk vehicle when:
1. Weed or grass undergrowth would indicate to a reasonable person that
the vehicle has not been moved, thereby permitting such growth to
occur;
2. One or more wheels are flat or missing or the vehicle or boat
displays an expired license;
3. Portions of the vehicle which are needed for its street legal
operation or control are missing, including, but not limited to,
missing, broken, or inoperable headlights, taillights, and/or turn
signals;
4. The city has received reports from others as to the length of time
such vehicle has been standing in one place without being moved, or
that parts are being taken from or added to such vehicle, indicating
a salvage or garage operation;
5. Evidence exists that provisions of this Code pertaining to zoning or
to junk and salvage yards are being violated;
provided, however, the owner/operator may rebut the presumption by
driving the vehicle a distance of at least 30 feet on a public street in
the presence of an enforcement officer.
(Code 1999, § 8-405; Ord. No. 454, 7-18-1988; Ord. No. 653(09),
8-8-2009)
::: phx-name
[Sec 8-406 Notice To Remove From Public
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-406_Notice_To_Remove_From_Public_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whenever it comes to the attention of the director or enforcement
officer that any junk vehicle, as defined herein, exists as a public
nuisance in the city, a notice in writing shall be served upon the
occupant of the land where the nuisance exists, or in the event that
there is no such occupant, then upon the owner of the property or his
agent, notifying them of the existence of the nuisance and requesting
its removal in the time specified in this chapter. A written, public
nuisance \"Notification to Remove\" shall be placed on the vehicle
advising the owner of the violation of this Code and of the 24 hours to
remove the nuisance from the public property. Concurrent with the
abatement notice placed on the vehicle or motor vehicle, the owner of
the vehicle or motor vehicle may be issued a citation. Failure to remove
the vehicle or motor vehicle shall be an offense, and shall be
punishable as provided in section 1-108.
(Code 1999, § 8-406; Ord. No. 454, 7-18-1988; Ord. No. 653(09),
8-8-2009)
::: phx-name
[Sec 8-407 Responsibility For Removal From Public
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-407_Responsibility_For_Removal_From_Public_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Upon proper notice and opportunity to be heard, the owner of the junk
vehicle or other abandoned, wrecked, dismantled, or inoperative vehicle
or boat on public property shall be liable for all expenses reasonably
incurred by the removal and disposition.
(Code 1999, § 8-407; Ord. No. 454, 7-18-1988)
::: phx-name
[Sec 8-408 Notice To Remove From Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-408_Notice_To_Remove_From_Private_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The enforcement officer shall give notice of removal to the owner or
occupant of the private property where any junk vehicle or any
abandoned, wrecked, dismantled or inoperative vehicle or boat is
located at least ten days before the time set for compliance.
Minimum standards of due process require that administrative
proceedings which may directly and adversely affect legally
protected interests be preceded by notice calculated to provide
knowledge of the exercise of adjudicative power and an opportunity
to be heard. Notice will be by certified mail addressed to the
vehicle owner and owner of the private property, if different from
the vehicle owner, return receipt requested. When certified mail is
returned unclaimed, a reasonable effort shall be made to determine
if another address for the vehicle and/or property owner may be
found before undertaking removal.
2. The notice to remove shall contain the demand for removal within ten
days, and the notice to remove shall state that, upon failure to
comply with the notice to remove, the city shall prosecute a
criminal complaint for failure to abate the nuisance or undertake
such removal with the cost to be levied against the owner of the
junk vehicle or the occupant of the property.
(Code 1999, § 8-408; Ord. No. 454, 7-18-1988; Ord. No. 653(09),
8-8-2009)
::: phx-name
[Sec 8-409
Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-409_Hearing){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any person to whom any notice to remove is directed pursuant to the
provisions of this chapter or any other interested party, or any
duly authorized agent thereof, may file a written request for
hearing before the director within the ten-day compliance period,
for the purpose of contesting the city\'s demand for removal. The
director, chief of police or his designee and the city attorney or
his designee shall constitute a hearing board to hear the request.
2. The hearing shall be held as soon as practicable, but not earlier
than five days after receipt of the request, and not later than 15
days after such receipt. Notice of the time and place of hearing
shall be directed to the person making the request. At any such
hearing the city and the person to whom notice has been directed may
introduce witnesses and evidence.
3. Persons to whom the notice to remove is directed pursuant to the
provisions of this chapter, or their duly authorized agent, may
appear in municipal court pursuant to the citation and summons.
Those convicted of failing to abate a public nuisance pursuant to
this chapter shall be assessed court costs in addition to any other
penalty assessed by the municipal court. If the public nuisance is
abated prior to the hearing date stated on the summons, and the
person issued the summons to appear in municipal court signs an
affidavit before the court clerk attesting to the abatement, the
city attorney may recommend to the municipal court that charges be
dropped.
(Code 1999, § 8-409; Ord. No. 454, 7-18-1988)
::: phx-name
[Sec 8-410 Removal Of Motor Vehicles From
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-410_Removal_Of_Motor_Vehicles_From_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If the violation described in the notice to remove has not been remedied
within the ten-day period of compliance, or in the event that a notice
requesting hearing is timely filed, a hearing had, and the existence of
the violation is affirmed by the director or his designee, the city
attorney shall institute and prosecute additional charges on a daily
basis, for failure to abate the nuisance, and the city shall, in the
discretion of the enforcement officer, take possession of the junk
vehicle and remove it from the premises. It shall be unlawful for any
person to interfere with or hinder anyone whom the city or the director
authorizes to enter upon private property for the purpose of removing a
vehicle under the provisions of this chapter.
(Code 1999, § 8-410; Ord. No. 454, 7-18-1988; Ord. No. 653(09),
8-8-2009)
::: phx-name
[Sec 8-411 Notice Of
Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-411_Notice_Of_Removal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Within 48 hours of the removal of such junk vehicle, the director or his
designee shall give notice to the registered owner of the junk vehicle,
if known, that the vehicle or motor vehicle was removed and that the
vehicle or motor vehicle has been impounded and stored for violation of
this chapter. The notice shall give the location where the vehicle is
stored and the proper procedure for redeeming the vehicle, including
cost of redemption.
(Code 1999, § 8-411; Ord. No. 454, 7-18-1988)
::: phx-name
[Sec 8-412
Appraisal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-412_Appraisal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Upon removing a junk vehicle under the provisions of this chapter, the
city shall, after ten days, cause it to be appraised. If the vehicle or
boat appraises at \$75.00 or less, the director or his designee shall
execute an affidavit so attesting and describing the vehicle or motor
vehicle, including the license plates, if any, and stating the location
and appraised value of the vehicle or motor vehicle. After complying
with the above, the city may summarily dispose of the vehicle or boat
and execute a bill of sale. If the vehicle or boat is appraised at over
\$75.00, notice of public sale shall be given not less than ten days
before the date of the proposed sale.
(Code 1999, § 8-412; Ord. No. 454, 7-18-1988)
::: phx-name
[Sec 8-413 Redemption Of Impounded Vehicles Or Motor
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-413_Redemption_Of_Impounded_Vehicles_Or_Motor_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The owner of any vehicle or motor vehicle impounded under the provisions
of this chapter may redeem such vehicle or motor vehicle at any time
after its removal, but prior to the sale or destruction thereof, upon
proof of ownership and payment to the city clerk of such sum as may be
determined by the director and fixed as the actual and reasonable
expense of removal, plus storage.
(Code 1999, § 8-413; Ord. No. 454, 7-18-1988)
::: phx-name
[Sec 8-414 Collection Of City\'s Costs Of
Removal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-414_Collection_Of_City's_Costs_Of_Removal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Upon the failure of the owner or occupant of property on which junk
vehicles have been removed by the city to pay the unrecovered
expense incurred by the city in such removal, the amount of the
unrecovered cost may be added to the municipal utility bills
directed to the occupants of the private property from which the
junk vehicle was removed, and may be recovered in the same manner of
such utility bills.
2. If the private property is not served by the municipal utilities, or
if collection efforts are not successful, the costs may be certified
by the city clerk to the county clerk, who shall add the same to the
ad valorem taxes assessed against the property, until paid, and
shall be collected in the same manner as ad valorem taxes against
the property; and when collected shall be paid to the city.
(Code 1999, § 8-414; Ord. No. 454, 7-18-1988)
::: phx-name
[Sec 8-415 Penalty; Continuing
Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-415_Penalty;_Continuing_Violations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In addition to the procedures for removal of vehicles, any person who
shall violate any of the provisions hereof shall, upon conviction, be
deemed guilty of an offense against the city. Each act in violation of
any of the provisions hereof shall constitute a separate offense and may
be chargeable as such. Each day\'s continued violation of any of the
provisions hereof shall constitute a separate offense and may be
punishable as such as provided in section 1-108.
(Code 1999, § 8-415; Ord. No. 454, 7-18-1988)
::: phx-name
[Sec 8-416 Vehicle Parking Prohibited On Non-Paved Surfaces In Certain
Districts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-416_Vehicle_Parking_Prohibited_On_Non-Paved_Surfaces_In_Certain_Districts){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. In the following zoning classifications, Single-Family R-1,
Two-Family Dwelling R-2, General Residential R-3, Multiple Family
Dwelling R-4, and Mobile Home Dwelling R-5, vehicles shall be parked
in the following manner:
1. Vehicles shall be parked on a permanent hard surfaced (paved)
driveway or parking area meeting the requirements of this
section;
2. A parking area shall be of a pad or slab type design at least
equal to the length and width of the vehicle with no ground
exposed underneath the vehicle.
2. Whenever any vehicle without a driver is found parked or stopped in
violation of any of the restrictions imposed by this section, the
code enforcement officer or police officer finding the vehicle shall
take its registration number and may take any other information
displayed on the vehicle which may identify its owner, and shall
conspicuously affix to the vehicle a citation in written form,
provided by the city, for the owner of the vehicle to answer to the
charge against him within ten days at the time and place specified
in the citation. The issuing officer shall deliver a copy to the
municipal court clerk. Any owner found in violation of this section
shall be punished according to section 1-108. Nothing in this
section shall prevent the code enforcement officer or police officer
from issuing a warning to the vehicle owner that they are in
violation of this section.
3. In any prosecution charging a violation of this section, proof that
the vehicle described in the citation was parked in violation of
this section, together with proof that the defendant named in the
citation was, at the time the citation was issued, the registered
owner of the vehicle, shall constitute in evidence a prima facie
presumption that the registered owner of the vehicle was the person
who parked or placed the vehicle at the point where, and for the
time during which, the violation occurred.
(Code 1999, § 8-416; Ord. No. 117(95), 3-20-1995; Ord. No. 141(95),
1-2-1996; Ord. No. 359(02), 5-6-2002)
::: phx-name
[Sec 8-417 Storage And Parking Of Recreational Vehicles, Trailers,
Vessels And Commercial
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-417_Storage_And_Parking_Of_Recreational_Vehicles,_Trailers,_Vessels_And_Commercial_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Commercial vehicles, trailers of all types, including camping and
hauling, mobile homes, recreational vehicles and vessels shall not
be parked or stored on any lot occupied by a dwelling or on any lot
in any residential district except in accordance with the following
provisions:
1. Not more than one commercial vehicle, which does not exceed 1½
tons rated capacity, per family living on the premises, shall be
permitted, and in no case shall a commercial vehicle used for
hauling explosives, gasoline or liquefied petroleum products be
permitted;
2. Not more than one camping or travel trailer or hauling trailer,
recreational vehicle or vessel per family living on the premises
shall be permitted which shall not be parked on or in the public
utility, street or highway. The term \"street\" or \"highway\"
means all streets, highways, avenues, boulevards, parkways,
roads, lanes, viaducts, bridges and the approaches thereto,
alleys, courts, places, squares, curbs, sidewalks, recreations
or parklands used for vehicular traffic, or other parkways or
thoroughfares in the city over which it has jurisdiction, which
have been or may hereafter be dedicated and open to public use,
or such other public property so designated in any law of the
state, provided that the trailer, recreational vehicle or vessel
shall not be parked or stored for more than 48 hours unless it
is located behind the front yard building line. Vehicles
commonly known as recreational vehicles shall be parked on a
sealed surface complying with section 8-416. In the event it is
impossible to park the trailer, recreation vehicle or vessel
behind the front building, the trailer, recreational vehicle or
vessel may be parked in front of the front building line so long
as the trailer, recreational vehicle, or vessel does not create
a traffic hazard and the trailer, recreational vehicle or vessel
is parked on a sealed surface complying with section 8-416. A
camping trailer or recreational vehicle shall not be occupied
either temporarily or permanently while it is parked or stored
in any area within the incorporated limits except in a mobile
home park authorized under the ordinance of the city;
3. A mobile home shall be parked or stored only in a mobile home
park which is in the conformity with the ordinances of the city;
and
4. A travel trailer or manufactured home may be parked and used,
with hookup of all utilities, for the office and living quarters
only of a security officer or guard on the premises on which the
manufactured home is parked and used, provided that the security
officer or guard is C.L.E.E.T. certified. An occupancy permit
shall be obtained from the community development department
prior to occupancy of any trailer or manufactured home for
security purposes.
(Prior Code, app. B, § 16-92; Code 1999, § 8-417; Ord. No. 61(93),
9-20-1993; Ord. No. 296(00), 11-20-2000; Ord. No. 361(02), 5-6-2002;
Ord. No. 476(04), 9-7-2004)
::: phx-name
[Sec 8-418 Truck Parking Restricted In Residential
Subdivisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-418_Truck_Parking_Restricted_In_Residential_Subdivisions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:\
*Bus* means any vehicle designed for carrying more than 18
passengers and used for the transportation of persons; and every
motor vehicle, other than a taxicab, designed and used for the
transportation of persons for compensation excluding school buses
owned and operated by public or private schools or school districts
and church buses from 6:00 a.m. to 6:00 p.m.\
*Pole trailer* means every vehicle without motive power designed to
be drawn by another vehicle and attached to the towing vehicle by
means of a reach or pole, or by being boomed or otherwise secured to
the towing vehicle, and ordinarily used for transporting long or
irregular shaped loads such as poles, pipes, or structural members
capable, generally, of sustaining themselves as beams between the
supporting connections.\
*Tank vehicle* means any commercial motor vehicle designed to
transport any liquid or gaseous materials within a tank that is
either permanently or temporarily attached to the vehicle or the
chassis. Such vehicles include, but are not limited to, cargo tanks
and portable tanks as defined by 49 CFR 171; provided, however, the
term \"tank vehicle\" shall not include a portable tank having rated
capacity of under 1,000 gallons.\
*Truck* means any truck above 1 1/2 tons rated capacity or
truck-tractor with or without a semi-trailer or pole trailer
attached or any other combination of vehicles.
2. It is unlawful for any truck, bus, semi-trailer, pole trailer, or
tank vehicle to be parked or stored on public or private property
within an area zoned for residential used or other zoning districts
within 300 feet of residential subdivisions except for purposes of
loading and unloading.
3. The following trucks or buses are exempt from the 300-foot
restriction subsection (B) of this section:
1. Those used in business lawfully established within commercial or
industrial zoning districts;
2. Those used for farming by the owner or occupant in agricultural
zoning districts; or
3. Buses operated by schools and churches within residential zones.
(Code 1999, § 8-418; Ord. No. 507, 2-8-1990; Ord. No. 150(96), 4-1-1996;
Ord. No. 362(02), 5-6-2002)
::: phx-docs
HISTORY\
*Amended by Ord.
[982(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1631905498_ordinance%20982.21.pdf){.k-link
target="_blank" style="color:#0000EE"} 08/02/2021 on 8/2/2021\
*
:::
::: phx-name
[CHAPTER 8-5 LITTER AND
TRASH](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-5_LITTER_AND_TRASH){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 8-501
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-501_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-502 Prohibited
Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-502_Prohibited_Generally){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-503 Littering And Spilling From Vehicles
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-503_Littering_And_Spilling_From_Vehicles_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-504 Refuse, Rubbish And
Trash](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-504_Refuse,_Rubbish_And_Trash){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-505 Deposits Of Dirt Or Rubbish On Public Property And
Roadways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-505_Deposits_Of_Dirt_Or_Rubbish_On_Public_Property_And_Roadways){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-506 Businesses To Provide Facilities For Disposal Of
Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-506_Businesses_To_Provide_Facilities_For_Disposal_Of_Materials){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-507 Removal Of Spilled
Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-507_Removal_Of_Spilled_Materials){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-508 Prohibited Hauling Or Depositing Refuse, Rubbish Or
Trash](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-508_Prohibited_Hauling_Or_Depositing_Refuse,_Rubbish_Or_Trash){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-509 Unlawful Hauling, Dumping,
Presumptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-509_Unlawful_Hauling,_Dumping,_Presumptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-510 Allowing Refuse, Rubbish, Trash Or Litter To Be Deposited Or
To Remain On
Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-510_Allowing_Refuse,_Rubbish,_Trash_Or_Litter_To_Be_Deposited_Or_To_Remain_On_Premises){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-511 Duty Of Maintenance Of Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-511_Duty_Of_Maintenance_Of_Private_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-512 Disposal Of Vehicle Or Mechanical Devices
Regulated](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-512_Disposal_Of_Vehicle_Or_Mechanical_Devices_Regulated){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-513 Offenses And
Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-513_Offenses_And_Abatement){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 8-501
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-501_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Litter* means trash, refuse, rubbish and all like material.
*Refuse* means all putrescible and nonputrescible solid wastes,
including ashes, dead animals, solid market and industrial wastes and
all like material.
*Roadway* means any avenue, street, road, alley or other public way
within the city.
*Rubbish* means nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, in solid or semisolid form,
including, but not limited to, dirt, ashes or incinerator residue,
street wastes, demolition wastes, industrial wastes, tin cans, wood,
leaves, glass, pieces of iron and other metals and like similar
material.
*Trash* means any refuse, litter, debris, paper, combustible materials,
rubbish, offal, waste or matter of any kind of form which is uncared
for, discarded or abandoned.
*Vehicle* means every device in, upon, or by which any person or
property is or may be transported or drawn.
(Code 1999, § 8-501; Ord. No. 452, 8-1-1988)
::: phx-name
[Sec 8-502 Prohibited
Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-502_Prohibited_Generally){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall throw, place, leave, drop, put or otherwise abandon
litter upon any public property, private property or roadway except as
otherwise specifically permitted in this Code.
(Code 1999, § 8-502; Ord. No. 452, 8-1-1988)
::: phx-name
[Sec 8-503 Littering And Spilling From Vehicles
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-503_Littering_And_Spilling_From_Vehicles_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No driver or operator of a vehicle shall commit, or permit to be
committed, from the operator\'s vehicle any of the acts prohibited
in section 8-502.
2. No vehicle shall be driven or moved on any roadway unless such
vehicle is so constructed or loaded as to prevent any of its load
from escaping from the vehicle by dropping, shifting, leaking,
blowing or otherwise, except that salt or sand may be dropped for
the purpose of securing traction, or water or other substances may
be used on a roadway in cleaning or maintaining such roadway.
3. No person shall operate on any roadway any vehicle with any load
unless the load and any covering thereon is securely fastened so as
to prevent the covering or load from becoming loose, detached or in
any manner a hazard to other users of the roadway or others.
4. No person shall operate on any roadway any vehicle loaded with sand,
cinders, dirt, gravel or other loose material susceptible to blowing
or escaping unless such load is covered or dampened so as to prevent
the blowing or escaping of the load from the vehicle.
5. No person shall operate, or cause to be operated, a vehicle, any
part of which is covered or laden with dirt, mud, gravel, sand, clay
or other material from any construction, excavation, parking or
other site, in such a manner or condition that the material will
become tracked or shall fall upon the roadway; provided, however,
that the provisions of this subsection shall not apply to persons
who must enter upon improved or paved roadways from unimproved or
non-paved roadways or residential driveways.
(Code 1999, § 8-503; Ord. No. 452, 8-1-1988)
::: phx-name
[Sec 8-504 Refuse, Rubbish And
Trash](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-504_Refuse,_Rubbish_And_Trash){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall place or cause to be placed in or upon any public
ground or easement any refuse, rubbish or trash unless it is in
suitable receptacles to be disposed of in a regular and proper
manner pursuant to city ordinances.
2. No person doing work or making excavations shall place or cause to
be placed any dirt, refuse, or rubbish therefrom onto any roadway or
sidewalk.
3. No person shall sweep, throw, or abandon in any manner or cause to
be swept, thrown, or abandoned into or upon any lot or piece of
ground, whether the lot or ground shall belong to himself or
another, any trash of any kind whatever, which can be, or is likely
to be, blown by the wind along the city\'s roadways or sidewalks.
(Code 1999, § 8-504; Ord. No. 452, 8-1-1988)
::: phx-name
[Sec 8-505 Deposits Of Dirt Or Rubbish On Public Property And
Roadways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-505_Deposits_Of_Dirt_Or_Rubbish_On_Public_Property_And_Roadways){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No owner, occupant or agent of any land abutting upon any public
property shall allow dirt, earth or any rubbish from the land to fall,
or wash, upon any part of the public property.
(Code 1999, § 8-505; Ord. No. 452, 8-1-1988)
::: phx-name
[Sec 8-506 Businesses To Provide Facilities For Disposal Of
Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-506_Businesses_To_Provide_Facilities_For_Disposal_Of_Materials){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Each person who owns, manages, leases, or operates any business
establishment within the city which delivers, sells or provides products
to customers for consumption or use on or off the premises shall provide
suitable containers, adequate in number and location, for the disposal
of any product or their wrappings, or parts thereof, abandoned, dropped,
left, put or placed on the premises; and shall maintain the outside
premises of the business establishment free from such product, wrappings
or parts thereof or other discarded items associated with the conduct of
the business.
(Code 1999, § 8-506; Ord. No. 452, 8-1-1988)
::: phx-name
[Sec 8-507 Removal Of Spilled
Materials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-507_Removal_Of_Spilled_Materials){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All litter, refuse, rubbish or dirt deposited or spilled from a
vehicle on any public property or roadway shall be immediately
removed by either the driver or other person in charge of the
vehicle. The person by whom such driver or other person is employed
shall be likewise responsible for removal. The failure to
immediately remove all of the material or earth so deposited or
spilled shall render both the driver or other person in charge and
the person by whom they are employed subject to punishment as
provided herein.
2. Each day that such material or dirt so wasted or spilled remains on
the public property shall constitute a separate and distinct
offense.
(Code 1999, § 8-507; Ord. No. 452, 8-1-1988)
::: phx-name
[Sec 8-508 Prohibited Hauling Or Depositing Refuse, Rubbish Or
Trash](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-508_Prohibited_Hauling_Or_Depositing_Refuse,_Rubbish_Or_Trash){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall, without first securing a written permit from the city
or the county health department, dump or deposit any rubbish, refuse or
trash, or similar material, on any public or private property or haul or
carry and dump or deposit any such materials within the city\'s limits
for the purpose either of filling low ground or disposing of the
materials. Nothing in this section shall prohibit the otherwise lawful
hauling and dumping of dirt, sand, rock and gravel for landfill
purposes.
(Code 1999, § 8-508; Ord. No. 452, 8-1-1988)
::: phx-name
[Sec 8-509 Unlawful Hauling, Dumping,
Presumptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-509_Unlawful_Hauling,_Dumping,_Presumptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. There is a prima facie presumption that the registered owner of a
vehicle committed a violation. In any prosecution charging a
violation of section 8-508, proof that the particular vehicle
described in the complaint was used for the purpose of unlawfully
hauling or dumping of rubbish, refuse or trash as prohibited
therein, together with proof that the individual named in the
complaint was at the time of the violation the registered owner of
the vehicle, shall constitute in evidence a prima facie presumption
that the registered owner of the vehicle was the person who
committed the violation.
2. There is a prima facie presumption that a person whose address
appears on three or more items of unlawfully disposed of refuse
matter committed violation. In any prosecution charging a violation
of section 8-508, proof that unlawfully disposed of refuse matter as
described therein which contains three or more items bearing a
common address in a form which tends to identify the latest owner of
the items shall be a prima facie presumption that all competent
persons residing at such address committed the unlawful act of
disposal, provided that one of the items of solid waste bears a date
subsequent to August 1, 1988.
3. Any person found to be in violation of section 8-508 shall be
punished as provided in section 1-108. Notwithstanding the penalty
provided for in this section, the municipal court may also require
the person to remove the rubbish, refuse or trash or similar
material. Failure to comply with the court\'s order as directed
shall be deemed a separate offense and, upon conviction, the person
shall be punished as provided in section 1-108 for each day the
rubbish, refuse or trash remains past the date established by the
municipal court for its removal.
(Code 1999, § 8-509; Ord. No. 452, 8-1-1988; Ord. No. 229(98), 4-6-1998)
::: phx-name
[Sec 8-510 Allowing Refuse, Rubbish, Trash Or Litter To Be Deposited Or
To Remain On
Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-510_Allowing_Refuse,_Rubbish,_Trash_Or_Litter_To_Be_Deposited_Or_To_Remain_On_Premises){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No owner or occupant of lands or lots shall knowingly permit the
throwing or dumping upon his premises of any litter, or permit such
materials to remain on his premises for more than ten days after being
notified to remove them by the city or county health department, whether
or not the owner or occupant shall have known of or permitted the
throwing or depositing.
(Code 1999, § 8-510; Ord. No. 452, 8-1-1988; Ord. No. 537, 9-4-1990)
::: phx-name
[Sec 8-511 Duty Of Maintenance Of Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-511_Duty_Of_Maintenance_Of_Private_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person owning, leasing, occupying or having charge of any private
property or premises shall maintain or keep any litter or similar
material, except dirt, thereon; nor shall such person allow the
accumulation of the material, notwithstanding such person did not permit
the accumulation; nor shall any such person keep or maintain such
premises in a manner causing substantial diminution in the value of the
other property in the neighborhood in which premises are located. No
prosecution may be undertaken under this section until such person shall
have been given ten days\' notice by the city to abate fully any alleged
deficiency.
(Code 1999, § 8-511; Ord. No. 452, 8-1-1988; Ord. No. 537, 9-4-1990)
::: phx-name
[Sec 8-512 Disposal Of Vehicle Or Mechanical Devices
Regulated](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-512_Disposal_Of_Vehicle_Or_Mechanical_Devices_Regulated){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall discharge or dispose of any crank case, radiator, or
transmission drainings, from any vehicle or other mechanical device,
into the sanitary sewer system, storm drainage system, or upon any
public or private property or roadway.
(Code 1999, § 8-512; Ord. No. 25(92), 5-4-1992)
::: phx-name
[Sec 8-513 Offenses And
Abatement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-513_Offenses_And_Abatement){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Violation of any of the provisions of this chapter shall be an
offense, and any person violating such provisions shall be deemed
guilty of an offense and, upon conviction, shall be punished as
provided in section 1-108.
2. Upon ten days\' written notice, served upon a person to be charged,
the city may abate as a public nuisance any condition prohibited
under this chapter pursuant to any other provision of this Code or
state law, which shall be cumulative.
(Code 1999, § 8-513; Ord. No. 452, 8-1-1988; Ord. No. 25(92), 5-4-1992)
::: phx-name
[CHAPTER 8-6 FOOD AND MILK
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-6_FOOD_AND_MILK_REGULATIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 8-6A FOOD SERVICE
SANITATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6A_FOOD_SERVICE_SANITATION){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 8-6B MILK AND MILK
PRODUCTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6B_MILK_AND_MILK_PRODUCTS){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 8-6A FOOD SERVICE
SANITATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6A_FOOD_SERVICE_SANITATION){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 8-601 Regulations
Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-601_Regulations_Adopted){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-602 Food Service Licenses
Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-602_Food_Service_Licenses_Generally){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-603 Temporary, Seasonal And Mobile Food Vendor
Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-603_Temporary,_Seasonal_And_Mobile_Food_Vendor_Licenses){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-604 Food Handler\'s
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-604_Food_Handler's_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-605 Sale Of Uncooked, Unprepared Foods From Vehicles
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-605_Sale_Of_Uncooked,_Unprepared_Foods_From_Vehicles_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-606 Outside
Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-606_Outside_Sales){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-607 Sale
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-607_Sale_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-608 Not To Maintain Adulterated Or Misbranded
Food](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-608_Not_To_Maintain_Adulterated_Or_Misbranded_Food){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-609 Compounds, Imitations Or Blends To Be Labeled As
Such](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-609_Compounds,_Imitations_Or_Blends_To_Be_Labeled_As_Such){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-610 Examination Of
Food](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-610_Examination_Of_Food){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-611 Sample To Be
Provided](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-611_Sample_To_Be_Provided){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-612 Poisonous
Preservatives](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-612_Poisonous_Preservatives){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-613 Sleeping Areas Of
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-613_Sleeping_Areas_Of_Employees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-614
Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-614_Inspection){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-615 Destruction
Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-615_Destruction_Authorized){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-616 Places Where Food Is Sold Or
Served](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-616_Places_Where_Food_Is_Sold_Or_Served){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-617 Acts Of Agents Deemed Act Of
Principal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-617_Acts_Of_Agents_Deemed_Act_Of_Principal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-618
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-618_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Requirements of food establishments, 63 O.S.
§ 1-1101 et seq.\
::: phx-name
[Sec 8-601 Regulations
Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-601_Regulations_Adopted){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The latest edition of the \"Oklahoma State Department of Health Rules
and Regulations pertaining to Food Establishments\" is hereby adopted
and incorporated by reference in this Code. At least one copy of the
rules and regulations shall be on file in the office of the city clerk.
The rules and regulations shall govern except in case of conflict with
the provisions of this article, in which case the more restrictive terms
shall prevail.
(Prior Code, §§ 12-36, 12-56 et seq.; Code 1999, § 8-601)
::: phx-name
[Sec 8-602 Food Service Licenses
Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-602_Food_Service_Licenses_Generally){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall operate a food service establishment that does not have
a valid annual or mobile license issued to it. Only an establishment
which complies with the requirements of this Code shall be entitled to
receive or retain such a license. Licenses are not transferable. A valid
license shall be posted in every food service establishment.
(Prior Code, §§ 12-37, 12-39; Code 1999, § 8-602)
::: phx-docs
HISTORY\
*Amended by Ord.
[796(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326237_Ordinance%20No.%20796%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/3/2015\
*
:::
::: phx-name
[Sec 8-603 Temporary, Seasonal And Mobile Food Vendor
Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-603_Temporary,_Seasonal_And_Mobile_Food_Vendor_Licenses){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A temporary and seasonal food and beverage vendor is a person,
partnership, corporation or other form of business entity which
offers for sale to the general public, either for consumption on or
off any premises, food or beverage in a context normally associated
with, or constituting, food booths, carnivals, circuses, community
festivals, snow cone stands, and barbecue stands during the months
of May through September, or during other specified times as
approved by the community development director.
2. *Zoning and building regulations*.
1. No temporary and seasonal food beverage vendor shall operate or
conduct sales in the city, unless licensed in compliance with
the zoning regulations, part 12 of the Moore City Code including
uses allowed within specified zoning districts, setback
requirements and adequate parking facilities.
2. All water and sewer service shall be provided by permanent
connections to city municipal water and sewer service and meet
all requirements of the adopted plumbing codes and utility
connection requirements.
3. Permanent electrical service shall be provided and shall meet
adopted electrical codes.
4. Structures with permanent utility connections shall be secured
on an approved foundation with approved anchoring/tie down
methods.
5. Restroom facilities shall be required on-site. A written
agreement with a business operating on the same site allowing
use of an existing restroom during all business hours may be
submitted for community development director review and
approval.
6. Occupancy permit application and approval is required and shall
be approved by the building official, fire marshal and community
development director.
3. Approval from the county health department shall be required and
proof of which shall be presented to the city. All temporary and
seasonal food and beverage vendors shall be open to the inspection
by state, county and city officials during the normal business hours
of the vendor\'s operations.
4. A mobile temporary food service license shall be for facilities that
are vehicle-mounted and readily moveable. A person desiring to
operate a mobile food service establishment may apply for either a
one day, 30-day or 180-day mobile temporary food vendor license at
least 24 hours prior to any sales at said establishment. This
temporary license shall be issued by the city clerk following
approval of the application by the county health authority and city
clerk. The temporary license may be renewed for an additional 180
days following approval by the county health authority and city
clerk.
5. *Application process*.
1. Applicants for a permit under this section must file with the
city clerk a (verified) sworn application in writing on a form
to be furnished by the city clerk, which shall give the
following information:
1. Name and description of applicant.
2. Address.
3. Brief description of business, goods to be sold, and
location desired.
4. Time period for which the applicant wishes to do business.
5. License number and description of vehicle to be used, if
any.
6. Verification that applicant is bonded as group II vendor by
the state tax commission or other proof that sales tax has
been or is being paid on the merchandise sold or to be sold,
if applicable.
7. Proof that a county health permit and inspection has been
obtained.
8. At time of filing, the fee as provided in the fee schedule
shall be paid to the city clerk.
9. Each applicant, if the applicant does not operate a fixed,
permanent restaurant within the city, shall file with the
application a certificate of insurance from the appropriate
insurer that the applicant has general liability and
vehicular insurance in the amount required by the state.
10. Detailed map of location to where the vehicle will be
placed.
2. The city clerk shall review the application to ensure:
1. The applicant is aware of his responsibility to collect and
pay sales tax and that the applicant is properly registered
with the state tax commission. If the applicant is not
properly registered with the state tax commission, the
permit will not be issued.
2. That a valid county health permit and inspection is
obtained.
3. Within seven days after receipt of the application, the city
clerk shall either approve or disapprove of the application.
1. If the application is approved, the clerk shall issue the
permit within three days after the approval.
2. If the application is not approved, the city clerk must
state with specificity the reasons for non-approval and the
city clerk shall notify the applicant within three days
after non-approval. A notice sent to the proper mailing
address shown on the application shall be adequate
notification to the applicant.
6. *Conditions of permit issuance*.
1. All mobile temporary food vendors must have the permission of
the property owner prior to operating on the subject property.
City staff will approve the location and placement of the
vehicle at city events.
2. No mobile temporary food vendor may stop for longer than 12
hours at a single location or address in a 24-hour period. A
single location or address shall include a single parking lot
shared by multiple businesses. This subsection shall not apply
to food sales at events that are not open to general public or
are sponsored, catered, or hosted by a business group.
3. Mobile temporary food vendors may not sell food on public
rights-of-way except for a brief stop for point of sale. For
purposes of this subsection, the term \"public right-of-way\"
means any street or highway and property adjacent to streets and
highways which is dedicated to public use and over which the
federal, state or municipal government, or any agency,
department or subdivision thereof, exercises control and
dominion; or any bridge alley, sidewalk, pedestrian way, stairs
or elevator which is dedicated to public use and over which the
federal, state or municipal government, or any agency,
department, or subdivision thereof, exercises control and
dominion.
4. Except for sales associated with an approved city event or with
written city approval, no such sales shall be conducted at or
within 75 feet of any city-owned parks.
5. *Permit issuance*.
1. Permits shall be issued by the city clerk.
2. A permit must be issued not less than 24 hours prior to any
actual selling activity by the applicant.
3. The permit shall be prominently displayed at the
applicant\'s selling location.
6. *Permit fees*. The application fee to be paid to the city clerk
upon submission of the application for a temporary food license
shall be established by the fee schedule of the city.
7. The code enforcement division of the city shall enforce the
provisions of this section and may initiate any proper proceedings
to enforce compliance herewith.
8. Violations of this section shall be misdemeanors, and any person,
partnership, corporation or other form of business entity, which
violates any of the provisions of this section, shall be deemed
guilty of a misdemeanor and, upon conviction, shall be punished as
provided in section 1-108. Each day\'s offense shall be deemed a
separate offense.
9. No temporary and seasonal food and beverage vendor shall operate or
conduct sales in the city, unless licensed in compliance with
section 8-602.
(Code 1999, § 8-603; Ord. No. 445, 4-4-1988; Ord. No. 358(02), 5-6-2002)
::: phx-docs
HISTORY\
*Amended by Ord.
[797(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326420_Ordinance%20No.%20797%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/3/2015\
Amended by Ord.
[918(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288042_Ordinance%20918(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2019\
*
:::
::: phx-name
[Sec 8-604 Food Handler\'s
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-604_Food_Handler's_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful for any person who operates a food service
establishment or any place selling open and prepared foods in the
city to hire, or permit to be hired, or permit to work gratis, any
person who does not possess a current and unrevoked permit approved
by the health officer.
2. It is unlawful for any person to work in any food service
establishment or any place selling open and prepared foods in the
city who does not have in his possession a current and unrevoked
permit approved by the county.
(Prior Code, §§ 12-46---12-49; Code 1999, § 8-604)
::: phx-name
[Sec 8-605 Sale Of Uncooked, Unprepared Foods From Vehicles
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-605_Sale_Of_Uncooked,_Unprepared_Foods_From_Vehicles_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to sell for retail or offer to sell at
retail any uncooked or unprepared meat, poultry or fish from any truck,
wagon, trailer or any other portable motor vehicle within the corporate
limits of the city.
(Prior Code, § 12-41; Code 1999, § 8-605)
::: phx-name
[Sec 8-606 Outside
Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-606_Outside_Sales){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Food service establishments holding valid licenses may have outside
sales on their premises if all conditions of the food code, zoning
ordinances and fire code are met.
(Prior Code, 12-38; Code 1999, § 8-606)
::: phx-name
[Sec 8-607 Sale
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-607_Sale_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall sell, expose or offer for sale in any public market, or
at any place within the limits of the city, any unsound, diseased,
stale, rotten, fermented, nauseous or unwholesome meat, poultry, fish,
vegetables, fruits or other articles of food or provisions, or any
unwholesome bread, cake or pastry, manufactured in whole or in part from
unwholesome flour or meal.
(Prior Code, § 12-57; Code 1999, § 8-607)
::: phx-name
[Sec 8-608 Not To Maintain Adulterated Or Misbranded
Food](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-608_Not_To_Maintain_Adulterated_Or_Misbranded_Food){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to maintain within the city any article of
food or confectionery which is adulterated or misbranded within the
meaning of this article and any person who shall violate any of the
provisions of this section shall be guilty of an offense.
(Prior Code, § 12-58; Code 1999, § 8-608)
::: phx-name
[Sec 8-609 Compounds, Imitations Or Blends To Be Labeled As
Such](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-609_Compounds,_Imitations_Or_Blends_To_Be_Labeled_As_Such){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All articles shall be labeled, branded or tagged so as to plainly
indicate that they are compounds, imitations or blends, and the word
\"compound,\" \"imitation,\" or \"blend,\" as the case may be, is
plainly stated on the package in which it is offered for sale, provided
that nothing in this article shall be construed as requiring or
compelling proprietors or manufacturers of proprietary foods which
contain no unwholesome added ingredients to disclose their trade
formulas, except insofar as the provisions of this article may require
to secure freedom from adulteration or misbranding.
(Prior Code, § 12-59; Code 1999, § 8-609)
::: phx-name
[Sec 8-610 Examination Of
Food](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-610_Examination_Of_Food){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The examination of specimens of food or confectionery shall be made by
the health officer or under his direction. If it shall appear from such
examination of any of such specimens that they are adulterated or
misbranded within the meaning of this article, the health officer shall
cause a complaint to be sworn out and may embargo the food or
confectionery until released by the health officer.
(Prior Code, § 12-60; Code 1999, § 8-610)
::: phx-name
[Sec 8-611 Sample To Be
Provided](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-611_Sample_To_Be_Provided){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whosoever offers, exposes or has in his possession for sale to dealers
or consumers in the city any food shall, upon application of the health
officer or his assistant or agent, upon tender of the value thereof,
furnish a sample sufficient for the analysis of such of food. Whosoever
is convicted of a refusal to sell or give such sample as provided herein
shall be subject to punishment a provided in section 1-108.
(Prior Code, § 12-62; Code 1999, § 8-611)
::: phx-name
[Sec 8-612 Poisonous
Preservatives](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-612_Poisonous_Preservatives){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any meat, fish or other food which shall be treated with or shall
contain any of the salts of sulphurous acid or other poisonous
preservation or coloring matter are hereby declared to be unwholesome,
and any person who shall sell or offer to sell, serve or deliver or
cause the same to be done, any meats, fish or any other kind of food in
any form having therein and containing any of the salts of sulphurous
acid or other poisonous preservative or coloring matter, shall be deemed
guilty of an offense.
(Prior Code, § 12-63; Code 1999, § 8-612)
::: phx-name
[Sec 8-613 Sleeping Areas Of
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-613_Sleeping_Areas_Of_Employees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The sleeping place for workers or other employees in bake houses and
restaurants shall be separate and distinct from the place used for
making bread, pastry and other articles of food, and from food storage
preparation and serving areas.
(Prior Code, § 12-65; Code 1999, § 8-613)
::: phx-name
[Sec 8-614
Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-614_Inspection){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The health officer shall have power to inspect all articles of food or
drinks wherever located that may be sold or offered for sale for human
consumption and to analyze samples of the same upon his own motion.
(Prior Code, § 12-66; Code 1999, § 8-614)
::: phx-name
[Sec 8-615 Destruction
Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-615_Destruction_Authorized){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The health officer shall have authority to destroy, at the expense of
the owner or keeper, any foods, drinks, meats and fish that he finds to
be unwholesome and unfit for use.
(Prior Code, § 12-67; Code 1999, § 8-615)
::: phx-name
[Sec 8-616 Places Where Food Is Sold Or
Served](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-616_Places_Where_Food_Is_Sold_Or_Served){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The health officer shall have full power to pass on the sanitary
condition of any place where foods, milk, drinks, and meats are offered
for sale or served to the public. Any person who shall, after having
been duly notified to clean up or place his place of business in
sanitary condition, refuse to do so, shall be guilty of an offense.
(Prior Code, § 12-68; Code 1999, § 8-616)
::: phx-name
[Sec 8-617 Acts Of Agents Deemed Act Of
Principal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-617_Acts_Of_Agents_Deemed_Act_Of_Principal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
When construing and enforcing the provisions of this article the act,
omission or failure of any officer, agent or other person acting for or
employed by any corporation, company, society or association, within the
scope of his employment or office, shall in every case be deemed to be
the act, omission, or failure of such corporation, company, society or
association, as well as that of the person.
(Prior Code, § 12-69; Code 1999, § 8-617)
::: phx-name
[Sec 8-618
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-618_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person who violates any of the provisions of this article is guilty
of a misdemeanor and, upon conviction thereof, shall be punished as
provided in section 1-108. In addition thereto, such person may be
enjoined from continuing such violations. Each day upon which such a
violation occurs shall constitute a separate violation.
(Code 1999, § 8-618)
::: phx-name
[ARTICLE 8-6B MILK AND MILK
PRODUCTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-6B_MILK_AND_MILK_PRODUCTS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 8-621 Regulations
Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-621_Regulations_Adopted){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-622
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-622_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Milk regulations, 2 O.S. § 7-401 et seq.\
::: phx-name
[Sec 8-621 Regulations
Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-621_Regulations_Adopted){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The latest edition of the United States Public Health Service
Recommendation \"Grade A Pasteurized Milk Ordinance with Administrative
Procedures\" and the provisions of state law governing milk and milk
products as set out in Oklahoma Milk and Milk Products Act (2 O.S. §
7-401 et seq.), as amended from time to time, are hereby adopted and
incorporated by reference in this Code and are enforceable by the city
as fully as if they were set out at length herein. At least one copy of
the milk ordinance and referenced state law shall be on file in the
office of the city clerk. The milk ordinance and the referenced state
law shall govern except in case of conflict with the provisions of this
article, in which case the more restrictive terms shall prevail.
(Code 1999, § 8-620)
::: phx-name
[Sec 8-622
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-622_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person who shall violate any of the provisions of this shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished
as provided in section 1-108. Such persons may also be enjoined from
continuing such violations. Each day upon which such a violation occurs
shall constitute a separate violation.
(Code 1999, § 8-621)
::: phx-name
[CHAPTER 8-7 SMOKING IN PUBLIC PLACES AND INDOOR
WORKPLACES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-7_SMOKING_IN_PUBLIC_PLACES_AND_INDOOR_WORKPLACES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 8-701
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-701_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-702 Smoking In Certain Places Prohibited;
Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-702_Smoking_In_Certain_Places_Prohibited;_Exemptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-703 Measures To Prevent Smoking In
Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-703_Measures_To_Prevent_Smoking_In_Places){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-704 Violation And
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-704_Violation_And_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 8-701
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-701_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Educational facility* means a building owned, leased or under the
control of a technology center school district or a public or private
college or university.
*Health facility* means an entity which provides health services,
including, but not limited to, hospitals, nursing homes, long-term care
facilities, kidney disease treatment centers, health maintenance
organizations and ambulatory treatment centers.
*Indoor workplace* means any indoor place of employment or
employment-type service for or at the request of another individual or
individuals, or any public or private entity, whether part-time or
full-time and whether for compensation or not. Such services shall
include, without limitation, any service performed by an owner,
employee, independent contractor, agent, partner, proprietor, manager,
officer, director, apprentice, trainee, associate, servant or volunteer.
An indoor workplace includes work areas, employee lounges, restrooms,
conference rooms, classrooms, employee cafeterias, hallways, any other
spaces used or visited by employees, and all space between a floor and
ceiling that is predominantly or totally enclosed by walls or windows,
regardless of doors, doorways, open or closed windows, stairways, or the
like. The provisions of this chapter shall apply to such indoor
workplace at any given time, whether or not work is being performed.
*Meeting means* a meeting as defined in the Oklahoma Open Meeting Act
(25 O.S. § 301 et seq.).
*Public body* means a public body as defined in the Oklahoma Open
Meeting Act (25 O.S. § 301 et seq.).
*Public park* means all areas of a park or playground that is owned and
operated by the City of Moore, Oklahoma to which members of the general
public have been granted a right to access for rest and recreation.
\"Public park\" shall exclude: the paved area usually divided into
individual spaces set-aside and intended for the parking of motor
vehicles, portion of parking lots located on the same property as a park
or playground.
*Public place* means any enclosed indoor area where individuals other
than employees are invited or permitted.
*Restaurant* means any eating establishment regardless of seating
capacity.
*Smoking* means the carrying by a person of a lighted cigar, cigarette,
pipe or other lighted smoking device.
*Stand-alone bar*, *stand-alone tavern*, and *cigar bar* mean an
establishment that derives more than 60 percent of its gross receipts,
subject to verification by competent authority, from the sale of
alcoholic beverages and low-point beer and no person under 21 years of
age is admitted, except for members of a musical band employed or hired
as provided in 37 O.S. § 537(B)(2) and that is not located within, and
does not share any common entryway or common indoor area with, any other
enclosed indoor workplace, including a restaurant.
*Vapor products* means noncombustible products, that may or may not
contain nicotine, that employ a mechanical heating element, battery,
electronic circuit, or other mechanism, regardless of shape or size,
that can be used to produce a vapor in a solution or other form. The
term \"vapor products\" shall include any vapor cartridge or other
container with or without nicotine or other form that is intended to be
used with an electronic cigarette, electronic cigar, electronic
cigarillo, electronic pipe, or similar product or device and any vapor
cartridge or other container of a solution, that may or may not contain
nicotine, that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo or electronic device.
The term \"vapor products\" do not include any products regulated by the
United States Food and Drug Administration under Chapter V of the Food,
Drug, and Cosmetic Act.
**State Law reference**--- Similar provisions, 63 O.S. § 1-1522.
::: phx-docs
HISTORY\
*Adopted by Ord.
[910(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288257_Ordinance%20910(19)01082021103958.pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/21/2019\
*
:::
::: phx-name
[Sec 8-702 Smoking In Certain Places Prohibited;
Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-702_Smoking_In_Certain_Places_Prohibited;_Exemptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Except as specifically provided in this section, no person shall
smoke in a public place, in any part of a zoo to which the public
may be admitted, whether indoors or outdoors, in an indoor
workplace, in any vehicle providing public transportation, at a
meeting of a public body, in a nursing facility licensed pursuant to
the Nursing Home Care Act (63 O.S. § 1-1901 et seq.), or in a child
care facility licensed pursuant to the Oklahoma Child Care
Facilities Licensing Act (10 O.S. § 401 et seq.). A nursing facility
licensed pursuant to the Nursing Home Care Act (63 O.S. § 1-1901 et
seq.) may designate smoking rooms for residents and their guests.
Such rooms shall be fully enclosed, directly exhausted to the
outside, and shall be under negative air pressure so that no smoke
can escape when a door is opened and no air is recirculated to
nonsmoking areas of the building. Commercial airport operators may
prohibit the use of lighted tobacco in any area that is open to or
used by the public whether located indoors or outdoors, provided
that the outdoor area is within 175 feet from an entrance.
2. 1. Except as otherwise provided in subsection (B)(2) of this
section, a technology center school district which offers an
early childhood education program or in which children in grades
kindergarten through 12 are educated shall prohibit smoking, the
use of snuff, chewing tobacco or any other form of tobacco
product in the educational facility buildings and on the grounds
of the facility by all persons, including, but not limited to,
full-time, part-time, and contract employees, during the hours
of 7:00 a.m. to 4:00 p.m., during the school session, or when
class or any program established for students is in session.
2. A technology center school district may designate smoking areas
outside of buildings, away from general traffic areas and
completely out of sight of children under 18 years of age, for
use by adults attending training courses, sessions, meetings or
seminars.
3. A technology center school district or college or university may
designate smoking areas outside the educational facility
buildings for the use of adults during certain activities or
functions, including, but not limited to, athletic contests.
4. Smoking shall be prohibited in an educational facility as
defined in the 24/7 Tobacco-free Schools Act (70 O.S. § 1210.211
et seq.) and as provided for in this section.
3. Nothing in this section shall be construed to prohibit educational
facilities from having more restrictive policies regarding smoking
and the use of other tobacco or vapor products in the buildings or
on the grounds of the facility.
4. A private residence is not a public place within the meaning of this
section except that areas in a private residence that are used as a
licensed child care facility during hours of operation are public
places within the meaning of this section.
5. No person shall smoke or use a vapor product in any building, or
portions thereof, owned or operated by this municipality; smoking or
the use of a vapor product shall not be allowed within 25 feet of
the entrance or exit of any such building. No person shall smoke or
use a vapor product on the grounds of any city-owned public park,
excluding the paved areas usually divided into individual spaces set
aside and intended for the parking of motor vehicles.
6. Veterans centers operated by the state pursuant to the provisions of
72 O.S. § 221 et seq., shall be designated nonsmoking.
7. An employer not otherwise restricted from doing so may elect to
provide smoking rooms where no work is performed except for cleaning
and maintenance during the time the room is not in use for smoking,
provided each smoking room is fully enclosed and exhausted directly
to the outside, in such manner that no smoke can drift or circulate
into a nonsmoking area. No exhaust from a smoking room shall be
located within 15 feet of any entrance, exit or air intake. If
smoking is to be permitted in any space exempted in subsection (H)
of this section or in a smoking room, such smoking space must either
occupy the entire enclosed indoor space or, if it shares the
enclosed space with any nonsmoking areas, the smoking space shall be
fully enclosed, exhausted directly to the outside with no air from
the smoking space circulated to any nonsmoking area, and under
negative air pressure so that no smoke can drift or circulate into a
nonsmoking area when a door to an adjacent nonsmoking area is
opened. Air from a smoking room shall not be exhausted within 15
feet of any entrance, exit or air intake.
8. This section shall not prohibit smoking in:
1. Stand-alone bars, stand-alone taverns or cigar bars;
2. The rooms where licensed charitable bingo games are being
operated, but only during the hours of operation of such games;
3. Up to 25 percent of the guest rooms at a hotel or other lodging
establishment;
4. Retail tobacco stores predominantly engaged in the sale of
tobacco products and accessories and in which the sale of other
products is merely incidental and in which no food or beverage
is sold or served for consumption on the premises;
5. Workplaces where only the owner or operator of the workplace, or
the immediate family of the owner or operator, performs any work
in the workplace, and the workplace has only incidental public
access;
6. Workplaces occupied exclusively by one or more smokers, if the
workplace has only incidental public access. The term
\"incidental public access\" means that a place of business has
only an occasional person, who is not an employee, present at
the business to transact business or make a delivery. The term
\"incidental public access\" does not include businesses that
depend on walk-in customers for any part of their business;
7. Private offices occupied exclusively by one or more smokers;
8. Workplaces within private residences, except that smoking shall
not be allowed inside any private residence that is used as a
licensed child care facility during hours of operation;
9. A facility operated by a post or organization of past or present
members of the Armed Forces of the United States which is exempt
from taxation pursuant to section 501(c)(8), (c)(10) or (c)(19)
of the Internal Revenue Code, 26 USC 501(c)(8), (c)(10) or
(c)(19), when such facility is utilized exclusively by its
members and their families and for the conduct of post or
organization nonprofit operations except during an event or
activity which is open to the public;
10. Any outdoor seating area of a restaurant, provided smoking shall
not be allowed within 15 feet of any exterior public doorway or
any air intake of a restaurant; and
11. Medical research or treatment centers, if smoking is integral to
the research or treatment.
**State Law reference**--- Similar provisions, 63 O.S. § 1-1523.
::: phx-docs
HISTORY\
*Adopted by Ord.
[910(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288257_Ordinance%20910(19)01082021103958.pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/21/2019\
*
:::
::: phx-name
[Sec 8-703 Measures To Prevent Smoking In
Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-703_Measures_To_Prevent_Smoking_In_Places){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The state or local governmental agency or the person who owns or
operates a public place shall, at a minimum, do the following in order
to prevent smoking in public places:
1. Post conspicuous signs at entrances to and in prominent locations
within places where smoking is prohibited which state that smoking
is prohibited or that the indoor environment is free of tobacco
smoke; and
2. Ask smokers to refrain from smoking upon observation of anyone
violating the provisions of this section.
**State Law reference**--- Similar provisions, 63 O.S. § 1-1525.
::: phx-name
[Sec 8-704 Violation And
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-704_Violation_And_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The possession of lighted tobacco in any form is a public nuisance and
dangerous to public health. Any person who knowingly violates this
chapter is guilty of a misdemeanor, and, upon conviction thereof, shall
be punished by a fine of not less than \$10.00 nor more than \$100.00.
(Code 1999, § 8-706; Ord. No. 583(07), § I, 5-21-2007)
::: phx-name
[CHAPTER 8-8 PUBLIC
BATHING/TANNING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-8_PUBLIC_BATHING/TANNING){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 8-801 Regulations
Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-801_Regulations_Adopted){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 8-801 Regulations
Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-801_Regulations_Adopted){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following regulations are hereby adopted and incorporated herein
by reference in this Code, punishable as if set out fully at length
herein, to govern public bathing and tanning facilities:
1. \"Design Standards and Operational Criteria for Public Bathing
Places,\" adopted by the Oklahoma State Board of Health, 93
pages, March 27, 1986, or latest edition thereof; and
2. \"Sunlamp Products; Performance Standard,\" issued by the U.S.
Department of Health and Human Services, Food and Drug
Administration, 21 CFR 1040, and as may be amended from time to
time.
2. At least one copy of the above regulations are on file in the office
of the city clerk.
(Code 1999, § 8-801)
::: phx-name
[CHAPTER 8-9
ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-9_ENFORCEMENT){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 8-901 Obstructing
Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-901_Obstructing_Officer){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-902 Action By County Health
Department](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-902_Action_By_County_Health_Department){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-903 Enforcement; Citations;
Appeals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-903_Enforcement;_Citations;_Appeals){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-904 Penalty And Other
Actions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-904_Penalty_And_Other_Actions){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 8-901 Obstructing
Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-901_Obstructing_Officer){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to obstruct or interfere with any officer
or health or administrative officer charged with the enforcement of this
part.
(Prior Code, § 12-4, in part; Code 1999, § 8-901)
::: phx-name
[Sec 8-902 Action By County Health
Department](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-902_Action_By_County_Health_Department){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
By contract or other method, the city manager may appoint the county
health department as its agent to enforce provisions of this part and
the health ordinances of the city. Such responsibilities may include
determination of public health nuisances and hazards, service as expert
witnesses for the city, and assistance in evaluation and development of
remedial action on matters which deal with the public health.
(Code 1999, § 8-902)
::: phx-name
[Sec 8-903 Enforcement; Citations;
Appeals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-903_Enforcement;_Citations;_Appeals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. With respect to public nuisance abatement, the city manager may
further delegate to the director of community development division
or his staff the aforementioned duties of the city manager,
including the duty of administrative officer.
2. The city manager or his designee are designated to issue citations
for violations this part, including nuisances, weeds and trash,
abandoned vehicles and health laws.
3. Any administrative hearings for violations of the above-referenced
sections shall be before an administrative officer designated by the
city manager. A hearing shall be scheduled on completion and filing
with the city clerk an application therefor, pursuant to the
appropriate sections of this part, in accordance with the provisions
contained therein.
4. Appeals from the decision of the administrative officer shall be to
the municipal court, in accordance with the applicable code
provisions.
(Code 1999, § 8-903; Ord. No. 451, 7-18-1988)
::: phx-name
[Sec 8-904 Penalty And Other
Actions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-904_Penalty_And_Other_Actions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The procedures for abating nuisances declared in this part and any
other provisions of law and ordinances are cumulative to one
another, and the city may elect to follow any such procedure which
is applicable in abating any particular nuisance or violation.
2. The city may, in addition to other remedies or punishments or
abatements, bring an action for abatement of any nuisance.
3. Any violation of any provision of this part is punishable as
provided in section 1-108.
(Code 1999, § 8-904)
::: phx-name
[CHAPTER 8-10
GRAFFITI](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-10_GRAFFITI){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 8-1001 Short
Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1001_Short_Title){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1002 Statutory
Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1002_Statutory_Authority){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1003 Legislative
Findings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1003_Legislative_Findings){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1004 Purpose And
Intent](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1004_Purpose_And_Intent){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1005
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1005_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1006 Declaration Of Public
Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1006_Declaration_Of_Public_Nuisance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1007 Application Of Graffiti Prohibited; Offense;
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1007_Application_Of_Graffiti_Prohibited;_Offense;_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1008 Removal Of Graffiti From Private Property Within
Neighborhood Initiative Area Designated By The City
Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1008_Removal_Of_Graffiti_From_Private_Property_Within_Neighborhood_Initiative_Area_Designated_By_The_City_Manager){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 8-1001 Short
Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1001_Short_Title){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This chapter shall be known and may be cited as the \"Graffiti
Eradication Ordinance.\"
(Code 1999, § 8-1001; Ord. No. 65(93), 11-15-1993)
::: phx-name
[Sec 8-1002 Statutory
Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1002_Statutory_Authority){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This chapter is being enacted under the authority of 11 O.S. § 22-121.
(Code 1999, § 8-1002; Ord. No. 65(93), 11-15-1993)
::: phx-name
[Sec 8-1003 Legislative
Findings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1003_Legislative_Findings){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The council of the city hereby makes the following findings:
1. That unsightly graffiti on public and private property within the
city is detrimental to the beauty of our community;
2. That graffiti on public and private property within the city is
often related to criminal street gang activity, with graffiti being
used to convey information to gang members and mark gang territory;
3. That gang-related graffiti often provides a catalyst for
gang-related criminal violence within the city;
4. That gang-related graffiti constitutes a growing blight on, and a
substantial detriment to, the health and safety of the residents of
our community; and
5. That by reason of the foregoing findings, graffiti constitutes a
public nuisance to our community.
(Code 1999, § 8-1003; Ord. No. 65(93), 11-15-1993)
::: phx-name
[Sec 8-1004 Purpose And
Intent](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1004_Purpose_And_Intent){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The purpose of this chapter is to provide for the prevention and removal
of graffiti within the city. The intent of the council is to prevent and
remove a public nuisance that is a growing blight on, and a substantial
detriment to, the health, safety and general welfare of our community
and its inhabitants.
(Code 1999, § 8-1004; Ord. No. 65(93), 11-15-1993)
::: phx-name
[Sec 8-1005
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1005_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Advertising* means any letter, word, name, number, symbol, slogan,
message, drawing, picture, writing, or other mark of any kind lawfully
placed on property by an owner or occupant of the property, or an agent
of such owner or occupant, for the purpose of promoting products or
services or conveying information to the public.
*Applies graffiti, apply graffiti* or *applying graffiti* means the act
of drawing, painting, chiseling, scratching or etching graffiti on
public or private property within the city.
*City manager* means the city manager or the trust manager of the city
public works authority, or his designee.
*Graffiti* means, without limitation, any letter, word, name, number,
symbol, slogan, message, drawing, picture, writing, or other mark of any
kind visible to the public that is drawn, painted, chiseled, scratched
or etched on a rock, tree, wall, bridge, fence, gate, building or other
structure; provided, however, that this definition shall not include
advertising or any other letter, word, name, number, symbol, slogan,
message, drawing, picture, writing, or other mark of any kind lawfully
placed on property by an owner of the property, an occupant of the
property, or by an authorized agent for such owner or occupant.
*Occupant* means any person shown by the records of the county clerk\'s
office as a tenant of property, or any person in actually physical
possession of property.
*Owner* means any person shown by the records of the county clerk\'s
office as the owner of a fee simple interest in property.
*Removal, remove* or *removed*, when used in relation to the eradication
of graffiti, means the act of taking graffiti off of, or masking the
presence of graffiti on, a rock, tree, wall, bridge, fence, gate,
building or other structure.
(Code 1999, § 8-1005; Ord. No. 65(93), 11-15-1993)
::: phx-name
[Sec 8-1006 Declaration Of Public
Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1006_Declaration_Of_Public_Nuisance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The council of the city hereby declares that graffiti on public or
private property within the city constitutes a public nuisance to the
detriment of the city and its inhabitants and visitors. The provisions
for prevention and removal of such public nuisance are set forth in
sections 8-1007 and 8-1008.
(Code 1999, § 8-1006; Ord. No. 65(93), 11-15-1993)
::: phx-name
[Sec 8-1007 Application Of Graffiti Prohibited; Offense;
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1007_Application_Of_Graffiti_Prohibited;_Offense;_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall apply graffiti to public or private property within
the city.
2. Any person who applies graffiti to public or private property within
the city shall be deemed guilty of an offense. Each act of applying
graffiti shall constitute a separate offense.
3. Any person convicted of the offense of applying graffiti to public
or private property within the city shall be punished as provided in
section 1-108.
4. The provisions of this section shall be enforced by the police
department and code enforcement officer as determined by the city
manager.
(Code 1999, § 8-1007; Ord. No. 65(93), 11-15-1993)
::: phx-name
[Sec 8-1008 Removal Of Graffiti From Private Property Within
Neighborhood Initiative Area Designated By The City
Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1008_Removal_Of_Graffiti_From_Private_Property_Within_Neighborhood_Initiative_Area_Designated_By_The_City_Manager){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager or his designee may cause graffiti to be removed from
private property located within the neighborhood initiative area
designated by the city manager in accordance with the following
procedure:
1. The manager or his designee shall contact the owners of the property
to encourage the property owners cooperation in removing any such
graffiti;
2. Prior to removal attempts by the city, the manager or his designee
shall obtain the written consent of all owners and occupants for
removal of graffiti from the property; and
3. Upon obtaining the written consent required by subsection (B) of
this section, the manager may, to the extent authorized by the
owners and occupants, enter onto the property and remove the
graffiti.
(Code 1999, § 8-1008; Ord. No. 65(93), 11-15-1993)
::: phx-name
[CHAPTER 8-11 EXTERIOR PROPERTY
MAINTENANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-11_EXTERIOR_PROPERTY_MAINTENANCE){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 8-11A
GENERAL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11A_GENERAL){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 8-11B EXTERIOR PROPERTY MAINTENANCE VIOLATIONS
DEFINED](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11B_EXTERIOR_PROPERTY_MAINTENANCE_VIOLATIONS_DEFINED){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 8-11C NOTICE AND
ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11C_NOTICE_AND_ENFORCEMENT){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 8-11A
GENERAL](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11A_GENERAL){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 8-1101
Scope](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1101_Scope){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1102
Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1102_Responsibility){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1103 Vacant Structures And
Land](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1103_Vacant_Structures_And_Land){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1104 Violations And
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1104_Violations_And_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1105
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1105_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 8-1101
Scope](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1101_Scope){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions of this chapter shall govern the minimum conditions and
standards for maintenance of structures and exterior property.
(Code 1999, § 8-1101; Ord. No. 102(94), 12-5-1994)
::: phx-name
[Sec 8-1102
Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1102_Responsibility){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The owner or occupant of the premises shall maintain the structures and
exterior property in compliance with the requirements of this chapter. A
person shall not occupy as owner/occupant or permit another person to
occupy or use premises which do not comply with the requirements of this
chapter.
(Code 1999, § 8-1102; Ord. No. 102(94), 12-5-1994)
::: phx-name
[Sec 8-1103 Vacant Structures And
Land](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1103_Vacant_Structures_And_Land){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All vacant structures and premises thereof or vacant land shall be
maintained in a clean, safe, secure and sanitary condition as provided
in this chapter so as not to cause a blighting problem or adversely
affect the public health or safety.
(Code 1999, § 8-1103; Ord. No. 102(94), 12-5-1994)
::: phx-name
[Sec 8-1104 Violations And
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1104_Violations_And_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person, firm or corporation who shall violate any provision of this
chapter, upon conviction thereof, shall be guilty of an offense and be
subject to a fine in an amount as provided in section 1-108. Each day
that a violation continues shall be deemed a separate offense.
(Code 1999, § 8-1104; Ord. No. 102(94), 12-5-1994)
::: phx-name
[Sec 8-1105
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1105_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Approved* means approved by the code official.
*Basement* means that portion of a building which is partly or
completely below grade.
*Code official* means the city official who is charged with the
administration and enforcement of this chapter, or any duly authorized
representative.
*Exterior property* means the open space on the premises and on
adjoining property under the control of the owner or occupant of such
premises.
*Major violation* means a combination of two or more minor violations
occurring at the same time, or one or more violations that are
determined by the code official to pose a serious threat to the health
and safety of the owner or occupant of the structure in question.
*Minor violation* means a singular violation of any one of the various
provisions of this chapter, either through lack of maintenance or act of
nature, which in and of itself does not cause a blighting problem or
adversely affect the public health or safety.
*Occupant* means any person legally living or sleeping in a building, or
having legal possession of a space within, a building.
*Owner* means any person, firm or corporation having a legal or
equitable interest in the property, including the guardian, executor or
administrator of the estate of such person.
*Premises* means a lot, plot, tract or parcel of land, including the
buildings and structures thereon.
*Structure* means that which is built or constructed.
(Code 1999, § 8-1105; Ord. No. 102(94), 12-5-1994; Ord. No. 196(97),
6-16-1997; Ord. No. 451(04), 4-19-2004)
::: phx-name
[ARTICLE 8-11B EXTERIOR PROPERTY MAINTENANCE VIOLATIONS
DEFINED](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11B_EXTERIOR_PROPERTY_MAINTENANCE_VIOLATIONS_DEFINED){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 8-1111 Exterior Property
Areas](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1111_Exterior_Property_Areas){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1112 Exterior Structure General
Maintenance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1112_Exterior_Structure_General_Maintenance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1113
Appearance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1113_Appearance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1114
Signage](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1114_Signage){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1115
Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1115_Enforcement){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 8-1111 Exterior Property
Areas](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1111_Exterior_Property_Areas){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Grading* and *drainage*. All premises shall be graded and
maintained to prevent the accumulation of stagnant water thereon, or
within any structure located thereon, except for water detention or
retention areas approved by the city.
2. *Rat harborage*. All structures and exterior property shall be kept
free from rat infestation. Where rats are found, they shall be
promptly exterminated by approved processes which will not be
injurious to human health. After extermination, proper precautions
shall be taken to prevent re-infestation.
3. *Accessory structures*. All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound
and in good repair. Each separate accessory structure shall be
deemed a separate violation.
(Code 1999, § 8-1110; Ord. No. 451(04), 4-19-2004)
::: phx-docs
HISTORY\
*Amended by Ord.
[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/21/2019\
*
:::
::: phx-name
[Sec 8-1112 Exterior Structure General
Maintenance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1112_Exterior_Structure_General_Maintenance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The owner, lessee, occupant, or person or entity having charge of the
property shall keep all parts of the exterior property in a clean and
sanitary condition. No premises shall be in a condition that constitutes
a health hazard, safety hazard, or general nuisance.
1. *Street numbers*. Each building to which a street number has been
assigned shall have such number displayed in a position easily
observed and readable from the public right-of-way. All numbers
shall be at least three inches high and one-half inch stroke.
2. *Structural members*. Any structural member of a structure which has
become deteriorated or damaged to the extent that it does not serve
the purpose as originally intended shall be renewed, restored,
repaired, or replaced as is necessary to serve the purpose as
originally intended. All structural members shall be maintained free
of deterioration, and capable of safely bearing the imposed dead and
live loads.
3. *Exterior walls* *and* *surfaces*. Exterior walls and other exterior
surface materials shall he free of holes, cracks, loose or rotting
boards and timbers or any other condition as to prevent rodents,
rain, or dampness to the interior of the dwelling. All canopies,
marquees, signs, awnings, exterior stairways, fire escapes,
standpipes, exhaust ducts, porches, balconies, and similar
overhanging extensions, and their supporting structures where
exposed to public view, shall be maintained in good condition and
shall not show evidence of ripping, tearing, or deterioration.
Exterior wood surfaces, other than decay-resistant woods, shall be
protected from the elements and decay by painting or other
protective covering or treatment. Peeling, flaking and chipped paint
shall be eliminated and surfaces repainted. All metal surfaces
subject to rust or corrosion shall be coated to inhibit such rust
and corrosion and all surfaces with rust or corrosion shall be
stabilized and coated to inhibit future rust and corrosion.
Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from this
requirement.
4. *Roofs* *and* *drainage*. The roof and flashing shall be sound,
tight and not have defects which admit rain. Rain gutters,
downspouts, leaders, or other means of water diversion shall be
provided to collect/conduct and discharge all water from the roof
and maintained so as not to leak or cause dampness in the walls,
ceiling, or basements or adversely affect adjacent properties. Roof
drains, gutters and downspouts shall be maintained in good repair
and free from obstructions.
5. *Overhang extensions*. All canopies, marquees, awnings, stairways,
fire escapes, standpipes, exhaust ducts, gutters and similar
overhang extensions shall be maintained in good repair and be
properly anchored so as to be kept in a safe and sound condition.
When required, all exposed surfaces of metal or wood shall be
protected from the elements and against decay by periodic
application of weather-coating materials, such as paint or similar
surface treatment.
6. *Chimneys* *and* *towers*. All chimneys, cooling towers, smoke
stacks, and similar appurtenances shall be maintained structurally
safe, sound, and in good repair. Where required, all exposed
surfaces of metal or wood shall be protected from the elements and
against decay by periodic application of weather-coating materials,
such as paint or similar surface treatment.
7. *Handrails* *and* *guardrails*. Every handrail and guardrail shall
be firmly fastened and capable of bearing normally imposed loads and
shall be maintained in sound condition and good repair.
8. *Windows, skylights, doors and frames*. Windows shall be fully
supplied with window glass or an approved substitute which is glazed
and is without open cracks or holes, shall have sashes in good
condition which fit within frames, be capable of being easily opened
and held in position by hardware, and maintained so as to exclude
adverse weather elements from entering the structure. Skylights,
doors, and frames shall be kept in sound condition, good repair and
weather-tight.
9. *Insect screens*. All insect screens shall be tightly fitting and
maintained in sound condition and good repair, free from holes,
cuts, or rips.
10. *Exterior doors and frames.* All exterior doors, frames and
hardware, including garage doors, shall be maintained in sound
condition, good repair and weather-tight.
11. *Basement, foundation, vents, and windows.* Every
basement/foundation hatchway, vent or window shall be maintained in
sound condition, good repair and weather-tight. Foundations shall
support the building at all points and shall be free of all holes
and cracks as to prevent rodents, water or dampness to the interior
of the building or any conditions tending to reduce the capability
of the foundation to support the building.
12. *Porches, decks, and docks.* Every porch, deck, or dock shall be
constructed and maintained so as to be free of missing, defective,
rotting or deteriorated foundations, supports, floors, other
members, including steps, and kept in sound condition and in good
repair.
13. *Decorative features*. All cornices, entablatures, bell courses,
corbels, terra cotta trim, wall facings, and similar decorative
features shall be maintained in good repair with proper anchorage
and in a safe condition.
14. *Sidewalks and driveways.* All sidewalks, walkways, stairs,
driveways, parking spaces, parking lots and similar areas shall be
kept in a proper state of repair and maintained free from hazardous
conditions.
(Code 1999, § 8-1111; Ord. No. 451(04), 4-19-2004)
::: phx-docs
HISTORY\
*Amended by Ord.
[806(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/19/2015\
Amended by Ord.
[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/21/2019\
*
:::
::: phx-name
[Sec 8-1113
Appearance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1113_Appearance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All buildings and the exterior of all premises shall be properly
maintained to achieve a presentable appearance and to avoid blighting
effects and hazardous conditions.
1. *Exterior space*. The exterior open space around each structure
shall be maintained or improved so as to provide for:
1. The immediate diversion of water away from buildings and proper
drainage of the lot;
2. Grass, plantings, or other suitable ground cover to prevent soil
erosion which is or may become detrimental to the structures,
lot use or adjacent lots and structures; and
3. Sidewalks, walkways, parking areas, driveways and exterior steps
which are of a permanently hard, dust-free surface of sound
construction, and properly maintained.
2. *Buffer and screening requirements.* When commercial or industrial
property is being developed, and it abuts property zoned or used for
residential purposes, a six-foot tall buffer shall be constructed of
an appropriate mounding, fencing, or vegetative material, along the
entire length of any abutting side or rear yard. Screen plantings
shall have a minimum height of five feet and should be of such size,
species, and spacing as can reasonably be expected to produce an
opaque six-foot screen within three years.
3. *Vegetative ground cover required*. All green areas shall be graded
and seeded with an all-season, well maintained vegetative ground
cover.
4. *Fences and walls.* All fences, retaining walls, or similar
structures shall be anchored firmly in the ground, shall be
constructed in a workmanlike manner and maintained in that same
manner so that such approved fences, retaining walls, or similar
structures shall always be in the state of good structural repair.
If any fence, retaining wall, or similar structure is found not to
be in the state of good structural repair, it shall be removed,
replaced, or repaired, as required. Except when constructed of
materials that have been designed or manufactured to remain
untreated, all fences shall be treated periodically with paint or
chemicals so as to retard deterioration. Fences and/or walls shall
be constructed of wood, iron, decorative aluminum, stone, brick, or
decorative block. Retaining walls shall be constructed of stone,
decorative wall systems, brick, or wood. The following items, being
found singularly or collectively, shall be used in determining a
fence that is in violation of this section:
1. Missing or broken panels;
2. Lean posts being used to keep the fence erect;
3. Patches made to the fence that are not made of the same original
fence material;
4. Three or more broken or missing slats within a panel;
5. Broken fence posts;
6. Upright fence posts when no fence panels or other horizontal
fence material is erected;
7. Leaning panels, fence material or fence posts.
5. *Yards*. All yards, courts, and lots shall be kept free of noxious
weeds, overgrown grasses, debris, and other materials which may
cause a fire, health or safety hazard, or general unsightliness.
6. *Hazards*. Hazards and unsanitary conditions shall be eliminated.
7. *Grading*. All premises shall be graded and maintained to prevent
the erosion of soil and to prevent the accumulation of water
thereon, or within any structure located thereon.
8. *Drainage*. All portions of all premises shall be so graded that
there is no pooling of water or recurrent entrance of water into any
part of any building except where such pooling or retention of water
is part of a plan approved by the city engineer. All condensate and
waste cooling water shall be appropriately discharged into an
approved drainage system.
9. *Drainage swales*. Swales are to be maintained by the owners of the
parcels on which they are located, and at no time will anyone plant
trees and/or shrubs or discharge, empty, or place any material fill
or waste into any swale so as to impede or divert drainage flow.
10. *Traffic markings*. All traffic markings such as directional arrows,
lane division lines, parking space lines, stop signs, etc., shall be
maintained so as to be clearly visible and easily recognized.
11. *Exterior light fixtures*. Exterior lighting fixtures over steps,
paths, walkways, courts, drives and parking lots shall be neatly
maintained in operable condition and lighted for sufficient periods
of time before and after business hours to provide for pedestrian
and employee safety and properly aimed so as not to shine on
adjacent properties (per local zoning regulation).
12. *Driveways and walkways*. All driveways, walkways, stairs, parking
spaces, parking lots and similar areas shall be kept in a proper
state of repair, and maintained free from hazardous conditions.
13. *Rodent harborage*. All structures and exterior property shall be
kept free from rodent harborage and infestation. Where rodents are
found, they shall be promptly exterminated by approved processes
which will not be injurious to human health. After extermination,
proper precautions shall be taken to eliminate rodent harborage and
prevent re-infestation.
14. *Mosquito infestation*. All structures and exterior property shall
be kept free of the accumulation of stagnant water by any means,
which may yield the potential for serving as a breeding ground for
mosquitoes.
::: phx-docs
HISTORY\
*Adopted by Ord.
[806(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/19/2015\
Amended by Ord.
[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/21/2019\
*
:::
::: phx-name
[Sec 8-1114
Signage](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1114_Signage){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Sign maintenance*. All signage and incidental landscaping and/or
lighting shall be maintained in good condition and shall not show
evidence of deterioration. Neither lighting nor signage shall be
permitted to be posted on trees or utility poles.
2. *Visibility triangles*. All signage shall be located outside of all
visibility triangles at intersections and ingress/egress points, and
shall not be located in such a manner as to constitute a traffic or
safety hazard.
::: phx-docs
HISTORY\
*Adopted by Ord.
[806(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/19/2015\
Amended by Ord.
[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/21/2019\
*
:::
::: phx-name
[Sec 8-1115
Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1115_Enforcement){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
An annual inspection of all commercial and industrial property shall be
made by the building official or his designee to determine compliance
with the exterior property maintenance code.
::: phx-docs
HISTORY\
*Amended by Ord.
[806(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326761_Ordinance%20No.%20806%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/19/2015\
Amended by Ord.
[911(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287894_Ordinance%20911(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/21/2019\
*
:::
::: phx-name
[ARTICLE 8-11C NOTICE AND
ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_8-11C_NOTICE_AND_ENFORCEMENT){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 8-1121 Determination Of
Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1121_Determination_Of_Violation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1122 Notice Of
Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1122_Notice_Of_Violation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1123 Correction Of
Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1123_Correction_Of_Violation){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 8-1121 Determination Of
Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1121_Determination_Of_Violation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Upon report of a violation of the provisions of this chapter, the code
official shall determine whether a violation exists, and whether such
violation is deemed to be a minor violation or a major violation, as
defined in section 8-1105. If the violation is determined to be a minor
violation, no action shall be taken until such time as it is determined
that a major violation exists.
(Code 1999, § 8-1140; Ord. No. 102(94), 12-5-1994; Ord. No. 196(97),
6-16-1997)
::: phx-name
[Sec 8-1122 Notice Of
Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1122_Notice_Of_Violation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. If the code official determines that a major violation exists,
written notice shall be given to the owner of the premises stating
the violations and directing that the violations be corrected.
2. The written notice shall be sent by certified mail to the owner of
the property at the address shown by the current year\'s tax rolls
in the office of the county treasurer. If the property owner cannot
be located, notice may be given by posting a copy of the notice on
the property.
(Code 1999, § 8-1141; Ord. No. 102(94), 12-5-1994; Ord. No. 196(97),
6-16-1997; Ord. No. 451(04), 4-19-2004)
::: phx-name
[Sec 8-1123 Correction Of
Violation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1123_Correction_Of_Violation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The notice required in section 8-1122 shall state that the owner or
occupant must correct the violations outlined in the notice within
30 days of the date of the notice. Upon reinspection of the property
within the 30-day notice period, the community development director
may authorize an additional time for the owner or occupant to
correct the violations. Once a notice of violation has been issued,
each minor violation included in such notice shall be corrected
prior to the code official clearing the violation. If the owner or
occupant fails to correct the violations within the allotted time
period, a citation or citations shall be issued to the owner or
occupant, as provided in section 8-1104.
2. At any time within ten days form the date of the notice, the owner
or occupant may request, in writing addressed to the code official,
a hearing for the purpose of contesting the determination of a
violation on the property. The code official shall conduct a hearing
as soon as practicable but not later than 15 days after receipt of
the owner or occupant\'s request for such hearing. At such hearing
the owner or occupant shall have the right to be represented by
counsel, to present testimony, other evidence and arguments, and to
cross examine witnesses. If the code official determines after such
hearing that a major violation exists on the property, he shall
direct that the violations be corrected within the time period
established in the notice or other agreed upon timeline, as
appropriate. Such finding shall be made in writing and shall be
served upon the owner or occupant. An appeal of the final order of
the code official may be had by any person aggrieved by such order.
Such appeal shall follow the procedures established in section
8-205(f) and (g).
(Code 1999, § 8-1142; Ord. No. 102(94), 12-5-1994; Ord. No. 196(97),
6-16-1997; Ord. No. 451(04), 4-19-2004)
::: phx-docs
HISTORY\
*Amended by Ord.
[807(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601326959_Ordinance%20No.%20807%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/19/2015\
*
:::
::: phx-name
[CHAPTER 8-12 MEDICAL
MARIJUANA](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-12_MEDICAL_MARIJUANA){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 8-1201
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1201_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1202 General
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1202_General_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1203 Medical Marijuana
Dispensary](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1203_Medical_Marijuana_Dispensary){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1204 Commercial Medical Marijuana Growing
Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1204_Commercial_Medical_Marijuana_Growing_Facilities){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1205 Commercial Medical Marijuana Processing
Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1205_Commercial_Medical_Marijuana_Processing_Facility){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1206 Medical Marijuana Testing Laboratory
Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1206_Medical_Marijuana_Testing_Laboratory_Facility){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1207 Medical Marijuana Research
Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1207_Medical_Marijuana_Research_Facility){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1208 Medical Marijuana Education
Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1208_Medical_Marijuana_Education_Facility){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1209 Medical Marijuana Growing For Personal
Use](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1209_Medical_Marijuana_Growing_For_Personal_Use){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1210 Legal Non-Conforming
Clause](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1210_Legal_Non-Conforming_Clause){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 8-1201
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1201_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:\
*Commercial medical marijuana growing facilities* means an entity
licensed by the State of Oklahoma to cultivate, prepare and package
medical marijuana and transfer or contract for transfer medical
marijuana to a medical marijuana dispensary, medical marijuana
processor, any other medical marijuana commercial grower, medical
marijuana research facility, medical marijuana education facility and
pesticide manufacturers. A commercial grower may sell seeds, flower or
clones to commercial growers.\
*Commercial medical marijuana processing facilities* means an entity
licensed by the State of Oklahoma to operate a business including the
production, manufacture, extraction, processing, packaging or creation
of concentrate, medical-marijuana-infused products or other medical
marijuana products.
*Hazardous processor license* means a license issued to a medical
marijuana processor that performs an extraction method that utilizes
chemicals considered hazardous by the OSHA Hazard Communication Standard
under 29 CFR § 1910.1200.
*Medical marijuana dispensary* means an entity that has been licensed by
the State of Oklahoma to purchase medical marijuana or medical marijuana
products from a licensed medical marijuana commercial grower or medical
marijuana processor, sell medical marijuana or medical marijuana
products to patients and caregivers, or sell or transfer products to
another dispensary.\
\
*Medical marijuana education facility* means a person or entity approved
to operate a facility providing training and education to individuals
involving the cultivation, growing, harvesting, curing, preparing,
packaging or testing of medical marijuana, or the production of
medical-marijuana-infused products or other medical marijuana products.\
*Medical marijuana growing for personal use* means any individual
licensed by the State of Oklahoma to grow up to six mature marijuana
plants and up to six seedling plants within a single residence for
personal medical use.\
*Medical marijuana research facility means* a person or entity approved
to conduct medical marijuana research.\
*Medical marijuana testing lab* means a public or private laboratory
licensed to conduct testing and research on medical marijuana and
medical marijuana products.\
*Medical marijuana transporter* means a person or entity that is
licensed by the State of Oklahoma to transport medical marijuana. A
medical marijuana transporter does not include a medical marijuana
business that transports its own medical marijuana, medical marijuana
concentrate or medical marijuana products to a property or facility
adjacent to or connected to the licensed premises if the property is
another licensed premises of the same medical marijuana business.\
*Medical marijuana waste* means unused, surplus, returned or out-of-date
marijuana, plant debris of the plant of the genus Cannabis, including
dead plants and all unused plant parts and roots.
*Non-hazardous processor license* means a license issued by the
Authority to a processor that will not perform any processing or
extraction methods that utilize a chemical considered hazardous by the
OSHA Hazard Communication Standard under 29 CFR § 1910.1200.
*School* means a public or private preschool or a public or private
elementary or secondary school used for school classes and instruction.
A homeschool, daycare, or child-care facility shall not be considered a
\"school.\"
The city hereby adopts all other terms and definitions as established by
state law or department of health regulations. In the event of a
conflict between any definitions contained herein, the definition
promulgated by the state or the department of health shall prevail.
::: phx-docs
HISTORY\
*Adopted by Ord.
[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
Amended by Ord.
[1020.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1677620270_1020.23.pdf){.k-link
target="_blank" style="color:#0000EE"} on 2/21/2023\
*
:::
::: phx-name
[Sec 8-1202 General
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1202_General_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Applicants for any license contained herein shall be required to
possess a valid State of Oklahoma issued medical marijuana license
prior to making application for the city license.
2. The commercial licenses outlined in this chapter will be subject to
property inspection by an authorized city inspector prior to
issuance to ensure compliance with all codes of the city.
3. The property inspection will occur at a time scheduled and approved
by both the applicant and the city inspector.
4. The applicant will be required to be present during the inspection.
5. All structures, equipment, and apparatus shall comply with all
building and fire codes currently adopted by the State of Oklahoma
and the City of Moore.
6. A medical marijuana business license application shall be filled out
and signed by the property and business owner and submitted to the
city clerk prior to scheduling an inspection.
7. A nonrefundable license fee, as established by this chapter, shall
be paid at the time the application is submitted.
8. The license fee shall be set according to and used to offset
municipal expenses covering costs related to licensing, inspection,
administration, and enforcement of this article.
9. License holder shall remit all required state and city sales tax.
10. It is the intent of the City of Moore that nothing in the medical
marijuana ordinance be construed to:
1. Allow persons to engage in conduct that endangers the health,
safety, or welfare of the citizens of the City of Moore, or
causes a public nuisance;
2. Allow the use of marijuana for non-medical purposes; or
3. Allow any activity that is otherwise illegal and not permitted
by state law.
11. Additional regulations:
1. Smoking and vaping marijuana shall be prohibited on all city
property including vehicles, buildings, and parks as well as
other property defined in Title 63 O.S. Section 1-1521 et seq.
to be cited as the \"Smoking in Public Places and Indoor
Workplace Act.\"
2. Revocation or suspension of municipal issued marijuana license:
1. The city manager or designee shall revoke or suspend a
license issued under this section on any of the following
grounds:
1. The license was procured by fraudulent conduct or false
statement of a material fact or a fact concerning the
applicant was not disclosed at the time of the
application, and such fact would have constituted just
cause for refusal to issue the license;
2. Violation of any city ordinance, state law, or
department of health regulations governing medical
marijuana;
3. Or any acts deemed to be a public nuisance.
2. Prior to suspension or revocation, the permittee shall be
given notice of the proposed action to be taken and shall
have an opportunity to be heard before the city manager. If
an employee has been designated by the city manager, such
employee shall make a report to the city manager together
with a recommendation as to whether the license should be
suspended or revoked.
3. The operation of a commercial medical marijuana facility
without achieving and maintaining a current applicable
municipal issued medical marijuana business license shall be
punishable by a fine not exceeding \$500.00 and each day the
violation continues shall be deemed a separate offense.
3. Any person or entity applying for or issued a license by the
City of Moore shall comply with all state law and department of
health rules and regulations, as may be amended from time to
time.
4. Revocation of the state issued license shall result in immediate
revocation of the city issued license.
::: phx-docs
HISTORY\
*Adopted by Ord.
[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[Sec 8-1203 Medical Marijuana
Dispensary](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1203_Medical_Marijuana_Dispensary){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Medical marijuana dispensaries are hereby allowed within the municipal
boundaries of Moore, Oklahoma upon compliance of the above general
requirements, issuance of a retail medical marijuana dispensary business
license and the following additional provisions:
1. A medical marijuana dispensary shall only be located within one of
the following zoning districts:
1. C-2, Neighborhood Commercial District.
2. C-3, General Commercial District.
3. C-4, Planned Shopping Center District.
4. C-5, Automotive and Commercial Recreation District.
5. C-6, Central Business District.
6. I-1, Light Industrial District.
2. Medical marijuana dispensary business license shall not be granted
to any applicant where the proposed location would be located within
1,000 feet of any school entrance. The distance described shall be
computed by direct measurement in a straight line from the nearest
property line of the parcel of land on which the use described in
herein is located to the nearest entrance of the building or unit of
the school.
3. Conditions of operation:
1. The retail establishment must maintain a valid sales tax permit
issued by the State of Oklahoma.
2. No on premises use of marijuana or its derivatives shall be
allowed.
3. Any violations of this section will result in the revocation of
the retail medical marijuana business license.
4. There shall be a business license fee and an annual renewal fee as
set forth in the city of Moore\'s fee schedule.
::: phx-docs
HISTORY\
*Adopted by Ord.
[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[Sec 8-1204 Commercial Medical Marijuana Growing
Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1204_Commercial_Medical_Marijuana_Growing_Facilities){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Commercial medical marijuana growing facilities are hereby allowed
within the municipal boundaries of Moore, Oklahoma upon compliance with
the general requirements above, issuance of a commercial medical
marijuana growing license and the following provisions:
1. Commercial medical marijuana growing facilities shall only be
located within one of the following zoning districts:
1. A-1, Rural Agriculture.
2. A-2, Suburban Agriculture.
3. I-1, Light Industrial.
4. I-2, Medium Industrial.
5. I-3, Heavy Industrial.
2. Conditions of operation:
1. The facility shall be a secure building with limited access. The
secure area must be locked at all times.
2. The growing area including any lighting, plumbing or electrical
components used shall comply with all building and fire codes
adopted by the State of Oklahoma and the City of Moore.
3. The buildings/area where marijuana is grown must be properly
ventilated so as to not create humidity, mold or other related
problems and must be equipped with ventilation/air filtration
systems so that no odors are detectible off premises.
3. There shall be a business license fee and an annual renewal fee as
set forth in the city of Moore\'s fee schedule.\
::: phx-docs
HISTORY\
*Adopted by Ord.
[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[Sec 8-1205 Commercial Medical Marijuana Processing
Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1205_Commercial_Medical_Marijuana_Processing_Facility){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Commercial medical marijuana processing facilities are hereby allowed
within the municipal boundaries of Moore, Oklahoma upon compliance with
the general requirements above, issuance of a commercial medical
marijuana processing license and the following provisions:
1. Commercial hazardous medical marijuana processing facilities shall
only be located within one of the following zoning districts:
1. A-1, Rural Agriculture.
2. A-2, Suburban Agriculture.
3. I-1 - Light Industrial.
4. I-2, Medium Industrial.
5. I-3, Heavy Industrial.
2. Commercial non-hazardous medical marijuana processing facilities may
be located within one of the following zoning districts in addition
to the zoning districts listed in Section 8-1205(A) allowable for
commercial hazardous medical marijuana processing facilities:\
1. C-2, Neighborhood Commercial District\
2. C-3, General Commercial District\
3. C-4, Planned Shopping Center District\
4. C-5, Automotive and Commercial Recreation District\
5. C-6, Central Business District\
3. Conditions of operation:
1. Hazardous Medical Marijuana Processing facilities:\
1. The facility shall be a secure building with limited access.
The secure area must be locked at all times.\
2. The processing area including any lighting, plumbing or
electrical components used shall comply with all building
and fire codes adopted by the State of Oklahoma and the City
of Moore.\
3. The buildings where medical marijuana is processed must be
properly ventilated so as to not create humidity, mold or
other related problems and must be equipped with
ventilation/air filtration systems so that no odors are
detectible off premises.\
2. Non-hazardous Medical Marijuana Processing Facilities:\
1. In the C-2 through C-6 zoning districts, non-hazardous
medical marijuana processing facilities shall be limited to
no more that 25% of the gross leasable floor area and shall
be clearly incidental to the retail use of the commercial
space.\
2. In the C-2 through C-6 zoning districts, non-hazardous
medical marijuana processing facilities shall be limited to
rolling cigarettes, baking or cooking, and packaging.\
3. The processing area including any lighting, plumbing or
electrical components used shall comply with all building
and fire codes adopted by the State of Oklahoma and the City
of Moore.\
4. A commercial kitchen meeting all building and fire codes is
required for non0hazardous medical marijuana processing that
involves baking or cooking.\
5. The buildings where medical marijuana is processed must be
properly ventilated so as to not create humidity, mold or
other related problems and must be equipped with
ventilation/air filtration systems so that no odors are
detectible off premises or outside of the lease space, as
applicable.\
4. There shall be a business license fee and an annual renewal fee as
set forth in the city of Moore\'s fee schedule.
::: phx-docs
HISTORY\
*Adopted by Ord.
[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
Amended by Ord.
[1020.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1677620270_1020.23.pdf){.k-link
target="_blank" style="color:#0000EE"} on 2/21/2023\
*
:::
::: phx-name
[Sec 8-1206 Medical Marijuana Testing Laboratory
Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1206_Medical_Marijuana_Testing_Laboratory_Facility){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Medical marijuana testing laboratory facilities are hereby allowed
within the municipal boundaries of Moore, Oklahoma upon compliance with
the general requirements above, issuance of a medical marijuana testing
laboratory license and the following additional requirements:
1. Medical marijuana testing laboratory facilities shall only be
located within one of the following zoning districts:
1. C-2, Neighborhood Commercial District.
2. C-3, General Commercial District.
3. C-4, Planned Shopping Center District.
4. C-5, Automotive and Commercial Recreation District.
5. C-6, Central Business District.
6. I-1, Light Industrial District.
2. Conditions of operation:
1. The facility shall be a secure building with limited access. The
secure area must be locked at all times.
2. The area shall comply with all building and fire codes adopted
by the State of Oklahoma and the City of Moore.
3. The buildings where medical marijuana is stored or tested must
be properly ventilated so as to not create humidity, mold or
other related problems and must be equipped with ventilation/air
filtration systems so that no odors are detectible off premises.
3. There shall be a business license fee and an annual renewal fee as
set forth in the city of Moore\'s fee schedule.
::: phx-docs
HISTORY\
*Adopted by Ord.
[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[Sec 8-1207 Medical Marijuana Research
Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1207_Medical_Marijuana_Research_Facility){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Medical marijuana research facilities are hereby allowed within the
municipal boundaries of Moore, Oklahoma upon compliance with the general
requirements above, issuance of a medical marijuana research license and
the following additional requirements:
1. Medical marijuana research facilities shall only be located within
one of the following zoning districts:
1. C-2, Neighborhood Commercial District.
2. C-3, General Commercial District.
3. C-4, Planned Shopping Center District.
4. C-5, Automotive and Commercial Recreation District.
5. C-6, Central Business District.
6. I-1, Light Industrial District.
2. Conditions of operation:
1. The facility shall be a secure building with limited access. The
secure area must be locked at all times.
2. The area shall comply with all building and fire codes adopted
by the State of Oklahoma and the City of Moore.
3. The buildings where medical marijuana is stored or where
research is being conducted must be properly ventilated so as to
not create humidity, mold or other related problems and must be
equipped with ventilation/air filtration systems so that no
odors are detectible off premises.
3. There shall be a business license fee and an annual renewal fee as
set forth in the city of Moore\'s fee schedule.
::: phx-name
[Sec 8-1208 Medical Marijuana Education
Facility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1208_Medical_Marijuana_Education_Facility){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Medical marijuana education facilities are hereby allowed within the
municipal boundaries of Moore, Oklahoma upon compliance with the general
requirements above, issuance of a medical marijuana education license
and the following additional requirements:
1. Medical marijuana education facilities shall only be located within
one of the following zoning districts:
1. A-1, Rural Agriculture.
2. A-2, Suburban Agriculture.
3. I-1, Light Industrial.
4. I-2, Medium Industrial.
5. I-3, Heavy Industrial.
2. Conditions of operation:
1. The facility shall be a secure building with limited access. The
secure area must be locked at all times.
2. The area shall comply with all building and fire codes adopted
by the State of Oklahoma and the City of Moore.
3. The buildings where medical marijuana is stored must be properly
ventilated so as to not create humidity, mold or other related
problems and must be equipped with ventilation/air filtration
systems so that no odors are detectible off premises.
3. There shall be a business license fee and an annual renewal fee as
set forth in the city of Moore\'s fee schedule.
::: phx-docs
HISTORY\
*Adopted by Ord.
[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[Sec 8-1209 Medical Marijuana Growing For Personal
Use](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1209_Medical_Marijuana_Growing_For_Personal_Use){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Medical marijuana growing for personal use is hereby allowed within the
municipal boundaries of Moore, Oklahoma upon compliance with the general
requirements above and the following additional provisions:
1. All medical marijuana grown by medical marijuana patient license
holders or caregivers may only be grown on real property owned by
the patient license holder/caregiver or on real property for which
the patient license holder/caregiver has the property owner\'s
written permission to grow marijuana on the property.
2. All medical marijuana plants grown by a patient or caregiver shall
be grown so that the marijuana is not accessible to a member of the
general public. No marijuana plants shall be visible from any street
adjacent to the property. For purposes of this section, \"visible\"
means viewable by a normal person with 20/20 eyesight without the
use of any device to assist in improving viewing distance or vantage
point.
3. It is expressly prohibited to operate extraction equipment or
utilize extraction processes if the equipment or process utilizes
butane, propane, carbon dioxide or any other potentially hazardous
material in a residential property.
4. Growing medical marijuana shall not be conducted in a manner that
constitutes a public nuisance. A public nuisance may be deemed to
exist if growing marijuana produces light, glare, heat, noise, odor
or vibration that is detrimental to public health, safety or welfare
or interferes with the reasonable enjoyment of life and property.
5. The primary use of the residential property in which medical
marijuana is grown shall remain at all times a residence, with legal
and functioning cooking, eating, sleeping, and sanitation/bathing
facilities with proper ingress and egress. No room shall be used for
growing marijuana where such cultivation will impair or prevent the
primary uses of cooking, eating, sleeping or sanitation/bathing.
::: phx-docs
HISTORY\
*Adopted by Ord.
[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[Sec 8-1210 Legal Non-Conforming
Clause](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1210_Legal_Non-Conforming_Clause){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any commercial medical marijuana business that has filed for a
certificate of occupancy by January 1, 2020 and is in possession of
a state issued medical marijuana license indicating the business
activity being performed, yet is not zoned in compliance with the
zoning restrictions contained in this chapter, will be allowed as
legal nonconforming for purposes of the state required certificate
of compliance.
2. If the entity is not in possession of an appropriate state issued
medical marijuana license at the time of the filing of the
certificate of occupancy by the January 1, 2020 deadline, and is not
zoned in compliance with the zoning restrictions contained in this
chapter, the proposed activity will be allowed as legal
non-conforming for purposes of the state-required certificate of
compliance. The legal non-conforming status indicated on the
certificate of compliance is subject to the entity providing an
appropriate State of Oklahoma issued commercial medical marijuana
license issued to that entity at the address indicated on the
certificate of occupancy by June 1, 2020. If the entity has applied
for and has been issued a commercial remodel permit between the
dates of December 2, 2019 and June 1, 2020, the legal non-conforming
status of the entity is subject to the entity obtaining all the
needed signatures of the city by September 15, 2020 that is required
by the state\'s certificate of compliance in order for that entity
to obtain the State of Oklahoma issued medical marijuana license.\
Once in possession of the state-issued medical marijuana license,
legal nonconforming status may continue so long as the use remains
otherwise lawful, subject to the following provisions:
1. No such legal nonconforming use shall be moved in whole or in
part to any other portion of the lot or parcel occupied after
January 1, 2020.
2. No such legal nonconforming use shall be enlarged or increased
or extended to occupy a greater area of land than was occupied
as of January 1, 2020.
3. If the legal nonconforming use ceases for any reason for a
period of more than 30 days, any subsequent use of land shall
conform to the zoning regulations contained in this section.
::: phx-docs
HISTORY\
*Adopted by Ord.
[925(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288159_Ordinance%20925(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
Amended by Ord.
[947(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601350432_947%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 7/6/2020\
*
:::
::: phx-name
[CHAPTER 8-13 MULTI-FAMILY
CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_8-13_MULTI-FAMILY_CODE){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 8-1301 Adoption Of 2015 International Property Maintenance
Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1301_Adoption_Of_2015_International_Property_Maintenance_Code){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1302 Amendments To Multi-Family
Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1302_Amendments_To_Multi-Family_Code){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 8-1303
Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1303_Notice){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 8-1301 Adoption Of 2015 International Property Maintenance
Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1301_Adoption_Of_2015_International_Property_Maintenance_Code){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby adopted that certain code known as, the 2015
International Property Maintenance Code, as the property maintenance
code of the city for the control of multi-family dwelling structures
containing three or more units, three or more stories in height,
referred to herein as \"the multi-family code.\" Each and all of the
regulations, provisions, penalties, conditions and terms of the
multi-family code are hereby referred to, adopted and made a part hereof
as if fully set out in this Code, with the additions, insertions,
deletions and changes as prescribed herein. Not less than one copy of
this code is on file in the office of the clerk.
::: phx-docs
HISTORY\
*Adopted by Ord.
[919(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2019\
*
:::
::: phx-name
[Sec 8-1302 Amendments To Multi-Family
Code](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1302_Amendments_To_Multi-Family_Code){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following additions, amendments or deletions are made to the
building code adopted herein:
Section 101.1- Insert: City of Moore
Section 101.2- Delete existing language in this section and replace with
the following:
The provisions of this code shall apply to all new and existing
residential multi-family structures containing three or more dwelling
units, three stories or more in height and constitute minimum
requirements and standards for premises, structures, equipment, and
facilities for light, ventilation, space, heating, sanitation,
protections from the elements, a reasonable level of safety from fire
and other hazards, and for a reasonable level of sanitary maintenance;
the responsibility of the owners, an owner\'s authorized agent,
operators and occupants; the occupancy of existing structures and
premises, and for administration, enforcement and penalties. Nothing in
this code shall be seen as a lessening of the requirements of the Moore
Municipal Code and all properties under the jurisdiction of this code
shall be required to uphold all of the provisions set out in the Moore
Municipal Code in addition to the provisions found in this code.
Section 102.1 General: Insert the following after the last sentence:
Where this code and the municipal code of the City of Moore conflict, it
shall be to the determination of the Community Development Director or
their designee to determine the resolution to the conflicting sections.
Section 103.1- Delete \"department of property maintenance inspection\"
and insert \"Code Enforcement Department\"
Section 103.5- Insert: Fee Schedule of the City of Moore as shall be
amended from time to time.
Section 104.2- Amended to read as follows:
The code official shall make any inspection deemed necessary by the
Community Development Director or their designee.
Section 106.3- Delete \"of a misdemeanor or civil infraction as
determined by the local municipality, and the violation shall be
determined a strict liability offense.\" Insert \"of an offense.\"
Section 106.4 Violation Penalty: Insert the following after the last
sentence:
Any person, firm or corporation, who shall violate any provision of this
code upon conviction thereof shall be guilty of an offense and be
subject to a fine in an amount as provided in Section 1-108 of the Moore
Municipal Code.
Section 107.1- Amended to read as follows:
Whenever the code official determines that a there has been a violation
of this code or has grounds to believe that a violation has occurred,
notice shall be given in accordance with state law and the Moore City
Code.
Section 107.2- Delete entire section
Section 107.3- Delete entire section
Section 107.5- Delete entire section
Section 107.6- Delete entire section
Section 108.1- Amended to read as follows:
When a structure is found by the code official to be unsafe or unfit for
human occupancy or otherwise dilapidated as defined by state law, such
structure shall be declared dilapidated in accordance with Part 8,
Chapter 3 of the Moore City Code, and the provisions of that chapter
shall apply.
Sections 108.1.1 through 108.7- Delete entire section
Section 110- Delete entire section
Section 111.1- Amended to read as follows:
Any owner or operator of a building affected by the decision of the code
official shall have the right to appeal to City Council, provided that
the application is made in writing and is filed with the City Clerk
within twenty (20) days of the decision or notice. An application for
appeal shall be based on a claim that the true intent of this code has
been incorrectly applied, or the code is not applicable.
Sections 111.2 through 111.6.2- Delete entire section
Section 112.4- Amended to read as follows:
Any person(s) of firm(s) who shall continue any work after having been
served with a stop work order, except such work as that person(s) or
firm(s) has been directed to perform to remove a violation or unsafe
condition, shall be guilty of an offense and upon conviction shall be
punished in accordance with Section 1-108 of the Moore City Code. Each
violation of said stop work order shall be considered a separate
offense.
Section 302.4- Amended to read as follows:
Premises and exterior property shall be maintained free from weeds or
plant growth in accordance with Part 8 of the Moore City Code.
Section 302.5- Amended to read as follows:
Premises and exterior property shall be kept free from rodent harborage
and infestation in accordance with Part 8 of the Moore City Code.
Section 302.8- Amended to read as follows:
*Inoperative or unlicensed vehicles shall be in accordance with Part 8
of the Moore City Code*.
Section 304.3- Delete \"4 inches\" Insert \"3 inches\"
Section 304.14- Insert:
March 15 to November 15
Section 309.3 Single Occupant: Delete existing language and replace with
the following:
Reserved
Section 402.2- Amended to read as follows:
Every common hall and stairway shall be lighted at all times with not
less than the equivalent of a 60-watt standard bulb for each 200 square
feet of floor area, provided the spacing between light sources does not
exceed 30 feet.
Section 404.4.1 Room Area. Delete existing language and replace with the
following:
Every living room shall contain not less than 120 square feet and every
bedroom shall contain not less than 70 square feet.
Section 404.5 Overcrowding: Delete sections 404.5, 404.5.1 and 404.5.2
and replace with the following:
Reserved
Section 502.2 through 502.3- Delete entire section
Section 503.2- Delete entire section
Section 506.1- Delete: \"an approved private sewage disposal system\"
Section 506.3- Add the following language to the end of the section:
Grease interceptors shall be maintained in accordance with the Moore
Municipal Code
Section 602.3- Amended to read as follows:
Every owner or operator of any building covered by this code, shall
supply heat to the occupants thereof to maintain a minimum temperature
of 68 degrees Fahrenheit in all habitable rooms, bathrooms, and toilet
rooms.
Section 602.4- Amended to read as follows:
Indoor occupiable work space shall be supplied with heat to maintain a
minimum temperature of 68 degrees Fahrenheit while the space is
occupied.
Exceptions
1. Processing, storage and operation areas that require cooling or
special temperature conditions.
2. Areas in which persons are primarily engaged in physical activities.
Section 604.3.1.1- Amend section by deleting Exceptions 1-4, 6-13, 15,
1-18.
::: phx-docs
HISTORY\
*Adopted by Ord.
[919(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2019\
*
:::
::: phx-name
[Sec 8-1303
Notice](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_8-1303_Notice){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Nothing in the multi-family code shall be construed to negate the
applicability of the Moore City Code to any and all structures subject
to the provisions of the multi-family code. All structures under the
regulations set out in the multi-family code shall also fall under the
other requirements as set out in the Moore City Code. In situations
where there is conflict, the more stringent code shall apply as
determined by the community development director or their designee.
::: phx-docs
HISTORY\
*Adopted by Ord.
[919(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288078_Ordinance%20919(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/7/2019\
*
:::
::: {.phx-name .phx-break}
[PART 9 LICENSE AND BUSINESS
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_9_LICENSE_AND_BUSINESS_REGULATIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[CHAPTER 9-1 GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-1_GENERAL_PROVISIONS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 9-2 UNIFORM CODE FOR EMERGENCY MEDICAL
SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-2_UNIFORM_CODE_FOR_EMERGENCY_MEDICAL_SERVICES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 9-3 BILLIARD AND POOL
HALLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-3_BILLIARD_AND_POOL_HALLS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 9-4 CHILD CARE
ESTABLISHMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-4_CHILD_CARE_ESTABLISHMENTS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 9-5 DANCE
HALLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-5_DANCE_HALLS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 9-6 GARAGE AND RESIDENTIAL SALES AND FLEA
MARKETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-6_GARAGE_AND_RESIDENTIAL_SALES_AND_FLEA_MARKETS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 9-7 ITINERANT VENDORS AND CHARITABLE
SOLICITATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-7_ITINERANT_VENDORS_AND_CHARITABLE_SOLICITATIONS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 9-8
PAWNBROKERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-8_PAWNBROKERS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 9-9 PRECIOUS METALS
DEALERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-9_PRECIOUS_METALS_DEALERS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 9-10 RECREATION CENTERS AND AMUSEMENT
DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-10_RECREATION_CENTERS_AND_AMUSEMENT_DEVICES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 9-11 WRECKERS AND TOWING
SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-11_WRECKERS_AND_TOWING_SERVICE){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 9-12 MASSAGE PARLORS AND HEALTH
SPAS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-12_MASSAGE_PARLORS_AND_HEALTH_SPAS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 9-13
PENALTIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-13_PENALTIES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 9-14 TATTOOING, BODY PIERCING AND MEDICAL
MICROPIGMENTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-14_TATTOOING,_BODY_PIERCING_AND_MEDICAL_MICROPIGMENTATION){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 9-15 HOME
OCCUPATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-15_HOME_OCCUPATIONS){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Licenses generally, 11 O.S. §§ 22-106,
22-107.\
::: phx-name
[CHAPTER 9-1 GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-1_GENERAL_PROVISIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-101 Licenses Conditioned On Compliance With Code
Provisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-101_Licenses_Conditioned_On_Compliance_With_Code_Provisions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-102 Issuance Conditioned Upon Approval, Fees, Inspection Or
Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-102_Issuance_Conditioned_Upon_Approval,_Fees,_Inspection_Or_Bond){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-103 Transfer
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-103_Transfer_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-104 Issuing Officer, Signatures, Corporate
Seal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-104_Issuing_Officer,_Signatures,_Corporate_Seal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-105 Free Licenses And Rebates; Partial
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-105_Free_Licenses_And_Rebates;_Partial_Fees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-106 Expiration
Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-106_Expiration_Date){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-107 Suspension Or
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-107_Suspension_Or_Revocation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-108 Licenses And Permits, Not To Be Construed As An
Endorsement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-108_Licenses_And_Permits,_Not_To_Be_Construed_As_An_Endorsement){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-109 Renewal Of Licenses, General
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-109_Renewal_Of_Licenses,_General_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-110 Processing Fee For All Licenses,
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-110_Processing_Fee_For_All_Licenses,_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-111 License Required,
Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-111_License_Required,_Purpose){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-112
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-112_Application){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-113
Posting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-113_Posting){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-114 Suspension Or Revocation Of Licenses Or Permits; Refusal To
Issue Licenses Or Permits; Notice And
Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-114_Suspension_Or_Revocation_Of_Licenses_Or_Permits;_Refusal_To_Issue_Licenses_Or_Permits;_Notice_And_Hearing){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-115 Weights And
Measures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-115_Weights_And_Measures){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-116
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-116_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Licenses generally, 11 O.S. §§ 22-106,
22-107.\
::: phx-name
[Sec 9-101 Licenses Conditioned On Compliance With Code
Provisions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-101_Licenses_Conditioned_On_Compliance_With_Code_Provisions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All permits and licenses issued under the provisions of this Code for or
to any person, business, activity, device or machine shall be
conditioned upon substantial compliance by the permittee or licensee
with all provisions of this Code for the regulation and maintenance of
the public order, welfare, peace, health and safety. In addition, the
permits and licenses shall be conditioned upon strict compliance with
the provisions of this Code relating specifically to the person,
business, activity, device or machine covered by the permit or license.
(Code 1999, § 9-101)
::: phx-name
[Sec 9-102 Issuance Conditioned Upon Approval, Fees, Inspection Or
Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-102_Issuance_Conditioned_Upon_Approval,_Fees,_Inspection_Or_Bond){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whenever in any section any permit or license issued by an officer,
agency or department is made contingent upon the approval of another
officer, agency or department, or contingent upon the payment of any
fee, or the making of any prior inspection or examination, or the
furnishing of any bond in connection therewith, the issuance of the
permit or license shall be withheld until the approval, inspection or
examination is had or the bond provided and until the fee has been paid
as required.
(Code 1999, § 9-102)
::: phx-name
[Sec 9-103 Transfer
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-103_Transfer_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No license or permit issued shall be transferable nor may any license or
permit be sold, assigned, or mortgaged, except as may be specifically
authorized by this Code. No person may attempt to do business under a
license or permit transferred to him.
(Code 1999, § 9-103)
::: phx-name
[Sec 9-104 Issuing Officer, Signatures, Corporate
Seal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-104_Issuing_Officer,_Signatures,_Corporate_Seal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The issuing officer or agency for any license or permit shall be as
prescribed in the section authorizing and commanding it, but no license
shall be valid until signed or stamped by the city clerk or his
designated agent.
(Code 1999, § 9-104)
::: phx-name
[Sec 9-105 Free Licenses And Rebates; Partial
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-105_Free_Licenses_And_Rebates;_Partial_Fees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No free licenses shall be granted, nor rebates allowed, except as
specifically set forth by this Code, nor any sum accepted less than the
amount specified, nor for a shorter period than required by this Code.
(Code 1999, § 9-105)
::: phx-name
[Sec 9-106 Expiration
Date](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-106_Expiration_Date){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All annual licenses issued shall expire on April 30 or on the date
specified in this Code or on the license.
2. Where the fee prescribed and paid for is for a period less than one
year, the license shall be issued only for such period and shall
expire at the end thereof.
3. All permits shall expire upon execution of the act or activity for
which the permit was issued, or at the expiration time noted on the
permit or in this Code, whichever occurs first.
(Code 1999, § 9-106)
::: phx-name
[Sec 9-107 Suspension Or
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-107_Suspension_Or_Revocation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any permit or license shall be subject to suspension or revocation for
failure to comply with the terms of this Code and as may otherwise be
provided by this Code.
(Code 1999, § 9-107)
::: phx-name
[Sec 9-108 Licenses And Permits, Not To Be Construed As An
Endorsement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-108_Licenses_And_Permits,_Not_To_Be_Construed_As_An_Endorsement){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No permit or license shall be construed or used in any manner or by any
person as an official endorsement by the city of the person, activity or
thing licensed or permitted.
(Code 1999, § 9-108)
::: phx-name
[Sec 9-109 Renewal Of Licenses, General
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-109_Renewal_Of_Licenses,_General_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
For all occupations, activities or businesses regulated in this Code, no
applicant for an initial or renewal license may engage in the activity,
occupation or business regulated without issuance of the license as
provided in this chapter unless otherwise provided herein. Renewal
applications and fees must be received by the city at least ten days
prior to the expiration of the license, except where otherwise provided
by this Code, or else the applicant must proceed in the manner required
of an applicant for a new or initial license.
(Code 1999, § 9-109
::: phx-name
[Sec 9-110 Processing Fee For All Licenses,
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-110_Processing_Fee_For_All_Licenses,_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All license and permit fees shall be paid in advance to the city prior
to the issuance of any license or permit. The fee, less the applicable
charge for processing the application for a permit or license, shall be
refunded to the applicant, upon demand, in case the license or permit
filed for is not granted. Except as provided otherwise in this Code, the
processing fee shall be as set by the city council by motion or
resolution.
(Code 1999, § 9-110)
::: phx-name
[Sec 9-111 License Required,
Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-111_License_Required,_Purpose){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to engage in, carry on, conduct, operate
or follow any of the trades, businesses, vocations, professions,
callings or activities set out in this Code, unless he has a current
license issued by the city clerk. Failure to maintain a current business
license issued by the city clerk may result in the revocation of the
certificate of occupancy issued on behalf of the business.
(Prior Code, § 6-16, in part; Code 1999, § 9-111)
::: phx-docs
HISTORY\
*Amended by Ord.
[1037.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1037.23.pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/16/2023\
*
:::
::: phx-name
[Sec 9-112
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-112_Application){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Application for a license required by this Code shall be filed with the
city clerk and shall contain such reasonable information as he may
require, in addition to any information specifically required by other
provisions of this chapter.
(Prior Code, § 6-17, in part; Code 1999, § 9-112)
::: phx-name
[Sec 9-113
Posting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-113_Posting){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Each license issued under this chapter shall be posted in a conspicuous
place where the business, vocation or calling is carried on, and the
holder of such license shall immediately show the same to any officer of
the city upon being requested so to do.
(Code 1999, § 9-113)
::: phx-name
[Sec 9-114 Suspension Or Revocation Of Licenses Or Permits; Refusal To
Issue Licenses Or Permits; Notice And
Hearing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-114_Suspension_Or_Revocation_Of_Licenses_Or_Permits;_Refusal_To_Issue_Licenses_Or_Permits;_Notice_And_Hearing){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The council or other authorized official may refuse to issue or
renew a license or permit, or the licenses or permits issued
pursuant to this Code, unless otherwise provided, may be suspended
or revoked by the council or such other authorized official,
department, board or agency, where applicable, after notice and
hearing for any of the following causes:
1. Any fraud, misrepresentations or false statements contained in
the application for permit or license;
2. Any fraud, misrepresentation or false statement made in
connection with the selling of goods, wares, merchandise and
services;
3. Conviction of the applicant, licensee or permittee of any crime
of misdemeanor involving moral turpitude or a violation of any
act of the state, or any law of the United States having a
reasonable relationship to the purpose and scope of the permit
or license; or
4. Conducting the activity under this Code or any ordinance of the
city in an unlawful manner or in such a manner as to constitute
a breach of the peace or to constitute a menace to the health,
safety, morals or general welfare of the public.
2. Notice of hearing for the suspension or revocation of a license or
permit shall be in writing given by the clerk, setting forth
specifically the grounds of the complaint and the time and place of
the hearing. Service of such notice shall be made by either personal
service or by certified mail, return receipt requested, to the
applicant, licensee or permittee at the last-known address, at least
five days prior to the date set for the hearing.
3. In case of refusal to issue a permit or license or the suspension or
revocation of a license or permit as herein provided, no portion of
the application, license or permit fee shall be returned to the
applicant, licensee or permittee unless otherwise provided in this
Code or any ordinance of the city.
4. Any suspension or revocation hereunder may be either in addition to
or instead of any penalty or fine as prescribed in this Code or any
ordinance of the city.
5. The order of the council or such other authorized official,
department, board or agency, where applicable, shall be the final
municipal action for the purpose of judicial review unless otherwise
specifically provided.
6. This section is in addition to any other procedures in this Code for
license suspension or revocation.
(Code 1999, § 9-114)
::: phx-name
[Sec 9-115 Weights And
Measures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-115_Weights_And_Measures){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to sell or offer for sale any food, fuel,
clothing or any other commodity which does not weigh or measure fully as
much, according to standard weights or measures of the state, as the
weight or measure for which it is sold or offered for sale.
(Code 1999, § 9-115)
::: phx-name
[Sec 9-116
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-116_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A violation of this chapter is punishable as provided in section 1-108.
(Code 1999, § 9-116)
::: phx-name
[CHAPTER 9-2 UNIFORM CODE FOR EMERGENCY MEDICAL
SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-2_UNIFORM_CODE_FOR_EMERGENCY_MEDICAL_SERVICES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-201
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-201_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-202 Medical
Director](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-202_Medical_Director){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-203 Mandatory Centralized Dispatch And Primary Service Answering
Point
(P.S.A.P.)](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-203_Mandatory_Centralized_Dispatch_And_Primary_Service_Answering_Point_(P.S.A.P.)){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-204 Mandatory EMS Data System And Reporting
Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-204_Mandatory_EMS_Data_System_And_Reporting_Standards){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-205 Insurance
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-205_Insurance_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-206 Ambulance
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-206_Ambulance_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-207 Response Time Performance
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-207_Response_Time_Performance_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-208 Prohibition Against Refusal To
Transport](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-208_Prohibition_Against_Refusal_To_Transport){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-209
Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-209_Violations){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-210
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-210_Penalties){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Oklahoma Emergency Response Systems
Development Act, 63 O.S. § 1-2501 et seq.\
::: phx-name
[Sec 9-201
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-201_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Ambulance* means any vehicle which is designed and equipped to
transport ill or injured persons in a reclining position, to or from
health care facilities.
*Base station physician* means a physician licensed to practice medicine
in the state, knowledgeable in the medical protocols, radio procedure,
and the general operating policies of the ambulance system, and a person
from whom the ambulance personnel may take medical direction by radio or
other remote communications device; and who shall be approved by the
medical director.
*Emergency medical personnel* means those persons certified or licensed
under state law to provide one or more emergency medical services.
*EMS* means emergency medical service.
*EMS control center* or *control center* means the single facility which
is the central communications center from which all ambulances operating
in the service area shall be dispatched and controlled, and which
receives all 911 emergency medical calls.
*EMT* or *emergency medical technician* and categories thereof shall
have the meaning and scope of practice ascribed by state law.
*First responder* means any person, fire department vehicle, law
enforcement vehicle, or non-transporting ambulance unit capable of
providing appropriate first responder service, under the first responder
program administered by the medical director.
*Helicopter rescue unit* means any rotary wing aircraft providing basic
or advanced life support and transportation of patients.
*Medical director* means the licensed physician serving as
administrative officer in carrying out the duties in section 9-202.
*Medical protocol* means any diagnosis-specific or problem-oriented
written statement of standard procedure, or algorithm, promulgated by
the medical director as the medically appropriate standard of
pre-hospital care for a given clinical condition.
*Mutual aid agreement* means a written agreement between one or more
providers of emergency services, whereby the signing parties agree to
lend emergency aid to one another subject to conditions specified in the
agreement, and as approved by the medical director as to quality of care
and medical accountability.
*Patient* means an individual who is either sick, ill, wounded, helpless
or otherwise incapacitated, and who is in need of, or at risk of
needing, medical care or assessment during transport to or from a health
care facility, and who is reclining or should be transported in a
reclining position under the applicable medical protocols.
*Permit* means that document required to be obtained annually by each
provider of ambulance services under section 9-206.
*Person* means and includes any individual, firm, association,
partnership, corporation, or other group or combination acting as a
unit.
*Primary provider* means a public or private ambulance service
organization which has been designated by one or more governmental
entities to provide emergency ambulance coverage throughout a defined
geographic area.
*Priority*.
*Code three* means an emergent type of call. This call is made with the
use of emergency lights and sirens. An emergency call is defined as any
request for ambulance services suspected of being life or limb
threatening in nature and requiring the immediate response of an
ambulance provider.
*Code one* means the non-emergent type of call. This call is made
without the use of emergency lights and siren. A non-emergent call is
defined as any request for routine transport that is either medically
urgent or scheduled in advance and non-life or -limb threatening in
nature.
*Provider* means any ambulance operation granted a permit by this
jurisdiction to provide ambulance service in the service area.
*Response time standards*. The response time for all emergency calls
will be eight minutes or less, with a reliability of 90 percent or
better, calculated, maintained and reported on a monthly basis. All
non-emergent medically urgent calls shall be services within one hour of
receipt. All scheduled transfers shall be serviced within one hour of
the scheduled time.
*Service area* means that primary service area which is contained within
the boundaries of the municipalities which have adopted and agreed to
enforce this uniform ambulance code.
*System standard of care* means the written body of standards and
policies governing clinical aspects of the EMS system. As used in this
context, \"system standard of care\" is a comprehensive term including:
1. Input standards (e.g., personnel certification requirements,
in-service training requirements, equipment specifications, on-board
inventory requirements, and other requirements which the system must
fulfill before receipt of a request for service);
2. Performance standards (e.g., priority dispatching protocols and
pre-arrival instructions, medical protocols, standing orders,
response time standards, and other performance specifications
describing how the system should behave upon receipt of a request
for service); and
3. Outcome standards (e.g., results the system intends to achieve by
meeting its input and performance standards).
*System status plan* means the dispatching plan and protocols which
determine how many ambulances will be available for dispatch, protocols
for event-driven deployment and redeployment of those ambulances.
(Code 1999, § 9-201; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992;
Ord. No. 144(96), 2-5-1996)
::: phx-name
[Sec 9-202 Medical
Director](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-202_Medical_Director){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The medical director shall:
1. Promulgate a system standard of care to include medical
protocols designed to achieve a state-of-the-art medical quality
of emergency medical care within the service area;
2. Prescribe EMS data system and reporting standard by rule or
regulation;
3. Prescribe and administer written and practical tests and
criteria for the certification and licensing of emergency
medical personnel and ambulance vehicles;
4. Prescribe and administer a first responder and an emergency
medical technician/defibrillator (EMT/D) program.
2. The salary of the medical director shall be borne pro rata by
providers.
3. The medical director shall be provided by the primary ambulance
provider with the approval of the city council.
(Code 1999, § 9-202; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992;
Ord. No. 144(96), 2-5-1996)
::: phx-name
[Sec 9-203 Mandatory Centralized Dispatch And Primary Service Answering
Point
(P.S.A.P.)](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-203_Mandatory_Centralized_Dispatch_And_Primary_Service_Answering_Point_(P.S.A.P.)){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All providers rendering emergency service under this chapter shall
be dispatched and controlled through the city P.S.A.P. It is
unlawful for any provider to publish or advertise any telephone
number for the purposes of receiving request for emergency ambulance
service except the emergency number (911) of the P.S.A.P. Request
for ambulance service received at the city P.S.A.P. will be
transferred to the Midwest City Emergency Operations Center.
2. The P.S.A.P. shall at all times have the authority to direct the
positioning, movements and run response of all ambulance units of
all providers at all times. The city P.S.A.P. will be notified
anytime there is not an ambulance available in the city limits.
Location and status of next available unit will also be reported to
the P.S.A.P. at this time.
(Code 1999, § 9-203; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992;
Ord. No. 144(96), 2-5-1996)
::: phx-name
[Sec 9-204 Mandatory EMS Data System And Reporting
Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-204_Mandatory_EMS_Data_System_And_Reporting_Standards){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. As a condition of maintaining its permit in good standing, each
provider shall comply with EMS data system and reporting standards
as prescribed by the medical director.
2. Failure to comply with data system and reporting requirements, or to
keep the P.S.A.P. completely informed concerning the location and
status of all units at all times, or failure to carry out P.S.A.P.
directives shall constitute grounds for immediate suspension or
revocation of the provider\'s permit.
(Code 1999, § 9-204; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992;
Ord. No. 144(96), 2-5-1996)
::: phx-name
[Sec 9-205 Insurance
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-205_Insurance_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Each provider shall keep in full force and effect a policy of public
liability and property damage insurance, issued by a casualty
insurance company authorized to do business in the state, with
coverage provisions insuring the public from any loss or damage that
may arise to any person or property by reason of the operation of
the provider\'s ambulance, and providing that amount of recovery
shall be in limits of not less than the following sums:
1. For the damages arising out of bodily injury to or death of one
person in any one accident, not less than \$1,000,000.00;
2. For damages arising out of bodily injury to or death of two or
more persons in any one accident, not less than \$1,000,000.00;
and
3. For any injury to or destruction of property in any one
accident, not less than \$1,000,000.00.
2. Each provider shall keep in full force and effect a general
comprehensive liability and professional liability policy issued by
a casualty insurance company authorized to do business in the state,
with coverage provisions insuring the public from any loss or damage
that may arise to any person or property by reason of the actions of
the provider or any of his employees, and providing that the amount
of recovery shall be in limits of not less than \$3,000,000.00.
3. Each provider shall furnish, prior to issuance of its license, an
original and duplicate certificates of insurance which shall
indicate the types of insurance, the amount of insurance and the
expiration dates of all policies carried by the provider. Each
certificate of insurance shall name the city as an additional named
insured, and shall contain a statement by the insurer issuing the
certificate that the policies of insurance listed thereon will not
be canceled or materially altered by the insurer absent 30 days\'
written notice received by the city.
4. Cancellation or material alteration of a required insurance policy
or coverage shall automatically revoke the provider\'s permit, and
the provider shall thereupon cease and desist from further ambulance
service operations.
(Code 1999, § 9-205; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992;
Ord. No. 144(96), 2-5-1996)
::: phx-name
[Sec 9-206 Ambulance
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-206_Ambulance_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person may provide ambulance service on an emergency or routing
transfer basis or transport or treat patients in an ambulance,
within this jurisdiction, without first obtaining a permit issued
pursuant to the provisions of this section, except for those uses
exempted below.
2. No permit shall be issued or continued in operation unless the
holder thereof has paid an annual fee in the amount previously
established by ordinance or resolution for the right to engage in
the ambulance business, and the amount established by ordinance or
resolution each year for each vehicle being a vehicle permit
authorized under ordinances.
3. No permit shall be assignable or transferable by the person to whom
issued except as herein provided.
4. No transfer or assignment of existing permits shall be effective
absent the assent and approval of the city.
5. Any transfer of shares of stock or interest of any person or
provider so as to cause a change in the directors, officers,
shareholders, or managers of such persons or provider shall be
deemed a transfer or assignment, subject to these provisions.
6. The issuance of any permit by the city shall be made only to a
provider holding a valid state permit and such permit shall be
conditioned upon written submission of an approval by the medical
director of the following items:
1. Proforma system status plan, which shall show assumed response
time reliability based thereon;
2. Proforma medical quality assurance plan, which shall describe
the applicant\'s medical quality assurance plan, and which shall
demonstrate the applicant\'s ability to deliver medical care
meeting the system standard of care, as promulgated by the
medical director;
3. Proforma staffing plan, providing for staffing at not less than
the EMT/paramedic level in accordance with state statutes;
4. Proforma equipment plan, which will show compliance with the
state department of health requirements for paramedic life
support service unit equipment and drugs. All drugs carried
shall be described in the patient care protocols and approved
for use by the medical director. In addition to the described
equipment and drugs, all units shall have the following
diagnostic equipment:
1. Non-invasive cardiac pacemaker;
2. Portable ventilator and demand valve;
3. Pulse oximetry;
4. Electronic intravenous infusion control device;
5. Electronic blood flow detection device (Doppler);
6. Method for blood glucose determination;
5. Evidence of insurance, as required in section 9-205.
7. Upon approval by the medical control board of the applicant\'s
submission, the applicant shall receive a probationary permit. Such
probationary permit shall allow the applicant to provide, from the
effective date of the probationary permit, ambulance service within
this jurisdiction.
8. Each provider shall comply with its proforma system status plan and
its proforma medical quality assurance plan from the effective date
of its probationary permit.
9. During the six months of the provider\'s probationary permit, the
provider\'s response times and clinical quality of care shall be
carefully evaluated. If the provider\'s performance is consistently
and substantially within the proforma plans, and in compliance with
the terms of this chapter, such probationary permit shall become a
valid permit, renewable annually upon continual compliance with this
chapter.
10. Thereafter, chronic failure to comply with response time standards
or clinical quality of care shall be grounds to revoke the
provider\'s permit.
11. If any provider\'s permit is suspended three times within any
three-year period for failure to make required payments, such permit
shall be automatically revoked, upon the third event.
12. The Midwest City Regional Hospital Ambulance Service is hereby
granted a temporary permit which shall expire September 19, 1996,
and be issued annually as a regular permit unless terminated by
either the city or Midwest City Regional Hospital Ambulance Service
upon 60 days\' written notice of termination to the other party.
(Code 1999, § 9-206; Ord. No. 20(92), 4-6-1992; Ord. No. 144(96),
2-5-1996)
::: phx-name
[Sec 9-207 Response Time Performance
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-207_Response_Time_Performance_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every provider, as a condition of maintaining its permit, shall employ
sufficient personnel, acquire sufficient equipment, and manage its
resources as necessary to achieve the response time standards on all
emergency calls or requests for routine transport origination within the
city limits, received by, or referred to the provider as established in
section 9-201. The provider shall prepare and submit a monthly report
showing compliance with section 9-201.
(Code 1999, § 9-207; Ord. No. 20(92), 4-6-1992; Ord. No. 144(96),
2-5-1996)
::: phx-name
[Sec 9-208 Prohibition Against Refusal To
Transport](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-208_Prohibition_Against_Refusal_To_Transport){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is a violation of this chapter for any provider to fail to respond to
a call or to transport or to render emergency first aid treatment, as is
necessary, or to otherwise refuse or fail to provide any ambulance
services originating within the service area because of the patient\'s
perceived, demonstrated or stated inability to pay for such services, or
because of the location of the patient within the service area or
because of the unavailable status of any ambulance unit at the time of
the request. Chronic violation of this provision shall be grounds to
revoke a provider\'s permit.
(Code 1999, § 9-208; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992;
Ord. No. 144(96), 2-5-1996)
::: phx-name
[Sec 9-209
Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-209_Violations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful:
1. To perform duties as an ambulance driver or attendant without a
current state EMT license;
2. To permit a person to work as an ambulance driver or attendant
without a current state EMT license;
3. To use, or cause to be used, any ambulance provider other than a
provider holding a valid permit, except those services described
in subsection (B) of this section;
4. For any persons, firm or organization to provide ambulance
service within this jurisdiction other than a provider which is
a holder of a valid permit;
5. To knowingly give false information to induce the dispatch of an
ambulance or helicopter rescue unit.
2. It shall be a defense to an alleged violation that the vehicle or
ambulance is:
1. A privately-owned vehicle not ordinarily used in the business of
transporting patients who are sick, injured, wounded,
incapacitated or helpless;
2. A vehicle rendering services as an ambulance in the event of a
major catastrophe or emergency when ambulances with permits
based in the locality of the catastrophe or emergency are
incapacitated or insufficient in number to render the services
needed;
3. An ambulance owned or operated by the federal or state
government;
4. An ambulance transporting a patient to a location within this
jurisdiction, which transport originated from a point outside
the service area;
5. An ambulance responding to a call pursuant to a mutual aid
agreement with a licensed provider;
6. An ambulance owned and operated by a hospital and used
exclusively for specialized mobile intensive care or for
inter-institutional transfers of admitted patients of the owner
hospital, provided the ambulance or helicopter rescue unit has a
valid special use permit issued by the medical director on a
need and necessity basis;
7. A vehicle transporting a patient from a medical facility or
nursing home which is located within the service area to any
jurisdiction outside the service area, if the receiving
jurisdiction allows any ambulance service permitted hereunder to
lawfully transport patients from medical facilities or nursing
homes located within the receiving jurisdiction to a destination
within the service area. Also, a vehicle transporting a patient
to or from a medical facility or nursing home located within the
service area to or from any unincorporated or unregulated area.
(Code 1999, § 9-209; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992;
Ord. No. 144(96), 2-5-1996)
::: phx-name
[Sec 9-210
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-210_Penalties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any person convicted of violating any of the provisions of this
chapter shall be punished as provided in section 1-108. This penalty
does not serve to limit any other remedies available to this
jurisdiction in law or equity.
2. Each day that any violation of the provisions of this chapter is
committed or permitted to continue shall constitute a separate
offense.
(Code 1999, § 9-217; Ord. No. 503, 1-15-1990; Ord. No. 20(92), 4-6-1992;
Ord. No. 144(96), 2-5-1996)
::: phx-name
[CHAPTER 9-3 BILLIARD AND POOL
HALLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-3_BILLIARD_AND_POOL_HALLS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 9-301
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-301_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-302 License
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-302_License_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-303 Alcoholic Beverages; Intoxicated
Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-303_Alcoholic_Beverages;_Intoxicated_Persons){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-304 Permitted Hours Of
Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-304_Permitted_Hours_Of_Operation){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-301
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-301_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Billiard hall* or *pool hall* means a business establishment where a
charge is made for the playing of pool or billiards for profit by the
operators thereof.
(Prior Code, § 6-56, in part; Code 1999, § 9-301)
::: phx-name
[Sec 9-302 License
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-302_License_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A license fee per table shall be paid annually to the city clerk for a
billiard emporium license expiring April 30 of each year.
(Prior Code, § 6-57; Code 1999, § 9-302)
::: phx-name
[Sec 9-303 Alcoholic Beverages; Intoxicated
Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-303_Alcoholic_Beverages;_Intoxicated_Persons){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Alcoholic beverage or low-point beer may be consumed or sold on the
premises of a pool or billiard hall.
2. Intoxicated persons shall not be permitted to remain on the
premises.
(Code 1999, § 9-303)
::: phx-name
[Sec 9-304 Permitted Hours Of
Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-304_Permitted_Hours_Of_Operation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A billiard hall may be open during the following hours only:
1. 6:00 a.m. until 12:00 midnight Monday through Thursday;
2. 6:00 a.m. until 2:00 a.m. Friday and Saturday; and
3. 12:00 noon until 5:00 p.m. Sunday.
(Prior Code, § 6-59; Code 1999, § 9-304)
::: phx-name
[CHAPTER 9-4 CHILD CARE
ESTABLISHMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-4_CHILD_CARE_ESTABLISHMENTS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-401
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-401_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-402
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-402_Exceptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-403 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-403_License_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-404 Operation In Residential Structure Other Than Residence Of
Owner Or Operator
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-404_Operation_In_Residential_Structure_Other_Than_Residence_Of_Owner_Or_Operator_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-405 Zoning
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-405_Zoning_Restrictions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-406
Inspections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-406_Inspections){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-407 Nonconforming
Continuation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-407_Nonconforming_Continuation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-408
Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-408_Enforcement){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-409 Penalty For Violation Of
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-409_Penalty_For_Violation_Of_Chapter){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- State licensing of child care facilities, 10
O.S. § 401 et seq.\
::: phx-name
[Sec 9-401
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-401_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Day care center* means any place, home or institution which receives
eight or more children under the age of 16 years, who are not of common
parentage, for care apart from their parents, legal guardians or
custodians, when such care is received for regular periods of time for
compensation.
*Family day care* *home* means any place, home or institution which
receives seven or less children under the age of 16 years, who are not
of common parentage, for care apart from their parents, legal guardians
or custodians, when such care is received for regular periods of time
for compensation.
(Prior Code, § 6-96; Code 1999, § 9-401; Ord. No. 35(92), 9-21-1992)
::: phx-name
[Sec 9-402
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-402_Exceptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Places, homes or institutions excepted from the definitions of a day
care center or family day care home are:
1. Those public and private schools organized, operated or approved
under the laws of the state and regulated by the state department of
education;
2. Those where custody of the children has been fixed by a court of
competent jurisdiction;
3. Those where children are related by blood or marriage within the
third degree of the custodial person; and
4. Those public or private institutions caring for children while the
parents, legal guardians or custodians are attending services,
meetings, classes, or otherwise engaging in that institution\'s
activities to the extent such care and custody does not exceed four
hours at any one time.
(Prior Code, § 6-96; Code 1999, § 9-402)
::: phx-name
[Sec 9-403 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-403_License_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No day care center may be operated in the city, regardless of zoning,
without having the license of approval of the state department of human
services, and operating such under their rules and regulations.
(Prior Code, § 6-97; Code 1999, § 9-403)
::: phx-name
[Sec 9-404 Operation In Residential Structure Other Than Residence Of
Owner Or Operator
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-404_Operation_In_Residential_Structure_Other_Than_Residence_Of_Owner_Or_Operator_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No day care center may be operated in the city in a residential
structure unless that structure is actually the place of residence for
the owner or operator of such child care facility.
(Prior Code, § 6-98; Code 1999, § 9-404)
::: phx-name
[Sec 9-405 Zoning
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-405_Zoning_Restrictions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any day care center can only be operated in accordance with the city
zoning regulations.
(Prior Code, § 6-99; Code 1999, § 9-405)
::: phx-name
[Sec 9-406
Inspections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-406_Inspections){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any day care center shall be open to the inspection of the director of
the health department, fire marshal and officials of the department of
human services, or their designated representatives, so long as such
inspections are made during reasonable hours of the establishment\'s
operations.
(Prior Code, § 6-100; Code 1999, § 9-406)
::: phx-name
[Sec 9-407 Nonconforming
Continuation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-407_Nonconforming_Continuation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any licensed day care center or child care establishment in lawful
operation on February 2, 1983, may continue in operation.
(Prior Code, § 6-101; Code 1999, § 9-407)
::: phx-name
[Sec 9-408
Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-408_Enforcement){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Enforcement of this chapter shall be the responsibility of the code
enforcement officer for the city.
(Prior Code, § 6-102; Code 1999, § 9-408)
::: phx-name
[Sec 9-409 Penalty For Violation Of
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-409_Penalty_For_Violation_Of_Chapter){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person violating any of the foregoing provisions of this article
shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be punished as provided in section 1-108. Each day\'s violation
thereof shall be deemed a separate offense.
(Code 1999, § 9-409)
::: phx-name
[CHAPTER 9-5 DANCE
HALLS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-5_DANCE_HALLS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 9-501
Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-501_Definition){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-502 Permit
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-502_Permit_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-503 Issuance To Persons Holding Liquor Or Beer License
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-503_Issuance_To_Persons_Holding_Liquor_Or_Beer_License_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-504 Issuance For Locations Near Churches
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-504_Issuance_For_Locations_Near_Churches_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-505 Parking Prerequisite To
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-505_Parking_Prerequisite_To_Issuance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-506
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-506_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-507 Juvenile Discos,
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-507_Juvenile_Discos,_Permit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-508 Persons Under 16, Presence
Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-508_Persons_Under_16,_Presence_Restricted){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-509 Intoxicated Persons, Liquor
Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-509_Intoxicated_Persons,_Liquor_Violations){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-510 Time Of
Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-510_Time_Of_Operation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-511
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-511_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-501
Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-501_Definition){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Public dance hall* and *dance hall* mean and include places where the
general public is admitted, for a stipulated price, for the purpose of
dancing to music, recorded, reproduced, or otherwise provided by the
operator of the premises, for private gain or profit. The terms \"public
dance hall\" and \"dance hall\" shall not include private dances
conducted for recreational purposes and not for profit, by bona fide
lodges, posts, clubs, schools, fraternal, benevolent, or charitable
organizations; provided, however, that a juvenile disco shall not be
defined as a dance hall or public dance hall.
(Prior Code, § 6-66; Code 1999, § 9-501)
::: phx-name
[Sec 9-502 Permit
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-502_Permit_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is hereby declared to be unlawful for any person to operate any
public dance hall within the city limits without first having procured a
permit therefor as provided in this chapter.
(Prior Code, § 6-67; Code 1999, § 9-502)
::: phx-name
[Sec 9-503 Issuance To Persons Holding Liquor Or Beer License
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-503_Issuance_To_Persons_Holding_Liquor_Or_Beer_License_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Permits for public dance halls shall be issued by the city clerk and it
shall be unlawful for any person to procure from the clerk a permit, or
for the city clerk to issue a permit, to any person to operate or
maintain a dance hall in any building or room in the city limits who
holds a license or receipt issued by the United States or the state
authorizing the sale of alcoholic beverages or low-point beer or
covering any premises occupied or used by any person holding a license
or receipt issued for any such purpose.
(Prior Code, § 6-68; Code 1999, § 9-503)
::: phx-name
[Sec 9-504 Issuance For Locations Near Churches
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-504_Issuance_For_Locations_Near_Churches_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It shall be unlawful for any person to procure from the city clerk a
permit, or for the city clerk to issue a permit to any person to operate
or maintain a public dance hall in any building or room within the
corporate limits which is situated within 1,000 feet of any church, or
regular place of religious worship.
(Prior Code, § 6-69; Code 1999, § 9-504)
::: phx-name
[Sec 9-505 Parking Prerequisite To
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-505_Parking_Prerequisite_To_Issuance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Before any permit is issued to any person for the conduct of a public
dance hall, as defined in this chapter, the applicant for such license
shall exhibit to the city clerk the lease agreement or rental contract
covering the period of time for which such license is to be issued,
describing the premises leased or rented to the applicant, and revealing
the number of square feet of floor area normally used for dancing
purposes and the number of square feet leased or rented for parking
facilities. No permit shall be issued unless it shall affirmatively
appear to such clerk that the applicant can meet the city\'s off-street
parking requirements.
(Prior Code, § 6-70; Code 1999, § 9-505)
::: phx-name
[Sec 9-506
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-506_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Before a permit is issued to any person for the operation of a public
dance hall, he shall pay to the city clerk a permit fee per year for
each and every dance hall to be operated in the city. Such license shall
begin and end with the fiscal year and shall expire at 12:00 midnight
June 30 of each succeeding year and shall not be issued for less than
one year and the payment of the fee thereof. No permit issued by virtue
of the provisions of this chapter shall be assigned to any other person.
(Prior Code, § 6-71; Code 1999, § 9-506)
::: phx-name
[Sec 9-507 Juvenile Discos,
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-507_Juvenile_Discos,_Permit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful for any person to operate a juvenile disco within the
city limits without first having procured a permit therefor as
herein provided.
2. Before a permit is issued to any person for the operation of a
juvenile disco, the applicant shall pay to the city clerk a permit
fee per year for each and every juvenile disco to be operated in the
city. Such license or permit shall begin and end with the fiscal
year and shall expire at 12:00 midnight June 30 of each succeeding
year. No permit or license shall be assigned and such license shall
be revoked and canceled by the municipal judge upon conviction more
than once of a violation of the terms of this chapter.
3. The provisions of this chapter, except the age limitation of section
9-508, are applicable to, and are to be observed by, juvenile
discos. It shall be a violation to not comply with the terms
thereof.
4. Juvenile discos shall operate only on Friday from 6:00 p.m. to 12:00
midnight and on Saturday from 6:00 p.m. to 12:00 midnight.
(Code 1999, § 9-507)
::: phx-name
[Sec 9-508 Persons Under 16, Presence
Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-508_Persons_Under_16,_Presence_Restricted){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person operating a dance hall in the city, who
has been issued a permit as provided in this chapter, to permit any
person under the age of 16 years to resort to, be in or dance in such
place unless accompanied by a parent or guardian.
(Prior Code, § 6-73; Code 1999, § 9-508)
::: phx-name
[Sec 9-509 Intoxicated Persons, Liquor
Violations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-509_Intoxicated_Persons,_Liquor_Violations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person operating a dance hall in the city, who
has been issued a permit as provided in this chapter to:
1. Permit any intoxicated person to be in, or dance therein;
2. Permit any person to violate any of the laws known as prohibitory
liquor laws;
3. Permit any person to violate any state or federal or city law or
ordinance pertaining to the regulation, sale or disposition of
nonintoxicating beverages; and
4. Permit any person to bring on such premises operated as a dance hall
alcoholic beverages or low-point beer, or drink or consume alcoholic
beverages or low-point beer on or about such premises.
(Prior Code, § 6-74; Code 1999, § 9-509)
::: phx-name
[Sec 9-510 Time Of
Operation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-510_Time_Of_Operation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All persons operating dance halls within the corporate limits of the
city shall close their place of business at 12:00 midnight and shall not
reopen for business before 8:00 a.m., except Sundays, and on Sundays
such business shall be closed at 12:00 midnight Saturday and remain
closed until 8:00 a.m. on Monday following and shall not permit any
dancing of any kind during the hours herein specified as closing hours.
(Prior Code, § 6-75; Code 1999, § 9-510)
::: phx-name
[Sec 9-511
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-511_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any violation of this chapter is punishable as provided in section
1-108.
(Code 1999, § 9-511)
::: phx-name
[CHAPTER 9-6 GARAGE AND RESIDENTIAL SALES AND FLEA
MARKETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-6_GARAGE_AND_RESIDENTIAL_SALES_AND_FLEA_MARKETS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 9-6A RESIDENTIAL
SALES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6A_RESIDENTIAL_SALES){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 9-6B FLEA
MARKETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6B_FLEA_MARKETS){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 9-6A RESIDENTIAL
SALES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6A_RESIDENTIAL_SALES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-601
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-601_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-602 One License Required Per Location;
Eligibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-602_One_License_Required_Per_Location;_Eligibility){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-603
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-603_Application){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-604 Issuance; Term;
Investigation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-604_Issuance;_Term;_Investigation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-605
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-605_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-606 Revocation Or
Refusal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-606_Revocation_Or_Refusal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-607 Interval Between
Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-607_Interval_Between_Sales){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-608
Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-608_Signs){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-609 Display Of
Goods](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-609_Display_Of_Goods){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-610 Persons Exempt From
Article](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-610_Persons_Exempt_From_Article){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-611
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-611_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-601
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-601_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Residential sale* means any sale or what is held out to be or is
commonly known as a garage, porch, room, backyard, front yard or patio
sale or any other type of general sale conducted from or on any premises
not located in a zoning district which permits such sales, where goods
or articles of any type are held out for sale to the public. This
definition shall not include a situation where specific items are held
out for sale and all advertisement of such sale specifically names the
items to be sold.
(Prior Code, § 6-321; Code 1999, § 9-601)
::: phx-name
[Sec 9-602 One License Required Per Location;
Eligibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-602_One_License_Required_Per_Location;_Eligibility){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful for any person to hold, conduct, engage in or
participate in any manner in a residential sale without first having
obtained a license as provided for in this chapter.
2. The issuance of a license under the provisions of this chapter shall
not exempt such persons from the terms and provisions of other
ordinances or laws.
3. A separate license shall be required for each location at which a
residential sale is to be held.
4. No location shall be eligible for more than one license in any
three-month period unless there has been a change in the lawful
possession of such location.
5. In the event of rain or other seriously inclement weather
conditions, the applicant may return the garage sale license to the
city for a rain check. A rain check shall be used within the 21-day
period and following the dates initially scheduled for the garage
sale and only one rain check will be allowed within a three-month
period.
(Prior Code, § 6-322; Code 1999, § 9-602; Ord. No. 487(89), 6-5-1989;
Ord. No. 78(94), 3-7-1994)
::: phx-name
[Sec 9-603
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-603_Application){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
An applicant for a license shall furnish the city clerk with the
following information:
1. Full name and address of the applicant;
2. The location at which the proposed residential sale is to be held;
and
3. The dates upon which the sale is to be held.
(Prior Code, § 6-323; Code 1999, § 9-603; Ord. No. 78(94), 3-7-1994)
::: phx-name
[Sec 9-604 Issuance; Term;
Investigation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-604_Issuance;_Term;_Investigation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city clerk is hereby authorized to grant a license for a
residential sale for a period not to exceed three consecutive days
to any person applying who otherwise complies with the requirements
of this article and ordinances of the city.
2. If a residential sale is not held on the dates for which the license
is issued or is terminated during the first day of the sale because
of inclement weather conditions, and an affidavit by the license
holder to this effect is submitted, the city clerk may issue another
license to the applicant for a residential sale to be conducted at
the same location within 21 days from the date when the first sale
was to be held.
3. Before issuing a residential sale license, the city clerk may
conduct such investigation as may reasonably be necessary to
determine if there is compliance with this article or city
ordinances.
(Prior Code, § 6-325; Code 1999, § 9-604; Ord. No. 57(93), 7-6-1993;
Ord. No. 78(94), 3-7-1994)
::: phx-name
[Sec 9-605
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-605_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
For the purpose of helping to defray the cost of inspection and
enforcement of this article, there is hereby levied a fee for
residential sale licenses in the amount as set by the council by motion
or resolution.
(Code 1999, § 9-605; Ord. No. 487(89), 6-5-1989)
::: phx-name
[Sec 9-606 Revocation Or
Refusal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-606_Revocation_Or_Refusal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any license issued under this article may be revoked or any application
for issuance of a license may be refused by the city clerk if the
application submitted by the applicant or license holder contains any
false, fraudulent or misleading statement.
(Prior Code, § 6-326; Code 1999, § 9-606)
::: phx-name
[Sec 9-607 Interval Between
Sales](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-607_Interval_Between_Sales){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall hold, conduct or engage in or participate in any manner
or allow a residential sale to be held or conducted on premises under
his control or ownership more than one time in any three-month period,
subject, however, to the exceptions allowed in this article.
(Prior Code, § 6-327; Code 1999, § 9-607; Ord. No. 78(94), 3-7-1994)
::: phx-name
[Sec 9-608
Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-608_Signs){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Not more than five signs shall be used for the purpose of
advertising, or otherwise calling attention to, a residential sale
licensed under this article, and only signs as provided by the city,
upon issuance of the residential sale permit, shall be allowed. One
sign shall be located on the immediate premises where the sale is to
be conducted. The remaining four signs may be located off the
immediate premises where the sale is to be conducted. Such signs
shall only be erected in accordance with the instructions issued by
the city\'s building department.
2. All signs advertising the residential sale must be removed within 48
hours after the residential sale license has expired. Failure to
remove the signs within 48 hours will result in a fine as provided
in section 1-108.
(Code 1999, § 9-608; Ord. No. 487(89), 6-5-1989; Ord. No. 78(94),
3-7-1994)
::: phx-name
[Sec 9-609 Display Of
Goods](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-609_Display_Of_Goods){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The sale area of any residential sale shall be confined to the premises
for which the license has been issued.
(Code 1999, § 9-609; Ord. No. 487(89), 6-5-1989)
::: phx-name
[Sec 9-610 Persons Exempt From
Article](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-610_Persons_Exempt_From_Article){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions of this article shall not apply to or affect the
following persons:
1. Persons acting pursuant to an order or process of a court of
competent jurisdiction;
2. Persons acting in accordance with their powers and duties as public
officials; or
3. Duly licensed auctioneers selling at auction.
(Prior Code, § 6-330; Code 1999, § 9-610)
::: phx-name
[Sec 9-611
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-611_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person who violates this article shall be punished by fine as
provided in section 1-108.
(Code 1999, § 9-611)
::: phx-name
[ARTICLE 9-6B FLEA
MARKETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-6B_FLEA_MARKETS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-621
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-621_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-622 License Provisions, Requirements, And
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-622_License_Provisions,_Requirements,_And_Restrictions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-623 Unlawful
Transactions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-623_Unlawful_Transactions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-624 Sales Tax
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-624_Sales_Tax_Permit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-625 Zoning
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-625_Zoning_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-626 Site
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-626_Site_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-627 Water Supply
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-627_Water_Supply_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-628 Restroom And Sewage
Disposal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-628_Restroom_And_Sewage_Disposal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-629 Refuse
Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-629_Refuse_Control){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-630 Insect And Rodent
Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-630_Insect_And_Rodent_Control){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-631 Fire
Protection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-631_Fire_Protection){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-632 Public Address
Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-632_Public_Address_Systems){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-633 Sales After
Dark](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-633_Sales_After_Dark){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-634 Sales Of Animals, Outdoor Flea
Market](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-634_Sales_Of_Animals,_Outdoor_Flea_Market){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-635
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-635_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-621
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-621_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Flea market* means a market, indoors or out of doors, where new or used
items are sold from individual locations, with each location being
operated independently from the other locations. Items sold include, but
are not limited to, household items, antiques, rare items, decorations,
used books and used magazines.
*Flea market seller* means a person, firm or corporation selling items
or offering items for sale at a flea market.
*Market* means a place where goods are sold to the public.
(Code 1999, § 9-621; Ord. No. 46(93), 2-1-1993)
::: phx-name
[Sec 9-622 License Provisions, Requirements, And
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-622_License_Provisions,_Requirements,_And_Restrictions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person, firm or corporation shall operate the business of renting
space or allocating space to flea market sellers without first
obtaining a flea market operator\'s license therefor. Applications
for licenses shall be made to the city clerk on forms provided by
the city clerk. All flea market operator\'s license applications
shall be submitted to the city clerk and shall be subject to
background checks by the city police department and by the community
development director for site approval. Each license shall be for a
period of one year and no license issued pursuant to this section
shall be transferred or assigned to any other person or firm. The
fee for the license shall be that found in the schedule of fees and
charges.
2. Each flea market operator required by this article to obtain a
license shall keep accurate records of names, addresses, and
drivers\' license numbers, including state of issuance, for each
flea market seller, together with a brief description of the types
of merchandise offered for sale by that seller. These records shall
be provided to the city on at least a monthly basis.
3. No person, firm or corporation operating a secondhand store shall be
required to obtain a license under this article for the same
business location.
4. Any person, firm or corporation renting or allocating space to flea
market sellers in more than one place of business shall be required
to obtain a license for each place of business, provided that one
license shall be adequate for locations that are on the same lot.
(Code 1999, § 9-622; Ord. No. 46(93), 2-1-1993; Ord. No. 48, 2-16-1993)
::: phx-name
[Sec 9-623 Unlawful
Transactions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-623_Unlawful_Transactions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall sell or offer for sale at any flea market any goods
known to such person to be stolen.
(Code 1999, § 9-623; Ord. No. 46(93), 2-1-1993)
::: phx-name
[Sec 9-624 Sales Tax
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-624_Sales_Tax_Permit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
An individual vendor or seller shall be required to apply for and obtain
any required sales tax permit from the state tax commission. The permit
shall be displayed in a prominent place during all business hours.
(Code 1999, § 9-624; Ord. No. 46(93), 2-1-1993)
::: phx-name
[Sec 9-625 Zoning
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-625_Zoning_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A flea market shall be permitted only in a district as provided in the
city\'s zoning ordinance.
(Code 1999, § 9-625; Ord. No. 46(93), 2-1-1993)
::: phx-name
[Sec 9-626 Site
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-626_Site_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Flea market booths generally*. Flea market booths or individual
selling areas shall be located on individual stands and all outdoor
displays shall be of a type that can easily be moved and stored out
of sight.
2. *Site improvement requirements for outdoor flea markets*.
1. The condition of soil, groundwater level, drainage and
topography shall not create hazards to the property or the
health or safety of the occupants. The site shall not be exposed
to objectionable smoke, noise, odors or other adverse
influences, and no portion subject to unpredictable or sudden
flooding or erosion shall be used for any purpose which would
expose persons or property to hazards;
2. For outdoor flea markets, exposed ground surfaces in all parts
of every flea market shall be paved, or covered with stone
screenings, or other solid materials; and
3. For outdoor flea markets, the ground surface in all parts of
every flea market shall be graded and equipped to drain all
surface water in a safe, efficient manner in order to eliminate
water pockets, low areas or bogs.
3. *Setbacks, buffer strips and screening for outdoor flea markets*.
1. All outdoor flea markets shall be located at least 25 feet from
any public street or highway right-of-way and at least 20 feet
from the exterior property boundary lines; and
2. All outdoor flea markets adjacent to residential uses shall be
provided with screening of a well-maintained opaque fence along
the boundary line separating the market and adjacent zoning and
uses. Such screening shall be eight feet in height.
4. *Street and parking requirements for flea markets*.
1. All flea markets shall be provided with safe and convenient
vehicular access from abutting public streets or roads or
highways;
2. Access to flea markets shall be designated to minimize
congestion and hazards at the entrance or exit and allow free
movement of traffic on adjacent streets;
3. Off-street parking areas shall be provided in all flea markets.
Such areas shall be furnished at the rate of 5 1/2 spaces per
1,000 square feet of gross sales area.
5. *Walks, general requirements*. All flea markets shall be provided
safe, convenient, all-season, dust-free, pedestrian access of
adequate width for intended use, durable and convenient to maintain.
Sudden changes in alignment and gradient shall be avoided.
6. *Identification*. Each booth or table shall be numbered.
(Code 1999, § 9-626; Ord. No. 46(93), 2-1-1993)
::: phx-name
[Sec 9-627 Water Supply
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-627_Water_Supply_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. An accessible, adequate, safe and potable supply of water shall be
provided in each flea market. Where a public supply of water of
satisfactory quantity, quality and pressure is available, connection
shall be made to it and its supply used exclusively. When a
satisfactory public water supply is not available, a private water
supply system may be developed and used as approved by the state
department of health in accordance with rules and regulations for
water supply quality control.
2. The water supply system of the flea market shall be constructed and
connected in accordance with the plumbing code of the city.
(Code 1999, § 9-627; Ord. No. 46(93), 2-1-1993)
::: phx-name
[Sec 9-628 Restroom And Sewage
Disposal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-628_Restroom_And_Sewage_Disposal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. There shall be a minimum of one central restroom facility located on
the premises. Within that central restroom there shall be separate
facilities for men and women.
2. Hot and cold water shall be furnished to every lavatory and sink;
cold water shall be furnished to every water closet and urinal.
3. Restrooms shall contain the minimum number of fixtures as required
by the plumbing code of the city.
4. An adequate and safe sewage system shall be provided in all flea
markets for conveying and disposing of all sewage. Such system and
connection shall be designed, constructed and maintained in
accordance with the provisions of the plumbing code and sewer use
ordinances of the city.
(Code 1999, § 9-628; Ord. No. 46(93), 2-1-1993)
::: phx-name
[Sec 9-629 Refuse
Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-629_Refuse_Control){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There shall be enough trash cans, lined with plastic containers, to
accommodate all the trash thrown away on the premises. All trash shall
be removed at least at the end of each day during which the flea market
is open.
(Code 1999, § 9-629; Ord. No. 46(93), 2-1-1993)
::: phx-name
[Sec 9-630 Insect And Rodent
Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-630_Insect_And_Rodent_Control){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Grounds, buildings and structures shall be maintained free of insect and
rodent harborage and infestation.
(Code 1999, § 9-630; Ord. No. 46(93), 2-1-1993)
::: phx-name
[Sec 9-631 Fire
Protection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-631_Fire_Protection){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Flea markets shall be kept free of litter, rubbish and other
flammable materials.
2. Portable fire extinguishers shall be kept in all buildings and shall
be maintained in good operating condition.
(Code 1999, § 9-631; Ord. No. 46(93), 2-1-1993)
::: phx-name
[Sec 9-632 Public Address
Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-632_Public_Address_Systems){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Except for emergencies, the use of outdoor public address systems shall
be prohibited nor shall there by any outdoor music or other forms of
entertainment designed to entertain or attract the public in general.
This provision is not intended to prohibit a vendor from the private
listening of a radio or other music device, so long as the use of such
device does not violate the city\'s noise ordinance.
(Code 1999, § 9-632; Ord. No. 46(93), 2-1-1993)
::: phx-name
[Sec 9-633 Sales After
Dark](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-633_Sales_After_Dark){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There shall be no outdoor sales 30 minutes after sunset. The official
times for sunset and sunrise maintained by the National Weather Service
shall be used to determine sunset.
(Code 1999, § 9-633; Ord. No. 46(93), 2-1-1993)
::: phx-name
[Sec 9-634 Sales Of Animals, Outdoor Flea
Market](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-634_Sales_Of_Animals,_Outdoor_Flea_Market){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There shall be no selling or showing of animals of any kind on the
outdoor premises of any flea market or from any outdoor booth.
(Code 1999, § 9-634; Ord. No. 46(93), 2-1-1993)
::: phx-name
[Sec 9-635
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-635_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person, firm or corporation violating any provision of this article
shall be, upon conviction, subject to the penalties as provided in
section 1-108. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
(Code 1999, § 9-635; Ord. No. 46(93), 2-1-1993)
::: phx-name
[CHAPTER 9-7 ITINERANT VENDORS AND CHARITABLE
SOLICITATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-7_ITINERANT_VENDORS_AND_CHARITABLE_SOLICITATIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 9-7A ITINERANT
VENDORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7A_ITINERANT_VENDORS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 9-7B CHARITABLE
SOLICITATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7B_CHARITABLE_SOLICITATIONS){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 9-7A ITINERANT
VENDORS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7A_ITINERANT_VENDORS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-701
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-701_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-702 License Required, Blanket
Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-702_License_Required,_Blanket_Licenses){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-703
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-703_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-704 Application For
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-704_Application_For_License){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-705 Investigation, Approval Or
Disapproval](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-705_Investigation,_Approval_Or_Disapproval){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-706 Bond For
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-706_Bond_For_License){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-707 Service Of
Process](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-707_Service_Of_Process){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-708 Sale Of
Foods](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-708_Sale_Of_Foods){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-709 Identification Tag Or Badge,
Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-709_Identification_Tag_Or_Badge,_Display){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-710
Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-710_Hours){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-711
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-711_Exceptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-712 Provisions
Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-712_Provisions_Cumulative){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-713
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-713_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-701
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-701_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Commercial* means soliciting for a business purpose which is intended
to be for profit and is not intended to be charitable, religious,
not-for-profit or political.
*Itinerant* means having no regular place of doing business or
soliciting in the city and includes, but is not limited to, making
regular delivery or providing goods over an established route through
the city.
*Peddler* means a person soliciting commercial orders for goods or
services which are to be provided from stocks or goods carried with the
peddler or which are services provided by the peddler at the time the
order is made.
*Soliciting* means and includes any one or more of the following
activities:
1. Seeking to obtain orders for the purchase of goods, wares,
merchandise, food stuffs, or services, of any kind, character or
description whatever, for any kind of consideration whatever;
2. Seeking to obtain prospective customers for application or purchase
of insurance of any type, kind or publication;
3. Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers and every other type or kind of publication; or
4. Seeking to obtain gifts or contributions of money, clothing or any
other valuable thing for the support or benefit of any charitable or
nonprofit association, organization, corporation or project.
*Solicitor* means a person soliciting and includes a person soliciting
commercial orders for goods or services which are to be provided or
shipped to the consumer at a later date.
*Vendor* means any person engaged in a business or occupation selling or
offering to sell any merchandise, product or service, and includes, but
is not limited to, peddlers and solicitors.
(Prior Code, § 6-431, in part; Code 1999, § 9-701)
**State Law reference**--- State peddlers licenses, 47 O.S. § 434;
ex-servicemen exempted if certified by district court, 72 O.S. § 1.
::: phx-name
[Sec 9-702 License Required, Blanket
Licenses](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-702_License_Required,_Blanket_Licenses){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any itinerant vendor, solicitor or peddler shall obtain a license from
the city prior to any soliciting in the city, unless exempted herein, to
cover each person who will be soliciting and each location or separate
place of business.
(Prior Code, § 6-441, in part; Code 1999, § 9-702)
::: phx-name
[Sec 9-703
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-703_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The fee for licenses herein required shall be as set by the city council
by motion or resolution. The fees may be waived for educational,
charitable, or religious groups, qualifying as 501(c)(3) organizations
who make house to house solicitations.
(Prior Code, § 6-444, in part; Code 1999, § 9-703)
::: phx-name
[Sec 9-704 Application For
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-704_Application_For_License){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Applicants for licenses shall file during regular business hours a
written application signed by the applicant, if an individual, by all
partners, if a partnership, and by a qualified corporate officer, if a
corporation, with the licensing officer, on a form prescribed by the
licensing officer. The licensing officer may require the following:
1. Name and address of the persons having the management or supervision
of the applicant\'s business during the time that it is proposed to
be carried on in the city; the location or address of such persons
when engaged in such business; the permanent addresses of such
persons; the capacity in which such persons will act; and the name
and address of the person, firm or corporation for whose account the
business will be carried on, if any, and if a corporation, under the
laws of what state the same is incorporated;
2. The places in the city within the proper zoning classification where
it is proposed to carry on the applicant\'s business and the length
of time during which it is proposed that the business be conducted;
3. Places, other than permanent place of business of the applicant,
within the six months next preceding the date of the application,
where the applicant has conducted a transient business;
4. The nature of the goods or products being sold, that is whether they
are seconds, rejects or first-line quality, and whether any warranty
applies to the items being sold; if a warranty applies, the period
of the warranty and the name and address of the warrantor and the
procedures for filing for the adjustment of refund shall be
specified;
5. A statement that the applicant agrees to the requirement to pay all
state and city sales taxes due on all items which are subject to
sales taxes and recognizes that a copy of all applications will be
provided to the local office of the state tax commission;
6. Current state sales tax permit number;
7. Current license or permit, if any, which may be required by state
law or ordinances of the city for the particular activity or
business;
8. If a motor vehicle is to be used in the business, a description of
the vehicle, together with motor vehicle registration number and the
license number for the vehicle, and:
1. Proof of liability insurance required by state law; and
2. Proof or verification from the insurance carrier that the city
clerk will be provided at least ten days\' notice of any
cancellation; and
9. Proof of 501(c)(3) tax status if claiming exemption from the license
fees.
(Prior Code, §§ 6-442, 6-443, in part; Code 1999, § 9-704)
::: phx-name
[Sec 9-705 Investigation, Approval Or
Disapproval](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-705_Investigation,_Approval_Or_Disapproval){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All applications for licensing or registration shall be immediately
referred for investigation as to the truth thereof, which
investigation shall be conducted within ten business days after the
application and fee are deposited with the city.
2. If the city finds no past history of the applicant indicating
violations of this Code and that the application is properly made
and truthful, a license shall be issued to the approved applicant
upon payment of the fee therefor and the filing of the required
bond.
3. In all matters of denial of the license or registration, the
applicant shall be forthwith advised thereof. The applicant shall be
advised that an appeal of a denied license may be submitted to the
city council.
(Code 1999, § 9-705)
::: phx-name
[Sec 9-706 Bond For
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-706_Bond_For_License){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Before any license as provided by this article shall be issued, such
applicant shall file a bond running to the city. A person engaging
in business as an itinerant vendor shall file a bond in the sum set
forth in the bond schedule, secured by the applicant as principal
and two sureties upon whom service of process may be made in the
state.
2. All such bonds shall be approved by the city attorney and
conditioned that:
1. The applicant shall comply with all of the provisions of the
ordinances of the city and the statutes of the state regulating
and concerning the sale of goods or wares and merchandise; and
2. The applicant will pay all judgments rendered against the
applicant for any violation of the ordinances or statutes, or
any of them, together with all judgments and costs that may be
recovered against him by any persons for damage growing out of
any misrepresentation or deceptive practice by any person
transacting such business with such applicant, whether such
misrepresentation or deception were made or practiced by the
owner or by their service, agents or employees, either at the
time of making the sale or through any advertisement of any
character whatsoever, printed or circulated with reference to
the goods, wares and merchandise sold or any part thereof. Any
action on the bond may be brought in the name of the city to the
use of the aggrieved person.
(Prior Code, § 6-443, in part; Code 1999, § 9-706)
::: phx-name
[Sec 9-707 Service Of
Process](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-707_Service_Of_Process){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Before any license for an itinerant vendor, as herein provided, shall be
issued, such applicant shall file with the city an instrument nominating
and appointing the city clerk his true and lawful agent, with full power
and authority to acknowledge service of notice of process for and on
behalf of the applicant in respect to any matters connected with or
arising out of the business transaction under the license and the bond
given as required by this article, or for the performance of the
conditions of the bond or for any breach thereof. The instrument shall
also contain recitals to the effect that the applicant for the license
consents and agrees that service of any notices or process may be made
upon the agent and when so made shall be taken and held to be as valid
as if personally served on the persons applying for the license under
this article, according to the laws of the state or any other state and
waiving all claims or right of error by reason of such acknowledgement
of service or manner of service. Immediately upon service of process
upon the city clerk, as herein provided, the city clerk shall send to
the licensee at his last-known address, by certified mail, a copy of the
notice.
(Code 1999, § 9-707)
::: phx-name
[Sec 9-708 Sale Of
Foods](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-708_Sale_Of_Foods){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All applicants for a license to sell foods and merchandise for human
or animal consumption shall have their application for a license
approved in accordance with the applicable state food establishment
requirements before the licenses are issued.
2. The sale of foods requires an individual license not covered by
blanket licenses.
(Code 1999, § 9-708)
::: phx-name
[Sec 9-709 Identification Tag Or Badge,
Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-709_Identification_Tag_Or_Badge,_Display){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
At all times there shall be posted in a conspicuous place upon each:
1. Licensee if an individual;
2. Vehicle or booth used by a licensee; or
3. Building or premises as appropriate for blanket licenses;
a badge, tag or card issued by the city as proof of issuance of a
license. The card, tag or badge shall state the name of the licensee and
the date of expiration of the license. Blanket licenses shall be
displayed and readily available for inspection by the city.
(Code 1999, § 9-709)
::: phx-name
[Sec 9-710
Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-710_Hours){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In order to protect the public health, safety and welfare, no person may
engage in soliciting from house to house in residential areas of the
city between the hours of 8:00 p.m. and 8:00 a.m.
(Prior Code, § 6-432, in part; Code 1999, § 9-710)
::: phx-name
[Sec 9-711
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-711_Exceptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following are exempt from the license requirements of this
article:
1. Sale or delivery of newspapers, or any news gathering activity
performed by a news medium;
2. Any regularly established business which uses vehicles from
which to sell in front of or in the vicinity of its own
permanent location;
3. Bona fide auction sales;
4. The sale of farm, dairy, garden or agricultural products by
persons who produced and raised the products on lands owned or
controlled by them;
5. Trunk showings or temporary events by existing local merchants
outside of their existing locations;
6. Wholesalers selling to dealers or existing established local
businesses;
7. Solicitation of information for a legitimate citywide
distributed telephone directory or similar book; or
8. Solicitation conducted by public school children for the
purposes of financing extracurricular, social, athletic,
artistic, scientific, or cultural programs, which shall include,
but shall not be restricted to, solicitation for band and
athletic uniforms, scientific or artistic implements and
literary matters; however, no such solicitation shall be immune
from regulation under this article unless the solicitation shall
have been approved by the principal of the school where the
children are in attendance.
2. Any person who desires to be exempt from the license fees levied
under this article due to engaging in interstate commerce shall
provide sufficient data on transactions and proof to the city to
establish the interstate commerce nature of his business and
transactions. If the city refuses to issue an interstate commerce
exemption for the license fees to a commercial business activity,
then the applicant is entitled to a hearing before the city judge.
(Prior Code, §§ 6-19, 6-434, in part; Code 1999, § 9-711; Ord. No. 551,
4-1-1991)
::: phx-name
[Sec 9-712 Provisions
Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-712_Provisions_Cumulative){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The requirements of this article are cumulative to any provisions of
state law or city ordinances regulating or governing any of the
activities licensed herein. In the case of any conflict between the
provisions of this article and those of any other city ordinance or
state law, the more restrictive requirements shall apply.
(Code 1999, § 9-712)
::: phx-name
[Sec 9-713
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-713_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person violating any of the provisions of this article shall, upon
conviction thereof, be punished as provided in section 1-108.
(Code 1999, § 9-713)
::: phx-name
[ARTICLE 9-7B CHARITABLE
SOLICITATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-7B_CHARITABLE_SOLICITATIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-721
Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-721_Definition){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-722 Regulation Of Charitable Solicitations
Campaign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-722_Regulation_Of_Charitable_Solicitations_Campaign){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-723 Boxes And
Receptacles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-723_Boxes_And_Receptacles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-724 Application For
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-724_Application_For_Permit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-725 Issuance Of Charitable Solicitations
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-725_Issuance_Of_Charitable_Solicitations_Permit){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-721
Definition](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-721_Definition){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In addition to the definitions contained in section 9-701, the term
\"charitable solicitations campaign\" means any course of conduct
whereby any person, organization, society, association, corporation or
any agent, member or representative thereof, shall solicit property or
financial assistance of any kind or sell or offer to sell any article,
tag, service, emblem, publication, ticket, advertisement, subscription,
or anything of value on the plea of representation that such sale or
solicitation with the proceeds therefrom are for charitable,
educational, patriotic or philanthropic purpose.
(Code 1999, § 9-721; Ord. No. 551, 4-1-1991)
::: phx-name
[Sec 9-722 Regulation Of Charitable Solicitations
Campaign](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-722_Regulation_Of_Charitable_Solicitations_Campaign){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful to conduct any charitable solicitation campaign
within the city on any street, highway, or roadway used for
vehicular or pedestrian travel, unless waived upon proof that such
activity does not present a danger to the solicitors and will not
disrupt, obstruct, or affect the flow of traffic, or in any public
place, or by house to house canvass, unless the person,
organization, society, association or corporation conducting same
and responsible therefor shall first have obtained a permit in
compliance with the terms of this article.
2. This article shall not apply to any organization which solicits
funds solely from its own members or from its own assemblies not
using public streets or public places for such purposes.
(Code 1999, § 9-722; Ord. No. 551, 4-1-1991; Ord. No. 527(06), 2-6-2006)
::: phx-name
[Sec 9-723 Boxes And
Receptacles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-723_Boxes_And_Receptacles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to solicit any charitable contribution by
means of a box or receptacle in any public place without first filing
with the city manager a notice of intention to do so. Each person so
soliciting must in all other respects comply with the provisions of this
article.
(Code 1999, § 9-723; Ord. No. 551, 4-1-1991)
::: phx-name
[Sec 9-724 Application For
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-724_Application_For_Permit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A permit to conduct a charitable solicitations campaign on the streets
or in any public place or by house to house canvass in the city shall be
granted only after submitting to the city manager not less than 14 days
prior to the initiation of the proposed charitable solicitations
campaign an application which shall contain the following information:
1. The full name of the organization applying for a permit and address
of the headquarters in the city. If the organization is a chapter or
other affiliate of an organization having its principal office
outside the city, the name and address of the parent organization;
2. The names and addresses of the officers and person who will be
primarily in charge of conducting the solicitation campaign;
3. The purposes for which the gross receipts derived from such
solicitations or other activities are to be used;
4. A full statement of the character and extent of the charitable,
educational, patriotic, or philanthropic work done by the charitable
organization during the last preceding year;
5. An outline of the methods to be used in conducting the charitable
solicitations campaign, including the duration of the campaign;
6. Such other information that the city manager may deem appropriate
and necessary to determine whether or not the organization is in
fact a charitable organization whose primary purpose is to conduct
charitable, educational, patriotic, or philanthropic purposes.
(Code 1999, § 9-724; Ord. No. 551, 4-1-1991)
::: phx-name
[Sec 9-725 Issuance Of Charitable Solicitations
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-725_Issuance_Of_Charitable_Solicitations_Permit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Upon receipt of the written application, the city manager or his
designee shall review the application and if he finds that all
information appears to be true and correct, and that the proceeds from
the proposed solicitation meet the charitable, educational, patriotic,
or philanthropic purpose authorized by this article, he shall cause the
city clerk to issue a permit to the organization or person to conduct a
charitable solicitations campaign for the period and manner determined
by the city manager or his designee to be appropriate for the proposed
campaign. However, the period of the campaign authorized hereunder shall
not exceed three calendar months. Any extension of such period shall be
granted only upon the filing of a new application and after the city
manager has had opportunity to review the same. There shall be no fee
for a charitable solicitations permit issued under the provisions of
this article.
(Code 1999, § 9-725; Ord. No. 551, 4-1-1991)
::: phx-name
[CHAPTER 9-8
PAWNBROKERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-8_PAWNBROKERS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-801 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-801_License_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-802
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-802_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-803
Forfeiture](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-803_Forfeiture){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-804 Bond
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-804_Bond_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-805 Registration Of Property Required,
Reports](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-805_Registration_Of_Property_Required,_Reports){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-806 Business
Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-806_Business_Hours){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-807 Entering Into Sales With Certain Persons
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-807_Entering_Into_Sales_With_Certain_Persons_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-808 Transactions With Minors
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-808_Transactions_With_Minors_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-809 Concealing Lost Property
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-809_Concealing_Lost_Property_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-810 Suspicious Circumstances To Prevent
Sale](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-810_Suspicious_Circumstances_To_Prevent_Sale){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-811 Soliciting Business On Streets
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-811_Soliciting_Business_On_Streets_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Oklahoma Pawnshop Act, 59 O.S. § 1501 et
seq.; municipal regulation of pawnshops, 59 O.S. § 1514.\
::: phx-name
[Sec 9-801 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-801_License_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall operate as a pawnbroker or as a receiver of goods under
chattel mortgage without first securing a license and making payment
therefor as provided in this chapter.
(Prior Code, § 6-206; Code 1999, § 9-801)
::: phx-name
[Sec 9-802
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-802_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby levied a fee for the license required by this chapter,
per year.
(Prior Code, § 6-207; Code 1999, § 9-802)
::: phx-name
[Sec 9-803
Forfeiture](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-803_Forfeiture){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any pawnbroker or any other person who may be engaged in any calling or
occupation requiring a license under this chapter, who shall be guilty
of the violation of any provision of this chapter or who shall permit
any employee in the course of employment to be guilty of the violation
of any provision thereof, shall, upon conviction, in addition to the
punishment otherwise provided as a penalty therefor, be deprived of the
license, by order of the court.
(Prior Code, § 6-208; Code 1999, § 9-803)
::: phx-name
[Sec 9-804 Bond
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-804_Bond_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every person applying for a license to engage in or carry on the
business of pawnbroker shall, before the license is issued to him,
enter into a bond with the city, with approved sureties, in the
penal sum as set by the city, conditioned that the applicant will
strictly observe all laws, regulations and requirements in relation
to pawnbrokers or their business, and will pay all costs, fines and
penalties incurred on account of his failure or neglect in that
regard and will pay all damages to any person by reason of the
pawnbroker wrongfully taking, purchasing or receiving in pledge or
on deposit any stolen property, or the property of any minor.
2. The bond shall be filed with the city clerk and may be sued upon by
any person damaged as aforesaid in the name of the city for the
benefit of such person, but in no event shall the city be liable for
the costs of such suit.
(Prior Code, § 6-209; Code 1999, § 9-804)
::: phx-name
[Sec 9-805 Registration Of Property Required,
Reports](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-805_Registration_Of_Property_Required,_Reports){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every pawnbroker shall keep at his place of business a register in
which he shall enter in writing the following:
1. A minute description of all property taken, purchased or
received by him;
2. Any number that may be in or upon any article;
3. The time, name and place of residence (giving street and number
if within the city) of the person leaving the property; and
4. The amount loaned, the interest charged and the time when the
loan falls due.
2. The pawnbroker shall make such entry within one hour after the
receipt or purchase of such property. Every entry shall be made in
ink and shall not in any manner be obliterated or erased.
3. The pawnbroker shall give a receipt to the person negotiating or
leaving the property; the receipt shall be legible, and shall
contain a full and perfect copy of all entries required by law to be
kept in the register. No charge shall be made for the receipt.
4. Every pawnbroker shall execute and deliver to the chief of police
every day, before the hour of 12:00 noon, a legible and correct copy
from the register of all personal property or other valuable things
received or deposited or purchased during the preceding day,
together with the time when received or purchased and a description
of the person by whom the property or valuables was left in pledge
or from whom the same was purchased.
5. No person shall be required to furnish a description of any property
purchased from manufacturers or wholesale dealers having an
established place of business or of any goods purchased at open sale
or from any bankrupt stock, or from any other person having an
established place of business. Such goods shall be accompanied by a
bill of sale or other evidence of open and legitimate purchase; the
bill shall be shown to any officer upon demand.
6. Any pawnbroker shall make available a copy or report within two days
of any buy or pawn transaction to the police department, provided
merchandise bought on invoice from a manufacturer or wholesaler with
an established place of business is exempt from this reporting
requirement. However, such invoice shall be shown upon request to
the administrator or his duly authorized representative or any
authorized peace officer. The pawnbroker may provide the transaction
report to the police department by either electronically reporting
the information in the transaction report to an electronic database
accessible only by law enforcement agencies or by reporting a
physical copy of the transaction report directly to the law
enforcement agency. The transaction report shall include:
1. The name and address of the pawnshop;
2. The name, address, race, sex, weight, height, date of birth and
either identification number of the seller or pledger as
verified by either a state-issued identification card, driver\'s
license or federal government-issued identification card or by
readable fingerprint of right or left index finger on the back
of the pawn or buy transaction copy to be retained for the
pawnbroker\'s record;
3. The transaction number for the buy or pawn transaction;
4. The date and time of the transaction;
5. The manufacturer of the item;
6. A description of the item; and
7. The serial number and model number, where available, and any
other identifying markings.
7. Items bought, except on invoice from a manufacturer or wholesaler
with an established place of business, shall be held for ten days
before being disposed of or sold.
8. The pawnbroker shall obtain a written declaration of ownership from
the seller or pledgor on all buy and pawn transactions, except
refinance pawn transactions or merchandise bought from a
manufacturer or wholesaler with an established place of business.
The seller or pledgor shall be required to state how long he has
owned the property described in the transaction. The declaration of
ownership shall appear on the bill of sale or pawn ticket, to be
completed by the seller or the pledgor at the time of the
transaction.
(Prior Code, § 6-210; Code 1999, § 9-805)
**State Law reference**--- Similar provisions, 59 O.S. § 1515.
::: phx-name
[Sec 9-806 Business
Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-806_Business_Hours){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No pawnbroker shall purchase, take or receive on deposit, or in any
manner, any article or property from any person between the hours of
6:30 p.m. and 8:30 a.m. All pawnbrokers shall remain closed all day on
Sunday unless the pawnbroker can show that he uniformly keeps another
day of the week as holy time and does not labor on that date.
Pawnbrokers may receive and purchase property up to 9:00 p.m. on
Saturdays and Mondays.
(Prior Code, § 6-212; Code 1999, § 9-807; Ord. No. 342(01), 12-3-2001)
::: phx-name
[Sec 9-807 Entering Into Sales With Certain Persons
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-807_Entering_Into_Sales_With_Certain_Persons_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No pawnbroker, secondhand dealer, or any other person shall knowingly
purchase, take or receive in pledge, or by any gift or on deposit, or
accept possession of any article or property, of or from any of the
following:
1. Any person under the influence of intoxicating liquors or drugs;
2. Any person who is a habitual user of drugs of any kind; or
3. Any person who has previously been convicted of petty larceny.
(Prior Code, § 6-213; Code 1999, § 9-808)
::: phx-name
[Sec 9-808 Transactions With Minors
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-808_Transactions_With_Minors_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person in charge of any junk shop, secondhand store, pawnshop, or
otherwise, shall knowingly purchase from or advance money to any minor
upon articles of value, or have any dealing respecting the title of
property in the possession of a minor, without the written consent of
the parent or guardian of such minor.
(Prior Code, § 6-214; Code 1999, § 9-809)
::: phx-name
[Sec 9-809 Concealing Lost Property
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-809_Concealing_Lost_Property_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall attempt to conceal any estray, or lost goods, found or
taken up by him, or shall efface any marks or brands thereon, or carry
the same beyond the limits of the city or knowingly permit the same to
be done, or willfully fail to cause the same to be advertised, sold or
otherwise dealt with as provided by this Code in respect to lost goods.
(Prior Code, § 6-215; Code 1999, § 9-810)
::: phx-name
[Sec 9-810 Suspicious Circumstances To Prevent
Sale](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-810_Suspicious_Circumstances_To_Prevent_Sale){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any suspicion or circumstance sufficient to put an ordinary prudent
person upon his guard concerning the right of a person to dispose of
an article shall be sufficient notice to any person to whom property
shall be offered for gift, sale or pledge, to prohibit him from
accepting it.
2. The failure to exercise the precautions herein prescribed, and the
accepting of a gift, sale, or pledge, of property prohibited herein,
which is stolen, or is in the possession of one not entitled to, or
competent to, sell, pledge, or give it away, shall be and constitute
an offense.
(Prior Code, § 6-216; Code 1999, § 9-811)
::: phx-name
[Sec 9-811 Soliciting Business On Streets
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-811_Soliciting_Business_On_Streets_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall solicit business for any pawnshop from any person on the
streets or other public place, or call to or in any manner attract the
attention of any person on the streets or other public place for the
purpose of asking the person to patronize any pawnshop.
(Prior Code, § 6-217; Code 1999, § 9-812)
::: phx-name
[CHAPTER 9-9 PRECIOUS METALS
DEALERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-9_PRECIOUS_METALS_DEALERS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-901
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-901_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-902 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-902_License_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-903
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-903_Application){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-904
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-904_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-905 Investigation, Issuance Or
Denial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-905_Investigation,_Issuance_Or_Denial){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-906 Transferability,
Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-906_Transferability,_Display){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-907
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-907_Revocation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-908 Identification Of
Sellers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-908_Identification_Of_Sellers){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-909 Records
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-909_Records_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-910 Report Of Transactions To
Police](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-910_Report_Of_Transactions_To_Police){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-911 Right To Inspect
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-911_Right_To_Inspect_Records){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-912 Duty To Retain
Items](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-912_Duty_To_Retain_Items){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-913 Purchase From Minors
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-913_Purchase_From_Minors_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-914 Exemptions From Provisions Of
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-914_Exemptions_From_Provisions_Of_Chapter){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Precious Metal and Gem Dealer Licensing Act,
59 O.S. § 1521 et seq.; municipal regulation of precious metals dealers,
59 O.S. § 1527.\
::: phx-name
[Sec 9-901
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-901_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Precious metals* means any item containing in any degree, as part of
its composition, gold, silver, platinum or pewter.
*Precious metal dealer* or *dealer* means any person engaged in the
business of buying precious metals, whether for cash or trade; and
further, this definition shall include any dealer whose business is
itinerant in nature, as well as any dealer who conducts his business at
a permanent and fixed location within the city. As used herein, the term
\"dealer\" shall include the employers and principals on whose behalf
any purchase or trade is made and all employees or agents personally
making such purchases or trades.
(Prior Code, § 6-251; Code 1999, § 9-901)
::: phx-name
[Sec 9-902 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-902_License_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall carry on, operate or engage in the business of
purchasing, whether for cash or trade, any precious metals within the
city without first obtaining a license from the city clerk.
(Prior Code, § 6-266; Code 1999, § 9-902)
::: phx-name
[Sec 9-903
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-903_Application){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person desiring to obtain a license as a precious metal dealer shall
file a written application with the city clerk, together with the amount
of the license fee as hereinafter prescribed. The application form shall
request the following information:
1. If the applicant is an individual, the full name, birthdate,
permanent residence address and telephone number;
2. If the applicant is a partnership, corporation or other business
entity, the full name, birthdate, permanent residence address and
telephone number of each partner or each officer and director;
3. If an individual applicant employed by another, the full name of the
employer or principal, the permanent address and telephone number of
the employer or principal and the name, address and telephone number
of the employee\'s immediate supervisor;
4. Listing of any trade names or aliases used by the applicant for the
last five years;
5. The names, birthdates, permanent address and telephone numbers of
each person employed, or intended to be employed, in the business as
of the time of the filing of the application;
6. Exact address or location of the place within the city where the
business of dealer will be carried on;
7. If the applicant\'s business is itinerant, with no permanent
location within the city, a listing of the last four locations,
immediately preceding the date of the application, where the
applicant conducted business as a precious metal dealer.
(Prior Code, § 6-267; Code 1999, § 9-903)
::: phx-name
[Sec 9-904
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-904_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby levied a license fee, on a daily or annual basis as the
applicant may elect, for issuance of a precious metal dealer\'s license,
which shall be paid at the time an application is made. No part of the
license fee shall be subject to refund or abatement.
(Prior Code, § 6-268; Code 1999, § 9-904)
::: phx-name
[Sec 9-905 Investigation, Issuance Or
Denial](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-905_Investigation,_Issuance_Or_Denial){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Upon receipt of an application for a license required by this
chapter and the required fee, the city clerk shall refer the same to
the chief of police for investigation of the applicant\'s moral
character and business responsibility. Within five days from the
receipt of the application, the chief of police shall return the
same to the city clerk, accompanied by his recommendations to issue
or deny the license. Grounds for denial shall include:
1. The application contains a materially false or fraudulent
statement; and
2. The applicant, or an officer, partner or employee thereof, has
been convicted of a felony within the five years immediately
preceding the date of the application.
2. Upon receipt of the recommendation of the chief of police, the city
clerk shall issue the license accordingly. If the license is denied,
the grounds for denial shall be stated in writing and a copy
supplied to the applicant.
(Prior Code, § 6-269; Code 1999, § 9-905)
::: phx-name
[Sec 9-906 Transferability,
Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-906_Transferability,_Display){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The license issued under this chapter shall not be transferable to any
other person. No person shall do business as a precious metal dealer, or
attempt to do business, under a license transferred to him. The dealer
shall at all times prominently display on the business premises a
currently valid license.
(Prior Code, § 6-270; Code 1999, § 9-906)
::: phx-name
[Sec 9-907
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-907_Revocation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In addition to any other penalty, the dealer shall, upon a second
conviction of a violation of this chapter, have his precious metal
dealer license revoked by the city clerk.
(Prior Code, § 6-271; Code 1999, § 9-907)
::: phx-name
[Sec 9-908 Identification Of
Sellers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-908_Identification_Of_Sellers){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All dealers shall require each person offering an item or article for
sale or trade to produce personal identification. Dealers shall
ascertain the name, permanent address and age of all sellers of precious
metals. Dealers shall verify a seller\'s identity only by means of a
driver\'s license, or some other form of identification issued by a
governmental agency, which must contain thereon a picture or adequate
physical description of the person identified. It shall be unlawful for
a dealer to fail to request identification, or to accept inadequate
identification, before transacting business with a seller of precious
metals.
(Prior Code, § 6-252; Code 1999, § 9-908)
::: phx-name
[Sec 9-909 Records
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-909_Records_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every dealer shall keep and maintain an adequate record of all
transactions with sellers of precious metals. The record of the
transactions shall be maintained in a running ledger book; or the
dealer may maintain the original bill of sale, or other written
receipt, issued at the time of the transaction. Entries on the
record shall be legibly written in ink at the time the dealer
acquires the article from the seller; and same shall not be
obliterated or erased. The following shall be required to be
maintained for each transaction with a seller of precious metals:
1. The date and time of the sale or trade;
2. Name, address and age of the seller of the items;
3. The number appearing on the seller\'s driver\'s license or other
governmental identification card;
4. Physical description of the seller, including height, weight,
race and sex;
5. A concise and accurate description of the article acquired by
the dealer, including any identifying marks, names, initials,
serial numbers, brand names or other personalized features; and
6. The amount paid for the articles by the dealer.
2. The dealer shall maintain the information required by this section
for a period of one year from the date of the acquisition of the
article.
(Prior Code, § 6-253; Code 1999, § 9-909)
::: phx-name
[Sec 9-910 Report Of Transactions To
Police](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-910_Report_Of_Transactions_To_Police){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Within 24 hours of the sale or trade of any precious metal to a dealer,
the dealer shall deliver to the office of chief of police, or the front
desk of the police department, a duplicate or photocopy of the record of
transaction, required to be kept pursuant to the provision of section
9-909. In the event the delivery time falls on a weekend or holiday, the
dealer shall deliver the required records by no later than 12:00 noon of
the next regular work day. In lieu of furnishing a duplicate or copy of
the records required under section 9-909, the dealer may supply written
statement containing only the following information:
1. Name of the dealer and name of the agent or employee dealing with
the seller;
2. Description of articles received by dealer, including any
identifying marks, numbers, names or initials; and
3. Name and address of the seller of each item.
(Prior Code, § 6-254; Code 1999, § 9-910)
::: phx-name
[Sec 9-911 Right To Inspect
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-911_Right_To_Inspect_Records){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any police officer of the city, or any law enforcement officer of the
county, state or federal government, during the dealer\'s regular
business hours, shall have the right to enter the business premises of
the dealer for the purpose of inspecting the records required to be
maintained under this chapter or any item of precious metal regulated
hereunder. The application for, and acceptance of, a license under this
chapter shall be deemed conclusive consent of the dealer to such entry
and inspection.
(Prior Code, § 6-255; Code 1999, § 9-911)
::: phx-name
[Sec 9-912 Duty To Retain
Items](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-912_Duty_To_Retain_Items){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every dealer must keep at the business location designated in the
license application, all used articles made, in whole or in part, of
precious metals or gems, for inspection by any law enforcement
officer and the department of consumer credit at reasonable times
for a period of ten days or until the articles have been released by
written authorization of any law enforcement officer authorized by
the law enforcement agency or its designee, except as provided for
in 59 O.S. § 1525(C). During this period, the appearance of such
articles shall not be altered in any way. A dealer is not prohibited
from selling or arranging to sell such articles during the ten-day
period as long as such articles remain in his possession as required
by this subsection.
2. Whenever a police officer has probable cause to believe that
property in possession of a licensed dealer is stolen or embezzled,
the police officer may place a written hold order on the property.
The initial term of the written hold order shall not exceed 30 days.
However, the holding period may be extended in successive 30-day
increments upon written notification prior to the expiration of the
initial holding period. If the holding period has expired and has
not been extended, the hold order shall be considered expired and no
longer in effect, and title shall vest in the dealer subject to any
restrictions contained in a sale contract. The initial written hold
order shall contain the following information:
1. Signature of the dealer or designee;
2. Name, title and identification number of the police officer
placing the hold order;
3. Name and address of the agency to which the police officer is
attached and the offense number;
4. Complete description of the property to be held, including model
number, serial number and transaction number
5. Name of agency reporting the property stolen or embezzled;
6. Mailing address of the dealer where the property is held;
7. Expiration date of the holding period.
3. While a hold order is in effect, the dealer may consent to release,
upon written receipt, the stolen or embezzled property to the
custody of the police department. The consent to release the stolen
or embezzled property to the custody of law enforcement is not a
waiver or release of the dealer\'s property rights or interest in
the property. Otherwise, the dealer shall not release or dispose of
the property except pursuant to a court order or the expiration of
the holding period, including all extensions. The district
attorney\'s office shall notify the dealer in writing in cases where
criminal charges have been filed that the property may be needed as
evidence. The notice shall contain the case number, the style of the
case and a description of the property. The dealer shall hold such
property until receiving notice of the disposition of the case from
the district attorney\'s office. The district attorney\'s office
shall notify the dealer in writing within 15 days of the disposition
of the case. Willful noncompliance of a dealer to a written hold
order shall be cause for the dealer\'s license to either be
suspended or revoked. A hold order may be released prior to the
expiration of any 30-day holding period by written release from the
agency placing the initial hold order.
(Prior Code, § 6-256; Code 1999, § 9-912)
**State Law reference**--- Similar provisions, 59 O.S. § 1531.
::: phx-name
[Sec 9-913 Purchase From Minors
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-913_Purchase_From_Minors_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No dealer shall purchase or receive in trade any precious metal from any
seller under the age of 18 years, unless the parents or guardian of such
person shall consent to the transaction in writing. The written consent
shall state that the transaction is fully approved by the parent or
guardian, shall be signed by the same and must contain the address and
telephone number of the parent or guardian.
(Prior Code, § 6-257; Code 1999, § 9-913)
::: phx-name
[Sec 9-914 Exemptions From Provisions Of
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-914_Exemptions_From_Provisions_Of_Chapter){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Retail merchants having permanent and fixed business within the city
shall be exempted from the provisions of this chapter insofar, and
only insofar, as they make purchases directly from manufacturers,
suppliers and wholesalers of precious metals for their retail
inventories.
2. Upon obtaining the written approval of the chief of police,
exhibitors at bona fide coin shows, art shows, antique shows, and
exhibitions of a similar nature, where the same are sponsored by a
local nonprofit, civic or cultural organization, shall be exempted
from the provisions of this chapter.
(Prior Code, § 6-258; Code 1999, § 9-914)
::: phx-name
[CHAPTER 9-10 RECREATION CENTERS AND AMUSEMENT
DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-10_RECREATION_CENTERS_AND_AMUSEMENT_DEVICES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 9-10A FAMILY RECREATION
CENTERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10A_FAMILY_RECREATION_CENTERS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 9-10B COIN-OPERATED AMUSEMENT
DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10B_COIN-OPERATED_AMUSEMENT_DEVICES){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 9-10C AMUSEMENTS AND AMUSEMENT
PARKS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10C_AMUSEMENTS_AND_AMUSEMENT_PARKS){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 9-10A FAMILY RECREATION
CENTERS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10A_FAMILY_RECREATION_CENTERS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-1001
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1001_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1002 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1002_License_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1003 License
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1003_License_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1004 Zoning
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1004_Zoning_Restrictions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1005
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1005_Regulations){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1006 Revocation Of
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1006_Revocation_Of_License){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1007
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1007_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-1001
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1001_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Game room* or *arcade* means any business location in which there are
more than six coin-operated amusement devices, as defined in this
section, available for use by members of the public or business
invitees.
*Recreation center* means those participant recreation and entertainment
uses conducted within an enclosed building, where no alcoholic or
nonintoxicating beverages, as defined by this Code, are served or
permitted to be consumed. Typical uses include pool halls, billiard
parlors, game rooms, arcades, including such entertainment as pinball,
video games, foosball, etc., and family amusement centers.
(Code 1999, § 9-1001; Ord. No. 538, 11-19-1990)
::: phx-name
[Sec 9-1002 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1002_License_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to operate a recreation center within the
city limits without first having obtained a license therefor as provided
by this article. The city clerk shall issue the license if the city
community development director determines that the proposed use is in
compliance with the requirements of the city ordinances. No recreation
center license issued by virtue of this article shall be assigned to any
other person.
(Code 1999, § 9-1002; Ord. No. 538, 11-19-1990)
::: phx-name
[Sec 9-1003 License
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1003_License_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A fee as set by the city shall be paid to the city clerk before a
license is issued for the operation of a recreation center.
(Code 1999, § 9-1003; Ord. No. 538, 11-19-1990)
::: phx-name
[Sec 9-1004 Zoning
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1004_Zoning_Restrictions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Recreation centers shall be operated only in such districts as are in
accordance with the city\'s zoning regulations, subject to the
provisions of this article.
(Code 1999, § 9-1004; Ord. No. 538, 11-19-1990)
::: phx-name
[Sec 9-1005
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1005_Regulations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. If 50 percent or more of the gross floor area of a building is
devoted to the use of pool or billiard tables, then such business
shall be considered a pool hall or billiard parlor and shall comply
with the provisions of this article as well as the other applicable
provisions of this Code. In the case of conflict between the
provisions of this article and those elsewhere in this Code, the
more restrictive provision shall prevail.
2. A recreation center shall not open before 10:00 a.m. and shall not
be open later than 1:00 a.m. on Monday, Tuesday, Wednesday, Thursday
and Friday and shall not be open later than 2:00 a.m. on Saturday
and Sunday mornings.
3. A recreation center shall be required to have at least one on-site
security guard who shall be certified by the state council on law
enforcement education and training, on duty from 8:00 p.m. until
closing on any day such business is open.
4. Sight-proof screening which adequately screens such business from
view of surrounding single-family residential areas or uses shall be
required.
(Code 1999, § 9-1005; Ord. No. 538, 11-19-1990; Ord. No. 187(97),
4-21-1997)
::: phx-name
[Sec 9-1006 Revocation Of
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1006_Revocation_Of_License){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any license issued under the provisions of this article may be suspended
or revoked by the city if the applicant is convicted in municipal court
of violating the provisions of this article or has made a false
statement on the application for license, or if the use and operation of
the business results in a conviction in municipal court for a violation
of any ordinance of the city relating to a breach of the peace, health,
safety, or general welfare of the city.
(Code 1999, § 9-1006; Ord. No. 538, 11-19-1990)
::: phx-name
[Sec 9-1007
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1007_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A violation of this article is punishable as provided in section 1-108.
(Code 1999, § 9-1007; Ord. No. 538, 11-19-1990)
::: phx-name
[ARTICLE 9-10B COIN-OPERATED AMUSEMENT
DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10B_COIN-OPERATED_AMUSEMENT_DEVICES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-1011
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1011_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1012 License Fee For Coin-Operated
Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1012_License_Fee_For_Coin-Operated_Devices){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1013 Application For
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1013_Application_For_License){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1014 Display Of
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1014_Display_Of_License){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1015 Prohibited Devices Not
Legalized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1015_Prohibited_Devices_Not_Legalized){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1016 Gambling
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1016_Gambling_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1017
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1017_Penalties){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Coin-operated amusement devices, 68 O.S. §
1501 et seq.\
::: phx-name
[Sec 9-1011
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1011_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:\
*Coin-operated amusement device* means and includes any and all
mechanical devices which, upon the payment or insertion of a coin,
script, token, or similar object, cause or permit, or is incentive
for, the propelling or motivating of any ball, marble, electronic
simulation, or other gadget or object that produces or creates, or
makes possible the production or creation of, a game of skill,
amusement, entertainment, or test of strength, including, but not
limited to, shuffle boards, coin-operated devices utilizing tables,
boards, or cases of any size whatsoever, balls, sticks, cues, pegs
or marbles; and whether or not any motivating force involved is
furnished by the player or the device.\
*Coin-operated music device* means and includes any such music
device which is operated, motivated, released or played by or upon
the payment or insertion of a coin, script, token or similar object,
whether there is one or more boxes or devices on the premises for
the reception of such coin, script, tokens or similar objects;
coin-operated radios or television receiving sets in hotels or
motels shall not be included in such definition.\
*Coin-operated pool, billiard* or *snooker tables* are defined as
coin-operated amusement devices, in accordance with this section.\
*Pool, billiard* or *snooker table* means any table specifically
manufactured for the purpose of playing pool, billiards or snooker,
if not coin-operated.
2. Coin-operated music device and coin-operated amusement device as
defined herein shall not include coin-operated machines operated by
penny coins only; or coin-operated vending machines used exclusively
for the purpose of selling tangible personal property, such as cold
drinks, tobacco products, candies, postage stamps or other
merchandise; or services, such as pay telephones, parking meters,
gas and electric meters, or other distribution of needful service;
or pool, billiard or snooker tables which are not coin operated.
(Prior Code, § 6-116, in part; Code 1999, § 9-1021)
::: phx-name
[Sec 9-1012 License Fee For Coin-Operated
Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1012_License_Fee_For_Coin-Operated_Devices){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person who owns and has available to the public, or who permits to
be operated by the public in or on his place of business, any
coin-operated music device, coin-operated amusement device, or
coin-operated pool, billiard or snooker table, shall obtain and pay for
an annual license for each such device or table. There is hereby levied
an annual license fee on such devices, as set by the city council by
motion or resolution.
(Prior Code, §§ 6-84, 6-117, in part; Code 1999, § 9-1022)
::: phx-name
[Sec 9-1013 Application For
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1013_Application_For_License){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Application for an annual license regulated by this chapter shall be
made to the city. The application form shall contain the name of the
applicant, a description of the device, location of the device and such
other information deemed necessary by the licensing officer to identify
the device. Any number of machines may be included in one application.
Upon payment of the license fee and approval of the application, the
license shall be issued.
(Code 1999, § 9-1023)
::: phx-name
[Sec 9-1014 Display Of
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1014_Display_Of_License){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Before any coin-operated music device, coin-operated amusement device,
or coin-operated pool, billiard or snooker table is put into operation
or placed where the same may be operated by the public, and at all times
when the same is being operated, or is available to the public for
operation, the license issued by the city shall be firmly affixed to the
device covered thereby, or displayed with other licenses or permits on a
wallboard, and plainly visible to and readable by the public.
(Code 1999, § 9-1024)
::: phx-name
[Sec 9-1015 Prohibited Devices Not
Legalized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1015_Prohibited_Devices_Not_Legalized){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Nothing in this article shall be construed to legalize any device that
may be prohibited by the laws of the state or the ordinances of the
city. The city may assume that any device described in any application,
and for which a license fee is paid, is lawful. No claim for a refund of
any license fee will be entertained based upon an owner\'s or
operator\'s inability to operate such device because of any law of the
state or city or for any other reason.
(Code 1999, § 9-1025)
::: phx-name
[Sec 9-1016 Gambling
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1016_Gambling_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If any person keeping, operating, maintaining, controlling or being in
charge of any device as referred to and licensed under this article
shall permit any gambling of any kind, by persons using and playing such
machines and devices, he shall be deemed guilty of an offense against
the ordinances of the city, and shall be subject to punishment as
provided in section 1-108.
(Prior Code, § 6-118; Code 1999, § 9-1026)
::: phx-name
[Sec 9-1017
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1017_Penalties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any owner of a coin-operated music device, coin-operated amusement
device, or coin-operated pool, billiard or snooker table, who places
such device in operation or in a place available to the public for
operation, and any person who permits such a device to be in operation
or accessible to the public for operation in his place of business
without attaching and displaying the license provided for by this
article, shall be guilty of an offense. Upon conviction of a violation
of this article, such person shall be punished as provided in section
1-108. Each unlicensed device shall constitute a separate violation.
(Code 1999, § 9-1027)
::: phx-name
[ARTICLE 9-10C AMUSEMENTS AND AMUSEMENT
PARKS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-10C_AMUSEMENTS_AND_AMUSEMENT_PARKS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-1021 Amusements Generally,
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1021_Amusements_Generally,_Fees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1022 Amusement
Park](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1022_Amusement_Park){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1023 Permit Or License Required, State Law
Compliance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1023_Permit_Or_License_Required,_State_Law_Compliance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1024 City Clerk To Issue,
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1024_City_Clerk_To_Issue,_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1025 Authorized Hours Of Business;
Fencing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1025_Authorized_Hours_Of_Business;_Fencing){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1026 Exemption From Other Occupational License
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1026_Exemption_From_Other_Occupational_License_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-1021 Amusements Generally,
Fees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1021_Amusements_Generally,_Fees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A license in the sum as set forth in the fee schedule is hereby required
on every person engaging in, exercising or pursuing any of the
following:
1. Bowling alley;
2. Circus;
3. Ferris wheel, merry-go-round, small car, or similar apparatus, when
not under the auspices of a street fair, civic club, carnival or
circus or amusement park;
4. Itinerant show, exhibition or entertainment of any kind which
charges admission (including all activities under its auspices);
5. Shooting gallery, skill or strength game or game of chance;
6. Skating rink;
7. Street fair or carnival; or
8. Wrestling matches, professional.
(Prior Code, § 6-18, in part; Code 1999, § 9-1031)
::: phx-name
[Sec 9-1022 Amusement
Park](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1022_Amusement_Park){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
An amusement park is defined as mechanical devices of all kinds, slides,
shooting galleries, or other games produced, designed and calculated to
be witnessed, attended, played or used by the public for entertainment
and diversion at an outside and open location of a permanent nature.
Games and exhibitions presented to any public or private elementary
school, high school or kindergarten, pool or billiard hall or family
amusement center, as defined in this Code, shall not be embraced within
the meaning of amusement park as herein defined.
(Prior Code, § 6-41; Code 1999, § 9-1032)
::: phx-name
[Sec 9-1023 Permit Or License Required, State Law
Compliance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1023_Permit_Or_License_Required,_State_Law_Compliance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful and an offense for any person to engage in the operation
of an amusement park without first obtaining a permit or license from
the city clerk. Any amusement park or devices shall comply with any
applicable state law and inspections approvals prior to operating in the
city.
(Prior Code, § 6-42; Code 1999, § 9-1033)
::: phx-name
[Sec 9-1024 City Clerk To Issue,
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1024_City_Clerk_To_Issue,_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city clerk is hereby authorized to issue a license or permit to
operate an amusement park pursuant to this article, which license or
permit shall expire on the last day of the month of the year after which
such license is issued. The city clerk shall charge the sum as set forth
in the fee schedule for the license or permit for any amusement park.
(Prior code, § 6-43; Code 1999, § 9-1034)
::: phx-name
[Sec 9-1025 Authorized Hours Of Business;
Fencing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1025_Authorized_Hours_Of_Business;_Fencing){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. An amusement park licensed by the terms of this article shall be
authorized to be open for business from the hours of 8:00 a.m. to
12:00 midnight on each day of the week; however, any amusement
devices which are completely enclosed shall be allowed to remain
open until 2:00 a.m. on Saturday and Sunday morning only of each
week.
2. An amusement park shall have a chainlink or sight-proof fence of at
least six feet in height entirely enclosing such amusement park.
(Prior Code, § 6-44; Code 1999, § 9-1035)
::: phx-name
[Sec 9-1026 Exemption From Other Occupational License
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1026_Exemption_From_Other_Occupational_License_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person obtaining a license or permit as required by this article
shall not be required to secure licenses, permits or pay fees as set out
in article A of this chapter.
(Prior Code, § 6-45; Code 1999, § 9-1036)
::: phx-name
[CHAPTER 9-11 WRECKERS AND TOWING
SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-11_WRECKERS_AND_TOWING_SERVICE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-1101
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1101_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1102 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1102_License_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1103
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1103_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1104 License Revocation Or
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1104_License_Revocation_Or_Suspension){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1105 Vehicle
List](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1105_Vehicle_List){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1106 Storage
Yard](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1106_Storage_Yard){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1107
Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1107_Parking){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1108 Rotation
Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1108_Rotation_Log){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1109 Removal From Rotation
Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1109_Removal_From_Rotation_Log){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1110 Required
Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1110_Required_Services){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1111 Required
Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1111_Required_Services){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1112 Removal From Department
Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1112_Removal_From_Department_Log){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Towing motor vehicles, 47 O.S. § 951 et seq.\
::: phx-name
[Sec 9-1101
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1101_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Inspecting Officers* means the City of Moore Chief of Police, or their
designee, the City of Moore Community Development Director, or their
designee, or the City of Moore City Clerk, or their designee, who makes
inspections on behalf of the city of wrecker service vehicles,
equipment, and place of businesses and tow and impound yards.\
*Rotation log* means the list of wrecker companies that have been
approved to provide wrecker services for the City in accordance with
this Chapter.*\
*
*Storage yard* shall be defined as the temporary storage of vehicles
that have been towed, carried, hauled or pushed from public or private
property for impoundment in a public or private impound yard.*\
*
*Towing service rotation agreement* means the non-exclusive agreement
entered into between the city and a wrecker and towing service that
defines the obligations, procedures and terms for police dispatched tow
service.\
\
*Wrecker and towing service* means any person, firm, corporation or
other entity, whether licensed or not, who owns or operates a business
which engages, in whole or in part, in the business of towing, removal
and storage of motor vehicles in the City.\
(Prior Code, § 24-51; Code 1999, § 9-1201)
::: phx-docs
HISTORY\
*Amended by Ord.
[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link
target="_blank" style="color:#0000EE"} on 8/3/2022\
*
:::
::: phx-name
[Sec 9-1102 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1102_License_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A. No person shall, within the city, operate a wrecker or towing service
without first having obtained from the city clerk a license therefor and
without having complied with all other provisions of this chapter, and
the provisions of 47 O.S. 951 et seq.
B. Any person or business desiring a license for a wrecker or towing
service shall file an application with the city clerk on such forms as
may, from time to time, be developed for that purpose and made available
to the public. Such license must be renewed annually.\
\
C. Designated officials from the Moore Police Department and the
Community Development Department shall make an initial inspection upon
receipt of application and shall make an annual inspection upon annual
license renewals. Such inspections shall determine if the wrecker and
tow service is in compliance with City Code. No license or license
renewal shall be issued without Moore Police Department and Moore
Community Development Department approval.\
\
D. No license shall be issued to any wrecker service with its storage
yard located outside the limits of the city unless such prospective
licensee contracts with an individual, company or other organization who
maintains a storage yard within the city.\
\
(Code 1999, § 9-1202)
::: phx-docs
HISTORY\
*Amended by Ord.
[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link
target="_blank" style="color:#0000EE"} on 8/3/2022\
*
:::
::: phx-name
[Sec 9-1103
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1103_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The fee for the license required by section 9-1102 to perform a
wrecker or towing service operation shall be the sum as set by the
city. Licenses procured under this chapter shall expire on December
31 following their issuance . A prorated license fee shall be paid
for any license issued after January 31.
2. The fee for an annual license renewal and re-inspections required by
Section 9-1102 to perform a wrecker or towing service operation
shall be the sum as set by the city. License renewal fees shall not
be prorated.\
\
(Prior Code, § 24-53; Code 1999, § 9-1203)
::: phx-docs
HISTORY\
*Amended by Ord.
[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link
target="_blank" style="color:#0000EE"} on 8/3/2022\
*
:::
::: phx-name
[Sec 9-1104 License Revocation Or
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1104_License_Revocation_Or_Suspension){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A license or permit issued under this division may be revoked or
suspended by the city clerk, for good cause, or in any case where
any of the provisions of this division are violated. Any license
issued for a wrecker and towing service may be revoked or suspended
by the city after notice and hearing upon not less than ten days\'
notice, by certified mail to the last-known address of the licensee,
or personal service on the licensee. Such notice shall be calculated
from the date of mailing or in the case of personal service, from
the date of service upon the licensee. The hearing shall be held
before a panel comprised of the Chief of Police, or their designee,
Moore City Clerk, the Community Development Director, or their
designee, and the City Attorney, or their designee. The panel shall
determine license revocation or length of suspension, and other
terms and conditions of maintaining a Wrecker and Towing Service
license within the City.\
\
(Prior Code, § 24-54; Code 1999, § 9-1204)
::: phx-docs
HISTORY\
*Amended by Ord.
[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link
target="_blank" style="color:#0000EE"} on 8/3/2022\
*
:::
::: phx-name
[Sec 9-1105 Vehicle
List](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1105_Vehicle_List){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Each year upon license renewal, all wrecker and towing services
shall submit a complete inventory of vehicles being stored in the
storage yard including the make, model and registration or license
tag number. The inventory shall be reviewed by the license renewal
inspecting officers. No vehicles shall be stored in the storage yard
for a period of time exceeding 12 months. However, if extenuating
circumstances require certain vehicles to be stored in the storage
yard exceeding 12 months, documentation of the extenuating
circumstance and estimated date of removal shall be provided to the
inspecting officers.\
\
(Prior Code, § 24-55; Code 1999, § 9-1205; Ord. No. 481(89), 4-17-1989)
::: phx-docs
HISTORY\
*Amended by Ord.
[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link
target="_blank" style="color:#0000EE"} on 8/3/2022\
*
:::
::: phx-name
[Sec 9-1106 Storage
Yard](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1106_Storage_Yard){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All wrecker and towing services, who store, park or maintain
possession of a towed vehicle shall store such vehicles in a secured
facility meeting the following minimum requirements:\
\
1. Construction material for fencing shall be of wood or metal
design, which must allow the facility to remain sight-proof. The
fence must not be less than six feet high and not higher than
eight feet. All lots shall have a least one gate of the same
quality material as the fence and shall be kept closed and
locked unless in use. The fence shall be supported by metal
poles set in concrete footings. All fences shall be kept in good
repair and comply with Section 8-1113(D) of the Moore City
Code;
2. Storage yards shall be designed to be adequate in size for the
individual wrecker services need for storing vehicles. No
vehicles shall be parked or stored outside of the fenced storage
yard other than an employee or customer vehicle that is
operational and not impounded or otherwise stored;
3. A minimum of one primary storage yard shall be located within
Moore City Limits. Each vehicle must be initially stored and
held at the primary yard. After 30 days from the date of initial
storage, vehicles may be moved to a secondary yard;
4. No storage yard shall be located on a lot with another
automotive business without an approved Certificate of Occupancy
dated prior to January 1, 2022. There shall be no renting,
selling, salvaging, dismantling or repair of vehicles in
association with the wrecker and towing service other than what
is required by the state licensing authority. The co-mingling of
vehicles between the two businesses is not allowed;
5. Vehicle staging areas shall be provided inside the storage yard
to allow the loading and unloading of vehicles behind a
sight-proofed fence. No vehicle staging, loading or unloading
shall take place on street right-of-way; and
6. Wrecker and towing services approved prior to April 18, 2022
shall maintain gravel customer parking outside of the storage
yard in good repair at all times, free from wash-outs and
gulleys, to prevent the tracking of mud or dirt onto a public
street. All wrecker and towing services approved after April 18,
2022 shall provide paved customer parking outside of the storage
yard that meets the requirements of Section 12-400 of the Moore
Land Development Code.
2. The license of any wrecker or towing service business existing as of
the date of the passage of this ordinance whose storage yard does
not meet the requirements as set forth in this section shall be
given 1 year from the expiration date of their current license to
become compliant with the Moore City Code.\
\
(Code 1999, § 9-1206; Ord. No. 279(00), 5-1-2000)
::: phx-docs
HISTORY\
*Amended by Ord.
[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link
target="_blank" style="color:#0000EE"} on 8/3/2022\
*
:::
::: phx-name
[Sec 9-1107
Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1107_Parking){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any wrecker to be parked or stored on public or
private property within an area zoned for residential use.\
(Code 1999, § 9-1207; Ord. No. 279(00), 5-1-2000; Ord. No. 669(10),
4-5-2010)
::: phx-docs
HISTORY\
*Amended by Ord.
[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link
target="_blank" style="color:#0000EE"} on 8/3/2022\
*
:::
::: phx-name
[Sec 9-1108 Rotation
Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1108_Rotation_Log){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A wrecker and towing service may apply at any time and be placed on
a list maintained by the police department for the purpose of
referrals. An interested licensee shall file an application with the
Moore Police Department on such forms as may, from time to time, be
developed for that purpose and made available to the public. For a
wrecker and towing service to be placed on the Moore Police
Department Rotation Log, the applicant must hold a valid City of
Moore Wrecker and Towing Service license and agree to the terms and
conditions of the Rotation Agreement.\
2. Referrals shall be directed only to the licensees appearing on said
list. The list may be maintained by the city with any number of
licensees up to and including five. All wrecker and towing services
located on the Rotation Log at time of ordinance passage shall
remain on the Rotation Log until such time as the wrecker and towing
service is removed from the Rotation Log either voluntarily by the
wrecker and towing service or pursuant to Sec. 9-1111.
3. A waiting list to be added to the Rotation Log may be maintained by
the Moore Police Department. If at any time the number of wrecker
and towing service companies on the Rotation Log falls below five,
excepting a temporary suspension from the list, the wrecker and
towing service waiting the longest on the wait list shall be offered
a place on the Rotation Log.
(Code 1999, § 9-1208; Ord. No. 279(00), 5-1-2000)
\
::: phx-docs
HISTORY\
*Amended by Ord.
[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link
target="_blank" style="color:#0000EE"} on 8/3/2022\
*
:::
::: phx-name
[Sec 9-1109 Removal From Rotation
Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1109_Removal_From_Rotation_Log){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any licensed wrecker and towing service may be removed or suspended
from the Rotation Log for not complying with the requirements of
this Chapter or by violating the requirements in the Rotation
Agreement. A Company may be suspended or removed from Rotation for
good cause, or in any case where any of the provisions of this
agreement are violated after notice and hearing upon not less than
ten (10) days\' notice, by certified mail to the last-known address
of the licensee. Such notice shall be calculated from the date of
mailing. The hearing shall be held before a panel comprised of the
Chief of Police, or their designee, Moore City Clerk, the Community
Development Director, or their designee, and the City Attorney, or
their designee. The panel shall determine license revocation or
length of suspension, and other terms and conditions of maintaining
the wrecker and towing service on the Rotation Log.\
\
(Code 1999, § 9-1209; Ord. No. 279(00), 5-1-2000)
::: phx-docs
HISTORY\
*Amended by Ord.
[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link
target="_blank" style="color:#0000EE"} on 8/3/2022\
*
:::
::: phx-name
[Sec 9-1110 Required
Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1110_Required_Services){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any wrecker service listed on the city\'s rotation
log to offer or provide free services for any individual employed by the
city in exchange for future considerations or services.\
\
(Code 1999, § 9-1210; Ord. No. 279(00), 5-1-2000)
::: phx-docs
HISTORY\
*Amended by Ord.
[1002.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1660081509_1002.22.docx){.k-link
target="_blank" style="color:#0000EE"} on 8/3/2022\
*
:::
::: phx-name
[Sec 9-1111 Required
Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1111_Required_Services){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
(Code 1999, § 9-1211; Ord. No. 279(00), 5-1-2000)
::: phx-name
[Sec 9-1112 Removal From Department
Log](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1112_Removal_From_Department_Log){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
(Code 1999, § 9-1212; Ord. No. 279(00), 5-1-2000)
::: phx-name
[CHAPTER 9-12 MASSAGE PARLORS AND HEALTH
SPAS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-12_MASSAGE_PARLORS_AND_HEALTH_SPAS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[ARTICLE 9-12A
GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12A_GENERALLY){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 9-12B LICENSES AND
PERMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12B_LICENSES_AND_PERMITS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 9-12C OPERATING
REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12C_OPERATING_REQUIREMENTS){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Massage Therapy Practice Act, 59 O.S. §
4200.1 et seq.; local regulation of massage therapy preempted, 59 O.S. §
4200.10.\
::: phx-name
[ARTICLE 9-12A
GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12A_GENERALLY){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-1201
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1201_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1202 Inspections
Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1202_Inspections_Authorized){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1203
Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1203_Exemptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1204
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1204_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-1201
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1201_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Employee* means any person at least 18 years of age, other than a
massage therapist, who renders any service in connection with the
operation of a massage business and receives compensation, from the
manager of the business or patrons, but has no physical contact with the
customer.
*Licensee* means the person to whom a license or permit has been issued
to own, operate or manage a massage establishment or to engage in
massaging.
*Manager* means the person owning, controlling, conducting, operating or
managing a massage establishment, but shall not include the massage
therapist, as defined in this section.
*Massage* means any method of pressure on or friction against, or
stroking, kneading, rubbing, tapping, pounding, vibrating, or
stimulating of the external parts of the human body with the hands or
with the aid of any mechanical electrical apparatus or appliances with
or without such supplementary aids as rubbing alcohol, liniments,
antiseptics, oils, powders, creams, lotions, ointment, mud, paraffins,
salts or other such similar preparations commonly used in the practice
of massage, under such circumstances that it is reasonably expected that
the person to whom the treatment is provided or some third person on his
behalf will pay money or give any other consideration or any gratuity
therefor. The term \"massage\" shall include seated massage.
*Massage establishment* means any establishment having a source of
income or compensation derived from the practice of massage as defined
in this section and which has a fixed place of business where any person
engages in or carries on any of the activities as defined in the
definition of the term \"massage\" provided in this section.
*Massage therapist* means any person who, for any consideration
whatsoever, engages in the practice of massage as defined in this
section.
*Off-site massage service* means any business, the functioning of which
is to engage in or carry on massages as defined in this section at a
location designated by the patron or at a location other than at a
massage establishment. Off-site massage service may include seated
massage.
*Patron* means any person, client or customer at least 18 years of age,
or if under 18 years of age with written parental or legal guardian
consent, who receives a massage under such circumstances that it is
reasonably expected that he will pay money or give any other
consideration therefor.
*Person* means any individual, partnership, firm, association, joint
stock company, corporation or combination of individuals of whatever
form or character.
*Seated massage* means any massage of the neck, arms, shoulders and back
area above the waist where the client is fully clothed, sitting in a
special chair designed for upper body massage and done without the use
of supplementary aids, such as rubbing alcohol, liniments, antiseptics,
oils, powders, creams, lotions, ointments, mud, paraffins, salts, or
other similar preparations commonly used in the practice of massage.
Seated massage may be performed either at a massage establishment or
off-site.
*Sexual misconduct* means any criminal conviction, either misdemeanor or
felony, within the city, the state or any other state for the crime of
rape, child molestation, prostitution, acts of lewdness or any crime
where the convicted person is required to register as a sex offender
under the statutes of the state.
*Sexual or genital areas* means the genitals, pubic area, buttocks,
anus, or perineum of any person, or the vulva or breasts of a female.
(Code 1999, § 9-1301; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1202 Inspections
Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1202_Inspections_Authorized){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any department of the city or its designee may inspect any location
where massages are conducted. The chief of police or his authorized
representatives may from time to time make inspection of any massage
location for the purposes of determining that the provisions of this
chapter are fully complied with. It shall be unlawful for any person to
fail to allow such inspection officer access to the premises or hinder
such officer in any manner.
(Code 1999, § 9-1302; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1203
Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1203_Exemptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions of this chapter shall not apply to the following while
they are engaged in the personal performance of the duties of their
respective professions:
1. Physicians, surgeons, chiropractors, osteopaths, or physical
therapists who are duly licensed to practice their respective
professions in the state;
2. Nurses who are registered under the laws of the state;
3. Barbers and beauticians who are duly licensed under the laws of the
state, except that this exemption shall apply solely to the
massaging of the neck, face, scalp and hair; or manicurists or
pedicurists and shall apply solely to the massaging of the hands or
feet of the patron for cosmetic or beautifying purposes;
4. The giving of massages by a licensee or students currently enrolled
in an educational course or program, the purpose of which is to
obtain a degree or certification to perform massages, offered by an
employer for the benefit of its employees, including, but not
limited to, an employer\'s health benefit or wellness program when
offered to employees only, and only during the duration of the
employer sanctioned event; and
5. Students practicing internships at a state licensed massage school
under the direct supervision of a qualified instructor.
(Code 1999, § 9-1303; Ord. No. 552(91), 4-15-1991; Ord. No. 678(10),
9-7-2010; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1204
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1204_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person, except those persons who are specifically exempted by this
chapter, whether acting as an individual manager, employee of the
manager, massage therapist or employee of the massage therapist, or
whether acting as a mere agent or independent contractor for the
manager, employee or massage therapist, or acting as a participant or
worker in any way directly or indirectly who gives massages or operates
a massage establishment or any of the services defined in this chapter
without first obtaining a license or permit and paying a fee to do so
from the city or shall violate any provisions of this chapter shall be
guilty of a misdemeanor and, upon conviction, such person shall be
punished as provided in section 1-108.
(Code 1999, § 9-1304; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[ARTICLE 9-12B LICENSES AND
PERMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12B_LICENSES_AND_PERMITS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[DIVISION 1
GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_1_GENERALLY){.k-link
target="_blank" style="color:#0000EE"}\
[DIVISION 2 MASSAGE ESTABLISHMENT
LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_2_MASSAGE_ESTABLISHMENT_LICENSE){.k-link
target="_blank" style="color:#0000EE"}\
[DIVISION 3 MASSAGE THERAPIST
LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_3_MASSAGE_THERAPIST_LICENSE){.k-link
target="_blank" style="color:#0000EE"}\
[DIVISION 4 OFF-SITE MASSAGE
LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_4_OFF-SITE_MASSAGE_LICENSE){.k-link
target="_blank" style="color:#0000EE"}\
[DIVISION 5 SEATED MASSAGE
LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_5_SEATED_MASSAGE_LICENSE){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[DIVISION 1
GENERALLY](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_1_GENERALLY){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-1211
Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1211_Term){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-1211
Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1211_Term){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every license or permit issued pursuant to the provisions of this
article shall terminate at the expiration of one year from the date of
its issuance unless sooner suspended or revoked. Said license or permit
shall be renewed annually pursuant to the same standards and
requirements set forth in this chapter.
(Code 1999, § 9-1311; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[DIVISION 2 MASSAGE ESTABLISHMENT
LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_2_MASSAGE_ESTABLISHMENT_LICENSE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-1221
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1221_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1222
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1222_Application){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1223 Inspection Of
Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1223_Inspection_Of_Premises){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1224 Facilities Necessary For
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1224_Facilities_Necessary_For_License){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1225
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1225_Issuance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1226
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1226_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1227 Transfer
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1227_Transfer_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1228 Use Of False Names Or Improper
Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1228_Use_Of_False_Names_Or_Improper_Location){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1229
Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1229_Display){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1230 Revocation Or
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1230_Revocation_Or_Suspension){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1231
Appeal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1231_Appeal){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-1221
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1221_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall own, control, lease, act as agent for, conduct, operate,
or manage an establishment for massaging any person without first
securing a license and paying the fee therefor. A separate license shall
be required for each place of business.
(Code 1999, § 9-1312; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1222
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1222_Application){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any person desiring a license for a massage establishment shall file
a written application with the city clerk, license and permit
division. The applicant shall furnish the following information:
1. The type of ownership of the business (i.e., whether individual,
partnership, corporation, or otherwise);
2. The name, style, and designation under which the business or
practice is to be conducted;
3. The business address and all telephone numbers where the
business is to be conducted;
4. A complete list of the names and residence addresses of all
massage therapists and employees in the business and the name
and residence address of the manager or other person principally
in charge of the operation of the business;
5. The following personal information concerning the applicant, if
an individual; and concerning each stockholder holding more than
ten percent of the stock of the corporation, each officer and
each director, if the applicant is a corporation; and concerning
the partners, including limited partners, if the applicant is a
partnership; and concerning the manager or other person
principally in charge of the operation of the business:
1. Name, complete residence address and residence telephone
numbers;
2. The two previous addresses immediately prior to the present
address of the applicant;
3. Written proof that the applicant is at least 18 years of
age;
4. Height, weight, color of hair and eyes, and sex;
5. Two front-face-portrait photographs taken within 30 days of
the date of the application and at least two inches by two
inches in size;
6. The massage or similar business history and experience ten
years prior to the date of application, including, but not
limited to, whether or not such person in previously
operating in this or another city or state under license or
permit has had such license or permit denied, revoked, or
suspended and the reason therefor, and the business
activities or occupations subsequent to such action of
denial, suspension or revocation;
7. All criminal convictions, except misdemeanor traffic
violations; and
8. A complete set of fingerprints taken and to be retained on
file by the police chief or his authorized representatives;
6. Such other information and identification of the applicant as
shall be deemed necessary by the police chief to discover the
truth of the matters hereinbefore required to be set forth in
the application;
7. Authorization for the city, its agents and employees to seek
information and conduct an investigation into the truth of the
statements set forth in the application and the qualifications
of the applicant for the licenses;
8. The names and addresses of three adult residents of the county
who will serve as character references. These references must be
persons other than relatives and business associates; and
9. A written declaration by the applicant, under penalty of
perjury, that the information contained in the application is
true and correct, the declaration being duly dated and signed in
the city.
2. Along with the written application, the applicant shall provide to
the chief of police or his designee, for each employee, licensee,
manager and massage therapist:
1. Two forms of state or federal issued identification, at least
one must have a picture of the applicant;
2. A state criminal history report from the state bureau of
investigation dated no more than 30 days prior to the date the
application was submitted.
(Code 1999, § 9-1313; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1223 Inspection Of
Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1223_Inspection_Of_Premises){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
To ensure compliance with this division, before a license is granted for
any massage establishment the city shall cause an inspection to be made
of the location of the establishment, the equipment and facilities, and
the sanitary conditions. The city\'s inspector shall make a report
thereof in writing, which shall be filed with and become a part of the
application.
(Code 1999, § 9-1314; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1224 Facilities Necessary For
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1224_Facilities_Necessary_For_License){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No license to conduct a massage establishment shall be issued if an
inspection by the city or its designee reveals that the facilities
do not comply with each of the following requirements:
1. If the establishment provides tubs, steam baths and showers,
said facilities shall be made waterproof with approved
waterproofing materials and shall be installed in accordance
with the building and plumbing codes of the city;
2. If the establishment provides steam rooms and shower
compartments, said facilities shall have waterproof floors,
walls and ceilings approved by the city or its designee;
3. If the establishment provides wet and dry heat rooms, the floors
shall be adequately pitched to one or more floor drains properly
connected to the sewer, provided that dry heat rooms with wooden
floors need not be provided with pitched floors and floor
drains;
4. A source of hot water must be available within the immediate
vicinity of dry and wet heat rooms to facilitate cleaning;
5. The premises shall have adequate equipment for disinfecting and
sterilizing non-disposable instruments and materials used in
administering massages. Such non-disposable instruments and
materials shall be disinfected after use on each patron;
6. Protected cabinets shall be provided and used for storage clean
linen, towels and other materials used in connection with
administering massages. All soiled linens, towels and other
materials shall be kept in properly covered containers or
cabinets, which containers or cabinets shall be kept separate
from the clean storage areas;
7. Toilet facilities shall be provided in convenient locations and
shall comply with all building and plumbing codes of the city;
8. Lavatories or washbasins provided with both hot and cold running
water shall be installed in either the toilet room or a
vestibule. Lavatories or washbasins shall be provided with soap
and a dispenser and with sanitary towels;
9. All electrical equipment shall be installed in accordance with
the requirements of the city\'s electrical ordinances; and
10. The establishment shall have adequate equipment such as massage
tables and/or chairs for administering massage. Said equipment
shall be of a washable material and kept clean and in good
repair.
2. Nothing contained herein shall be construed to eliminate other
requirements of statute or ordinance concerning the maintenance of
premises nor to preclude authorized inspection thereof, whenever
such inspection is deemed necessary by the police or city\'s license
and permit division.
(Code 1999, § 9-1315; Ord. No. 552(91), 4-15-1991; Ord. No. 39(92),
11-16-1992; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1225
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1225_Issuance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If the city\'s inspector find no violations or compliance problems, he
shall cause such approval to be delivered to the license and permit
division, who shall issue the license unless it finds:
1. The correct license fee has not been tendered to the city, and, in
the case of a check or bank draft, not honored with payment upon
presentation.
2. The operation, as proposed by the applicant, if permitted, would not
comply with all applicable laws, including, but not limited to, the
city\'s building, zoning and health ordinances.
3. The applicant, if an individual; or any of the stockholders holding
more than ten percent of the stock of the corporation, any of the
officers and directors, if the applicant is a corporation; or any of
the partners, including limited partners, if the applicant is a
partnership; or the manager or other person principally in charge of
the operation of the business, have been convicted of any of the
following offenses:
1. An offense involving the use of force and violence upon the
person of another that amounts to a felony;
2. An offense involving sexual misconduct as defined in section
9-1201; or
3. An offense involving narcotics, dangerous drugs or dangerous
weapons that amounts to a felony.
The city may issue a license to any person convicted of any of the
crimes described above if such conviction occurred at least five
years prior to the date of the application and the applicant has had
no subsequent felony convictions of any nature and no subsequent
misdemeanor convictions for any such crime mentioned above.
4. The applicant has knowingly made any false, misleading, or
fraudulent statement of fact in the application or in any document
required by the city in conjunction therewith.
5. The applicant has had a massage establishment, massage therapist or
other similar permit or license denied, revoked, or suspended by the
city or any other state or local agency within five years prior to
the date of the application.
6. The applicant, if an individual; or any of the officers and
directors, if the applicant is a corporation; or any of the
partners, including limited partners, if the applicant is a
partnership; and the manager or other person principally in charge
of the operation of the business, is not at least 18 years of age;
and
7. The applicant\'s facility has not met the requirements of section
9-1224.
(Code 1999, § 9-1316; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1226
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1226_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A person who is required by the provisions of this article to obtain a
license shall pay to the city the fee established by ordinance or
appropriate resolution. Copies of such ordinance or resolution will be
on file in the office of the city clerk.
(Code 1999, § 9-1317; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1227 Transfer
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1227_Transfer_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A license for the operation of a massage establishment at a particular
location shall never be transferred.
(Code 1999, § 9-1318; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1228 Use Of False Names Or Improper
Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1228_Use_Of_False_Names_Or_Improper_Location){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person granted a license pursuant to this division shall operate the
massage establishment under a name not specified in his license, nor
shall he conduct business under any designation or location not
specified in his license.
(Code 1999, § 9-1319; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1229
Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1229_Display){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person licensed under this division shall display such license in
a prominent place on the licensed premises.
(Code 1999, § 9-1320; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1230 Revocation Or
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1230_Revocation_Or_Suspension){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any license issued for a massage establishment may be revoked or
suspended by the city after notice and hearing upon not less than ten
days\' notice, by certified mail to the last-known address of the
licensee, or personal service on the licensee. Such notice shall be
calculated from the date of mailing or in the case of personal service,
from the date of service upon the licensee. A license or permit issued
under this division may be revoked or suspended by the license or permit
division, for good cause, or in any case where any of the provisions of
this division are violated or where any employee of the licensee,
including a massage therapist, is engaged in any conduct which violates
any of the state or local laws or ordinances and the licensee has actual
or constructive knowledge by due diligence, or upon a finding by the
county health department, that such business is being managed, conducted
or maintained without regard to proper sanitation and hygiene.
(Code 1999, § 9-1321; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1231
Appeal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1231_Appeal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any applicant or licensee whose license has been denied, revoked or
suspended shall have the right to appeal the decision of the
licensing officer to the city council. The city council shall have
the power to sustain, reverse or modify the decision of the
licensing officer.
2. Any person appealing a decision of the licensing officer shall give
written notice of appeal to the city clerk not more than ten days,
exclusive of Saturdays, Sundays and city holidays, after the date of
the decision of the licensing officer. Such notice shall set forth
the reason for the appeal and the specific points on which the
licensing officer allegedly erred.
3. An appeal shall stay any decision of the licensing officer which
would require the discontinuance of an existing licensed activity.
4. A hearing before the city council shall be scheduled within 30 days
from the date the notice of appeal is filed. Notice of such hearing
shall be mailed to the person appealing and all other interested
parties of record, not less than five days prior to such hearing.
(Code 1999, § 9-1322; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[DIVISION 3 MASSAGE THERAPIST
LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_3_MASSAGE_THERAPIST_LICENSE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-1241
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1241_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1242
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1242_Application){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1243 Issuance
Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1243_Issuance_Standards){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1244
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1244_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1245
Posting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1245_Posting){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1246 Revocation Or
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1246_Revocation_Or_Suspension){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-1241
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1241_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person engaged in massaging, including seated massage, shall be
required to obtain a license from the supervisor of licenses before
engaging in the practice of massaging. No such license shall be issued
unless the applicant also is licensed under The Massage Therapy Practice
Act (59 O.S. § 4200.1 et seq.).
(Code 1999, § 9-1331; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1242
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1242_Application){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any person desiring the permit required by the provisions of this
division shall file a written application with the city clerk,
license and permit division. The applicant shall furnish the
following information:
1. The business address and all telephone numbers where the massage
is to be practiced.
2. The following personal information concerning the applicant:
1. Name, complete residence address and residence telephone
numbers;
2. The two previous addresses immediately prior to the present
address of the applicant;
3. Height, weight, color of hair and eyes, and sex;
4. Two front-face-portrait photographs taken within 30 days of
the date of application and at least two inches by two
inches in size;
5. The massage or similar business history and experience ten
years prior to the date of application, including, but not
limited to, whether or not such person in previously has
been operating in this or another city or state under a
license or permit and whether such license or permit, been
denied, revoked, or suspended and the reason therefor, and
the business activities or occupations subsequent to such
action of denial, suspension, or revocation;
6. A complete set of fingerprints taken and to be retained on
file by the police chief or his authorized representatives;
and
7. A copy of a current and valid massage therapist license
issued by the State Board of Cosmetology and Barbering
issued under the Massage Therapy Practice Act (59 O.S. §
4200.1 et seq.).
3. Such other information and identification of the person deemed
necessary by the police chief in order to discover the truth of
the matters required above.
4. Authorization for the city, its agents and employees, to seek
information and conduct an investigation into the truth of the
statements set forth in the application and the qualifications
of the applicant for the permit.
5. A written declaration by the applicant, under penalty of
perjury, that the information contained in the application is
true and correct, the declaration being duly dated and signed in
the city.
6. A statement showing the name and address of the person by whom
the massage therapist is employed, if applicable, and such
massage therapist shall file successive statements if a change
is made in the employment of the massage therapist during the
existence of the permit.
2. Along with the written application, the applicant shall provide to
the chief of police or his designee:
1. Two forms of state or federal issued identification, at least
one must have a picture of the applicant; and
2. A state criminal history report from the state bureau of
investigation dated no more than 30 days prior to the date the
application was submitted.
(Code 1999, § 9-1332; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-docs
HISTORY\
*Amended by Ord.
[901(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346932_Ordinance%20No.%20901%20(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 3/4/2019\
*
:::
::: phx-name
[Sec 9-1243 Issuance
Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1243_Issuance_Standards){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No license shall be issued pursuant to the provisions of this division
if:
1. The correct permit fee has not been tendered to the city, and, in
the case of a check or bank draft, not honored with payment upon
presentation.
2. The applicant has been convicted of any of the following offenses or
convicted or an offense without the state that would have
constituted any of the following offenses if committed within the
state:
1. An offense involving the use of force and violence upon the
person of another that amounts to a felony;
2. An offense involving sexual misconduct as defined in section
9-1201; or
3. An offense involving narcotics, dangerous drugs or dangerous
weapons that amounts to a felony.
The city may issue a permit to any person convicted of any of the
crimes described above if it finds that such conviction occurred at
least five years prior to the date of the application and the
applicant has had no subsequent felony convictions of any nature and
no subsequent misdemeanor convictions for any such crime mentioned
above.
3. The applicant has knowingly made any false, misleading, or
fraudulent statement of fact in the permit application or in any
document required by the city in conjunction therewith.
4. The applicant has had a massage establishment, massage therapists,
or other similar permit or license denied, revoked, or suspended by
the city or any other state or local agency within five years prior
to the date of the application.
5. The applicant is not at least 18 years of age.
(Code 1999, § 9-1333; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1244
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1244_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A person who is required by the provisions of this division to obtain a
permit shall pay to the city the fee established by ordinances or
appropriate resolution. Copies of such ordinance or resolution shall be
on file in the office of the city clerk.
(Code 1999, § 9-1334; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1245
Posting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1245_Posting){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every massage therapist or manager shall post the permit required by
this division in his work area.
(Code 1999, § 9-1335; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[Sec 9-1246 Revocation Or
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1246_Revocation_Or_Suspension){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any license issued for a manager or massage therapist may be revoked or
suspended by the city pursuant to the provision of sections 9-1230 and
9-1231.
(Code 1999, § 9-1336; Ord. No. 552(91), 4-15-1991; Ord. No. 704(11),
9-6-2011)
::: phx-name
[DIVISION 4 OFF-SITE MASSAGE
LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_4_OFF-SITE_MASSAGE_LICENSE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-1251 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1251_License_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1252 Requirements Necessary For A
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1252_Requirements_Necessary_For_A_License){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1253
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1253_Fee){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-1251 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1251_License_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall engage in off-site services as defined in section 9-1201
without first securing a license from the city clerk, license and permit
division, and paying the fee therefor.
(Code 1999, § 9-1341; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1252 Requirements Necessary For A
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1252_Requirements_Necessary_For_A_License){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No license to conduct off-site services shall be issued unless the
following requirements are met:
1. The applicant must have a valid massage therapist license issued by
the city;
2. The applicant shall have adequate means, such as germicide or
alcohol, for disinfecting and sterilizing non-disposable instruments
and materials used in administering massages. Such non-disposable
instruments and materials shall be disinfected after use on each
patron;
3. The applicant shall have adequate means of disinfecting hands prior
to administering a massage;
4. The applicant shall have adequate means of separating linens from
any chemicals, oils, or other wet items; and
5. The applicant shall have adequate equipment, such as a table or
massage chair, for administering massages. Said equipment shall be
of a washable material and kept clean and in good repair.
(Code 1999, § 9-1342; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1253
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1253_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A person who is required by the provisions of this division to obtain a
permit shall pay to the city the fee established by ordinances or
appropriate resolution. Copies of such ordinance or resolution shall be
on file in the office of the city clerk.
(Code 1999, § 9-1343; Ord. No. 704(11), 9-6-2011)
::: phx-name
[DIVISION 5 SEATED MASSAGE
LICENSE](https://moore.municipalcodeonline.com/book?type=ordinances#name=DIVISION_5_SEATED_MASSAGE_LICENSE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-1261 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1261_License_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1262 Requirements Necessary For A
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1262_Requirements_Necessary_For_A_License){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-1261 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1261_License_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall engage in seated massage services as defined in section
9-1201 without first securing a massage therapist license from the city
clerk, license and permit division, and paying the fee therefor.
(Code 1999, § 9-1351; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1262 Requirements Necessary For A
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1262_Requirements_Necessary_For_A_License){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Seated massage, as defined in section 9-1201 may be performed at a
massage establishment or off-site, provided it meets the following
conditions:
1. Seated massage shall only be offered at a commercial or industrial
place of business and only for employees and/or patrons of that
business.
2. Seated massage shall be offered in a public area only, to which all
patrons or employees are provided free access.
3. Chairs/seats used for seated massage shall be constructed of
non-porous, easily cleanable materials and shall be cleaned and
sanitized after each use. Any openings, splits or tears shall be
repaired before the next use.
(Code 1999, § 9-1352; Ord. No. 704(11), 9-6-2011)
::: phx-name
[ARTICLE 9-12C OPERATING
REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-12C_OPERATING_REQUIREMENTS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-1271 Sanitation
Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1271_Sanitation_Generally){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1272 Posting Of
Prices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1272_Posting_Of_Prices){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1273 Employee
Register](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1273_Employee_Register){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1274 Records
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1274_Records_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1275 Employment Of Massage
Therapists](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1275_Employment_Of_Massage_Therapists){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1276 Contagious
Diseases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1276_Contagious_Diseases){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1277 Required
Dress](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1277_Required_Dress){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1278 Sheets And
Towels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1278_Sheets_And_Towels){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1279 Operating
Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1279_Operating_Hours){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1280
Advertising](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1280_Advertising){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1281 Persons Under 18 Prohibited On
Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1281_Persons_Under_18_Prohibited_On_Premises){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1282 Alcoholic Beverages And Low-Point
Beer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1282_Alcoholic_Beverages_And_Low-Point_Beer){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1283 Indecent
Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1283_Indecent_Conduct){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1284 Requirements For Cubicles, Booths,
Etc.](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1284_Requirements_For_Cubicles,_Booths,_Etc.){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1285 Treatment Of Diseased
Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1285_Treatment_Of_Diseased_Persons){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-1271 Sanitation
Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1271_Sanitation_Generally){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every place where a massage is being conducted, including appliances and
apparatus, shall be kept clean and operated in a sanitary condition.
(Code 1999, § 9-1361; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1272 Posting Of
Prices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1272_Posting_Of_Prices){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Price rates for massage services, including seated massage and off-site
services, shall be prominently displayed in a location available to all
prospective customers.
(Code 1999, § 9-1362; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1273 Employee
Register](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1273_Employee_Register){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The licensee or person designated by the licensee of a massage
establishment shall maintain a register of all persons employed at any
time as massage therapists and their permit numbers. Such register shall
be posted at the massage establishment at all times.
(Code 1999, § 9-1363; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1274 Records
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1274_Records_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every massage establishment, manager or permittee or licensee
administering a massage shall maintain an appointment book in which
shall be entered the name of each and every patron, the time, date and
place of service and the service provided.
(Code 1999, § 9-1364; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1275 Employment Of Massage
Therapists](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1275_Employment_Of_Massage_Therapists){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall employ as an operator a massage therapist any person
unless the employee has obtained and has in effect a permit license
issued pursuant to this chapter.
(Code 1999, § 9-1365; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1276 Contagious
Diseases](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1276_Contagious_Diseases){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Except as otherwise provided, no manager of any massage establishment
shall employ or permit any massage therapist to work and no massage
therapist shall work in any establishment or location which is affected
with any infectious, contagious or communicable disease or any disease
which may, by law, be required to be reported to the health department
of the city or of the state.
(Code 1999, § 9-1366; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1277 Required
Dress](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1277_Required_Dress){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All employees of a massage establishment, and all massage therapists,
shall be clean and wear clean, nontransparent outer garments, covering
the sexual and genital areas.
(Code 1999, § 9-1367; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1278 Sheets And
Towels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1278_Sheets_And_Towels){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All places where massage is being conducted shall have clean laundered
sheets and towels in sufficient quantity and which shall be laundered
after each use thereof and stored in a sanitary manner.
(Code 1999, § 9-1368; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1279 Operating
Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1279_Operating_Hours){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No massage establishment or off-site service shall be kept open or
provide massaging between the hours of 10:00 p.m. and 8:00 a.m.
(Code 1999, § 9-1369; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1280
Advertising](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1280_Advertising){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No massage establishment or massage therapist shall place, publish or
distribute, or cause to be placed, published or distributed, any
advertisement, picture, or statement which is known, or through the
exercise of reasonable care should be known, to be false, deceptive or
misleading in order to induce any person to purchase or utilize any
professional massage services. Any advertisement of a massage
establishment or massage therapist shall contain the license number of
said establishment or therapist.
(Code 1999, § 9-1370; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1281 Persons Under 18 Prohibited On
Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1281_Persons_Under_18_Prohibited_On_Premises){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall permit any person under the age of 18 years to come or
remain on the premises of any massage establishment as a massage
therapist, employee, patron, or in any other capacity without
parental/legal guardian presence or written consent, unless such person
is on the premises on lawful business.
(Code 1999, § 9-1371; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1282 Alcoholic Beverages And Low-Point
Beer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1282_Alcoholic_Beverages_And_Low-Point_Beer){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall sell, give, dispense, provide or keep, or cause to be
sold, given, dispensed, provided or kept, any alcoholic beverage as
defined in 37 O.S. § 506, or low-point beer as defined in 37 O.S. §
163.2, on the premises of any massage establishment or place where
massaging is being conducted.
(Code 1999, § 9-1372; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1283 Indecent
Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1283_Indecent_Conduct){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It shall be unlawful for any person, conducting a massage, to place
his hands upon, to touch with any part of his body, to fondle in any
manner, or to massage, a sexual or genital part area of any other
person.
2. It shall be unlawful for any person, in a massage establishment
conducting a massage, to expose his sexual or genital areas, or any
portion thereof, to any other person. It shall also be unlawful for
any person, conducting a massage, to expose the sexual or genital
areas, or any portions thereof, of any other person.
3. It shall be unlawful for any person, while in the presence of any
other person conducting a massage, to fail to conceal with a fully
opaque covering, the sexual or genital areas of his body.
4. It shall be unlawful for any person owning, operating or managing a
massage establishment, knowingly to cause, allow or permit in or
about such massage establishment, any agent, employee, or any other
person under his control or supervision to perform such acts
prohibited in subsection (A), (B) or (C) of this section.
(Code 1999, § 9-1373; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1284 Requirements For Cubicles, Booths,
Etc.](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1284_Requirements_For_Cubicles,_Booths,_Etc.){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It shall be unlawful for any massage to be carried on within any
cubicle, room, booth, or any area which is fitted with a door capable of
being locked. Nothing contained herein shall be construed to eliminate
other requirements of statute or ordinance concerning the maintenance of
premises, nor to preclude authorized inspection thereof, whenever such
inspection is deemed necessary by the police or county health
departments.
(Code 1999, § 9-1374; Ord. No. 704(11), 9-6-2011)
::: phx-name
[Sec 9-1285 Treatment Of Diseased
Persons](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1285_Treatment_Of_Diseased_Persons){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person affected with any contagious disease or with any disease of
the skin shall be treated with a massage.
(Code 1999, § 9-1375; Ord. No. 704(11), 9-6-2011)
::: phx-name
[CHAPTER 9-13
PENALTIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-13_PENALTIES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 9-1301
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1301_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-1301
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1301_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A violation of any of the provisions of this part is punishable as
provided in section 1-108. A violation of this part may also result in
revocation or suspension of a license issued hereunder, in addition to
other penalties or remedies authorized by law.
(Code 1999, § 9-1501)
::: phx-name
[CHAPTER 9-14 TATTOOING, BODY PIERCING AND MEDICAL
MICROPIGMENTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-14_TATTOOING,_BODY_PIERCING_AND_MEDICAL_MICROPIGMENTATION){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[ARTICLE 9-14A TATTOOING, BODY PIERCING, MEDICAL
MICROPIGMENTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14A_TATTOOING,_BODY_PIERCING,_MEDICAL_MICROPIGMENTATION){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 9-14B LICENSES AND
PERMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14B_LICENSES_AND_PERMITS){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Body piercing and tattooing, 21 O.S. § 842.1
et seq.; local regulation of body piercing and tattooing, 21 O.S. §
842.3.\
::: phx-name
[ARTICLE 9-14A TATTOOING, BODY PIERCING, MEDICAL
MICROPIGMENTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14A_TATTOOING,_BODY_PIERCING,_MEDICAL_MICROPIGMENTATION){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-1401 Tattooing, Body Piercing, Medical
Micropigmentation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1401_Tattooing,_Body_Piercing,_Medical_Micropigmentation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1402
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1402_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-1401 Tattooing, Body Piercing, Medical
Micropigmentation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1401_Tattooing,_Body_Piercing,_Medical_Micropigmentation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It shall be unlawful for any person to perform or offer to perform
body piercing or tattooing on a child under 18 years of age. No
person under 18 years of age shall be allowed to receive a tattoo.
No person under 18 years of age shall be allowed to receive a body
piercing procedure unless the parent or legal guardian of such child
gives written consent for the procedure, and the parent or legal
guardian of the child is present during the procedure. No person
shall be allowed to purchase or possess tattoo equipment or supplies
without being licensed either as a state medical micropigmentologist
or as a state tattoo artist.
2. Tattooing shall not be performed upon a person impaired by drugs or
alcohol. A person impaired by drugs or alcohol is considered
incapable of consenting to tattooing and incapable of understanding
tattooing procedures and aftercare suggestions.
3. The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:\
*Apprentice* means any person who is training under the supervision
of a licensed tattoo artist. That person cannot independently
perform the work of tattooing. The term \"apprentice\" also means
any person who is training under the supervision of a licensed body
artist. That person cannot independently perform the work of body
piercing.\
*Artist* means the person who actually performs the body piercing or
tattooing procedure.\
*Body piercing* means a procedure in which an opening is created in
a human body solely for the purpose of inserting jewelry or other
decoration; provided, however, the term does not include ear
piercing.\
*Body piercing operator* means any person who owns, controls,
operates, conducts, or manages any permanent body piercing
establishment whether actually performing the work of body piercing
or not. A mobile unit, including, but not limited to, a mobile home,
recreational vehicle, or any other nonpermanent facility, shall not
be used as a body piercing establishment.\
*Tattoo operator* means any person who owns, controls, operates,
conducts, or manages any permanent tattooing establishment whether
performing the work of tattooing or not, or a temporary location
that is a fixed location at which an individual tattoo operator
performs tattooing for a specified period of not more than seven
days in conjunction with a single event or celebration, where the
primary function of the event or celebration is tattooing.\
*Tattooing* means the practice of producing an indelible mark or
figure on the human body by scarring or inserting a pigment under
the skin using needles, scalpels, or other related equipment,
provided that medical micropigmentation, performed pursuant to the
provisions of the Oklahoma Medical Micropigmentation Regulation Act,
shall not be construed to be tattooing.
4. This chapter shall not apply to any act of a licensed practitioner
of the healing arts performed in the course of such practitioner\'s
practice of the practitioner.
(Code 1999, § 9-1600; Ord. No. 555(06), 9-18-2006)
::: phx-docs
HISTORY\
*Amended by Ord.
[914(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287986_Ordinance%20914(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/3/2019\
*
:::
::: phx-name
[Sec 9-1402
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1402_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All body piercing operators, tattoo operators and artists shall be
prohibited from performing body piercing or tattooing unless
licensed in the appropriate category by the state department of
health.
2. The city shall not grant or issue a license to a body piercing or
tattoo operator if the place of business of the body piercing or
tattoo operator is within 1,000 feet of a church, school, or
playground.
1. The provisions of this subsection (B) shall not apply to the
renewal of licenses or to new applications for locations where
body piercing or tattoo operators are licensed at the time the
application is filed with the department.
2. The following words, terms and phrases, when used in this
subsection (B), shall have the meanings ascribed to them in this
subsection, except where the context clearly indicates a
different meaning:\
\
*Church* means an establishment, other than a private dwelling,
where religious services are usually conducted\
\
*Playground* means a place, other than grounds at a private
dwelling, that is provided by the public or members of a
community for recreation.\
*\
School* means an establishment, other than a private dwelling,
where the usual processes of education are usually conducted.\
(Code 1999, § 9-1601; Ord. No. 555(06), 9-18-2006)
::: phx-name
[ARTICLE 9-14B LICENSES AND
PERMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_9-14B_LICENSES_AND_PERMITS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 9-1411
Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1411_Term){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1412
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1412_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1413
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1413_Application){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1414
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1414_Issuance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1415
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1415_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1416 Transfer
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1416_Transfer_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1417 Use Of False Names Or Improper
Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1417_Use_Of_False_Names_Or_Improper_Location){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1418
Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1418_Display){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1419 Revocation Or
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1419_Revocation_Or_Suspension){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1420
Appeal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1420_Appeal){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 9-1411
Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1411_Term){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every license or permit issued pursuant to the provisions of this
article shall terminate at the expiration of one year from the date of
its issuance unless sooner suspended or revoked.
(Code 1999, § 9-1602; Ord. No. 555(06), 9-18-2006)
::: phx-name
[Sec 9-1412
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1412_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No body piercing operator, tattooing operator or artist shall own,
control, lease, act as agent for, conduct, operate, or manage an
establishment for tattooing or body piercing without first securing a
license and paying the fee therefor. A separate license shall be
required for each office or place of business.
(Code 1999, § 9-1603; Ord. No. 555(06), 9-18-2006)
::: phx-name
[Sec 9-1413
Application](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1413_Application){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any body piercing operator, tattooing operator, or artist desiring a
license for tattooing or body piercing shall file a written application
with the city clerk, license and permit division. The applicant shall
furnish the following information:
1. A state department of health license issued in the appropriate
category;
2. The type of ownership of the business (i.e., whether individual,
partnership, corporation, or otherwise);
3. The name, style, and designation under which the business or
practice is to be conducted;
4. The business address and all telephone numbers where the business is
to be conducted;
5. A complete list of the names and residence address of all operators
and employees in the business and the name and residence address of
the manager or other person principally in charge of the operation;
6. The following personal information concerning the applicant, if an
individual; and concerning each stockholder holding more than ten
percent of the stock of the corporation, each officer and each
director, if the applicant is a corporation; and concerning the
partners, including limited partners, if the applicant is a
partnership; and the holder of any lien, of any nature, upon the
business or the equipment used therein; and concerning the manager
or other person principally in charge of the operation of the
business:
1. Name, complete residence address and residence telephone
numbers;
2. The two previous addresses immediately prior to the present
address of the applicant;
3. Written proof that the applicant is at least 18 years of age;
4. Height, weight, color of hair and eyes, and sex;
5. Two front-face-portrait photographs taken within 30 days of the
date of the application and at least two inches by two inches in
size;
6. All criminal convictions, except misdemeanor traffic violations;
and
7. A complete set of fingerprints taken and to be retained on file
by the police chief or his authorized representatives;
7. Such other information, identification, and physical examination of
the applicant as shall be deemed necessary by the police chief to
discover the truth of the matters hereinbefore required to be set
forth in the application;
8. Authorization for the city, its agents and employees to seek
information and conduct an investigation into the truth of the
statements set forth in the application and the qualifications of
the applicant for the permit.
(Code 1999, § 9-1604; Ord. No. 555(06), 9-18-2006)
::: phx-docs
HISTORY\
*Amended by Ord.
[914(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287986_Ordinance%20914(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/3/2019\
*
:::
::: phx-name
[Sec 9-1414
Issuance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1414_Issuance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If the city\'s inspectors find no violations or compliance problems, the
inspector shall cause such approval to be delivered to the license and
permit division who shall issue the license unless it finds:
1. The current license fee has not been tendered to the city, and, in
the case of a check or bank draft, not honored with payment upon
presentation.
2. The operation, as proposed by the applicant, if permitted, would not
comply with all applicable laws, including, but not limited to, the
city\'s building, zoning and health ordinances.
3. The applicant has knowingly made any false, misleading, or
fraudulent statement of fact in the application or in any document
therewith.
4. The applicant has attached copies of all state certificates and
surety bonds approved by the state attorney general and filed in the
office of the secretary of state.
(Code 1999, § 9-1605; Ord. No. 555(06), 9-18-2006)
::: phx-name
[Sec 9-1415
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1415_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A person who is required by the provisions of this article to obtain a
license shall pay to the city the fee established by ordinance or
appropriate resolution.
(Code 1999, § 9-1606; Ord. No. 555(06), 9-18-2006)
::: phx-name
[Sec 9-1416 Transfer
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1416_Transfer_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A license for the operation of a tattoo or body piercing establishment
at a particular location shall never be transferred.
(Code 1999, § 9-1607; Ord. No. 555(06), 9-18-2006)
::: phx-name
[Sec 9-1417 Use Of False Names Or Improper
Location](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1417_Use_Of_False_Names_Or_Improper_Location){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person granted a license pursuant to this article shall operate the
tattoo or body piercing establishment under a name not specified in his
license, nor shall he conduct business under any designation or location
not specified in his license.
(Code 1999, § 9-1608; Ord. No. 555(06), 9-18-2006)
::: phx-name
[Sec 9-1418
Display](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1418_Display){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person licensed under this article shall display such license in a
prominent place on the licensed premises.
(Code 1999, § 9-1609; Ord. No. 555(06), 9-18-2006)
::: phx-name
[Sec 9-1419 Revocation Or
Suspension](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1419_Revocation_Or_Suspension){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any license issued for tattoo or body piercing may be revoked or
suspended by the city after notice and hearing upon not less than ten
days\' notice, by certified mail to the last-known address of the
licensee, or personal service on the licensee. Such notice shall be
calculated from the date of mailing or in the case of personal service,
from the date of service upon the license. A license or permit issued
under this article may be revoked or suspended by the license or permit
division, for good cause, or in any case where any of the provisions of
this chapter are violated or where any employee of the manager licensee,
including an operator, is engaged in any conduct which violates any of
the state or local laws or ordinances at the licensee\'s place of
business and the manager licensee has actual or constructive knowledge
by due diligence, or upon a finding by the county health department,
that such business is being managed, conducted or maintained without
regard to proper sanitation and hygiene.
(Code 1999, § 9-1610; Ord. No. 555(06), 9-18-2006)
::: phx-name
[Sec 9-1420
Appeal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1420_Appeal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any applicant or licensee whose license has been denied, revoked or
suspended shall have the right to appeal the decision of the
licensing officer to the city council. The city council shall have
the power to sustain, reverse or modify the decision of the
licensing officer.
2. Any person appealing a decision of the licensing officer shall give
written notice of appeal to the city clerk not more than ten days,
exclusive of Saturdays, Sundays and city holidays, after the date of
the decision of the licensing officer. Such notice shall set forth
the reason for the appeal and the specific points on which the
licensing officer allegedly erred.
3. An appeal shall stay any decision of the licensing officer which
would require the discontinuance of an existing licensed activity.
4. A hearing before the city council shall be scheduled within 30 days
from the date the notice of appeal is filed. Notice of such hearing
shall be mailed to the person appealing and all other interested
parties of record, not less than five days prior to such hearing.
(Code 1999, § 9-1611; Ord. No. 555(06), 9-18-2006)
::: phx-name
[CHAPTER 9-15 HOME
OCCUPATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_9-15_HOME_OCCUPATIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 9-1501 Purpose And
Intent](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1501_Purpose_And_Intent){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1502 Home
Occupations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1502_Home_Occupations){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1503 Applicability And
Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1503_Applicability_And_Exemptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 9-1504 Action Regarding Complaints And Violation Of
Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1504_Action_Regarding_Complaints_And_Violation_Of_Standards){.k-link
target="_blank" style="color:#0000EE"}\
::: phx-docs
HISTORY\
*Adopted by Ord.
[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/7/2021\
*
:::
::: phx-name
[Sec 9-1501 Purpose And
Intent](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1501_Purpose_And_Intent){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The City Council hereby finds that there is a need to permit residents
of the community a broad choice in the use of their homes as a place of
livelihood and for the production or supplementing of personal and
family income. It is the intent of the city council to:
1. Protect residential areas from potential adverse impact of
activities defined as home occupations.
2. Establish measurable and comprehensive criteria and standards for
the use of residential structures for home occupations.
3. Protect the public interest by enabling certain business activities
to be conducted from within residential properties subject to
limitations that will protect residential neighborhoods from the
potential impacts of such business activities.
::: phx-docs
HISTORY\
*Adopted by Ord.
[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/7/2021\
*
:::
::: phx-name
[Sec 9-1502 Home
Occupations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1502_Home_Occupations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A home occupation is any occupation or profession carried on in a
residence which is clearly incidental and secondary to the residential
use of the premises. Residents of a dwelling unit may conduct home
occupations as accessory activities, provided the residents observe the
following standards:\
1. Home occupations shall exhibit no evidence that a business is being
conducted from the premises. A home occupation shall not permit:
1. Outside volunteers or employees to be engaged in the business
activity other than the persons principally residing on the
premises;
2. Exterior signage which identifies the property as a business
location.
2. The total area devoted to all home occupation(s) shall not exceed 10
percent of the gross floor area of the dwelling or housekeeping
unit. Areas within attached private garages and accessory storage
buildings shall not be considered part of the dwelling unit for
purposes of calculating allowable home occupation area but may be
used for indoor storage of goods associated with the home
occupation, as well as for the home occupation itself.
3. All on-site activities of the home occupation(s) shall be conducted
indoors; no outside storage is allowed.
4. The following activities are examples of permitted home occupations:
1. Dressmaking, seamstresses, tailors;
2. Artists and sculptors;
3. Resident owned and operated beauty and/or barbershops (limited
to one chair);
4. Tutoring limited to two students at a time;
5. Home crafts, such as model making, rug weaving, and lapidary
work;
6. Office facility of a minister, rabbi, or priest;
7. Office facility of a salesman, sales representative or
manufacture\'s representative;
8. Office facility of a professional;
9. Repair shop for small (less than 1.5 cubic feet) household
items;
10. Telephone answering or soliciting;
11. Computer programming and small scale repair;
12. Home cooking and preserving;
13. Music and arts instruction (limited to two students at a time);
14. Massage therapist;
15. Typing/word processing service;
16. Personal training (no more than two persons in a group); and
17. Pet grooming (limited to two pets at a time).\
\
Additional uses may be allowed which meet the intent of this
chapter, if not specifically prohibited by subsection E below.
5. The following activities shall be prohibited as home occupations:
1. Repair, building or servicing of vehicles;
2. Antique shop;
3. Gift shop;
4. Veterinary clinic or hospital;
5. Painting of vehicles, trailers or boats;
6. Large appliance repair (including stoves, refrigerators, washers
and dryers);
7. Upholstering;
8. Cabinet and woodworking shops;
9. Machine and sheet metal shops;
10. Martial arts or dance/aerobics studio;
11. Small engine repair and any use which may include hazardous
chemicals;
12. Dispensing of medical drugs or other items which may be
potentially hazardous to the surrounding area;
13. Parking and storage of heavy equipment;
14. Storage and/or distribution for use on other properties of
building materials, toxic or flammable materials, fertilizer,
and spray painting or spray finishing operations that involve
toxic or flammable materials which, in the judgement of the Fire
Marshal, pose a dangerous risk to the residence, its occupants,
and/or surrounding properties;
15. Retail sales;
16. Mortuaries;
17. Dancing studios, exercise studios;
18. Private clubs;
19. Restaurants; and
20. Medical marijuana sales, production, and collective gardens.
6. Sales shall be limited to mail order and telephone sales, with
off-site delivery. No on-site retail sales are permitted.
7. Services to patrons shall be arranged by appointment or provided off
site.
8. The home occupation(s) shall not use electrical or mechanical
equipment that results in:
1. A change to the fire rating of the structure(s) used for the
home occupation(s);
2. Visual or audible interference in radio or television receivers,
or electronic equipment located off premises; or
3. Fluctuations in line voltage off premises.
9. There shall be no offensive noise, vibration, smoke, dust, odors,
heat, light or glare noticeable at or beyond the property line
resulting from the operation.
10. The home occupation shall not pave any additional area beyond the
normal paved area of a driveway for the purpose of accommodating
additional off street parking.
11. No business involving the pickup or delivery of good or products
will be conducted between the hours of 7:00 pm and 7:00 am.
12. The home occupation shall not include the remodeling of the exterior
of the dwelling or the accessory structure that changes the
residential character.
::: phx-docs
HISTORY\
*Adopted by Ord.
[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/7/2021\
*
:::
::: phx-name
[Sec 9-1503 Applicability And
Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1503_Applicability_And_Exemptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall carry on a home occupation, or permit such use to
occur on property which that person owns or is in lawful control of,
contrary to the provisions of this chapter.
2. Home occupation regulations shall not apply to:
1. Conducting of occasional \"host\" parties where goods, such as
cosmetic supplies, are sampled or displayed;
2. Paperwork and similar activities performed by residents, who may
have a primary office elsewhere and when no additional traffic
is generated;
3. Services or activities that are not performed at the residence,
such as newspaper delivery, and babysitting;
4. Garage sales, subject to the requirements of the City of Moore;
5. Hobbies that do not result in payment to those engaged in such
activity; and
3. A maximum of one home occupation may be conducted on a property.
::: phx-docs
HISTORY\
*Adopted by Ord.
[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/7/2021\
*
:::
::: phx-name
[Sec 9-1504 Action Regarding Complaints And Violation Of
Standards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_9-1504_Action_Regarding_Complaints_And_Violation_Of_Standards){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Complaints. The City of Moore or the public may originate
complaints. Complaints from the public shall clearly state the
objection to the home occupation, such as but not limited to:
1. Generation of excessive traffic;
2. Exclusive use of on-street parking spaces; or
3. Other offensive activities not compatible with a residential
neighborhood.
2. Review of Complaints. The community development director, and/or
his/her designee, shall review written complaints. The community
development director and/or his/her designee shall notify the
operator in writing of the complaints and the operator shall have 10
days to provide a written response to the complaints. Within 10 days
of the filing of the written response of the operator, the director
shall either approve the use as it exists, order the home occupation
to cease, or compel measures to be taken to ensure compatibility
with the neighborhood and conformance with this chapter and provide
written notice to the operator of the director\'s decision.
3. Cessation of Home Occupation Pending Review. If it is determined by
the community development director, and/or his/her designee, in the
exercise of reasonable discretion, that the home occupation is
question will affect public health and safety, the use may be
ordered to cease, pending city council review and/or exhaustion of
all appeals.
4. City Council Review. The City Council shall either approve the use
as it exists, compel suitable restrictions and conditions to ensure
compatibility with the neighborhood, or order the cessation of the
Home Occupation.
5. Penalty. If a personal violates subsection (C) or (D) of this
section after the community development director or City Council has
ordered the occupation to cease, it shall be considered an offence
punishable as provided in section 1-108 and 1-109.
::: phx-docs
HISTORY\
*Adopted by Ord.
[970(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_970(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/7/2021\
*
:::
::: {.phx-name .phx-break}
[PART 10 OFFENSES AND
CRIMES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_10_OFFENSES_AND_CRIMES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[CHAPTER 10-1 GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-1_GENERAL_PROVISIONS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 10-2 OFFENSES AGAINST
PERSONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-2_OFFENSES_AGAINST_PERSONS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 10-3 OFFENSES AGAINST
PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-3_OFFENSES_AGAINST_PROPERTY){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 10-4 OFFENSES AGAINST PUBLIC
PEACE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-4_OFFENSES_AGAINST_PUBLIC_PEACE){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 10-5 OFFENSES AGAINST THE
PUBLIC](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-5_OFFENSES_AGAINST_THE_PUBLIC){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 10-6 OFFENSES AGAINST PUBLIC
AUTHORITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-6_OFFENSES_AGAINST_PUBLIC_AUTHORITY){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 10-7 GANG-RELATED
ACTIVITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-7_GANG-RELATED_ACTIVITIES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 10-8 JUVENILE
OFFENSES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-8_JUVENILE_OFFENSES){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[CHAPTER 10-1 GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-1_GENERAL_PROVISIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 10-101 Attempts To Commit An
Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-101_Attempts_To_Commit_An_Offense){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-102 Aiding In An
Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-102_Aiding_In_An_Offense){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-103 \"Offense\"
Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-103_%22Offense%22_Defined){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-104 \"Violation\"
Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-104_%22Violation%22_Defined){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-105 Penalty Not To Excuse
Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-105_Penalty_Not_To_Excuse_Offense){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-106 Capacity To Commit
Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-106_Capacity_To_Commit_Offense){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-107 Intoxication, No
Defense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-107_Intoxication,_No_Defense){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-108 Witness,
Self-Incrimination](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-108_Witness,_Self-Incrimination){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-109
Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-109_Nuisances){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-110
Conspiracy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-110_Conspiracy){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-111 Limitations Of
Actions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-111_Limitations_Of_Actions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-112 Lawful Use Of
Force](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-112_Lawful_Use_Of_Force){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 10-101 Attempts To Commit An
Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-101_Attempts_To_Commit_An_Offense){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person who attempts to commit an offense against the ordinances of
the city, and in such attempt does any act toward the commission of such
offense, but fails or is prevented or intercepted in the perpetration
thereof, is guilty of an offense, and shall be punished in the manner
prescribed for the attempted offense itself.
(Prior Code, § 16-1; Code 1999, § 10-101)
**State Law reference**--- Attempts to commit crimes, 21 O.S. § 41 et
seq.
::: phx-name
[Sec 10-102 Aiding In An
Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-102_Aiding_In_An_Offense){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
When no punishment for counseling or aiding in the commission of a
particular offense is expressly prescribed by ordinance, every person
who counsels or aids another in the commission of such is guilty of an
offense, or misdemeanor, and punishable in the same manner as the
principal offender.
(Prior Code, § 16-2; Code 1999, § 10-102)
::: phx-name
[Sec 10-103 \"Offense\"
Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-103_%22Offense%22_Defined){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The term \"offense,\" whenever used in this Code or in any part,
chapter, article or ordinance of the city, means the unlawful act of
doing, or failing to do, some particular act or thing construed therein
to be detrimental to the general welfare, morals, peace, health or
safety of the inhabitants of the city.
(Code 1999, § 10-103)
::: phx-name
[Sec 10-104 \"Violation\"
Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-104_%22Violation%22_Defined){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The doing of any of the acts or things prohibited, or failing to do any
of the acts or things commanded to be done, as more fully specified and
set forth by any provision of this Code or any part, chapter or article
hereof, or future ordinances of the city, is hereby declared to be an
offense against the good order, public peace, morals, health, proper
government and welfare of the city and unlawful.
(Code 1999, § 10-104)
::: phx-name
[Sec 10-105 Penalty Not To Excuse
Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-105_Penalty_Not_To_Excuse_Offense){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The imposition of one penalty for an offense shall not excuse it or
permit it to continue, nor prevent the imposition of further penalties,
should the offenses be continued or permitted to continue.
(Code 1999, § 10-105)
::: phx-name
[Sec 10-106 Capacity To Commit
Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-106_Capacity_To_Commit_Offense){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All persons are capable of committing an offense as herein provided,
except those belonging to the classes following:
1. Children under the age of seven years;
2. Children over the age of seven years, but under the age of 14 years,
in the absence of proof that at the time of committing the act or
neglect charged against them they knew its wrongfulness;
3. Persons who are impaired by reason of mental retardation upon proof
that at the time of committing the act charged against them they
were incapable of knowing its wrongfulness;
4. Mentally ill persons, and all persons of unsound mind, including
persons temporarily or partially deprived of reason, upon proof that
at the time of committing the act charged against them they were
incapable of knowing its wrongfulness;
5. Persons who committed the act, or made the omission charged, under
an ignorance or mistake of fact which disproves any criminal intent.
But ignorance of the law does not excuse from punishment for its
violation;
6. Persons who committed the act charged without being conscious
thereof; and
7. Persons who committed the act, or made the omission charged, while
under involuntary subjection to the power of superiors.
(Code 1999, § 10-106)
**State Law reference**--- Similar provisions, 21 O.S. § 152.
::: phx-name
[Sec 10-107 Intoxication, No
Defense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-107_Intoxication,_No_Defense){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No act committed by any person while in a state of intoxication, whether
from liquor or drugs, shall be deemed less an offense by reason of his
being in such condition.
(Code 1999, § 10-107)
**State Law reference**--- Similar provisions, 21 O.S. § 153.
::: phx-name
[Sec 10-108 Witness,
Self-Incrimination](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-108_Witness,_Self-Incrimination){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person otherwise competent as a witness shall be incapacitated,
excused or disqualified from testifying concerning the offense mentioned
in any section, division, article, chapter or part of this Code, or any
ordinances hereafter enacted on the ground that his testimony might
incriminate him, but the testimony which may be given by such witness
shall in no case be used against him.
(Code 1999, § 10-108)
::: phx-name
[Sec 10-109
Nuisances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-109_Nuisances){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful and an offense for any person to permit, maintain, aid,
abet, or sanction a nuisance on or about any premises owned by him or
under his control at any place within the corporate limits of the city.
(Code 1999, § 10-109)
**State Law reference**--- Nuisances, 21 O.S. § 1 et seq.
::: phx-name
[Sec 10-110
Conspiracy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-110_Conspiracy){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any two or more persons assembled or who shall assemble with the intent
to mutually agree to do any unlawful act with force or violence and
shall make any movement therefor against the property of the city or the
person or property of another person shall be guilty of an offense.
(Code 1999, § 10-110)
**State Law reference**--- Conspiracy, 21 O.S. § 421 et seq.
::: phx-name
[Sec 10-111 Limitations Of
Actions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-111_Limitations_Of_Actions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The time within which a charge may be filed under the provisions of this
chapter shall be one year from the date of the commission or omission or
in cases involving fraud, deception or deceit, one year from the
discovery of the fraud, deception or deceit, unless otherwise provided
by the statutes of the state.
(Code 1999, § 10-111)
::: phx-name
[Sec 10-112 Lawful Use Of
Force](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-112_Lawful_Use_Of_Force){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. To use or to attempt to offer to use force upon or toward the person
of another is not unlawful in the city in the following cases:
1. When necessarily committed by a public officer in the
performance of any legal duty, or by any other person assisting
him or acting by his direction;
2. When necessarily committed by any person in arresting one who
has committed any felony, and delivering him to a public officer
competent to receive him in custody;
3. When committed either by the party about to be injured, or by
any other person in his aid or defense, in preventing or
attempting to prevent an offense against his person, or any
trespass or other unlawful interference with real or personal
property in his lawful possession, provided the force used is
not more than sufficient to prevent such offense, and that the
same shall be necessary for the self-defense of his person or
property;
4. When committed by a parent or authorized agent of any parent, or
by any guardian, master or teacher, in the exercise of a lawful
authority to restrain or correct his child, ward, apprentice or
scholar, provided restraint or correction has been rendered
necessary by the misconduct of such child, ward, apprentice or
scholar, or by his refusal to obey the lawful command of such
parent or authorized agent or guardian, master or teacher, and
the force used is reasonable in manner and moderate in degree;
5. When committed by a carrier of passengers, or the authorized
agents or servants of such carrier, or by any person assisting
them at their request, in expelling from any carriage,
interurban car, vessel or other vehicle, any passenger who
refuses to obey a lawful and reasonable regulation prescribed
for the conduct of passengers, if such vehicle has first been
stopped and the force used is not more than is sufficient to
expel the offending passenger, with a reasonable regard to his
personal safety;
6. When committed by any person in preventing an idiot, lunatic,
insane person or other person of unsound mind, including persons
temporarily or partially deprived of reason, from committing an
act dangerous to himself or to another, or enforcing such
restraint as is necessary for the protection of his person or
for his restoration to health, during such period only as shall
be necessary to obtain legal authority for the restraint or
custody of such person;
7. In preventing or interrupting an intrusion upon the lawful
possession of property; and
8. To preserve the peace or prevent the commission of an offense.
2. Where force is permitted to effect a lawful purpose only that degree
of force necessary to effect such purpose shall be used.
(Code 1999, § 10-112)
**State Law reference**--- Similar provisions, 21 O.S. § 643.
::: phx-name
[CHAPTER 10-2 OFFENSES AGAINST
PERSONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-2_OFFENSES_AGAINST_PERSONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 10-201 Assault And
Battery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-201_Assault_And_Battery){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-202 \"Assault\"
Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-202_%22Assault%22_Defined){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-203 \"Battery\"
Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-203_%22Battery%22_Defined){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-204 Reckless
Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-204_Reckless_Conduct){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 10-201 Assault And
Battery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-201_Assault_And_Battery){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall commit an assault or battery, or both, upon the person
of another.
(Prior Code, § 16-76; Code 1999, § 10-201)
**State Law reference**--- Assault and battery generally, 21 O.S. § 641
et seq.; city\'s power to prevent, 11 O.S. § 22-110.
::: phx-name
[Sec 10-202 \"Assault\"
Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-202_%22Assault%22_Defined){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
An assault is any willful and unlawful attempt or offer with force or
violence to do corporal hurt to another.
(Prior Code, § 16-76; Code 1999, § 10-202)
**State Law reference**--- Similar provisions, 21 O.S. § 641.
::: phx-name
[Sec 10-203 \"Battery\"
Defined](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-203_%22Battery%22_Defined){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A battery is any willful and unlawful use of force or violence upon the
person of another.
(Prior Code, § 16-76; Code 1999, § 10-203)
**State Law reference**--- Similar provisions, 21 O.S. § 642.
::: phx-name
[Sec 10-204 Reckless
Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-204_Reckless_Conduct){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Reckless conduct, as used in this section, consists of an act which
creates a situation of unreasonable risk and probability of death or
great bodily harm to another and which demonstrates a conscious
disregard for the safety of another.
2. It is unlawful for any person to endanger another\'s safety by
reckless conduct in the operation or handling of any weapon or
instrument, including a pistol, revolver or other firearm.
(Prior Code, § 16-77; Code 1999, § 10-204)
**State Law reference**--- Similar provisions, 21 O.S. § 1289.11.
::: phx-name
[CHAPTER 10-3 OFFENSES AGAINST
PROPERTY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-3_OFFENSES_AGAINST_PROPERTY){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 10-301 Petit Larceny, And Larceny Of Lost
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-301_Petit_Larceny,_And_Larceny_Of_Lost_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-302 Larceny By False
Pretense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-302_Larceny_By_False_Pretense){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-303 Altering
Keys](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-303_Altering_Keys){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-304 Possession Of Stolen
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-304_Possession_Of_Stolen_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-305 Defrauding Public Accommodations; Proof;
Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-305_Defrauding_Public_Accommodations;_Proof;_Exception){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-306 Concealing Unpurchased Merchandise, Merchant\'s Authority To
Detain](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-306_Concealing_Unpurchased_Merchandise,_Merchant's_Authority_To_Detain){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-307 Failure To Pay Fare For Public
Conveyance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-307_Failure_To_Pay_Fare_For_Public_Conveyance){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-308 False Or Bogus
Checks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-308_False_Or_Bogus_Checks){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-309 Harmful
Deception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-309_Harmful_Deception){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-310 Defacing Building, Damaging
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-310_Defacing_Building,_Damaging_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-311 Removing Or Breaking Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-311_Removing_Or_Breaking_Private_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-312 Damaging Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-312_Damaging_Private_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-313 Public Works Under
Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-313_Public_Works_Under_Construction){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-314 Damaging Or Tampering With Motor
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-314_Damaging_Or_Tampering_With_Motor_Vehicle){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-315 Tampering With Or Damaging Of
Utilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-315_Tampering_With_Or_Damaging_Of_Utilities){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-316 Destroying Trees And
Shrubbery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-316_Destroying_Trees_And_Shrubbery){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-317 Trespassing Prohibited, Notice,
Soliciting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-317_Trespassing_Prohibited,_Notice,_Soliciting){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-318 Congregating, Parking On-Premises After
Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-318_Congregating,_Parking_On-Premises_After_Hours){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-319 Unlawful Intrusion On
Land](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-319_Unlawful_Intrusion_On_Land){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-320 Throwing Or Shooting At Persons Or
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-320_Throwing_Or_Shooting_At_Persons_Or_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-321 Throwing Out Lighted Substances Or Debris
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-321_Throwing_Out_Lighted_Substances_Or_Debris_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-322 Littering, Deposits
Unlawful](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-322_Littering,_Deposits_Unlawful){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-323 Posting Advertising, Other Matter On Building Of
Another](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-323_Posting_Advertising,_Other_Matter_On_Building_Of_Another){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-324 Posting Advertising, Other Matter On Utility Poles Or On Or
Over Streets And
Sidewalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-324_Posting_Advertising,_Other_Matter_On_Utility_Poles_Or_On_Or_Over_Streets_And_Sidewalks){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-325 False
Weights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-325_False_Weights){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-326 Electric Fences
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-326_Electric_Fences_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-327 Unlawful Use Of Another\'s Garbage Or Refuse
Container](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-327_Unlawful_Use_Of_Another's_Garbage_Or_Refuse_Container){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-328 Fireworks Prohibited;
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-328_Fireworks_Prohibited;_Exceptions){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 10-301 Petit Larceny, And Larceny Of Lost
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-301_Petit_Larceny,_And_Larceny_Of_Lost_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall steal, take and carry away by fraud or stealth, with
intent to deprive another thereof, any personal property under the
value of \$1,000.00 or such other amount constituting a misdemeanor
under statute or embezzle any money, personal property or effects of
another under the value of \$1,000.00 or less or such other amount
constituting a misdemeanor under statute. This subsection does not
apply to taking property from the person of another.
2. One who finds lost property of the value of \$1,000.00 or less or
such other amount constituting a misdemeanor under statute, under
circumstances which gives him knowledge or means of inquiry as to
the true owner, and who appropriates such property to his own use,
or to the use of another person who is not entitled thereto, without
having first made such effort as the circumstances render reasonable
and just to find the owner and restore the property to him, is
guilty of a petit larceny.
(Prior Code, §§ 16-91, 16-93; Code 1999, § 10-301)
**State Law reference**--- Larceny, 21 O.S. § 1701 et seq.;
embezzlement, 21 O.S. § 1451 et seq.
::: phx-docs
HISTORY\
*Amended by Ord.
[778(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601324940_Ordinance%20No.%20778%20(14).pdf){.k-link
target="_blank" style="color:#0000EE"} on 7/7/2014\
*
:::
::: phx-name
[Sec 10-302 Larceny By False
Pretense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-302_Larceny_By_False_Pretense){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall induce, or attempt to induce, any person to give up or
pay over any money or other thing of value which money or value does not
exceed \$1,000.00 or less or such other amount constituting a
misdemeanor under statute, by any false representation or pretense, or
in exchange for any false or bogus coin or check, draft or other false
evidence of value, or in consideration of refraining from a lawful or
unlawful arrest or in consideration of refraining from reporting any
unlawful act to any public official.
(Prior Code, §§ 16-105, 16-107, in part; Code 1999, § 10-302)
**State Law reference**--- False pretenses, 21 O.S. § 1541.1 et seq.
::: phx-docs
HISTORY\
*Amended by Ord.
[791(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325523_Ordinance%20No.%20791%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/1/2015\
*
:::
::: phx-name
[Sec 10-303 Altering
Keys](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-303_Altering_Keys){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall make or alter or attempt to make or alter any key or
other instrument that will open the lock of a building unless requested
to do so by some person having the right and authority to make such
request.
(Code 1999, § 10-303)
::: phx-name
[Sec 10-304 Possession Of Stolen
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-304_Possession_Of_Stolen_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall keep in his possession, or dispose of, or conceal any
stolen property, or fail promptly to inform some proper official of the
possession thereof, under circumstances indicating that such property
had been stolen or the possession thereof obtained unlawfully. This
section applies only if the property has a value of less than \$1,000.00
or such greater amount constituting a misdemeanor under state law.
(Prior Code, § 16-97; Code 1999, § 10-304)
**State Law reference**--- Receiving stolen property, 21 O.S. § 1713.
::: phx-name
[Sec 10-305 Defrauding Public Accommodations; Proof;
Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-305_Defrauding_Public_Accommodations;_Proof;_Exception){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall obtain food, lodging or other accommodation in any
hotel, motel, inn, boardinghouse, eatinghouse or roominghouse or
place, or any other lodging place, with the intent to defraud the
owner or keeper.
2. Proof that lodging, food and other accommodations were obtained by
false pretense or fictitious show of any package or other property
or that the person gave a check or negotiable paper on which payment
was refused or that the person left the hotel, motel, inn,
boardinghouse, eatinghouse or roominghouse or place, or other
lodging place, without paying or offering to pay for the food,
lodging or other accommodation or that the person surreptitiously
removed or attempted to remove the package or property, or that the
person registered under a fictitious name shall be prima facie proof
of attempt to defraud.
3. No person shall refuse to pay the legal fare of any of the vehicles
mentioned in this section after having hired the same, and no person
shall hire any vehicle with intent to defraud the person from whom
it is hired of the value of such service.
4. This section shall not apply where there has been an agreement in
writing for delay in payment. This section applies only if the
property does not exceed a value of less than \$1,000.00 or such
greater amount constituting a misdemeanor under state law.
(Prior Code, § 16-105; Code 1999, § 10-305)
**State Law reference**--- Similar provisions, 21 O.S. § 1503.
::: phx-name
[Sec 10-306 Concealing Unpurchased Merchandise, Merchant\'s Authority To
Detain](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-306_Concealing_Unpurchased_Merchandise,_Merchant's_Authority_To_Detain){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person concealing unpurchased merchandise of any establishment,
either on the premises or outside the premises of the establishment,
shall be presumed to have so concealed the merchandise with the
intention of committing a wrongful taking of such merchandise. Such
concealment or the finding of such unpurchased merchandise concealed
upon the person or among the belongings of such person shall be
conclusive evidence of reasonable grounds and probable cause for the
detention in a reasonable manner and for a reasonable length of time of
such person by a merchant, his agent or employee; any such reasonable
detention shall not be deemed to be unlawful nor render any such
merchant, his agent or employee, criminally or civilly liable.
(Prior Code, § 16-96; Code 1999, § 10-306)
::: phx-name
[Sec 10-307 Failure To Pay Fare For Public
Conveyance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-307_Failure_To_Pay_Fare_For_Public_Conveyance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall use or accept the use and services of any street car,
taxi cab, omnibus, automobile or any other means of public conveyance or
passengers, operating under the Code, ordinance, franchise, permit or
license of the city or state, and refuse or fail to pay to the operator
of the conveyance the usual, customary, regulation or legal charge, or
price as fare immediately upon the performance of the service.
(Code 1999, § 10-307; Ord. No. 518, 4-2-1990)
::: phx-name
[Sec 10-308 False Or Bogus
Checks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-308_False_Or_Bogus_Checks){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person, with intent to cheat and defraud, to
obtain or attempt to obtain from any person any money, property or
valuable thing of a value less than \$1,000.00 or such greater amount
constituting a misdemeanor under state law by means of any false or
bogus check or by any other written or printed or engraved instrument or
spurious coin. The term \"false or bogus check\" shall include checks or
orders given for money or property which are not honored on account of
insufficient funds of the maker to pay same, as against the maker or
drawer thereof. The making, drawing, issuing or delivering of a check,
draft or order, payment of which is refused by the drawee, shall be
prima facie evidence of intent to defraud and the knowledge of
insufficient funds in or credit with such bank or other depository. Such
maker or drawer shall not have paid the drawee the amount due thereon,
together with the protest fees, and the check or order shall be
presented for payment within 30 days after same is delivered and
accepted.
(Prior Code, §§ 16-92, 16-106, in part; Code 1999, § 10-308; Ord. No.
683(10), 11-15-2010)
**State Law reference**--- Bad checks, 21 O.S. § 1541.1 et seq.
::: phx-name
[Sec 10-309 Harmful
Deception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-309_Harmful_Deception){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person knowingly to deceive another, whether by
impersonation, misrepresentation, or otherwise, when such deception
results in or contributes to the loss, damage, harm or injury of the
person deceived or of a third party, or results in or contributes to the
benefit of the deceiver.
(Prior Code, § 16-33; Code 1999, § 10-309)
::: phx-name
[Sec 10-310 Defacing Building, Damaging
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-310_Defacing_Building,_Damaging_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall purposely deface or damage any public or private
building or appurtenances thereof, or any fence, street, bridge,
sidewalk, driveway, street, or public work.
2. No person shall:
1. Destroy, injure, deface, damage or molest any structure,
building, work or other property, real or personal, belonging to
another;
2. Use such property wrongfully to the detriment of the owner or
other person entitled to its use; or
3. Interfere wrongfully with the use of any such property by its
owner or any other person entitled to its use.
3. This section applies only if the loss is less than \$1,000.00 or
such greater amount constituting a misdemeanor under state law.
(Prior Code, § 16-99; Code 1999, § 10-310)
**State Law reference**--- Destroying property generally, 21 O.S. §
1760.
::: phx-name
[Sec 10-311 Removing Or Breaking Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-311_Removing_Or_Breaking_Private_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall willfully, unlawfully or maliciously take and carry or
cause to be taken and carried away any part of a house, barn, fence,
gate or other structure, or maliciously break, tear down or destroy any
part of a house, barn or other structure not his own. This section
applies only if the loss is less than \$1,000.00 or such greater amount
constituting a misdemeanor under state law.
(Code 1999, § 10-311)
**State Law reference**--- Destroying property generally, 21 O.S. §
1760.
::: phx-name
[Sec 10-312 Damaging Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-312_Damaging_Private_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall willfully and wantonly damage or destroy the personal
property of another. This section applies only if the loss is less than
\$1,000.00 or such greater amount constituting a misdemeanor under state
law.
(Code 1999, § 10-312)
**State Law reference**--- Destroying property generally, 21 O.S. §
1760.
::: phx-name
[Sec 10-313 Public Works Under
Construction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-313_Public_Works_Under_Construction){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any person who removes, destroys, disturbs, or in any manner injures
any grade stake, stone or other mark or monument set by or under
authority of the city to designate or mark grades, lines, corners or
bench marks on any public work in the city prior to the completion
and acceptance of the contract for which such stakes or monuments
are set, without lawful authority, is guilty of an offense.
2. Any contractor or other person constructing any public work in the
city shall protect such work by barriers or obstructions. It is
unlawful for any person to cross the barriers or to remove them
until the work has been completed and opened by authority of the
city.
(Code 1999, § 10-313)
**State Law reference**--- Destroying property generally, 21 O.S. §
1760.
::: phx-name
[Sec 10-314 Damaging Or Tampering With Motor
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-314_Damaging_Or_Tampering_With_Motor_Vehicle){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person, other than a peace officer in the performance of his
official duties, shall, with intent and without right to do so,
injure or tamper with any vehicle or in any other manner damage any
part or portion of the vehicle or any accessories, appurtenances or
attachments thereto. This subsection applies only if the loss is
less than \$1,000.00 or such greater amount constituting a
misdemeanor under state law.
2. No person, other than a peace officer in the performance of his
official duties, shall, without right to do so and with intent to
commit a crime, climb into or upon a vehicle, whether it is in
motion or at rest, attempt to manipulate any of the levers, starting
mechanism, brakes or other mechanism or device of the vehicle while
the vehicle is at rest and unattended, or set in motion any vehicle
while the vehicle is at rest and unattended.
(Prior Code, § 16-98; Code 1999, § 10-314)
**State Law reference**--- Damaging motor vehicles, 21 O.S. §§ 1787,
1788.
::: phx-name
[Sec 10-315 Tampering With Or Damaging Of
Utilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-315_Tampering_With_Or_Damaging_Of_Utilities){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall alter, remove, tamper with, molest, damage or injure
any wires, cable, appurtenance, structure, pipes or equipment of any
utility of the city, or any public utility, or connect or tamper
with the wires, cables or pipes of any electric, water, sewer, cable
television or gas utility or of the city without consent of the
utility or city having been first obtained. This subsection applies
only if the loss is less than \$1,000.00 or such greater amount
constituting a misdemeanor under state law.
2. It is unlawful to open up any manhole or opening to a sewer unless
authorized by the city, or to leave a manhole or other opening so
opened without replacing the fixture or appliances thereto in their
proper place and position.
3. No person except a member of the fire department or a person acting
on lawful order or permit issued by the city shall open or use water
from any fire hydrant or take off the caps or damage the same. No
person may block the approach or access to a fire hydrant or attach,
fasten, stand or brace anything against or on the hydrant.
4. No person shall in any manner whatsoever:
1. Cut into, attach to or intercept the wires, cables or pipes of
any electric, water, cable television or gas utility or of the
city for the purpose of fraudulently taking therefrom electric
current, water, transmissions or gas;
2. Cut into, attach to or intercept the wires, cables or pipes for
the purpose of conducting around any meter electric current,
water or gas in order to prevent the current, water or gas from
being measured by the meter, or in such other manner so as to
consume or use the utility or cable service so as to evade
payment therefor, with the unlawful intent to defraud the
company or city out of the value of the service; or
3. By any device or manipulation whatsoever to cause current,
transmissions, water or gas used upon any premises to be
fraudulently conveyed upon any premises for the purposes of use
thereof, and with the intent to defraud and cheat the utility or
city from payment thereof.
5. Each day that any person maintains any such fraudulent connection
with any wires, cables or pipes, or fraudulently takes from any such
wires, cables or pipes either electric current, transmissions, water
or gas shall constitute a separate offense.
(Prior Code, § 16-102; Code 1999, § 10-315)
::: phx-name
[Sec 10-316 Destroying Trees And
Shrubbery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-316_Destroying_Trees_And_Shrubbery){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall willfully, maliciously and without lawful authority
cut down, root up, sever, injure or destroy any fruit tree, shade or
ornamental tree, cultivated root or plant, grape or strawberry vine,
shrub or plant whatever standing on or attached to the land of
another, or pick, destroy, carry away therefrom, or in any way
interfere therewith, any of the fruit thereof.
2. No person shall willfully or without lawful authority cut down,
destroy, root up or in any manner injure any fruit, shade or
ornamental tree, shrub or vine planted or growing on any street,
land, avenue, alley or other public ground of the city.
3. This section applies only if the loss is less than \$1,000.00 or
such greater amount constituting a misdemeanor under state law.
(Code 1999, § 10-316)
**State Law reference**--- Destroying property generally, 21 O.S. §
1760.
::: phx-name
[Sec 10-317 Trespassing Prohibited, Notice,
Soliciting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-317_Trespassing_Prohibited,_Notice,_Soliciting){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful and an offense for any person to commit a trespass
within the city upon either public or private property.
2. Trespass shall include each and every actual entry upon the premises
of an owner or other person in lawful possession of the premises
without the express consent of the owner or other person in lawful
possession. Trespass shall also mean remaining upon the premises of
an owner or other person in lawful possession after having been told
to leave the premises by the owner, or the agent, or employee of the
owner or other person in lawful possession of the premises. Trespass
shall also mean the act of entering upon or remaining on private
property when such is plainly forbidden by signs, markings, or
otherwise, by verbal command of the owner, his agent, or employee,
of after having been directed to do so by a police officer, although
this sentence shall not apply to persons, including employees, whose
presence upon the premises is authorized by the owner or by a person
in lawful possession of such premises. Trespass shall also include
the act of returning to private property after having been directed
to vacate the premises by the owner, his agent, employee or police
officer under the terms of this section.
3. Any of the following acts by any person shall be deemed a violation
of this section:
1. The doing of an injury or misfeasance to the person of another;
2. The doing of any injury or misfeasance to the property of
another when done with force and violence, either actual or
implied;
3. Each and every actual entry upon the premises of another owner
or person in possession of real property, whether the property
is public or private, without the owner\'s or occupant\'s
consent, express or implied;
4. An entry upon the premises, or any part thereof, of another in
violation of a notice exhibited thereon prohibiting entry at
specified times;
5. An entry upon the premises, or any part thereof, of another in
violation of any notice, warning or protest given orally or in
writing by any owner or other lawful occupant thereof;
6. An entry upon any public property, including parks or parking
areas, in violation of a notice exhibited there prohibiting
entry at specified times;
7. An entry upon any public property in violation of any notice,
warning or protest given orally or in writing by a city
official;
8. If on the property of another, or upon public property lawfully,
a failure or refusal to depart in case of being requested to so
depart orally or written, by any owner, lawful occupant, or by a
city official;
9. An entry upon any portion of a public park, where the entry
involves the use of any vehicle, equipment or device where such
use is specifically prohibited;
10. An entry of any public building except for the purpose of
dispatching business with the public corporation or consent is
obtained from the city council or other public official which is
lawfully authorized to give consent; or
11. Remaining on public or private property at any time other than
during posted hours of business operation after having been
directed to vacate such premises by a police officer. The
provisions of this subsection shall not apply to persons,
including employees, whose presence upon such premises is
authorized by the owner or by a person in lawful possession of
such premises; nor shall the provisions of this subsection apply
unless hours of business operation are posted upon such
premises. Trespass also includes the act of returning to private
property before the posted time of opening for business
operation on the next business day after having been directed to
vacate such premises under the terms of this subsection.
4. For purposes of constituting a violation of this section, the
exhibited notice required under subsections (C)(4) through (7) of
this section shall meet the following criteria:
1. The notice shall be plainly posted in a place conspicuous to
those who would enter the property;
2. The notice shall be legible so as to afford reasonable warning
prior to the commission of a trespass; and
3. If upon property to which the public is invited at least some
part of the day, the notice shall clearly specify the days and
times of day entry is prohibited, and further specify that entry
at such times constitutes a punishable offense under this Code.
(Code 1999, § 10-317; Ord. No. 501, 12-18-1989, in part)
**State Law reference**--- Trespass, 21 O.S. § 1835 et seq.
::: phx-name
[Sec 10-318 Congregating, Parking On-Premises After
Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-318_Congregating,_Parking_On-Premises_After_Hours){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall stand, walk, sit, lie, congregate or otherwise
occupy or remain upon the premises of any place or business within
the city after business hours without consent of the lawful owner,
occupant, lessee or employee thereof.
2. No person shall stop, stand, park, leave, or place any motor
vehicle, whether occupied or not, upon any public or private
property without the consent of the owner, occupant, lessee or
employee thereof, except where such property is provided for public
parking and the use for such parking is not restricted by proper
notice. In addition to fine or other punishment for a violation of
this subsection, the vehicle so parked, left or placed shall be
subject to impoundment upon complaint of the property owner or
lawful occupant. The person violating this subsection shall be
wholly responsible for payment of towage and storage charges.
3. No person may be charged under this section unless the premises in
question is posted with a conspicuous sign which states,
substantially, that the premises are posted, and that any person
congregating, occupying or remaining upon the premises or parking or
leaving a motor vehicle thereon is subject to prosecution pursuant
to this Code.
4. When used in this section, the term \"after business hours\" shall
mean that the doors of the business which are open to the public
during business hours are closed and locked and that the business is
no longer admitting customers. The term \"after business hours\"
applies to places of business which are vacant or permanently or
temporarily closed or otherwise unoccupied. The term \"place of
business\" means any private property upon which a building, house
or other structure is used for commercial or public purposes (e.g.,
without limitation, restaurants, gas stations, shopping malls or
centers, theaters, convenience stores, grocery stores, drug stores
or pharmacies, recreational facilities, wholesale or retail sales
activities, offices, banks or other financial institutions,
manufacturing, and professional services (medical, legal,
accounting, insurance, consulting)).
5. There is a rebuttable presumption that any person or motor vehicle
upon the premises of a place of business that is properly posted
pursuant to this section after such time as the front door or other
such door that admits members of the public is closed and locked is
on the premises of such business unlawfully under this section;
however, this presumption shall not be applied within 30 minutes of
any opening or closing times posted by such place of business. This
presumption may only be rebutted by proof beyond a reasonable doubt
that any person held by the municipal judge to be subject to this
rebuttable presumption was on the premises in question with
permission of the lawful owner, occupant, lessee or employee
thereof.
6. If a motor vehicle is alleged to be unlawfully parked or left under
this section, it shall be rebuttably presumed that the person in
whose name the motor vehicle was last registered was the person who
parked or left the motor vehicle.
7. The parking or leaving of a motor vehicle as set forth herein shall
constitute the offense of unlawful parking or leaving a motor
vehicle after business hours, punishable as provided in section
1-108.
8. If a person violates subsection (A) of this section, it shall
constitute the offense of unlawful presence on property after
business hours or congregating after business hours and is
punishable as provided in section 1-108.
9. The provisions of this section are cumulative of other applicable
offenses enacted in this Code or state law.
(Code 1999, § 10-318; Ord. No. 456, 8-1-1988)
::: phx-name
[Sec 10-319 Unlawful Intrusion On
Land](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-319_Unlawful_Intrusion_On_Land){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall intrude or remain upon any lot or piece of land, or
in any building within the city without license or authority from
the owner thereof, or erect or occupy thereon any structure whatever
without such license or authority.
2. No person shall place, erect or occupy within the bounds of any
street, alley or avenue of the city any structure whatever unless
such person is granted a license by the city to do so.
(Code 1999, § 10-319)
**State Law reference**--- Trespass, 21 O.S. § 1835 et seq.
::: phx-name
[Sec 10-320 Throwing Or Shooting At Persons Or
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-320_Throwing_Or_Shooting_At_Persons_Or_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall throw or shoot any object into or across any street or
alley, or in any place where he is likely to hit another person
wrongfully, or injure property, or to throw any object at any person,
vehicle, structure, or property of another, whether public or private,
except where such is done in defense of oneself or another person or
property.
(Prior Code, § 16-101; Code 1999, § 10-320)
::: phx-name
[Sec 10-321 Throwing Out Lighted Substances Or Debris
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-321_Throwing_Out_Lighted_Substances_Or_Debris_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall throw, drop, deposit or otherwise place in, upon or
within the limits of any street, avenue, public ground, public waterway
or city-owned property or waterway any lighted cigarette, cigar or other
flaming or glowing substances, or any substance or thing which may cause
a fire.
(Code 1999, § 10-321)
::: phx-name
[Sec 10-322 Littering, Deposits
Unlawful](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-322_Littering,_Deposits_Unlawful){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful to throw, deposit or discharge any item or waste
material, liquid or solid, on any street or public place in the city or
upon the property of another without express authority to do so.
(Code 1999, § 10-322)
**State Law reference**--- Littering, 21 O.S. § 1753.3 et seq.
::: phx-name
[Sec 10-323 Posting Advertising, Other Matter On Building Of
Another](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-323_Posting_Advertising,_Other_Matter_On_Building_Of_Another){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall place upon any building any advertising or other
matter of any kind, nor print or exhibit printing on a building or
any part thereof, in words, signs or characters, except with the
express consent of the owner, lessee or authorized agent of the
owner of the building.
2. No person shall place, post, paint, mark, write, print or put any
sign, poster, picture, announcement, writing, device, advertisement
or other marking upon any public or private building, fence,
sidewalk, bridge, post, automobile or vehicle or property of another
without the consent of the owner or person in charge thereof.
(Prior Code, § 16-100; Code 1999, § 10-323)
::: phx-name
[Sec 10-324 Posting Advertising, Other Matter On Utility Poles Or On Or
Over Streets And
Sidewalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-324_Posting_Advertising,_Other_Matter_On_Utility_Poles_Or_On_Or_Over_Streets_And_Sidewalks){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to place any advertising or other matter
of any kind on any utility pole, or to place any advertising on the
streets or sidewalks of the city or to place any advertising on any
signs or banners stretched over the streets or sidewalks of the city.
Nothing herein shall be construed to prevent any permanently located
commercial or business establishment in the city from erecting and
maintaining business or commercial signs in accordance with the
ordinances of the city, nor to prohibit the granting of permission by
the city to religious, charitable, patriotic or civic bodies to use
banners across the streets of the city in such places as may be
designated by the city manager for the observance of holidays,
charitable drives and the commemoration and celebration of other public
or civic occasions.
(Code 1999, § 10-324)
::: phx-name
[Sec 10-325 False
Weights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-325_False_Weights){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to sell any commodity or article of
merchandise and in the sale thereof knowingly make or give a false or
short weight therefor or for any person owning or keeping or having in
charge any scale used in weighing any animal, commodity or article to
knowingly and willfully report any false or untrue weight whereby
another person shall be defrauded or damaged.
(Prior Code, § 16-108; Code 1999, § 10-326)
**State Law reference**--- False weights and measures, 21 O.S. § 1551 et
seq.
::: phx-name
[Sec 10-326 Electric Fences
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-326_Electric_Fences_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to erect, install or maintain any
electrically charged fence within the city, except that the building
official may issue a permit for an electrically-charged fence to retain
animals upon proof that the fence will not be hazardous to life, and
upon proof that the electric charge is regulated by a controlling
device.
(Code 1999, § 10-327; Ord. No. 520, 5-21-1990)
::: phx-name
[Sec 10-327 Unlawful Use Of Another\'s Garbage Or Refuse
Container](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-327_Unlawful_Use_Of_Another's_Garbage_Or_Refuse_Container){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful and an offense for any person to dispose of garbage,
refuse, rubbish or waste into any refuse container, dumpster or other
receptacle for the deposit of same belonging to or leased by another,
whether by rental agreement, lease or agreement with the city or a
public or private trash, garbage or refuse hauling service, without the
permission of the owner, lessee or other person entitled to the
possession or use thereof.
(Code 1999, § 10-328; Ord. No. 458, 8-1-1988)
::: phx-name
[Sec 10-328 Fireworks Prohibited;
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-328_Fireworks_Prohibited;_Exceptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. For the purpose of this section, the term \"fireworks\" shall have
the same meaning as in state law, 68 O.S. § 1621 et seq.
2. It is unlawful for any person to manufacture, display, possess, use
or sell fireworks within the city except as provided in this
section.
3. Pyrotechnic or fireworks displays may be authorized in accordance
with the city fire code when under proper control and the time,
place and manner of the display is permitted by the city.
(Prior Code, §§ 9-96, 9-97; Code 1999, § 10-329)
**State Law reference**--- Local regulation of fireworks, 11 O.S. §
22-110.
::: phx-name
[CHAPTER 10-4 OFFENSES AGAINST PUBLIC
PEACE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-4_OFFENSES_AGAINST_PUBLIC_PEACE){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 10-4A GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4A_GENERAL_PROVISIONS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 10-4B
NOISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4B_NOISE){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 10-4A GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4A_GENERAL_PROVISIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 10-401 Disturbing The
Peace](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-401_Disturbing_The_Peace){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-402 Disturbing
Funerals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-402_Disturbing_Funerals){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-403 Disorderly
Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-403_Disorderly_Conduct){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-404 Parades, Public Assemblies, And Special
Events](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-404_Parades,_Public_Assemblies,_And_Special_Events){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-405 Firearms And Carrying Certain Weapons
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-405_Firearms_And_Carrying_Certain_Weapons_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-406 Begging And Soliciting
Alms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-406_Begging_And_Soliciting_Alms){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-407 Lawful Operation Of Unmanned Aircraft
Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-407_Lawful_Operation_Of_Unmanned_Aircraft_Systems){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 10-401 Disturbing The
Peace](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-401_Disturbing_The_Peace){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful to disturb or alarm the peace of another or others by
doing any of the acts set out in subsection (B) of this section.
2. Disturbing the peace is the doing of any of the following in such a
manner as would foreseeably alarm or disturb the peace of another or
others:
1. Using obscene, offensive, abusive, profane, vulgar, threatening,
violent or insulting language or conduct;
2. Appearing in an intoxicated condition;
3. Engaging in a fistic encounter;
4. Lewdly exposing one\'s person, or private parts thereof, in any
public place or in any place where there are present other
persons to be offended or annoyed thereby;
5. Pointing any pistol or any other deadly weapon whether loaded or
not at any other persons either in anger or otherwise;
6. Holding an unlawful assembly of two or more persons, including
being assembled together and acting in concert, to do any
unlawful act against the peace or to the terror of others or
preparing for or moving toward such acts, or otherwise
assembling unlawfully or riotously;
7. Interrupting any lawful assembly of people by making noise, by
rude, indecent or improper behavior, by profane, improper or
loud language, or in any other manner, either within the place
of assembly or within hearing distance thereof;
8. Obstructing the free passage of pedestrians or vehicles on a
street, right-of-way or sidewalk, or other public place;
9. Obstructing, molesting or interfering with any person lawfully
in a public place;
10. Making noises that a reasonable person of ordinary sensibilities
would find unnecessarily loud or offensive;
11. Disturbing any congregation or assembly of persons meeting for
religious worship by making noise, by rude, indecent or improper
behavior, by profane, improper or loud language, or in any other
manner, either within the place of worship or within hearing
distance thereof; or
12. Committing any other act in such a manner calculated as to
unreasonably disturb, interfere or alarm the public or the
comfort and repose of any person.
3. Whenever any police officer shall, in the exercise of reasonable
judgment, decide that the presence of any person in any public place
is causing any of the conditions enumerated in subsection (B) of
this section, he may, if he deems it necessary for the preservation
of the public peace and safety, order that person to leave that
place; and any who shall refuse to leave after being ordered to do
so by a police officer shall be guilty of a violation of this
section.
4. This section shall not apply to peaceful picketing, public speaking
or other lawful expressions of opinion not in contravention of other
laws.
(Prior Code, §§ 16-57---16-59, 16-61; Code 1999, § 10-401)
::: phx-name
[Sec 10-402 Disturbing
Funerals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-402_Disturbing_Funerals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall willfully disturb, interrupt or disquiet any assemblage
of people who have met for the purpose of any funeral, or obstruct or
detain any person engaged in accompanying any funeral to a place of
burial.
(Code 1999, § 10-402)
::: phx-name
[Sec 10-403 Disorderly
Conduct](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-403_Disorderly_Conduct){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A person shall be guilty of disorderly conduct if, with the intent to
cause public inconvenience, annoyance, alarm or recklessly creating the
risk thereof, he:
1. Acts in a violent or tumultuous manner toward another whereby any
person is placed in fear of safety of his life, limb or health;
2. Acts in a violent or tumultuous manner toward another whereby the
property of any person is placed in danger of being destroyed or
damaged;
3. Endangers the lawful pursuits of another by acts of violence, angry
threats and abusive conduct;
4. Jostles or crowds or pushes any person in any public place;
5. Uses \"fighting words\" directed toward any person and thus creates
a turmoil;
6. Causes, provokes or engages in any fight, brawl or riotous conduct
so as to endanger the life, limb, health or property of another; or
7. By acts of violence, interferes with another\'s pursuit of a lawful
occupation.
(Code 1999, § 10-403)
**State Law reference**--- Disorderly conduct generally, 21 O.S. § 1361
et seq.; power of city relating to disorderly conduct, 11 O.S. § 22-110.
::: phx-name
[Sec 10-404 Parades, Public Assemblies, And Special
Events](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-404_Parades,_Public_Assemblies,_And_Special_Events){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. As used in this section, the term \"parade\" means any parade,
march, ceremony, show, demonstration, exhibition, pageant or
procession of any kind, or any similar display, in or upon any
street, park or other public place in the city.
2. No person shall use any street, alley, public way, park or other
property owned or controlled by the city, except those places
specifically designed and intended for such use, for the purpose of
holding, conducting, causing or participating in any parade, street
fair, street dance, carnival, assemblage or activity of any nature
which may cause the disturbance or interference of the normal and
ordinary use of the property by other persons, without first having
obtained a permit for such purpose. The permits may be granted by
the city manager under such conditions as deemed appropriate.
3. Permits shall not be required under this section in the case of
construction or repairs to or within any such street or property,
provided all other requirements of this Code are complied with.
4. Not less than two weeks prior to the closing or use of a street or
property for a parade, an application shall be submitted by the
party to the city. The time requirements may be waived by the city
manager at his discretion if sufficient time exists for the proper
review of the application as herein provided. The application shall
be submitted upon a form prescribed by the city. The application
shall provide such other information as requested.
5. The city manager shall issue a permit as provided for hereunder
when, from a consideration of the application and from such other
information as may otherwise be obtained, he finds that:
1. The conduct of the parade will not substantially interrupt the
safe and orderly movement of other traffic contiguous to its
route;
2. The conduct of the parade will not require the diversion of so
great a number of police officers of the city to properly police
the line of movement and the areas contiguous thereto as to
prevent normal police protection to the city;
3. The conduct of such parade will not require the diversion of so
great a number of ambulances as to prevent normal ambulance
service to portions of the city other than that to be occupied
by the proposed line of march and areas contiguous thereto;
4. The concentration of persons, animals and vehicles at assembly
points of the parade will not unduly interfere with proper fire
and police protection of, or ambulance service to, areas
contiguous to such assembly areas;
5. The conduct of such parade will not interfere with the movement
of firefighting equipment en route to a fire;
6. The conduct of the parade is not reasonably likely to cause
injury to persons or property, to provoke disorderly conduct or
create a disturbance; and
7. The parade is scheduled to move from its point of origin to its
point of termination expeditiously and without unreasonable
delays en route.
6. The city manager, in such cases as shall be determined in his
discretion, may require as a condition to the issuance of a permit
herein such insurance or bond holding the city harmless from any and
all liability for injury or damage of any kind whatsoever occurring
during such activity covered by the permit.
7. Without regard to the above provision of this section, the city
manager, from his consideration of available, appropriate and
necessary information, shall deny the application for a permit
provided for by this section when, from this information, he has
reason to believe that any contemplated advocacy at the proposed
event will be directed to inciting or producing imminent lawless
action and will likely incite or produce such action.
8. The city manager, in denying an application for a parade permit, may
authorize the conduct of the parade on a date, at a time or over a
route different from that named by the applicant. An applicant
desiring to accept an alternate permit shall so indicate within five
days after notice of the action of the city manager. An alternate
parade permit shall conform to the requirements of, and shall have
the effect of, a parade permit under this section.
9. As used in this section, the term \"special event\' means any
activity which occurs upon private or public property that (1) may
reasonably affect the ordinary use of public streets, rights-of-way
or sidewalks, or (2) include the erection of any temporary structure
(inflatables/bouncy toys, or tents or canopies larger than 400
square feet, etc.) where the public is invited, or (3) include the
sale or consumption of alcoholic beverages on a premises not
currently licensed by the state for the sale or consumption of
alcohol on the premises where the public is invited. This includes,
but is not limited to, fairs, festivals, foot races, bike races,
block parties, grand opening celebrations, and other temporary
assemblages of people. The term \"expressive special event\" means a
special event as defined above, organized or conducted solely or
primarily for the purpose of engaging in speech protected by the
First Amendment of the United States Constitution. The term
\"spontaneous expressive event\" shall mean an expressive special
event that is occasioned by news, affairs, or circumstances coming
into public knowledge less than five days prior to the date of such
event.
1. No person, organization, business or corporation shall conduct
any type of special event as defined above without a special
event permit from the city.
2. An application for a special event shall be submitted to the
city no later than 30 days prior to the proposed event. In the
event of an expressive special event, the application must be
submitted within five business days prior to the proposed event.
In the event of a spontaneous expressive event, the event must
not present a substantial safety or traffic hazard and must not
unduly impede, obstruct, impair or interfere with the public\'s
use of the street or other public property, the operation of
emergency vehicles, the provision of the city services, or any
lawful competing use of the location where the event is located.
If any portion of the preceding cannot be met, then the event
organizer must make a diligent and good faith effort to relocate
the event to another location. If the location cannot be
relocated due to the special communicative value of the event\'s
location or the unavailability of another location, then the
chief of police shall take appropriate action to the extent
reasonably necessary to eliminate the hazard, risk,
interference, or impairment; provided however, that the chief of
police shall not order the area cleared or the cessation of
spontaneous expressive activities unless reasonably necessary to
avoid imminent danger to person or property. Applicants may file
application as early as desired by the applicant.
3. Reasons for denial of a special events permit include, but are
not limited to, the event will disrupt traffic within the city
beyond practical solution; will interfere with access to fire
stations and the fire hydrants; the location of the special
event will cause undue hardship to adjacent businesses or
residents; the event would require the diversion of so many
city, public safety and/or and public works employees that
allowing the event would unreasonably deny service to the
remainder of the city; and the application contains incomplete
or false information.
4. This section shall not be construed as imposing upon the city or
its officials or employees any liability or responsibility for
any injury or damages to any person in any way connected to the
use for which permits have been issued. The city and its
officials and employees shall not be deemed to have assumed any
liability or responsibility by reasons of inspections performed,
the issuance of any permit or the approval of any use of the
right-of-way.
5. A special event permit may be issued only after adequate waste
disposal facilities and toilet facilities as necessary have been
identified and obtained by the permittee. The permittee will
clean their property, city property and any adjacent properties
of trash, rubbish, or debris generated by the special event,
returning it to its pre-event condition within 24 hours of the
conclusion of the event. If the permittee fails to clean up such
refuse, such clean up shall be as required by law or other
sections of this Code and the costs charged to the permittee.
6. The permittee shall obtain other permits that may be required
from other jurisdictions for this special event.
(Code 1999, § 10-404; Ord. No. 629(08), 9-2-2008)
**State Law reference**--- Power of local authorities to regulate
assemblies, 47 O.S. 15-102.
::: phx-docs
HISTORY\
*Amended by Ord.
[904(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347129_Ordinance%20No.%20904%20(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 4/15/2019\
*
:::
::: phx-name
[Sec 10-405 Firearms And Carrying Certain Weapons
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-405_Firearms_And_Carrying_Certain_Weapons_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall transport a loaded firearm except in compliance with
state law.
2. It shall be unlawful for any person to carry upon or about his or
her person, or in a purse or other container belonging to the
person, any pistol, revolver, shotgun or rifle whether loaded or
unloaded or any blackjack, loaded cane, hand chain, metal knuckles,
or any other offensive weapon, whether such weapon be concealed or
unconcealed, except as may be authorized by law.
3. It shall be unlawful for any person to discharge a firearm, air
rifle or BB gun within the city except as may be authorized by law.
4. Any person violating this provision shall, upon conviction, be
punished by a fine not to exceed the maximum penalty established by
state law.
**State Law reference**--- Carrying firearms, 21 O.S. § 1289.6; firearms
definitions, 21 O.S. § 1289.1 et seq.
::: phx-docs
HISTORY\
*Adopted by Ord.
[898(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346749_Ordinance%20No.%20898%20(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 3/4/2019\
*
:::
::: phx-name
[Sec 10-406 Begging And Soliciting
Alms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-406_Begging_And_Soliciting_Alms){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:\
*Accosting* means approaching or speaking to someone in such a
manner as would cause a reasonable person to fear imminent bodily
harm or the commission of a criminal act upon his person, or upon
property in his immediate possession.\
*Ask, beg* or *solicit* means and includes, without limitation, the
spoken, written or printed word or such other acts as are conducted
in furtherance of the purpose of obtaining alms.\
*Forcing oneself upon the company of another* means continuing to
request, beg or solicit alms from a person after that person has
made a negative response, blocking the passage of the individual
addressed or otherwise engaging in conduct which could reasonably be
construed as intended to compel or force a person to accede to
demands.
2. It shall be unlawful for any person to solicit money or other things
of value:
1. On private property if the owner, tenant, or lawful occupant has
asked the person not to solicit on the property, or has posted a
sign clearly indicating that solicitations are not welcome on
the property;
2. Within 15 feet of the entrance to or exit from any public toilet
facility;
3. Within 15 feet of an automatic teller machine, provided that
when an automated teller machine is located within an automated
teller machine facility, such distance shall be measured from
the entrance or exit of the automated teller machine facility;
4. Within 15 feet of any pay telephone, provided that when a pay
telephone is located within a telephone booth or other facility,
such distance shall be measured from the entrance or exit of the
telephone booth or facility;
5. In any public transportation vehicle, or in any bus or subway
station, or within 15 feet of any bus stop or taxi stand;
6. From any operator of a motor vehicle that is in traffic on a
public street; provided, however, that this subsection shall not
apply to services rendered in connection with emergency repairs
requested by the owner or passengers of such vehicle;
7. From any person who is waiting in line for entry to any
building, public or private, including, but not limited to, any
residence, business, or athletic facility; or
8. Within 15 feet of the entrance or exit from a building, public
or private, including, but not limited to, any residence,
business, or athletic facility.
3. It shall be unlawful for any person to solicit money or other things
of value by accosting another or by forcing oneself upon the company
of another.
(Prior Code, § 16-34; Code 1999, § 10-408)
::: phx-name
[Sec 10-407 Lawful Operation Of Unmanned Aircraft
Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-407_Lawful_Operation_Of_Unmanned_Aircraft_Systems){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Definitions.
1. Pilot or Remote Pilot in Command means any person in control of
and unmanned aircraft.
2. Unmanned Aircraft means an aircraft operated without the
possibility of direct intervention from within or on the
aircraft.
3. Unmanned Aircraft System means an unmanned aircraft and its
associated elements (including communication links and the
components that control the unmanned aircraft) that are required
for the safe and efficient operation of the unmanned aircraft in
the national airspace system.
4. Recreational Purposes means the use of an unmanned aircraft for
personal interests and enjoyment.
2. Operating Rules.
1. All persons operating unmanned aircraft systems within the
corporate limits of the City of Moore must be in compliance with
all applicable municipal, state and federal law, including, but
not limited to:
1. Drones weighing over .55 pounds must have a Federal Aviation
Administration registration number affixed.
2. As of September 16, 2023, all drones weighing over .55
pounds are required to comply with the Federal Aviation
Administration\'s Remote ID rule.
3. Operating a drone for commercial, or any other
non-recreational purpose, or flying at night requires the
operator to have a Remote Pilot Certificate or Certificate
of Authorization from the FAA.
2. A remote pilot in command may not fly and unmanned aircraft in
the area where human beings are present (other than the pilot in
control), unless:
1. The human being(s) is/are located under a covered structure
or inside a stationary vehicle that can provide reasonable
protection from a falling unmanned aircraft; or,
2. The remote pilot in command is using an unmanned aircraft
that:
1. Weighs .55 pounds or less including everything that is
on board or otherwise attached to the aircraft, on
takeoff and throughout the duration of the flight; and,
2. Does not contain any exposed rotating parts that would
lacerate human skin upon impact with a human being.
3. No person shall operate an unmanned aircraft system with the
intent to disturb, harass, bother or annoy any other person,
domesticated animal or livestock or operate in any reasonable
person.
4. No person shall operate an unmanned aircraft with the intent to
intentionally harm another person or to destroy public or
private property.
5. No person shall operate an unmanned aircraft in a careless,
negligent, reckless or dangerous manner.
6. No person shall attach to an unmanned aircraft:
1. A firearm; or,
2. Any other item item intended to cause injury, do harm or be
a hazard.
7. No person shall operate an unmanned aircraft while in a state of
intoxication as defined in Section 10-501 of the Moore Municipal
Code.
8. No person shall act with the intent to interfere with another\'s
ability to safely operate an unmanned aircraft in flight such
that the pilot\'s ability to control the aircraft is diminished
to such a degree as to result in a collision.
9. The owner/remote pilot in command of an unmanned aircraft system
that causes injury to the person of another or damage to the
property owner with their name, address and phone number as soon
as practicable after the injury or property damage is
discovered.
10. This section shall not apply to agencies within the governments
of the City of Moore, the State of Oklahoma, or the United
States when operating an unmanned aircraft system in accordance
with their official duties.
3. Penalty for Violation.
Any person who is found guilty of violating this section is guilty of a
misdemeanor and subject to up to a \$500 fine.
::: phx-docs
HISTORY\
*Adopted by Ord.
[1028.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1692114532_1028.23%20signed.pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/5/2023\
*
:::
::: phx-name
[ARTICLE 10-4B
NOISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_10-4B_NOISE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 10-411 Findings Of
Fact](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-411_Findings_Of_Fact){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-412
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-412_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-413 Prohibitions
Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-413_Prohibitions_Generally){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-414 Specific
Prohibitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-414_Specific_Prohibitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-415
Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-415_Exemptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-416
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-416_Permit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-417 Duties And Responsibilities Of City
Departments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-417_Duties_And_Responsibilities_Of_City_Departments){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-418 Penalty And Injunctive
Relief](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-418_Penalty_And_Injunctive_Relief){.k-link
target="_blank" style="color:#0000EE"}\
**\
State Law reference**--- City\'s power to restrain and prohibit
unnecessary noise, 11 O.S. § 22-110.\
::: phx-name
[Sec 10-411 Findings Of
Fact](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-411_Findings_Of_Fact){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is found and declared that:
1. The making and creation of excessive, unnecessary noise within the
city is a condition which has existed for some time and the extent
and volume of such noise is increasing;
2. The making, creation or maintenance of such excessive, unnecessary,
unnatural or unusual noise, prolonged in time, place and use,
affects and is a detriment to public health, comfort, convenience,
safety, welfare and prosperity of the residents of the city;
3. A substantial body of scientific and technological knowledge and
expertise exists by which noise is recognized as sound which is
excessive and thereby unwanted and rejectable, and may be
substantially abated;
4. The necessity in the public interest for the provisions and
prohibitions hereinafter contained and enacted is declared as a
matter of legislative determination and public policy in pursuance
of and for the purpose of securing and promoting the peace and quiet
for the greater assurance of public health, comfort, convenience,
safety, welfare and prosperity of the city and its inhabitants.
(Code 1999, § 10-421; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994)
::: phx-name
[Sec 10-412
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-412_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:\
*\
Ambient sound pressure level* is the all-encompassing noise
associated with a given environment, being usually a composite of
sounds from many sources, near and far, statistically equivalent to
L90; the percentile noise level exceeded 90 percent of the time
based on any measurement period of not less than ten minutes or more
than 30 minutes.\
*\
A-weighted sound level* means the sound pressure level in decibels
as measured on a sound level meter using the A-weighing network. The
level so read is designated as dB(A) or dBA.\
*\
Construction* means any site preparation, assembly, erection,
substantial repair, alteration, or similar action, excluding
demolition, for or of public or private rights-of-way, structures,
utilities or similar property.\
*\
Continuous sound* means any sound, essentially without interruption,
which exists for a period of six minutes or more.\
*\
Decibel (dB)* means a unit for measuring the volume of a sound,
equal to 20 times the logarithm to the base ten of ratio of the
pressure of the sound measured to the reference pressure which is 20
micropascals (20 micronewtons per square meter), denoted as dB.\
*\
Demolition* means any dismantling, intentional destruction or
removal of structures, utilities, public or private right-of-way
surfaces, or similar property.\
*\
Device* means any mechanical object or piece intended to produce, or
which produces, the resultant effect objectively sought when
operated or used.\
*\
Emergency* means any occurrence or set of circumstances involving
actual or imminent physical trauma or property damage which demands
immediate action.\
*\
Emergency vehicle* means vehicles of the fire, police and highway
patrol departments and legally authorized ambulances and emergency
vehicles of state departments.\
*\
Emergency work* means any work performed for the purpose of
preventing or alleviating physical traumas or property damage
threatened or caused by an emergency.\
*\
Excessive sound* means that sound level which elicits complaints,
usually independent of each other in the estimate of the sound\'s
being acceptable or unacceptable.\
*\
Gross vehicle weight rating (GVWR)* means the value specified by the
manufacturer as the recommended maximum loaded weight of a single
motor vehicle. In cases where trailers and tractors are separable,
the gross combination weight rating (GCWR), which is the value
specified by the manufacturer as the recommended maximum loaded
weight of the combination vehicle, shall be used.\
*\
Impulsive sound* means sound pulses of short duration, usually less
than one second, with an abrupt onset and rapid decay.\
*\
L1 percentile level* means the time-averaged sound pressure level,
A-weighted, that is exceeded in any time measurement period one
percent of that time.\
*\
L10 percentile level* means the time-averaged sound pressure level,
A-weighted, that is exceeded in any time measurement period ten
percent of that time.\
*\
L90 percentile level* means the time-averaged sound pressure level,
A-weighted, that is exceeded in any time measurement period 90
percent of that time.\
*\
Measurement period* means that total amount of time used in the
measurement of sound levels for a given incident not including time
intervals, or their total time, between intervals of actual sound
measurement time. Limits are as stated herein, not less than ten
minutes and not more than 30 minutes.\
*\
Motor vehicle* means every vehicle self-propelled on land and every
vehicle propelled by electric power obtained from overhead trolley
wires, but not operated upon rails; provided, however, the
definition of the term \"motor vehicle\" shall not include
implements of husbandry.\
*\
Muffler* means a device for abating the sound of escaping gases of
any internal combustion engine.\
*\
Noise* means any sound which annoys or disturbs humans or which
causes or tends to cause an adverse psychological or physiological
effect on humans.\
*\
Noise disturbance* means any plainly audible sound which:
1. Injures or endangers the safety or health of a human;
2. Annoys or disturbs a reasonable person of normal sensitivities;
or
3. Endangers or injures personal or real property.
For the purpose of this definition, the term \"plainly audible\"
means where the listener clearly can hear the content of the sound
produced by the noise source. Sounds which may be clearly or plainly
audible include, but are not limited to, musical rhythms, spoken
words, vocal sounds and engine noises.\
*\
Person* means any individual, association, partnership or
corporation, and includes any officer, employee, department, agency
or instrumentality of the state or any political subdivision of the
state.\
*\
Powered model vehicle* means any self-propelled airborne,
waterborne, or landborne plane, vessel or vehicle which is not
designed to carry persons, including, but not limited to, any model
airplane, boat, car or rocket.\
*\
RMS sound pressure* means the square root of the time average square
of the sound pressure, denoted Prms.\
*\
Sound* means temporal and spatial oscillation in pressure, particle
displacement, particle velocity or other physical parameter, in a
medium with internal forces that causes progressively alternate
compression and rarefaction of that medium, and which propagates at
finite speed to distant points and can evoke an auditory sensation.\
*\
Sound level meter* means an instrument which includes a microphone,
amplifier, RMS detector, integrator or time averager, output meter,
and weighing networks used to measure sound pressure levels.\
*\
Sound pressure* means the instantaneous difference between the
actual pressure and the average barometric pressure at a given point
in space, as produced by sound energy.\
*\
Sound pressure level* means 20 times the logarithm to the base ten
of the ratio of the RMS sound pressure to the reference pressure of
20 micropascals (20 x 10 - 6) n/m2). The sound pressure level is
denoted Lp or SPL and is expressed in decibels (dB).
2. All defined terminology used in this article which is not defined in
subsection (A) of this section or in Part 1 of this Code shall be in
conformance with applicable publication of the American National
Standards Institute (ANSI) or its successor body.
(Code 1999, § 10-422; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994)
::: phx-name
[Sec 10-413 Prohibitions
Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-413_Prohibitions_Generally){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to make, continue or cause to be made or
continued any noise disturbance, any excessive, unnecessary or unusual
noise, or any noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of reasonable people of
ordinary sensibilities, within the limits of the city.
(Code 1999, § 10-423; Ord. No. 544, 2-4-1991)
::: phx-name
[Sec 10-414 Specific
Prohibitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-414_Specific_Prohibitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following acts, among others and not to exclude other such acts, are
declared to be excessive or unusual noises in violation of this article,
except and unless in the urgent interest of public health, welfare and
safety, a permit has been issued by the city manager for continuance or
performance over such time periods as may be so stated:
1. Owning, maintaining or harboring for hire any animal or bird, which,
by frequent or prolonged noise-making, cause or tend to cause
excessive sound levels, whether originating from public or private
facilities, except publicly-owned or publicly-operated zoos. Police
dogs may be exempted from the prohibitions of this section under
such terms and conditions as the city manager or council may
establish;
2. Performance of construction, demolition or repair work at or on any
structural or roadway project or undertaking whether by manual or
mechanical means, such as to produce a noise disturbance;
3. Discharge into the open air of the sound-laden exhaust from, or
escape of excessive sound from, working parts of the transmission or
conveyance of fluids or solids through piping, conduit, or by way of
other mechanical transport, stationary, portable or mobile engine or
motorized vehicle, such as to produce a noise disturbance;
4. Sounding of horns, whistles, sirens, firearms or other such alarm or
announcement device, whether manual or power-operated, or the
detonation of fireworks or explosives, except as required as warning
of fire, natural disaster or other impending or incidental danger,
or which may be required as a part of law enforcement, by emergency,
or as excepted by the exemptions to this article;
5. Operating or permitting the use or operation of any device designed
for sound production, amplification or reproduction, including, but
not limited to, any radio, musical instrument, phonograph,
equipment, electronic audio equipment, television set, tape
recorder, loud speaker, or other similar device:
1. Between the hours of 10:00 p.m. and 7:00 a.m. the following day
so as to be plainly audible within any dwelling unit which is
not the source of the sound; or
2. On public property or on a public right-of-way so as to be
plainly audible 50 feet or more from such device, except as
authorized by permit;
6. Shouting, carousing, singing, boisterous, belligerent or clamorous
noise-making or other prolonged noise-making such as to cause or
tend to cause excessive sound pressure levels;
7. Operation of any motorized surface boat or underwater vehicle,
whether on land, water impoundment, lake, stream, diversion channel,
or astride a conveyance, such as to produce a noise disturbance;
8. Operation of powered models or toys such as to produce a noise
disturbance;
9. Running, testing or otherwise operating aircraft engines on the
ground or operating an airport facility in such a manner as to cause
or tend to cause noise disturbance. Nothing in this section shall be
construed to prohibit, restrict, penalize or enjoin or in any manner
regulate the movement of aircraft which are, in all respects,
conducted in accordance with or pursuant to applicable federal laws
and regulations, or air traffic control instructions;
10. Operating or permitting to be operated in any place of public
entertainment during any hour of operation when patrons or customers
may be expected to be present, any loudspeaker or sound amplifier
which produces, reproduces or amplifies sound, or which produces a
noise disturbance at a point normally to be occupied by a patron or
customer, unless a conspicuous legible sign is posted at or within
five feet of each public entrance and not more than five feet above
the level of the ground, floor, or other entrance threshold,
readable by a person with 20/20 vision at a distance not less than
ten feet from the loudspeaker or amplifier, which sign shall state:\
\"WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING
IMPAIRMENT\"\
This provision shall not be construed to allow the operation of a
loudspeaker or sound amplifier in such manner as to violate
subsection (K) of this section;
11. Creating noise disturbance within 500 feet of any school or other
such institution of learning, church, hospital, convalescent
hospital or mass-care home, or court of law from 10:00 p.m. to 7:00
a.m., provided conspicuous, legible signs are serviceably displayed
at such distance from the aforementioned institutions, or any of
them, that such potential violation may be avoided;
12. No property owner, lessor or lessee shall knowingly allow any
automobile, motorcycle, minibike or other vehicle which creates a
noise disturbance to be driven across his property. Nothing in this
section shall be construed as to prohibit the arrest of the
operators of such vehicles as may be provided by this Code.
13. Operating or permitting to be operated any device designed for sound
production, amplification or reproduction, included but not limited
to, any radio, musical instrument, phonograph, equipment, electronic
audio equipment, tape recorder, loudspeaker, or other similar device
at any city owned park that exceeds sixty-five decibels (65 dB)
measured at the boundary of any city owned park.\
(Code 1999, § 10-424; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994)
::: phx-docs
HISTORY\
*Approved by Ord.
[998(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1641223116_ordinance%20998.21.pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/20/2021\
*
:::
::: phx-name
[Sec 10-415
Exemptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-415_Exemptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following sources of potentially excessive sound shall be exempt
from noise control regulation:
1. Safety signals and alarm devices; only storm warning sirens or horns
that are owned, operated, authorized, and required by the city and
the authorized testing of such equipment, emergency vehicle sirens
or horns used when responding to an emergency, and emergency
pressure relief valves;
2. Noise created or to be created as the result of provisions of
section 10-414 such that a permit shall be issued beforehand by the
city manager, and such event shall be conducted in accordance with
provisions of such permit;
3. Disaster or other emergency, or, as result of such disaster,
demanding the immediate undertaking by operators or mechanical
devices for relief of stress thus created;
4. Organized sporting event; organized sporting event shall not include
sporting events located at any city owned park, including but not
limited to, all youth association regular season games and
tournaments;
5. Noncommercial public speaking and public assembly activities
conducted on any public space or public right-of-way; and
6. Interstate railway locomotives and trains en route, and not engaged
in switching operations within residential land use classifications
between 10:00 p.m. and 7:00 a.m.
(Code 1999, § 10-427; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994;
Ord. No. 758(13), 9-16-2013)
::: phx-docs
HISTORY\
*Approved by Ord.
[997(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1641222535_ordinance%20997.21.pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/20/2021\
*
:::
::: phx-name
[Sec 10-416
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-416_Permit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Application for a permit for relief from noise restrictions
designated in this article, on the basis of undue hardship, may be
made to the city manager or his authorized representative. Any such
application shall set out clearly the conditions describing the
undue hardship so alleged.
2. A permit may be granted only upon sufficient and reliable showing in
the application that such conditions indicate one or more of the
following to be true:
1. Additional time is necessary for the applicant to alter or
modify his activity or operation to comply with this article;
2. The activity, operation or noise source will be of temporary
duration, and cannot be performed in a manner that would comply
with other sections of this article; and
3. No other reasonable alternative is available to the applicant.
3. A permit may be granted only for an effective time period of three
days or less, except in the case of construction or demolition, the
effective time period of such permit shall not exceed 45 days
continuous time lapse. A permit may be renewed while the urgent
necessity continues for three days or less, except in the case of
construction or demolition, the renewal shall not exceed 45 days.
Any such permit thus granted shall state all conditions upon which
it may be granted, including, but not limited to, effective date,
time of day, location, limitations for personnel or equipment
involved, and any other conditions or requirements the city manager
may deem necessary to minimize the adverse effects upon the
community or surrounding neighborhood.
(Code 1999, § 10-428; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994)
::: phx-name
[Sec 10-417 Duties And Responsibilities Of City
Departments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-417_Duties_And_Responsibilities_Of_City_Departments){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All departments and agencies of the city shall, to the fullest
extent consistent with other ordinances, carry out their programs in
such a manner as to further the policy of this article and in
cooperation with the enforcement of it.
2. All departments whose duty it is to review and approve new projects
or changes to existing projects that result, or may result, in the
production of excessive sound levels shall consult with the agent of
enforcement prior to any such approval.
(Code 1999, § 10-429; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994)
::: phx-name
[Sec 10-418 Penalty And Injunctive
Relief](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-418_Penalty_And_Injunctive_Relief){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any person who violates any provision of this article shall, upon
conviction thereof, be guilty of an offense against the city.
2. Each day of violation of any provision of this article shall
constitute a single offense if the disturbance is continuous. If the
disturbance is not continuous, each violation of any provision of
this article shall constitute a separate offense, although committed
on the same day.
3. As an additional remedy, any activity, conduct or the operation or
maintenance of any device, instrument, vehicle or machinery which is
continuing in nature and in violation of any ordinance provision,
and which causes discomfort or annoyance, or which endangers the
comfort, repose, health or peace of residents in the area, or which
produces a noise disturbance shall be deemed, and is declared to be,
a public nuisance and may be subject to abatement summarily by a
restraining order or injunction issued by a court of competent
jurisdiction. An injunction or restraining order may be issued
pursuant to the statutes of the state.
(Code 1999, § 10-430; Ord. No. 544, 2-4-1991; Ord. No. 90(94), 9-6-1994)
::: phx-name
[CHAPTER 10-5 OFFENSES AGAINST THE
PUBLIC](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-5_OFFENSES_AGAINST_THE_PUBLIC){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 10-501 Public
Intoxication](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-501_Public_Intoxication){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-502 Marijuana And Controlled Dangerous Substances
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-502_Marijuana_And_Controlled_Dangerous_Substances_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-503 Drug
Paraphernalia](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-503_Drug_Paraphernalia){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-504 Sniffing Glue, Paint And Other
Substances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-504_Sniffing_Glue,_Paint_And_Other_Substances){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-505 Curfew For
Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-505_Curfew_For_Minors){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-506 False Representation As Blind, Crippled Or Physically
Defective To Obtain Money,
Aid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-506_False_Representation_As_Blind,_Crippled_Or_Physically_Defective_To_Obtain_Money,_Aid){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-507 Prowling On
Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-507_Prowling_On_Premises){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-508 Misrepresenting Age By False
Documents](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-508_Misrepresenting_Age_By_False_Documents){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-509 Obscene, Threatening Or Harassing Telecommunication Or Other
Electronic
Communications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-509_Obscene,_Threatening_Or_Harassing_Telecommunication_Or_Other_Electronic_Communications){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-510 Disorderly
House](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-510_Disorderly_House){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-511 Nudity, Improper Dress And Indecent
Exposure](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-511_Nudity,_Improper_Dress_And_Indecent_Exposure){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-512 Gambling And Gambling
Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-512_Gambling_And_Gambling_Devices){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-513 Prostitution
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-513_Prostitution_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-514 Offenses Near
Schools](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-514_Offenses_Near_Schools){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-515 Sleeping In Places,
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-515_Sleeping_In_Places,_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-516 Contributing To Delinquency Of A
Minor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-516_Contributing_To_Delinquency_Of_A_Minor){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-517 Prevention Of Youth Access To
Tobacco](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-517_Prevention_Of_Youth_Access_To_Tobacco){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-518 Display Of Material Harmful To
Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-518_Display_Of_Material_Harmful_To_Minors){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-519 Spray Paint Restrictions For
Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-519_Spray_Paint_Restrictions_For_Minors){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 10-501 Public
Intoxication](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-501_Public_Intoxication){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall be in any public place in a state of intoxication. A
state of intoxication means the condition in which a person is under the
influence of drugs, intoxicating liquors or nonintoxicating beverage to
such an extent as to deprive the person of his full mental or physical
power or be unable to exercise care for his own safety or the safety of
others.
(Code 1999, § 10-501)
**State Law reference**--- Oklahoma Alcohol and Drug Abuse Services Act,
43A O.S. § 3-401 et seq.; intoxication in a public place or at a public
gathering, 37 O.S. § 8.
::: phx-name
[Sec 10-502 Marijuana And Controlled Dangerous Substances
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-502_Marijuana_And_Controlled_Dangerous_Substances_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful for any person to:
1. Possess a controlled dangerous substance including, but not
limited to: methamphetamine, heroin, opium, opiates, cocaine or
any other illegal substances as noted in Title 63 O.S. §2-101 et
seq., unless such substance was obtained directly, or pursuant
to a valid prescription or order from a practitioner, while
acting in the course of his or her professional practice.
2. Possess marijuana in any place within the city; unless that
person is in possession of an appropriate license issued by the
Oklahoma Medical Marijuana Authority of the State of Oklahoma.
No person shall possess a quantity of medical marijuana in
excess of the amounts proscribed by state law as established for
each category of license; possession of up to one and one half
ounces of marijuana by a person who can state a medical
condition, but are not in possession of a state issued medical
marijuana license shall be punishable by a fine not to exceed
\$400.00 or maximum allowed by state law. Unless otherwise
stated, violation of any provision contained in this paragraph
is punishable by a fine of up to \$500.00 and court costs.
3. Use marijuana in any place within the city except as legally
prescribed by a physician licensed to practice in the state; or
to use smokable, vaporized, vapable and e-cigarettes medical
marijuana and medical marijuana products smoked by a patient
license holder at locations that would violate 63 O.S. § 1-1521
et seq., commonly referred to as the \"Smoking in Public Places
and Indoor Workplace Act\" and part 8, chapter 7 sections 8-701
through 8-704 of this Code; or
4. Be about a place where marijuana is sold or furnished illegally.
2. For the purpose of this section, the term \"marijuana\" means all
parts of the plant cannabis sativa L., whether growing or not; the
seeds thereof; the resin extracted from any part of such plant; and
every compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds or resin, but shall not include
the mature stalks of such plant, fibre produced from such stalks,
oil or cake made from the derivative, mixture or preparation of such
mature stalks (except resin extracted therefrom), fibre, oil or
cake, or the sterilized seed of such plant which is incapable of
germination.
3. For the purpose of this section, the term \"controlled dangerous
substance\" means a drug, substance or immediate precursor in
Schedules I through V of the Uniform Controlled Dangerous Substances
Act or any drug, substance or immediate precursor listed either
temporarily or permanently as a federally controlled substance. Any
conflict between state and federal law with regard to the particular
schedule in which a substance is listed shall be resolved in favor
of state law.
4. Any person who violates any of the provisions of this section or
fails to comply with any of the requirements thereof, as it pertains
to a controlled dangerous substance other than marijuana, shall be,
upon conviction, guilty of a misdemeanor punishable by a fine not to
exceed the lesser of \$500.00 and court costs or the maximum allowed
by state law.\
(Prior Code, § 16-63, in part; Code 1999, § 10-502)
**State Law reference**--- Controlled dangerous substances, 63 O.S. §
2-101 et seq.
::: phx-docs
HISTORY\
*Amended by Ord.
[895(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346542_Ordinance%20No.%20895%20(18).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/3/2018\
Amended by Ord.
[1029.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1029.23.pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/5/2023\
*
:::
::: phx-name
[Sec 10-503 Drug
Paraphernalia](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-503_Drug_Paraphernalia){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. For the purpose of this section, the term \"drug paraphernalia\"
means all equipment, products and materials of any kind which are
used, intended for use, or designed for use, in planting,
propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the
human body a controlled substance in violation of the Oklahoma
Uniform Controlled Dangerous Substances Act (63 O.S. § 2-101 et
seq.), hereinafter referred to as \"the Act,\" and adopted by
reference herein. The term \"drug paraphernalia\" includes, but is
not limited to:
1. Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting of any species
of plant which is a controlled substance or from which a
controlled substance can be derived;
2. Kits used, intended for use, or designed for use in
manufacturing, compounding, converting, producing, processing,
or preparing controlled substances;
3. Isomerization devices used, intended for use, or designed for
use in identifying, or in analyzing the strength, effectiveness
or purity of controlled substances;
4. Testing equipment used, intended for use, or designed for use in
identifying, or in analyzing the strength, effectiveness or
purity of controlled substances;
5. Scales and balances used, intended for use, or designed for use
in weighing or measuring controlled substances;
6. Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use,
or designed for use in cutting controlled substances;
7. Separation gins and sifters used, intended for use, or designed
for use in removing twigs and seeds from, or in otherwise
cleaning or refining, marijuana;
8. Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled
substances;
9. Capsules, balloons, envelopes and other containers used,
intended for use, or designed for use in packaging small
quantities of controlled substances;
10. Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances;
11. Hypodermic syringes, needles and other objects used, intended
for use, or designed for use in parenterally injecting
controlled substances into the human body; and
12. Objects used, intended for use, or designed for use in
ingesting, inhaling, or otherwise introducing marijuana,
cocaine, hashish, or hashish oil into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish
heads, or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Roach clips; meaning objects used to hold burning materials,
such as a marijuana cigarette, that has become too small or
too short to be held in the hand;
6. Miniature cocaine spoons, and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air-driven pipes;
11. Chillums;
12. Bongs; or
13. Ice pipes or chiller.
2. In determining whether an object is drug paraphernalia, a court or
other authority should consider, in addition to all other logically
relevant factors, the following:
1. Statements by an owner or by anyone in control of the object
concerning its use;
2. Prior convictions, if any, of an owner, or of anyone in control
of the object, under any state or federal law relating to any
controlled substance;
3. The proximity of the object, in time and space, to a direct
violation of the Act;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the
object:
6. Direct or circumstantial evidence of the intent of an owner, or
of anyone in control of the object, to deliver it to persons
whom he knows, or should reasonably know, intended to use the
object to facilitate a violation of the Act; the innocence of an
owner, or of anyone in control of the object, as to a direct
violation of the Act shall not prevent a finding that the object
is intended for use, or designed for use as drug paraphernalia;
7. Instructions, oral or written, provided with the object
concerning its use;
8. Descriptive materials accompanying the object which explain or
depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community,
such as a licensed distributor or dealer of tobacco products;
12. Direct or circumstantial evidence of the ratio of sales of the
objects to the total sales of the business enterprise;
13. The existence and scope of legitimate uses for the object in the
community; and
14. Expert testimony concerning its use.
3. It is unlawful for any person to use, or to possess with intent to
use, drug paraphernalia to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal, inject,
ingest, inhale, or otherwise introduce into the human body a
controlled substance in violation of the Act.
4. It is unlawful for any person to deliver, possess with intent to
deliver, or manufacture with intent to deliver, drug paraphernalia,
knowing, or under circumstances where one reasonably should know,
that it will be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale, or otherwise introduce into the human body a controlled
substance in violation of the Act.
5. It is unlawful for any person to place in any newspaper, magazine,
handbill, or other publication any advertisement, knowing, or under
circumstances where one reasonably should know, that the purpose of
the advertisement, in whole or in part, is to promote the sale of
objects designed or intended for use as drug paraphernalia.
6. The term drug paraphernalia shall not include equipment, products
and materials of any kind which are used, intended for use, or
designed for use, in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body medical marijuana where
the possession of such items is authorized by an appropriate license
issued by the State of Oklahoma, Medical Marijuana Authority.
(Code 1999, § 10-503)
**State Law reference**--- Similar provisions, 63 O.S. §§ 2-101.1,
2-405.
::: phx-docs
HISTORY\
*Amended by Ord.
[894(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601346334_Ordinance%20No.%20894%20(18).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/3/2018\
*
:::
::: phx-name
[Sec 10-504 Sniffing Glue, Paint And Other
Substances](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-504_Sniffing_Glue,_Paint_And_Other_Substances){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall sniff or inhale paint, glue, gasoline or other volatile
substances for purposes of intoxication.
(Code 1999, § 10-504)
**State Law reference**--- Glue sniffing, 63 O.S. § 465.20.
::: phx-name
[Sec 10-505 Curfew For
Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-505_Curfew_For_Minors){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:\
*\
Minor* means any person under the age of 18.\
*\
Parent* means any person having legal custody of a minor as a:
1. Natural or adoptive parent;
2. Legal guardian;
3. Person who stands in loco parentis; or
4. Person to whom legal custody has been given by order of the
court.
*Public place* means any street, alley, highway, sidewalk, park,
playground or place to which the general public has access and a
right to resort for business, entertainment, or other lawful
purpose. A public place shall include, but not be limited to, any
store, shop, restaurant, tavern, bowling alley, cafe, theater, drug
store, pool room, shopping center and any other place devoted to
amusement or entertainment of the general public. It shall also
include the front or immediate area of the above.\
*\
Remain* means to stay behind, to tarry and to stay unnecessarily
upon the streets, including the congregating of groups (or of
interacting minors) totaling four or more persons in which any minor
involved would not be using the streets for ordinary or serious
purposes such as mere passage or going home.\
*\
Street* means a way or place, of whatsoever nature, open to the use
of the public as a matter of right for purposes of vehicular travel
or in the case of a sidewalk thereof for pedestrian travel. The term
\"street\" includes the legal right-of-way, including, but not
limited to, the cartway or traffic lanes, the curb, the sidewalks,
whether paved or unpaved, and any grass plots or other grounds found
within the legal right-of-way of a street.\
*\
Time of night* referred to here is based upon the prevailing
standard of time, whether Central Standard Time or Central Daylight
Saving Time, generally observed at that hour by the public.\
*\
Year of age* continues from one birthday, such as the 17th to (but
not including the day of) the next, such as the 18th birthday,
making it clear that 17 or less years of age is herein treated as
equivalent to the phrase \"under 18 years of age.\"
2. It shall be unlawful for any person 17 or less years of age
(under 18) to be or remain in or upon the streets or public places
within the city at night during the period ending 5:00 a.m. and
beginning:
1. At 11:00 p.m. for minors on Sunday through Thursday; and
2. At 1:00 a.m. on Saturday morning and Sunday morning for minors.
3. In the following exceptional cases, a minor on a city street or in a
public place during the nocturnal hours for which this section is
intended to provide the maximum limits of regulation does not
constitute a violation of the curfew regulations:
1. When accompanied by a parent of such minor;
2. When accompanied by an adult authorized by a parent of such
minor to take the parent\'s place accompanying the minor for a
designated period of time, date and purpose within a specified
area. The authorized adult shall possess a written communication
signed by the minor and countersigned by the parent/legal
guardian of such minor which includes their home address and
telephone number. The authorized adult shall have this
communication from the minor\'s parent/guardian in his
possession;
3. When exercising First Amendment rights protected by the United
States Constitution, such as the free exercise of religion,
freedom of speech and the right of assembly. Such minor shall
evidence the bona fides of such exercise by possessing a written
communication, signed by such minor and countersigned by a
parent or legal guardian of such minor with their home address
and telephone number, specifying times and dates when, and
where, and in what manner the minor will be on the streets and
other public places at night (during hours when the curfew
regulations are otherwise applicable to the minor) in the
exercise of a First Amendment right specified in such
communication;
4. The minor is on an errand, specific business or activity of an
emergency nature directed or permitted by his parent;
5. If the minor has in the minor\'s possession a written
communication signed by the minor and countersigned by a parent
or legal guardian of such minor evidencing their home address
and telephone number, and establishing such reason relating to a
direct route for a designated time for a described purpose
including points of origin and destination. Each communication
will also note the date and time limits the reason will
encompass;
6. When the minor is on the sidewalk of the place where such minor
resides, or on the sidewalk of either next-door neighbor not
communicating an objection to the police officer;
7. When returning home, by a direct route, from (and within 45
minutes of the termination of) a school activity, or an activity
of a religious or the voluntary association, provided the minor
has a written communication in the minor\'s possession,
countersigned by the parent or legal guardian indicating the
home address and telephone number, the purpose for the event,
and when, where and in what manner the minor will be on the
streets at night;
8. Upon being petitioned, the city council may authorize by
regulation a relaxation of the curfew in other matters of
reasonable necessity and is determined to be consistent with the
public interest and the purposes of these curfew regulations.
Normally, such regulation by the city council permitting use of
the streets or public places should be issued sufficiently in
advance to permit appropriate notification of agencies, such as
the schools, and the media when appropriate. The regulation
shall define the activity, the scope of the use of the streets
or public places permitted, and the period of time involved, not
to extend more than 45 minutes beyond the time for termination
of such activity;
9. When the minor is within the scope of his employment and carries
a certified card or some other form indicating employment,
briefly identifying the minor, the addresses and telephone
numbers of his home and his place of employment and his hours of
employment or carries a valid proof of employment; or
10. Whenever the minor is engaged in interstate or intrastate
vehicular travel with consent of his parent or legal guardian.
This contemplates normal travel and clearly exempts bona fide
interstate movement through the city, particularly on normal
routes.
4. It shall be unlawful for a parent, or other person, having legal
custody of a minor knowingly to permit, or by inefficient control to
allow, such a minor to be or remain upon any city street or public
place under circumstances not constituting an exception to, or
otherwise beyond the scope of, the curfew regulations. The term
\"knowingly\" includes knowledge which a parent, or legal guardian,
should reasonably be expected to have concerning the whereabouts of
a minor in that parent\'s or person\'s legal custody. It is intended
to continue to keep neglectful or careless parents or legal
guardians up to a reasonable community standard of parental
responsibility through an objective test. It shall be no defense
that a parent was completely indifferent to the activities or
conduct or whereabouts of such minor.
5. A police officer of the city, upon finding or having attention
called to any minor on the streets in prima facie violation of the
curfew regulations, normally shall take the minor to the city police
station, or other place designated by the chief of police, where a
parent, or legal guardian, shall immediately be notified to come for
such minor, whereupon they may be questioned about the necessary
facts constituting a violation of these regulations. In the absence
of convincing evidence such as a birth certificate, a police officer
on the street shall in the first instance use his best judgment in
determining age. In the case of a first violation by a minor, the
municipal court shall cause to be personally delivered or, by
certified mail, sent to a parent, or legal guardian, written notice
of the violation with a warning that any subsequent violation will
result in full enforcement of the curfew regulations, including
enforcement of parental responsibility and of applicable penalties.
6. If, after the warning notice pursuant to subsection (E) of this
section of a first violation by a minor, a parent or legal guardian
violates the section (in connection with a second violation by the
minor), this shall be treated as an offense by the parent or legal
guardian. The penalty, upon a plea of guilty, nolo contendere, or
finding of guilt, shall be punished as provided in section 1-108, or
a term of community service.
(Code 1999, § 10-505; Ord. No. 85(94), 6-6-1994)
::: phx-name
[Sec 10-506 False Representation As Blind, Crippled Or Physically
Defective To Obtain Money,
Aid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-506_False_Representation_As_Blind,_Crippled_Or_Physically_Defective_To_Obtain_Money,_Aid){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall falsely represent himself as blind, deaf, dumb, crippled
or physically defective for the purpose of obtaining money or other
things of value, or to secure aid or assistance on account of such false
representation.
(Code 1999, § 10-506)
::: phx-name
[Sec 10-507 Prowling On
Premises](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-507_Prowling_On_Premises){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall be upon the property or premises of another with the
intent to peer or peep into the window or door of the dwelling.
(Code 1999, § 10-507)
**State Law reference**--- Peeping toms generally, 21 O.S. § 1171.
::: phx-name
[Sec 10-508 Misrepresenting Age By False
Documents](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-508_Misrepresenting_Age_By_False_Documents){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall, for the purpose of violating any statutes of the state
or any ordinances of the city, willfully and knowingly misrepresent his
age by presenting a false document purporting to state his true age or
by presenting a document not his own.
(Code 1999, § 10-508)
**State Law reference**--- Misrepresentation of age by false documents,
21 O.S. § 1518 et seq.
::: phx-name
[Sec 10-509 Obscene, Threatening Or Harassing Telecommunication Or Other
Electronic
Communications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-509_Obscene,_Threatening_Or_Harassing_Telecommunication_Or_Other_Electronic_Communications){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It shall be unlawful for a person who, by means of a
telecommunication or other electronic communication device,
willfully:
1. Makes any comment, request, suggestion, or proposal which is
obscene, lewd, lascivious, filthy, or indecent;
2. Makes a telecommunication or other electronic communication with
intent to terrify, intimidate or harass, or threaten to inflict
injury or physical harm to any person or property of that
person;
3. Makes a telecommunication or other electronic communication,
whether or not conversation ensues, with intent to put the party
called in fear of physical harm or death;
4. Makes a telecommunication or other electronic communication,
whether or not conversation ensues, without disclosing the
identity of the person making the call or communication and with
intent to annoy, abuse, threaten, or harass any person at the
called number;
5. Knowingly permits any telecommunication or other electronic
communication under the control of the person to be used for any
purpose prohibited by this section; and
6. In conspiracy or concerted action with other persons, makes
repeated calls or electronic communications or simultaneous
calls or electronic communications solely to harass any person
at the called numbers.
2. As used in this section, the term \"telecommunication\" and
\"electronic communication\" mean any type of telephonic, electronic
or radio communications, or transmission of signs, signals, data,
writings, images and sounds or intelligence of any nature by
telephone, including cellular telephones, wire, cable, radio,
electromagnetic, photoelectronic or photo-optical system or the
creation, display, management, storage, processing, transmission or
distribution of images, text, voice, video or data by wire, cable or
wireless means, including the Internet. The term
\"telecommunication\" includes:
1. A communication initiated by electronic mail, instant message,
network call, or facsimile machine; and
2. A communication made to a pager.
3. Use of a telephone or other electronic communications facility under
this section shall include all use made of such a facility between
the points of origin and reception. Any offense under this section
is a continuing offense and shall be deemed to have been committed
at either the place of origin or the place of reception.
4. Any person who is convicted of the provisions of subsection (A) of
this section shall be punished pursuant to section 1-108.
(Code 1999, § 10-509; Ord. No. 612(08), 1-22-2008)
**State Law reference**--- Similar provisions, 21 O.S. § 1172.
::: phx-name
[Sec 10-510 Disorderly
House](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-510_Disorderly_House){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A disorderly house means any structure or vehicle by which the
peace, comfort, health, welfare or decency of the public is
disturbed by reason of the people therein committing or resorting to
any of the following acts:
1. The sale, distribution, possession or use of any controlled
dangerous substance, the sale, distribution, possession or use
of which is declared unlawful by state statute;
2. The violation of any of the ordinances of the city or statutes
of the state regulating the sale, distribution, possession or
use of alcoholic and nonintoxicating beverages as defined by
law;
3. The performance of any sexual act declared unlawful by state
statute or city ordinance, including, but not limited to,
soliciting for purposes of prostitution; or
4. The violation of any state statute or city ordinance prohibiting
gambling.
2. No person shall keep or maintain, or aid, abet or assist in keeping
and maintaining a disorderly house.
3. No owner, lessee, lessor, or other person, partnership or
corporation having control over any house, building, structure,
tent, vehicle, mobile home, or recreational vehicle shall knowingly
use, lease, sublease or otherwise permit the use of same for the
purpose of keeping therein any disorderly house; and knowing or
ascertaining that such house, building, structure, tent, vehicle,
mobile home, or recreational vehicle is so occupied as a disorderly
house, no persons, partnership or corporation shall continue to
grant permission to so use such premises as a disorderly house.
4. No person shall knowingly reside in, enter into, or remain in a
disorderly house. In any prosecution for violation of this section,
the city shall have the burden to prove such knowledge by direct
evidence only and not by circumstantial evidence. This section shall
not apply to physicians or officers in the discharge of their
professional or official duties.
(Code 1999, § 10-510)
**State Law reference**--- Municipal power to regulate disorderly houses
and indecencies, 11 O.S. § 22-109.
::: phx-name
[Sec 10-511 Nudity, Improper Dress And Indecent
Exposure](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-511_Nudity,_Improper_Dress_And_Indecent_Exposure){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to:
1. Appear in any public place in the city in a state of nudity;
2. Appear in any public place in the city in any offensive, indecent or
lewd dress; or
3. Make an indecent public exposure of his person.
(Prior Code, § 16-37; Code 1999, § 10-511)
**State Law reference**--- Similar provisions, 21 O.S. § 1021.
::: phx-name
[Sec 10-512 Gambling And Gambling
Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-512_Gambling_And_Gambling_Devices){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any person who plays or carries on, or opens or causes to be opened,
or who conducts, either as owner or employee, roulette, craps, or
any banking or percentage game, played with dice, cards or any other
device, for money, checks, credit or any representative of value, or
any other gambling game, is guilty of an offense.
2. Any person who bets on or plays at any of the prohibited games
mentioned in subsection (A) of this section, or otherwise gambles,
is guilty of an offense.
3. It is unlawful for any person to exhibit or expose to view in any
building, or in any part of or room in any building, any table,
cards, dice, roulette wheel or other article or apparatus designed
for or used for gambling purposes.
4. It is unlawful for any person to keep, own, operate, use, conduct or
cause to be kept, operated, used or conducted, either as owner,
manager, dealer, clerk or employee, and whether for hire or not, any
punch board, machine, cards, game, parlay card or any other device
or paraphernalia, wherein or whereby any money or property or any
representative of either, or other valuable thing, may be played,
bet, staked, wagered or hazarded, won, lost or obtained upon any
change, combination of numbers, emblems or any uncertain or
contingent event or condition, or football or baseball contest.
5. It is unlawful for any person to play any prohibited game described
in this section.
6. It is unlawful for any person to bar or barricade any building, or
any part of or room in any building, in order to render the same
difficult of access or ingress to the police officers of the city,
in which building, or any part of or room in any such building, any
table, cards, dice, roulette wheel or other article or apparatus
designed for or being used for gambling purposes are exhibited or
exposed to view.
7. The apparatus and paraphernalia used in the conduct of any of the
gambling games prohibited by this section are hereby declared to be
a public nuisance and subject to seizure and suppression by any
officer, and shall be abated, forfeited and destroyed upon the order
and decree of any court of competent jurisdiction.
8. It is unlawful for any person to knowingly be about in the immediate
vicinity where a person is gambling, whether by playing games,
operating a slot machine or other device, or otherwise.
9. Nothing herein contained shall be construed to prevent the
sponsoring and operation of bingo games by nonprofit religious,
fraternal, charitable or educational organizations, provided the
organizations are properly licensed and operated in accordance with
law.
(Prior Code, §§ 16-31, 16-32; Code 1999, § 10-512)
**State Law reference**--- Gambling generally, 21 O.S. § 941 et seq.;
search and seizure of equipment used for gambling, 22 O.S. § 1261 et
seq.
::: phx-name
[Sec 10-513 Prostitution
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-513_Prostitution_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. As used in this section, the term \"prostitution\" means and
includes the getting or receiving of the body for sexual intercourse
for hire and includes the giving or receiving of the body for
indiscriminate sexual intercourse without hire.
2. It is unlawful:
1. To engage in prostitution, lewdness or assignation;
2. To solicit, induce, entice or procure another to commit an act
of lewdness, assignation or prostitution; or
3. To aid, abet or participate in the doing of any of the acts
herein prohibited.
3. No person shall in any way or manner whatever, keep, harbor or house
any prostitute.
4. No person shall entice or attempt to entice any female into a house
of prostitution, or have illicit sexual intercourse with any female
under 18 years of age.
5. No person shall keep or maintain a house of prostitution or house of
assignation.
6. No person shall lease, let or furnish any building, room, tent or
structure of any kind, or any conveyance used or to be used as a
place of prostitution or assignation within the city, or knowingly
permit the same to be so used.
7. No person shall knowingly accept, receive, levy or appropriate any
money or other thing of value without consideration from a
prostitute or from the proceeds of any women engaged in
prostitution.
8. No person shall offer, or offer to secure another for the purpose of
prostitution, or for any other lewd or indecent act.
9. No person shall direct, take or transport, or offer or agree to take
or transport or aid or assist in transporting, any person to any
house, place, building or other structure, vehicle, trailer or other
conveyance, or to any other person with knowledge or having
reasonable cause to believe that the purpose of such directing,
taking or transporting is prostitution, lewdness or assignation.
(Prior Code, § 16-36; Code 1999, § 10-513)
**State Law reference**--- Definition of prostitution, 21 O.S. § 1030;
soliciting, 21 O.S. § 1029; pimping, 21 O.S. § 1081.
::: phx-name
[Sec 10-514 Offenses Near
Schools](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-514_Offenses_Near_Schools){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall engage in any of the conduct or acts hereinafter set
forth around, in or near any school or school grounds or streets and
alleys adjacent to any school:
1. Any conduct that would disturb the orderly conduct of the school;
2. Annoying or molesting any student or employee of the school;
3. Lewd or wanton conduct in, near or around any of the schools or
school grounds or streets and alleys adjacent to the schools;
4. Moving or parking any vehicle in the vicinity of any school for the
purpose of annoying or molesting any student or employee of the
school; or
5. Any other act or conduct calculated to or likely to annoy or molest
any student or employee of such school.
(Code 1999, § 10-514)
::: phx-name
[Sec 10-515 Sleeping In Places,
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-515_Sleeping_In_Places,_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person, without lawful reason, between the hours
of 12:00 midnight and sunrise, to sleep on any street, in any other
public place, or on any property of another without the expressed or
tacit consent of the owner or person in charge of such place.
(Code 1999, § 10-515)
::: phx-name
[Sec 10-516 Contributing To Delinquency Of A
Minor](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-516_Contributing_To_Delinquency_Of_A_Minor){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The term \"any person,\" as used in this section, means any human
being, without regard to the legal or natural relationship to a
minor, as well as legal or corporate entities. The term \"minor\"
means any person under the age of 18 years.
2. Any person who shall knowingly or willfully cause, aid, abet or
encourage a minor to be, to remain, or to become a delinquent child,
as defined by state law, shall be guilty of an offense.
(Prior Code, § 16-16; Code 1999, § 10-516)
**State Law reference**--- Contributing to delinquency of minors, 21
O.S. § 856 et seq.
::: phx-name
[Sec 10-517 Prevention Of Youth Access To
Tobacco](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-517_Prevention_Of_Youth_Access_To_Tobacco){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Definitions*. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this
subsection, except where the context clearly indicates a different
meaning:
1. *Nicotine Product* means any product that contains nicotine
extracted or isolated from plants, vegetables, fruit, herbs,
weeds, genetically modified organic matter, or that is synthetic
in origin and is intended for human consumption; provided,
however, this term shall not include products approved by the
United States Food and Drug Administration for smoking
cessation.\
2. *Person* means any individual, firm, fiduciary, partnership,
corporation, trust, or association, however formed.
3. *Proof of age* means a driver\'s license, license for
identification only, or other generally accepted means of
identification that describes the individual as 21 years of age
or older and contains a photograph or other likeness of the
individual and appears on its face to be valid.
4. *Sample* means a tobacco product, nicotine product or vapor
product distributed to members of the public at no cost for the
purpose of promoting the product.
5. *Tobacco product* means any product that contains tobacco and is
intended for human consumption.
6. *Transaction scan* means the process by which a seller checks,
by means of a transaction scan device, the validity of a
driver\'s license or other government-issued photo
identification.
7. *Transaction scan device* means any commercial device or
combination of devices used at a point of sale or entry that is
capable of deciphering in an electronically readable format the
information encoded on the magnetic strip or bar code of a
driver\'s license or other government-issued photo
identification.
8. *Vapor products* means noncombustible products, that may or may
not contain nicotine, that employ a mechanical heating element,
battery, electronic circuit, or other mechanism, regardless of
shape or size, that can be used to produce a vapor in a solution
or other form. The term \"vapor products\" shall include any
vapor cartridge or other container with or without nicotine or
other form that is intended to be used with an electronic
cigarette, electronic cigar, electronic cigarillo, electronic
pipe, or similar product or device and any vapor cartridge or
other container of a solution, that may or may not contain
nicotine, that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo or electronic
device. The term \"vapor products\" do not include any products
regulated by the United States Food and Drug Administration
under chapter V of the Food, Drug, and Cosmetic Act.
2. *Furnishing or sale of tobacco products, nicotine products or vapors
to minors*.
1. It shall be unlawful and an offense for any person to sell,
give, or furnish in any manner any tobacco product, nicotine
product, nicotine product or vapor product to another person who
is under 21 years of age or to purchase in any manner a tobacco
product or vapor product on behalf of any such person. It shall
not be unlawful for an employee under 21 years of age to handle
tobacco products, nicotine or vapor product when required in the
performance of the employee\'s duties.
2. Any person engaged in the sale or distribution of tobacco
products or vapor products shall demand proof of age from a
prospective purchaser or recipient if an ordinary person would
conclude on the basis of appearance that the prospective
purchaser may be under 21 years of age. If an individual engaged
in the sale or distribution of tobacco products, nicotine
product, nicotine products or vapor products has demanded and
was shown proof of age from a prospective purchaser or recipient
who is not under 21years of age, the failure to subsequently
require proof of age shall not constitute a violation of this
subsection.
3. If the sale of a tobacco product, nicotine product or vapor
product to a minor is made by an employee of the owner of a
store at which these products are sold at retail, the employee
shall be guilty of the violation and shall be subject to the
fine. If employees of the owner of the store at which tobacco
products, nicotine products or vapor products are sold at retail
are found to be in violation of this section, the owner of the
store, if the owner knew of the employee\'s previous violations,
shall also be found to be in violation and shall be subject to
an identical fine. An owner of a store licensed to sell tobacco
products, nicotine products or vapor products shall not be
deemed in violation of the provisions of subsection (B)(1)
or (2) of this section for any acts constituting a violation by
an employee of the store owner, if the violation occurred prior
to actual employment of the person by the store owner, or the
violation occurred at a location other than the owner\'s store.
4. Penalty. Any person violating the provisions of subsection
(B)(1) or (2) of this section shall be guilty of an offense and,
upon conviction, shall be punished by a fine in the amount of
not less than \$25.00 nor more than \$200.00.
5. Record to be sent to the alcoholic beverage laws enforcement
commission. Upon conviction for violating the provisions of
subsection (B)(1) or (2) of this section, a report of the
conviction of the person shall be forwarded by the municipal
court clerk of the city to the alcoholic beverage laws
enforcement (\"ABLE\") commission for possible administrative
action.
6. Defenses. Proof that the defendant demanded, was shown, and
reasonably relied upon proof of age shall be a defense to
prosecution under subsection (B)(1) or (2) of this section. A
person cited for violation of this section shall be deemed to
have reasonably relied upon proof of age, and such person shall
not be found guilty of such violation, if such person proves
that:
1. The individual who purchased or received the tobacco
product, nicotine product or vapor product presented a
driver\'s license or other government-issued photo
identification purporting to establish that such individual
was 21 years of age or older; and
2. The person cited for the violation confirmed the validity of
the driver\'s license or other government-issued photo
identification presented by such individual by performing a
transaction scan by means of a transaction scan device;\
provided that this defense shall not relieve from liability
any person cited for a violation of this section if such
person failed to exercise reasonable diligence to determine
whether the physical description and picture appearing on
the driver\'s license or other government-issued photo
identification was that of the individual who presented it.
The availability of the defense described in this
subsection (6) does not affect the availability of any other
defense under any other provision of law.
7. Notice to be sent to the department of public safety. Upon
failure of the employee to pay the fine within 90 days of the
day of the assessment of such fine, the clerk of the municipal
court shall notify the department of public safety and the
department shall suspend or not issue a driver\'s license to the
employee until proof of payment has been furnished to the
department of public safety. Upon failure of a store owner to
pay the fine within 90 days of the assessment of such fine, the
clerk of the municipal court shall notify the state tax
commission and the state tax commission shall suspend the
store\'s license to sell tobacco products until proof of payment
has been furnished to the state tax commission.
8. For purposes of determining the liability of a person
controlling franchises or business operations in multiple
locations for any violation of subsection (B)(1) or (2) of this
section, each individual franchise or business location shall be
deemed a separate entity.
```{=html}
```
```{=html}
```
3. *Receipt of tobacco product, nicotine products or vapor products by
minors*
1. It is unlawful for a person who is under twenty-one (21) years
of age to purchase, receive, or have in his or her possession a
tobacco product, nicotine product or vapor product, or to
present or offer to any person any purported proof of age which
is false or fraudulent, for the purpose of purchasing or
receiving any tobacco product, nicotine product or vapor product
or to present or offer to any person purported proof of age
which is false or fraudulent, for the purpose of purchasing or
receiving any tobacco product, nicotine product or vapor
product. It shall not be unlawful for an employee under
twenty-one (21) years of age to handle tobacco products,
nicotine products or vapor products when in the performance of
the employee\'s duties.
2. Penalty. Any person violating the provisions of subsection
(C)(1) of this section shall be guilty of an offense and, upon
conviction, shall complete an education or tobacco use cessation
program approved by the court.
3. If the violator fails to complete the tobacco use cessation
program ordered by the court, a fine may be imposed that shall
not exceed Fifty Dollars (\$50.00) for a first offense or One
Hundred Dollard (\$100.00) for subsequent offenses.
4. The violator may also be required to complete a community
service program or other appropriate programs or services as
ordered by the court.
5. They city shall establish rules to provide for notification to a
parent or guardian of any minor cited for a violation of this
section.
4. *Distribution of tobacco product, nicotine product or vapor product
samples*.
1. It shall be unlawful and an offense for any person to distribute
tobacco product samples or vapor product samples to any person
under 21 years of age.
2. Notwithstanding subsection (D)(1) of this section, no person
shall distribute tobacco product samples, nicotine samples,
nicotine product samples or vapor product samples in or on any
public street, sidewalk, or park that is within 300 feet of any
playground, school, or other facility when the facility is being
used primarily by persons under 21 years of age.
3. Penalty. Any person violating the provisions of subsection
(D)(1) or (2) of this section shall be guilty of an offense and,
upon conviction, shall be punished by a fine in the amount of
not less than \$25.00 nor more than \$200.00.
4. Notice to be sent to the department of public safety. Upon
failure of an individual to pay any fine within 90 days of the
assessment of such fine, the clerk of the municipal court shall
notify the department of public safety, and the department shall
suspend or not issue a driver\'s license to the individual until
proof of payment has been furnished to the department of public
safety.
5. *Sale of tobacco products except in original sealed package*.
1. It is unlawful and an offense for any person to sell cigarettes
except in the original, sealed package in which they were placed
by the manufacturer.
2. Any person violating the provisions of subsection (E)(1) of this
section shall be guilty of an offense and, upon conviction,
shall be punished by a fine of not more than \$200.00, excluding
costs, fees and assessments, for each offense.
6. *Signs in retail establishments required*.
1. Every person who sells or displays tobacco products, nicotine
products or vapor products at retail shall post conspicuously
and keep so posted at the place of business a sign, as specified
by the alcoholic beverage laws enforcement (ABLE) commission,
stating the following:\
\"IT\'S THE LAW, WE DO NOT SELL TOBACCO PRODUCTS, NICOTINE
PRODUCTS OR VAPOR PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE.\"\
The sign shall also provide the toll-free number operated by the
alcoholic beverage laws enforcement (ABLE) commission for the
purpose of reporting violations of the Prevention of Youth
Access to Tobacco Act.
2. Any person violating the provisions of subsection (F)(1) of this
section shall be guilty of an offense and, upon conviction,
shall be punished by a fine of not more than \$50.00, excluding
costs, fees and assessments, for each day a violation occurs.
Each day a violation is continuing shall constitute a separate
offense. The notice required by subsection (F)(1) of this
section shall be the only notice required to be posted or
maintained in any store that sells tobacco products, nicotine
products, or vapor products at retail.
7. *Notice to retail employees*.
1. Every person engaged in the business of selling tobacco products
at retail shall notify each individual employed by that person
as a retail sales clerk that state law:
1. Prohibits the sale or distribution of tobacco products,
nicotine products or vapor products to any person under 21
years of age and the purchase or receipt of these products
by any person under 21 years of age; and
2. Requires that proof of age be demanded from a prospective
purchaser or recipient if an ordinary person would conclude
on the basis of appearance that the prospective purchaser or
recipient may be under 21 years of age.
2. This notice shall be provided before the individual commences
work as a retail sales clerk. The individual shall signify that
he has received the notice required by this section by signing a
form stating as follows:\
\"I understand that state law prohibits the sale or distribution
of tobacco products, nicotine productsor vapor products to
persons under 21 years of age and out-of-package sales, and
requires proof of age of purchaser or recipient if an ordinary
person would conclude on the basis of appearance that the
prospective purchaser or recipient may be under 21 years of age.
I promise, as a condition of my employment, to obey the law. I
understand that violations by me may be punishable by fines,
suspension, or non-issuance of my driver\'s license. In
addition, I understand that violations by me may subject the
store owner to fines or license suspension.\"
8. *Vending machine sales restricted*.
1. It shall be unlawful for any person to sell tobacco products,
nicotine products or vapor products through a vending machine
unless the vending machine is located:
1. In areas of factories, businesses, offices, or other places
that are not open to the public; or
2. In places that are open to the public, but to which persons
under 21 years of age are not admitted.
2. Any person violating the provisions of subsection (H)(1) of this
section shall be guilty of an offense and, upon conviction,
shall be punished by a fine of not more than \$200.00, excluding
costs, fees and assessments, for each offense.
9. *Display or sale of tobacco products, nicotine products or vapor
products*.
1. It is unlawful for any person or retail store to display or
offer for sale tobacco products, nicotine products or vapor
products in any manner that allows public access to the product
without assistance from the person displaying the tobacco
product, nicotine product or vapor product or an employee or the
owner of the store. The provisions of this subsection shall not
apply to retail stores which do not admit into the store persons
under 21 years of age.
2. Any person violating the provisions of subsection (I)(1) of this
section shall be guilty of an offense and, upon conviction,
shall be punished by a fine of not more than \$200.00, excluding
costs, fees and assessments, for each offense.
10. *Prohibiting possession or sale of tobacco, nicotine or vapor use
device or material*.
1. It is unlawful for any person who is under 21 years of age to
possess any material or device used in the smoking, chewing, or
other method of consumption of tobacco, including cigarette
papers, pipes, holders of smoking materials or all types, and
other items designed primarily for the smoking or ingestion of
tobacco products.
2. It is unlawful for any person to sell, give or furnish in any
manner to another person who is under 21 years of age any
material or device used in the smoking, chewing, or other method
of consumption of tobacco, nicotine or vapor products, including
cigarette papers, pipes, holders of smoking materials or all
types, and other items designed primarily for the smoking or
ingestion of these products.
3. Any person violating the provisions of subsection (J)(1) or (2)
of this section shall be guilty of an offense and, upon
conviction, shall be punished by a fine of not more than
\$200.00, excluding costs, fees and assessments, for each
offense.
11. *Restrictions on manner of enforcement*.
1. Any conviction for a violation of subsections (B) through (I) of
this section and compliance checks conducted by the city
pursuant to subsection (K)(2) of this section shall be reported
in writing to the alcoholic beverage laws enforcement (ABLE)
commission within 30 days of the conviction or compliance check.
Such reports shall be compiled in the manner prescribed by the
ABLE commission.
2. Persons under 21 years of age may be enlisted by the city to
assist in enforcement of subsections (B) through (I) of this
section, provided such persons may be used to test compliance
only if written parental consent has been provided and the
testing is conducted under the direct supervision of the
alcoholic beverage laws enforcement (ABLE) commission or
conducted by another law enforcement agency if such agency has
given written notice to the ABLE commission in the manner
prescribed by the ABLE commission. The city may conduct,
pursuant to rules of the ABLE commission, compliance checks
without prior notification to the ABLE commission and shall be
exempt from the written notice requirement of this subsection.
This subsection shall not apply to the use of persons under 21
years of age to test compliance if the compliance test is being
conducted by or on behalf of a retailer of cigarettes, as
defined in 68 O.S. § 301, at any location the retailer of
cigarettes is authorized to sell cigarettes.
(Prior Code, § 16-17; Code 1999, § 10-517; Ord. No. 336(01), 10-15-2001;
Ord. No. 582(07), 5-21-2007)
**State Law reference**--- Similar provisions, 37 O.S. § 600.1 et seq.
::: phx-docs
HISTORY\
*Amended by Ord.
[842(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333053_Ordinance%20No.%20842%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
Amended by Ord.
[958(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1633553323_Ordinance%20958(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/21/2020\
Amended by Ord.
[1016.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1016.22.pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/17/2022\
Amended by Ord.
[1035.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1035.23.pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/2/2023\
*
:::
::: phx-name
[Sec 10-518 Display Of Material Harmful To
Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-518_Display_Of_Material_Harmful_To_Minors){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:\
*\
A reasonable bona fide attempt* means an attempt to ascertain the
true age of the minor by requiring production of a driver\'s
license, marriage license, birth certificate or other governmental
or educational identification card or paper and not relying solely
on the oral allegations or apparent age of the minor.\
*\
Harmful to minors* means that quality of any description,
exhibition, presentation or representation, in whatever form, of
nudity, sexual conduct, sexual excitement, or sadomasochistic abuse
when the material or performance, taken as a whole, has the
following characteristics:
1. The average person 18 years of age or older applying
contemporary community standards would find that the material or
performance has a predominant tendency to appeal to a prurient
interest in sex to minors;
2. The average person 18 years of age or older applying
contemporary community standards would find that the material or
performance depicts or describes nudity, sexual conduct, sexual
excitement or sadomasochistic abuse in a manner that is patently
offensive to prevailing standards in the adult community with
respect to what is suitable for minors; and
3. The material or performance lacks serious literary, scientific,
artistic, or political value for minors.
*Knowingly* means having general knowledge of, or reason to know, or
a belief or ground for belief which warrants further inspection or
inquiry of both:
1. The character and content of any material or performance which
is reasonably susceptible of examination by the defendant; and
2. The age of the minor. However, a honest mistake shall constitute
an excuse from liability pursuant to this subsection if the
defendant made a reasonable bona fide attempt to ascertain the
true age of such minor.
*Material* means any book, magazine, newspaper, pamphlet, poster,
print, picture, figure, image, description, motion picture film,
record, recording tape, or video tape, whether in its original form
or any digital format.\
*\
Minor* means any unmarried person under the age of 18 years.\
*\
Nudity* means the:
1. Showing of the human male or female genitals, pubic area, or
buttocks with less than a full opaque covering;
2. Showing of the female breast with less than a full opaque
covering of any portion of the female breast below the top of
the nipple; or
3. Depiction of covered male genitals in a discernibly turgid
state.
*Performance* means any motion picture, film, video tape, played
record, phonograph or tape, preview, trailer, play, show, skit,
dance or other exhibition performed or presented to or before an
audience of one or more, with or without consideration.\
*\
Person* means any individual, partnership, association, corporation,
or other legal entity of any kind.\
*\
Sexual conduct* means acts of masturbation, homosexuality, sexual
intercourse, or physical contact with a person\'s clothed or
unclothed genitals, pubic area, buttocks, or, if such person is a
female, breast.\
*\
Sexual excitement* means the condition of human male or female
genitals when in a state of sexual stimulation or arousal.\
*\
Sadomasochistic abuse* means flagellation or torture by or upon a
person clothed or naked or the condition of being fettered, bound or
otherwise physically restrained on the part of the one so clothed or
naked.
2. No person having custody, control or supervision of any commercial
establishment shall knowingly:
1. Display material which is harmful to minors in such a way that
minors, as a part of the invited general public, will be exposed
to view such material; provided, however, a person shall be
deemed not to have displayed material harmful to minors if the
material is kept behind devices commonly known as \"binder
racks\" so that the lower two-thirds of the material is not
exposed to view;
2. Sell, furnish, present, distribute, allow to view, or otherwise
disseminate to a minor, with or without consideration, any
material which is harmful to minors; or
3. Present to a minor or participate in presenting to a minor, with
or without consideration, any performance which is harmful to a
minor.
3. Any person convicted of violating any provision of subsection (B) of
this section shall be guilty of a misdemeanor and, upon conviction,
shall be punished as set forth in section 1-108. Each day that a
violation of subsection (B) of this section occurs or continues
shall constitute a separate offense and shall be punishable as a
separate violation. Every act or transaction prohibited by
subsection (B) of this section shall constitute a separate offense
as to each item, issue or title involved and shall be punishable as
such. For the purpose of this section, multiple copies of the same
identical title, monthly issue, volume and number issue or other
such identical material shall constitute a single offense.
(Code 1999, § 10-518; Ord. No. 36(92), 10-19-1992)
**State Law reference**--- Material harmful to minors, 21 O.S. § 1040.76
et seq.
::: phx-docs
HISTORY\
*Amended by Ord.
[842(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333053_Ordinance%20No.%20842%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 10-519 Spray Paint Restrictions For
Minors](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-519_Spray_Paint_Restrictions_For_Minors){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this
subsection, except where the context clearly indicates a different
meaning:\
*Minor* means any individual under the age of 18 years of age.\
*Person* means any individual, firm, association, partnership or
corporation, selling or offering for sale any item prohibited by
this section.
2. Prohibited conduct.
1. No person shall sell to any minor any aerosol container of paint
(spray paint) capable of defacing property unless such minor is
accompanied by a parent or a guardian;
2. Any person selling or offering for sale any aerosol container of
paint shall require bona fide evidence of majority and identity.
Bona fide evidence of majority and identity shall be established
only by a document issued by a federal, state, county or
municipal government, including, but not limited to, a motor
vehicle operator\'s license, a registration certificate issued
under the federal Selective Service Act or an identification
card issued to a member of the armed forces;
3. Proof that the defendant, or his employee or agent, demanded,
was shown and acted in reliance upon such bona fide evidence in
any sale transaction forbidden hereby shall be a defense to any
criminal prosecution therefor.
3. Any person who owns, manages or operates a place of business wherein
aerosol containers of paint capable of defacing property are sold
shall conspicuously post at the place of display of the containers
for sale and at the place of sale (cash register) a sign in letters
at least one-half inch in height, \"Spray Paint Shall Not Be Sold To
Minors.\"
4. Any person who has reached the age of majority who shall give,
trade, or otherwise provide to any minor any aerosol container of
paint used in the actual application of graffiti or defacement of
property shall be guilty of an offense and shall, upon conviction,
be punished as prescribed.
5. Any person convicted for an offense in violation of this section
shall, upon conviction, be punished as provided in section 1-108.
(Code 1999, § 10-519; Ord. No. 72(94), 1-3-1994)
::: phx-name
[CHAPTER 10-6 OFFENSES AGAINST PUBLIC
AUTHORITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-6_OFFENSES_AGAINST_PUBLIC_AUTHORITY){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 10-601 Escaping
Custody](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-601_Escaping_Custody){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-602 Conveying Instruments To Assist
Escape](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-602_Conveying_Instruments_To_Assist_Escape){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-603 Assisting Prisoner To
Escape](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-603_Assisting_Prisoner_To_Escape){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-604 Delivery Of Articles To Person In
Confinement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-604_Delivery_Of_Articles_To_Person_In_Confinement){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-605 Assaulting City
Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-605_Assaulting_City_Officer){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-606 Resisting A Police
Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-606_Resisting_A_Police_Officer){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-607 Obedience To Orders Of Police And
Firefighter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-607_Obedience_To_Orders_Of_Police_And_Firefighter){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-608 Eluding Police Officer By Motor
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-608_Eluding_Police_Officer_By_Motor_Vehicle){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-609 Use Of Siren Or
Whistle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-609_Use_Of_Siren_Or_Whistle){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-610 Impersonating A Police Officer Or Any City
Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-610_Impersonating_A_Police_Officer_Or_Any_City_Officer){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-611 False Statements, Reports Or
Complaints](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-611_False_Statements,_Reports_Or_Complaints){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-612 False
Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-612_False_Alarms){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-613 Removal Of
Barricades](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-613_Removal_Of_Barricades){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-614 Resisting Public
Officials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-614_Resisting_Public_Officials){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-615 Duties Of The Public At Fires,
Emergencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-615_Duties_Of_The_Public_At_Fires,_Emergencies){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-616 Tampering With Signs,
Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-616_Tampering_With_Signs,_Equipment){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-617 Interfering With Police Dog In Performing Functions Or
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-617_Interfering_With_Police_Dog_In_Performing_Functions_Or_Duties){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-618 Destroying, Tampering With
Evidence](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-618_Destroying,_Tampering_With_Evidence){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 10-601 Escaping
Custody](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-601_Escaping_Custody){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person lawfully in custody or confined in the city jail, before or
after conviction for any violation of the ordinances of the city, or
held in custody going to the city jail, or working upon the streets or
other public grounds of the city or in custody of any officer of the
city, shall break or attempt to break such city jail or custody, and
escape or attempt to escape therefrom.
(Prior Code, § 16-125; Code 1999, § 10-601; Ord. No. 506, 2-5-1990)
**State Law reference**--- Escapes, 21 O.S. § 444.
::: phx-name
[Sec 10-602 Conveying Instruments To Assist
Escape](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-602_Conveying_Instruments_To_Assist_Escape){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall convey into the city jail any disguised instrument or
any thing proper or useful to facilitate the escape of any prisoner
lawfully committed to or detained in the city jail for any violation of
the city ordinances, for any criminal offense, or lawfully detained or
imprisoned therein, whether such escape is effected or attempted or not.
(Code 1999, § 10-602)
**State Law reference**--- Conveying instruments to assist escape, 21
O.S. § 438.
::: phx-name
[Sec 10-603 Assisting Prisoner To
Escape](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-603_Assisting_Prisoner_To_Escape){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall in any way aid, remove or assist any person to resist or
escape from custody of any police officer or from any lawful confinement
in the city.
(Prior Code, § 16-124; Code 1999, § 10-603; Ord. No. 506, 2-5-1990)
**State Law reference**--- Assisting prisoner to escape, 21 O.S. §§ 437,
441.
::: phx-name
[Sec 10-604 Delivery Of Articles To Person In
Confinement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-604_Delivery_Of_Articles_To_Person_In_Confinement){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall deliver any article or thing to any person under arrest
without the consent of the officer having charge and custody of the
prisoner.
(Code 1999, § 10-604; Ord. No. 506, 2-5-1990)
::: phx-name
[Sec 10-605 Assaulting City
Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-605_Assaulting_City_Officer){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall knowingly assault, batter, or assault and batter any
city officer or official while in the performance of their duties.
(Code 1999, § 10-605; Ord. No. 505, 2-5-1990)
**State Law reference**--- Assaulting law officer, 21 O.S. §§ 649, 650.
::: phx-name
[Sec 10-606 Resisting A Police
Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-606_Resisting_A_Police_Officer){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful to resist, oppose or assault, prevent, fail to
cooperate with or in any way interfere with a police officer or any
person duly authorized to act as such, while the officer or person
is discharging or attempting to discharge his official duties within
the limits of the city.
2. It is unlawful for any person to warn or signal another so as to
assist such other person to flee, escape or evade an officer seeking
to make an arrest or for any person to bar or lock any door or
barrier in the face of or in front of an approaching officer.
3. Resisting an officer is the intentional opposition or resistance to,
or obstruction of, an individual acting in his official capacity,
and authorized by law to make a lawful arrest or seizure of
property, or to serve any lawful process or court order, when the
offender knows or has reason to know that the person arresting,
seizing property, or serving process is acting in his official
capacity.
4. The term \"obstruction of\" shall, in addition to their common
meaning, include:
1. Flight by one sought to be arrested before the arresting officer
can restrain him and after notice is given that he is under
arrest;
2. Any violence toward or any resistance or opposition to the
arresting officer after the arrested party is actually placed
under arrest and before he is under arrest; or
3. Refusal by the arrested party to give his name and make his
identity known to the arresting officer.
(Prior Code, § 16-122; Code 1999, § 10-606; Ord. No. 506, 2-5-1990)
::: phx-name
[Sec 10-607 Obedience To Orders Of Police And
Firefighter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-607_Obedience_To_Orders_Of_Police_And_Firefighter){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall fail to heed a reasonable order of a police officer or
firefighter while such officer is in the discharge of an official duty
in maintaining the public safety or welfare.
(Code 1999, § 10-608)
::: phx-name
[Sec 10-608 Eluding Police Officer By Motor
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-608_Eluding_Police_Officer_By_Motor_Vehicle){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No operator of a motor vehicle who has received a visual or audible
signal, a red light or a siren from a police officer driving a motor
vehicle, showing the same to be an official police, sheriff or highway
patrol car directing the operator to bring his vehicle to a stop, shall
willfully increase his speed or extinguish his lights to elude or
attempt to elude such police officer, or attempt in any other manner to
elude the police officer.
(Code 1999, § 10-609)
**State Law reference**--- Eluding police officer, 21 O.S. § 540A.
::: phx-name
[Sec 10-609 Use Of Siren Or
Whistle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-609_Use_Of_Siren_Or_Whistle){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall use any police whistle or any other instrument used
by a police officer to give signals to each other, or imitate any
signal given by one police officer to another or any special signal
used by police officers, for the purpose of improperly or
causelessly attracting the attention of the police.
2. No person, except members of police department, fire department or
ambulance services, shall ring, use or otherwise sound any siren or
any other device for making similar noise.
(Code 1999, § 10-610)
::: phx-name
[Sec 10-610 Impersonating A Police Officer Or Any City
Officer](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-610_Impersonating_A_Police_Officer_Or_Any_City_Officer){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person, other than police officers of the city, shall wear or
carry the uniform, apparel, badge, identification card or any other
insignia of office like or similar to, or a colorable imitation of
that adopted and worn or carried by the police officers of the city.
2. No person shall do or attempt any act to impersonate a police
officer.
3. It is unlawful to falsely impersonate any officer or employee of the
city, or falsely represent himself to be an officer or employee of
the city, by any kind of representation, pretense, insignia, sound,
clothing or conduct, or exercise or attempt to exercise any of the
duties, functions or powers of an officer or employee of the city
without being authorized to do so.
(Prior Code, § 16-126; Code 1999, § 10-611; Ord. No. 506, 2-5-1990)
**State Law reference**--- Impersonating public officers, 21 O.S. §§
263, 264, 1533.
::: phx-name
[Sec 10-611 False Statements, Reports Or
Complaints](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-611_False_Statements,_Reports_Or_Complaints){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall knowingly make or file or cause to be made or filed
a false or misleading report or misrepresentation, allegation or
complaint with the police department or any officer or employee of
the city, or on any official application or to commit perjury before
any tribunal of the city.
2. No person shall willfully and without probable cause make a false
report to any person of any crime, violation of the city\'s
ordinances, or circumstances indicating the possibility of crime or
violation having been committed, including, but not limited to, the
unlawful taking of personal property, which report causes or
encourages the exercise of police or other official action or
investigation.
(Code 1999, § 10-612)
::: phx-name
[Sec 10-612 False
Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-612_False_Alarms){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to turn in a false alarm of any nature or
in any manner to deceive or attempt to deceive the fire department,
police department or any other emergency personnel, or summon any
officer or employee thereof with reference to any fire alarm or reported
fire, accident or other emergency or knowingly to cause the fire
department or police department or its officers or employees to make a
useless or unnecessary run to any part of the city or outside the city.
(Prior Code, § 9-1; Code 1999, § 10-613; Ord. No. 506, 2-5-1990)
**State Law reference**--- False fire alarms, 21 O.S. § 1851.
::: phx-name
[Sec 10-613 Removal Of
Barricades](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-613_Removal_Of_Barricades){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person, except by proper authority, to remove any
barricade or obstruction placed by authority of the city to keep traffic
off any pavement, street, curb, sidewalk or other area.
(Code 1999, § 10-614; Ord. No. 506, 2-5-1990)
::: phx-name
[Sec 10-614 Resisting Public
Officials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-614_Resisting_Public_Officials){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person knowingly or willfully to:
1. Resist, oppose or obstruct the chief of police, any other police
officer, the municipal judge, or any other officer or employee of
the city in the discharge of his official duties;
2. Obstruct, threaten or otherwise intimidate or attempt to intimidate
any officer or employee from the discharge of his official duties;
or
3. Assault or beat, or revile, abuse, be disrespectful to, or use
abusive or indecent language toward or about, any such officer or
employee while such officer or employee is in the discharge of his
official duties.
(Code 1999, § 10-615; Ord. No. 506, 2-5-1990, in part)
::: phx-name
[Sec 10-615 Duties Of The Public At Fires,
Emergencies](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-615_Duties_Of_The_Public_At_Fires,_Emergencies){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All persons at fires or other emergencies or accidents shall conduct
themselves in an orderly and lawful manner and to assist in
maintaining law and order.
2. No person at or near any fire or emergency shall conduct himself in
a disorderly manner or neglect or refuse to promptly obey any order
of the fire chief or his assistants relative to such fire; and no
person shall resist, obstruct, hinder or abuse any officer of the
fire department or any firefighter in the proper discharge of his
duty.
3. Every police officer present at a fire shall keep back all persons
who are in the way or impeding the work of the fire department, and
so far as possible protect all property from loss or injury, and
cooperate with and assist the fire department in every way possible
while at the fire. The fire chief or an assistant fire chief or any
police officer shall have the power to designate persons to guard
any goods.
4. No person shall follow or block the way of any emergency vehicle
engaged in emergency run, or knowingly interfere with officers at
the location of any fire or emergency.
(Code 1999, § 10-616; Ord. No. 506, 2-5-1990, in part)
**State Law reference**--- Interfering with firefighters, 21 O.S. §
1217.
::: phx-name
[Sec 10-616 Tampering With Signs,
Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-616_Tampering_With_Signs,_Equipment){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to tamper with any signs, signal equipment
or other device placed, operated and maintained by the city in
connection with the administration of its code provisions, ordinances,
regulations, services, functions or performance of duties thereto.
(Code 1999, § 10-617; Ord. No. 506, 2-5-1990)
::: phx-name
[Sec 10-617 Interfering With Police Dog In Performing Functions Or
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-617_Interfering_With_Police_Dog_In_Performing_Functions_Or_Duties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful and an offense for any person to interfere with, tease,
meddle with, throw objects at or toward, torture, torment, injure, beat,
strike, kick, mutilate, disable or kill any dog used by the police
department of the city, or any member thereof, in the performance of the
functions or duties of the department.
(Prior Code, § 16-131; Code 1999, § 10-618)
**State Law reference**--- Crimes against police dogs, 21 O.S. § 649.2.
::: phx-name
[Sec 10-618 Destroying, Tampering With
Evidence](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-618_Destroying,_Tampering_With_Evidence){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful to destroy, alter, conceal or disguise physical evidence,
plant false evidence or furnish false information to an officer which
impedes that or another officer in the performance of his duties, or
which is intended to prevent the apprehension or to obstruct the
prosecution or defense of any person.
(Code 1999, § 10-619; Ord. No. 506, 2-5-1990)
::: phx-name
[CHAPTER 10-7 GANG-RELATED
ACTIVITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-7_GANG-RELATED_ACTIVITIES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 10-701 Prohibition Of Gang-Related Criminal
Activity](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-701_Prohibition_Of_Gang-Related_Criminal_Activity){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-702
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-702_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-703
Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-703_Offense){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-704 Buildings Or Place Used By Gang Members As
Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-704_Buildings_Or_Place_Used_By_Gang_Members_As_Nuisance){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Gang-related offenses, 21 O.S. § 856.3.\
::: phx-name
[Sec 10-701 Prohibition Of Gang-Related Criminal
Activity](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-701_Prohibition_Of_Gang-Related_Criminal_Activity){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city declares that the city is in the early stages of a crisis,
which has been caused by violent street gangs whose members threaten,
terrorize and commit a multitude of crimes against the peaceful citizens
of this community. These criminal activities, both individually and
collectively, present a clear and present danger to public order and
safety and are not constitutionally protected activities. It is the
intent of the city council to prohibit, reduce, and eradicate criminal
activity by street gangs by focusing upon patterns of criminal activity
and upon the organized nature of street gangs, which together are the
chief source of terror created by street gangs.
(Code 1999, § 10-701; Ord. No. 7(91), 12-16-1991)
::: phx-name
[Sec 10-702
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-702_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Criminal street gang* means any ongoing organization, association, or
group of three or more persons, whether formal or informal, which has as
one of its primary activities the commission of one or more of the
criminal acts enumerated in this section as part of the definition for
the term \"pattern of criminal street gang activity\" or which has a
common name or common identifying sign, color or symbol, whose members
individually or collectively engage in or have engaged in a pattern of
criminal gang activity.
\"*Pattern of criminal street gang activity*\" of two or more of the
commission, attempted commission, or solicitation, provided at least one
of the offenses occurred after the enactment of this chapter and at
least one offense occurred following Code offenses by any members of a
criminal gang, on separate occasions within a three-year period, for the
purpose of furthering gang activity:
----------------------------------- -----------------------------------
Offense\ Relevant Code Provision\
Assault and battery\ 10-201\
Reckless conduct\ 10-204(B)\
Petit larceny\ 10-301\
Possession of stolen property\ 10-304\
Defacing building, damaging 10-310
property\
Damaging private property\ 10-312
Damaging or tampering with motor 10-314
vehicle\
Throwing or shooting at persons or 10-320
property\
Possession of marijuana and drug 10-502 and 10-503\
paraphernalia\
Disorderly house\ 10-510
Prostitution\ 10-513
Offenses near schools\ 10-514
----------------------------------- -----------------------------------
*Youthful and street gang member* means a person who engages in a
pattern of youth and street gang activity and meets two or more of the
following criteria:
1. Admits to gang membership;
2. Is a youth under the age of 21 years who is identified as a gang
member by a parent or guardian;
3. Is identified as a gang member by a documented reliable informant;
4. Resides in or frequents a particular gang\'s area and adopts their
style of dress, their use of hand signs, or their tattoos, and
associates with known gang members;
5. Is identified as a gang member by an informant of previously
untested reliability and such identification is corroborated by
independent information;
6. Has been arrested more than once in the company of identified gang
members for offenses which are consistent with usual gang activity;
7. Is identified as a gang member by physical evidence, such as
photographs or other documentation; and
8. Has been stopped in the company of known gang members four or more
times.
(Code 1999, § 10-702; Ord. No. 7(91), 12-16-1991)
::: phx-name
[Sec 10-703
Offense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-703_Offense){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any criminal street gang member or youth street gang member convicted of
the foregoing violations while in furtherance of a pattern of criminal
gang activity shall be punished as provided in section 1-108.
(Code 1999, § 10-703; Ord. No. 7(91), 12-16-1991)
::: phx-name
[Sec 10-704 Buildings Or Place Used By Gang Members As
Nuisance](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-704_Buildings_Or_Place_Used_By_Gang_Members_As_Nuisance){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every building or place used by members of a criminal street gang or
youth street gang for the purpose of the commission of the offenses
listed in section 10-702 or any offense involving dangerous or deadly
weapons, burglary, rape or narcotic trafficking and every building or
place wherein or upon which that criminal conduct by gang members takes
place is a nuisance which shall be enjoined, abated, and prevented as
provided in part 8, chapter 1, whether it is a public or private
nuisance. Injunctions requested pursuant to this provision shall be
limited to those necessary to protest the health and safety of the
residents or the public or those necessary to prevent further criminal
activity. No nonprofit or charitable organization which is conducting
its affairs with ordinary care and skill, and no governmental entity,
shall be abated pursuant to this section. Nothing in this chapter or in
part 8, chapter 1 shall preclude any aggrieved person from seeking any
other remedy provided by law.
(Code 1999, § 10-704; Ord. No. 7(91), 12-16-1991)
::: phx-name
[CHAPTER 10-8 JUVENILE
OFFENSES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_10-8_JUVENILE_OFFENSES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 10-801 Jurisdiction Of Juvenile
Offenders](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-801_Jurisdiction_Of_Juvenile_Offenders){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-802
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-802_Exceptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-803 Failure To Comply With Written Promise To Appear With
Juvenile](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-803_Failure_To_Comply_With_Written_Promise_To_Appear_With_Juvenile){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-804 Parental Responsibility For Juvenile Court
Fines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-804_Parental_Responsibility_For_Juvenile_Court_Fines){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-805 General And Specific
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-805_General_And_Specific_Penalties){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-806
Truancy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-806_Truancy){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-807 Skateboarding
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-807_Skateboarding_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 10-808 Runaway
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-808_Runaway_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 10-801 Jurisdiction Of Juvenile
Offenders](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-801_Jurisdiction_Of_Juvenile_Offenders){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city municipal court may assume jurisdiction of juvenile offenders,
unless otherwise excepted from the jurisdiction of the municipal court,
who have been charged with a violation of a municipal ordinance, and
which relate to at least one of the following offenses:\
----------------------------------- -----------------------------------
Assault\ 10-202
Battery\ 10-203
Curfew violation\ 10-505
Disorderly conduct\ 10-403
Petty larceny and larceny of lost 10-301
property\
Damaging private property\ 10-312
Disturbing the peace\ 10-401
Public intoxication\ 10-501
Possession of marijuana\ 10-502
Possession of drug paraphernalia\ 10-503
Transportation of low-point beer in 3-210
a moving vehicle\
Minors in possession of low-point 3-211
beer, prohibited while in public\
Minors in possession of 3-109
intoxicating beverages in public
prohibited\
Possession of tobacco products\ 10-517
Graffiti\ 8-1001 to 8-1008\
Failure to appear\ 6-115
Attempt to commit an offense\ 10-101
Trespassing prohibited\ 10-317
Noise\ 10-411 to 10-416\
Offenses near schools\ 10-514
Assaulting city officer\ 10-605
Resisting a police officer\ 10-606
Fireworks prohibited\ 10-328
Littering prohibited\ 10-322
Skateboarding prohibited\ 10-807
Attempting to elude a police 10-608
officer\
Mandatory school attendance\ 10-806
Harmful deception\ 10-309
Harassing phone calls\ 10-509
----------------------------------- -----------------------------------
(Code 1999, § 10-800; Ord. No. 337(01), 10-15-2001; Ord. No. 381(02),
10-7-2002; Ord. No. 444(04), 2-1-2004)\
::: phx-name
[Sec 10-802
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-802_Exceptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The municipal court for the city will decline jurisdiction of
offenders, known to the court, who are presently under the
supervision or treatment of the district court system and/or have
charges pending there or elsewhere in the state.
2. The municipal court of the city, to the best of its knowledge, will
decline jurisdiction of offenders who have previously been certified
as an adult for any purpose, pursuant to 10A O.S. § 2-5-205.
(Code 1999, § 10-801; Ord. No. 337(01), 10-15-2001)
::: phx-name
[Sec 10-803 Failure To Comply With Written Promise To Appear With
Juvenile](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-803_Failure_To_Comply_With_Written_Promise_To_Appear_With_Juvenile){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person who fails to voluntarily appear before the court with a
juvenile defendant on the appointed date and time, regardless of the
disposition of the charge for which the citation was originally issued
to the juvenile defendant, after having such juvenile defendant released
to his care and control and pursuant to a signed promise to appear with
the juvenile shall be guilty of an offense.
(Code 1999, § 10-802; Ord. No. 337(01), 10-15-2001)
::: phx-name
[Sec 10-804 Parental Responsibility For Juvenile Court
Fines](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-804_Parental_Responsibility_For_Juvenile_Court_Fines){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person who is a parent, legal guardian, or legal custodian of a
juvenile defendant shall assure the municipal court that any fines
assessed against the juvenile shall be promptly paid. If fines assessed
against a juvenile in juvenile court remain unpaid after 90 days, the
fines, along with administrative fees and court costs, shall be assessed
against the parent, legal guardian, or legal custodian. Any person who
fails to remit the assessed amount within 15 days from issuance of a
summons shall be guilty of an offense.
(Code 1999, § 10-803; Ord. No. 337(01), 10-15-2001)
::: phx-name
[Sec 10-805 General And Specific
Penalties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-805_General_And_Specific_Penalties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any juvenile convicted of violating the ordinances enumerated in
section 10-800, where no specific penalty is provided therefor,
shall be punished pursuant to section 1-108.
2. Any juvenile convicted of violating section 10-517 shall be punished
by a fine for a first offense, not exceeding \$50.00, and for a
second and subsequent offense by a fine not exceeding \$100.00.
3. The following specific offenses, unless otherwise provided in this
Code, shall be punished by a fine not exceeding \$500.00.
1. Possession of marijuana or other controlled substance;
possession of drug paraphernalia
2. Graffiti.
3. Battery of an officer.
4. Eluding a police officer.
(Code 1999, § 10-806; Ord. No. 377(02), 8-19-2002)
::: phx-docs
HISTORY\
*Amended by Ord.
[819(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327416_Ordinance%20No.%20819%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 4/18/2016\
*
:::
::: phx-name
[Sec 10-806
Truancy](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-806_Truancy){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It shall be unlawful for a parent, guardian, or other person having
custody of a child who is over the age of five years and under the
age of 18 years to neglect or refuse to cause or compel such child
to attend and comply with the rules of some public, private or other
school.
2. It shall be unlawful for any child who is over the age of 12 and
under the age of 18 years, and who has not finished four years of
high school work, to neglect or refuse to attend and comply with the
rules of some public, private or other school, or receive an
education by other means for the full term the schools of the
district are in session, provided that this section shall not apply
if any such child:
1. Is prevented from attending school by reason of mental or
physical ability, to be determined by the board of education of
the district upon a certificate of the school physician or
public health physician or, if no such physician is available, a
duly licensed and practicing physician;
2. Is excused from attendance at school, due to an emergency, by
the principal teacher of the school in which the child is
enrolled, at the request of the parent, guardian, custodian or
other person having control of such child;
3. Who has attained his 16th birthday is excused from attending
school by the school administrator of the school district where
the child attends school, and the parent, guardian or custodian
of the child, provided that no such child shall be excused from
attending school by such joint agreement between a school
administrator and the parent, guardian or custodian of the child
unless and until it has been determined that such action is for
the best interest of the child and/or the community, and that
such child shall thereafter be under the supervision of the
parent, guardian or custodian until the child has reached the
age of 18 years.
3. Any parent, guardian, custodian, child or other person violating any
of the provision of this section, upon conviction, shall be guilty
of a misdemeanor, and shall be punished by a fine not exceeding that
allowed by law. Each day the child remains out of school after the
oral and documented or written warning has been given to the parent,
guardian, custodian, child or other person or the child has been
ordered to school by the juvenile court, may constitute a separate
offense. At the trial of any person charged with violating the
provisions of this section, the attendance records of the child, or
ward, may be presented in court by any authorized employee of the
school or the school resource officer.
(Code 1999, § 10-807; Ord. No. 379(02)-B, 10-7-2002; Ord. No. 437(03),
12-15-2003)
::: phx-name
[Sec 10-807 Skateboarding
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-807_Skateboarding_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person riding in or on, or by means of any
skateboard, roller skates, roller blades, coaster, or similar device to
go in or on the following prohibited areas:
1. Any private property open to the public which is specifically
hereinafter listed, provided the area is clearly and conspicuously
posted with signs stating \"Skating and Skateboarding Prohibited
(Moore Code Section 10-807).\"
1. On walls, steps, or railings of a shopping center, business, or
nonprofit establishment.
2. Parking lots of a shopping center, business, or nonprofit
establishment.
3. Driveways of a shopping center, business, or nonprofit
establishment.
4. Sidewalks and pedestrian ways within a shopping center,
business, or nonprofit establishment.
2. Walls, steps, railings, driveways, or parking lots on public
property (public schools), provided the area is clearly and
conspicuously posted with signs stating \"Skating and Skateboarding
Prohibited (Moore Code Section 10-807).\"
(Code 1999, § 10-808; Ord. No. 380(02), 10-7-2002)
::: phx-name
[Sec 10-808 Runaway
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_10-808_Runaway_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A runaway shall be defined as any unemancipated minor who has been
reported to law enforcement as being voluntarily absent from the
home without a compelling reason, without the consent of a custodial
parent or other custodial adult and without the parent or other
custodial adult\'s knowledge as to the child\'s whereabouts.
2. Compelling reason means imminent danger from incest, a
life-threatening situation, or equally traumatizing circumstance.
3. It shall be unlawful and an offense to be a runaway.
4. It shall be the responsibility of the custodial parent or other
custodial adult to notify the appropriate law enforcement agency of
the runaway status.
5. If the court deems it to be in the best interest of the child, a
minor cited as a runaway shall be referred to social services for
counseling.
(Code 1999, § 10-809; Ord. No. 472(04), § 1, 8-16-2004)
::: {.phx-name .phx-break}
[PART 11 PARKS, RECREATION AND
CEMETERY](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_11_PARKS,_RECREATION_AND_CEMETERY){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[CHAPTER 11-1 PARKS AND
RECREATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-1_PARKS_AND_RECREATION){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 11-2
LIBRARY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-2_LIBRARY){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 11-3
CEMETERY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-3_CEMETERY){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[CHAPTER 11-1 PARKS AND
RECREATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-1_PARKS_AND_RECREATION){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[ARTICLE 11-1A GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1A_GENERAL_PROVISIONS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 11-1B RULES AND
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1B_RULES_AND_REGULATIONS){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Parks and recreation, 11 O.S. § 33-101 et
seq.\
::: phx-name
[ARTICLE 11-1A GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1A_GENERAL_PROVISIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 11-101 Park Board
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-101_Park_Board_Created){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-102 Organization And
Procedures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-102_Organization_And_Procedures){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-103 Power And
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-103_Power_And_Duties){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-104
Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-104_Compensation){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 11-101 Park Board
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-101_Park_Board_Created){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A park board consisting of seven members shall be appointed by the
city council for three-year terms, with at least one member
appointed from each ward. In the initial creation of the board, two
members shall be appointed for one year; two members shall be
appointed for two years; and three members shall be appointed for
three years. . All current members, if reappointed, may serve two
additional three (3) year terms or until July 31, 2027. New members
appointed after the effective date of this ordinance shall be
limited to three consecutive three year terms. Former members of the
park board shall be eligible for reappointment after the expiration
of one three year term. Appointment to the park board to fill an
unexpired term shall not be considered as a full term. The city
manager or his designee shall be an ex officio member of the board,
shall advise and consult with the board, but shall have no vote on
matters coming before the board.
2. Vacancies in the park board shall be filled as in the original
instance by the city council for the unexpired term. If a member
ceases to be a resident of the city, his term shall automatically
terminate.
3. The office of any member of the park board who shall not attend
meetings of the board of three successive meetings after having been
notified in writing thereof, without reason satisfactory to the city
council, shall be declared by the city council to be vacant.
(Prior Code, § 17-16; Code 1999, § 11-101; Ord. No. 52(93), 3-1993; Ord.
No. 171(96), 10-7-1994)
::: phx-docs
HISTORY\
*Approved by Ord.
[994(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1637096326_994.21.pdf){.k-link
target="_blank" style="color:#0000EE"} on 11/15/2021\
*
:::
::: phx-name
[Sec 11-102 Organization And
Procedures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-102_Organization_And_Procedures){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The park board shall elect from its membership a chairman, vice-chairman
and secretary for terms of one year. Such elections shall be held at the
time of the board\'s annual meeting each year, which shall be in
November. The board shall adopt and modify from time to time as needed
rules, bylaws and administrative procedures for the orderly transaction
of its business. Such rules, bylaws or procedures shall be filed with
the city clerk. The park board shall establish the time, place and
frequency of its meetings for the following calendar year at the annual
meeting and cause same to be filed in compliance with the Oklahoma Open
Meeting Act.
(Prior Code, § 17-16; Code 1999, § 11-102; Ord. No. 52(93), 3-1993; Ord.
No. 171(96), 10-7-1994)
::: phx-docs
HISTORY\
*Amended by Ord.
[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 11-103 Power And
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-103_Power_And_Duties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The park board shall act as an advisory board to the city council
with reference to city parks and recreation facilities within the
city. The board shall make recommendations with reference to the
operation of the city parks and recreation facilities and
recommendations as to rules and regulations concerning the use of
the parks and recreation facilities by the public. The board shall
also make recommendations to the city council with reference to the
beautification and improvement of the parks and recreation
facilities.
2. The board shall make recommendations to the city council with regard
to planning for future development of the parks, and the safety of
the public in general in enjoying and using the parks and recreation
facilities as it deems necessary.
3. The park board shall make recommendations, as it deems appropriate,
for the overall physical development and improvement of the parks
and recreation facilities of the city. It may consult any and all
civic organizations, clubs or associations desiring to contribute to
or make improvements to the parks and recreation facilities of the
city.
(Prior Code, § 17-16; Code 1999, § 11-103; Ord. No. 52(93), 3-1993; Ord.
No. 171(96), 10-7-1994)
::: phx-docs
HISTORY\
*Amended by Ord.
[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 11-104
Compensation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-104_Compensation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The park board shall serve without pay. The necessary expenses incurred
by such board shall be paid from the city treasury as other legal
expenses of city government. No expenses shall be incurred by the board
without prior approval of the city council.
(Prior Code, § 17-16; Code 1999, § 11-104; Ord. No. 52(93), 3-1993; Ord.
No. 171(96), 10-7-1994)
::: phx-docs
HISTORY\
*Amended by Ord.
[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[ARTICLE 11-1B RULES AND
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_11-1B_RULES_AND_REGULATIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 11-112 Motorized
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-112_Motorized_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-113 Closing Hours For
Parks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-113_Closing_Hours_For_Parks){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-114 Glass Containers
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-114_Glass_Containers_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-115
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-115_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-116 Prohibiting Animals From City
Parks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-116_Prohibiting_Animals_From_City_Parks){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-117 Swimming Prohibited In City Park, Property Owned Or
Maintained By
City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-117_Swimming_Prohibited_In_City_Park,_Property_Owned_Or_Maintained_By_City){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-118 Development Restrictions For Parkland Located In Section 24,
Township 10 North, Range 3 West Of The I.M., Moore, Cleveland County,
Oklahoma](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-118_Development_Restrictions_For_Parkland_Located_In_Section_24,_Township_10_North,_Range_3_West_Of_The_I.M.,_Moore,_Cleveland_County,_Oklahoma){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 11-112 Motorized
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-112_Motorized_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No motorized vehicle shall be permitted in any park except:
1. Vehicles operated by the city or under contract to the city;
2. Vehicles entering, exiting or being parked or stored, where part is
designed and maintained for entrance, exit, parking or storage of
motorized vehicles.
(Prior Code, § 17-1; Code 1999, § 11-112)
::: phx-docs
HISTORY\
*Amended by Ord.
[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 11-113 Closing Hours For
Parks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-113_Closing_Hours_For_Parks){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All city parks shall be closed to the public at 12:01 a.m. and
remained closed until 6:00 a.m. each day unless otherwise
designated; provided, however, that for programs or events sponsored
or approved by the city, or for which a city permit has been issued,
the hours of peroration may be extended during any such program or
event and for a period of 60 minutes following the conclusion of
such program or event.
2. Little River Park shall be closed to the public at 10:00 p.m. until
6:00 a.m. each day. The grounds of Central Park shall be closed to
the public at 12:00 midnight until 5:00 a.m. each day.
3. Signs stating park hours will be posted prominently in each park.
4. Any person found in violation of this section shall be subject to
punishment as provided in section 1-108.
(Prior Code, § 17-2; Code 1999, § 11-113; Ord. No. 87(94), 7-18-1994)
::: phx-docs
HISTORY\
*Amended by Ord.
[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 11-114 Glass Containers
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-114_Glass_Containers_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful and an offense for any person to take or carry glass
bottles, jars or containers into any city park. With the exception of
the Fourth of July celebration where wine tasting and sales are
permitted by proper licensing.
(Code 1999, § 11-114; Ord. No. 411, 8-4-1986)
::: phx-docs
HISTORY\
*Amended by Ord.
[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 11-115
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-115_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful of any person to use any recreational facilities owned or
operated by the city without having complied with the rules and
regulations promulgated by the city in connection therewith. Any
violation of rules and regulations, or failure to comply with such,
shall be guilty of an offense.
(Prior Code, § 17-3; Code 1999, § 11-115)
::: phx-docs
HISTORY\
*Amended by Ord.
[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 11-116 Prohibiting Animals From City
Parks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-116_Prohibiting_Animals_From_City_Parks){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Subject to 7 O.S. § 19.1:
1. No animals shall be permitted within posted areas of any and all
athletic fields owned by the city during times of competition.
Times of competition shall include a reasonable time prior to
and following completion of any competition.
2. Animals shall not be permitted within the Buck Thomas Park
during the time scheduled for the annual Fourth of July
celebration, unless the animal is the main attraction of any
booth or amusement ride, including, but not limited to, pony
rides.
3. In addition, animals shall not be permitted within Buck Thomas
Park, or any other park, in any area and time as designated and
posted by the parks and recreation department, with the
exception of the any area of a park designated as a dog park.
2. Any person found to be in violation of this section shall be
punished as authorized by section 1-108.
(Code 1999, § 11-116; Ord. No. 515(05), 8-15-2005)
::: phx-docs
HISTORY\
*Amended by Ord.
[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 11-117 Swimming Prohibited In City Park, Property Owned Or
Maintained By
City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-117_Swimming_Prohibited_In_City_Park,_Property_Owned_Or_Maintained_By_City){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall be allowed to swim, bath, dive or wade in any of the
following areas owned or maintained by the city: city park, pond,
retention pond, creek, stream, brook or drainage ditch, except in
city-operated municipal swimming pools or unless specifically
authorized by special permit approved by the city manager.
2. It is unlawful for a parent of a child (under 18 years of age) or
the guardian of a ward to knowingly permit, or by inefficient
control to allow, such child to violate subsection (A) of this
section under circumstances not constituting an exception.
3. The term \"knowingly\" includes knowledge which a parent, or legal
guardian, should reasonably be expected to have concerning the
whereabouts of a child in that parent\'s or person\'s custody.
4. Any person found in violation of this section shall be subject to
punishment as provided in section 1-108.
(Code 1999, § 11-117; Ord. No. 588(07), 5-21-2007)
::: phx-docs
HISTORY\
*Amended by Ord.
[840(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329173_Ordinance%20No.%20840%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 11-118 Development Restrictions For Parkland Located In Section 24,
Township 10 North, Range 3 West Of The I.M., Moore, Cleveland County,
Oklahoma](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-118_Development_Restrictions_For_Parkland_Located_In_Section_24,_Township_10_North,_Range_3_West_Of_The_I.M.,_Moore,_Cleveland_County,_Oklahoma){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A. The City of Moore shall own and maintain a park or open space
complying with all development restrictions set forth in this Section.
The legal description of said park or open space is a follows:\
Tract 1: The North 350.00 feet of the West Half of the Southeast Quarter
(W/2 SE/4), Section 24, Township 10 North, Range 3 West, of the I.M.,
Moore, Cleveland County, Oklahoma, being more particularly described as
follows: Beginning at the Northwest Corner of said West Half of the
Southeast Quarter (W/2 SE/4); thence S. 89° 29' 48" E. on the North line
of said West Half of the Southeast Quarter (W/2 SE/4) for a distance of
1,308.12 feet to the Northeast Corner of the West Half of the Southeast
Quarter (W/2 SE/4), said line also being on the South line of Block 15,
J. D. Estates, an addition to Moore, Oklahoma; thence S. 00° 17' 34" W.
on the East line of said West Half of the Southeast Quarter (W/2 SE/4)
for a distance of 350.00 feet; thence N. 89° 29' 48" W. and parallel
with the North line of said West Half of the Southeast Quarter (W/2
SE/4) for a distance of 1,307.53 feet to a point on the West line of
said West Half of the Southeast Quarter (W/2 SE/4), said point also
being on the East line of Lot A, Block 3, Suntree Park, an Addition to
Moore, Oklahoma; thence N. 00° 11' 45" E. and on the West line of said
West half of the Southeast Quarter (W/2 SE/4) and on the East line of
said Suntree Park Addition for a distance of 350.00 feet, the point of
place and beginning, and containing 10.51 acres, more or less; and\
Tract 2: Lot Two (2) in Block Twenty-Nine (29), of Eastmoor Addition,
Blocks 19 thru 29, inclusive, an Addition to Moore, Cleveland County,
Oklahoma, according to the recorded plat thereof; and Tract 3: Lot One
(1), Block Twenty-nine (29), in Eastmoor Addition to the City of Moore,
Cleveland County, Oklahoma, according to the recorded plat thereof; and
Tract 4: Lots One (1) through Four (4), Block Fifteen (15), in J-D
Estates, an Addition to the City of Moore, Cleveland County, Oklahoma,
according to the recorded plat thereof.\
B. The park or open space as described in subsection A of this Section
shall be used only as an open greenspace or park area. All other uses of
the property, including but not limited to those listed below, are
prohibited:
1\. Water Wells;
2\. Swimming Pools;
3\. Storm Shelters; and
4\. Splash Pads.
C. No soil excavation shall occur at the park or open space as described
in the subsection A of this Section that extends beyond five (5) feet
below ground surface.
\
::: phx-docs
HISTORY\
*Adopted by Ord.
[1012.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1012.22.pdf){.k-link
target="_blank" style="color:#0000EE"} on 7/18/2022\
*
:::
::: phx-name
[CHAPTER 11-2
LIBRARY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-2_LIBRARY){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 11-201 Library Board
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-201_Library_Board_Created){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-202 Powers And
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-202_Powers_And_Duties){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-203 Rules And
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-203_Rules_And_Regulations){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Municipal libraries, 11 O.S. § 31-101 et
seq.\
::: phx-name
[Sec 11-201 Library Board
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-201_Library_Board_Created){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby created a library board which shall be composed of five
members, to be appointed by the council to serve without compensation
for staggered terms of three years. The city manager shall be an
ex-officio member of the board, shall advise and consult with the board,
but shall have no vote on matters coming before the board.
(Prior Code, § 13-16; Code 1999, § 11-201)
::: phx-name
[Sec 11-202 Powers And
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-202_Powers_And_Duties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The powers and duties of the library board shall be those set out and
contained in 11 O.S. §§ 31-101, 31-102, 31-104---31-108, and as may be
further established from time to time.
(Prior Code, § 13-17; Code 1999, § 11-202)
::: phx-name
[Sec 11-203 Rules And
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-203_Rules_And_Regulations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The library board shall elect a chairman, vice-chairman and secretary
from among their members to serve for terms of one year, and shall make
rules for the regulation of business of the board. A copy of such rules
shall be filed with the city clerk and shall govern, among other thing,
the time, place and frequency of meetings and any matter not
inconsistent with any provision of this chapter.
(Prior Code, § 13-18; Code 1999, § 11-203)
::: phx-name
[CHAPTER 11-3
CEMETERY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_11-3_CEMETERY){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 11-301 Cemeteries
Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-301_Cemeteries_Established){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-302 Cemetery Care
Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-302_Cemetery_Care_Fund){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-303 Expenditure And
Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-303_Expenditure_And_Control){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-304 Prices Of
Lots](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-304_Prices_Of_Lots){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-305 Deeds To
Lots](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-305_Deeds_To_Lots){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-306 Fees For Setting Monuments And Grave
Staking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-306_Fees_For_Setting_Monuments_And_Grave_Staking){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-307 No Action To Be Taken Until Fee Is
Paid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-307_No_Action_To_Be_Taken_Until_Fee_Is_Paid){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-308 Erection Of Monuments And
Improvements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-308_Erection_Of_Monuments_And_Improvements){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-309 Defacing
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-309_Defacing_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-310 Removal Of Flowers And Decorative
Items](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-310_Removal_Of_Flowers_And_Decorative_Items){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-311 Motorized
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-311_Motorized_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 11-312 Council May Adopt
Rules](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-312_Council_May_Adopt_Rules){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Municipal cemeteries, 11 O.S. § 26-101 et
seq.\
::: phx-name
[Sec 11-301 Cemeteries
Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-301_Cemeteries_Established){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All cemeteries under the ownership and control of the city are
established as city cemeteries. The city manager shall appoint all
officers and employees necessary for the proper control and management
of the cemetery.
(Prior Code, § 7-35, in part; Code 1991, § 11-301)
::: phx-docs
HISTORY\
*Amended by Ord.
[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2015\
*
:::
::: phx-name
[Sec 11-302 Cemetery Care
Fund](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-302_Cemetery_Care_Fund){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby established a cemetery perpetual care fund for
maintenance and improvement of the city cemeteries, to be operated in
accordance with state law. Financing and investment of the fund shall be
as permitted by the city and state law.
(Prior Code, §§ 7-31---7-35; Code 1991, § 11-302; Ord. No. 606(07),
12-3-2007)
::: phx-docs
HISTORY\
*Amended by Ord.
[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2015\
*
:::
::: phx-name
[Sec 11-303 Expenditure And
Control](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-303_Expenditure_And_Control){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No obligation incurring the expenditure of any money on account of a
city cemetery shall be valid or binding upon the city unless the same
shall first have been appropriated by the council and approved by the
city manager.
(Prior Code, § 7-35; Code 1991, § 11-303)
::: phx-docs
HISTORY\
*Amended by Ord.
[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2015\
*
:::
::: phx-name
[Sec 11-304 Prices Of
Lots](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-304_Prices_Of_Lots){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city council by motion or resolution shall fix the price for which
lots shall be sold. Any payment installment plan approved by the city
council for purchase of a lot shall provide for full payment, or
one-fifth down payment and one payment annually, within a maximum of
four years.
(Prior Code, § 7-35; Code 1991, § 11-304; Ord. No. 607(07), 12-3-2007)
::: phx-docs
HISTORY\
*Amended by Ord.
[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2015\
*
:::
::: phx-name
[Sec 11-305 Deeds To
Lots](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-305_Deeds_To_Lots){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All cemetery deeds shall be signed by the mayor and the city clerk upon
final payment. The clerk or his designee shall keep a complete record of
all sales and burials.
(Prior Code, § 7-37; Code 1991, § 11-305)
::: phx-docs
HISTORY\
*Amended by Ord.
[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2015\
*
:::
::: phx-name
[Sec 11-306 Fees For Setting Monuments And Grave
Staking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-306_Fees_For_Setting_Monuments_And_Grave_Staking){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Monument set and/or grave staking paperwork will need to be filled out
and paid in full prior to the city marking for either. The fee therefor
shall be established by motion or resolution of the city council.
(Prior Code, § 7-39; Code 1991, § 11-307)
::: phx-docs
HISTORY\
*Amended by Ord.
[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2015\
*
:::
::: phx-name
[Sec 11-307 No Action To Be Taken Until Fee Is
Paid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-307_No_Action_To_Be_Taken_Until_Fee_Is_Paid){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No deed for any lot shall be issued, no grave marked, and no monument or
marker shall be set, located or placed until the fee or charge has been
paid in full, except as may be otherwise allowed by the city herein.
(Prior Code, § 7-40; Code 1991, § 11-308)
::: phx-docs
HISTORY\
*Amended by Ord.
[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2015\
*
:::
::: phx-name
[Sec 11-308 Erection Of Monuments And
Improvements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-308_Erection_Of_Monuments_And_Improvements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The erection of monuments, filling of graves or needed improvements, or
the marking thereof, by private parties in a cemetery of the city shall
be done under the supervision of the city and not otherwise. Only one
monument per lot shall be allowed at the head of the grave, with the
exception of a veteran\'s marker at the foot of the grave.
(Prior Code, § 7-41; Code 1991, § 11-312)
::: phx-docs
HISTORY\
*Amended by Ord.
[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2015\
*
:::
::: phx-name
[Sec 11-309 Defacing
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-309_Defacing_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person who shall willfully or with malicious intent destroy,
mutilate, deface, injure or remove any tomb, monument, or other
structure placed in any city cemetery, or any fence, railing, or other
work for the protection of any such cemetery or place of burial of any
human being, or tomb, monument, memorial or other structure, or any lot
within a cemetery, or who shall willfully or with malicious intent
destroy, cut, break or injure any tree, shrub or plant within the limits
of a cemetery, shall be deemed guilty of violating this section. Any
person violating this section shall be punished as provided in section
1-108.
(Prior Code, § 7-36; Code 1991, § 11-313)
::: phx-docs
HISTORY\
*Amended by Ord.
[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2015\
*
:::
::: phx-name
[Sec 11-310 Removal Of Flowers And Decorative
Items](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-310_Removal_Of_Flowers_And_Decorative_Items){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful for any person to remove flowers from a vase or a
saddle attached to the monument other than by the persons placing
such flowers or by a designated city employee.
2. Items such as glass jars, cans, or other containers used on the
premises for the holding of floral bouquets, candles or mementos are
prohibited.
3. During the first full week (Sunday through Saturday) of every month,
the City will remove all items on the ground or around the monument
base that may cause maintenance problems. Prohibited items, such as
rocks, metal rods, wire stakes, fencing, ornaments, glass containers
or any other similar items will be removed at this time. In addition
to this monthly removal of items, twice per year, in February and in
August, while performing the monthly clean-up, the City will also
remove all flowers from vases and saddles.\
\
\
(Prior Code, § 7-42; Code 1991, § 11-314)
::: phx-docs
HISTORY\
*Amended by Ord.
[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2015\
Amended by Ord.
[1005.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1005.22.pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/15/2022\
Amended by Ord.
[1033.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1033.23.pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/21/2023\
*
:::
::: phx-name
[Sec 11-311 Motorized
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-311_Motorized_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No motorized vehicle shall be permitted in any cemetery except:
1. Vehicles operated by the city or under contract to the city;
2. Vehicles entering, exiting, or being parked where part or a portion
of the cemetery is designated and maintained for entrance, exit or
parking.
(Prior Code, § 7-44; Code 1991, § 11-315)
::: phx-docs
HISTORY\
*Amended by Ord.
[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2015\
*
:::
::: phx-name
[Sec 11-312 Council May Adopt
Rules](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_11-312_Council_May_Adopt_Rules){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The council by motion or resolution may adopt rules and regulations
relating to the city cemeteries.
(Prior Code, § 7-45; Code 1991, § 11-316)
::: phx-docs
HISTORY\
*Amended by Ord.
[787(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325721_Ordinance%20No.%20787%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/15/2015\
*
:::
::: {.phx-name .phx-break}
[PART 12 PLANNING, ZONING AND
DEVELOPMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_12_PLANNING,_ZONING_AND_DEVELOPMENT){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[CHAPTER 12-1 LAND DEVELOPMENT
CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_12-1_LAND_DEVELOPMENT_CODE){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Building, zoning and planning, 11 O.S. §
41-101 et seq.\
::: phx-name
[CHAPTER 12-1 LAND DEVELOPMENT
CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_12-1_LAND_DEVELOPMENT_CODE){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 12-101 Land Development Code
Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_12-101_Land_Development_Code_Adopted){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 12-101 Land Development Code
Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_12-101_Land_Development_Code_Adopted){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The City of Moore Land Development Code, as published by Municipal Code
Corporation, and as amended from time to time, containing, among other
things, regulations governing zoning, subdivisions, signs, mobile homes,
flood plain and oil and gas, is hereby adopted and incorporated herein
by reference. Any violation of the city\'s land development code is
punishable as provided in section 1-108. Each day that a violation
continues to exist shall be deemed a separate offense.
(Code 1999, § 12-100)
::: {.phx-name .phx-break}
[PART 13 PUBLIC
SAFETY](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_13_PUBLIC_SAFETY){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[CHAPTER 13-1 FIRE PREVENTION
CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-1_FIRE_PREVENTION_CODE){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 13-2 FIRE
SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-2_FIRE_SERVICES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 13-3 POLICE
SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-3_POLICE_SERVICES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 13-4 EMERGENCY
MANAGEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-4_EMERGENCY_MANAGEMENT){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 13-5 EMERGENCY TELEPHONE AND ALARM
SYSTEMS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-5_EMERGENCY_TELEPHONE_AND_ALARM_SYSTEMS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 13-6 HAZARDOUS MATERIAL INCIDENT COST RECOVERY
ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-6_HAZARDOUS_MATERIAL_INCIDENT_COST_RECOVERY_ORDINANCE){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[CHAPTER 13-1 FIRE PREVENTION
CODE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-1_FIRE_PREVENTION_CODE){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 13-1A GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1A_GENERAL_PROVISIONS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 13-1B FIRE HYDRANTS AND FIRE
LANES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1B_FIRE_HYDRANTS_AND_FIRE_LANES){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 13-1A GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1A_GENERAL_PROVISIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 13-101 Adoption Of The 2015 International Fire Code, As Amended And
Modified By The State Uniform Building Code Commission Pursuant To 59 OS
Section
1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-101_Adoption_Of_The_2015_International_Fire_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-102 Fire
Prevention](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-102_Fire_Prevention){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-103 Adoption Of Specified
Appendices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-103_Adoption_Of_Specified_Appendices){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-104 Establishment Of Limits Of Districts In Which Storage Of
Explosives And Blasting Agents Is To Be
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-104_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Explosives_And_Blasting_Agents_Is_To_Be_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-105 Establishment Of Limits Of Districts In Which Storage Of
Flammable Liquids In Outside Aboveground Tanks Is To Be
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-105_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Flammable_Liquids_In_Outside_Aboveground_Tanks_Is_To_Be_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-106 Establishment Of Limits In Which Bulk Storage Of Liquefied
Petroleum Gases Is To Be
Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-106_Establishment_Of_Limits_In_Which_Bulk_Storage_Of_Liquefied_Petroleum_Gases_Is_To_Be_Restricted){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-107 Provisions Declared To Be Minimum
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-107_Provisions_Declared_To_Be_Minimum_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-108 Modifications Of The Fire Prevention Code
Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-108_Modifications_Of_The_Fire_Prevention_Code_Authorized){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-109 New Materials, Processes Or Occupancies Which May Require
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-109_New_Materials,_Processes_Or_Occupancies_Which_May_Require_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-110
Appeals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-110_Appeals){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-111 Life Safety Code
Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-111_Life_Safety_Code_Adopted){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-112 Certificate Of
Fitness](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-112_Certificate_Of_Fitness){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 13-101 Adoption Of The 2015 International Fire Code, As Amended And
Modified By The State Uniform Building Code Commission Pursuant To 59 OS
Section
1000.23](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-101_Adoption_Of_The_2015_International_Fire_Code,_As_Amended_And_Modified_By_The_State_Uniform_Building_Code_Commission_Pursuant_To_59_OS_Section_1000.23){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. There is hereby adopted by the city for the purpose of prescribing
regulations governing conditions hazardous to life and property from
fire or explosion that certain code known as the 2015 International
Fire Code, as amended and modified by the state uniform building
code commission pursuant to 59 O.S. § 1000.23, the whole thereof,
save and except such portions as are hereinafter deleted, modified
or amended; of which code not less than one copy has been and is
filed in the office of the city clerk. The International Fire Code,
as amended, is hereby adopted and incorporated as if set out at
length herein, and shall be incorporated and considered as a part of
this Code.
2. The following additions, amendments, or deletions are made to the
fire code adopted herein:\
\
Section 101.1. Insert: The City of Moore, Oklahoma\
\
Section 109.4. Insert: Misdemeanor, \$500.00; delete: or by
imprisonment not exceeding 10 days, or both such fine and
imprisonment\
\
Section 111.4. Delete: less than \[amount\] dollars and insert: more
than five hundred (\$500.00) dollars\
\
Section 308.1.4. Delete Exception 2: Where buildings, balconies and
decks are protected by an automatic sprinkler system; delete
Exception 3.: LP-gas cooking devices having LP-gas container with a
water capacity not greater than 2 1/2 pounds \[nominal 1 pound (0.45
kg) LP-gas capacity\]
(Code 1999, § 13-101; Ord. No. 514(90), 9-17-1990; Ord. No. 631(08),
9-15-2008)
**State Law reference**--- Adoption by reference, 11 O.S. § 14-107.
::: phx-docs
HISTORY\
*Amended by Ord.
[858(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 13-102 Fire
Prevention](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-102_Fire_Prevention){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The fire prevention code shall be enforced by the division of fire
prevention in the fire department, which is hereby established and which
shall be operated under the supervision of the chief of the fire
department.
(Prior Code, § 9-53; Code 1999, § 13-102)
::: phx-name
[Sec 13-103 Adoption Of Specified
Appendices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-103_Adoption_Of_Specified_Appendices){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following appendices to the 2015 International Fire Code are adopted
and incorporated by reference and made a part hereof as if fully set
forth herein: Appendix B, Appendix C, and Appendix D.
(Code 1999, § 13-103; Ord. No. 514 (90), 9-17-1990)
::: phx-docs
HISTORY\
*Amended by Ord.
[858(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 13-104 Establishment Of Limits Of Districts In Which Storage Of
Explosives And Blasting Agents Is To Be
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-104_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Explosives_And_Blasting_Agents_Is_To_Be_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The limits referred to in the fire prevention code, in which storage of
explosives and blasting agents is prohibited, are established as
follows: All R zoning and C or I zoning only by permission of the fire
chief in accordance with the codes adopted by this chapter.
(Code 1999, § 13-104)
::: phx-name
[Sec 13-105 Establishment Of Limits Of Districts In Which Storage Of
Flammable Liquids In Outside Aboveground Tanks Is To Be
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-105_Establishment_Of_Limits_Of_Districts_In_Which_Storage_Of_Flammable_Liquids_In_Outside_Aboveground_Tanks_Is_To_Be_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Storage of flammable liquids in outside aboveground tanks is
prohibited except in those areas zoned as R through C under the
zoning ordinances of the city, except as permitted by the fire chief
in accordance with codes adopted by the city.
2. Bulk plants for flammable or combustible liquids are prohibited in R
zoning and in the areas as approved by the fire chief.
(Prior Code, § 9-54; Code 1999, § 13-105)
::: phx-name
[Sec 13-106 Establishment Of Limits In Which Bulk Storage Of Liquefied
Petroleum Gases Is To Be
Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-106_Establishment_Of_Limits_In_Which_Bulk_Storage_Of_Liquefied_Petroleum_Gases_Is_To_Be_Restricted){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Bulk storage shall be defined as any container exceeding 30 gallons
of water capacity or any combination of containers exceeding 60
gallons of water capacity.
2. In all residential zoning classifications, bulk storage of L.P.G. is
permissible upon approval of the fire chief or his designee if the
area where the L.P.G. is stored is at least 100 feet from any
occupied structure and at least 100 feet from any property line.
3. In any commercial zoning classification, bulk storage of L.P.G. is
permissible upon approval of the fire chief or his designee, for
sale or small exchange tanks for off-premises use and for
installations essential to the business as fueling stations for
equipment used in the business.
4. All permitted locations shall submit a yearly application for
approval and, upon approval, and the payment of a fee as determined
by the city council by motion or resolution, the fire chief or his
designee shall issue a permit. All permits shall be valid until the
end of the fiscal year in which they were granted and shall be
renewed annually.
(Prior Code, § 9-58; Code 1999, § 13-106; Ord. No. 207(97), 10-6-1997)
::: phx-name
[Sec 13-107 Provisions Declared To Be Minimum
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-107_Provisions_Declared_To_Be_Minimum_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions of the fire prevention code, latest edition, in their
interpretation and application, shall be held to be minimum requirements
adopted for the promotion of public health, safety, and general welfare.
Wherever any of the provisions or requirements of this code are
inconsistent with the provisions of this Code or state statutes
presently existing or enacted in the future, the provisions or
requirements containing the most restrictive regulation shall apply and
govern.
(Code 1999, § 13-107)
::: phx-name
[Sec 13-108 Modifications Of The Fire Prevention Code
Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-108_Modifications_Of_The_Fire_Prevention_Code_Authorized){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The fire chief shall have the power to modify any of the provisions of
the fire prevention code upon application in writing by the building
owner or lessee, or his duly authorized agent, when there are practical
difficulties in the way of carrying out the strict letter of the code,
provided that the spirit of the code shall be observed, public safety
secured and substantial justice done. The particulars of such
modifications when granted shall be entered upon the records of the
department, and a signed copy shall be furnished to the applicant.
(Prior Code, § 9-55; Code 1999, § 13-108)
::: phx-name
[Sec 13-109 New Materials, Processes Or Occupancies Which May Require
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-109_New_Materials,_Processes_Or_Occupancies_Which_May_Require_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The building officer, the chief of the fire department and the city
manager shall act as a committee to determine and specify, after giving
affected persons an opportunity to be heard, any new materials,
processes or occupancies which shall require permits, in addition to
those now enumerated in the code. The fire chief shall post such list in
a conspicuous place in his office and distribute copies thereof to
interested persons.
(Prior Code, § 9-57; Code 1999, § 13-109)
::: phx-name
[Sec 13-110
Appeals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-110_Appeals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whenever the fire chief or his designee shall disapprove an application
or refuse to grant a permit or license applied for, or when it is
claimed that the provisions of the code do not apply or that the true
intent and meaning of the code have been misconstrued or wrongly
interpreted, the applicant may appeal to the board of adjustment of the
city within 30 days from the date of the decision appealed from.
(Code 1999, § 13-110; Ord. No. 427(87), 2-17-1987)
::: phx-name
[Sec 13-111 Life Safety Code
Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-111_Life_Safety_Code_Adopted){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby adopted for the purposes of establishing rules and
regulations for the protection of the public safety from the hazards of
fire, smoke, fumes, etc., that certain code known as the 2015 National
Fire Protection Association Life Safety Code---NFPA 101, adopted by the
state, and the whole thereof, save and except such portions thereof as
are hereinafter deleted, modified, or amended. Not less than one copy
has been and now is filed in the office of the city clerk. The code is
hereby adopted and incorporated as fully as if set out at length herein.
(Code 1999, § 13-111; Ord. No. 515(90), 9-17-1990)
**State Law reference**--- Adoption by reference, 11 O.S. § 14-107.
::: phx-docs
HISTORY\
*Amended by Ord.
[858(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333973_Ordinance%20No.%20858(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/19/2017\
*
:::
::: phx-name
[Sec 13-112 Certificate Of
Fitness](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-112_Certificate_Of_Fitness){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A certificate of fitness is required by the responsible person
conducting any of the following activities when such activities are
conducted on a for hire basis:
1. The servicing or recharging of any portable fire extinguisher;
2. The servicing or recharging of any fixed fire extinguishing
system, inspection, servicing or recharging of any restaurant
hood system or fixed fire extinguishing system; and
3. The installation and servicing of any fire alarm or fire
communication system.
2. All applications for a certificate of fitness shall be filed with
the fire chief on forms provided by the fire chief. A fee as set by
the council shall be charged to issue the certificate of fitness.
The certificate of fitness shall be valid for a period of one year
from the date of issuance and must be renewed annually.
(Code 1999, § 13-112; Ord. No. 502(90), 1-15-1990)
::: phx-name
[ARTICLE 13-1B FIRE HYDRANTS AND FIRE
LANES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-1B_FIRE_HYDRANTS_AND_FIRE_LANES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 13-121 Fire
Hydrants](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-121_Fire_Hydrants){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-122 Fire Lanes On Private Property Devoted To Public
Use](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-122_Fire_Lanes_On_Private_Property_Devoted_To_Public_Use){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-123 Water Supply To Fire Hydrants Via Public Or Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-123_Water_Supply_To_Fire_Hydrants_Via_Public_Or_Private_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-124 Article
Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-124_Article_Cumulative){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 13-121 Fire
Hydrants](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-121_Fire_Hydrants){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Fire hydrants of a type and manufacture approved by the utility
director or city engineer shall be available to serve all building
sites prior to start of construction.
2. Building plans for all new construction shall show the location of
fire hydrants on both public and private property as approved by the
fire chief or his designee and the city engineer before any actual
construction is undertaken.
3. Hydrant locations and standards shall be as follows:
1. All hydrants are to be installed according to city standards;
2. No portion of a building of any occupancy except single-family
dwellings shall be located more than 300 feet travel distance
from a hydrant; and
3. Fire hydrants shall be located apart from buildings and fully
accessible from paved driveways and fire lanes.
4. No unauthorized person shall use, operate, conceal or in any manner
hinder the accessibility or reduce the effectiveness of any fire
hydrant within the city.
5. Access to fire hydrants required by subsection (A) of this section
shall not be required for sites whose structures total less than
2,000 square feet unless constituting or declared a high hazard
occupancy by the fire chief.
6. The requirements of this section may be waived by the city council
for good cause shown by the persons requesting a building permit.
7. Fire hydrants shall be placed at each street intersection, provided
that in no event shall the spacing exceed 500 feet in R-1 and R-2
residential areas or 300 feet in commercial, industrial or R-3
general residential areas. The distance from the nearest fire
hydrant to the most remote point in a cul-de-sac or residential
street loop shall not exceed 300 feet.
(Prior Code, § 9-111; Code 1999, § 13-121)
::: phx-name
[Sec 13-122 Fire Lanes On Private Property Devoted To Public
Use](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-122_Fire_Lanes_On_Private_Property_Devoted_To_Public_Use){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The marking of fire lanes on private property devoted to public use
shall be approved by the fire chief or his designee.
2. Parking of motor vehicles or otherwise obstructing fire lanes shall
be prohibited at all times.
3. Fire lanes and driveways shall be located so that all buildings
served by them are accessible to fire equipment.
4. All fire lanes on public or private property devoted to public use
shall be marked as such with signage and curb marking. Fire lane
access shall be marked with stripping and stenciling as specified in
subsection (D)(2) of this section.
1. *Signage*. Signs denoting fire lanes shall be 12 inches wide by
18 inches tall and shall read \"FIRE LANE. NO PARKING AT ANY
TIME. CITY ORDINANCE \# 13-122.\" Colors and height of mounting
shall conform to the Manual on Uniform Traffic Control Devices,
current edition. Fire lanes longer than 150 feet and less than
300 feet shall have a sign at each end with an intermediate sign
as close as practicable to the center of the fire lane. Fire
lane signs shall at no time be separated by more than 150 feet.
2. *Curb marking*. Curb markings shall be red with the words \"FIRE
LANE, NO PARKING\" stenciled in white letters four inches in
height, spaced at intervals of every 30 feet. Where curbs do not
exist, there shall be a red stripe four inches in width.
5. Where required by the code, the contractor or person in charge of
any construction site, for all commercial occupancies, including,
but not limited to, business, industrial, mercantile, educational,
institutional, assembly, hotel, motel, multifamily dwellings and
mobile home parks, shall provide and maintain an approved
hard-surfaced all weather access fire lane, not less than 20 feet in
width, as shown on approved site plans. Such access lane shall be
complete at such time that construction has progressed to completion
of the foundation.
6. No fire lane shall begin closer than ten feet to a building, nor
further than 50 feet from a building. The height and construction of
the building shall determine this distance.
(Prior Code, § 9-112; Code 1999, § 13-122; Ord. No. 255(99), 4-19-1999)
::: phx-name
[Sec 13-123 Water Supply To Fire Hydrants Via Public Or Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-123_Water_Supply_To_Fire_Hydrants_Via_Public_Or_Private_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Proper size for water mains located on public or private property
which supply fire hydrants for occupancies listed in section
13-122(e) shall be approved by the city engineer and the fire chief
or his designee.
2. The city engineer, fire chief or his designee shall approve no water
main supplying fire hydrants for occupancies listed in section
13-122(e) less than six inches in diameter.
(Prior Code, § 9-113; Code 1999, § 13-123; Ord. No. 256(99)-A,
4-19-1999)
::: phx-name
[Sec 13-124 Article
Cumulative](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-124_Article_Cumulative){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The provisions of this article shall be cumulative to and shall not
operate to repeal any other ordinances or provisions of this chapter.
(Prior Code, § 9-114; Code 1999, § 13-124)
::: phx-name
[CHAPTER 13-2 FIRE
SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-2_FIRE_SERVICES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 13-2A FIRE
DEPARTMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2A_FIRE_DEPARTMENT){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 13-2B CALLS OUTSIDE
LIMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2B_CALLS_OUTSIDE_LIMITS){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 13-2A FIRE
DEPARTMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2A_FIRE_DEPARTMENT){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 13-201 Created;
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-201_Created;_Duties){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-202 Use Of Fire
Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-202_Use_Of_Fire_Equipment){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-203 Authority Of Firefighters At
Fires](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-203_Authority_Of_Firefighters_At_Fires){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-204 Right Of
Entry](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-204_Right_Of_Entry){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Fire department authorized, 11 O.S. §
29-105.\
::: phx-name
[Sec 13-201 Created;
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-201_Created;_Duties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. There is a fire department of the city, the head of which is the
chief of the fire department.
2. It is the duty of the fire department, among others, to extinguish
fires; to rescue persons endangered by fire; to resuscitate, and to
administer first aid to, persons injured in or about burning
structures on elsewhere in case of an emergency; to promote fire
prevention; and unless otherwise provided, to enforce all ordinances
relating to fires, fire prevention and safety of persons from fire
in public and private buildings.
(Prior Code, §§ 9-16, 9-18; Code 1999, § 13-201)
::: phx-name
[Sec 13-202 Use Of Fire
Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-202_Use_Of_Fire_Equipment){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall use any fire apparatus or equipment for any private
purpose, nor shall any person willfully and without proper authority
take away or conceal any article used in any way by the department. No
person shall enter any place where fire apparatus is housed or handle
any apparatus or equipment belonging to the department unless
accompanied by, or having the special permission of, an officer or
authorized member of the department.
(Code 1999, § 13-202)
::: phx-name
[Sec 13-203 Authority Of Firefighters At
Fires](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-203_Authority_Of_Firefighters_At_Fires){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The fire chief, assistant fire chiefs or other fire department officers
in charge shall have complete charge and control at all fires. Fire
orders shall be obeyed. The chief or his officers may prescribe limits
in the vicinity of a fire which no persons except those residing or
owning property therein shall be permitted to enter except on the order
of the officer in command. Police officers may aid in carrying into
effect the provisions of this section.
(Code 1999, § 13-203)
::: phx-name
[Sec 13-204 Right Of
Entry](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-204_Right_Of_Entry){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The chief of the fire department and his designee may at all reasonable
hours enter any building or premises within his jurisdiction for the
purpose of making any inspection or investigation which, under the
provisions of this chapter and other provisions of this Code, he may
deem necessary to make.
(Prior Code, § 9-204; Code 1999, § 13-204)
::: phx-name
[ARTICLE 13-2B CALLS OUTSIDE
LIMITS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-2B_CALLS_OUTSIDE_LIMITS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 13-211 Power To
Contract](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-211_Power_To_Contract){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-212 Contracts For
Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-212_Contracts_For_Service){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-213 Authority To Answer
Calls](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-213_Authority_To_Answer_Calls){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-214 Charges For Calls Made Outside
City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-214_Charges_For_Calls_Made_Outside_City){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-215 Firefighters Serving In Regular Line Of
Duty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-215_Firefighters_Serving_In_Regular_Line_Of_Duty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 13-211 Power To
Contract](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-211_Power_To_Contract){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city is hereby authorized and empowered to enter into contracts or
agreements with individuals, firms, private corporations or
associations, or military installations or commands, or political
subdivisions of the state for fire protection outside the corporate
limits of the city, and to contract to provide fire protection jointly
with other organizations and municipal subdivisions of the state.
(Code 1999, § 13-221)
::: phx-name
[Sec 13-212 Contracts For
Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-212_Contracts_For_Service){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any contract entered into by the city, with an individual owner, a firm,
private corporation, association or political subdivision, for outside
aid or mutual aid for fire protection, shall provide for the payment by
the owner, firm, private corporation, association or political
subdivision for such service, equipment or personnel in an amount
reached through negotiation by the parties.
(Code 1999, § 13-222)
::: phx-name
[Sec 13-213 Authority To Answer
Calls](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-213_Authority_To_Answer_Calls){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The fire department is authorized to answer all calls outside the city
within a reasonable distance of the city limits if first approved by the
fire chief on duty. The fire chief shall determine that the equipment
and personnel to be dispatched for such calls are not needed for other
purposes within the city.
(Code 1999, § 13-223)
::: phx-name
[Sec 13-214 Charges For Calls Made Outside
City](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-214_Charges_For_Calls_Made_Outside_City){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city may enter into a contract with persons, organizations or
associations to provide fire protection service outside the city limits.
Such contracts shall be conditioned upon the determination of the fire
chief that the property in question is within a reasonable distance from
the city and that prior to any fire protection equipment being
dispatched for any fire call for such property, the fire chief on duty
shall first approve such call and determine that the equipment and
personnel to be dispatched are not needed for other purposes within the
city. The charges for such calls shall be as specified in the fee
schedule.
(Code 1999, § 13-224)
::: phx-name
[Sec 13-215 Firefighters Serving In Regular Line Of
Duty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-215_Firefighters_Serving_In_Regular_Line_Of_Duty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All firefighters attending and serving at fires or doing fire prevention
work outside the corporate limits of the city, as herein provided, shall
be considered as serving in their regular line of duty as fully as if
they were serving within the corporate limits of the city. The
firefighters shall be entitled to all the benefits of any fire pension
and relief fund in the same manner as if the firefighting or fire
prevention work was being done within the corporate limits of the city.
(Code 1999, § 13-225)
::: phx-name
[CHAPTER 13-3 POLICE
SERVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-3_POLICE_SERVICES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[ARTICLE 13-3A POLICE
DEPARTMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3A_POLICE_DEPARTMENT){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 13-3B POLICE BOARD OF
REVIEW](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3B_POLICE_BOARD_OF_REVIEW){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Municipal police, 11 O.S. § 34-101 et seq.\
::: phx-name
[ARTICLE 13-3A POLICE
DEPARTMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3A_POLICE_DEPARTMENT){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 13-301
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-301_Created){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-302
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-302_Duties){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-303 Police Officers; Carrying Weapons Off Duty;
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-303_Police_Officers;_Carrying_Weapons_Off_Duty;_Restrictions){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 13-301
Created](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-301_Created){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There shall be a police department, the head of which is the chief of
police, or the police chief.
(Prior Code, § 18-16; Code 1999, § 13-301)
::: phx-name
[Sec 13-302
Duties](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-302_Duties){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is the duty of the police department to apprehend and arrest on view
or on warrant and bring to justice violators of the ordinances of the
city; to suppress all riots, affrays and unlawful assemblies which may
come to their knowledge, and generally to keep the peace; to serve
warrants, writs, executions and other processes properly directed and
delivered to them; to apprehend and arrest persons violating state laws
as provided by law, and to turn them over to proper authorities; and in
all respects to perform all duties pertaining to the offices of police
officers.
(Prior Code, §§ 18-16, 18-17; Code 1999, § 13-302)
::: phx-name
[Sec 13-303 Police Officers; Carrying Weapons Off Duty;
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-303_Police_Officers;_Carrying_Weapons_Off_Duty;_Restrictions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Police officers shall perform such duties as shall be required of
them by the chief, the city ordinances and state regulations and any
other actions required in the maintenance of good order and public
peace.
2. A full-time duly appointed peace officer of the city who is
certified by the state council on law enforcement education and
training, (C.L.E.E.T.) pursuant to state law, is hereby authorized
to carry a weapon, certified and approved by the chief of police of
the city, or his duly authorized agent, during periods when he is
not on active duty. When an off-duty officer carries a certified
weapon, the officer shall be in law enforcement uniform prescribed
by the employing agency, or when not wearing the prescribed law
enforcement uniform shall be required to have his official peace
officer\'s badge, commission card, and C.L.E.E.T. certification card
on his person at all times when carrying a weapon certified and
approved by the employing agency, and to keep the authorized weapon
concealed from view at all times except when the weapon is used
within the guidelines, rules, and regulations established by the
employing agency.
3. Nothing in this section shall be interpreted to authorize a peace
officer in actual physical possession of a weapon to consume beer or
alcoholic beverages, except in the authorized line of duty as an
undercover officer. Any officer in violation of this section shall
be deemed guilty of a violation of this section as though he were a
private person.
(Code 1999, § 13-303; Ord. No. 464, 10-3-1988, in part; Ord. No. 4(91),
1991)
::: phx-name
[ARTICLE 13-3B POLICE BOARD OF
REVIEW](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_13-3B_POLICE_BOARD_OF_REVIEW){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 13-311 Board
Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-311_Board_Established){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-312
Members](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-312_Members){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-313
Appointments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-313_Appointments){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-314
Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-314_Term){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-315
Hearings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-315_Hearings){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-316 Records Of
Proceedings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-316_Records_Of_Proceedings){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-317 Legal
Counsel](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-317_Legal_Counsel){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 13-311 Board
Established](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-311_Board_Established){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Pursuant to 11 O.S. § 50-123, there is hereby established a police board
of review to hear appeals concerning the discharge of police officers.
(Code 1999, § 13-311)
::: phx-name
[Sec 13-312
Members](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-312_Members){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The board of review shall consist of:
1. The mayor, ex officio, who shall be a voting member of the board;
2. Two active duty or retired police officers of the city;
3. One attorney residing in the city; and
4. One licensed physician residing in the city.
(Code 1999, § 13-312)
::: phx-name
[Sec 13-313
Appointments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-313_Appointments){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Members of the board of review, with the exception of the mayor,
shall be appointed by the council, except that when persons meet the
qualifications of section 13-312(c) and (d), the mayor shall in lieu
thereof make the appointments from the governing body of the city.
2. Neither the chief of police nor any person having direct appointive
authority for police personnel shall be eligible for appointment to
the board of review.
(Code 1999, § 13-313)
::: phx-name
[Sec 13-314
Term](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-314_Term){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Appointive members of the police board of review shall serve at the
pleasure of the appointing authority.
(Code 1999, § 13-314)
::: phx-name
[Sec 13-315
Hearings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-315_Hearings){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any eligible officer who is discharged may appeal to the police board of
review. The board of review shall, within a reasonable length of time,
schedule a hearing of such appeal, hear the evidence presented
supporting the discharge and the evidence presented opposing the
discharge, and render its decision, in writing, either affirming or
reversing the discharge.
(Code 1999, § 13-315)
::: phx-name
[Sec 13-316 Records Of
Proceedings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-316_Records_Of_Proceedings){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Proceedings before the police board of review shall be recorded by the
secretary to the board and the minutes of the meeting shall be safely
retained during such time as the aggrieved party to such proceedings may
appeal the decision of the board of review.
(Code 1999, § 13-316)
::: phx-name
[Sec 13-317 Legal
Counsel](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-317_Legal_Counsel){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Proceedings before the police board of review shall be informal in
nature and strict rules of evidence shall not apply.
2. Any party shall have the right to be represented by counsel,
provided that such counsel shall be an attorney licensed to practice
law within the state. Such attorney shall have the right to examine
and cross examine persons testifying before the board as shall the
party, if not represented by counsel.
(Code 1999, § 13-317)
::: phx-name
[CHAPTER 13-4 EMERGENCY
MANAGEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-4_EMERGENCY_MANAGEMENT){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 13-401 Intent And Purpose;
Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-401_Intent_And_Purpose;_Authority){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-402
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-402_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-403 Organization And
Appointments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-403_Organization_And_Appointments){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-404 Emergency Powers And Duties Of City
Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-404_Emergency_Powers_And_Duties_Of_City_Manager){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-405 Duties And Emergency Powers Of The Emergency Management
Director](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-405_Duties_And_Emergency_Powers_Of_The_Emergency_Management_Director){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-406 Emergency Operations
Plan](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-406_Emergency_Operations_Plan){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-407 Assistance Of Persons Outside City
Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-407_Assistance_Of_Persons_Outside_City_Government){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-408 No Municipal Or Private
Liability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-408_No_Municipal_Or_Private_Liability){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-409 Violation Of
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-409_Violation_Of_Regulations){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-410
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-410_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-411 Violation Of Emergency Price Stabilization
Act](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-411_Violation_Of_Emergency_Price_Stabilization_Act){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Oklahoma Emergency Management Act of 2003, 63
O.S. § 683.1 et seq.; local emergency management program, 63 O.S. §
683.11.\
::: phx-name
[Sec 13-401 Intent And Purpose;
Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-401_Intent_And_Purpose;_Authority){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Intent and purpose*. The purpose of this chapter is to create an
emergency management organization for the city to:
1. Aid in mitigation and preparedness before a disaster and to
alleviate injury or damage through a coordinated response and
recovery from damages resulting from disaster, nuclear or
conventional weapons attack, sabotage or other hostile action,
or by other disaster or major emergency as defined herein; and
2. Protect the lives and health of the citizens of the city, their
property and property rights, whether public or private, in any
emergency or disaster event endangering the lives and property
of the people of the city.
2. *Authority*. Nothing in this chapter shall be construed as power or
authority to abridge or lessen the legislative and administrative
powers of the mayor and city council, unless such is specifically
granted herein.
::: phx-docs
HISTORY\
*Adopted by Ord.
[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/17/2016\
*
:::
::: phx-name
[Sec 13-402
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-402_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Authorized persons* means all state, county and municipal police and
fire personnel; hospital and ambulance crews; National Guard, and
emergency management personnel ordered into a disaster area by proper
authority; federal civil and military personnel on official business;
persons who enter a disaster area to maintain or restore facilities for
the provision of water, electricity, communications or transportation to
the public; and such other officials as have valid reason to enter a
disaster area.
*Civil emergency* means a riot or unlawful assembly characterized by the
use of actual force or violence or any threat to use force if
accompanied by immediate power to execute by three or more persons
acting together. All powers, duties and regulations relating to a
disaster shall also apply to a civil emergency.
*Curfew* means a prohibition against any persons walking, running,
loitering, standing, or motoring upon any alley, street, highway, public
property, or vacant premises within the corporate limits of the city,
except persons officially designated to duty with reference to the civil
emergency.
*Disaster* means any event within the city limits threatening or
resulting in the death or injury of persons or the destruction of
property to such an extent that extraordinary measures must be taken to
protect the public health, safety and welfare.
*Disaster area* means the scene or location of any disaster or civil
emergency.
*Emergency management* means the functions charged to the emergency
management department and other city departments to create a framework
to provide coordinated community actions to reduce the city\'s
vulnerability to hazards, and increase the city\'s resiliency and
ability to respond to and recover from disasters. This includes
functions and actions to mitigate, prepare for, respond to and otherwise
aid the citizens of the city in the recovery from injury and damages
caused by the effects of disasters. These might include, without
limitation:
1. Fire, flood, tornado, drought, earthquake, and other natural events;
2. Transportation accidents, chemical releases, industrial accidents,
and other technological events;
3. Infectious disease outbreaks and other public health events;
4. Civil disorder, domestic and international terrorism, acts of war,
and other manmade events; and
5. Any other event which develops to such an extent as to cause an
extreme emergency situation which jeopardizes the health, safety or
welfare of the citizens of the city.
*Emergency management director (\"director\")* means the individual
appointed by the city manager to carry out the functions set out in this
chapter.
*Emergency management forces* means the employees, equipment and
facilities of all city institutions and commissions; and, in addition,
it shall include all volunteer personnel, equipment and facilities
contributed by or obtained from volunteer persons or agencies.
*Emergency management volunteer* means any person duly registered,
trained, identified and appointed by the director and assigned to
participate in an emergency management and/or disaster activity.
*Enemy attack* means a direct or indirect assault against the city, its
government, its environs, or of the nation, by the forces of a hostile
nation, the agents thereof, and/or non-state sponsored militant or
extremist groups, including assault by bombing, radiological, chemical
or biological warfare, sabotage or terrorism.
*Federal Emergency Management Agency (FEMA)* means the Federal Emergency
Management Agency, as created by the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, P.L. 100-707.
*Oklahoma Department of Emergency Management (OEM)* means the State of
Oklahoma\'s Department of Emergency Management, as created in 63 O.S. §
683.4.
*Regulations* includes plans, programs, and other emergency procedures
deemed essential to emergency management.
*Resilience* means the ability to prepare and plan for, absorb, recover
from, and more successfully adapt to adverse events.
*Volunteer* means the contribution of a service, equipment or facilities
to the emergency management system and assigned for use in a
disaster/exercise activity, given without expectation of compensation.
::: phx-docs
HISTORY\
*Adopted by Ord.
[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/17/2016\
*
:::
::: phx-name
[Sec 13-403 Organization And
Appointments](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-403_Organization_And_Appointments){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager is authorized and directed to create an organization
for emergency management utilizing to the fullest extent the existing
agencies within the city. The city manager, as executive head of the
municipal government, shall be the supervisor of the emergency
management forces of the city and shall be responsible for their
organization, administration and operations. The organization shall
consist of the following:
1. The city manager shall create and maintain a department of emergency
management to aid in mitigation and preparedness before a disaster
and to alleviate injury or damage through a coordinated response and
recovery from damages resulting from disaster, nuclear or
conventional weapons attack, sabotage or other hostile action, or by
other disaster or major or civil emergency as defined herein, and to
protect the lives and health of the citizens of the city, their
property and property rights, whether public or private, in any
emergency or disaster event endangering the lives and property of
the people of the city.
2. The city manager shall appoint a director to be head of the
emergency management department, and such assistants and other
employees as are deemed necessary for the proper functioning of the
organization. The director shall be a person trained in planning
operations involving the activities of many different agencies which
will operate to protect the public health, safety and welfare in the
event of danger from enemy action or disaster as defined in this
chapter. The director shall meet the qualifications promulgated by
the Oklahoma Department of Emergency Management (OEM).
3. The employees, equipment and facilities of all city departments,
boards, institutions and commissions will participate in emergency
management activity as needed. Duties assigned to a city department
shall be the same or similar to the normal duties of the department.
4. Volunteer persons and agencies offering services to and accepted by
the city.
::: phx-docs
HISTORY\
*Adopted by Ord.
[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/17/2016\
*
:::
::: phx-name
[Sec 13-404 Emergency Powers And Duties Of City
Manager](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-404_Emergency_Powers_And_Duties_Of_City_Manager){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Emergency authority of city manager*. The city manager may exercise
the emergency power and authority necessary to fulfill the general
powers and duties of the position as defined in article III of the
city Charter.
2. *Emergency declaration*. When in the judgment of the city manager it
is necessary to invoke the emergency powers provided herein,
concurrence of the mayor should be immediately sought, who shall
make the decision whether or not to declare an emergency.
1. If the mayor is not available, the decision shall be made by the
vice-mayor; if that individual is not available, the decision
shall be made by the senior councilmember available.
2. In the event the mayor and city council are not available to
act, then the city manager shall be the sole authority necessary
to invoke the powers provided herein.
3. In the absence of the city manager as the final judge of an
emergency declaration, the emergency management director shall
make the determination.
4. Whether the mayor, the vice-mayor, a councilmember, the city
manager or the director declares an emergency, such action shall
not be construed as abridging or curtailing the powers or
restrictions of the mayor and city council as defined in the
Charter of the city. Thereafter the mayor and city council may
convene to perform their legislative and administrative powers,
and shall receive reports relative to emergency management
activities.
3. *Emergency regulations*. During any period when disaster threatens
or when the city has been affected by disaster or major emergency,
within the definition of this chapter, the city manager may
promulgate such regulations as deemed necessary to protect life and
property and preserve critical resources. Such regulations may
include, but shall not be limited to, the following:
1. Regulations prohibiting or restricting the movement of vehicles
to facilitate the work of emergency management forces or the
mass movement of persons from critical areas within or without
the city.
2. Regulations pertaining to the movement of persons to and/or from
areas deemed to be hazardous or vulnerable to disaster.
3. Regulations restricting the movement of persons upon the streets
at particular times of days and in particular areas.
4. Such other regulations necessary to preserve public peace,
health and safety.
5. Regulations promulgated in accordance with the authority above
will be given widespread circulation by proclamations published
and disseminated by newspaper, television, radio and other
available means of communications with the public. These
regulations will have the force of ordinance when duly filed
with the city clerk and violations will be subject to the
penalties provided in this chapter.
4. *Emergency management forces*. Whenever the city manager finds that
any condition in the city has attained, or threatens to attain, the
proportions of a disaster or emergency, he may assemble and utilize
emergency management forces and may prescribe the manner and
conditions of their use.
5. *Mutual aid---Requesting*. When disaster or emergencies affect the
city to the extent that conditions are beyond the control of local
emergency management forces, the city manager may request aid from
other communities and the state.
6. *Same---Rendering*. When requested, the city manager may send
emergency management forces to the aid of other communities affected
by disaster or emergency.
7. *Emergency procurement*. The city manager may make emergency
procurements in accordance with the purchasing policies when an
emergency condition arises and the need cannot be met through normal
procurement methods, as referenced in section 7-206.
8. *Curfew*. After proclamation of an emergency, the city manager may
order a general curfew applicable to such geographical areas of the
city or to the city as a whole, as he deems advisable, and the
curfew shall be applicable during such hours of the day or night as
he deems necessary in the interest of the public safety and welfare.
After the mayor and city council convene, such order is subject to
their approval.
9. *Emergency prohibitions*. After the proclamation of an emergency and
in the interest of public safety and welfare, the city manager may
also make any or all emergency orders deemed necessary. These may
include, without limitation, orders prohibiting the following:
1. Any person being on the public streets, or in the public parks
or at any other public place during the hours declared by the
city manager to be a period of curfew;
2. The manufacture, transfer, use, possession or transportation of
a molotov cocktail or any other device, instrument or object
designed to explode or produce uncontained combustion;
3. The transporting, possessing or using of gasoline, kerosene or
combustible, flammable or explosive liquids or materials in a
glass or uncapped container of any kind, except in connection
with the normal operation of motor vehicles, normal home use or
legitimate commercial use;
4. The sale, purchase or dispensing of alcoholic beverages;
5. The sale, purchase or dispensing of other commodities or goods,
as the city manager reasonably believes should be prohibited to
help preserve and maintain life, health, property or the public
peace;
6. The use of certain streets, highways or public ways by the
public;
7. The sale, ownership, possession, transportation, carrying,
transfer and storage of firearms, ammunition and ammunition
accessories during a declared state of emergency unless such is
otherwise legal under state law;
8. Impersonation of a city official or emergency management
volunteer;
9. Unauthorized use of any insignia of the city;
10. Unauthorized entry into any disaster area;
11. Following an emergency or disaster vehicle, or purposely driving
to any location on or near a roadway where a disaster or
emergency area exists;
12. Proceeding to or remaining at a disaster area for the purpose of
being a bystander, spectator, sightseer, or souvenir hunter, or
disturbing any material objects, equipment, or thing directly or
indirectly relating to or pertaining to the disaster;
13. Obstructing, hindering, or delaying any public official, shelter
manager, or other authorized individual in the enforcement of
any rules, regulations or executive orders issued pursuant to
the authority contained in this chapter;
14. Failing to obey rules, regulations or official orders within a
shelter;
15. Failing to obey any executive order issued under this chapter;
16. Unauthorized use of, or tampering with, a siren or other device
so as to simulate any alert or take-cover signal or the
termination of an alert or take-cover signal; and
17. Such other activities as the city manager reasonably believes
should be prohibited to help preserve and maintain life, health,
property or the public peace.
After the mayor and city council convene, all orders are subject to
their approval.
10. *Emergency services and volunteers*. The city manager may require
emergency services of any city officer or employees. If regular city
forces are determined inadequate, the city manager may request the
services of such other available personnel as can be obtained,
including citizen volunteers. All duly authorized persons rendering
emergency services shall be entitled to the privileges and
immunities as are provided by state law, the city Charter and
ordinances for regular city employees and other registered and
identified emergency management and disaster workers and, upon
demand, may receive appropriate compensation for their emergency
employment.
11. *Acceptance of emergency management funds*. The city manager shall
be empowered to accept any gifts, grants and loans from the federal
government, from the state, or from any person, entity,
organization, firm or corporation, as set out in various federal and
state emergency management and disaster relief laws.
12. *Succession*. In the event the city manager is unable to assume
emergency duties for any reason, the normal succession as designated
in the emergency operations plan by the city manager shall take
effect. In the event those individuals are unable to assume the city
manager duties, the mayor and city council shall designate an acting
city manager.
::: phx-docs
HISTORY\
*Adopted by Ord.
[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/17/2016\
*
:::
::: phx-name
[Sec 13-405 Duties And Emergency Powers Of The Emergency Management
Director](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-405_Duties_And_Emergency_Powers_Of_The_Emergency_Management_Director){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The emergency management director shall be responsible to the city
manager in regard to all phases of emergency management or disaster
activity. Under the supervision of the city manager, he shall be
responsible for the planning, coordination and operation of emergency
management/civil defense activity (disaster services) in the city. Under
the supervision of the city manager, he shall maintain liaison with the
state and federal authorities and the authorities of other nearby
political subdivisions as to ensure the most effective operations of the
emergency management program. His duties shall include, but not be
limited to, the following:
1. Monitoring and maintaining an awareness of all threats to and
vulnerabilities of the city, including those that are natural,
manmade, or technological in nature; promoting actions to mitigate,
where possible, the threats and vulnerabilities identified;
coordinating and disseminating information concerning those threats
and vulnerabilities to the emergency management forces of the city,
the civilian population, and other interested parties; and providing
alerting and/or warning concerning impending threats to the
population of the city;
2. Developing and coordinating plans for the immediate use of all of
the facilities, equipment, manpower and other resources of the city
for the purpose of minimizing or preventing damage to persons and
property; and protecting and restoring to usefulness governmental
services and public utilities necessary for public health, safety
and welfare;
3. Coordinating the recruitment of volunteer personnel and agencies to
augment the personnel and facilities of the city for disaster
purposes;
4. Negotiating and concluding agreements with owners or persons in
control of buildings or other property for the use of such buildings
or other property for emergency purposes and designating suitable
buildings as public shelters;
5. Providing and promoting informational, educational, outreach, and
training programs to emergency management forces of the city, the
civilian population, and other interested parties as to the
mitigation of, preparation for, response to, and recovery from
disasters, civil emergencies and enemy attack, as defined herein;
6. Conducting practice exercises to ensure the efficient operation of
emergency and disaster forces and to familiarize disaster workers
and residents with disaster regulations, procedures and operations;
7. Maintaining and managing an emergency operations center and other
support facilities and locations during disaster operations, so as
to facilitate coordination of emergency management forces during
disasters, civil emergencies and enemy attack;
8. Coordinating the activity of all other public and private agencies
engaged in any disaster activity, real or implied;
9. Assuming such authority and conducting such activity as the city
manager may direct to promote and execute the emergency operations
plan;
10. Supporting long-term recovery efforts within the city after
disasters, civil emergencies and enemy attack; and promoting efforts
to increase the city\'s resiliency prior to, during, and after
emergency events; and
11. Documenting all activities conducted in support of emergency
management program objectives; and providing required information
and reports to the city manager, the Oklahoma Department of
Emergency Management (OEM), the Federal Emergency Management Agency
(\"FEMA\"), and other governmental agencies and organizations as
required and appropriate.
::: phx-docs
HISTORY\
*Adopted by Ord.
[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/17/2016\
*
:::
::: phx-name
[Sec 13-406 Emergency Operations
Plan](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-406_Emergency_Operations_Plan){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A comprehensive emergency operations plan shall be adopted and
maintained by the city council upon the recommendations of the city
manager and emergency management director. In the preparation of
this plan as it pertains to city organization, it is the intent that
the services, equipment, facilities and personnel of all existing
departments and agencies shall be utilized to the fullest extent.
When approved, it shall be the duty of all municipal departments and
agencies to perform the functions assigned by the plan and to
maintain their portion of the plan in a current state of readiness
at all times. The emergency operations plan shall be considered
supplementary as to this chapter and have the effect of law whenever
a disaster, as defined in this chapter, has been proclaimed.
2. The emergency management director shall prescribe in the plan those
positions within the disaster organization, in addition to his own,
for which lines of succession are necessary. In each instance, the
responsible person will designate and keep on file with the
emergency manager a current list of three persons as successors to
their position. The list will be in order of succession and will as
nearly as possible designate persons capable of carrying out all
assigned duties and functions.
3. Each service chief and department head assigned responsibility in
the plan shall be responsible for carrying out all duties and
functions assigned therein. Duties will include the organization and
training of assigned city employees and volunteers. Each chief or
department head shall formulate the standard operating procedures
and guidelines necessary to carry out the assigned duties and
functions.
4. Amendments to the emergency operations plan shall be submitted to
the city manager. If approved, the city manager will submit the
amendments to the city council with his recommendation for their
approval. Following city council approval, such amendments shall
take effect 30 days from the date of approval, unless an emergency
exists and is declared, at which time the approved amendments shall
become effective immediately.
5. Other plans relating to emergency and disaster mitigation,
preparedness, response and recovery may also be adopted and
maintained as deemed necessary.
::: phx-docs
HISTORY\
*Adopted by Ord.
[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/17/2016\
*
:::
::: phx-name
[Sec 13-407 Assistance Of Persons Outside City
Government](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-407_Assistance_Of_Persons_Outside_City_Government){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
When a required competency or skill for a disaster function is not
available within the city government, the appropriate department head in
consultation with the city manager is authorized to seek assistance from
persons outside of government. The assignment of duties, when of a
supervisory nature, shall also grant authority for the persons so
assigned to carry out such duties prior to, during and after the
occurrence of a disaster until revoked by the city manager. Such
services from persons outside of government may be accepted by the city
on a volunteer basis or through charges agreeable to the city and
contractor. Volunteers obtained to fill said needs shall be enrolled as
emergency management volunteers in cooperation with the heads of city
departments affected.
::: phx-docs
HISTORY\
*Adopted by Ord.
[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/17/2016\
*
:::
::: phx-name
[Sec 13-408 No Municipal Or Private
Liability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-408_No_Municipal_Or_Private_Liability){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. This chapter is an exercise by the city through its governmental
functions for the protection of the public peace, health and safety.
Neither the city, nor its agents and representatives or any
individual, receiver, firm, partnership, corporation, association,
or trustee, or any of the agents thereof, in good faith carrying
out, complying with or attempting to comply with any order, rule or
regulation promulgated pursuant to the provisions of this chapter,
shall be liable for any damage sustained to persons or property as
the result of said activity.
2. Any person owning or controlling real estate or other premises who
voluntarily and without compensation grants the city the right to
inspect, designate and use the whole or any part of such real estate
or premises for the purpose of sheltering persons during an actual,
impending or practice enemy attack or disaster shall not be civilly
liable for the death of, or injury to, any persons on or about such
real estate or premises under such license, privilege or other
permission, or for loss of, or damage to, the property of such
person.
::: phx-docs
HISTORY\
*Adopted by Ord.
[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/17/2016\
*
:::
::: phx-name
[Sec 13-409 Violation Of
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-409_Violation_Of_Regulations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It shall be unlawful for any person to violate any of the provisions of
this chapter or of the regulations or plans issued pursuant to the
authority contained herein, or to willfully obstruct, hinder or delay
any member of the emergency management organization, as herein defined,
in the enforcement of the provisions of this chapter or any regulation
or plan issued thereunder.
::: phx-docs
HISTORY\
*Adopted by Ord.
[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/17/2016\
*
:::
::: phx-name
[Sec 13-410
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-410_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person, firm or corporation violating any provisions of this chapter
or any rule or regulation promulgated thereunder, upon conviction
thereof, will be assessed a fine as established by section 1-108.
::: phx-docs
HISTORY\
*Adopted by Ord.
[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/17/2016\
*
:::
::: phx-name
[Sec 13-411 Violation Of Emergency Price Stabilization
Act](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-411_Violation_Of_Emergency_Price_Stabilization_Act){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager, upon the concurrence of a majority of the city
council, shall bring an action against any person, firm or individual
that violates the Emergency Price Stabilization Act, as outlined in 15
O.S. § 777.1 et seq.
::: phx-docs
HISTORY\
*Adopted by Ord.
[836(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328971_Ordinance%20No.%20836%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/17/2016\
*
:::
::: phx-name
[CHAPTER 13-5 EMERGENCY TELEPHONE AND ALARM
SYSTEMS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-5_EMERGENCY_TELEPHONE_AND_ALARM_SYSTEMS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 13-501
Purposes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-501_Purposes){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-502
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-502_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-503 False
Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-503_False_Alarms){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-504 Notice Of False
Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-504_Notice_Of_False_Alarms){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-505 Emergency Call
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-505_Emergency_Call_Records){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-506 Operational Defects To Be
Remedied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-506_Operational_Defects_To_Be_Remedied){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-507 Notification Of
Tests](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-507_Notification_Of_Tests){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-508 Fire Inspection Of Alarm
Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-508_Fire_Inspection_Of_Alarm_Systems){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-509
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-509_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 13-501
Purposes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-501_Purposes){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
While recognizing the value of effective alarm systems in deterring
crime and preventing fire losses and while encouraging the use of such
alarm systems, it is the purpose of this chapter to enhance and protect
the emergency services, to require minimum standards for alarm systems
and services therefor, and to license users thereof, to improve system
effectiveness and to reduce, insofar as possible, the misuse of
emergency public services.
::: phx-docs
HISTORY\
*Adopted by Ord.
[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[Sec 13-502
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-502_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:\
*\
911 system* means an emergency phone system which is designed to
receive emergency phone calls by dialing the three-digit number
\"911.\" The system places person requesting emergency service in
touch with fire, police, and ambulance services by dialing the
three-digit number \"911.\"\
*\
Alarm business* means any person or firm engaged in the business of
installing, assisting in the installation, servicing, maintaining,
repairing, replacing, moving, or removing alarm systems in the city
and duly licensed by the state.\
*\
Alarm system* means any mechanism, equipment or device which is
designed to detect the presence of a fire, or an unauthorized entry
or activity in any building or on any property, or to direct
attention to a fire, robbery, burglary, or other emergency in
progress, and to signal the above occurrences either by a local or
audible alarm or by a silent or remote alarm, directly or indirectly
to the police or fire department. The following devices shall not
constitute alarm systems within the meaning of this chapter:
1. Devices which do not activate alarms that are audible, visible,
or perceptible outside the protected premises;\
2. Devices which are not installed, operated or used for the
purpose of reporting an emergency, either directly or by third
party to the police or fire department;\
3. Alarm devices affixed to motor vehicles;\
4. Alarm devices installed on a temporary basis by the police or
fire department; and\
5. Alarm devices installed in or on premises owned or leased by the
city.
*Answering service* means a telephone answering service providing,
among its services, the receiving, on a continuous basis through
trained employees, of emergency signals from alarm systems and the
subsequent relaying of messages to the police or fire department on
a person-to-person basis.\
\
*Automatic dialing device* means an alarm system which automatically
sends over regular telephone lines, by direction connection or
otherwise, any type of communication or message indicating the
existence of an emergency situation that the alarm system is
designed to detect.\
\
*Central station* means an office to which alarm systems are
connected, where operators supervise the circuits, and where guards
or servicemen are maintained continuously to investigate signals.
For purposes of fire alarms, information relay systems shall be in
compliance with the National Fire Prevention Association
(hereinafter \"NFPA\") standards as set forth in NFPA 71, Central
Station Signaling Systems, NFPA 72A, Local Protective Signaling
Systems, NFPA 72B, Auxiliary Protective Signaling Systems, or NFPA
72C, Remote Station Protective Signaling Systems.\
\
*Direct line* means a telephone line leading directly from a central
station to the police or fire department, where such line is used
only to report emergency signals on a person-to-person basis.\
\
*Emergency* means the existence of a fire, or the commission or
attempted commission of a robbery, burglary or other criminal
action.\
\
*Employee* means any person who is employed by an alarm business and
who installs, services, maintains, repairs or replaces alarm systems
in the city.\
\
*Interconnect* means to connect a burglar alarm system or other
alarm system, including an automatic dialing device, to a telephone
line, either directly or indirectly, or through a mechanical device
that utilizes a telephone, for the purpose of using the telephone
line to transmit a message upon the activation of the alarm system.\
\
*Modified central station* means an office to which alarm systems
are connected, where operators supervise the circuits but where
guards are not maintained to investigate alarm signals.\
\
*Telephone dialing device* means a device which is interconnected to
a telephone line and is programmed to select a predetermined
telephone number and transmit by voice message or code signal an
emergency indicating a need for police, fire or medical responses.\
\
*Trunk line* means a telephone line leading into the police or fire
department and having the primary purpose of handling emergency
signals or messages on a person-to-person basis origination through
a central station, modified central station, or answering service.
::: phx-docs
HISTORY\
*Adopted by Ord.
[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[Sec 13-503 False
Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-503_False_Alarms){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The term \"false alarm\" means the activation of an alarm system through
mechanical failure, malfunction, the negligence of the alarm business
operator or his employees or agents, or the negligence of the owner,
user or lessee of an alarm system or his employees or agents, or which
otherwise elicits a response by a law enforcement agency or the fire
department when a situation requiring such response does not in fact
exist. The term \"false alarm\" shall also mean the activation of an
alarm, the purpose of which is to communicate or indicate a specific
emergency situation when in fact that specific emergency situation does
not exist. The term \"false alarm\" does not include, for example,
alarms activated by utility line mishaps, tornados, earthquakes, or
other violent conditions of nature, or other conditions clearly beyond
the control of the alarm manufacturer, installer, owner or user.
1. False alarms include those caused by:
1. *Error* or *mistakes*. Any action by any person, firm or
corporation, or other entity or agent thereof, owning or
operating any dwelling, building or place, which results in the
activation of any alarm system when no emergency exists;
2. *Malfunction*. Any activation of any alarm system caused by a
flaw in the normal operation, design, installation, or
maintenance of the system, by faulty equipment or by a change in
the environment or premises upon or within which the alarm
system is operating;
3. *Intentional misuse*. Any intentional activation of an alarm
system when no burglary, robbery, vandalism, fire or other
emergency is in progress.
2. An alarm will not be considered a false alarm if it is determined
that the alarm was caused by:
1. Natural or manmade catastrophe, or an act of God. Such events
include tornadoes, floods, earthquakes or other similarly
violent conditions;
2. Vandalism, causing physical damage to the premises;
3. Telephone line outage;
4. Attempted entry of a location causing visible, physical or other
evidence of damage to the location;
5. Severe weather causing physical damage to the premises; or
6. The testing of a local/audible alarm system by a licensed alarm
business agent or employee who is present at the premises
servicing, repairing or installing the alarm when such testing
does not result in the alarm being activated for an
uninterrupted period exceeding 60 seconds.
::: phx-docs
HISTORY\
*Adopted by Ord.
[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[Sec 13-504 Notice Of False
Alarms](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-504_Notice_Of_False_Alarms){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. If an excessive number of false alarms occur at any alarm location,
the police or fire departments shall give written notice to the
property owner and to the alarm business responsible for maintaining
and servicing the system to take corrective action within seven days
to prevent future false alarms. If future false alarms persist, the
owner/occupant may be issued a citation for each occurrence pursuant
to section 13-509 and 1-108.
2. An excessive number of false alarms shall be deemed to be:
1. For businesses with less than 25 employees in any single
location: more than three false alarms within any three-month
period;
2. For businesses with 25 or more employees in any single location:
more than six false alarms within any three-month period; or
3. For residences: more than three false alarms within any
three-month period.
3. The provisions of this chapter shall be administered and enforced by
the chief of police and the fire chief. The fire chief or his
designee is authorized to make inspections of fire and other
emergency alarm systems and of the premises wherein the device or
system is located, or as otherwise provided herein.
4. Any inspection of an alarm location or premises shall be the same as
provided in the Code.
::: phx-docs
HISTORY\
*Adopted by Ord.
[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[Sec 13-505 Emergency Call
Records](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-505_Emergency_Call_Records){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Alarm businesses who request police or fire department response to alarm
signals shall maintain a record of all such emergency calls stating the
time, date, location of the alarm and the department called. The records
shall indicate the cause of the alarm and if the alarm is not caused by
fire, burglary, robbery, or other emergency, the records shall state
corrective action taken to prevent the recurrence of the alarm. This
record shall be current and shall be made available for inspection by
the chief of police and fire chief, or their designated representatives,
at any time during normal business hours.
::: phx-docs
HISTORY\
*Adopted by Ord.
[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[Sec 13-506 Operational Defects To Be
Remedied](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-506_Operational_Defects_To_Be_Remedied){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The sensory mechanisms used in connection with any emergency alarm
system shall be adjusted to suppress false alarms due to changes in
water pipes, short flashes of light, wind noises, such as the rattling
or vibrating of doors or windows, vehicular noise adjacent to the
installation, or other forces unrelated to genuine alarms.
::: phx-docs
HISTORY\
*Adopted by Ord.
[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[Sec 13-507 Notification Of
Tests](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-507_Notification_Of_Tests){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Alarm businesses shall notify the police dispatcher at police
communications and shall notify the fire marshal or the fire department
dispatcher prior to any service, test, repair, maintenance, adjustment,
alteration or installation of any alarm system which would directly or
indirectly result in an emergency services response. Any alarm received
after such notification while the system is out of service shall not
constitute a false alarm. Alarm businesses shall notify the police and
fire departments when the system is back in service.
::: phx-docs
HISTORY\
*Adopted by Ord.
[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[Sec 13-508 Fire Inspection Of Alarm
Systems](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-508_Fire_Inspection_Of_Alarm_Systems){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Once a police or fire response has been made to a false alarm at a
location, the fire chief or his designee, may inspect or have inspected
the alarm system, including any monitoring service relating thereto, to
determine if the system is being operated in accordance with state and
city regulations and guidelines.
::: phx-docs
HISTORY\
*Adopted by Ord.
[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[Sec 13-509
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-509_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Unless otherwise provided herein, any person found guilty of violating
any of the provisions of this chapter shall be guilty of an offense and,
upon conviction thereof, shall be punished as provided in section 1-108.
Every day that a violation exists shall constitute a separate violation
and shall be subject to the full penalty contained herein.
::: phx-docs
HISTORY\
*Adopted by Ord.
[928(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610288198_Ordinance%20928(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/2/2019\
*
:::
::: phx-name
[CHAPTER 13-6 HAZARDOUS MATERIAL INCIDENT COST RECOVERY
ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_13-6_HAZARDOUS_MATERIAL_INCIDENT_COST_RECOVERY_ORDINANCE){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 13-601
Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-601_Title){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-602
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-602_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-603 Hazardous Materials Incidents; Liability For
Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-603_Hazardous_Materials_Incidents;_Liability_For_Costs){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 13-604 Methods Of
Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-604_Methods_Of_Enforcement){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 13-601
Title](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-601_Title){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This chapter shall be known as the \"Hazardous Material Incident Cost
Recovery Ordinance.\"
(Code 1999, § 13-601; Ord. No. 330(01), 7-2-2001)
::: phx-name
[Sec 13-602
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-602_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Costs* means and includes, but is not limited to, the following:
1. All costs incurred for response, containment and/or removal and
disposal of hazardous materials or remedial actions, to include
costs associated with transportation and temporary storage of
hazardous materials.
2. All costs incurred for ensuring the safety of the public, to include
costs incurred for actions taken on and off the site of the
hazardous material incident.
3. Damages for injury to, destruction of, or loss of natural resources,
as determined by the appropriate local, state or federal agency,
including the reasonable costs of assessing such injury,
destruction, or loss resulting from a hazardous material incident.
4. Health care costs for persons or animals injured from a hazardous
material incident or costs of any health assessment or health
effects study carried out as a necessity resulting from a hazardous
material incident.
5. Labor, including benefits, overtime and administrative overhead for
government employees.
6. The costs of operating, maintaining, leasing, repairing and
replacing equipment.
7. Contract labor and equipment.
8. Labor and equipment obtained by the city.
9. Materials, including, but not limited to, absorbents, foams,
dispersants, neutralization agents, overpack drums or containers.
10. Supervision of cleanup and abatement.
*Hazardous material incident* means actual or threatened release of
hazardous substances or material, including hazardous waste, which pose
an imminent threat to the environment, and to health, safety or welfare
of the population.
*Hazardous substance* includes any solution, mixture, or formulation
containing hazardous material, or any material which, due to its
chemical or physical characteristics, is determined by the county to
pose a substantial threat to the life, health, or safety of persons or
property or to the environment. The term \"hazardous substance\"
includes, but is not limited to, explosives, radioactive materials,
petroleum products, gases, poisons, biologic agents, flammables and
corrosives.
*Natural resources* means land, fish, wildlife, biota, air, water,
groundwater, drinking water supplies, and other such resources belonging
to, managed by, held in trust by, appertaining to, or otherwise
controlled by the city.
*Person* means an individual, firm, corporation, association,
partnership, commercial entity, consortium, joint venture, governmental
entity, or any other legal entity.
*Recovery* means restoration to pre-event conditions.
*Release* means the accidental or intentional, sudden or gradual
spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping or disposing into the
environmental (including the abandonment or discarding of barrels,
containers and other receptacles containing any hazardous material or
substance or waste or pollutant or contaminant).
*Response* means the provision of emergency and non-emergency assistance
during and following an incident and to reduce the likelihood of
secondary damage.
*Responsible party* means the person whose act or omission caused a
release; or the person who owned or had custody or control of the
hazardous substance or waste at the time of such release without regard
to fault or proximate cause; or the person who owned or had custody or
control of the container which held the hazardous substance at the time
or immediately prior to such release without regard to fault or
proximate cause.
(Code 1999, § 13-602; Ord. No. 330(01), 7-2-2001)
::: phx-name
[Sec 13-603 Hazardous Materials Incidents; Liability For
Costs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-603_Hazardous_Materials_Incidents;_Liability_For_Costs){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any responsible party who causes a hazardous material incident shall
be liable for the payment of all reasonable and necessary costs,
pursuant to the fee schedule of the city, as if fully set out
herein, incurred by the city for response to and remediation of such
an incident.
2. The city will seek all available remedies at law, including, but not
necessarily limited to, this chapter and state and federal statutes,
against any parties responsible for any hazardous materials event.
(Code 1999, § 13-603; Ord. No. 330(01), 7-2-2001)
::: phx-name
[Sec 13-604 Methods Of
Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_13-604_Methods_Of_Enforcement){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Civil action*. The city may enforce these provisions by civil
action in a court of competent jurisdiction for the collection of
any amounts due hereunder plus administrative collection costs,
attorney\'s fees, or for any other relief that may be appropriate. A
certified copy of a judgment in favor of the city may be recorded in
the public records and thereafter shall constitute a lien upon any
real or personal property owned by such persons and such lien shall
be coequal with the lien of all state, district and municipal taxes
superior in dignity to all other liens, titles, and claims until
paid or extinguished.
2. *Other remedies*. This chapter shall not prohibit the city from
pursuing any other remedy, whether civil or criminal, or from
instituting any appropriate action or proceedings, including
injunction in a court of competent jurisdiction; nor shall the
recovery of expenses under this chapter in any way release the
various parties, or limit them, from legal liability incurred as a
result of hazardous material cleanup or abatement as defined under
any local, state or federal rule or regulation.
(Code 1999, § 13-604; Ord. No. 330(01), 7-2-2001)
::: {.phx-name .phx-break}
[PART 14 STREETS AND
SIDEWALKS](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_14_STREETS_AND_SIDEWALKS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[CHAPTER 14-1 GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-1_GENERAL_PROVISIONS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 14-2 CURB AND STREET
CUTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-2_CURB_AND_STREET_CUTS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 14-3 CITY
RIGHTS-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-3_CITY_RIGHTS-OF-WAY){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Municipal roads and streets, 11 O.S. § 36-101
et seq.\
::: phx-name
[CHAPTER 14-1 GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-1_GENERAL_PROVISIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 14-101 Obstructions
Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-101_Obstructions_Generally){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-102 Interfering With Street, Free Flow Of
Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-102_Interfering_With_Street,_Free_Flow_Of_Traffic){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-103 Removal Of Trees And Shrubs Obstructing View Of
Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-103_Removal_Of_Trees_And_Shrubs_Obstructing_View_Of_Traffic){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-104 Display Of Sale Of Goods, Wares And
Merchandise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-104_Display_Of_Sale_Of_Goods,_Wares_And_Merchandise){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-105 No Structures On Or Over Streets And
Sidewalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-105_No_Structures_On_Or_Over_Streets_And_Sidewalks){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-106 Playing
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-106_Playing_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-107 Unlawful To Injure Trees,
Shrubbery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-107_Unlawful_To_Injure_Trees,_Shrubbery){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-108 Street Numbering
System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-108_Street_Numbering_System){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-109 Duties Of Owners And Occupants Of Adjacent Property Relative
To Sidewalk Obstructions,
Hazards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-109_Duties_Of_Owners_And_Occupants_Of_Adjacent_Property_Relative_To_Sidewalk_Obstructions,_Hazards){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-110 Sidewalk
Repairs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-110_Sidewalk_Repairs){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-111 Sidewalk Construction Specifications,
Width](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-111_Sidewalk_Construction_Specifications,_Width){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-112
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-112_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 14-101 Obstructions
Generally](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-101_Obstructions_Generally){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to obstruct in any manner any street,
alley, sidewalk or other public way by leaving or permitting to remain
thereon or therein any vehicle, object, material, structure, fence or
other obstruction of any kind.
(Code 1999, § 14-101)
::: phx-name
[Sec 14-102 Interfering With Street, Free Flow Of
Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-102_Interfering_With_Street,_Free_Flow_Of_Traffic){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful to:
1. Obstruct any public street, public highway, public sidewalk or
any other public place or building by hindering or impeding or
tending to hinder or impede the free and uninterrupted passage
of vehicles, traffic or pedestrians; or
2. Commit in or upon any public street, public highway, public
sidewalk or any other public place or building any act or thing
which is an obstruction or interference to the free and
uninterrupted use of property or with any business lawfully
conducted by anyone in or upon or facing or fronting on any such
public street, public highway, public sidewalk or any other
public place or building, all of which prevents the free and
uninterrupted ingress, egress, and regress, therein, thereon and
thereto.
2. When any person causes or commits any of the conditions enumerated
in subsection (A) of this section, a police officer or any law
enforcement officer shall order that person to stop causing or
committing such conditions and to move on or disburse, or to remove
any obstructions. Any person who fails or refuses to obey such
orders shall be guilty of a violation of this section.
(Prior Code, 20-5; Code 1999, § 14-102)
::: phx-name
[Sec 14-103 Removal Of Trees And Shrubs Obstructing View Of
Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-103_Removal_Of_Trees_And_Shrubs_Obstructing_View_Of_Traffic){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The owner of every lot or parcel of land in the city upon which any
trees, shrubs or plants are growing, or upon which any obstruction
has been placed, shall remove such trees, shrubs, plants or
obstruction, or parts thereof, if they are so situated as to
constitute a traffic hazard by obstructing the view of any driver of
any vehicle on the streets of the city to the extent that the driver
is unable to observe the approach of other vehicles on streets and
alleys and at intersections.
2. The owner of any premises abutting on any street shall trim all
trees and shrubbery growing in the parking, between the sidewalks
and the roadway, of any such street, and all trees and shrubbery
growing on any part of the premises adjacent to the sidewalks or any
street or alley in such manner that the boughs or limbs thereof
shall not obstruct free and convenient passage, sight and travel
along the streets, sidewalks and alleys. If premises are occupied by
some person other than the owner, such occupant shall trim the trees
and shrubbery in the same manner as hereinbefore required of the
owner. Such trees and shrubbery shall be trimmed so that the lowest
branches or foliage shall not be lower than ten feet above the
roadway of a street or alley, nor lower than eight feet above the
sidewalk.
3. Any owner or occupant who fails, refuses or neglects to trim trees
and shrubbery as provided in this section, after receiving five
days\' notice from the city manager or his designee to do so, is
guilty of an offense against the city. In addition to any fine or
punishment as an offense, the city may act to abate the nuisance.
Every day that the owner or occupant fails, refuses or neglects to
trim such trees or shrubbery after the expiration of the five days\'
notice shall be a separate offense.
(Prior Code, § 20-3; Code 1999, § 14-103)
::: phx-name
[Sec 14-104 Display Of Sale Of Goods, Wares And
Merchandise](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-104_Display_Of_Sale_Of_Goods,_Wares_And_Merchandise){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Except as otherwise provided in this Code, it is unlawful for any
person to display any goods, wares or merchandise for sale, or to
sell the same, on any street, alley or sidewalk, or from any vehicle
parked thereon, in the corporate limits of the city. Each separate
sale or offer to sell in violation hereof shall constitute a
separate offense.
2. Any vehicle parked on the streets, alleys or sidewalks for the
purpose of making merchandise available for sale by the methods
prohibited by this section shall be promptly moved by the driver
upon order of the police of the city, and if not promptly moved, the
same shall be towed from such location upon order of the police
department, and the driver or custodian of the vehicle shall also be
deemed guilty of an offense.
3. In each instance where an individual is guilty of an offense under
the provisions of this section, the person for whom such individual
is acting in the capacity of an agent or employee shall be guilty of
a separate offense.
(Code 1999, § 14-104)
::: phx-name
[Sec 14-105 No Structures On Or Over Streets And
Sidewalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-105_No_Structures_On_Or_Over_Streets_And_Sidewalks){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful for any person to erect or construct, or cause to be
erected or constructed, any cellar or basement way, stairway, door,
awning post, canopy or any other kind of structure projecting into,
upon or over, and adjoining any street or sidewalk within the city,
except that the city engineer may, in his discretion, authorize the
same to be done, where the public health, safety and necessity
demand, by granting a permit therefor.
2. Upon the granting of a permit under this section, conditions as to
the erection of the structure through, upon or over any street or
sidewalk may be fixed by the city engineer, and a contract shall be
entered into as to the maintenance of the structure and as
indemnifying agreement secured, indemnifying and saving the city
harmless from any loss, costs or damage by reason of the structure
projecting into, upon or over, and adjoining any street or sidewalk
within the fire limits of the city.
(Prior Code, § 20-2; Code 1999, § 14-105)
::: phx-name
[Sec 14-106 Playing
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-106_Playing_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to engage in any sport, game, amusement or
to play in, on or across the main-travelled portion of any sidewalk,
street, avenue or alley of the city except as may be authorized by
ordinance.
(Prior Code, § 20-4; Code 1999, § 14-106)
::: phx-name
[Sec 14-107 Unlawful To Injure Trees,
Shrubbery](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-107_Unlawful_To_Injure_Trees,_Shrubbery){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to injure any tree or shrubbery on a
street or alley in the city. This section shall not prohibit the lawful
and proper care and removal of such trees and shrubbery.
(Code 1999, § 14-107)
::: phx-name
[Sec 14-108 Street Numbering
System](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-108_Street_Numbering_System){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All streets in the city shall be named and known as provided in this
section. The principal streets of the city shall be: Main Street,
being the street bearing that name at this time and running east and
west through the city, and Broadway, the street now bearing that
name and running north and south through the city.
2. The city shall be divided into four quarters as created by Main
Street and Broadway, and all streets and avenues in the northeast
quarter as thus divided shall be addressed with \"Northeast\"
prefixed to the name; all streets and avenues in the southeast
quarter shall be addressed with \"Southeast\" prefixed to the name;
all streets and avenues in the southwest quarter shall be addressed
with \"Southwest\" prefixed to the name; and all streets and avenues
in the northwest quarter shall be addressed with \"Northwest\"
prefixed to the name.
(Prior Code, §§ 20-91, 20-92; Code 1999, § 14-108)
::: phx-name
[Sec 14-109 Duties Of Owners And Occupants Of Adjacent Property Relative
To Sidewalk Obstructions,
Hazards](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-109_Duties_Of_Owners_And_Occupants_Of_Adjacent_Property_Relative_To_Sidewalk_Obstructions,_Hazards){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful for any person to allow any obstruction of any kind
to accumulate in the sidewalk in front of his premises. All owners
and occupants of property are required to keep their premises and
the sidewalks, gutters, streets and alleys adjacent thereto free
from weeds, trash and all obstructions and to remove such weeds,
trash and obstructions from such places.
2. It is unlawful to deposit, throw or sweep into or upon a street,
alley, parking or sidewalk of the city any trash, weeds, tree
trimmings, dirt or any other refuse of any kind.
(Code 1999, § 14-109; Ord. No. 110(95), 1-17-1995)
::: phx-name
[Sec 14-110 Sidewalk
Repairs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-110_Sidewalk_Repairs){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Repairs in all sidewalks shall be of the same material as the original
walk or as may be required otherwise by the city. Sidewalk repairs shall
be approved by the city.
(Prior Code, § 20-58; Code 1999, § 14-110)
::: phx-name
[Sec 14-111 Sidewalk Construction Specifications,
Width](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-111_Sidewalk_Construction_Specifications,_Width){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. This section governs the construction of concrete sidewalks. In
excavating for concrete sidewalks, the ground shall be brought to a
subgrade of not less than four inches below the finished grade of
the walks. The subgrade shall be thoroughly tamped if necessary to
furnish a solid foundation.
2. The provisions of the \"Standard Specifications for Highway
Construction, Oklahoma Department of Transportation, 1988 Edition\"
(hereinafter referred to as Standard Specifications) as referenced
in this section are hereby adopted and incorporated herein by
reference.
3. Materials for the construction of concrete sidewalks shall meet the
requirements specified in the following subsection of section
700---Materials of the Standard Specifications: Portland Cement
Concrete, Class A, Subsection 701.01.
4. All forming, placing and finishing shall be in accordance with
subsection 414.04 of the Standard Specifications. A sawed joint
shall be made to connect the old and new pavements.
1. Contraction joints shall be of the dimensions specified. The
sidewalk shall be divided into sections by dummy joints formed
by a jointing tool or other acceptable means as approved by the
city engineer. These dummy joints shall extend into the concrete
for at least one-third of the depth and shall be approximately
one-eighth inch wide;
2. Expansion joints shall be formed around all appurtenances such
as manholes, utility poles, etc., extending into and through the
sidewalk, driveway or dividing strip. Premoulded expansion joint
filler one-half inch thick shall be installed in these joints.
Expansion joint filler of the thickness indicated shall be
installed between the concrete and any fixed structure such as a
building or bridge. This expansion joint material shall extend
for the full depth of the concrete;
3. Concrete shall be cured for at least 72 hours. Curing shall be
by means of moist burlap or mats or by other approved methods.
During the curing period all traffic, both pedestrian and
vehicular, shall be excluded. Vehicular traffic shall be
excluded for such additional time as the city engineer shall
direct;
4. The general practice of crowning the walks in the residence
districts is hereby prohibited. All walks shall be constructed
with a flat surface pitching toward the curbline at the rate of
one-fourth inch per foot;
5. All sidewalks shall be four feet in width in residential areas
or sections and eight feet in width in commercial/industrial
areas. The outside line of four-foot walks shall be six feet
from the front property line and the outside line of eight-foot
walks shall be eight feet from the front property line;
6. The sides of sidewalks and driveways shall be backfilled as soon
as the forms have been removed and the required pointing up of
honeycombed areas completed. The backfill shall be of approved
earth, thoroughly compacted in layers not exceeding six inches
in depth as shown on the plans or in a manner approved by the
city engineer. Care shall be taken not to damage the concrete or
bituminous material in placing or compacting the backfill. Where
the general elevation of the adjacent ground surface is lower
than the top of the sidewalk or driveway, the minimum width of
the backfill shall be two feet;
7. Sidewalks shall be protected from traffic using substantial
barricades for a period of seven days for concrete unless
otherwise permitted or ordered by the city engineer.
5. No brick sidewalks shall be built within the city without prior
approval of the city.
(Prior Code, §§ 20-56, 20-57, 20-59, 20-60; Code 1999, § 14-111)
::: phx-name
[Sec 14-112
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-112_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person who violates any provision of this chapter is guilty of an
offense, and, upon conviction thereof, shall be punished as provided in
section 1-108. Each day upon which a violation continues shall
constitute a separate offense.
(Code 1999, § 14-112)
::: phx-name
[CHAPTER 14-2 CURB AND STREET
CUTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-2_CURB_AND_STREET_CUTS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 14-2A
STREETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2A_STREETS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 14-2B CURB
CUTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2B_CURB_CUTS){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 14-2A
STREETS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2A_STREETS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 14-201 Unlawful To Cut Without
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-201_Unlawful_To_Cut_Without_Permit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-202
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-202_Permit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-203 Fee,
Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-203_Fee,_Bond){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-204 Notification Of Completion Of
Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-204_Notification_Of_Completion_Of_Work){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-205 No
Delays](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-205_No_Delays){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 14-201 Unlawful To Cut Without
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-201_Unlawful_To_Cut_Without_Permit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to cut the pavement or curb in or on any
of the streets, sidewalks, avenues or alleys in the city for the purpose
of laying pipe or other connections for utilities, or to cut or
otherwise injure the pavement or curb on any of the streets, avenues or
alleys for any purpose whatsoever without a permit therefor as provided
by this chapter.
(Prior Code, § 20-31; Code 1999, § 14-201)
::: phx-name
[Sec 14-202
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-202_Permit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person who desires to lay pipes or lines for the purpose of making
and preparing any connections to utilities which will require the
cutting of the pavement to make such connections shall first procure
from the city engineer a written permit to cut such pavement or curb and
make such installations for the proposed purpose or otherwise. No person
shall have any right or authority to construct or install any pipes or
lines or otherwise cut the pavement or curbs without first having
secured such permit.
(Prior Code, § 20-31; Code 1999, § 14-202)
::: phx-name
[Sec 14-203 Fee,
Bond](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-203_Fee,_Bond){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person desiring to cut the pavement or other hard surface on any
street or sidewalk in the city shall pay a fee for the permit and
deposit a bond in such sum as is set by the city. The fee shall be in
such amount as set by the city council by motion or resolution.
(Prior Code, § 20-31; Code 1999, § 14-203)
::: phx-name
[Sec 14-204 Notification Of Completion Of
Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-204_Notification_Of_Completion_Of_Work){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All permittees shall, when they have completed the work for which such
cut has been made, notify the city of the completion of such work in
order that the same may be repaired.
(Code 1999, § 14-204)
::: phx-name
[Sec 14-205 No
Delays](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-205_No_Delays){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any permittee cutting pavement by virtue of a permit as authorized
herein shall perform the excavation or other work without delay or
interruption.
(Code 1999, § 14-205)
::: phx-name
[ARTICLE 14-2B CURB
CUTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-2B_CURB_CUTS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 14-211
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-211_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-212
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-212_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-213
Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-213_Inspection){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-214
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-214_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 14-211
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-211_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful for any person to cut, break, tear out or remove the
curbing or any part thereof along the street in the city for any
purpose except upon the following conditions: Any person who desires
to cut any curbing in the city shall first obtain a permit from the
city before doing so. Application for such permit shall be in
writing addressed to the city engineer and shall state the time and
place that the applicant desires to break the curbing. The
application shall contain such other information as is required by
the city engineer.
2. The city engineer may, in his discretion, refuse to approve any
permit to cut any curbing along the streets of the city when in his
opinion the cutting of the curbing shall constitute a traffic
hazard, or interfere in any way with the safety of the public in the
use of the street or adjacent sidewalk, or in any way deteriorate or
damage the street or interfere with the use thereof by the public.
Only such portions of any curbing may be cut or removed as in the
opinion of the city engineer may be consistent with and not
detrimental to the general public welfare.
(Code 1999, § 14-211)
::: phx-name
[Sec 14-212
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-212_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A fee as set by the city council by motion or resolution shall be paid
to the city prior to obtaining the permit required in this article.
(Code 1999, § 14-212)
::: phx-name
[Sec 14-213
Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-213_Inspection){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The removing of such curbing, the construction of the driveway and all
other parts of the work in connection therewith shall be subject to the
inspection and approval of the city engineer.
(Code 1999, § 14-213)
::: phx-name
[Sec 14-214
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-214_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person who violates any provision of this article shall be guilty of
a misdemeanor and, upon conviction, shall be punished as provided in
section 1-108.
(Code 1999, § 14-214)
::: phx-name
[CHAPTER 14-3 CITY
RIGHTS-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_14-3_CITY_RIGHTS-OF-WAY){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 14-3A CONSTRUCTION WITHIN CITY-OWNED
RIGHTS-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3A_CONSTRUCTION_WITHIN_CITY-OWNED_RIGHTS-OF-WAY){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 14-3B DESIGN AND CONSTRUCTION OF WIRELESS
FACILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3B_DESIGN_AND_CONSTRUCTION_OF_WIRELESS_FACILITIES){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 14-3A CONSTRUCTION WITHIN CITY-OWNED
RIGHTS-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3A_CONSTRUCTION_WITHIN_CITY-OWNED_RIGHTS-OF-WAY){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 14-301
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-301_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-302 Registration
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-302_Registration_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-303 Registration;
Fine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-303_Registration;_Fine){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-304
Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-304_Powers){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-305 Obtaining A Rights-Of-Way Contractor/Subcontractor
Registration; Refusal Of
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-305_Obtaining_A_Rights-Of-Way_Contractor/Subcontractor_Registration;_Refusal_Of_Registration){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-306 Criminal History Records Search Or Background
Check](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-306_Criminal_History_Records_Search_Or_Background_Check){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-307 Contractor/Subcontractor Registration Certificate, Business
Limitations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-307_Contractor/Subcontractor_Registration_Certificate,_Business_Limitations){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-308 Registration
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-308_Registration_Fee){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-309 Applicability Of Contractor/Subcontractor
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-309_Applicability_Of_Contractor/Subcontractor_Registration){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-310 Issuance Or Denial Of
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-310_Issuance_Or_Denial_Of_Registration){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-311 Change In Contractor\'s Name, Address, Legal Service Agent,
Or Cease Of Business;
Notification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-311_Change_In_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business;_Notification){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-312 Certificate Of
Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-312_Certificate_Of_Renewal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-313 Permits
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-313_Permits_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-314 Applications For Work In
Right-Of-Way](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-314_Applications_For_Work_In_Right-Of-Way){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-315 Emergency
Conditions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-315_Emergency_Conditions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-316 Errors Within City
Plans](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-316_Errors_Within_City_Plans){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-317 Validity Of
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-317_Validity_Of_Permit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-318 Expiration Of
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-318_Expiration_Of_Permits){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-319
Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-319_Inspection){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-320 Reimbursement; Cost Of
Completion](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-320_Reimbursement;_Cost_Of_Completion){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-321 Reimbursement; Cost Of
Repair](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-321_Reimbursement;_Cost_Of_Repair){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-322
Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-322_Exemption){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-323
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-323_Revocation){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-324 Violation And
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-324_Violation_And_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 14-301
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-301_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*City utilities* means any and all facilities conveying water, sanitary
sewage, storm waters, or vehicular and pedestrian traffic or any other
utilities that are owned by the city, or any other federal agency.
*Facilities* means sidewalks, roadways, sod, streetscapes, lines,
conduits, ducts, poles, wires, cables, receivers, pipes, culverts,
mains, cross arms, and other devices used, operated, or maintained for
movement of liquids, gasses, people, or information.
*Private utilities* means any and all electric, heating gas, telephone
and television signal, internet, or wireless carrier facilities or any
other utilities not owned by the city, or any other federal agency.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
Amended by Ord.
[881(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/4/2018\
*
:::
::: phx-name
[Sec 14-302 Registration
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-302_Registration_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any contractor or subcontractor whose activities are within or upon any
city-owned rights-of-way or easement is hereby required to register with
the city before engaging in such activities.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-303 Registration;
Fine](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-303_Registration;_Fine){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A person may not engage in the business nor act in the capacity of a
contractor or subcontractor within the city nor may that person
bring or maintain any claim, action, suit, or proceeding in any
court of the state related to the person\'s business or capacity as
a contractor or subcontractor without a valid registration as
provided in this chapter.
2. A person who fails to obtain a valid registration prior to acting as
a contractor or subcontractor as defined in this chapter, a person
who acts as a contractor or subcontractor while his registration is
suspended or revoked, or a person who violates any provision of this
section shall be guilty of a violation, upon conviction, punishable
by a fine not to exceed \$500.00.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-304
Powers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-304_Powers){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city is authorized to employ personnel and procure such supplies and
equipment as may be necessary to carry out and implement the provisions
of this chapter, subject to budgetary limitations and funding. The city
may promulgate forms to implement the provisions of this chapter. The
city may administer any provision of this chapter through use of the
Internet or other technology as deemed necessary or appropriate.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-305 Obtaining A Rights-Of-Way Contractor/Subcontractor
Registration; Refusal Of
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-305_Obtaining_A_Rights-Of-Way_Contractor/Subcontractor_Registration;_Refusal_Of_Registration){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. To obtain a contractor registration under this chapter, an applicant
who is 18 years of age or older shall submit, on forms the city
prescribes, an application for registration. A copy of the
contractor\'s certificate of liability insurance shall be filed with
the application and shall be not less than \$500,000.00. Any
insurance company issuing a liability policy to a contractor
pursuant to the provisions of this chapter shall be required to
notify the city in the event such liability policy is cancelled for
any reason or lapses for nonpayment of premiums. In addition, the
contractor shall submit proof that the contractor has secured
workers\' compensation coverage satisfactory under the Workers\'
Compensation Act, or an affidavit of exemption or self-insurance as
authorized pursuant to the Workers\' Compensation Act. If the city
deems it appropriate or necessary, the city may also require other
information to be included on the application form to assist the
city in registering the person as a contractor. The application
shall contain statements that the applicant desires the issuance of
a contractor registration certificate; that the applicant will
comply with the provisions of this chapter; that the applicant will
comply with state laws and local ordinances relating to standards
and permits; that the applicant has or has not been registered or
licensed as a contractor in another state and whether any
disciplinary action was taken against such registration or license
or whether it is still in good standing; and that the nonresident
applicant appoints the secretary of state as legal service agent for
all lawful process to be served upon the applicant for work
performed in the state or as otherwise provided in this chapter.
2. The city shall refuse to register any person if the city determines:
1. The application contains false, misleading, or incomplete
information;
2. The applicant fails or refuses to provide any information
requested by the city;
3. The applicant fails or refuses to pay the required fees;
4. The applicant is ineligible for registration due to a suspended
or revoked registration in the state;
5. The nonresident applicant has a revoked or suspended
registration or license required by law for contractors in
another state; or
6. The applicant has failed or refuses to submit any taxes due in
the state.
3. The city shall notify the applicant in writing if the city denies a
registration or renewal certificate, and shall provide the applicant
an opportunity to respond to or cure any defect in the written
application or renewal for a period of ten days from the date of the
written notification. An applicant aggrieved by a decision of the
city denying a registration or renewal may appeal the decision to
the city manager as provided in the Administrative Procedures Act,
or the applicant may reapply after a 90-day waiting period, if
otherwise eligible in the provisions of this chapter. The
application and renewal fees shall not be refundable.
4. The city shall classify as not in good standing the registration of
any contractor who fails to:
1. Maintain liability insurance coverage;
2. Maintain workers\' compensation coverage satisfactory under the
Workers\' Compensation Act, or provide an affidavit of exemption
or self-insurance as authorized pursuant to the Workers\'
Compensation Act;
3. File, renew, or properly amend any fictitious name certificate;
4. Maintain an active status of a corporation or registration as a
foreign corporation, a limited liability company or registration
as a foreign limited liability company, a limited liability
partnership registration or foreign limited liability
partnership registration, or a limited partnership certificate
or limited partnership or foreign limited partnership
certificate of authority, with the office of the secretary of
state;
5. File or renew a trade name registration;
6. Maintain or renew a contractor registration as provided in this
chapter;
7. Notify the city of a change in name, address, legal business
entity, or legal service agent;
8. Maintain a registration as required by law in another state
while registered in the state as a nonresident contractor; or
9. File and pay all taxes when due in the state.
5. The city shall send a written notice to the person when his
registration is not in good standing. Any contractor who has been
notified by the city that his registration is not in good standing
shall cease soliciting or entering new services and projects as of
the date of such notification; however, the contractor shall be
allowed to complete projects where actual physical work has begun
prior to the date of issuance of the notice that his registration is
not in good standing. If the contractor fails to correct the
deficiency specified in the notice by evidence satisfactory to the
registrar within 30 days of the date of the notice, or if the
contractor solicits or enters into new services contracts or
projects while the contractor\'s registration is not in good
standing, or while such registration is suspended or revoked, the
contractor shall be in violation of the provisions of this chapter.
Any registration that remains not in good standing for a 60-day
period shall be suspended on the 60th day from the date of issuance
of the notice to the contractor that his registration is not in good
standing. Any registration that remains not in good standing, and is
suspended for such cause, shall be revoked on the 90th day from the
date of issuance of the notice to the contractor that his
registration is not in good standing. The city shall notify the
contractor upon suspension or revocation of his registration for
failure to comply in bringing such registration into good standing
as required by law. The contractor may reinstate his registration to
good standing by paying the required fees provided in section 14-308
and complying with all other requirements for issuance of a
registration in good standing. Any person aggrieved by the decision
of the city to suspend or revoke a registration pursuant to this
section may appeal such decision to the city manager\'s office.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-306 Criminal History Records Search Or Background
Check](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-306_Criminal_History_Records_Search_Or_Background_Check){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. When deemed appropriate, the city may conduct a criminal history
records search or background check on any applicant or registered
contractor and may investigate the information submitted on a
contractor application or renewal form, provided no adverse action
may be taken against the person until the person has been notified
and given an opportunity to respond in writing.
2. The city, its agents, employees and assigns shall not be liable and
are granted immunity for the acts or omissions of any registered
contractor or its employees, or for any person\'s failure or
omission to properly disclose any information on an application or
renewal form, including, but not limited to, pending criminal
charges, arrests or prior criminal history records, disclosure of
his contractor registration status, or his qualifications to perform
or act as a contractor.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-307 Contractor/Subcontractor Registration Certificate, Business
Limitations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-307_Contractor/Subcontractor_Registration_Certificate,_Business_Limitations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The holder of a contractor registration certificate governed by this
chapter is entitled to engage in the business within the city\'s
rights-of-way or easements pursuant to the provisions of this chapter,
and subject to the following limitations:
1. A contractor\'s registration certificate number shall be valid and
in good standing at the time of soliciting a project and during
subsequent job performance;
2. A contractor\'s registration certificate number shall be submitted
when applying for any permit issued by the state, or any of its
political subdivisions, for projects within the rights-of-way or
easement services or projects, if a permit is required by such
authority, and shall be written upon each permit issued;
3. A contractor\'s registration certificate cannot be shared or used by
any other individual or business entity; provided, however, a
business firm, partnership, association, corporation, limited
liability company, or other group or combination thereof acting as a
unit may be granted a single registration certificate number for use
by designated contractors acting as agents for the business entity
when the application for registration contained sufficient
information on each member, partner, officer and agent;
4. Upon any change to the name, address, business entity, or legal
service agent of a contractor, the city shall be notified in
writing;
5. A contractor shall comply with state laws and local ordinances
relating to standards and permits for right-of-way or easement
services and projects; and
6. A contractor must pay taxes due in the state.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-308 Registration
Fee](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-308_Registration_Fee){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. At the time of making application for a contractor registration
certificate pursuant to this chapter, the applicant shall pay to the
city a fee to be set by the city in the city schedule of fees.
2. All monies collected by the city for a contractor registration
application, renewal and other fee assessment shall be deposited by
the city into the general fund.
3. The fee to be submitted with an application for a contractor
registration may be prorated as set by the city. Unless prorated at
the time of initial registration, fees shall be paid in the amount
stated in subsection (A) of this section and such registration
certificates shall expire June 30 each year.
4. A renewal fee for a contractor registration shall be set by the city
in the city schedule of fees.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-309 Applicability Of Contractor/Subcontractor
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-309_Applicability_Of_Contractor/Subcontractor_Registration){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This does not apply to any work performed for the city under municipal
contract.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-310 Issuance Or Denial Of
Registration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-310_Issuance_Or_Denial_Of_Registration){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Within 25 calendar days from the date of application, the city shall
either issue or deny the contractor registration. No registration shall
be issued to an applicant until the city receives all documentation and
fees necessary to obtain a registration certificate in good standing.
The registration certificate issued on an original application entitles
the person to act as a contractor within the city\'s rights-of-way or
easements subject to the limitations of this chapter, until the
expiration of the then current fiscal year ending June 30, except that
an initial registration issued in May or June is valid until June 30 of
the subsequent year. On the effective date of the ordinance from which
this chapter is derived, a prorated registration certificate issued
between January 1, 2011, and April 30, 2011, shall be valid until June
30, 2011.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-311 Change In Contractor\'s Name, Address, Legal Service Agent,
Or Cease Of Business;
Notification](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-311_Change_In_Contractor's_Name,_Address,_Legal_Service_Agent,_Or_Cease_Of_Business;_Notification){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No later than ten days after the date of a change in a contractor\'s
name, address, or legal service agent, or upon a registered contractor
ceasing business as a contractor, the person shall notify the city of
the change on a form provided by the city. A name, address, or legal
service agent change shall be accompanied by a fee to be set by
resolution. A person may not change his name under an active
registration certificate if the change is associated with a change in
the legal status of the business entity other than a change in marital
status. Doing business under a new business name or change in legal
status of a business requires issuance of a new registration
certificate. When a registered contractor ceases to be active as a
contractor, the city shall suspend the registration certificate of such
contractor.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-312 Certificate Of
Renewal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-312_Certificate_Of_Renewal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any contractor registration certificate issued under this chapter
may be renewed for each successive fiscal year by obtaining from the
city a certificate of renewal. To obtain a certificate of renewal,
the person shall file with the city a renewal application by June 30
and pay the renewal fee. The application for renewal shall require
statements under oath that the applicant has properly submitted
income and employment taxes due in the state and whether or not the
applicant has been convicted of any felony offense, and the nature
of such offense, since issuance of the prior registration. The
applicant shall include with the renewal application a copy of
certificate of liability insurance, unless the registrar has a
current valid certificate of liability insurance on file, and proof
of workers\' compensation coverage, unless exempt under the
Administrative Workers\' Compensation Act (85A O.S. § 1 et seq.).
The renewal application need not be notarized.
2. The city shall refuse to renew a contractor\'s registration
certificate for any reason stated in section 14-305. The city shall
notify the applicant in writing if the city denies the renewal as
provided in section 14-310.
3. If any contractor fails to file a renewal application by the June 30
deadline, that contractor\'s registration shall be not in good
standing. A contractor has a 30-day grace period after June 30 to
renew the registration certificate without a late fee. The late fee
shall be set by the city in the city schedule of fees. A contractor
registration certificate not renewed by August 30 shall be suspended
for failure to renew, and on January 1, if a contractor\'s
registration certificate still has not been renewed, it shall be
revoked for failure to renew.
4. 1. A contractor desiring to renew a registration certificate that
has been suspended for any cause provided in this chapter shall
be assessed a fee equal to twice the amount of the fee
established as a renewal amount.
2. The city shall assess a reinstatement fee to be set by the city
in the city schedule of fees plus the fee established by section
14-308 for any registration that has been revoked for any cause
provided in this chapter.
3. A contractor submitting an application for registration after
suspension or revocation of that contractor\'s registration
certificate must be otherwise eligible for registration under
this chapter.
5. The city shall include a registration status notation in a
contractor\'s record if the status of registration changes from an
active and valid registration to not in good standing, denied,
suspended or revoked.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-313 Permits
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-313_Permits_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A permit is required for the construction, alteration, modification, or
repair of any or all private utilities where city facilities may be
disturbed on or under the city\'s rights-of-way. The work shall not be
made in any place other than the location specified on the permit, and
no work shall begin until the application has been approved and a permit
has been issued.
**Cross reference**--- Building permits, § 5-111; Plumbing, electrical,
mechanical and other permits, § 5-113; Unlawful to cut without permit, §
14-201; Wireless facility permitting, § 14-403.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
Amended by Ord.
[881(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/4/2018\
*
:::
::: phx-name
[Sec 14-314 Applications For Work In
Right-Of-Way](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-314_Applications_For_Work_In_Right-Of-Way){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Where work is to be done in a right-of-way, and there is no applicable
permit type available elsewhere in this code, or upon the requirement of
the community development director or their designee, a right-of-way
permit application shall be made. There shall be three tiers of
right-of-way permit applications, tier 1, tier 2, and tier 3. The
applicant shall submit to the city a complete right-of-way permit
application for the appropriate tier in the form provided by the city.
Each tier shall have its own requirements as follows:
1. A tier 1 right-of-way permit shall be required for all utility
projects where the proposed utility is intended to serve one
commercial or residential building or structure for private service.
The community development director, or their designee, shall have
final authority of the classification of the project. The
requirements for application for tier 1 right-of-way permits shall
be as follows:
1. Applications for such permits shall be filed with the city a
minimum of five days prior to date anticipated commencement of
construction. Applications shall include all of the following:
1. Complete tier 1 right-of-way permit application form.
2. A description of the private utility services that the
applicant will or does offer.
3. A description of private utilities and/or facilities the
applicant will or proposes to place in, on or over the
rights-of-way.
4. A description of public utilities and facilities that the
applicant proposes to remove and replace, cross-over, tie
into, or encounter in any matter in the rights-of-way.
5. Two sets of plans, on 11 inch by 17 inch paper,
specifications, and a network map of the facilities to be
located within the city rights-of-way, if applicable.
6. The schedule and date of beginning shall be approved by the
director of community development or their designee.
7. Additional extensions, repairs, or modifications to
permitted facilities during the life of the rights-of-way
permit shall be subject to separate review, approval, and
collection of fees prior to amending the permit for such
addition work.
8. If the location of the proposed private utility lies within
state or federal right-of-way, the provider must provide
evidence of a permit from the state or federal government.
2. A tier 2 right-of-way permit shall be required for all emergency and
non-emergency utility repair projects where the proposed utility
repair covers less than 100 linear feet of utility pipe or cable.
Utility repair projects covering more than 100 linear feet or pipe
or cable must obtain a tier 3 right-of-way permit unless otherwise
specified by the community development director or their designee,
who shall have final authority of the classification of the project.
The requirements for application for tier 2 right-of-way permits
shall be as follows:
1. Applications for such permits shall be filed with the city a
minimum of five days prior to date of anticipated commencement
of construction for non-emergency repairs and shall be made on
the next succeeding business day for emergency repairs whether
or not the emergency work has been completed for emergency
repairs. Applications shall include all of the following:
1. Complete tier 2 right-of-way permit application form.
2. A description of the private utility services that the
applicant will or does offer.
3. A description of private utilities and/or facilities the
applicant will or proposes to place in, on or over the
rights-of-way.
4. A description of public utilities and facilities that the
applicant proposes to remove and replace, cross-over, tie
into, or encounter in any matter in the rights-of-way.
5. Two sets of plans, on 11 inch by 17 inch paper,
specifications, and a network map of the facilities to be
located within the city rights-of-way, if applicable.
6. The schedule and date of beginning shall be approved by the
director of community development or their designee.
7. Additional extensions, repairs, or modifications to
permitted facilities during the life of the rights-of-way
permit shall be subject to separate review, approval, and
collection of fees prior to amending the permit for such
addition work.
8. The linear length of the proposed utility repair pipe or
cable.
9. When disturbing lanes of traffic and as required by the city
based on the proposed scope of work, provider shall submit a
traffic control plan, storm water pollution prevention plan,
and/or trench safety plan;
3. A tier 3 right-of-way permit shall be required for all utility
projects where the proposed utility is intended to serve more than
one commercial or residential building or structure for private or
public service, including wireless facilities regulated by article B
of this chapter. The community development director, or their
designee, shall have final authority of the classification of the
project. The requirements for application for tier 3 right-of-way
permits shall be as follows:
1. The applicant and/or utility company shall coordinate with the
city the location and design of the proposed utility to ensure
that the proposed utility does not interfere with existing
utilities and with any city infrastructure and shall meet
required separation distances to city infrastructure as required
by this code and applicable state law. The city shall make
available information regarding the known location of all city
utilities upon request.
2. Applications for such permits shall be filed with the city prior
to date anticipated for the commencement of construction and
shall include all of the following:
1. Complete tier 3 right-of-way permit application form.
2. A description of the private utility services that the
applicant will or does offer.
3. A description of private utilities and/or facilities the
applicant will or proposes to place in, on or over the
rights-of-way.
4. A description of public utilities and facilities that the
applicant proposes to remove and replace, cross-over, tie
into, or encounter in any matter in the rights-of-way.
5. Three sets of plans, on 11 inch x 17 inch paper,
specifications, and a network map of the facilities to be
located within the city rights-of-way and for the entire
project. These plans shall include a site plan indicating
the location of the proposed utility as well as all city
infrastructure.
6. The schedule and date of beginning shall be approved by the
director of community development or their designee.
7. Additional extensions, repairs, or modifications to
permitted facilities during the life of the rights-of-way
permit shall be subject to separate review, approval, and
collection of fees prior to amending the permit for such
addition work.
8. Provider shall submit a traffic control plan, storm water
pollution prevention plan, and/or trench safety plan, if
applicable, and as required by the city.
9. The names and telephone numbers of at least two persons
serving as emergency contacts for the applicant who can be
reached by telephone 24 hours a day, seven days a week, in
the event of an emergency;
10. If the location of the proposed wireless facility lies
within state or federal right-of-way, the provider must
provide evidence of a permit from the state or federal
government.
3. If the city deems necessary, the provider shall provide a hold
harmless agreement with the city for the proposed utility.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
Amended by Ord.
[881(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/4/2018\
*
:::
::: phx-name
[Sec 14-315 Emergency
Conditions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-315_Emergency_Conditions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In the event of an emergency occurring during non-office hours, and
starting of a project is necessary for the protection of public or
private property, said person must contact the police and fire
department; an application for a permit as provided in this chapter
shall be made on the next succeeding business day whether or not the
emergency work has been completed.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-316 Errors Within City
Plans](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-316_Errors_Within_City_Plans){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Neither the city nor any employee or agent thereof shall be held
responsible for the accuracy or any error appearing in any map.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-317 Validity Of
Permit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-317_Validity_Of_Permit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The issuance of a permit based upon approved plans, specifications, and
other data shall not prevent the director of community development or
his designee from thereafter requiring the correction of errors in said
plans, specifications, and other data or from preventing construction
being carried on thereunder when in violation of this chapter or any
other ordinance or standard of the city.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-318 Expiration Of
Permits](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-318_Expiration_Of_Permits){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every permit issued by the director of community development or his
designee, under the provisions of this chapter shall expire by
limitation and become null and void if the construction authorized
by such a permit is not commenced within 180 days from the date of
such permit, or if the construction authorized by such permit is
suspended at any time after the work is commenced for a period of
180 days. Before such construction can be recommenced, a new permit
shall be first obtained to do so, and the fee therefor shall be
one-half the amount required for a new permit for such work,
provided no changes have been made or will be made in the original
plans and specifications for such work, and provided that such
suspension or abandonment has not exceeded one year. In order to
renew action on a permit after expiration, the permit fee shall be a
new full permit fee.
2. Any permittee holding an unexpired permit may apply for an extension
of the time within which he may commence work under that permit when
he is unable to commence work within the time required by this
section for good and satisfactory reasons. The director of community
development or his designee may extend the time for action by the
permittee for a period not exceeding 180 days upon written request
by the permittee showing that circumstances beyond the control of
the permittee have prevented action from being taken. No permit
shall be extended more than once.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-319
Inspection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-319_Inspection){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Upon the date of completion, or when notified by the applicant of the
project\'s completion if earlier than the stated date of completion, the
director of community development, or their designee, shall make an
inspection to determine if city facilities or properties have been
restored without damage. If the community development director or their
designee determines that the project has not been satisfactorily
completed, then the applicant will be given written instructions
describing the work which needs completion. Additionally, depending on
the nature and scope of the work performed under the permit, the
director or their designee may require that a set of engineer certified
\"as-built\" plans be submitted when work is accepted by the city.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-320 Reimbursement; Cost Of
Completion](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-320_Reimbursement;_Cost_Of_Completion){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If the applicant has still not completed the work identified pursuant to
this chapter, by the agreed upon date, or within such other period that
may be prescribed by the director of community development or his
designee, the city will give notice to the applicant to complete the
project within 30 days. If the applicant fails to meet such deadline,
the city, at its sole option, may elect to complete or contract to
complete the project to city standards and/or restore city utilities and
facilities, and bill the applicant for time and material costs, plus 20
percent for overhead.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
Amended by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
Amended by Ord.
[881(18)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601345424_Ordinance%20No.%20881%20(18).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/4/2018\
*
:::
::: phx-name
[Sec 14-321 Reimbursement; Cost Of
Repair](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-321_Reimbursement;_Cost_Of_Repair){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
At any time that a city-owned facility is damaged and the city is called
upon to make repairs, the applicant will be billed for time and material
costs, plus 20 percent for overhead.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-322
Exemption](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-322_Exemption){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This chapter does not apply to any work performed for the city under
municipal contract.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-323
Revocation](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-323_Revocation){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
They city shall have the right to revoke the permit of any applicant for
violations of this chapter.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[Sec 14-324 Violation And
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-324_Violation_And_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person who shall engage in any business, trade, or vocation for
which a license, permit, certificate, or registration is required by
this chapter, without having a valid license, permit, certificate, or
certificate of registration, as required, or who shall fail to do
anything required by this chapter or by any code adopted by this
chapter, or who shall otherwise violate any provision of this chapter or
of any code adopted by this chapter, or who shall violate any lawful
regulation or order made by any of the officers provided for in this
chapter, shall be guilty of an offense, and, upon conviction thereof,
shall be subject to punishment as provided in section 1-108.
::: phx-docs
HISTORY\
*Adopted by Ord.
[845(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601333220_Ordinance%20No.%20845%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/17/2017\
*
:::
::: phx-name
[ARTICLE 14-3B DESIGN AND CONSTRUCTION OF WIRELESS
FACILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_14-3B_DESIGN_AND_CONSTRUCTION_OF_WIRELESS_FACILITIES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 14-401
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-401_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-402
Applicability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-402_Applicability){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-403
Permitting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-403_Permitting){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-404 Network Node And Node Support Pole
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-404_Network_Node_And_Node_Support_Pole_Requirements){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-405 Inventory Of Network Node And Node Support
Poles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-405_Inventory_Of_Network_Node_And_Node_Support_Poles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-406 Installations On Traffic Signals, Street Signage, Other
Traffic Control Structures And Lighting
Structures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-406_Installations_On_Traffic_Signals,_Street_Signage,_Other_Traffic_Control_Structures_And_Lighting_Structures){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-407 Reservation Of
Rights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-407_Reservation_Of_Rights){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-408 Interference With Operations And
Liability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-408_Interference_With_Operations_And_Liability){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-409 Signal Interference With City\'s Communications
Infrastructure
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-409_Signal_Interference_With_City's_Communications_Infrastructure_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-410 Abandonment Of Wireless
Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-410_Abandonment_Of_Wireless_Facilities){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-411 Relocation And Removal At Provider\'s
Expense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-411_Relocation_And_Removal_At_Provider's_Expense){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-412 Removal Or Relocation By
Provider](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-412_Removal_Or_Relocation_By_Provider){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-413 Restoration Of Wireless
Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-413_Restoration_Of_Wireless_Facilities){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-414 Provider
Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-414_Provider_Responsibility){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 14-415 Violation And
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-415_Violation_And_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 14-401
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-401_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
For purposes of this chapter, the following terms shall have the
following meanings.
*Antenna* means communications equipment that transmits or receives
electromagnetic radio frequency signals used in the provision of
wireless services.
*Collocate* and *collocation* mean the installation, mounting,
maintenance, modification, operation, or replacement of network nodes in
a public right-of-way on or adjacent to a pole.
*Decorative pole* means a streetlight or traffic signal pole specially
designed and placed for aesthetic purposes and on which no appurtenances
or attachments, other than specially designed informational, directional
signage, temporary holiday or special event attachments, may be placed.
*Macro tower* means a guyed or self-supported pole or monopole greater
than the height parameters of:
1. Ten feet in height above the tallest existing utility pole located
within 500 linear feet of the new pole in the same public
right-of-way; or
2. Fifty-five feet above ground level; or
3. Supports or is capable of supporting antennas.
*Micro network node* means a network node that is not larger in
dimension than 24 inches in length, 15 inches in width, and 12 inches in
height, and that has an exterior antenna, if any, not longer than 11
inches.
*Network node* means equipment at a fixed location that enables wireless
communications between user equipment and a communications network. The
term includes:
1. Equipment associated with wireless communications;
2. A radio transceiver, an antenna, a battery-only backup power supply,
and comparable equipment, regardless of technological configuration;
and
3. Electrical, coaxial or fiber-optic cable that is immediately
adjacent to and directly associated with a particular collocation
and is not to exceed 50 feet; and
The term does not include:
1. An electric generator;
2. A pole; or
3. A macro tower.
*Network provider* or *provider* means:
1. A wireless service provider; or
2. A person that does not provide wireless services and that is not an
electric utility but builds or installs on behalf of a wireless
service provider:
1. Network nodes; or
2. Node support poles or any other structure that supports or is
capable of supporting a network node.
*Node support pole* means a pole installed by a network provider for the
primary purpose of supporting a network node.
*Service pole* means a pole, other than a municipally owned utility
pole, owned or operated by the City and located in a public
right-of-way, including:
1. A pole that supports traffic control functions;
2. A structure for signage;
3. A pole that supports lighting, other than a decorative pole; and
4. A pole or similar structure owned or operated by the City and
supporting only network nodes.
*Small cell* shall be included as a type of \"network node.\"
*Utility pole* means a pole that provides:
1. Electric distribution with a voltage rating of not more than 34.5
kilovolts; or
2. Services a telecommunications provider.
*Wireless service* means any service, using licensed or unlicensed
wireless spectrum, including the use of Wi-Fi, whether at a fixed
location or mobile, provided to the public using a network node.
*Wireless service provider* means a person that provides wireless
service to the public.
*Wireless facilities* means \"micro network nodes,\" \"network nodes,\"
and \"node support poles,\" as those terms are defined in this section,
and related ground equipment.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
*
:::
::: phx-name
[Sec 14-402
Applicability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-402_Applicability){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Providers shall adhere to the requirements found in this chapter for
the installation, operation, maintenance, repair, modification, and
replacement of wireless facilities within the city\'s public
right-of-way or on city owned property.
2. Wireless facility installations or collocations, installed other
than in city owned rights-of-way, shall be installed in accordance
with all of the provisions of this code, including the City of Moore
Land Development Code, Part 12, Chapter 2, 3, and 4, Article H.
3. This chapter governs location and criteria for the installation of
wireless facilities, including: micro network nodes, network nodes,
node support poles, and related ground equipment, being installed.
This chapter shall apply to all locations, installations, and
collocations in, on, over or under the public rights-of-way or city
owned property of such wireless facilities, installed pursuant to an
agreement with the city in its discretion.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
*
:::
::: phx-name
[Sec 14-403
Permitting](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-403_Permitting){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Attachments to existing poles or structures*. A provider shall not
install, modify or relocate a network node on an existing pole or
structure within the public right-of-way without first obtaining an
approved wireless facility ROW permit from the city. Prior to
installation, modification or relocation of a network node on an
existing pole or structure, provider shall complete and submit to
the city a complete wireless facility ROW permit application and a
commercial electrical permit application, by a qualified electrical
contractor in the form provided by the city, along with standard
required documents. Up to five separate network nodes may be
submitted under one permit application. Each permit application
shall include the following items:
1. Payment of the permit application fee as established in the
current fee schedule and all other fees required by the city,
including but not limited to annual fees set forth in a
franchise agreement or other similar approved agreements for use
of the city-owned right-of-way, as such fees may be adjusted
from time to time pursuant to the agreement.
2. An aerial map showing the location of the existing pole or
structure to which the network node is proposed to be attached,
and a street view image of the same;
3. Stamped construction and engineering drawings prepared by a
professional engineer licensed in the State of Oklahoma, and for
wireless facilities proposed to be attached to a service pole or
other city-owned or -controlled structure, a certification from
the engineer that the existing pole or structure and its
foundations have sufficient structural stability to support the
proposed network node and can bear the wind load without pole
modification. Such construction and engineering drawings must
also address the design of the connection of any item to the
pole;
4. Geographic information system (GIS) data for the location of
each proposed wireless facility in the form required by the
city;
5. Detailed drawings, with calculations, showing strict conformity
to the size limitations as set forth in this chapter;
6. Documentation identifying the frequency on which the proposed
network node will operate and a certification that the proposed
network node shall not cause any interference with the city\'s
traffic signal system, public safety radio system, private
police cell system, or other city communications infrastructure;
7. The names and telephone numbers of at least two persons serving
as emergency contacts for the provider who can be reached by
telephone 24 hours a day, seven days a week, in the event of an
emergency;
8. Stamped engineering drawings for the electrical service
providing power to the proposed network node, which must include
the conduit size, circuit size, calculations for amp, proposed
voltage, and distances running. The city is entitled to
disconnect power to the network node or other wireless
facilities in emergency situations;
9. Scaled dimensional drawings or pictures of the proposed
attachments of the network node to the existing poles or
structures as well as any other proposed wireless facility,
indicating the horizontal and vertical spacing from existing
curbs, driveways, sidewalks, and other existing poles. This
shall include a before-and-after image of the pole and all
proposed attachments thereto and associated standalone
equipment;
10. Scaled dimensional construction and engineering drawings
indicating the current public right-of-way line and showing any
proposed underground conduit and equipment. Such drawings shall
also show a sectional profile of the public right-of-way and
identify all existing utilities and existing utility conflicts;
11. Where required by the city based on the proposed scope of work,
provider shall submit a traffic control plan, storm water
pollution prevention plan, and/or trench safety plan;
12. If the location of the proposed wireless facility lies within
state or federal right-of-way, the provider must provide
evidence of a permit from the state or federal government; and
13. Certification that the new network node is spaced apart from
existing, approved or proposed new network nodes a distance of
at least 1,000 feet; and
14. The information required to be submitted for construction in
rights-of-way by article A of this chapter.
2. *Electrical supply*.
1. Provider shall be responsible for obtaining any required
electrical power service to the provider\'s wireless facilities.
Provider\'s electrical supply shall be separately metered from
the city and must match city infrastructure voltage. The city
shall not be liable to the provider for any stoppages or
shortages of electrical power furnished to the wireless
facilities, including without limitation, stoppages or shortages
caused by any act, omission, or requirement of the public
utility serving the wireless facility structure or the act or
omission of any other tenant or provider of the wireless
facility structure, or for any other cause beyond the control of
the city;
2. All electrical power service is to be designed and installed
according to part 5, chapter 4 of this Code, including the
currently adopted version of the NEC;
3. A commercial electrical permit is required for all electrical
power service work.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
Amended by Ord.
[987(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_987(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 9/20/2021\
*
:::
::: phx-name
[Sec 14-404 Network Node And Node Support Pole
Requirements](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-404_Network_Node_And_Node_Support_Pole_Requirements){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Installation*. Provider shall, at its own cost and expense, install
all wireless facilities in a quality and workmanlike manner and in
accordance with the requirements of this section, other provisions
of this chapter, and all other applicable laws and ordinances. All
work done in connection with the installation, operation,
maintenance, repair, modification, and/or replacement of wireless
facilities shall be in compliance with all applicable laws. The
following requirements apply to the installation, operation,
maintenance, repair, modification, and/or replacement of wireless
facilities:
1. Wireless facilities shall be concealed or enclosed as much as
possible in an equipment box, cabinet or other enclosure that
may include ventilation openings. External cables and wires
hanging off a pole shall be sheathed or enclosed in a conduit,
so that wires are protected and not visible or visually
minimized to the extent possible;
2. No wireless facility shall be located or placed in a manner that
encroaches on existing or proposed city corner sight triangles
or sight line triangles, as defined by section 12-553 of this
Code;
3. Electrical meters shall not be mounted on a service pole or
other city-owned or controlled structure without prior approval
from the community development director or their designee.
Standalone electrical meters shall be located on or within a
pad-mounted pedestal that shall be powder coated a neutral color
that harmonizes with the surrounding area in which it is
located. All electrical meters serving network nodes must
display the provider\'s name and contact information;
4. All power to a network node located on or attached to a service
pole or other city owned or controlled structure must be able to
be disconnected to provide a safe working environment;
5. Use of city conduits for a provider\'s wireless facilities is
prohibited;
6. Network node attachments to a pole shall be installed at least
eight feet above the ground;
7. No protrusion from the outer circumference of the existing
structure or pole to which a network node is attached shall be
more than five feet;
8. The color of network nodes shall match the color of the poles or
structures to which they are attached such that the network
nodes blend with the color of the poles or structures and
surrounding area structures;
9. Before beginning excavation in any public right-of-way, provider
shall be responsible for complying with all laws relating to
verifying the location of existing utility lines and facilities
and avoiding encroachment thereon, including the requirements of
this chapter;
2. *Inspections*.
1. The city may perform visual inspections of any wireless
facilities located in the public right-of-way as the city deems
appropriate without notice.
2. In the event of an emergency situation, the city may, but is not
required to, notify provider of an inspection. The city may take
all actions necessary to remediate the emergency situation and
the city shall notify provider as soon as practicable after
remediation is complete.
3. The city shall perform electrical inspections to the electrical
supply systems as required by part 5, chapter 4 of this Code.
3. *Placement*.
1. *Design conditions*. As a condition for approval of wireless
facilities, the city can require reasonable design or
concealment measures for the wireless facilities. Therefore, any
installation that requires design or concealment measures must
have these measures submitted with the permit application. The
city requests that a provider explore the feasibility of using
camouflage measures to improve the aesthetics of the wireless
facilities, or any portion thereof, to minimize the impact to
the aesthetics in these installations.
2. *Decorative poles*. Provider shall neither allow the
installation of, nor install wireless facilities on a decorative
pole.
3. *Public right-of-way*. Wireless facilities shall not obstruct,
impede, or hinder pedestrian or vehicular traffic in the public
right-of-way or obstruct or interfere with the legal use of a
public right-of-way by other utility providers. Provider shall
promptly remove wireless facilities that are installed in a
location that is not in accordance with the plans approved by
the city, that do not comply with the provisions of this
chapter, or that otherwise render the public right-of-way
non-compliant with applicable laws, including but not limited to
the Americans with Disabilities Act.
1. All node support poles and other ground equipment shall be
installed with a minimum spacing of five feet from any City
of Moore owned or operated water, sewer or drainage
infrastructure.
4. *Notice to remove unauthorized wireless facilities and penalty*.
If a provider fails to remove any unauthorized wireless facility
or any wireless facility that is located in an improper location
within 30 days after receiving written notice or the date
required by the city, the provider shall be subject to a penalty
of up to \$500.00 per day until the wireless facility is removed
or relocated to the correct area within the permitted location,
regardless of whether the provider\'s contractor, subcontractor,
or vendor installed the wireless facility in strict conformity
with this chapter.
4. *Generators*. Provider shall not allow or install generators or
back-up generators in the public right-of-way.
5. *Equipment dimensions*.
1. Each antenna that does not have exposed elements and is attached
to an existing structure or pole must:
1. Be located inside an enclosure of not more than six cubic
feet in volume;
2. Not exceed a height of three feet above the existing
structure or pole; and
3. Not protrude from the outer circumference of the existing
structure or pole by more than five feet.
2. If an antenna has exposed elements and is attached to an
existing structure or pole, the antenna and all of the
antenna\'s exposed elements must:
1. Fit within an imaginary enclosure of not more than six cubic
feet;
2. Not exceed a height of three feet above the existing
structure or pole; and
3. Not protrude from the outer circumference of the existing
structure or pole by more than five feet.
3. The cumulative size of other wireless equipment associated with
the network node attached to the existing structure or pole may
not:
1. Be more than 28 cubic feet in volume; or
2. Protrude from the outer circumference of the existing
structure or pole by more than five feet.
4. Ground based enclosures, separate from the pole, housing any
equipment related to the network node, may not be higher than
three-feet six-inches from grade, wider than three-feet
six-inches, or deeper than three-feet six-inches.
5. Equipment attached to a utility pole must be installed in
accordance to the provisions of this chapter, the National
Electric Safety Code, the National Electric Code, and the
utility pole owner\'s construction standards.
6. *Signage*.
1. Provider shall post its name, location identifying information,
and emergency telephone number in an area on the cabinet of the
node support poles and network nodes that is visible to the
public. Signage required under this section shall not exceed
four-by-six inches, unless otherwise required by law or the
city.
2. Provider shall not post any other signage or advertising on the
node support poles and network nodes, or utility pole.
7. *Ground equipment*.
1. *Ground equipment near street corners and intersections.* Ground
equipment shall be minimal and the least intrusive. Ground
equipment must remain out of the sight triangle as described by
section 12-533 of this Code.
2. *Ground equipment density.* To enhance the safety requirements
of line of sight of pedestrians, particularly small children,
the city may deny a request for a proposed location.
8. *Maintenance*.
1. *Repair*. Whenever the installation, placement, attachment,
repair, modification, removal, operation, use, or relocation of
wireless facilities, or any portion thereof, is required and
such installation, placement, attachment, repair, modification,
removal, operation, use, or relocation causes any property of
the city to be damaged or to have been altered in such a manner
as to make it unusable, unsafe, or in violation of any laws,
provider, at its sole cost and expense, shall promptly repair
and return such property to its original condition. If provider
does not repair such property or perform such work as described
in this section, then the city shall have the option to perform
or cause to be performed such reasonable and necessary work on
behalf of the provider and to charge the provider for the
reasonable and actual costs incurred by the city. Provider shall
promptly reimburse the city for the costs.
2. *Graffiti abatement*. Provider shall remove all graffiti on any
of its wireless facilities located in the public right-of-way as
soon as practical, but not later than ten days from the date
provider receives notice thereof.
3. *Tree maintenance*. Provider and/or its contractors or agents
shall obtain written permission from the city before trimming
trees hanging over the provider\'s wireless facilities to
prevent branches of such trees from contacting the provider\'s
wireless facilities. When directed by the city, provider shall
trim such trees under the supervision and direction of the city.
The provider shall make all reasonable efforts to promote the
health and well-being of any such trees, and shall not at any
time trim trees in a manner that causes unsightly conditions to
arise. The city shall not be liable for any damages, injuries,
or claims arising from provider\'s actions under this section.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
Amended by Ord.
[987(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_987(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 9/20/2021\
*
:::
::: phx-name
[Sec 14-405 Inventory Of Network Node And Node Support
Poles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-405_Inventory_Of_Network_Node_And_Node_Support_Poles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Provider shall maintain a list of its wireless facilities located in
the city and the utility as-builts for associated underground
appurtenances and shall provide the city an inventory of the
location and/or as-built of each such wireless facility and
appurtenances upon request from the city. Upon the city\'s written
request, provider shall provide the information within 30 days of
city\'s request. The inventory of wireless facilities shall include
GIS coordinates, date of installation, city pole ID number (if
applicable), type of pole used for installation, pole owner, and
description/type of installation for each wireless facility. With
respect to wireless facilities that become inactive, the inventory
shall include the same information as active installations in
addition to the date the wireless facility was deactivated and the
date the wireless facility was removed from the public right-of-way.
The city may compare the inventory to its records to identify any
discrepancies.
2. In the event provider\'s contact information changes and differs
from the information provided on a permit application, provider
shall promptly provide updated contact information to the city for
emergency purposes.
3. Provider shall remit to the city annually beginning January 1, 2021,
a fee per small wireless facility as established in the current fee
schedule and authorized by the State of Oklahoma for the occupancy
and use of the public right-of-way.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
Amended by Ord.
[943(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349306_943%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/4/2020\
*
:::
::: phx-name
[Sec 14-406 Installations On Traffic Signals, Street Signage, Other
Traffic Control Structures And Lighting
Structures](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-406_Installations_On_Traffic_Signals,_Street_Signage,_Other_Traffic_Control_Structures_And_Lighting_Structures){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Installations of wireless facilities on a traffic signal structure
or lighting structure must not interfere with the integrity of the
structure in any way that may compromise the safety of the public
and must be in strict conformance with an agreement applicable to
each such installation and the provisions of this chapter.
2. Installation of wireless facilities on any traffic signal structure
shall:
1. Be encased in a separate conduit than the traffic signal or
lighting electronics;
2. Have a separate electric power connection than the traffic
signal or lighting structure; and
3. Have a separate access point than the traffic signal or lighting
structure;
3. The city shall have the ability to temporarily cut-off electricity
to the wireless facilities for the safety of maintenance personnel.
In the event of failure of components of the traffic signal system
for whatever reason, including damage resulting from vehicular
collisions, weather-related events, or malicious attacks, city will
respond to restore traffic signal operations as a matter of public
safety. Should the events that result in damage or failure of the
traffic signal system also affect provider\'s wireless facilities,
provider shall have the sole responsibility to repair or replace its
wireless facilities and shall coordinate its own emergency efforts
with the city.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
*
:::
::: phx-name
[Sec 14-407 Reservation Of
Rights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-407_Reservation_Of_Rights){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city reserves the right to install, and permit others to
install, utility facilities in the public right-of-way. In
permitting such work to be done by others, the city shall not be
liable to provider for any damage caused by those persons or
entities.
2. The city reserves the right to locate, operate, maintain, and remove
city traffic signal poles in the manner that best enables the
operation of its traffic signal system and protects public safety.
3. The city reserves the right to locate, operate, maintain, and remove
any city pole or structure located within the public right-of-way in
the manner that best enables the city\'s operations and protects
public safety.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
*
:::
::: phx-name
[Sec 14-408 Interference With Operations And
Liability](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-408_Interference_With_Operations_And_Liability){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city shall not be liable to a provider for any damage caused by
other providers with facilities sharing the same pole or for failure
of provider\'s wireless facilities for whatever reason, including
damage resulting from vehicular collisions, weather-related events,
or malicious attacks.
2. The city shall not be liable to a provider by reason of
inconvenience, annoyance, or injury to the provider\'s wireless
facilities or activities conducted by provider related thereto,
arising from the necessity of repairing any portion of the public
right-of-way, or from the making of any necessary alterations or
improvements in, or to, any portion of the public right-of-way or
in, or to, city\'s fixtures, appurtenances, or equipment. The city
will use reasonable efforts not to cause material interference to
provider\'s operation of its wireless facilities.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
*
:::
::: phx-name
[Sec 14-409 Signal Interference With City\'s Communications
Infrastructure
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-409_Signal_Interference_With_City's_Communications_Infrastructure_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *No interference*. In the event that provider\'s wireless facilities
interfere with the city\'s traffic signal system, public safety
radio system, private police cell system, or other city
communications infrastructure, the provider shall promptly cease
operation of the wireless facility causing such interference upon
receiving notice from the city and refrain from operating such
wireless facility in the future. Provider shall respond to the
city\'s notice to address the source of the interference as soon as
practicable, but in no event later than 24 hours of receiving
notice.
2. Protocol for responding to event of interference shall be in strict
conformance with the agreement applicable to each such installation
and the provisions of this chapter.
1. Additionally, the provider shall include any additional
information relevant to the execution of the remediation plan.
2. In the event that interference with city facilities, services,
or operations cannot be eliminated, provider shall shut down the
interfering wireless facility and remove or relocate the
wireless facility that is the source of the interference as soon
as possible to a suitable alternative location approved by city.
3. Following installation or modification of a network node, the city
may require provider to test the network node\'s radio frequency and
other functions to confirm it does not interfere with the city\'s
facilities, services, or operations.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
*
:::
::: phx-name
[Sec 14-410 Abandonment Of Wireless
Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-410_Abandonment_Of_Wireless_Facilities){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Provider shall remove wireless facilities when such facilities are
abandoned regardless of whether provider receives notice from the city.
The removal of wireless facilities shall be completed in accordance with
the provisions of an agreement with the city and all of the provisions
of this chapter.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
*
:::
::: phx-name
[Sec 14-411 Relocation And Removal At Provider\'s
Expense](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-411_Relocation_And_Removal_At_Provider's_Expense){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Provider shall remove and relocate a wireless facility at its own
expense to an alternative location in accordance to an agreement
with the city, but in no case later than 120 days after receiving
written notice that removal, relocation, and/or alteration of the
wireless facility is necessary.
2. Provider\'s duty to remove and relocate its wireless facility at its
expense is not contingent on the availability of an alternative
location acceptable for relocation. City may make reasonable efforts
to provide an alternative location within the public right-of-way
for relocation, but regardless of the availability of an alternative
site acceptable to provider, provider shall comply with the notice
to remove its wireless facility as instructed.
3. The city may remove the wireless facility if provider does not
remove the wireless facility within 120 days. In such event,
provider shall reimburse city for the city\'s actual cost of removal
of provider\'s wireless facility within 30 days of receiving an
invoice from the city.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
*
:::
::: phx-name
[Sec 14-412 Removal Or Relocation By
Provider](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-412_Removal_Or_Relocation_By_Provider){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. If the provider removes or relocates a wireless facility at its own
discretion, it shall notify the city in writing not less than ten
days prior to removal or relocation. Provider shall obtain all
permits required for relocation or removal of its wireless
facilities prior to relocation or removal.
2. The city shall not issue any refunds for any amounts paid by
provider for wireless facilities that have been removed.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
*
:::
::: phx-name
[Sec 14-413 Restoration Of Wireless
Facilities](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-413_Restoration_Of_Wireless_Facilities){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Provider shall repair any damage to the public right-of-way and the
property of any third party resulting from provider\'s removal or
relocation activities or any other of provider\'s activities within ten
days following the date of such removal, relocation, or activity, at
provider\'s sole cost and expense, including restoration of the public
right-of-way and such other property to substantially the same condition
as it was immediately before the date provider was granted a permit for
the applicable location, including restoration or replacement of any
damaged trees, shrubs, or other vegetation. Such repair, restoration and
replacement shall be subject to the sole approval of the city and
according to the provisions of this chapter.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
*
:::
::: phx-name
[Sec 14-414 Provider
Responsibility](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-414_Provider_Responsibility){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Provider shall be responsible and liable for the acts and omissions of
provider\'s employees, temporary employees, officers, directors,
consultants, agents, affiliates, subsidiaries, and subcontractors in
connection with the performance of activities within the city\'s public
right-of-way, as if such acts or omissions were provider\'s acts or
omissions.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
*
:::
::: phx-name
[Sec 14-415 Violation And
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_14-415_Violation_And_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person found in violation of the provisions of this chapter, or fail
to do anything required by this part or by any part of any code adopted
by this part, or who shall violate any lawful regulation or order made
by any of the officers provided for in this part, shall be guilty of an
offense, and upon conviction thereof, shall be subject to punishment as
provided by section 1-108 of this Code.
::: phx-docs
HISTORY\
*Adopted by Ord.
[876(17)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601344831_Ordinance%20No.%20876%20(17).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/18/2017\
*
:::
::: {.phx-name .phx-break}
[PART 15 TRAFFIC AND
VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_15_TRAFFIC_AND_VEHICLES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[CHAPTER 15-1 GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-1_GENERAL_PROVISIONS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-2 TRAFFIC-CONTROL
DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-2_TRAFFIC-CONTROL_DEVICES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-3
EQUIPMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-3_EQUIPMENT){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-4 CERTAIN VEHICLES
PROHIBITED](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-4_CERTAIN_VEHICLES_PROHIBITED){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-5 DRIVING, OVERTAKING AND
PASSING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-5_DRIVING,_OVERTAKING_AND_PASSING){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-6 STOPPING, STANDING AND
PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-6_STOPPING,_STANDING_AND_PARKING){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-7 SPEED
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-7_SPEED_REGULATIONS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-8
RIGHT-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-8_RIGHT-OF-WAY){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-9 TURNING
MOVEMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-9_TURNING_MOVEMENTS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-10 ONE-WAY STREETS AND
ALLEYS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-10_ONE-WAY_STREETS_AND_ALLEYS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-11 TRUCK ROUTES AND
PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-11_TRUCK_ROUTES_AND_PARKING){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-12 LOADING
ZONES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-12_LOADING_ZONES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-13 PUBLIC CARRIER
STOPS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-13_PUBLIC_CARRIER_STOPS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-14
ACCIDENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-14_ACCIDENTS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-15
MOTORCYCLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-15_MOTORCYCLES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-16
BICYCLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-16_BICYCLES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-17
PEDESTRIANS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-17_PEDESTRIANS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-18
ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-18_ENFORCEMENT){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-19 IMPOUNDMENT OF
VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-19_IMPOUNDMENT_OF_VEHICLES){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 15-20 PENALTIES AND ARREST
PROCEDURE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-20_PENALTIES_AND_ARREST_PROCEDURE){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[CHAPTER 15-1 GENERAL
PROVISIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-1_GENERAL_PROVISIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-101
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-101_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-102 Security Verification
Form](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-102_Security_Verification_Form){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-103 Vehicle Owner Not To Permit Or Authorize Violation Of Law Or
This
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-103_Vehicle_Owner_Not_To_Permit_Or_Authorize_Violation_Of_Law_Or_This_Chapter){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-104 Parent Or Guardian Not To Authorize Or Permit Child Or Ward
To Violate
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-104_Parent_Or_Guardian_Not_To_Authorize_Or_Permit_Child_Or_Ward_To_Violate_Chapter){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-105 Adoption Of State Vehicle
Laws](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-105_Adoption_Of_State_Vehicle_Laws){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-101
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-101_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this part, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Alley* means any narrow public passageway or street ordinarily located
in the interior portion of platted blocks, having no legal or official
name other than alley, as herein defined, and ordinarily open to traffic
and used for service or delivery purposes to the rear of stores,
dwellings or buildings.
*Arterial street* means any U.S. or state numbered route,
controlled-access highway or other major radial or circumferential
street or highway designated by local authorities within their
respective jurisdictions as part of a major arterial system of streets
or highways.
**State Law reference**--- Similar provisions, 47 O.S. § 1-102.
*Authorized emergency vehicle* means:
1. Vehicles of fire departments;
2. Ambulances or vehicles specified pursuant to 63 O.S. § 1-2512(B) of
licensed ambulance service providers;
3. State vehicles of law enforcement agencies;
4. County vehicles of sheriffs and full-time commissioned deputies and
vehicles designated by the sheriff for support of the sheriff\'s
office, including privately-owned vehicles driven by the sheriff and
full-time, part-time and reserve commissioned deputies, provided the
audible sirens and flashing red lights equipped on such
privately-owned vehicles are used only in a law enforcement capacity
and in the course of duty;
5. Municipal vehicles of police departments;
6. Vehicles owned and operated by the United States Marshals Service or
the Federal Bureau of Investigation;
7. Vehicles of the Oklahoma National Guard units designated by the
Adjutant General for support to civil authorities; or
8. Vehicles owned and operated by any local organization for emergency
management as defined by 63 O.S. § 683.3.
**State Law reference**--- Similar provisions, 47 O.S. § 1-103.
*Bicycle* means every device upon which any person may ride, propelled
solely by human power through a belt, chain, or gears, and having two or
more wheels; excluding mopeds.
**State Law reference**--- Similar provisions, 47 O.S. § 1-104.
*Boulevard* or *through street* means any street or highway on which
vehicular traffic is given preferential right-of-way, and at the
entrances to which vehicular traffic from intersecting highways is
required by law to yield the right-of-way to vehicles on such through
highway in obedience to either a stop sign or a yield sign, when such
signs are erected as provided by law or ordinance.
**State Law reference**--- Similar provisions, 47 O.S. § 1-175.
*Bus* means every motor vehicle designed for carrying more than ten
passengers and used for the transportation of persons, and every motor
vehicle, other than a taxicab, designed and used for the transportation
of persons for compensation.
**State Law reference**--- Similar provisions, 47 O.S. § 1-105.
*Business district* means the territory contiguous to and including a
highway when within any 600 feet along such highway there are buildings
in use for business or industrial purposes, including, but not limited
to, hotels, banks, office buildings, railroad stations or public
buildings which occupy at least 300 feet of frontage on one side or 300
feet collectively on both sides of the highway.
**State Law reference**--- Similar provisions, 47 O.S. § 1-106.
*Bus loading zone* means a place adjacent to a curb reserved for the
exclusive use of vehicles during the loading or unloading of passengers.
*Commercial chauffeur* and *chauffeur* mean every person who operates,
drives or is in actual physical control of a Class A, B or C commercial
motor vehicle, as defined in 47 O.S. §§ 1-107.1---1-107.3.
*Commercial vehicles*.
1. *Class A*. Any combination of vehicles, except a Class D motor
vehicle, with a gross combined weight rating of 26,001 or more
pounds, provided the gross vehicle weight rating of the vehicles
being towed is in excess of 10,000 pounds.
2. *Class B*. Any single vehicle, except a Class D motor vehicle, with
a gross vehicle weight rating of 26,001 or more pounds, or any such
vehicle towing a vehicle not in excess of 10,000 pounds gross
vehicle weight rating. This class shall apply to a bus with a gross
vehicle weight rating of 26,001 or more pounds and designed to
transport 16 or more persons, including the driver.
3. *Class C*. Any single vehicle or combination of vehicles, other than
a Class A or Class B vehicle as defined above, which is:
1. Required to be placarded for hazardous materials under 49 CFR
172, subpart F; or
2. Designed by the manufacturer to transport 16 or more persons,
including the driver.
4. *Class D*.
1. A Class D motor vehicle is any motor vehicle or combination of
vehicles which:
1. Regardless of weight:
1. Is marked and used as an authorized emergency vehicle,
as defined in section 15-101; or
2. Is designed and used solely as a recreational vehicle;
2. Is a single or combination vehicle with a gross combined
weight rating of less than 26,001 pounds;
3. Is a single or combination farm vehicle with a gross
combined weight rating of more than 26,001 pounds if:
1. It is entitled to be registered with a farm tag and has
a farm tag attached thereto;
2. It is controlled and operated by a farmer, his family or
employees;
3. It is used to transport either agricultural products,
farm machinery, farm supplies or any combination of
those materials to or from a farm;
4. It is not used in the operations of a common or contract
motor carrier; and
5. It is used within 150 air miles of the person\'s farm or
as otherwise provided by federal law; or
4. Is operated by a licensed driver employed by a unit of local
government that operates a commercial motor vehicle within
the boundaries of that unit of local government for the
purpose of removing snow or ice from a roadway by plowing,
sanding or salting, if:
1. The properly licensed employee who ordinarily operates a
commercial vehicle for these purposes is unable to
operate the vehicle; or
2. The employing governmental entity determines that a snow
or ice emergency requires additional assistance.
2. A Class D motor vehicle shall not include any vehicle which is:
1. Designed to carry 16 or more passengers, including the
driver; or
2. Required to be placarded for hazardous materials under 49
CFR 172, subpart F, provided a farm vehicle, as defined in
subsection (D)(1)c of this definition, which is required to
be placarded for hazardous materials under 49 CFR 172,
subpart F, shall be considered to be a Class D motor
vehicle.
**State Law reference**--- Similar provisions, 47 O.S. §§
1-107.1---1-107.4.
*Crosswalk* means that part of a roadway at an intersection included
within the connections of the lateral lines of the sidewalks on opposite
sides of the roadway measured from the curbs, or in the absence of
curbs, from the edges of the traversable roadway; any portion of a
roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surface.
**State Law reference**--- Similar provisions, 47 O.S. § 1-111.
*Curb loading zones* means a space adjacent to a curb reserved for the
exclusive use of vehicles during the loading or unloading of passengers,
freight or materials.
*Curb* means the edge of a roadway marked or understood as such.
*Daytime* means one-half hour before sunrise until one-half hour after
sunset. The term \"nighttime\" means any other time.
*Double park* means the standing or stopping of a vehicle, whether
occupied or not, on the roadway.
*Driver* means every person who drives or is in actual physical control
of a vehicle.
**State Law reference**--- Similar provisions, 47 O.S. § 1-114.
*Emergency* means a condition suddenly created, requiring immediate
action for the preservation of public peace, health or safety, and among
other things particularly means any fire, unusual storm, death, riot or
unusual traffic condition.
*Explosives* means as defined in 49 CFR 173.
*Flammable liquid* means liquid which has a flash point of 70 degrees
Fahrenheit or less, as determined by a Tagliabue or equivalent closed-up
test device and having a vapor pressure not exceeding 40 psi at 100
degrees Fahrenheit.
*Intersection means:*
1. The area embraced within the prolongation or connection of the
lateral curblines, or, if none, then the lateral boundary lines of
the roadways of two highways which join one another at, or
approximately at, right angles, or the area within which vehicles
traveling upon different highways joining at any other angle may
come in conflict; or
2. Where a highway includes two roadways 30 feet or more apart, then
every crossing of each roadway of such divided highway by an
intersecting highway shall be regarded as a separate intersection.
In the event such intersecting highway also includes two roadways 30
feet or more apart, then every crossing of two roadways of such
highways shall be regarded as a separate intersection.
**State Law reference**--- Similar provisions, 47 O.S. § 1-126.
*Laned roadway* means a roadway which is divided into two or more
clearly marked lanes for vehicular traffic.
*License to operate a motor vehicle* means:
1. Any valid driver\'s license or permit to operate a motor vehicle
issued under the laws of the state, including any temporary license
or instruction permit, the lawful possession of which by a resident
of the state shall be evidence that the resident has been granted
the privilege to operate a motor vehicle.
2. Any nonresident\'s operating privilege as defined in section 47 O.S.
§ 1-138, which is evidenced by the lawful possession of a valid
driver\'s license or permit to operate a motor vehicle issued under
the laws of another state.
**State Law reference**--- Similar provisions, 47 O.S. § 1-128.
*Motorcycle* means every motor vehicle having a seat or saddle for the
use of the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor; and a combustion
engine with a piston or rotor displacement of 150 cubic centimeters or
greater.
**State Law reference**--- Similar provisions, 47 O.S. § 1-135.
*Motor-driven cycle* means any motor vehicle having a power source that
if the power source is a combustion engine, has a piston or rotor
displacement of greater than 35 cubic centimeters but less than 150
cubic centimeters regardless of the number of chambers in the power
source, if the power source is electric, has a power output of greater
than 1,000 watts; and a seat or saddle for the use of each rider; and
not more than three wheels in contact with the ground.
**State Law reference**--- Similar provisions, 47 O.S. § 1-136.
*Metal tire* means every tire, the surface of which in contact with the
highway is wholly or partly of metal or other hard, nonresilient
material.
**State Law reference**--- Similar provisions, 47 O.S. § 1-133.
*Motor vehicle* means every vehicle which is self-propelled and every
vehicle not operated upon rails.
**State Law reference**--- Similar provisions, 47 O.S. § 1-134.
*Motor vehicle accident* is defined and classified as in the \"Manual on
Classification of Motor Vehicle Traffic Accidents\" prepared by the
Committee on Uniform Traffic Accident Statistics, Traffic Conference,
and distributed by the National Safety Council.
*Muffler* means a device designed for the use on a particular
internal-combustion engine and properly affixed thereto for the purpose
of reducing the exhaust noise of such engine to an unobjectionable
level.
*Official traffic-control devices* means all signs, barricades, signals,
markings and devices not inconsistent with this part placed or erected
by authority of a public body or official having jurisdiction for the
purpose of regulating, warning or guiding traffic which conforms to the
latest edition of the \"Manual on Uniform Traffic Control Devices for
Streets and Highways,\" published by the U.S. Department of
Transportation, a copy of which is on file.
*Operator* means every person, other than a commercial chauffeur or
chauffeur, who drives or is in actual physical control of a motor
vehicle upon a highway or who is exercising control over or steering a
vehicle being towed by a motor vehicle.
**State Law reference**--- Similar provisions, 47 O.S. § 1-149.
*Owner* means a person who holds the legal title of a vehicle; or in the
event a vehicle is the subject of an agreement for the conditional sale
or lease thereof with a right of purchase upon performance of the
conditions stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee, or in the event a
mortgagor of a vehicle is entitled to possession, then such conditional
vendee or lessee or mortgagor shall be deemed the owner.
**State Law reference**--- Similar provisions, 47 O.S. § 1-141.
*Park* or *parking* means the standing of a vehicle, whether occupied or
not, otherwise than temporarily for the purpose of and while actually
engaged in loading or unloading merchandise or passengers; a public
parking lot is any parking lot on right-of-way dedicated to public use
or owned by the state or a political subdivision thereof.
**State Law reference**--- Similar provisions, 47 O.S. § 1-142.
*Passenger* means a rider in any vehicle other than the driver.
*Pedestrian* means any person afoot.
**State Law reference**--- Similar provisions, 47 O.S. § 1-143.
*Police officer* means every officer of the municipal police department
or any officer authorized to direct or regulate traffic or to make
arrests for violations of traffic regulations.
**State Law reference**--- Similar provisions, 47 O.S. § 1-147.
*Private road* or *driveway* means every way or place in private
ownership and used for vehicular travel by the owner and those having
express or implied permission from the owner, but not by other persons.
**State Law reference**--- Similar provisions, 47 O.S. § 1-148.
*Railroad* means a carrier of persons or property operated upon
stationary rails.
**State Law reference**--- Similar provisions, 47 O.S. § 1-149.
*Railroad sign* or *signal* means any sign, signal or device erected by
authority of a public body or official or by a railroad and intended to
give notice of the presence of railroad tracks or the approach of a
railroad train.
**State Law reference**--- Similar provisions, 47 O.S. § 1-150.
*Railroad train* means a steam engine, electric or other motor, with or
without cars coupled thereto, operated upon rail.
**State Law reference**--- Similar provisions, 47 O.S. § 1-151.
*Registration* means the registration certificates and registration
plates issued under the laws of the state pertaining to the registration
of vehicles.
*Residence district* means the territory contiguous to and including a
highway not comprising a business district when the property on such
highway for a distance of 300 feet or more is in the main improved with
residences or residences and buildings in use for business.
**State Law reference**--- Similar provisions, 47 O.S. § 1-154.
*Revocation of driver\'s license* or *revocation of driving privilege*
means the termination by formal action of the department of a person\'s
driver\'s license or privilege to operate a motor vehicle on the public
highways, such action shall include the requirement of the surrender to
the department of public safety said person\'s driver\'s license.
**State Law reference**--- Similar provisions, 47 O.S. § 1-155.
*Right-of-way* means the privilege of the immediate use of the roadway.
**State Law reference**--- Similar provisions, 47 O.S. § 1-156.
*Road tractor* means every motor vehicle designed and used for drawing
other vehicles and not so constructed as to carry any load thereon
either independently or any part of the weight of a vehicle or load so
drawn.
*Roadway* means that portion of a highway improved, designed or
ordinarily used for vehicular traffic, exclusive of the shoulder. In the
event a highway includes two or more separate roadways, the term
\"roadway\" as used herein refers to any such roadway separately but not
to all such roadways collectively.
**State Law reference**--- Similar provisions, 47 O.S. § 1-158.
*Safety zone* or *island* means an area or space officially set apart
within a roadway for the exclusive use of pedestrians and which is
protected or is so marked or indicated by adequate signs as to be
plainly visible at all times while set apart as a safety zone.
*School bus* means every motor vehicle owned by a public or governmental
agency and operated for the transportation of children to or from school
or privately-owned and -operated for compensation for the transportation
of children to or from school. The term \"school bus\" shall not include
buses normally used in city transit which may be used part-time for
transportation of school children within the city during some portion of
the day.
**State Law reference**--- Similar provisions, 47 O.S. § 1-160.
*Semi-trailer* means every vehicle with or without motive power, other
than a pole trailer, designed for carrying persons or property and for
being drawn by a motor vehicle and so constructed that some part of its
weight and that of its load rests or is carried by another vehicle.
**State Law reference**--- Similar provisions, 47 O.S. § 1-162.
*Shoulder* means the portion of the roadway contiguous with the traveled
way for accommodation of stopped vehicles, for emergency use, and for
lateral support of base and surface courses.
**State Law reference**--- Similar provisions, 47 O.S. § 1-158.
*Sidewalk* means that portion of a street between the curblines, or the
lateral lines of a roadway, and the adjacent property lines, intended
for use of pedestrians.
**State Law reference**--- Similar provisions, 47 O.S. § 1-163.
*Solid tire* means every tire of rubber or other resilient material
which does not depend upon compressed air for the support of the load.
**State Law reference**--- Similar provisions, 47 O.S. § 1-164.
*Stand* or *standing* means the halting of a vehicle, whether occupied
or not, otherwise than temporarily for the purpose of and while actually
engaged in receiving or discharging passengers.
**State Law reference**--- Similar provisions, 47 O.S. § 1-167.
*Stop*, when required, means complete cessation from movement.
**State Law reference**--- Similar provisions, 47 O.S. § 1-169.
*Stop* or *stopping*, when prohibited, means any halting, even
momentarily, of a vehicle, whether occupied or not, except when
necessary to avoid conflict with other traffic or in compliance of the
directions of a police officer, a traffic-control sign or signal.
**State Law reference**--- Similar provisions, 47 O.S. § 1-170.
*Street* or *highway* means the entire width between the boundary lines
of every way publicly maintained when any part thereof is open to the
use of the public for purposes of vehicular travel.
**State Law reference**--- Similar provisions, 47 O.S. § 1-122.
*Suspension of driver\'s license orsuspension of driver\'s privilege*
means the temporary withdrawal by formal action of the department of a
person\'s driver\'s license or privilege to operate a motor vehicle on
the public highways. Such action shall include the requirement of the
surrender to the department of public safety said person\'s driver\'s
license.
**State Law reference**--- Similar provisions, 47 O.S. § 1-173.
*Taxicab* means and includes any motor vehicle for hire, designed to
carry eight persons or less, operated upon any street or highway, or on
call or demand, accepting or soliciting passengers indiscriminately for
transportation for hire between such points along streets or highways as
may be directed by the passenger or passengers so being transported.
This classification shall not include:
1. Motor vehicles of eight-passenger capacity or less operated by the
owner where the cost of operation is shared by fellow workmen
between their homes and the place of regular daily employment, when
not operated for more than two trips per day;
2. Motor vehicles operated by the owner where the cost of operation is
shared by the passengers on a \"share the expense plan\"; or
3. Motor vehicles transporting students from the public school system
when said motor vehicle is so transporting under contract with a
public, private, or parochial school board or governing body.
**State Law reference**--- Similar provisions, 47 O.S. § 1-174.
*Through street* or *highway* means every highway or portion thereof on
which vehicular traffic is given preferential right-of-way, and at the
entrances to which vehicular traffic from intersecting highways is
required by law to yield the right-of-way to vehicles on such through
highway in obedience to either a stop sign or a yield sign, when such
signs are erected as provided by law or ordinance.
**State Law reference**--- Similar provisions, 47 O.S. § 1-175.
*Traffic* means pedestrians, ridden or herded animals, vehicles and
other conveyances, either single or together, while using any highway
for purposes of travel.
**State Law reference**--- Similar provisions, 47 O.S. § 1-177.
*Traffic-control signal* means any device, whether manually,
electrically or mechanically operated, by which traffic is alternatively
directed to stop, proceed or proceed with caution.
**State Law reference**--- Similar provisions, 47 O.S. § 1-178.
*Traffic lane* means the portion of the traveled way for the movement of
a single line of vehicles.
**State Law reference**--- Similar provisions, 47 O.S. § 1-179.
*Trailer* means every vehicle with or without motive power, other than a
pole trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that no part of its weight
rests upon the towing vehicle; provided, however, this definition shall
not include implements of husbandry as defined in 47 O.S. § 1-125.
**State Law reference**--- Similar provisions, 47 O.S. § 1-180.
*Truck* means every motor vehicle designed, used or maintained primarily
for the transportation of property.
**State Law reference**--- Similar provisions, 47 O.S. § 1-182.
*Urban district* means the territory contiguous to and including any
street which is built up with structures devoted to business, industry
or dwelling houses situated at intervals of less than 100 feet for a
distance of a quarter of a mile or more.
**State Law reference**--- Similar provisions, 47 O.S. § 1-185.
*U-turn* means turning a vehicle around so as to proceed in the opposite
direction.
*Vehicle* means every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon stationary rails or tracks; this shall not include
implements of husbandry, electric personal assistive mobility devices,
and motorized wheelchairs.
**State Law reference**--- Similar provisions, 47 O.S. § 1-186.
*Yield* means the yielding of the right-of-way to all vehicles or
pedestrians approaching from the right or left intersecting street which
are so close as to constitute an immediate hazard.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-102 Security Verification
Form](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-102_Security_Verification_Form){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Unless otherwise provided by law, no motor vehicle shall be operated
within the city unless there is in effect with respect to such
vehicle security for the payment of loss resulting from the
liability imposed by law for bodily injury, death and property
damage sustained by any person arising out of the ownership,
maintenance, operation or use of the vehicle. Every person, while
operating or using a motor vehicle within the city which is not
owned by such person, shall maintain in force security for the
bodily injury, death or property damage sustained by any person
arising out of the operation or use of the vehicle, unless such
security has been provided by the owner in accordance with this
section which does not exclude the person from coverage. Proof of
such security shall be carried in the vehicle at all times and shall
be produced for inspection upon request by any law enforcement
officer or representative of the department of public safety and, in
case of collision, such proof shall be shown upon request of any
person affected by the collision.
2. The following shall not be required to carry an owner\'s or
operator\'s security verification form or an equivalent form from
the department of public safety during operation of the vehicle:
1. Any vehicle owned or leased by the federal or state government,
or any agency or political subdivision thereof;
2. Any vehicle bearing the name, symbol or logo of a business,
corporation or utility on the exterior, and which is in
compliance with provisions of 47 O.S. §§ 7-600---7-607,
according to the records of the state department of public
safety which reflect a deposit, bond, self-insurance, or fleet
policy;
3. Any vehicle authorized for operation pursuant to a permit number
issued by the interstate commerce commission or the corporation
commission;
4. Any licensed taxicab; and
5. Any vehicle owned by a licensed motor vehicle dealer.
3. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:\
*\
Compulsory Insurance Law* means the law requiring liability
insurance in conjunction with the operation of a motor vehicle in
the state as found in 47 O.S. § 7-606.\
*\
Online verification system for motor vehicle insurance* is an online
verification system for motor vehicle liability policies as required
by the Compulsory Insurance Law which is provided and maintained by
the department of public safety. Any law enforcement officer, to
establish compliance with the Compulsory Insurance Law during a
traffic stop or accident investigation, shall access information
from the online verification system to verify the current validity
of the policy described on a security verification form produced by
the operator of each motor vehicle during the traffic stop or
accident investigation. If compliance is not confirmed for the
policy described on the security verification form produced by the
operator and a subsequent investigation conducted by the officer
verifies that the operator is not in compliance or if no security
verification form is produced, the officer shall issue a citation to
the operator for failure to comply with the Compulsory Insurance
Law. Establishing compliance with the Compulsory Insurance Law
through the online verification system shall not be the primary
cause for law enforcement to stop a motor vehicle.\
*\
Operator\'s policy* means an operator\'s policy of liability
insurance which shall insure the named person against loss from the
liability imposed upon him by law for damages arising out of the
operation or use by him of any motor vehicle not owned by him,
subject to the same limits of liability required in an owner\'s
policy.\
*\
Owner\'s policy* means an owner\'s policy of liability insurance
which:
1. Shall designate by explicit description or by appropriate
reference all vehicles with respect to which coverage is thereby
to be granted;
2. Shall insure the person named therein and insure any other
person, except as provided in subsection (3) of this definition,
using an insured vehicle with the express or implied permission
of the named insured, against loss from the liability imposed by
law for damages arising out of the ownership, maintenance,
operation or use of such vehicle;
3. May provide for exclusions from coverage in accordance with
existing laws; and
4. Shall be issued by an authorized carrier providing coverage in
accordance with 47 O.S. § 7-204.
*Security* means:
1. A policy or bond meeting the requirements of 47 O.S. § 7-204;
2. A deposit of cash or securities having the equivalency of limits
required under 47 O.S. § 7-330 as acceptable limits for a policy
or bond; or
3. Self-insurance, pursuant to the provisions of 47 O.S. § 7-503,
having the equivalency of limits required under 47 O.S. § 7-204
as acceptable limits for a policy or bond.
*Security verification form* means a form, approved by the state
insurance commissioner, verifying the existence of security required
by the Compulsory Insurance Law of the state.
4. An owner or operator who fails to produce for inspection a valid and
current security verification form or equivalent form which has been
issued by the department upon request of any peace officer of the
department shall be guilty of a misdemeanor and, upon conviction,
shall be subject to a fine as provided in section 1-108 and court
costs.
5. The nonresident owner of a motor vehicle not registered in the state
may give proof of financial responsibility by providing proof of
compliance with the financial responsibility laws of the state in
which the vehicle is registered or by filing with the department of
public safety a certificate of an insurance company authorized to
transact insurance in the state in which the vehicle is registered,
or if such nonresident does not own a motor vehicle, then in the
state in which the insured resides, provided such certificate
otherwise conforms to the provisions of this section, and the
department of public safety shall accept the same upon condition
that the insurance company complies with the following provisions
with respect to the policy so certified:
1. The insurance company shall execute a power of attorney
authorizing the department to accept service on its behalf or
notice of process in any action arising out of a motor vehicle
accident in the state; and
2. The insurance company shall agree in writing that such policies
shall be deemed to conform with the laws of the state relating
to the terms of motor vehicle liability policies issued in the
state.
The provisions of this section shall apply to nonresident owners and
operators of vehicles that are not registered in the state only if
the state in which the vehicle is registered requires compulsory
liability insurance. In such cases, compliance with the requirements
of the law of the state of registration shall be deemed in
compliance with the laws of the state.
6. A sentence imposed for any violation of this section may be
suspended or deferred in whole or in part by the court.
7. Any person producing proof in court that a current security
verification form or equivalent form which has been issued by the
department reflecting this liability coverage for such person was in
force at the time of the alleged offense shall be entitled to
dismissal of such charge. Any person producing proof in court that a
current security verification form or equivalent form which has been
issued by the department of public safety reflecting liability
coverage for the person was in force at the time of the alleged
offense shall be entitled to dismissal of the charge. If proof of
security verification is presented to the court by no later than the
business day preceding the first scheduled court appearance date,
the dismissal shall be without payment of court costs. The court may
access information from the online verification system to confirm
liability coverage. The court shall not dismiss the fine unless
proof that liability coverage for the person was in force at the
time of the alleged offense is presented to the court.
8. Upon conviction, bond forfeiture or deferral of sentence, the court
clerk shall forward an abstract to the state department of public
safety within five days reflecting the action taken by the court.
**State Law reference**--- Similar provisions, 47 O.S. § 7-601 et seq.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-103 Vehicle Owner Not To Permit Or Authorize Violation Of Law Or
This
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-103_Vehicle_Owner_Not_To_Permit_Or_Authorize_Violation_Of_Law_Or_This_Chapter){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to authorize or knowingly permit a motor
vehicle owned by him, or under his control, to be driven upon any street
in the city by any person who is not authorized to drive a motor vehicle
under the laws of the state, or to be driven or to stand or to be parked
in violation of any provision of this chapter.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-104 Parent Or Guardian Not To Authorize Or Permit Child Or Ward
To Violate
Chapter](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-104_Parent_Or_Guardian_Not_To_Authorize_Or_Permit_Child_Or_Ward_To_Violate_Chapter){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for a parent of a child or the guardian of a ward to
authorize or knowingly permit any such child or ward to violate any
provision of this chapter.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-105 Adoption Of State Vehicle
Laws](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-105_Adoption_Of_State_Vehicle_Laws){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
There is hereby adopted and incorporated herein by reference the state
motor vehicle code, 47 O.S. § 1-101 et seq., and the state \"Rules of
the Road,\" 47 O.S. § 11-101 et seq., and all other misdemeanor traffic
and motor vehicle violations in 47 O.S., as now exist and as may be from
time to time amended. Such state laws as adopted herein by reference
shall be fully enforceable by the city within the city limits as fully
as if set out at length herein.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-2 TRAFFIC-CONTROL
DEVICES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-2_TRAFFIC-CONTROL_DEVICES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-201 Authority To Install Traffic-Control
Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-201_Authority_To_Install_Traffic-Control_Devices){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-202 Design And Construction Of Traffic-Control Devices; Manual
Of
Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-202_Design_And_Construction_Of_Traffic-Control_Devices;_Manual_Of_Specifications){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-203 Traffic Signs Required For
Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-203_Traffic_Signs_Required_For_Enforcement){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-204 Obedience To Official Traffic-Control
Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-204_Obedience_To_Official_Traffic-Control_Devices){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-205 Obedience To Signal Indicating Approach Of
Train](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-205_Obedience_To_Signal_Indicating_Approach_Of_Train){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-206 Traffic-Control Signal
Legend](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-206_Traffic-Control_Signal_Legend){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-207 Pedestrian-Control
Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-207_Pedestrian-Control_Signals){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-208 Flashing
Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-208_Flashing_Signals){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-209 Pedestrian-Activated School Crossing
Signal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-209_Pedestrian-Activated_School_Crossing_Signal){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-210 Display Of Unauthorized Signs Or Signals, Political
Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-210_Display_Of_Unauthorized_Signs_Or_Signals,_Political_Signs){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-211 Defacing Or Removing Traffic-Control
Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-211_Defacing_Or_Removing_Traffic-Control_Devices){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-212 Designation Of Crosswalks And Safety
Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-212_Designation_Of_Crosswalks_And_Safety_Zones){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-201 Authority To Install Traffic-Control
Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-201_Authority_To_Install_Traffic-Control_Devices){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager, subject to direction of the council, shall have placed
and maintained traffic-control signs, signals and devices when and as
required under the traffic ordinances of the city to make effective the
provisions of such ordinances, and may have placed and maintained such
additional traffic-control signs, signals and devices as it may deem
necessary to regulate traffic under the traffic ordinances of the city
or under state law or to guide or warn traffic. The city manager may
have traffic-control devices tested under actual conditions of traffic.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-202 Design And Construction Of Traffic-Control Devices; Manual
Of
Specifications](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-202_Design_And_Construction_Of_Traffic-Control_Devices;_Manual_Of_Specifications){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All traffic-control signs, signals and devices shall conform to the
latest edition of the \"Manual on Uniform Traffic Control Devices for
Streets and Highways,\" as published by the state department of
transportation. All signs and signals required hereunder for a
particular purpose shall so far as practicable be uniform as to type and
location throughout the city. All traffic-control devices so erected and
not inconsistent with the provisions of state law or this chapter shall
be official traffic-control devices.
**State Law reference**--- Uniform manual adopted by state, state
approval required on state highways, 47 O.S. § 15-104 et seq.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-203 Traffic Signs Required For
Enforcement](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-203_Traffic_Signs_Required_For_Enforcement){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No provision of this chapter for which signs are required shall be
enforced against an alleged violator if at the time and place of the
alleged violation an official sign was not in proper position and
sufficiently legible to be seen by an ordinarily observant person.
Whenever a particular section does not state that signs are required,
such section shall be effective even though no signs are erected or in
place.
**State Law reference**--- Similar provisions, 47 O.S. § 11-201.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-204 Obedience To Official Traffic-Control
Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-204_Obedience_To_Official_Traffic-Control_Devices){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The driver of any vehicle shall obey the instructions of any official
traffic-control device unless otherwise directed by a police officer,
subject to the exceptions granted in this chapter to the driver of an
authorized emergency vehicle.
**State Law reference**--- Similar provisions, 47 O.S. § 11-201.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-205 Obedience To Signal Indicating Approach Of
Train](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-205_Obedience_To_Signal_Indicating_Approach_Of_Train){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Whenever any person driving a vehicle approaches a railroad grade
crossing under any of the circumstances stated in this section, the
driver of such vehicle shall stop within 50 feet but not less than
15 feet from the nearest rail of such railroad, and shall not
proceed until he can do so safely. The foregoing requirements shall
apply when:
1. A clearly visible electric or mechanical signal device gives
warning of the immediate approach of a railroad train;
2. A crossing gate is lowered or when a human flag person gives or
continues to give a signal of the approach or passage of a
railroad train;
3. A railroad train approaching within approximately 1,500 feet of
the highway crossing emits a signal audible from such distance
and such railroad train, by reason of its speed or nearness to
such crossing, is an immediate hazard;
4. An approaching railroad train is plainly visible and is in
hazardous proximity to such crossing; and
5. The tracks at the crossing are not clear
2. No person shall drive any vehicle through, around or under any
crossing gate or barrier at a railroad crossing while such gate or
barrier is closed or is being opened or closed.
3. The operator of any Class A, B, or C commercial vehicle not required
to stop at all railroad crossings, as prescribed in 47 O.S. §
11-702, shall slow down and check that the tracks are clear of an
approaching train.
**State Law reference**--- Similar provisions, 47 O.S. § 11-701.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-206 Traffic-Control Signal
Legend](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-206_Traffic-Control_Signal_Legend){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whenever traffic is controlled by traffic-control signals exhibiting the
word \"Go,\" \"Caution\" or \"Stop,\" or exhibiting different colored
lights successively one at a time, or with arrows, the following colors
only shall be used, and the terms and lights shall indicate and apply to
drivers of vehicles and pedestrians as follows:
1. *Green alone* or \"*Go*.\"
1. Vehicular traffic facing the signal may proceed straight through
or turn right or left unless a sign or barricade at such place
prohibits either such turn. But vehicular traffic, including
vehicles turning right or left, shall yield the right-of-way to
other vehicles and to pedestrians lawfully within the
intersection or an adjacent crosswalk at the time such signal is
exhibited;
2. Vehicular traffic facing a green arrow signal, shown alone or in
combination with another indication, may cautiously enter the
intersection only to make the movement indicated by such arrow,
or such other movement as is permitted by other indications
shown at the same time. Such vehicular traffic shall yield the
right-of-way to pedestrians lawfully within an adjacent
crosswalk and to other traffic lawfully using the intersection;
and
3. Unless otherwise directed by a pedestrian-control signal,
pedestrians facing the signal may proceed across the roadway
within any marked or unmarked crosswalk;
2. *Steady yellow alone*.
1. Vehicular traffic facing a steady circular yellow or yellow
arrow signal is thereby warned that the red or \"Stop\" signal
will be exhibited immediately thereafter, and such vehicular
traffic shall not enter or be crossing the intersection when the
red or \"Stop\" signal is exhibited; and
2. Pedestrians facing such signal, unless otherwise directed by a
pedestrian control signal, are thereby advised that there is
insufficient time to cross the roadway, and any pedestrian then
starting to cross shall yield the right-of-way to all vehicles;
3. *Steady red alone* or \"*Stop*.\"
1. Vehicular traffic facing the signal shall stop at a clearly
marked stop line, but if none, before entering the crosswalk on
the near side of the intersection, or, if none, then before
entering the intersection, and shall remain standing until
indication to proceed is shown. However, vehicles in the right
traffic lane after making a stop as above required may enter the
intersection cautiously and make a right turn unless \"No Turn
on Red\" signs are posted to prohibit right turns; but such
vehicle shall yield the right-of-way to any pedestrian or other
traffic in the intersection, and such turn shall not be made so
as to interfere with traffic proceeding on a green signal
indication on the cross street;
2. No pedestrian facing such signal shall enter the roadway until
the green or \"Go\" is shown alone or until authorized so to do
by a pedestrian \"Walk\" signal; and
4. *Steady red with green arrow*.
1. Vehicular traffic facing such signal may cautiously enter the
intersection only to make the movement indicated by such arrow,
but shall yield the right-of-way to pedestrians lawfully within
a crosswalk and to other traffic lawfully using the
intersection;
2. No pedestrian facing such signal shall enter the roadway until
the green or \"Go\" is shown alone or until authorized so to do
by pedestrian \"Walk\" signal; and
3. In the event an official traffic-control signal is erected and
maintained at a place other than an intersection, the provisions
of this section shall be applicable except as to those
provisions which by their nature can have no application. Any
stop required shall be made at a sign or marking on the pavement
indicating where the stop shall be made. In the absence of any
such sign or marking, the stop shall be made at the signal.
**State Law reference**--- Similar provisions, 47 O.S. § 11-202.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-207 Pedestrian-Control
Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-207_Pedestrian-Control_Signals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whenever special pedestrian-control signals exhibiting the term \"Walk\"
or \"Wait\" or \"Don\'t Walk\" are in place, such signals shall indicate
as follows:
1. \"*Walk*.\" Pedestrians facing such signal may proceed across the
roadway in the direction of the signal and shall be given the
right-of-way by the drivers of all vehicles; and
2. \"*Wait*,\" \"*Don\'t Walk*.\" No pedestrian shall start to cross
the roadway in the direction of such signal, but any pedestrian who
has partially completed his crossing on the Walk signal shall
proceed to a sidewalk or safety island while the \"Wait\" signal is
showing.
**State Law reference**--- Similar provisions, 47 O.S. § 11-203.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-208 Flashing
Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-208_Flashing_Signals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Whenever an illuminated flashing red or yellow signal is used in a
traffic sign or signal, it shall require obedience by vehicular
traffic as follows:
1. *Flashing red (stop signal)*. When a red lens is illuminated
with rapid intermittent flashes, drivers of vehicles shall stop
before entering the nearest crosswalk at an intersection or at a
limit line when marked, or, if none, than before entering the
intersection. The right to proceed shall be subject to the rules
applicable after making a stop at a stop sign; and
2. *Flashing yellow (caution signal)*. When a yellow lens is
illuminated with rapid intermittent flashes, drivers of vehicles
may proceed through the intersection or past such signal only
with caution.
2. This section shall not apply at railroad grade crossings.
**State Law reference**--- Similar provisions, 47 O.S. § 11-204.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-209 Pedestrian-Activated School Crossing
Signal](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-209_Pedestrian-Activated_School_Crossing_Signal){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whenever a pedestrian-activated school crossing signal is provided, it
requires obedience by vehicular traffic and pedestrians as follows:
1. *Flashing yellow*.
1. When a yellow lens is illuminated with rapid intermittent
flashes, drivers or operators of vehicles may proceed through
the intersection or past such signal only with caution; and
2. Pedestrians shall not proceed in conflict with traffic, but may
actuate the signal-control switch, and shall wait until steady
red alone is shown before entering the roadway or intersection
controlled by the signal;
2. *Steady yellow alone*.
1. Vehicular traffic facing the signal is thereby warned that the
red or \"Stop\" signal will be exhibited immediately thereafter,
and such vehicular traffic shall not enter or be crossing the
intersection or past the signal when the red or \"Stop\" signal
is exhibited; and
2. No pedestrian shall enter the roadway or intersection on which
the signal controls vehicular traffic until steady red alone is
shown;
3. *Steady red*.
1. Vehicular traffic facing the signal shall stop before entering
the crosswalk on the near side of the intersection, or, if none,
then before passing the signal or entering the intersection, and
shall remain standing until flashing yellow is shown alone; and
2. Pedestrians may proceed across the road controlled by the
signal, and shall be given the right-of-way by the drivers of
all vehicles; and
4. *Steady red and steady yellow combined*.
1. Vehicular traffic facing the signal is thereby warned that the
flashing yellow signal will be exhibited immediately thereafter,
and that such vehicular traffic shall remain standing until the
flashing yellow is shown alone; and
2. Pedestrians are thereby warned that the flashing yellow signal
is about to be shown, and shall not enter the signal-controlled
roadway or intersection, or in a direction which conflicts with
the movement of vehicular traffic; but any pedestrian who has
partially completed his crossing shall proceed to the nearest
sidewalk or safety island and shall be given the right-of-way by
the drivers of all vehicles.
**State Law reference**--- Similar provisions, 47 O.S. § 11-205.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-210 Display Of Unauthorized Signs Or Signals, Political
Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-210_Display_Of_Unauthorized_Signs_Or_Signals,_Political_Signs){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall place, maintain or display upon or in view of any
highway an unauthorized sign, signal, marking or device which
purports to be or is an imitation of or resembles an official
traffic-control device or railroad sign or signal, which attempts to
direct the movement of traffic which projects any flashing or
revolving beams of light, or which hides from view or interferes
with the effectiveness of any official traffic-control device or any
railroad sign or signal.
2. No person shall place or maintain nor shall any public authority
permit upon any highway any traffic sign, signal or device bearing
thereon any commercial advertising.
3. This section shall not prohibit the erection upon private property
adjacent to highways of signs giving useful directional information
and of a type that cannot be mistaken for official signs.
4. The city is empowered to remove every such prohibited sign, signal,
marking or device without notice.
**State Law reference**--- Similar provisions, 47 O.S. § 11-206.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-211 Defacing Or Removing Traffic-Control
Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-211_Defacing_Or_Removing_Traffic-Control_Devices){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall, without lawful authority, attempt to or in fact alter,
deface, injure, knock down, change the position of or remove any
official traffic-control device or any railroad sign or signal or any
inscription, shield or insignia thereon, or any other part thereof.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-212 Designation Of Crosswalks And Safety
Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-212_Designation_Of_Crosswalks_And_Safety_Zones){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager, subject to direction by the council, is authorized to:
1. Designate and have maintained by appropriate devices, marks or lines
upon the surface of the roadway crosswalks at intersections where in
his opinion there is particular danger to pedestrians crossing the
roadway, and at such other places as he may deem necessary; and
2. Establish safety zones or islands of such kind and character and at
such places as he may deem necessary for the protection of
pedestrians.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-3
EQUIPMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-3_EQUIPMENT){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-301 Equipment Required; Use Of
Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-301_Equipment_Required;_Use_Of_Equipment){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-302 Muffler Required,
Cutouts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-302_Muffler_Required,_Cutouts){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-303 Width, Height, Length, Weight And
Load](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-303_Width,_Height,_Length,_Weight_And_Load){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-304 Windshields To Be Unobstructed; Wipers
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-304_Windshields_To_Be_Unobstructed;_Wipers_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-305 Inspection Of
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-305_Inspection_Of_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-306 Vehicles To Be Registered, Display Of
Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-306_Vehicles_To_Be_Registered,_Display_Of_Tags){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-301 Equipment Required; Use Of
Equipment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-301_Equipment_Required;_Use_Of_Equipment){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every vehicle operated upon the streets of the city shall be
equipped as required by 47 O.S. No person shall operate a vehicle
upon a street of the city which is not equipped as required by state
law.
2. No person shall fail to use such equipment in the manner required by
state law, or use it in a manner prohibited by state law.
**State Law reference**--- Equipment required on vehicles, 47 O.S. §
12-101 et seq.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-302 Muffler Required,
Cutouts](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-302_Muffler_Required,_Cutouts){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every vehicle shall be equipped, maintained, and operated so as to
prevent excessive or unusual noise. Every motor vehicle shall at all
times be equipped with a muffler or other effective
noise-suppressing system in good working order and in constant
operation, and no person shall use a muffler cut-out, bypass or
similar device. No person shall modify the exhaust system of a motor
vehicle in any manner which will amplify or increase the noise or
sound emitted louder than that emitted by the muffler originally
installed on the vehicle.
2. The engine and power mechanism of every motor vehicle shall be so
equipped and adjusted as to prevent the escape of excessive fumes or
smoke, or both.
**State Law reference**--- Similar provisions, 47 O.S. § 12-402.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-303 Width, Height, Length, Weight And
Load](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-303_Width,_Height,_Length,_Weight_And_Load){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall drive or convey through any street any vehicle the
width, height, length, weight or load of which exceeds that authorized
by state law, except in accordance with a permit issued by state
authority or by the chief of police.
**State Law reference**--- Vehicle size, weight and load, 11 O.S. §
14-101 et seq.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-304 Windshields To Be Unobstructed; Wipers
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-304_Windshields_To_Be_Unobstructed;_Wipers_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:\
*Critical area* means the area cleaned by the normal sweep of the
windshield wiper blade on the driver\'s side. The area covered by
the wiper blade cannot be reduced from manufacturer\'s original
specifications.\
*Noncritical areas* means all other areas.\
*Outright breakage* means glass which is severely cracked or
shattered to the extent that air passes through it or, if by running
a fingertip over the cracked area, the glass moves or sharp edges
can be felt.\
*Star break* or *shot damage* means a vented break with cracks
radiating from the point of impact.\
*Stress* or *hairline crack* means a crack which has no visible
point of impact.
2. No person shall operate any motor vehicle which:
1. Is not equipped with a windshield;
2. Has any outright breakage in the windshield or in the window on
either side of the driver;
3. Has any star break or shot damage, three inches or more in
diameter, located in the critical area; or
4. Has two or more stress or hairline cracks, 12 inches or more in
combined length, located in the critical area.
3. No person shall drive any motor vehicle with any sign, poster, other
nontransparent material, or debris, including, but not limited to,
snow, ice, or frost, upon the front windshield or the side wings, or
side or rear windows or suspend any sign, poster, object, or other
material from the interior of the vehicle which materially
obstructs, obscures, or impairs the driver\'s clear view of the
highway ahead or to either side or of any intersecting highway.
4. The windshield on every motor vehicle shall be equipped with an
electric windshield wiper mechanism for cleaning rain, snow, or
other moisture from the windshield.
5. Every windshield wiper blade and windshield wiper mechanism upon a
motor vehicle shall be maintained in good working order. When
replacing the wiper blade, the length of the blade shall not be
reduced from the manufacturer\'s specification.
**State Law reference**--- Similar provisions, 47 O.S. § 12-404.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-305 Inspection Of
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-305_Inspection_Of_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Police officers may at any time upon reasonable cause to believe that a
vehicle is unsafe or not equipped as required by law, or that its
equipment is not in proper adjustment or repair or the operator is not
properly licensed, require the driver of such vehicle to stop and submit
such vehicle to an inspection and such test with reference thereto as
may be appropriate.
**State Law reference**--- State officers may inspect vehicles, 47 O.S.
§§ 13-102, 13-103.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-306 Vehicles To Be Registered, Display Of
Tags](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-306_Vehicles_To_Be_Registered,_Display_Of_Tags){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall operate a vehicle of any kind upon a street of the
city without a state vehicle license or tag as may be required by
law.
1. [No citation may be issued by a law enforcement officer during
the thirty (30) day period immediately succeeding the last day
of the month during which a vehicle registration should have
been renewed and a current license plate decal obtained and
displayed on the license plate of the
vehicle]{style="color: rgb(0, 128, 0); text-decoration-line: underline;"}[.]{style="color: rgb(0, 128, 0); text-decoration-line: underline;"}\
2. No person shall fail to display the state vehicle license or tag as
required by law or attach any trailer hitch or other device in a
manner as to cover or partially cover the vehicle license.
3. At all times while a vehicle is being used or operated on the roads
of this municipality, the operator of the vehicle shall have in his
or her possession or carry in the vehicle and exhibit upon demand to
any peace officer either a:
1. Registration certificate or an official copy thereof;
2. True copy of rental or lease documentation issued for a motor
vehicle;
3. Registration certificate or an official copy thereof issued for
a replacement vehicle in the same registration period;
4. Temporary receipt printed upon self-initiated electronic renewal
of a registration via the internet; or
5. Cab card issued for a vehicle registered under the International
Registration Plan.
4. The provisions of subsection (C) of this section shall not apply to
the first 30 days after purchase of a replacement vehicle.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
Amended by Ord.
[913(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1610287942_Ordinance%20913(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/3/2019\
Amended by Ord.
[1010.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1010.22.pdf){.k-link
target="_blank" style="color:#0000EE"} on 7/18/2022\
*
:::
::: phx-name
[CHAPTER 15-4 CERTAIN VEHICLES
PROHIBITED](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-4_CERTAIN_VEHICLES_PROHIBITED){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-401 Vehicles Injurious To Streets; Metal Tires
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-401_Vehicles_Injurious_To_Streets;_Metal_Tires_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-402 Obstructive And Dangerous Vehicles; Covering Of
Loads](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-402_Obstructive_And_Dangerous_Vehicles;_Covering_Of_Loads){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-403 Permit For Vehicles With Protruding Parts On
Wheels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-403_Permit_For_Vehicles_With_Protruding_Parts_On_Wheels){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-404 Deposit Of Glass, Nails Or Other Injurious Matter In
Streets; Responsibility To Remove After
Accident](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-404_Deposit_Of_Glass,_Nails_Or_Other_Injurious_Matter_In_Streets;_Responsibility_To_Remove_After_Accident){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-401 Vehicles Injurious To Streets; Metal Tires
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-401_Vehicles_Injurious_To_Streets;_Metal_Tires_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every solid rubber tire on a vehicle shall have rubber on its entire
traction surface at least one inch thick above the edge of the
flange of the entire periphery.
2. A person shall not operate or move on any hard-surfaced highway any
vehicle having any metal tire in contact with the roadway, except
when authorized by special permit.
3. 1. Any tire on a vehicle moved on a highway shall not have on its
periphery any block, stud, flange, cleat or spike or any other
protuberance of any material other than rubber which projects
beyond the tread of the traction surface of the tire, except
that it shall be permissible:
1. To use farm tractors or implements of husbandry with tires
having protuberances which will not injure the highway;
2. To use tire chains of reasonable proportions upon any
vehicle when required for safety because of snow, ice, or
other conditions tending to cause a vehicle to skid; or
3. For pneumatic tires equipped with or having on their
periphery studs of metal, porcelain or other material to be
sold or used in the state, if constructed to provide
resiliency upon contact with the road surface, so that not
more than three percent in the aggregate of the traction
surface of such tire is composed of such studs and so that
such studs do not project more than three thirty-seconds of
an inch beyond the tread of the traction surface of such
tire and have a rate of wear which will so limit such
projection.
2. The exceptions permitted in subsection (C)(1) of this section
shall be subject to the following restrictions:
1. The use of such tires or tire chains shall be limited to
vehicles with rated capacities up to and including two tons;
2. Any tire so equipped shall not be used on a public highway
earlier than November 1 of each year or later than April 1
of the following year; and
3. Copies of this subsection (C) shall be posted in all places
at which tires or tire chains are sold, and a printed or
written warning on the time limitation for the use of such
tires or tire chains shall be furnished to each buyer,
purchaser, or user by the seller of such studded tires or
tire chains.
4. Operator selectable \"on demand\" studded tires having
traction-enhancing studs located outside the normal tread area which
allows their operation as conventional tires on dry roads or as
studded tires on ice-coated roads by the expedient of reducing or
increasing the air pressure within the tires, shall be exempt from
the prohibitions of subsection (C) of this section with the
following exceptions:
1. The use of such tires shall be limited to vehicles with rated
capacities up to and including two tons;
2. Any such tire shall not be deflated so that the studs lower and
make contact with the road surface earlier than November 1 of
each year or later than April 1 of the following year.
5. A person shall not operate any vehicle when one or more of the tires
in use on that vehicle is in unsafe operating condition or has a
tread depth less than two-thirty-seconds inch measured in any two
adjacent tread grooves at three equally spaced intervals around the
circumference of the tire, provided such measurements shall not be
made at the location of any tread wear indicator, tie bar, hump, or
fillet. As used in this subsection, an unsafe tire includes, but is
not limited to, any tire:
1. On which the ply or cord is exposed in the tread area;
2. Which has been regrooved or recut below the original groove
depth, except tires that have been designed with under-rubber
sufficient for regrooving and are so marked;
3. Marked \"Farm Implement Only,\" \"Not for Highway Use,\" or any
other marking that would indicate that the tire is not for
normal highway use, provided no such marking shall be altered or
removed;
4. On which any bulges, bumps, or knots show in the tread or
sidewall area; or
5. On the front steering axle of a truck-tractor which has tread
depth measuring less than four-thirty-seconds inch.
6. Every wheel on a vehicle shall not be cracked and shall be securely
fastened to the hub of the vehicle with all lug nuts properly
affixed.
7. No vehicle or combination of vehicles, weighing eight tons or more,
loaded or unloaded, shall be driven or moved on Eastern Avenue,
between SW 34th Street and Indian Hills Road, within the corporate
limits of the city. This subsection shall not apply to vehicles
owned and operated by public utility corporations or the city while
such vehicles are being used in the performance of their official
duties.
(Ord. No. 152(96), 4-15-1996; Ord. No. 202(97), 8-18-1997)
::: phx-docs
HISTORY\
*Amended by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-402 Obstructive And Dangerous Vehicles; Covering Of
Loads](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-402_Obstructive_And_Dangerous_Vehicles;_Covering_Of_Loads){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall drive any vehicle in such condition, so constructed,
or so loaded as to cause delay or be likely to cause delay in
traffic, or as to constitute a hazard to persons or property, except
by permit issued by the city and in accordance with the terms of
such permit.
2. No vehicle shall he driven or moved on any street unless such
vehicle is so constructed or loaded as to prevent any of its load
from dropping, sifting, leaking, blowing or otherwise escaping
therefrom, except that sand may be dropped for the purpose of
securing traction or water or other substances may be sprinkled on a
roadway in cleaning or maintaining such roadway.
3. No person shall operate on any street any vehicle with any load
unless the load and any covering thereon is securely fastened so as
to prevent the covering or load from becoming loose, detached or in
any manner a hazard to other users of the highway. Any vehicle
loaded with sand, cinders or other loose materials susceptible to
blowing or escaping by reason of wind shall have such load covered
or dampened so as to prevent the blowing or escaping of the load
from the vehicle.
4. This section shall not apply to trucks loaded with livestock,
poultry or agricultural products only, except baled agricultural
products; however, any such trucks shall be so constructed or loaded
as to prevent such livestock or poultry from escaping therefrom.
**State Law reference**--- Similar provisions, 47 O.S. § 14-105.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-403 Permit For Vehicles With Protruding Parts On
Wheels](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-403_Permit_For_Vehicles_With_Protruding_Parts_On_Wheels){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to drive, pull or move, otherwise than by
hauling, upon the paved streets of the city, any tractor or other
vehicle with lugs, flanges or other protruding parts upon the surface of
the wheels of the same, without first obtaining a written permit from
the city engineer. Such permit shall not be granted unless all lugs,
flanges or other protruding parts upon the surface of the wheels are
first removed, or unless a base or board way is laid upon the paved
street for the wheels of such vehicle to run upon so as to keep the
wheels from coming in contact with the pavement and so as to entirely
protect the pavement from the wheels.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-404 Deposit Of Glass, Nails Or Other Injurious Matter In
Streets; Responsibility To Remove After
Accident](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-404_Deposit_Of_Glass,_Nails_Or_Other_Injurious_Matter_In_Streets;_Responsibility_To_Remove_After_Accident){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It shall be unlawful for any person to place, or cause to be placed,
or let fall and remain, in or upon any street, any scrap iron, nail,
tack, glass or other thing which is likely to injure persons or
damage property, or to render a street unsafe for traffic.
2. Any person removing a wrecked or damaged vehicle from a street shall
remove any glass or other injurious substance dropped upon the
street from such vehicle. The owner of the vehicle, or insurer of
the owner of the vehicle if the owner\'s insurance policy provides
coverage for such expense, shall be responsible for the cost of
removal of the vehicle and the glass or other injurious substance
and any vehicle storage fees. The cost of the removal of the vehicle
and any storage fees shall be the same as established by the
corporation commission for nonconsensual tows.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1110.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-5 DRIVING, OVERTAKING AND
PASSING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-5_DRIVING,_OVERTAKING_AND_PASSING){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-501 Driving On Right Side Of Roadway,
Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-501_Driving_On_Right_Side_Of_Roadway,_Exception){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-502 Passing Vehicles Proceeding In Opposite
Direction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-502_Passing_Vehicles_Proceeding_In_Opposite_Direction){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-503 Passing Vehicle On
Left](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-503_Passing_Vehicle_On_Left){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-504 Passing Vehicle On
Right](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-504_Passing_Vehicle_On_Right){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-505 Passing Requirements, Duty Of Overtaken
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-505_Passing_Requirements,_Duty_Of_Overtaken_Vehicle){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-506 Passing
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-506_Passing_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-507 Designation Of No-Passing
Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-507_Designation_Of_No-Passing_Zones){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-508 School Buses; Markings; Passing
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-508_School_Buses;_Markings;_Passing_Regulations){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-509 Driving On Laned Roadways, Marking Traffic
Lanes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-509_Driving_On_Laned_Roadways,_Marking_Traffic_Lanes){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-510 Driving On Divided
Highways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-510_Driving_On_Divided_Highways){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-511 Following Too
Closely](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-511_Following_Too_Closely){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-512 Restricted-Access
Roadways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-512_Restricted-Access_Roadways){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-513 Driving Through Service
Drives](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-513_Driving_Through_Service_Drives){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-514 Reckless
Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-514_Reckless_Driving){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-515 Careless Or Negligent
Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-515_Careless_Or_Negligent_Driving){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-516 Inattention To Driving; Texting While
Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-516_Inattention_To_Driving;_Texting_While_Driving){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-517 Driving Over Fire
Hose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-517_Driving_Over_Fire_Hose){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-518 Following Fire Or Emergency
Apparatus](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-518_Following_Fire_Or_Emergency_Apparatus){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-519 Procedure On Approach Of Emergency
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-519_Procedure_On_Approach_Of_Emergency_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-520 Driving Under The Influence While Under
Age](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-520_Driving_Under_The_Influence_While_Under_Age){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-521 Driver\'s License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-521_Driver's_License_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-522 Driving While License Suspended, Use Of False
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-522_Driving_While_License_Suspended,_Use_Of_False_License){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-523 Permitting Unlicensed Person To
Drive](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-523_Permitting_Unlicensed_Person_To_Drive){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-524 Driving Through Funeral
Processions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-524_Driving_Through_Funeral_Processions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-525 Driving In Funeral
Procession](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-525_Driving_In_Funeral_Procession){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-526 Identification Of Funeral
Processions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-526_Identification_Of_Funeral_Processions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-527 Use Of Roller Skates, Coasters, Skateboards On
Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-527_Use_Of_Roller_Skates,_Coasters,_Skateboards_On_Roadway){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-528 Play Streets
Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-528_Play_Streets_Authorized){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-529 Use Of Play Streets By Motor
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-529_Use_Of_Play_Streets_By_Motor_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-530 Obstructing Intersection Or
Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-530_Obstructing_Intersection_Or_Crosswalk){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-531 Driving On Sidewalk
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-531_Driving_On_Sidewalk_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-532 Driving In Public Parks And Other Properties
Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-532_Driving_In_Public_Parks_And_Other_Properties_Restricted){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-533 Driving On Property Without
Permission](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-533_Driving_On_Property_Without_Permission){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-534 Starting Stopped Or Parked
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-534_Starting_Stopped_Or_Parked_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-535 Backing Of
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-535_Backing_Of_Vehicle){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-536 Opening And Closing Vehicle
Door](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-536_Opening_And_Closing_Vehicle_Door){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-537 Obstructions To Driver\'s View, Number In Front Seat;
Overloading School
Bus](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-537_Obstructions_To_Driver's_View,_Number_In_Front_Seat;_Overloading_School_Bus){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-538 Clinging To
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-538_Clinging_To_Vehicle){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-539 Boarding Or Alighting From Moving
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-539_Boarding_Or_Alighting_From_Moving_Vehicle){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-540 Riding Outside Vehicle
Compartment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-540_Riding_Outside_Vehicle_Compartment){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-541 Driving Through Safety
Zone](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-541_Driving_Through_Safety_Zone){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-542 Child Passenger Restraint System Or Seat Belt Required;
Exceptions;
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-542_Child_Passenger_Restraint_System_Or_Seat_Belt_Required;_Exceptions;_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-543 Seat Belts Required For Front Seat Passengers;
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-543_Seat_Belts_Required_For_Front_Seat_Passengers;_Exceptions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-544 Certain Vehicles To Stop At All Railroad
Crossings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-544_Certain_Vehicles_To_Stop_At_All_Railroad_Crossings){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-545 Approaching Stationary Emergency Vehicle Displaying Flashing
Lights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-545_Approaching_Stationary_Emergency_Vehicle_Displaying_Flashing_Lights){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-546 Procedures For Motor Vehicles Required To Merge In
Maintenance And Construction
Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-546_Procedures_For_Motor_Vehicles_Required_To_Merge_In_Maintenance_And_Construction_Zones){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-501 Driving On Right Side Of Roadway,
Exception](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-501_Driving_On_Right_Side_Of_Roadway,_Exception){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Upon all roadways of sufficient width a vehicle shall be driven upon
the right half of the roadway, except as follows:
1. When overtaking and passing another vehicle proceeding in the
same direction under the laws governing such movement;
2. When an obstruction exists making it necessary to drive to the
left of the center of the highway, provided any person so doing
shall yield the right-of-way to all vehicles traveling in the
proper direction upon the unobstructed portion of the highway
within such distance as to constitute an immediate hazard;
3. Upon a roadway divided into three marked lanes for traffic under
the laws applicable thereon;
4. Upon a roadway restricted to one-way traffic; or
5. Upon a roadway having four or more lanes for moving traffic and
providing for two-way movement of traffic.
2. Upon all roadways, any vehicle proceeding at less than the normal
speed of traffic at the time and place and under the conditions then
existing shall be driven in the right-hand lane when available for
traffic, or as close as practicable to the right-hand curb or edge
of the roadway and may be temporarily driven upon the right-hand
shoulder for the purpose of permitting other vehicles to pass. This
subsection shall not apply when overtaking and passing another
vehicle proceeding in the same direction or when preparing for a
left turn at an intersection or into a private road or driveway.
3. Upon any roadway having four or more lanes for moving traffic and
providing for two-way movement of traffic, no vehicle shall be
driven to the left of the centerline of the roadway, except when
authorized by official traffic-control devices designating certain
lanes to the left side of the center of the roadway for use by
traffic not otherwise permitted to use such lanes, or except as
permitted under subsection (A)(2) of this section. However, this
subsection shall not be construed as prohibiting the crossing of the
centerline in making a left turn into or from an alley, private road
or driveway.
**State Law reference**--- Similar provisions, 47 O.S. § 11-301.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-502 Passing Vehicles Proceeding In Opposite
Direction](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-502_Passing_Vehicles_Proceeding_In_Opposite_Direction){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Drivers of vehicles proceeding in opposite directions shall pass each
other to the right. Upon roadways having width for not more than one
line of traffic in each direction, each driver shall give to the other
at least one-half of the traveled portion of the roadway as nearly as
possible.
**State Law reference**--- Similar provisions, 47 O.S. § 11-302.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-503 Passing Vehicle On
Left](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-503_Passing_Vehicle_On_Left){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following requirements shall govern the overtaking and passing of
vehicles proceeding in the same direction, subject to those limitations,
exceptions and special requirements hereinafter stated:
1. The driver of a vehicle overtaking another vehicle proceeding in the
same direction shall pass to the left thereof at a safe distance and
shall not again drive to the right side of the roadway until safely
clear of the overtaken vehicle;
2. Except when overtaking and passing on the right is permitted, the
driver of an overtaken vehicle shall give way to the right in favor
of the overtaking vehicle on audible signal and shall not increase
the speed of his vehicle until completely passed by the overtaking
vehicle; and
3. Every driver who intends to pass another vehicle proceeding in the
same direction, which requires moving his vehicle from one lane of
traffic to another, shall first see that such movement can be made
with safety and shall proceed to pass only after giving a proper
signal by hand or mechanical device.
**State Law reference**--- Similar provisions, 47 O.S. § 11-303.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-504 Passing Vehicle On
Right](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-504_Passing_Vehicle_On_Right){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The driver of a vehicle may overtake and pass upon the right of
another vehicle only under the following conditions:
1. When the vehicle overtaken is making or about to make a left
turn;
2. Upon a street or highway with unobstructed pavement not occupied
by parked vehicles and marked with lines for two or more lanes
of traffic in each direction; and
3. Upon a one-way street or upon any roadway on which traffic is
restricted to one direction of movement, where the roadway is
free from obstructions and of sufficient width for two more
lines of moving vehicles.
2. The driver of a vehicle may overtake and pass another vehicle upon
the right only under conditions permitting such movement in safety.
In no event shall such movement be made by driving off the pavement
or main-traveled portion of the roadway.
**State Law reference**--- Similar provisions, 47 O.S. § 11-304.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-505 Passing Requirements, Duty Of Overtaken
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-505_Passing_Requirements,_Duty_Of_Overtaken_Vehicle){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No vehicle shall be driven to the left side of the center of the
roadway in overtaking and passing another vehicle proceeding in the
same direction unless such left side is clearly visible and is free
of oncoming traffic for a sufficient distance ahead to permit such
overtaking and passing to be completely made without interfering
with the safe operation of any vehicle approaching from the opposite
direction or any vehicle overtaken. The overtaking vehicle must
return to the roadway before coming within 100 feet of any vehicle
approaching from the opposite direction.
2. Except as provided elsewhere in this chapter, the driver of a
vehicle overtaking another vehicle proceeding in the same direction
shall pass to the left thereof at a safe distance, and shall not
again drive to the right side of the roadway until safely clear of
the overtaken vehicle.
3. Every driver who intends to pass another vehicle proceeding in the
same direction, which requires movement of his vehicle from one lane
of traffic to another, shall first see that such movement can be
made with safety and shall proceed to pass only after giving a
proper signal by hand or mechanical device.
4. Except when overtaking and passing on the right is permitted, the
driver of an overtaken vehicle shall give way to the right in favor
of the overtaking vehicle on audible signal, and shall not increase
the speed of his vehicle until completely passed by the overtaking
vehicle.
**State Law reference**--- Similar provisions, 47 O.S. § 11-305.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-506 Passing
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-506_Passing_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No vehicle shall at any time be driven to the left side of the
roadway under the following conditions:
1. When approaching the crest of a grade or upon a curve in the
highway where the driver\'s view is obstructed within such
distance as to create a hazard in the event another vehicle
might approach from the opposite direction;
2. When traversing an intersection or railroad grade crossing; or
3. When the view is obstructed upon approaching within 100 feet of
any bridge, viaduct or tunnel.
2. It is a violation to pass on the left by going to the left of the
center of the roadway across a double-marked centerline for the
purpose of passing a vehicle traveling in the same direction.
3. This section shall not apply upon a one-way roadway.
**State Law reference**--- Similar provisions, 47 O.S. § 11-306.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-507 Designation Of No-Passing
Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-507_Designation_Of_No-Passing_Zones){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The state department of transportation as regards state and federal
highways, and the city manager, subject to direction of the council,
as regards all other streets, are authorized to determine those
portions of a highway where overtaking and passing or driving to the
left of the roadway would be especially hazardous and shall, by
appropriate signs or markings on the roadway, have the beginning and
end of such zones indicated. When such signs or markings are in
place and clearly visible to an ordinarily observant person, every
driver of a vehicle shall obey the directions thereof.
2. Where signs or markings are in place to define a no-passing zone, no
driver shall at any time drive to the left side of the roadway
within such no-passing zone or on the left side of any pavement
stripping designed to mark such no-passing zone through its length.
**State Law reference**--- Similar provisions, 47 O.S. § 11-307.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-508 School Buses; Markings; Passing
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-508_School_Buses;_Markings;_Passing_Regulations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The driver of a vehicle upon any street or highway in the city upon
meeting or overtaking from either direction any school bus on which
the red loading signals are in operation and which has stopped for
the purpose of receiving or discharging any school children and
other occupants shall stop the vehicle before it reaches the school
bus. The driver may then proceed to pass such school bus at a speed
which is reasonable and prudent and with due caution for the safety
of such school children and other occupants after the loading
signals are deactivated.
2. Every school bus used for the transportation of school children
shall bear upon the front and rear thereof plainly visible signs
containing the words \"School Bus\" in letters not less than eight
inches in height and, in addition, shall be equipped with visual
signs meeting the requirements of state law which shall be actuated
by the driver of the school bus whenever, but only whenever, such
vehicle is stopped on a street or highway for the purpose of
receiving or discharging school children.
3. The driver of a vehicle upon a street or highway with separate
roadways need not stop upon meeting or passing a school bus which is
on a different roadway or when upon a controlled-access highway and
the school bus is stopped in a loading zone which is part of or
adjacent to such street or highway and where pedestrians are not
permitted to cross the roadway.
**State Law reference**--- Similar provisions, 47 O.S. § 11-705.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-509 Driving On Laned Roadways, Marking Traffic
Lanes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-509_Driving_On_Laned_Roadways,_Marking_Traffic_Lanes){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city manager, subject to direction of the council, is authorized
to have traffic lanes marked upon the roadway or any street where a
regular alignment of traffic is necessary.
2. Whenever any roadway has been divided into two or more clearly
marked lanes for traffic, the following rules, in addition to all
others consistent herewith, shall apply:
1. A vehicle shall he driven as nearly as practicable entirely
within a single lane and shall not be moved from such lane until
the driver has first ascertained that such movement can be made
with safety and has properly signaled his intentions to do so;
2. Upon a roadway which is divided into three lanes, a vehicle
shall not be driven in the center lane except when overtaking
and passing another vehicle where the roadway is clearly visible
and such center lane is clear of traffic within a safe distance,
or in preparation for a left turn, or where such center lane is
at the time allocated exclusively to traffic moving in the
direction the vehicle is proceeding and is sign posted to give
notice of such allocation; and
3. Official signs may be erected directing slow-moving traffic to
use a designated lane or designating those lanes to be used by
traffic moving in a particular direction regardless of the
center of the roadway, and drivers of vehicles shall obey the
directions of every such sign.
3. Where traffic lanes have been marked, no operator of any vehicle
shall fail or refuse to keep the vehicle within the boundaries of
any such lane except when lawfully passing another vehicle or
preparatory to making lawful turning movement or otherwise
authorized by ordinance.
**State Law reference**--- Similar provisions, 47 O.S. § 11-309.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-510 Driving On Divided
Highways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-510_Driving_On_Divided_Highways){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whenever any highway has been divided into two or more roadways by
leaving an intervening space or by a physical barrier or clearly
indicated dividing section so constructed as to impede vehicular
traffic, every vehicle shall be driven only upon the right-hand roadway
unless directed or permitted to use another roadway by official
traffic-control devices or peace officers. No vehicle shall be driven
over, across or within any such dividing space, barrier or section,
except through a permanent opening in the dividing space, barrier or
section or at a permanent cross-over or intersection as established
unless specifically prohibited by public authority. No vehicle shall be
driven over, across or within any temporary opening in a dividing space,
barrier or section or at a temporary cross-over or intersection unless
specifically authorized by a public authority or at the direction of a
peace officer.
**State Law reference**--- Similar provisions, 47 O.S. § 11-311.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-511 Following Too
Closely](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-511_Following_Too_Closely){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The driver of a motor vehicle shall not follow another vehicle more
closely than is reasonable and prudent, having due regard to the speed
of such vehicles and the traffic upon and the condition of the highway.
Such driver following too closely shall be deemed negligent.
**State Law reference**--- Similar provisions, 47 O.S. § 11-310.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-512 Restricted-Access
Roadways](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-512_Restricted-Access_Roadways){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall drive a vehicle onto or from any controlled-access
roadway except at such entrances and exits as are established by public
authority.
**State Law reference**--- Similar provisions, 47 O.S. § 11-312.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-513 Driving Through Service
Drives](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-513_Driving_Through_Service_Drives){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No vehicle shall he driven through any service drive or parking area
except for the purpose of attaining service or merchandise or for the
purpose of parking thereon.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-514 Reckless
Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-514_Reckless_Driving){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It shall be deemed reckless driving for any person to drive a motor
vehicle in a careless or wanton manner without regard for the safety
of persons or property.
2. Any person convicted of violating this section shall be punished by
a fine not to exceed \$500.00 and shall pay court costs.
**State Law reference**--- Similar provisions, 47 O.S. § 11-901.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
Amended by Ord.
[1026.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1026.23.pdf){.k-link
target="_blank" style="color:#0000EE"} on 6/5/2023\
*
:::
::: phx-name
[Sec 15-515 Careless Or Negligent
Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-515_Careless_Or_Negligent_Driving){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall drive, use, operate, park, cause to be parked, or
stop any vehicle:
1. In a careless manner;
2. In a negligent manner;
3. In such a manner as to endanger life, limb, person or property;
or
4. In such a manner or condition as to interfere with the lawful
movement of traffic or use of the streets.
2. Every driver of a motor vehicle shall, upon stopping, or upon
stopping and leaving the vehicle, park the same in a careful and
prudent manner and place so as not to interfere with the operation
of other vehicles or with pedestrians or other traffic. Failure to
comply with these requirements shall he deemed careless driving in
violation of this section.
3. Any driver who operates or continues to operate his vehicle when any
other person riding thereon or therein engages in any activity or
does any act which interferes with his operation thereof is guilty
of careless driving.
4. A driver of a motor vehicle who collides with another vehicle or
with any person or property because of driving error is guilty of
careless driving.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-516 Inattention To Driving; Texting While
Driving](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-516_Inattention_To_Driving;_Texting_While_Driving){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every driver shall remain alert and give full attention to the safe
control and operation of his vehicle while it is in motion. Any
driver who engages in any activity or does any act while driving
that interferes with the safe operation and control of his vehicle
is guilty of inattention to driving. A driver of a motor vehicle who
collides with another vehicle or with any person or property because
of inattention is guilty of careless driving.
2. It shall be unlawful for any person to operate a motor vehicle on
any street or highway within the city while using a hand-held
electronic communication device to manually compose, send or read an
electronic text message while the motor vehicle is in motion.
3. Any person who violates the provisions of subsection (A) of this
section shall, upon conviction, be punished by a fine of not more
than \$100.00 or the maximum designated by state law.
4. The provisions of subsection (B) of this section shall not apply if
the person is using a cellular or electronic device for the sole
purpose of communicating with any of the following regarding an
imminent emergency situation:
1. An emergency responder;
2. A hospital, physician\'s office or health clinic;
3. A provider of ambulance services;
4. A provider of firefighting services; or
5. A law enforcement agency.
5. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:\
\
*Cellular telephone* means an analog or digital wireless telephone
authorized by the Federal Communications Commission to operate in
the frequency bandwidth reserved for cellular telephones.\
\
*Compose, send* or *read*, with respect to a text message, means the
manual entry, sending or retrieval of a text message to communicate
with any person or device.\
*\
Electronic communication device* means an electronic device that
permits the user to manually transmit a communication of written
text by means other than through an oral transfer or wire
communication. The term \"electronic communication device\" does not
include a device that is physically or electronically integrated
into a motor vehicle or a voice-operated global positioning or
navigation system that is affixed to a motor vehicle, or a
hands-free device that allows the user to write, send or read a text
message without the use of either hand except to activate,
deactivate or initiate a feature or function.\
\
*Text message* includes a text-based message, instant message,
electronic message, photo, video, or electronic mail.
**State Law reference**--- Similar provisions, 47 O.S. § 11-901d.
::: phx-docs
HISTORY\
*Adopted by Ord.
[808(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327005_Ordinance%20No.%20808%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/19/2015\
Amended by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-517 Driving Over Fire
Hose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-517_Driving_Over_Fire_Hose){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No vehicle shall be driven over any unprotected hose of a fire
department when laid down on any street or private driveway, to be used
at any fire or alarm of fire, without the consent of the fire department
official in command.
**State Law reference**--- Driving over fire hose, 47 O.S. § 11-1109.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-518 Following Fire Or Emergency
Apparatus](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-518_Following_Fire_Or_Emergency_Apparatus){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The driver of any vehicle other than one on official business shall
not follow any fire apparatus traveling in response to a fire alarm
closer than 500 feet or drive into or park such vehicle within the
block where fire apparatus has stopped in answer to a fire alarm.
2. The driver of any vehicle other than one on official business shall
not follow any emergency vehicle or shall not purposely drive to any
location on a highway where an emergency exists which would
interfere with the free movement of authorized emergency vehicles or
any other traffic using the highway at that location. For the
purpose of this subsection the definition of emergency shall include
traffic accidents, airplane accidents, disasters, explosions, civil
disturbances and (without limitation by the foregoing) any other
related circumstances which tend to cause traffic congestion. The
purpose of this subsection is to eliminate sightseers and other
persons who do not have official business at the scene of an
emergency, and whose presence would tend to cause traffic
congestion.
(Ord. No. 506, 2-5-1990)
**State Law reference**--- Similar provisions, 47 O.S. § 11-1108.
::: phx-docs
HISTORY\
*Amended by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-519 Procedure On Approach Of Emergency
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-519_Procedure_On_Approach_Of_Emergency_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Upon the immediate approach of an authorized emergency vehicle
making use of audible and visual signals meeting the requirements of
the laws of the state, or of a police vehicle properly and lawfully
making use of an audible signal only, the driver of every other
vehicle shall yield the right-of-way and shall immediately drive to
a position parallel to, and as close as possible to, the right-hand
edge or curb of the roadway clear of any intersection, and shall
stop and remain in such position until the authorized emergency
vehicle has passed, except when otherwise directed by a police
officer.
2. This section shall not operate to relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard
for the safety of all persons using the highway.
**State Law reference**--- Similar provisions, 47 O.S. § 11-405.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-520 Driving Under The Influence While Under
Age](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-520_Driving_Under_The_Influence_While_Under_Age){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful, and punishable as provided in subsection (C) of this
section, for any person under 21 years of age to drive, operate, or
be in actual physical control of a motor vehicle within the state
who:
1. Has any measurable quantity of alcohol in the person\'s blood or
breath at the time of a test administered within two hours after
an arrest of the person;
2. Exhibits evidence of being under the influence of any other
intoxicating substance as shown by analysis of a specimen of the
person\'s blood, breath, saliva, or urine in accordance with the
provisions of 47 O.S. §§ 752 and 759; or
3. Exhibits evidence of the combined influence of alcohol and any
other intoxicating substance.
2. As used in this section, the term \"other intoxicating substance\"
means any controlled dangerous substance as defined in 63 O.S. §
2-101 et seq., or any other substance, other than alcohol, which is
capable of being ingested, inhaled, injected, or absorbed into the
human body and is capable of adversely affecting the central nervous
system, vision, hearing, or other sensory or motor function.
3. Any person under 21 years of age who violates any provisions of
subsection (A) of this section shall, upon conviction, be guilty of
driving under the influence while under age. A violator shall be
punished for a first offense by a fine of not less than \$100.00 nor
more than \$200.00 or by completion of 20 hours of community
service, or by requiring the person to attend and complete a
treatment program, or by any combination of fine, community service,
or treatment.
1. The court may assess additional community service hours in lieu
of any fine specified in this section.
2. In addition to any penalty imposed pursuant to the provisions of
this section, the person may be subject to:
1. The cancellation or denial of driving privileges as ordered
by the court pursuant to 47 O.S. § 6-107.1;
2. The seizure of the driver\'s license at the time of arrest
or detention, and the administrative revocation of driving
privileges by the department of public safety pursuant to 47
O.S. § 754; and
3. The mandatory revocation of driving privileges pursuant to
47 O.S. § 6-205.1, which revocation period may be modified
as provided by law.
4. Nothing in this section shall be construed to prohibit the filing of
charges pursuant to 47 O.S. § 761 or 47 O.S. § 11-902 when the facts
warrant.
5. When the municipal court has determined that a person under the age
of 18 years has committed any offense described in subsection (A) of
this section, or that a person 18, 19, or 20 years of age has
committed an offense described in this section, the court shall
notify the department of public safety on a form prescribed by the
department as provided in 47 O.S. § 6-107.2.
6. The notice shall include the name, date of birth, physical
description and, if known, the driver\'s license number of the
person. The notice shall contain a recommendation to the department
to cancel or deny driving privileges for a specified period of time,
in the discretion of the court, except as otherwise provided by law,
as follows:
1. For a period not to exceed six months;
2. For a period not to exceed one year;
3. For a period not to exceed two years; or
4. Until the person attains 21 years of age.\
The court shall send a copy of the notice to the person first
class, postage prepaid.
7. In addition to the administrative revocation of driving privileges
pursuant to 47 O.S. § 754 and the mandatory revocation of driving
privileges pursuant to 47 O.S. § 6-205.1, this section applies to
any crime, violation, infraction, traffic offense or other offense
involving or relating to the possession, use, sale, purchase,
transportation, distribution, manufacture, or consumption of beer,
alcohol, or any beverage containing alcohol and to any crime,
violation, interaction, traffic offense or other offense involving
or relating to the possession, use, sale, purchase, transportation,
consumption, ingestion, inhalation, injection, or absorption of any
controlled dangerous substance as defined by 63 O.S. § 2-101(8) or
any substance which is capable of being ingested, inhaled, injected,
or absorbed into the human body and is capable of adversely
affecting the central nervous system, vision, hearing, or other
sensory or motor functions.
8. Any person whose driving privileges are canceled or denied pursuant
to this section may file a petition for relief based upon error or
hardship pursuant to 47 O.S. § 6-107.2.
**State Law reference**--- Similar provisions, 47 O.S. § 11-906.4.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-521 Driver\'s License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-521_Driver's_License_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall drive or operate any motor vehicle on any public roadway
within the city unless such person has a current, not suspended or
revoked, valid driver\'s or chauffeur\'s license as required by state
law.
**State Law reference**--- Similar provisions, 47 O.S. § 6-303.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-522 Driving While License Suspended, Use Of False
License](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-522_Driving_While_License_Suspended,_Use_Of_False_License){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall:
1. Display or cause or permit to be displayed or have in his
possession any cancelled, revoked, suspended, fictitious, photo
static or fraudulently altered operator\'s or chauffeur\'s
license;
2. Lend his operator\'s or chauffeur\'s license to any other person
or knowingly permit the use thereof by another;
3. Display or represent as his own any operator\'s or chauffeur\'s
license not issued to him; or
4. Permit any unlawful use of an operator\'s or chauffeur\'s
license issued to him.
2. No person shall drive a motor vehicle on any public street within
the city at a time when his privilege to do so is cancelled,
suspended or revoked. This includes persons who operate a motor
vehicle with a suspended set-up number that has been issued by the
department of public safety.
**State Law reference**--- Similar provisions, 47 O.S. §§ 6-303, 6-305.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-523 Permitting Unlicensed Person To
Drive](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-523_Permitting_Unlicensed_Person_To_Drive){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall authorize or knowingly permit a motor vehicle owned by
him or under his control to be driven upon any street in the city by any
person who is not authorized or licensed to drive a motor vehicle under
the laws of the state or under the laws of the state of the driver\'s
residence of record.
**State Law reference**--- Similar provisions, 47 O.S. § 6-305.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-524 Driving Through Funeral
Processions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-524_Driving_Through_Funeral_Processions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No driver of a vehicle shall drive between the vehicles comprising a
funeral or other authorized procession while they are in motion and
when such vehicles are conspicuously designated as required in this
chapter.
2. This section shall not apply at intersections where traffic is
controlled by police officers.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-525 Driving In Funeral
Procession](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-525_Driving_In_Funeral_Procession){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Each driver in a funeral or other procession shall drive as near to the
right-hand edge of the roadway as practicable except when otherwise
directed or escorted by a police officer. Each driver shall follow the
vehicle ahead as closely as is practicable and safe and at a speed as
designated by the escort for the procession.
**State Law reference**--- Similar provisions, 47 O.S. § 11-315.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-526 Identification Of Funeral
Processions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-526_Identification_Of_Funeral_Processions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A funeral composed of a procession of vehicles shall be identified by
headlights turned on or by the display upon the outside of each vehicle
an identifying insignia or by such other method as may be determined and
designated by the police department.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-527 Use Of Roller Skates, Coasters, Skateboards On
Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-527_Use_Of_Roller_Skates,_Coasters,_Skateboards_On_Roadway){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall operate, ride upon, or propel any roller skates,
coasters, skateboards, toy vehicles or similar devices on or over
any of the following places:
1. On any roadway within the city except while crossing a street in
a crosswalk;
2. On any sidewalk or street abutting a business within the city,
including, but not limited to, parking areas and sidewalks used
for ingress and egress to any place of business;
3. On any public property where signs are posted prohibiting such
use, such as parking lots, bicycle or jogging paths;
4. In any concrete or asphalt drainage ways, storm sewers or
culverts (whether posted or not); or
5. On private property where a sign prohibiting such items or
activity has been posted by the owner, lessee, or person in
charge of the property.
2. Operators of roller skates, coasters, skateboards, toy vehicles or
similar devices shall yield the right-of-way to other pedestrians
using public walkways and shall not otherwise endanger or interfere
with pedestrian traffic on those walkways.
3. The provisions of subsection (A) of this section shall not apply to
any public street, sidewalk, alley, plaza or parking, which has been
closed or set aside for the purpose of a community event,
celebration or festival for which a revocable permit has been
approved and the use of such items or activity has been approved.
4. The enforcement officer may issue a warning on a first offense when
in the judgment of the enforcement officer a warning will be
sufficient to alleviate the problem. If an offender is under the age
of 18 years, a parent or guardian of the offender shall be notified
and shall be mailed or handed a copy of the written warning or
citation.
5. Any person found guilty of this section shall be punished as
provided in section 1-108.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-528 Play Streets
Authorized](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-528_Play_Streets_Authorized){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager, subject to direction by the council, if any, shall
have authority to declare any street or part thereof a play street and
have placed appropriate signs or devices in the roadway indicating and
helping to protect the same.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-529 Use Of Play Streets By Motor
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-529_Use_Of_Play_Streets_By_Motor_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whenever authorized signs are erected indicating any street or part
thereof as a play street, no person shall drive a vehicle upon any such
street or portion thereof except drivers of vehicles having business or
whose residences are within such closed area, and then such drivers
shall exercise the greatest care in driving upon any such street or
portion thereof.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-530 Obstructing Intersection Or
Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-530_Obstructing_Intersection_Or_Crosswalk){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No driver shall enter an intersection or a marked crosswalk unless there
is sufficient space on the other side of the intersection or crosswalk
to accommodate the vehicle he is operating without obstructing the
passage of other vehicles or pedestrians, notwithstanding any
traffic-control signal indication to proceed.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-531 Driving On Sidewalk
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-531_Driving_On_Sidewalk_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Except as provided in 47 O.S. § 11-805.3, the driver of a vehicle shall
not drive upon a sidewalk or within any sidewalk area except at a
permanent or temporary driveway.
**State Law reference**--- Power of city to prohibit driving on
sidewalks, 11 O.S. § 22-117.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-532 Driving In Public Parks And Other Properties
Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-532_Driving_In_Public_Parks_And_Other_Properties_Restricted){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall drive, operate or propel a motor vehicle or
motor-driven cycle, including a motor scooter or motor-driven
bicycle, in any park, public property or right-of-way or easement,
within or owned by the city, except upon established roadways or
roadways designed for vehicular traffic. A vehicle may be driven a
reasonable distance from the roadway for the purpose of going to and
from a parking place.
2. No person shall drive, operate or propel a motor vehicle or
motor-driven cycle past any barrier, sign or other device indicating
that vehicular traffic is prohibited in, upon or through any area
upon which vehicular traffic is prohibited.
3. Emergency vehicles are exempt from the provisions of this section.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-533 Driving On Property Without
Permission](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-533_Driving_On_Property_Without_Permission){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful for any person to operate any motor vehicle of any
size driven by a motor of any size on or within any private property
except where the operator of the motor vehicle has first obtained
the consent of the owner of the property in writing.
2. Motor driven vehicles may be driven a reasonable distance from the
street only when the operator is going to or from a parking stall or
space. Emergency vehicles such as police, fire, civil defense or
other emergency motor driven vehicles are exempt from the provisions
of this section.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-534 Starting Stopped Or Parked
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-534_Starting_Stopped_Or_Parked_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall start a vehicle which is stopped, standing or parked
unless and until such movement can be made with reasonable safety.
**State Law reference**--- Similar provisions, 47 O.S. § 11-603.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-535 Backing Of
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-535_Backing_Of_Vehicle){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The driver of a vehicle shall not back the same unless such movement can
be made without interfering with other traffic. No vehicle shall be
backed upon any street except for such distance as may be necessary to
permit the vehicle to enter the proper driving lane from a parked
position. Such backing shall be done only after the driver of the
vehicle has ascertained that such movement can be made without
endangering other traffic.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1102.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-536 Opening And Closing Vehicle
Door](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-536_Opening_And_Closing_Vehicle_Door){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall open the door of a motor vehicle on the side available
to moving traffic unless and until it is reasonably safe to do so. No
person shall leave a door open on the side of a motor vehicle available
to moving traffic to load or unload passengers.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1105.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-537 Obstructions To Driver\'s View, Number In Front Seat;
Overloading School
Bus](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-537_Obstructions_To_Driver's_View,_Number_In_Front_Seat;_Overloading_School_Bus){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall drive a vehicle when it is so loaded or when there
are in the front seat such a number of persons, exceeding three, as
to obstruct the view of the driver to the front or sides of the
vehicle or as to interfere with the driver\'s control over the
driving mechanism of the vehicle.
2. No passenger in a vehicle shall ride in such position as to
interfere with the driver\'s view ahead or to the sides or to
interfere with his control over the driving mechanism of the
vehicle.
3. No school bus shall be operated on the streets or highways in the
state when loaded with passengers in excess of the number for which
such bus is designed to carry. The number of passengers determined
by the local school board which the bus is designed to carry shall
be posted in a conspicuous place on the bus.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-538 Clinging To
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-538_Clinging_To_Vehicle){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person riding upon any bicycle, motorized scooter, coaster, roller
skates, sled or toy vehicle shall attach the same or himself to any
vehicle upon a roadway.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1204.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-539 Boarding Or Alighting From Moving
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-539_Boarding_Or_Alighting_From_Moving_Vehicle){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall board or alight from any vehicle while such vehicle is
in motion.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-540 Riding Outside Vehicle
Compartment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-540_Riding_Outside_Vehicle_Compartment){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No operator of a motor vehicle shall allow a passenger to ride
outside the passenger compartment of the vehicle on the streets of
the city, provided this subsection shall not apply to persons so
riding on private property or for parades or special events, while
in the parade procession, nor shall this section apply to passengers
riding while sitting or kneeling on the floor of the bed of a pickup
truck. Any person convicted of violating the provisions of this
subsection shall be punished by a fine of \$10.00 and shall pay
court costs of \$15.00, provided the department of public safety
shall not assess points to the driving record of any licensed or
unlicensed person convicted of a violation of this section.
2. No person shall ride, hang, or stand outside the passenger
compartment of any vehicle while on the streets of the city, except
this section shall not apply to persons so riding on private
property or for parades or special events, while in the parade
procession, nor shall this section apply to persons riding as a
passenger in the bed of a pickup truck so long as the person is
kneeling or sitting on the floor of the bed of the pickup truck.
3. This section shall not apply to employees engaged in the necessary
discharge of duties while riding in the space of a truck intended
for merchandise.
(Ord. No. 30(92), 7-20-1992)
**State Law reference**--- Similar provisions, 47 O.S. § 11-1114.
::: phx-docs
HISTORY\
*Amended by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-541 Driving Through Safety
Zone](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-541_Driving_Through_Safety_Zone){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No vehicle shall at any time be driven through or within a safety zone
or island.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1301.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-542 Child Passenger Restraint System Or Seat Belt Required;
Exceptions;
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-542_Child_Passenger_Restraint_System_Or_Seat_Belt_Required;_Exceptions;_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:\
*Child passenger restraint system* means an infant or child
passenger restraint system that meets the federal standards as set
by 49 CFR 571.213.
2. Every driver when transporting a child under eight years of age in a
motor vehicle operated on the roadways, streets, or highways of the
state, shall provide for the protection of said child by properly
using a child passenger restraint system as follows:
1. A child under four years of age shall be properly secured in a
child passenger restraint system. The child passenger restraint
system shall be rear-facing until the child reaches two years of
age or until the child reaches the weight or height limit of the
rear-facing child passenger restraint system, whichever occurs
first.
2. A child at least four years of age but younger than eight years
of age, if not taller than four feet nine inches in height,
shall be properly secured in either a child passenger restraint
system or child booster seat.
3. If a child is eight years of age or is taller than four feet
nine inches in height, a seat belt properly secured to the
vehicle shall be sufficient to meet the requirement of this
section.
3. This section shall not apply to:
1. The driver of a school bus, taxicab, moped, motorcycle, or other
motor vehicle not required to be equipped with safety belts
pursuant to city ordinance, state statute, or federal law;
2. The driver of an ambulance or emergency vehicle;
3. A driver of a vehicle if all of the seat belts in the vehicle
are in use;
4. The transportation of children who for medical reasons are
unable to be placed in such devices, provided there is written
documentation from a physician of such medical reason;
5. The transportation of a child who weighs more than 40 pounds and
who is being transported in the back seat of a vehicle while
wearing only a lap safety belt when the back seat is not
properly equipped with combination lap and shoulder safety
belts, or when the combination lap and shoulder safety belts in
the back seat are being used by other children who weigh more
than 40 pounds; provided, however, for purposes of this
subsection, the term \"back seat\" shall include all seats
located behind the front seat of a vehicle operated by a
licensed child care facility or church; Provided further, there
shall be a rebuttable presumption that a child has met the
weight requirements of this subsection if, at the request of any
law enforcement officer, the licensed child care facility or
church provides the officer with a written statement verified by
the parent or legal guardian that the child weighs more than 40
pounds.
4. A law enforcement officer is hereby authorized to stop a vehicle if
it appears that the driver of the vehicle has violated the provision
of this section and to give an oral warning to the driver. The
warning shall advise the driver of the possible danger to children
resulting from the failure to install or use a child passenger
restraint system or seat belts in the motor vehicle.
5. A violation of the provisions of this section shall not be
admissible as evidence in any civil action or proceeding for
damages. In any action brought by or on behalf of an infant for
personal injuries or wrongful death sustained by motor vehicle
collision, the failure of any person to have the infant properly
restrained in accordance with the provisions of this section shall
not be used in aggravation or mitigation of damages.
6. Any person convicted of violating this section shall be punished by
a fine of \$50.00, or the maximum amount allowed by state law,
whichever is greater, and shall pay court costs. This fine shall be
suspended in the case of the first offense upon proof of purchase or
acquisition by loan of a child passenger restraint system. The fine
need not be suspended if the child was being transported in a motor
vehicle already equipped with a child passenger restraint system.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1112.
::: phx-docs
HISTORY\
*Adopted by Ord.
[809(15)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601327074_Ordinance%20No.%20809%20(15).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/19/2015\
Amended by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-543 Seat Belts Required For Front Seat Passengers;
Exceptions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-543_Seat_Belts_Required_For_Front_Seat_Passengers;_Exceptions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every operator and front seat passenger of a Class A commercial
motor vehicle, Class B commercial motor vehicle, Class C commercial
motor vehicle or a passenger car operated in the city shall wear a
properly adjusted and fastened safety seat belt system, required to
be installed in the motor vehicle when manufactured pursuant to
Federal Motor Vehicle Safety Standard 208. For the purposes of this
section, the term \"passenger car\" shall mean a Class D motor
vehicle, but shall not include trucks, truck-tractors, recreational
vehicles, motorcycles, motorized bicycles or vehicles used primarily
for farm use and licensed pursuant to 47 O.S. § 1134.
2. This section shall not apply to an operator or passenger of a
passenger car in which the operator or passenger possesses a written
verification from a physician licensed in the state that he is
unable to wear a safety seat belt system for medical reasons. The
issuance of such verification by a physician, in good faith, shall
not give rise to, nor shall such physician thereby incur, any
liability whatsoever, in damages or otherwise, to any person injured
by reason of such failure to wear a safety seat belt system.
3. This section shall not apply to an operator of a motor vehicle who
is a route carrier of the U.S. Postal Service.
4. Any person convicted of violating this section shall be punished by
a fine of \$20.00, or the maximum amount allowed by state law,
whichever is greater.
(Ord. No. 423, 2-2-1987)
**State Law reference**--- Similar provisions, 47 O.S. § 12-417.
::: phx-docs
HISTORY\
*Amended by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-544 Certain Vehicles To Stop At All Railroad
Crossings](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-544_Certain_Vehicles_To_Stop_At_All_Railroad_Crossings){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The driver of any motor vehicle carrying passengers for hire, or of
any school bus carrying any school child, or of any vehicle carrying
explosive substances or flammable liquids as a cargo or part of a
cargo, before crossing at grade any track or tracks of a railroad,
shall stop such vehicles within 50 feet but not less than 15 feet
from the nearest rail of such railroad, and while so stopped, shall
listen and look in both directions along such track for any
approaching train and for signals indicating the approach of a
train, except as hereinafter provided, and shall not proceed until
he can do so safely. After stopping as required herein and upon
proceeding when it is safe to do so, the driver of any such vehicle
shall cross only in such gear of the vehicle that there will be no
necessity for changing gears while traversing such crossing, and the
driver shall not shift gears while crossing the track or tracks.
2. No stop need be made at any such crossing where a police officer or
traffic-control signals direct traffic to proceed.
**State Law reference**--- Similar provisions, 47 O.S. § 11-702.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-545 Approaching Stationary Emergency Vehicle Displaying Flashing
Lights](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-545_Approaching_Stationary_Emergency_Vehicle_Displaying_Flashing_Lights){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The driver of a motor vehicle, upon approaching a stationary authorized
emergency vehicle that is displaying a flashing combination red or blue
light or any combination of red or blue lights, shall:
1. If traveling on a highway that consists of two or more lanes that
carry traffic in the same direction of travel as that of the driver,
the driver shall proceed with due caution and shall, if possible and
with due regard to the road, weather, and traffic conditions, change
lanes into a lane that is not adjacent to the stationary authorized
emergency vehicle; or if the driver is not able to change lanes or
if to do so would be unsafe, the driver shall proceed with due
caution and reduce the speed of the motor vehicle to a safe speed
for the existing road, weather, and traffic conditions; and
2. If traveling on a highway other than a highway described in
subsection (A) of this section, the driver shall proceed with due
caution and reduce the speed of the motor vehicle to a safe speed
for the existing road, weather, and traffic conditions.
**State Law reference**--- Similar provisions, 47 O.S. § 11-314.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-546 Procedures For Motor Vehicles Required To Merge In
Maintenance And Construction
Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-546_Procedures_For_Motor_Vehicles_Required_To_Merge_In_Maintenance_And_Construction_Zones){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. When any highway has been closed to traffic while the highway is
flooded or under repair, maintenance or construction and
traffic-control devices or barricades have been erected, it shall be
unlawful for any person to drive any vehicle through, under, over,
or around the traffic-control devices or barricades, or otherwise to
enter the closed area. The provisions of this subsection shall not
apply to persons while engaged in the construction, maintenance and
repair of the highway or to persons entering therein for the
protection of lives or property, provided that persons having their
places of residence or places of business within the closed area may
travel, when possible to do so, through the area at their own risk.
2. Whenever construction, repair and maintenance of any highway is
being performed under traffic, the city or other authority shall
erect, or cause to be erected, traffic-control devices to warn and
guide the public. Each person using the highway shall obey all
signs, signals, markings, flagmen or other traffic-control devices
which are placed to regulate, control, and guide traffic through the
construction or maintenance area. As used in this subsection, the
term \"construction or maintenance area\" means any area upon or
around any highway that is visibly marked as an area where
construction, repair, and maintenance is temporarily occurring. The
construction or maintenance area also includes the lanes of highway
leading up to the area upon which an activity described in this
section is being performed, beginning at the point where properly
posted traffic-control devices start to warn and guide the public
into and through the construction or maintenance, including, but not
limited to, instructions to merge from one lane into another lane,
to reduce speed, or to follow directions of flagmen.
3. The \"Merge Now\" traffic-control device that is used to warn and
guide the public using the highway to merge, shall be located no
greater than one mile nor less than 1,500 feet in advance of the
highway construction or maintenance area. Whenever any
traffic-control device requires traffic to merge due to the closure
of a section or lane of highway, the merge shall be completed:
1. As soon as practicable after passing the traffic-control device;
and
2. Without passing any other traffic proceeding in the same
direction.
4. No person shall remove, change, modify, deface or alter any
traffic-control device or barricade which has been erected on any
highway under the provisions of this section.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1302.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-6 STOPPING, STANDING AND
PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-6_STOPPING,_STANDING_AND_PARKING){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[ARTICLE 15-6A PARKING
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6A_PARKING_REGULATIONS){.k-link
target="_blank" style="color:#0000EE"}\
[ARTICLE 15-6B MANNER OF
PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6B_MANNER_OF_PARKING){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[ARTICLE 15-6A PARKING
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6A_PARKING_REGULATIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 15-601 Stopping, Standing Or Parking Prohibited In Certain
Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-601_Stopping,_Standing_Or_Parking_Prohibited_In_Certain_Places){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-602 Handicapped Parking
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-602_Handicapped_Parking_Restrictions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-603 Parking Not To Obstruct Traffic Or
Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-603_Parking_Not_To_Obstruct_Traffic_Or_Signs){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-604 Parking For Certain Purposes
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-604_Parking_For_Certain_Purposes_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-605 Double
Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-605_Double_Parking){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-606 Removing Enforcement
Marking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-606_Removing_Enforcement_Marking){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-607 Standing Or Parking On Left Side Of
Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-607_Standing_Or_Parking_On_Left_Side_Of_Roadway){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-608 Parking On Private Property; Impounding Of
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-608_Parking_On_Private_Property;_Impounding_Of_Vehicle){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-609 Driving Or Parking On Commercial Business Property
Restricted;
Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-609_Driving_Or_Parking_On_Commercial_Business_Property_Restricted;_Signs){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-610 Parking More Than 24
Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-610_Parking_More_Than_24_Hours){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-611 Unattended
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-611_Unattended_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-612 Authority To Restrict Parking
Time](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-612_Authority_To_Restrict_Parking_Time){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-613 Parking In Private Parking Spaces Without Permission Of
Owner](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-613_Parking_In_Private_Parking_Spaces_Without_Permission_Of_Owner){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-614 Prohibiting Parking Within Fire Lanes On Certain Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-614_Prohibiting_Parking_Within_Fire_Lanes_On_Certain_Private_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-615 Limiting Parking To Authorized Emergency
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-615_Limiting_Parking_To_Authorized_Emergency_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-601 Stopping, Standing Or Parking Prohibited In Certain
Places](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-601_Stopping,_Standing_Or_Parking_Prohibited_In_Certain_Places){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Except as otherwise provided in subsection (B) of this section, no
person shall stop, stand or park a vehicle, except when necessary to
avoid conflict with other traffic or in compliance with law or the
directions of a police officer or traffic-control device, in any of
the following places:
1. On a sidewalk;
2. In front of a public or private driveway;
3. Within 15 feet of a fire hydrant;
4. Within an intersection;
5. On a crosswalk;
6. Within 20 feet of a crosswalk at an intersection;
7. Within 30 feet upon the approach to any flashing beacon, stop
sign or traffic-control signal located at the side of a roadway;
8. Between a safety zone and the adjacent curb or within 30 feet of
points on the curb immediately opposite the ends of a safety
zone, unless the authority having jurisdiction indicates a
different length by signs or marking;
9. Within 50 feet of the nearest rail of a railroad crossing;
10. Within 20 feet of the driveway entrance to any fire station and
on the side of a street opposite the entrance to any fire
station within 75 feet of said entrance (when properly
signposted);
11. Alongside or opposite any street excavation or obstruction when
stopping, standing or parking would obstruct traffic;
12. On the roadway side of any vehicle stopped or parked at the edge
or curb of a street;
13. Upon any bridge or other elevated structure upon a highway or
within a highway underpass;
14. At any place where official signs prohibit stopping.
2. No person engaging in the collection and disposal of solid waste or
recycling material, or both, as a business, pursuant to the
provisions of the Oklahoma Solid Waste Management Act (27A O.S. §
2-10-101 et seq.), shall stop, stand or park a vehicle, except when
necessary to avoid conflict with other traffic or in compliance with
law or the directions of a police officer or traffic-control device,
in any of the following places:
1. On a sidewalk;
2. Within an intersection;
3. Alongside or opposite any street excavation or obstruction when
stopping, standing or parking would obstruct traffic;
4. Upon any bridge or other elevated structure upon a highway or
within a highway underpass; or
5. At any place where official signs prohibit stopping.
3. No person shall move a vehicle not lawfully under the control of the
person into any prohibited area or away from a curb such distance as
is unlawful.
4. No person shall park any vehicle in front of any show, theater, or
place of amusement during any performance or entertainment therein,
or while patrons are in such place either before the commencement or
after the close of any performance. The police or fire chief shall
plainly indicate such non-parking spaces by appropriate signs or
markings.
5. No person shall park, stand, stop or store a motor vehicle on the
following streets or during the time limits indicated after signs
are posted accordingly:
1. West Main Street, commencing at the intersection of West Main
and Telephone Road to the intersection of West Main Street and
Irving Drive;
2. Broadway Avenue, from the intersection of Broadway Avenue and
the north city limit to the intersection of Broadway Avenue and
the south city limit within the city;
3. Janeway Avenue, from the intersection of Janeway Avenue and
Northwest Twenty-Seventh Street to the intersection of Janeway
Avenue and Southwest Fourth Street within the city, excepting
the east side of the maintained portion of Janeway Avenue from
the intersection of Janeway Avenue and Northwest Fifth Street to
the intersection of Janeway Avenue and Southwest Fourth Street
within the corporate limits;
4. Julie Street;
5. Northeast Twelfth Street, on either side where such street abuts
the Moore Community Park, between the hours of 12:01 a.m. and
6:00 a.m. on each day;
6. Northeast Twenty-first Street, commencing at the place where
such street connects with North Broadway Street, thence eastward
to and across the drainage ditch or canal passing under the
street, thence eastward to and through the curve to the left to
the place and point where such curve is completed and such
street commences its direction to the north;
7. Southwest First Street, south side from the intersection of
Southwest First Street and Telephone Road to the intersection of
Southwest First Street and Janeway Avenue in the city;
8. E. Main Street from and including the intersection of E. Main
Street and Telephone Road to and including the intersection
of E. Main Street and S. Ramblin Oaks Drive within the city; and
9. Messenger Lane, on either side of Messenger Lane beginning at NE
12th Street and extending south a distance of 960 feet.
10. The south half of Southwest 10th street beginning at the edge of
the driveway to 804 SW 10th Street and extending to the north
edge of the driveway to 1205 South Janeway Avenue.\
**State Law reference**--- Similar provisions, 47 O.S. § 11-1003.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
Amended by Ord.
[983(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1626796832_ordinance%20983.21.pdf){.k-link
target="_blank" style="color:#0000EE"} on 7/19/2021\
*
:::
::: phx-name
[Sec 15-602 Handicapped Parking
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-602_Handicapped_Parking_Restrictions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. 1. It shall be unlawful for any person to place or park a motor
vehicle in any parking space that is designated and posted as a
reserved area for the parking of a motor vehicle operated by or
transporting a physically disabled person unless such person has
applied for and been issued a detachable placard indicating
physical disability under the provisions of 47 O.S. § 15-112,
and such placard is displayed as provided in 47 O.S. § 15-112 or
in rules adopted pursuant thereto, or has applied for and been
issued a physically disabled license plate, a disabled veterans
license plate or a Purple Heart recipient license plate pursuant
to the provisions of 47 O.S. § 1135.1 or 1135.2, and such
license plate is displayed pursuant to the provisions of the
Oklahoma Vehicle License and Registration Act (47 O.S. § 1101 et
seq.), or has been issued a disability sticker issued by the
Department of Veterans Affairs and/or federal military bases, or
a physically disabled placard or license plate issued by another
state.
2. It shall also be unlawful for any person to place or park a
motor vehicle, whether with or without a physically disabled
placard or plate, in any disabled parking space access aisle,
wheelchair ramp, wheelchair loading/unloading area or any
portion thereof.
2. 1. Violation of these provisions shall be a misdemeanor and, upon
conviction, the person shall be fined up to \$200.00, provided
any person cited for a first offense of a violation of this
section who has displayed a placard which has expired pursuant
to 47 O.S. § 15-112(D)(4) or (D)(5) shall be entitled to
dismissal of such charge and shall not be required to pay the
fine or court costs if the person presents to the court within
30 days of the issuance of the citation a notice from the
department of public safety that the person has obtained a valid
placard pursuant to the provisions of 47 O.S. § 15-112(D).
2. In addition, vehicles unlawfully parked in violation of these
provisions shall be subject to immediate tow by a licensed tow
truck operator at the request of the landowner or a duly
appointed agent of the landowner, at the request of any person
unable to lawfully gain access to or move their vehicle, at the
request of any person unable to lawfully gain access to the area
blocked by the unlawfully parked vehicle, or at the request of
appropriate law enforcement personnel. The owner of any vehicle
unlawfully parked in violation of these provisions shall pay any
and all reasonable and necessary costs associated with towing
and storage of the vehicle.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1007.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
Amended by Ord.
[1011.22](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1011.22.pdf){.k-link
target="_blank" style="color:#0000EE"} on 7/18/2022\
Amended by Ord.
[1034.23](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_1034.23.pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/2/2023\
*
:::
::: phx-name
[Sec 15-603 Parking Not To Obstruct Traffic Or
Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-603_Parking_Not_To_Obstruct_Traffic_Or_Signs){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall park a vehicle within a street or alley in such a
manner or under such conditions as to prohibit the free movement of
authorized emergency vehicles or vehicular traffic.
2. No person shall stop, stand or park a vehicle within a street or
alley in such a position as to block the driveway entrance to any
abutting property.
3. No person shall at any time stop, stand or park a vehicle except
when necessary to avoid conflict with other traffic, in compliance
with the directions of a police officer or traffic-control device or
in case of emergency within any alley except for the purpose of and
while actually engaged in loading or unloading merchandise, with the
maximum time permitted for loading or unloading being as provided in
this Code or as posted; however, such vehicle must be headed in the
proper direction in the alley and it must be parked on the right
half of one-way alleys.
4. Any vehicle parked upon the public streets or right-of-way shall be
parked so as not to obstruct the view of any flashing beacon, stop
sign or traffic-control signal by oncoming traffic.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-604 Parking For Certain Purposes
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-604_Parking_For_Certain_Purposes_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall park his vehicle upon any street or highway, as defined
in section 15-101, any dedicated right-of-way, or any easement shown on
any plat maps of the city, for the principle purpose of:
1. Displaying the vehicle for sale;
2. Displaying advertising or displaying merchandise;
3. Washing, greasing or repairing the vehicle, except repairs
necessitated by an emergency; and
4. Selling merchandise or any other thing from vehicles without
appropriate permit or license from the city.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-605 Double
Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-605_Double_Parking){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Double parking is permitted for a period of not to exceed ten minutes
and only if a competent driver licensed under state law remains in
complete control of the vehicle.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-606 Removing Enforcement
Marking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-606_Removing_Enforcement_Marking){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person, with intent to extend the time during which a motor vehicle
can be parked at a time-restricted parking space, shall remove, erase,
obliterate, smudge or otherwise delete or disfigure any chalk or any
other mark or symbol used by authorized employees of the city in
connection with the enforcement of motor vehicle parking restrictions.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-607 Standing Or Parking On Left Side Of
Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-607_Standing_Or_Parking_On_Left_Side_Of_Roadway){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city manager, subject to direction of the council, may determine
when standing or parking may be permitted upon the left-hand side of
any one-way roadway and to have signs or marks placed giving notice
thereof.
2. In the event a highway includes two or more separate roadways and
traffic is restricted to one direction upon any such roadway, no
person shall stand or park a vehicle upon the left-hand side of such
one-way roadway unless signs or marks are placed to permit such
standing or parking.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-608 Parking On Private Property; Impounding Of
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-608_Parking_On_Private_Property;_Impounding_Of_Vehicle){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall park a vehicle on the private property of another
without the consent of the owner of the property, his agent or
tenant.
2. Any unoccupied vehicle parked in violation of this section may, upon
complaint of the property owner, his agent or tenant, be removed and
impounded by the property owner; and the vehicle owner must pay
removal, storage and impounding fees.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-609 Driving Or Parking On Commercial Business Property
Restricted;
Signs](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-609_Driving_Or_Parking_On_Commercial_Business_Property_Restricted;_Signs){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful for any person to drive or park a motor vehicle onto
the driveway, parking area or any portion of the premises of any
business or commercial property if signs are posted.
2. This section shall be enforced as to all private property where a
sign shall have been posted in a clearly visible location stating
substantially as follows:\
\
\"PRIVATE PROPERTY. NO PARKING OR TRESPASSING.\"
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-610 Parking More Than 24
Hours](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-610_Parking_More_Than_24_Hours){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall park a vehicle on any street for a period of time longer
than 24 hours.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-611 Unattended
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-611_Unattended_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The person driving or in charge of a motor vehicle shall not permit it
to stand unattended without first stopping the engine and effectively
setting the brake thereon and, when standing upon any grade, turning the
front wheels to the curb or side of the street.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1101.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-612 Authority To Restrict Parking
Time](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-612_Authority_To_Restrict_Parking_Time){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city council, by resolution, may establish parking time limits,
or prohibit parking on designated streets by having appropriate
signs placed thereon.
2. When such signs are in place, no person shall park a vehicle in
violation thereof.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-613 Parking In Private Parking Spaces Without Permission Of
Owner](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-613_Parking_In_Private_Parking_Spaces_Without_Permission_Of_Owner){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The parking, leaving or keeping of vehicles, either with or without
occupants, upon real property owned or leased for use of hotels or
business establishments as private parking places, without
permission of the owner or lessee, as the case may be, is hereby
prohibited.
2. Any vehicle parked or left in violation of subsection (A) of this
section shall, upon the complaint of the owner or lessee of the
property, be removed from the premises by the property owner or his
designee, at the expense of the owner of the vehicle. Such removal
may be accomplished by the property owner or his designee directing
any person operating a towing service to pull the vehicle to his
garage or place of business, where it shall be held in the custody
of the towing company until the towing charges, if any, are paid.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-614 Prohibiting Parking Within Fire Lanes On Certain Private
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-614_Prohibiting_Parking_Within_Fire_Lanes_On_Certain_Private_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager, or his authorized representative, when the public
safety shall require, is authorized and directed to prohibit parking
upon private property used for shopping centers, schools, hospitals,
nursing homes, restaurants and places of public entertainment within
zones to be clearly designated and defined by appropriate sign, when the
same is necessary for the establishment of fire lanes to avoid
obstruction of free passage and access. No person shall stop, stand or
park a vehicle, except an authorized emergency vehicle, within such
prohibited fire lanes, except on direction and by authority of a police
officer.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-615 Limiting Parking To Authorized Emergency
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-615_Limiting_Parking_To_Authorized_Emergency_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager, subject to any directions which the city council may
give, is authorized to designate streets or portions thereof where
parking is limited to authorized emergency vehicles. When signs are in
place giving notice of such limitation, it shall be unlawful for any
person to park any vehicle, except an authorized emergency vehicle, upon
any such street or portion thereof.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[ARTICLE 15-6B MANNER OF
PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=ARTICLE_15-6B_MANNER_OF_PARKING){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 15-621 Distance From
Curb](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-621_Distance_From_Curb){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-622 Brakes To Be Set: Motor Not To Be Running: Securing
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-622_Brakes_To_Be_Set:_Motor_Not_To_Be_Running:_Securing_Animals){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-623 Angle
Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-623_Angle_Parking){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-624 Parking Within Marked
Spaces](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-624_Parking_Within_Marked_Spaces){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-625 Parking To Be Such As To Leave Ten Feet Of Roadway Available
For
Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-625_Parking_To_Be_Such_As_To_Leave_Ten_Feet_Of_Roadway_Available_For_Traffic){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-621 Distance From
Curb](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-621_Distance_From_Curb){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Except as otherwise provided in this section, every vehicle stopped or
parked upon roadway where there are adjacent curbs shall be so stopped
or parked with the right-hand wheels of such vehicle parallel to and
within 18 inches of the right-hand curb. Every vehicle stopped and
parked upon the left-hand side of a one-way street where there are
adjacent curbs shall be parked or stopped with the left-hand wheels
parallel to and within 18 inches of the left-hand curb. A person
engaging in the collection and disposal of solid waste or recycling
material, or both, as a business, pursuant to the provisions of the
Oklahoma Solid Waste Management Act (27A O.S. § 2-10-101 et seq.), shall
be exempt from the provisions of this section while in the performance
of such activities.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1004.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-622 Brakes To Be Set: Motor Not To Be Running: Securing
Animals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-622_Brakes_To_Be_Set:_Motor_Not_To_Be_Running:_Securing_Animals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Adequate brakes shall be set on all parked vehicles. No driver of a
motor vehicle shall leave the vehicle with the motor running while
parked. Animals left or parked on the streets shall be securely hitched.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-623 Angle
Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-623_Angle_Parking){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city manager, subject to direction of the council, may determine
upon what streets and parts of streets angle parking will be
permitted and authority shall continue until changed permitting
angle parking on any such street or part of street and until the
angle parking markings or signs are amended.
2. On those streets which have been so signed or marked for angle
parking, no person shall park or stand a vehicle other than at the
angle to the curb or edge of the roadway indicated by such signs or
markings.
3. Angle parking is not permitted on any state or federal-aid highway
unless the state department of transportation has determined that
the roadway is of sufficient width to permit angle parking without
interfering with the free movement of traffic.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-624 Parking Within Marked
Spaces](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-624_Parking_Within_Marked_Spaces){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In an area where parking spaces have been marked off on the surface of
the street, a driver parking a vehicle shall park it within a parking
space as thus marked off and not on or over a line delineating a space.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-625 Parking To Be Such As To Leave Ten Feet Of Roadway Available
For
Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-625_Parking_To_Be_Such_As_To_Leave_Ten_Feet_Of_Roadway_Available_For_Traffic){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall park a vehicle upon a street or alley in such a manner
or under such conditions as to leave available less than ten feet of the
width of roadway for the free movement of vehicular traffic.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-7 SPEED
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-7_SPEED_REGULATIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-701 Speed
Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-701_Speed_Limit){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-702 Special Speed
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-702_Special_Speed_Regulations){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-703 Minimum
Speed](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-703_Minimum_Speed){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-704 Speed Limits In Construction
Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-704_Speed_Limits_In_Construction_Zones){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-701 Speed
Limit](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-701_Speed_Limit){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Notwithstanding a maximum speed limit enumerated in this Code, no
person shall drive a vehicle upon any alley, highway, roadway,
street or public parking area at a speed greater than or less than
is reasonable or prudent under the conditions then existing,
considering visibility, amount of traffic, condition of roadway
surface, presence of pedestrians, obstruction of view and other
similar facts.
2. No person shall drive any vehicle upon a street at a speed greater
than will permit him to bring it to a stop within the assured clear
distance ahead.
3. Except when a special hazard exists that requires lower speed for
compliance with subsection (A) of this section, the limits specified
in this chapter or established as authorized shall be maximum lawful
speeds. No person shall drive a vehicle on a highway at a speed in
excess of such maximum limits as follows:
1. 25 miles per hour on any street, except as may be posted
otherwise; and
2. 25 miles per hour in any designated school zone under the
following conditions, unless a different speed limit is
otherwise designated and posted:
1. When signed with the legend \"When Flashing\" and flashing
lights are in operation; and
2. When signed with the legend \"When Children Are Present.\" A
child shall be considered present when he is within 15 feet
of the curb or edge of the street within a school zone or
near enough so that a potential hazard exists with motorized
traffic.
4. The city manager has authority to post lower speed limits than those
presented in this chapter where special hazards exist.
5. The fact that the speed of a vehicle is lower than the designated
limits shall not relieve the driver from the duty to decrease speed
when approaching and crossing an intersection, when approaching and
going around a curve, when approaching a hill crest, when traveling
upon any narrow winding roadway, or when a special hazard exists
with respect to pedestrians or other traffic, or by reason of
weather or highway conditions and speed shall be decreased as may be
necessary to avoid colliding with any person or vehicle or on
entering the roadway in compliance with legal requirement and the
duty of all persons to use due care and precaution.
6. The driver of every vehicle shall, consistent with the requirements
of subsection (A) of this section, drive at an appropriate reduced
speed when approaching and crossing an intersection or railway grade
crossing, when approaching and going around a curve, when
approaching a hillcrest, when driving upon any narrow or winding
roadway, and when special hazard exists with respect to pedestrians
or other traffic, or by reason of weather or highway conditions.
(Ord. No. 504, 2-5-1990)
**State Law reference**--- Similar provisions, 47 O.S. § 11-801.
::: phx-docs
HISTORY\
*Amended by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-702 Special Speed
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-702_Special_Speed_Regulations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Speed limits are hereby established, except in school zones, on
state and federal highways in the city as follows, and no person
shall drive a motor vehicle at a speed in excess of such limits:\
\
----------------------- ----------------------- -----------------------
Street Name\ Section\ Miles Per Hour\
Janeway Street\ North city limits to SW 30
4th\
Santa Fe\ NW 12th to SW 4th\ 35
Santa Fe\ SW 19th to south city 40
limits\
Telephone Road\ SW 19th to SW 34th 45
Street\
Telephone Road\ SW 34th to south city 40
limits\
Broadway\ North city limits to N 40
18th Street\
Broadway\ S 4th to S 19th\ 40
Broadway\ S 19th to south city 45
limits\
Eastern\ NE 27th to SE 4th\ 40
Bryant\ North city limits to NE 40
27th\
NE 27th\ Eastern to Bryant\ 35
N 12th\ Santa Fe to Estell\ 35
NE 12th\ Estell to Sunnylane\ 40
NW 5th\ I-35 to Broadway\ 35
Main\ I-35 to Broadway\ 30
Main\ Broadway to Eastern\ 35
SE 19th\ Bryant to Sunnylane\ 50
SE 19th\ Broadway to Eastern\ 35
SW 34th\ West city limits to 25
I-35\
SW 34th\ Railroad to Eastern\ 35
SW 34th\ Eastern to Broadway\ 40
SE 34th\ Sunnylane to Sooner\ 40
SE 34th\ Sooner to east city 35
limits\
Indian Hills\ Eastern to Bryant\ 35
----------------------- ----------------------- -----------------------
2. Any special speed zones inconsistent with these regulations are
expressly amended.
(Ord. No. 540, 12-4-1990)
::: phx-docs
HISTORY\
*Amended by Ord.
[779(14)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601325063_Ordinance%20No.%20779%20(14).pdf){.k-link
target="_blank" style="color:#0000EE"} on 7/21/2014\
Amended by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-703 Minimum
Speed](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-703_Minimum_Speed){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to drive a motor vehicle at such slow
speed as to impede or block the normal and reasonable movement of
traffic, except when reduced speed is necessary for safe operation.
Police officers are hereby authorized to enforce this provision by
directions to drivers and in the event of willful disobedience to this
provision or refusal to comply with the direction of an officer in
accordance herewith, the continued slow operation by a driver shall be
unlawful and constitute a blocking of traffic and a violation of this
section.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-704 Speed Limits In Construction
Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-704_Speed_Limits_In_Construction_Zones){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Where any municipal street or roadway shall be under construction,
maintenance or repair and a maximum safe, careful, and prudent speed
shall have been determined by the city manager, during the period of the
construction, maintenance, or repairs and shall have been plainly posted
at each terminus thereof and at various points as necessary along the
route thereof the determined maximum speed, no person shall drive any
vehicle upon the portion of the municipal street or roadway at a speed
in excess of the speed so determined and posted. Violation of the posted
speed limit in the repair, maintenance, or construction zone shall
result in the doubling of the appropriate fine. For purposes of this
section, the term \"repair, maintenance, or construction zone\" means
any location where repair, maintenance, or construction work is actually
in progress and workers present.
**State Law reference**--- Similar provisions, 47 O.S. § 11-804.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-8
RIGHT-OF-WAY](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-8_RIGHT-OF-WAY){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-801 Right-Of-Way At
Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-801_Right-Of-Way_At_Intersection){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-802 Right-Of-Way At Intersections, Vehicles Arriving At Same
Time](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-802_Right-Of-Way_At_Intersections,_Vehicles_Arriving_At_Same_Time){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-803 Left Turn At
Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-803_Left_Turn_At_Intersection){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-804 Designation Of Through
Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-804_Designation_Of_Through_Streets){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-805 Signs At Through
Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-805_Signs_At_Through_Streets){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-806 Determination Of Stop And Yield
Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-806_Determination_Of_Stop_And_Yield_Intersections){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-807 Vehicles Entering Stop
Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-807_Vehicles_Entering_Stop_Intersections){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-808 Vehicle Entering Yield
Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-808_Vehicle_Entering_Yield_Intersection){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-809 School Zones And
Crosswalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-809_School_Zones_And_Crosswalks){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-810 Emerging From Alley Or
Driveway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-810_Emerging_From_Alley_Or_Driveway){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-811 Obstructing Intersection Or
Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-811_Obstructing_Intersection_Or_Crosswalk){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-801 Right-Of-Way At
Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-801_Right-Of-Way_At_Intersection){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The driver of a vehicle on a street which is not a state or federal
highway approaching an intersection with a state or federal highway
shall stop and yield the right-of-way to a vehicle which has entered
the intersection or which is so close thereto as to constitute an
immediate hazard.
2. When two vehicles enter or approach an intersection from different
highways at approximately the same time, the driver of the vehicle
on the left shall yield the right-of-way to the vehicle on the
right.
3. The right-of-way rules declared in subsections (A) and (B) of this
section are modified at through highways and otherwise as stated in
this chapter.
4. The driver of a vehicle approaching a \"T\" intersection, traveling
down the base of the \"T\" intersection approaching a dead end must
yield the right-of-way to all traffic.
**State Law reference**--- Similar provisions, 47 O.S. §§ 11-401,
11-403.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-802 Right-Of-Way At Intersections, Vehicles Arriving At Same
Time](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-802_Right-Of-Way_At_Intersections,_Vehicles_Arriving_At_Same_Time){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Where two or more vehicles face stop, slow, warning or caution signs
or signals on two or more intersecting cross streets, and are
approaching so as to enter the intersection at the same time, where
each vehicle is required to stop, the vehicle coming from the right
shall have the right-of-way. Where each vehicle is required to slow,
the vehicle coming from the right shall have the right-of-way. Where
each vehicle is required to take caution, the vehicle coming from
the right shall have the right-of-way.
2. The driver of a vehicle approaching an intersection shall yield the
right-of-way to a vehicle which has entered the intersection from a
different highway, provided that the driver of a vehicle on a street
which is not a state or federal highway approaching an intersection
with a state or federal highway shall stop and yield the
right-of-way to a vehicle which has entered the intersection or
which is so close thereto as to constitute an immediate hazard.
3. Where one vehicle is required to stop and the other to slow or take
caution, the one slowing or taking caution shall have the
right-of-way. Where one vehicle is required to slow and the other to
take caution, the one required to take caution shall have the
right-of-way.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-803 Left Turn At
Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-803_Left_Turn_At_Intersection){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The driver of a vehicle within an intersection intending to turn to the
left shall give a signal and yield the right-of-way to any vehicle
approaching from the opposite direction which is within the intersection
or so close thereto as to constitute an immediate hazard. However, the
driver, having so yielded and having given a signal when and as required
by this chapter, may make such left turn, and the drivers of all other
vehicles approaching the intersection from the opposite direction shall
yield the right-of-way to the vehicle making the left turn.
**State Law reference**--- Similar provisions, 47 O.S. § 11-402.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-804 Designation Of Through
Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-804_Designation_Of_Through_Streets){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager, subject to direction of the council, may designate any
street or part of street as a through street.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-805 Signs At Through
Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-805_Signs_At_Through_Streets){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Whenever the city manager designates and describes a through street, the
city manager shall have placed and maintained a stop sign, or if deemed
more appropriate at any intersection a yield sign, on each and every
street intersection such through street, and a heavy-traffic street not
so designated. Stop signs shall be erected at the approaches of either
of the streets as may be determined by the manager if deemed desirable.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-806 Determination Of Stop And Yield
Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-806_Determination_Of_Stop_And_Yield_Intersections){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city manager, subject to direction by the council, is authorized
to determine and designate intersections where particular hazard
exists upon other than through streets and to determine:
1. Whether vehicles shall stop at one or more entrances to any such
intersection, in which event he shall cause to be erected a stop
sign at every such place where a stop is required; or
2. Whether vehicles shall yield the right-of-way to vehicles on a
different street at such intersection as prescribed in section
15-807, in which event he shall cause to be erected a yield sign
at every place where obedience thereto is required.
2. Every stop sign and every yield sign shall be erected as near as
practicable to the nearest line of the crosswalk on the near side of
the intersection or, if there is no crosswalk, then as near as
practicable to the nearest line of the intersecting roadway.
3. Every stop sign shall bear the word \"Stop\" in letters not less
than eight inches in height. Every yield sign shall bear the word
\"Yield\" in letters not less than seven inches in height. Every
stop sign and every yield sign shall, at nighttime, be rendered
luminous by internal illumination, or by a floodlight projected on
the face of the sign, or by efficient reflecting elements in the
face of the sign.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-807 Vehicles Entering Stop
Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-807_Vehicles_Entering_Stop_Intersections){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Except when directed to proceed by a police officer or
traffic-control signal, every driver of a vehicle approaching a stop
intersection indicated by a stop sign shall stop before entering the
crosswalk on the near side of the intersection, or, in the event
there is no crosswalk, shall stop at a clearly marked stop line,
but, if none, then at the point nearest the intersecting roadway
where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection.
2. Such driver, after having stopped, shall yield the right-of-way to
any vehicle which has entered the intersection from another highway
or which is approaching so closely on the highway as to constitute
an immediate hazard. The driver having so yielded may proceed only
when it is prudent and apparently safe to do so.
**State Law reference**--- Similar provisions, 47 O.S. § 11-703.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-808 Vehicle Entering Yield
Intersection](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-808_Vehicle_Entering_Yield_Intersection){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The driver of a vehicle approaching a yield sign shall in obedience
to such sign slow down to a speed reasonable for the existing
conditions, or shall stop if necessary and yield the right-of-way to
any pedestrian legally crossing the roadway on which he is driving
and to any vehicle in the intersection or approaching on another
highway so closely as to constitute an immediate hazard. If such
driver is involved in a collision with a pedestrian in a crosswalk
or a vehicle in the intersection after driving past a yield sign,
such collision shall be deemed prima facie evidence of his failure
to yield the right-of-way.
2. The driver of a vehicle approaching a yield sign is required for
safety to stop, and shall stop before entering the crosswalk on the
near side of the intersection or, in the event there is no
crosswalk, at a clearly marked stop line, but, if none, then at the
point nearest the intersecting roadway where the driver has a view
of approaching traffic on the intersection roadway.
**State Law reference**--- Similar provisions, 47 O.S. § 11-703.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-809 School Zones And
Crosswalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-809_School_Zones_And_Crosswalks){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city manager, subject to direction by the council, is authorized
to erect signs to designate school zones and school zone crosswalks.
2. No person may drive a vehicle past a school sign or through a school
zone at a speed greater than that posted on school days or when
children are present, all as posted. Drivers proceeding in a school
zone shall stop and yield the right-of-way to pedestrians in school
zone crosswalks when so directed by a school safety patrol member or
when such crosswalk is occupied by pedestrians between the hours on
school days or when children are present, all as posted.
3. Any driver involved in a school zone crosswalk collision with a
pedestrian after failing to slow and yield the right-of-way to such
pedestrian shall be deemed prima facie in violation of this section.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-810 Emerging From Alley Or
Driveway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-810_Emerging_From_Alley_Or_Driveway){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The driver of a vehicle emerging from an alley, driveway or building
shall stop such vehicle immediately prior to driving onto a sidewalk or
onto the sidewalk area extending across any alleyway or driveway and
shall yield the right-of-way to any pedestrian as may be necessary to
avoid collision, and upon entering the roadway shall yield the
right-of-way to all vehicles approaching on the roadway.
**State Law reference**--- Similar provisions, 47 O.S. § 11-704.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-811 Obstructing Intersection Or
Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-811_Obstructing_Intersection_Or_Crosswalk){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No driver shall enter an intersection or a marked crosswalk unless there
is sufficient space on the other side of the intersection or crosswalk
to accommodate the vehicle he is operating without obstructing the
passage of other vehicles or pedestrians, notwithstanding any
traffic-control signal indication to proceed.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-9 TURNING
MOVEMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-9_TURNING_MOVEMENTS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-901 Method Of Turning Generally And At
Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-901_Method_Of_Turning_Generally_And_At_Intersections){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-902 Authority To Place Turning
Markers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-902_Authority_To_Place_Turning_Markers){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-903 Authority To Restrict Turning; Obedience
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-903_Authority_To_Restrict_Turning;_Obedience_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-904 Limitations On Turning,
U-Turns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-904_Limitations_On_Turning,_U-Turns){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-905 Turning Or Stopping Movements; Signals
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-905_Turning_Or_Stopping_Movements;_Signals_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-906 Signals; Method
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-906_Signals;_Method_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-907 Method Of Giving Hand
Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-907_Method_Of_Giving_Hand_Signals){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-901 Method Of Turning Generally And At
Intersections](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-901_Method_Of_Turning_Generally_And_At_Intersections){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The driver of a vehicle intending to turn at an intersection shall
do so as follows:
1. *Right turns*. Both the approach for a right turn and a right
turn shall be made as close as practicable to the right-hand
curb or edge of the roadway;
2. *Left turns on two-way roadways*. At any intersection where
traffic is permitted to move in both directions on each roadway
entering the intersection, an approach for a left turn shall be
made in that portion of the right half of the roadway nearest
the centerline thereof and by passing to the right of such
centerline where it enters the intersection; and after entering
the intersection, the left turn shall be made so as to leave the
intersection to the right of the centerline of the roadway being
entered. Whenever practicable, the left turn shall be made in
that portion of the intersection to the left of the center of
the intersection; and
3. *Left turns on other than two-way roadways*. At any intersection
where traffic is restricted to one direction on one or more of
the roadways, the driver of a vehicle intending to turn left at
any such intersection shall approach the intersection in the
extreme left-hand lane lawfully available to traffic moving in
the direction of travel of such vehicle. After entering the
intersection, the left turn shall be made so as to leave the
intersection, as nearly as practicable, in the left-hand lane
lawfully available to traffic moving in such direction upon the
roadway being entered.
2. No person shall turn a vehicle at an intersection unless the vehicle
is in proper position upon the roadway as required by this section,
or turn a vehicle to enter a private road or driveway, or otherwise
turn a vehicle from a direct course or move right or left upon a
roadway, unless and until such movement can be made with reasonable
safety.
**State Law reference**--- Similar provisions, 47 O.S. §§ 11-601,
11-604.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-902 Authority To Place Turning
Markers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-902_Authority_To_Place_Turning_Markers){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city manager, subject to direction by the council, is authorized
to have placed markers, buttons or signs within or adjacent to
intersections indicating the course to be traveled by vehicles
turning at such intersections. Such course to be traveled shall be
indicated.
2. When authorized markers, buttons or other indications are placed
within an intersection indicating the course to be traveled by
vehicles turning thereat, no driver of a vehicle shall disobey the
directions of such indications.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-903 Authority To Restrict Turning; Obedience
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-903_Authority_To_Restrict_Turning;_Obedience_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city manager, subject to direction by the council, may determine
those intersections at which drivers of vehicles shall not make a
right turn, left turn or U-turn, and shall have placed proper signs
at such intersections. The making of such turns may be prohibited
between certain hours of any day and permitted at other hours.
2. Whenever authorized signs are erected indicating that no right turn,
left turn or U-turn is permitted, no driver of a vehicle shall
disobey the directions of any such sign.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-904 Limitations On Turning,
U-Turns](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-904_Limitations_On_Turning,_U-Turns){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Except as hereinafter provided, no person shall operate a vehicle so
as to turn more than 90 degrees on any street or highway.
2. Persons excepted are those who can safely execute that turn if at an
intersection, but it is unlawful for the driver of a vehicle to make
such a turn at any intersection:
1. Where traffic-control signals are installed;
2. Where a police officer is directing traffic, except at the
latter\'s direction; or
3. Where an official no U-turn sign has been placed and is
maintained.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-905 Turning Or Stopping Movements; Signals
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-905_Turning_Or_Stopping_Movements;_Signals_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall turn a vehicle at an intersection unless the vehicle
is in proper position upon the roadway as required by ordinance, or
turn a vehicle to enter a private road or driveway, or otherwise
turn a vehicle from a direct course or move right or left upon a
roadway unless and until such movement can be made with reasonable
safety. No person shall turn any vehicle without giving an
appropriate signal in the manner hereinafter provided in the event
any other traffic may be affected by such movement.
2. A signal of intention to turn right or left when required shall be
given continuously during not less than the last 100 feet traveled
by the vehicle before turning.
3. No person shall stop or suddenly decrease the speed of a vehicle
without first giving an appropriate signal in the manner provided
herein to the driver of any vehicle immediately to the rear when
there is opportunity to give such signal.
**State Law reference**--- Similar provisions, 47 O.S. § 11-604.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-906 Signals; Method
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-906_Signals;_Method_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any stop or turn signal, when required herein, shall be given either
by means of the hand and arm or by signal lamps, except as otherwise
provided in subsection (B) of this section.
2. Any motor vehicle in use on a highway shall be equipped with, and
required signal shall be given by, signal lamps when the distance
from the center of the top of the steering post to the left outside
limit of the body, cab or load of such motor vehicle exceeds 24
inches, or when the distance from the center of the top of the
steering post to the rear limit of the body or load thereof exceeds
14 feet. The latter measurement shall apply to any single vehicle
and to any combination of vehicles.
**State Law reference**--- Similar provisions, 47 O.S. § 11-605.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-907 Method Of Giving Hand
Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-907_Method_Of_Giving_Hand_Signals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All signals herein required given by hand and arm shall be given from
the left side of the vehicle in the following manner:
1. *Left turn*. Hand and arm extended horizontally;
2. *Right turn*. Hand and arm extended upward.; A person operating a
bicycle may extend his or her right hand and arm downward to his or
her right side.\
A person operating a bicycle may extend his or her right hand and
arm horizontally to his or her right; and\
3. *Stop or decrease speed*. Hand and arm extended downward.
**State Law reference**--- Similar provisions, 47 O.S. § 11-606.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
Amended by Ord.
[988(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_988.21.pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/4/2021\
*
:::
::: phx-name
[CHAPTER 15-10 ONE-WAY STREETS AND
ALLEYS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-10_ONE-WAY_STREETS_AND_ALLEYS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-1001 Authority To Designate One-Way
Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1001_Authority_To_Designate_One-Way_Streets){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1002 One-Way Streets, Direction Of
Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1002_One-Way_Streets,_Direction_Of_Traffic){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1003 Rotary Traffic
Islands](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1003_Rotary_Traffic_Islands){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-1001 Authority To Designate One-Way
Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1001_Authority_To_Designate_One-Way_Streets){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city council, by resolution, may designate any street or alley
or part thereof as a one-way street or alley. Signs indicating the
direction of lawful traffic movement shall be placed at every
intersection where movement of traffic in the opposite direction is
prohibited.
2. The following streets are hereby designated as one-way streets:
1. I-35 service road, east, between Southwest Fourth Street and
Northwest Eighteenth Street within the city limits, northbound;
2. I-35 service road, west, between Southwest Fourth Street and
Northwest Twelfth Street within the city limits, southbound.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1002 One-Way Streets, Direction Of
Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1002_One-Way_Streets,_Direction_Of_Traffic){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Upon those streets and parts of streets in those alleys and parts of
alleys designated as one-way streets and alleys, vehicular traffic shall
move only in the indicated direction when signs indicating the direction
of traffic are erected and maintained at every intersection where
movement in the opposite direction is prohibited.
**State Law reference**--- Similar provisions, 47 O.S. § 11-308.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1003 Rotary Traffic
Islands](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1003_Rotary_Traffic_Islands){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A vehicle passing around a rotary traffic island shall be driven only to
the right of such island.
**State Law reference**--- Similar provisions, 47 O.S. § 11-308.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-11 TRUCK ROUTES AND
PARKING](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-11_TRUCK_ROUTES_AND_PARKING){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-1101 Truck Routes; Map Multiple Citations;
Impoundment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1101_Truck_Routes;_Map_Multiple_Citations;_Impoundment){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1102 Permits Required For Operation On Certain
Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1102_Permits_Required_For_Operation_On_Certain_Streets){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1103 LPG
Prohibitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1103_LPG_Prohibitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1104 Compliance With State
Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1104_Compliance_With_State_Law){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1105 Trucks Transporting Flammable Liquids, Hazardous Material
Not To Be Left Unattended More Than 15
Minutes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1105_Trucks_Transporting_Flammable_Liquids,_Hazardous_Material_Not_To_Be_Left_Unattended_More_Than_15_Minutes){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-1101 Truck Routes; Map Multiple Citations;
Impoundment](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1101_Truck_Routes;_Map_Multiple_Citations;_Impoundment){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The council, by motion or resolution, may prescribe routes through
the city for the use of trucks in general or trucks of particular
kinds or other vehicles which are not ordinary private passenger
vehicles passing through the city. The city shall see that
appropriate and adequate signs are placed along such routes so that
drivers of such vehicles may follow the routes.
2. When such signs are so erected and in place, the driver of a truck
or other vehicle for which a route has been prescribed as provided
herein, while passing through the city, shall keep on such route and
shall not deviate therefrom except in case of emergency. Drivers of
such vehicles shall follow such routes so far as practicable also
when driving within the city and not merely through the city.
3. The city clerk shall keep and maintain accurate maps setting out the
truck routes designated by the city.
4. Any truck which has been involved in two or more driving or parking
violations for which citations have been issued and not paid as
required shall be subject to impoundment upon the issuance of the
third citation. The enforcing officer shall make all reasonable
efforts to contact the owner or operator before impoundment. The
costs of impoundment shall be paid by the owner before any impounded
truck is released.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1102 Permits Required For Operation On Certain
Streets](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1102_Permits_Required_For_Operation_On_Certain_Streets){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person, except in case of emergency, shall drive or operate a bus
or truck larger than a 1½-ton truck upon any minor or collector
street without a permit issued by the city.
2. The city clerk shall issue a permit as provided herein upon
application and approval by the city manager or his designee. A fee
shall be charged and collected for such permit which shall state the
time and street upon which the vehicle is to be operated. A permit
is valid only for the date and time issued.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1103 LPG
Prohibitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1103_LPG_Prohibitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful for any person to drive a liquefied petroleum or
hazardous material truck, whether empty or loaded, in the city.
Liquefied petroleum or hazardous material trucks may be driven on
through streets as designated by the city, but may not be parked for
any purpose on any public street in the city. No truck, trailer,
storage building or any other structure containing hazardous
materials in bottles, buckets, barrels or any other container may be
parked for any purpose on a public street in the city. Such
hazardous materials may be removed at the expense of the owner, by
the city manager or designee, to storage in a proper location until
the city judge shall direct that such hazardous materials he
returned to the rightful owner or otherwise disposed of as provided
by law.
2. For the purpose of this section, the following streets are hereby
designated as through streets: North 27th Street, North 12th Street,
South 4th Street, South 19th Street, South 34th Street, Sunnylane,
Bryant, Eastern, Broadway, South Telephone south of Southwest 4th
Street, Santa Fe, Interstate 35, North Moore or Shields north of
Northwest 27th Street, and others as may be designated.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1104 Compliance With State
Law](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1104_Compliance_With_State_Law){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All persons owning liquefied petroleum gas or hazardous material trucks
shall comply with all state laws, the city liquefied petroleum gas
regulations, and have in force adequate public liability and property
damage insurance.
(Prior Code, § 9-82)
::: phx-docs
HISTORY\
*Amended by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1105 Trucks Transporting Flammable Liquids, Hazardous Material
Not To Be Left Unattended More Than 15
Minutes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1105_Trucks_Transporting_Flammable_Liquids,_Hazardous_Material_Not_To_Be_Left_Unattended_More_Than_15_Minutes){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to park a truck or vehicle transporting
explosives, gasoline or other flammable liquids, combustible liquids or
hazardous materials and to leave the same unattended within the city.
Such truck or vehicle may be left parked within an agricultural district
or may be parked unattended on any street or alley only for an emergency
and then only for a period of time not to exceed 15 minutes. Such a
truck shall in no way obstruct traffic using the street or alley.
(Prior Code, § 9-62)
::: phx-docs
HISTORY\
*Amended by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-12 LOADING
ZONES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-12_LOADING_ZONES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-1201 Authority To Designate Curb Loading
Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1201_Authority_To_Designate_Curb_Loading_Zones){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1202 Parking Or Standing In Passenger Loading Zones
Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1202_Parking_Or_Standing_In_Passenger_Loading_Zones_Restricted){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1203 Standing Or Parking In Freight Loading
Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1203_Standing_Or_Parking_In_Freight_Loading_Zones){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1204 Permit To Back To Curb For Loading Or
Unloading](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1204_Permit_To_Back_To_Curb_For_Loading_Or_Unloading){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-1201 Authority To Designate Curb Loading
Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1201_Authority_To_Designate_Curb_Loading_Zones){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager, subject to direction of the council, may determine the
location of passenger and freight curb loading zones, and shall have
placed and maintained appropriate signs indicating the same and stating
the hours during which the provisions of this section are applicable.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1202 Parking Or Standing In Passenger Loading Zones
Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1202_Parking_Or_Standing_In_Passenger_Loading_Zones_Restricted){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall stop, stand or park a vehicle for any purpose or period
of time other than for the expeditious loading or unloading of
passengers in any place marked as a passenger curb loading zone during
hours when the regulations applicable to such curb loading zone are
effective, and then only for period not to exceed three minutes.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1203 Standing Or Parking In Freight Loading
Zones](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1203_Standing_Or_Parking_In_Freight_Loading_Zones){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall stop, stand or park a vehicle for any purpose or
length of time other than for the expeditious unloading and delivery
or pickup and loading of materials in any place marked as a freight
curb loading zone during hours when the provisions applicable to
such zones are in effect. In no case shall the stop for loading or
unloading of materials exceed 30 minutes.
2. The driver of a passenger vehicle may stop temporarily at a place
marked as a freight curb loading zone for the purpose of and while
actually engaged in loading or unloading passengers when such
stopping does not interfere with any motor vehicle used for the
transportation of materials which is waiting to enter or about to
enter such zone.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1204 Permit To Back To Curb For Loading Or
Unloading](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1204_Permit_To_Back_To_Curb_For_Loading_Or_Unloading){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city manager is authorized to issue special permits to permit
the backing of a vehicle to the curb for the purpose of loading or
unloading merchandise or materials subject to the terms and
conditions of such permit. Such permits may be issued either to the
owner or lessee of real property or to the owner of the vehicle and
shall grant to such person the privilege as therein stated and
authorized herein. The traffic engineer may revoke such permits at
any time.
2. It is unlawful for any permittee or other person to violate any of
the special terms or conditions of any permit issued under this
section.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-13 PUBLIC CARRIER
STOPS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-13_PUBLIC_CARRIER_STOPS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-1301 Authority To Designate Public Carrier
Stops](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1301_Authority_To_Designate_Public_Carrier_Stops){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1302 Bus Stops,
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1302_Bus_Stops,_Restrictions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1303 Taxi Stands, Loading
Passengers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1303_Taxi_Stands,_Loading_Passengers){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1304 Restricted Use Of Bus And Taxicab
Stands](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1304_Restricted_Use_Of_Bus_And_Taxicab_Stands){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-1301 Authority To Designate Public Carrier
Stops](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1301_Authority_To_Designate_Public_Carrier_Stops){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city manager, subject to direction of the council, may establish bus
stops, stands, taxicab stands and stands for other passenger common
carrier motor vehicles on such public streets in such places and in such
manner as it determines to be of the greatest benefit and convenience to
the public. Every such bus stop, bus stand, taxicab stand or other stand
shall be designated by appropriate signs.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1302 Bus Stops,
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1302_Bus_Stops,_Restrictions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The operator of a bus shall not stand or park such vehicle upon any
street at any place other than a bus stand.
2. The operator of a bus shall not stop such vehicle upon any street at
any place for the purpose of loading or unloading passengers or
their baggage other than at a bus stop, bus stand or passenger
loading zone so designated, except in case of an emergency.
3. The operator of a bus shall enter a bus stop, bus stand or passenger
loading zone on a public street in such a manner that the bus, when
stopped to load or unload passengers or baggage, shall be in a
position with the right front wheel of such vehicle not further than
18 inches from the curb and the bus approximately parallel to the
curb so as not to unduly impede the movement of other vehicular
traffic.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1303 Taxi Stands, Loading
Passengers](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1303_Taxi_Stands,_Loading_Passengers){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The operator of a taxicab shall not stand or park such vehicle upon any
street or any place other than in a taxicab stand so designated. This
section shall not prevent the operator of a taxicab from temporarily
stopping in accordance with other stopping or parking regulations at any
place for the purpose of and while actually engaged in the expeditious
loading or unloading of passengers.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1304 Restricted Use Of Bus And Taxicab
Stands](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1304_Restricted_Use_Of_Bus_And_Taxicab_Stands){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall stop, stand or park a vehicle other than a bus in a bus
stop, or other than a taxicab in a taxicab stand, when any such stop or
stand has been officially designated and appropriately signed; except
that the driver of a passenger vehicle may temporarily stop therein for
the purpose of and while actually engaged in loading or unloading
passengers when such stopping does not interfere with any bus or taxicab
waiting to enter such zone.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-14
ACCIDENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-14_ACCIDENTS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-1401 Accidents Involving Death Or Personal
Injury](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1401_Accidents_Involving_Death_Or_Personal_Injury){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1402 Accidents Involving Damage To
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1402_Accidents_Involving_Damage_To_Property){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1403 Duty To Give Information And Render
Aid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1403_Duty_To_Give_Information_And_Render_Aid){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1404 Duty Upon Striking Unattended
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1404_Duty_Upon_Striking_Unattended_Vehicle){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1405 Duty Upon Striking Fixtures Upon A
Highway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1405_Duty_Upon_Striking_Fixtures_Upon_A_Highway){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1406 Immediate Notice Of
Accident](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1406_Immediate_Notice_Of_Accident){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1407 When Driver Unable To
Report](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1407_When_Driver_Unable_To_Report){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-1401 Accidents Involving Death Or Personal
Injury](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1401_Accidents_Involving_Death_Or_Personal_Injury){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The driver of any vehicle involved in an accident resulting in injury to
or death of any person shall immediately stop such vehicle at the scene
of such accident or as close thereto as possible but shall then
forthwith return to and in every event shall remain at the scene of the
accident until he has fulfilled the requirements of section 15-1403.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1402 Accidents Involving Damage To
Property](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1402_Accidents_Involving_Damage_To_Property){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The driver of any vehicle involved in an accident resulting only in
apparent damage to property shall immediately stop such vehicle at
the scene of such accident or as close thereto as possible. The
driver shall remain at the scene of such accident until he has
fulfilled the requirements of section 15-1403. Every such stop shall
be made without obstructing traffic more than is necessary. Any
person failing to stop or comply with the requirements under such
circumstances shall be guilty of a misdemeanor.
2. If the damage resulting from such accident is to the property of the
driver only, with no damage to the person or property of another,
the driver need not stop at the scene of the accident but shall make
report of the damage resulting.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1403 Duty To Give Information And Render
Aid](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1403_Duty_To_Give_Information_And_Render_Aid){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The driver of any vehicle involved in an accident resulting in injury to
or death of any person or damage to any vehicle which is driven or
attended by any person shall give his correct name, address and
registration number of the vehicle he is driving, and shall, upon
request and if available, exhibit his driver\'s license and his security
verification form, as defined in this Code, to the person struck or the
driver or occupant of or person attending any vehicle collided with, and
shall render to any person injured in such accident reasonable
assistance, including the carrying, or the making of arrangements for
the carrying, of such person to a physician, surgeon or hospital for
medical or surgical treatment if it is apparent that such treatment is
necessary or if such carrying is requested by the injured person.
**State Law reference**--- Similar provisions, 47 O.S. § 10-104.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1404 Duty Upon Striking Unattended
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1404_Duty_Upon_Striking_Unattended_Vehicle){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The driver of any vehicle which collides with any vehicle which is
unattended shall immediately stop and shall then and there either locate
and notify the operator or owner of such vehicle of the correct name and
address of the driver and owner of the vehicle striking the unattended
vehicle, and provide the operator or owner with information from his
security verification form, as defined in this Code, or shall leave in a
conspicuous place in the vehicle struck a written notice giving the name
and address of the driver and of the owner of the vehicle doing the
striking, and providing information from his security verification form,
as defined by this Code, and a statement of the circumstances thereof.
**State Law reference**--- Similar provisions, 47 O.S. § 10-105.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1405 Duty Upon Striking Fixtures Upon A
Highway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1405_Duty_Upon_Striking_Fixtures_Upon_A_Highway){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The driver of any vehicle involved in an accident resulting only in
damage to fixtures or other property legally upon or adjacent to a
highway shall take reasonable steps to locate and notify the owner or
person in charge of such property of such fact and of his name and
address and of the registration number of the vehicle he is driving and
shall, upon request and if available, exhibit his driver\'s license and
his security verification form, as defined in this Code, and shall make
report of such accident when and as required in section 15-1407.
**State Law reference**--- Similar provisions, 47 O.S. § 10-106.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1406 Immediate Notice Of
Accident](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1406_Immediate_Notice_Of_Accident){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The driver of a vehicle involved in any accident shall immediately, by
the quickest means of communication, give notice of such accident to the
police department, on forms provided by the police department, after
complying with the requirements of section 15-1403. A report shall be
made on forms provided by the department. Where personal injury or death
occurs, the driver of the vehicle shall remain at the scene of the
accident until police officers arrive, except in cases of personal
injury requiring immediate attention.
**State Law reference**--- Similar provisions, 47 O.S. § 10-107.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1407 When Driver Unable To
Report](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1407_When_Driver_Unable_To_Report){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. An accident report is not required under this chapter from any
person who is physically incapable of making report during the
period of such incapacity.
2. Whenever the driver of a vehicle is physically incapable of giving
an immediate notice of an accident as required in section 15-1406
and there was another occupant in the vehicle at the time of the
accident capable of doing so, such occupant shall make or cause to
be given the notice not given by the driver.
**State Law reference**--- Similar provisions, 47 O.S. § 10-111.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-15
MOTORCYCLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-15_MOTORCYCLES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-1501 Operation Of
Motorcycle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1501_Operation_Of_Motorcycle){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1502 Equipment
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1502_Equipment_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1503 Headgear
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1503_Headgear_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1504 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1504_License_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1505 Minibikes, Dirt Bikes, Trail Bikes Restricted On
Operations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1505_Minibikes,_Dirt_Bikes,_Trail_Bikes_Restricted_On_Operations){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-1501 Operation Of
Motorcycle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1501_Operation_Of_Motorcycle){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall operate a motorcycle or motor-driven cycle,
including a motor scooter or motor-driven bicycle, on a street in
the city during a time when state law prohibits the operation of
such vehicle.
2. No driver of a three-wheel motor vehicle or motor driven bicycle
shall carry any other person on, upon or within such vehicle on any
street in the city, except as hereinafter provided. If any two-or
three-wheel motor vehicle with a wheel diameter of 12 inches or
greater or any bicycle shall have either a double seating device
with double foot rests or a side car attachment providing a separate
seat space within such side car attachment for each person riding
therein so that such person shall be seated entirely within the body
of the side car, it shall be permissible for an operator who has
attained the age of 16 or older to carry a passenger. A
demonstration ride by a licensed dealer or his employee is excepted
from the provisions hereof.
3. No motorcycle or motor scooter shall be ridden upon any sidewalk.
4. Handlebars on motorcycles and motor scooters shall not exceed 12
inches in height, measured from the crown or point of attachment.
5. No rider of a motorcycle or motor scooter shall hold to any moving
vehicle for the purpose of being propelled.
6. No driver of a motorcycle, motor scooter or bicycle shall pass other
vehicles between lanes of traffic traveling in the same direction,
authorized emergency vehicles excepted.
7. No person shall operate any motorcycle or any motor scooter at a
speed greater than the speed limit legally posted. In no event nor
at any time may an operator under the age of 16 years operate a
motorcycle or motor scooter at a speed greater than 35 miles per
hour.
8. A person operating a motorcycle or motor-driven cycle shall ride
only on the permanent and regular seat attached thereto.
**State Law reference**--- Restriction on transporting others by
motorcycles, motorized scooters, etc., 47 O.S. § 11-1103; speed
limitation on motorcycles, motorized scooters, etc., 47 O.S. § 11-805.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1502 Equipment
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1502_Equipment_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following equipment shall be required on all motorcycles and all
motor scooters except when attached on actual trail rides conducted
outside of public streets, roads and highways:
1. *Rear-view mirrors*. All vehicles covered under this chapter shall
be equipped with two mirrors, containing a reflection surface of not
less than three inches in diameter, mounted one on each side of the
vehicle and positioned so as to enable the operator to clearly view
the roadway for a distance of 200 feet to the rear of his vehicle;
2. *Windshield*. All vehicles covered under this section shall be
equipped with a windshield of sufficient quality, size and thickness
to protect the operator from foreign objects, except that in lieu of
such windshield the operator shall wear goggles or face shield of
material and design to protect him from foreign objects;
3. *Brakes*. All vehicles covered under this chapter shall be equipped
with brakes adequate to control the movement of same to stop and
hold such vehicles, including two separate means of applying the
brakes, one of which is effective to apply the brakes to the front
wheel and one of which is effective to apply the brakes to the rear
wheels. All such vehicles shall be equipped with a stop lamp on the
rear of the vehicle which shall display a red or amber light, or any
shade of color between red and amber, visible from a distance of not
less than 100 feet to the rear in normal sunlight, and which shall
be actuated upon application of the service brake;
4. *Speedometer*. All vehicles covered under this chapter shall be
equipped with a properly operating speedometer capable of
registering at least the maximum legal speed limit for the vehicle;
5. *Fender*. All vehicles covered under this chapter shall be equipped
with a fender over each wheel. All fenders shall be of the type
provided by the manufacturer;
6. *Lights*. All vehicles covered under this chapter shall carry at
least one lighted head lamp capable of showing a white light visible
at least 300 feet in the direction in which the same are proceeding,
and one tail lamp mounted in the rear which, when lighted, shall
omit a red light plainly visible from at least 300 feet to the rear;
and such lights required by this chapter shall be burning whenever
such vehicles are in motion during the period from one-half hour
after sunset and one-half hour before sunrise and at any other time
when, due to insufficient light or unfavorable atmospheric
conditions, persons and vehicles on the streets are not clearly
discernible at a distance of at least 500 feet ahead;
7. *Red reflectors*. All vehicles covered under this chapter shall
carry on the rear thereof, either as a part of the tail light or
separately, at least one red reflector which shall be of such size
and characteristics as to be visible at night from all distances
within 350 feet to 100 feet from the vehicle when directly in front
of lawful upper beams of headlights on motor vehicles;
8. *Muffler*. No person shall operate a vehicle covered under this
section with an exhaust system modified so that motor noise is
increased greater than that of the original muffler equipment
provided by the manufacturer of the vehicle.
**State Law reference**--- Similar provisions, 47 O.S. § 12-601 et seq.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1503 Headgear
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1503_Headgear_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person under 18 years of age shall operate or ride upon any
motorcycle unless such person is properly wearing a crash helmet of a
type which complies with standards established by 49 CFR 571.218.
**State Law reference**--- Similar provisions, 47 O.S. § 12-609(B).
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1504 License
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1504_License_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All operators of motorcycle or motor-driven cycle shall have a current,
valid license issued by the state and conform to any specific
restriction contained thereon.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1505 Minibikes, Dirt Bikes, Trail Bikes Restricted On
Operations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1505_Minibikes,_Dirt_Bikes,_Trail_Bikes_Restricted_On_Operations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to operate within the city limits a
minibike, trail bike or dirt bike within 300 feet of a residential
dwelling. However, minibikes used by regularly organized units of any
Shrine Temple shall be exempt from the provisions of this section while
being used in any parade or other function of such body.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-16
BICYCLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-16_BICYCLES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-1601 Effects Of Regulations, Parent\'s
Duty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1601_Effects_Of_Regulations,_Parent's_Duty){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1602 Applicability Of Traffic
Laws](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1602_Applicability_Of_Traffic_Laws){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1603 Obedience To Traffic-Control
Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1603_Obedience_To_Traffic-Control_Devices){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1604 Manner Of Riding
Bicycle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1604_Manner_Of_Riding_Bicycle){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1605 Riding On Roads And Bicycle
Paths](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1605_Riding_On_Roads_And_Bicycle_Paths){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1606 Speed
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1606_Speed_Restrictions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1607 Carrying
Articles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1607_Carrying_Articles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1608
Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1608_Parking){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1609 Riding On Sidewalk
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1609_Riding_On_Sidewalk_Prohibited){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1610 Lights And
Brakes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1610_Lights_And_Brakes){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1611 Rider Not To Cling To Other
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1611_Rider_Not_To_Cling_To_Other_Vehicle){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1612 Emerging From Alley, Driveway Or
Building](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1612_Emerging_From_Alley,_Driveway_Or_Building){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1613 Dealers To
Report](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1613_Dealers_To_Report){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1614
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1614_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-1601 Effects Of Regulations, Parent\'s
Duty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1601_Effects_Of_Regulations,_Parent's_Duty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The parent of any child and the guardian of any ward shall not
authorize or knowingly permit any child or ward to violate any of
the provisions of this chapter.
2. These regulations applicable to bicycles shall apply whenever a
bicycle is operated upon any highway or upon any path set aside for
the exclusive use of bicycles, subject to the exceptions stated
herein.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1201.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1602 Applicability Of Traffic
Laws](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1602_Applicability_Of_Traffic_Laws){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person riding a bicycle upon a roadway shall be granted all of the
rights and shall be subject to all of the duties applicable to the
driver of a vehicle by the laws of the state declaring rules and or road
applicable to the driver of a vehicle, except as to special regulations
in this chapter and except as to those provisions of laws and ordinances
which by their nature can have no application.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1202.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1603 Obedience To Traffic-Control
Devices](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1603_Obedience_To_Traffic-Control_Devices){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Any person operating a bicycle shall obey the instructions of
official traffic-control signals, signs and other control devices
applicable to vehicles, unless otherwise directed by a police
officer,or permitted under this section.
2. A person operating a bicycle approaching a stop sign shall:
1. Slow down,
2. If required to avoid an immediate hazard, stop at the stop sign
before entering the intersection,
3. Cautiously enter the intersection and yield the right-of-way to
pedestrians lawfully within an adjacent crosswalk and to other
traffic lawfully using the intersection,
4. If the person operating a bicycle determines there is no
immediate hazard, he or she may cautiously make a right or left
turn, or proceed through the intersection without stopping at
the stop sign.
3. A person operating a bicycle approaching a steady red
traffic-control signal shall:
1. Make a complete stop at the steady red traffic-control signal
before entering the intersection, and
2. Yield the right of way to all oncoming traffic that constitutes
an immediate hazard during the time that he or she is moving
across or within the intersection.
3. If a person operating a bicycle determines there is no immediate
hazard, he or she may proceed through the steady red
traffic-control signal with caution.
4. A person operating a bicycle may make a right-hand turn at a
steady red traffic-control signal without stopping after slowing
to a reasonable speed and yielding the right-of-way, if
required, to oncoming traffic that constitutes an immediate
hazard, or
5. Left-hand turn onto a one-way street at a steady red
traffic-control signal after stopping and yielding to oncoming
traffic that constitutes an immediate hazard.
4. Whenever authorized signs are erected indicating that no right turn,
left turn or U-turn is permitted, no person operating a bicycle
shall disobey the direction of any such sign except where such
person dismounts from the bicycle to make such turn, in which event
such person shall then obey the regulations applicable to
pedestrians.\
\
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
Amended by Ord.
[988(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_988.21.pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/4/2021\
*
:::
::: phx-name
[Sec 15-1604 Manner Of Riding
Bicycle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1604_Manner_Of_Riding_Bicycle){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A person propelling a bicycle shall not ride other than astride a
permanent and regular seat attached thereto.
2. No bicycle shall be used to carry more persons at one time than the
number for which it is designed and equipped.
3. A person shall ride a bicycle only in the manner in which it is
designed and equipped to carry the person.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1203.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1605 Riding On Roads And Bicycle
Paths](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1605_Riding_On_Roads_And_Bicycle_Paths){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every person operating a bicycle or motorized scooter upon a roadway
at less than the normal speed of traffic at the time and place and
under the conditions then existing shall ride as close as is safe to
the right-hand curb or edge of the roadway, except under any of the
following situations:
1. When overtaking and passing another vehicle proceeding in the
same direction;
2. When preparing for a left turn at an intersection or into a
private road or driveway;
3. When reasonably necessary to avoid conditions and while
exercising due care, including, but not limited to:
1. Fixed or moving objects;
2. Parked or moving vehicles;
3. Pedestrians or animals;
4. Surface hazards; or
5. Any time it is unsafe to continue along the right-hand curb
or edge of the roadway; and
4. When riding in the right-turn-only lane.
2. Any person riding a bicycle or motorized scooter upon a one-way
street or highway with two or more marked lanes of travel may ride
as close as is safe to the left-hand curb or edge of the street or
highway.
3. No person operating a bicycle or motorized scooter shall pass other
vehicles between lanes of traffic traveling in the same direction.
4. Persons riding bicycles or motorized scooters upon a roadway shall
not ride more than two abreast except on paths or parts of roadways
set aside for the exclusive use of bicycles or motorized scooters.
Persons riding two abreast shall not impede the normal and
reasonable flow of traffic and, on a laned roadway, shall ride
within a single lane.
5. Wherever a usable path for bicycles has been provided adjacent to a
roadway, bicycle riders shall use such path and shall not use the
roadway.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1205.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1606 Speed
Restrictions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1606_Speed_Restrictions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall operate a bicycle at a speed greater than is reasonable
and prudent under the conditions then existing.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1607 Carrying
Articles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1607_Carrying_Articles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person operating a bicycle shall carry any package, bundle or article
which prevents the rider from keeping at least one hand upon the
handlebars.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1608
Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1608_Parking){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall park a bicycle upon a street other than upon the roadway
against the curb or upon the sidewalk in a rack to support the bicycle
or against a building or at the curb, in such manner as to afford the
least obstruction to pedestrian traffic.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1609 Riding On Sidewalk
Prohibited](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1609_Riding_On_Sidewalk_Prohibited){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall ride a bicycle upon a sidewalk in the business
district.
2. Whenever a person is riding a bicycle upon a sidewalk, such person
shall yield the right-of-way to any pedestrian and shall give
audible signal before overtaking and passing the pedestrian.
3. The city manager may erect signs on any sidewalk or roadway
prohibiting the riding of bicycles thereon. When such signs are in
place, no person shall disobey them.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1610 Lights And
Brakes](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1610_Lights_And_Brakes){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every bicycle in use at the times described in 47 O.S. § 12-201(B)
shall be equipped with a lamp on the front emitting a white light
visible from a distance of at least 1,000 feet to the front. This
subsection shall not apply to a street or highway with a speed limit
of 25 miles per hour or less.
2. Every bicycle in use at the times described in 47 O.S. § 12-201(B)
shall be equipped with a lamp on the rear emitting a red light
visible from a distance of at least 1,000 feet to the rear. This
subsection shall not apply to a street or highway with a speed limit
of 25 miles per hour or less.
3. Every bicycle shall be equipped with a red reflector which shall be
visible for 600 feet to the rear when directly in front of lawful
lower beams of headlamps on a motor vehicle.
4. Every bicycle when in use at the times described in 47 O.S. §
12-201(B) shall be equipped with reflective material of sufficient
size and reflectivity to be visible from both sides for 600 feet
when directly in front of lawful lower beams of headlamps on a motor
vehicle.
5. A bicycle or its rider may be equipped with lights or reflectors in
addition to those required by the foregoing sections, provided such
lights or reflectors shall comply with the provisions and
limitations of 47 O.S. ch. 12, art. II (47 O.S. § 12-201 et seq.).
6. Every bicycle shall be equipped with a brakes which will enable its
driver to stop the bicycle within 25 feet from a speed of ten miles
per hour on dry, level, clean pavement.
7. A bicycle shall not be equipped with, nor shall any person use upon
a bicycle, any siren.
**State Law reference**--- Similar provisions, 47 O.S. §§
12-702---12-709.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1611 Rider Not To Cling To Other
Vehicle](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1611_Rider_Not_To_Cling_To_Other_Vehicle){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person riding upon any bicycle shall attach the same or himself to
any vehicle upon a roadway.
**State Law reference**--- Similar provisions, 47 O.S. § 11-1204.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1612 Emerging From Alley, Driveway Or
Building](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1612_Emerging_From_Alley,_Driveway_Or_Building){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The operator of a bicycle emerging from an alley, driveway or building
shall, upon approaching a sidewalk or the sidewalk area extending across
any alleyway, yield the right-of-way to all pedestrians approaching on
the sidewalk or sidewalk area, and upon entering the roadway shall yield
the right-of-way to all vehicles approaching on the roadway.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1613 Dealers To
Report](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1613_Dealers_To_Report){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person engaged in the business of buying or selling new or used
bicycles shall make a report to the police department of every bicycle
purchased or sold by such dealer, giving the name and address of the
person from whom purchased or to whom sold, the name or make, the frame
number thereof and the number of the license plate thereon, if any.
Dealers buying a bicycle shall not be required to secure a license
therefor, but may leave any existing license plate, if any, thereon
until the bicycle is sold. A person purchasing a bicycle from a dealer
for use shall secure a license as provided in this chapter.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1614
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1614_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person convicted of a violation of any provision of this chapter
shall be punished as provided in section 1-108.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-17
PEDESTRIANS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-17_PEDESTRIANS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-1701 Subject To Traffic-Control
Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1701_Subject_To_Traffic-Control_Signals){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1702 Rights And Duties Of Persons Operating Wheelchair Or
Motorized
Wheelchair](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1702_Rights_And_Duties_Of_Persons_Operating_Wheelchair_Or_Motorized_Wheelchair){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1703 Right-Of-Way At
Crosswalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1703_Right-Of-Way_At_Crosswalks){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1704 Pedestrians To Use Right Half Of
Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1704_Pedestrians_To_Use_Right_Half_Of_Crosswalk){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1705 Crossing At Right
Angles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1705_Crossing_At_Right_Angles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1706 When Pedestrians Shall
Yield](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1706_When_Pedestrians_Shall_Yield){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1707 Prohibited
Crossing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1707_Prohibited_Crossing){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1708 Obedience To Railroad
Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1708_Obedience_To_Railroad_Signals){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1709 Walking Along
Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1709_Walking_Along_Roadway){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1710 Hitchhiking; Soliciting
Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1710_Hitchhiking;_Soliciting_Business){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1711 Drivers To Exercise
Care](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1711_Drivers_To_Exercise_Care){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1712 Use Of White Cane; Special Provisions For Blind
Pedestrians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1712_Use_Of_White_Cane;_Special_Provisions_For_Blind_Pedestrians){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-1701 Subject To Traffic-Control
Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1701_Subject_To_Traffic-Control_Signals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Pedestrians shall be subject to traffic-control signals as declared in
this part. At all other places, pedestrians shall be granted those
rights and be subject to the restrictions stated in this chapter.
**State Law reference**--- Similar provisions, 47 O.S. § 11-501.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1702 Rights And Duties Of Persons Operating Wheelchair Or
Motorized
Wheelchair](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1702_Rights_And_Duties_Of_Persons_Operating_Wheelchair_Or_Motorized_Wheelchair){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person operating a wheelchair or a motorized wheelchair shall have
all of the rights and all of the duties applicable to a pedestrian
contained in this chapter except those provisions which by their nature
can have no application.
**State Law reference**--- Similar provisions, 47 O.S. § 11-501.1.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1703 Right-Of-Way At
Crosswalks](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1703_Right-Of-Way_At_Crosswalks){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. When traffic-control signals are not in place or not in operation,
the driver of a vehicle shall yield the right-of-way, slowing down
or stopping if need be to so yield, to a pedestrian crossing the
roadway within a crosswalk when the pedestrian is upon the half of
the roadway upon which the vehicle is traveling, or when the
pedestrian is approaching so closely from the opposite half of the
roadway as to be in danger.
2. No pedestrian shall suddenly leave a curb or other place of safety
and walk or run into the path of a vehicle which is so close that it
is impossible for the driver to yield.
**State Law reference**--- Similar provisions, 47 O.S. § 11-502.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1704 Pedestrians To Use Right Half Of
Crosswalk](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1704_Pedestrians_To_Use_Right_Half_Of_Crosswalk){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Pedestrians shall move, whenever practicable, upon the right half of
crosswalks.
**State Law reference**--- Similar provisions, 47 O.S. § 11-505.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1705 Crossing At Right
Angles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1705_Crossing_At_Right_Angles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No pedestrian shall cross a roadway at any place other than by route at
right angles to the curb or by the shortest route to the opposite curb
except in a crosswalk.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1706 When Pedestrians Shall
Yield](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1706_When_Pedestrians_Shall_Yield){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Every pedestrian crossing a roadway at any point other than within a
marked crosswalk or within an intersection shall yield the
right-of-way to all vehicles upon the roadway.
2. Any pedestrian crossing a roadway at a point where a pedestrian
tunnel or overhead pedestrian crossing has been provided shall yield
the right-of-way to all vehicles upon the roadway.
3. This section shall not apply under the conditions stated in section
15-1707 when pedestrians are prohibited from crossing at certain
designated places.
**State Law reference**--- Similar provisions, 47 O.S. § 11-503.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1707 Prohibited
Crossing](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1707_Prohibited_Crossing){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Between adjacent intersections at which traffic-control signals are in
operation, pedestrians shall not cross at any place except in a
crosswalk.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1708 Obedience To Railroad
Signals](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1708_Obedience_To_Railroad_Signals){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No pedestrian shall pass through, around, over or under any crossing
gate or barrier at a railroad grade crossing while such gate or barrier
is closed or is being opened or closed.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1709 Walking Along
Roadway](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1709_Walking_Along_Roadway){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Where sidewalks are provided, no pedestrian shall walk along and
upon an adjacent roadway.
2. Where sidewalks are not provided, any pedestrian walking along and
upon a highway shall, when practicable, walk only on the left side
of the roadway or its shoulder facing traffic which may approach
from the opposite direction and shall yield to approaching vehicles.
3. It shall be unlawful for any person to enter upon any portion of a
bridge for the purpose of diving or jumping therefrom into a lake,
river or stream for recreation, and it shall be unlawful for a
pedestrian to use a bridge where sidewalks are not provided for the
purpose of standing or sightseeing.
**State Law reference**--- Similar provisions, 47 O.S. § 11-506.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1710 Hitchhiking; Soliciting
Business](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1710_Hitchhiking;_Soliciting_Business){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall stand in a roadway for the purpose of soliciting a
ride, donation, employment or business from the occupant of any
vehicle.
2. No person shall stand on or in proximity to a street or highway for
the purpose of soliciting the watching or guarding of any vehicle
while parked or about to be parked on a street or highway.
**State Law reference**--- Similar provisions, 47 O.S. § 11-507.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1711 Drivers To Exercise
Care](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1711_Drivers_To_Exercise_Care){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Notwithstanding the provisions of this chapter, every driver of a
vehicle shall exercise due care to avoid colliding with any pedestrian
upon any roadway, shall give warning by sounding the horn when necessary
and shall exercise proper precaution upon observing any child or any
confused or incapacitated person upon a roadway.
**State Law reference**--- Similar provisions, 47 O.S. § 11-504.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1712 Use Of White Cane; Special Provisions For Blind
Pedestrians](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1712_Use_Of_White_Cane;_Special_Provisions_For_Blind_Pedestrians){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is unlawful for any person not wholly or partially blind to carry
or use upon the streets, highways or public places of the city any
cane or walking stick which is white in color or red tipped.
2. Any driver of a vehicle who knowingly approaches within 15 feet of a
person who is in the roadway or at an intersection and who is wholly
or partially blind and who is carrying a cane or walking stick white
in color, or white tipped with red, or who is using a dog guide
wearing a specialized harness, or who is wholly or partially deaf
and is using a signal dog wearing an orange identifying collar, or
who is physically handicapped and is using a service dog, shall
immediately come to a full stop and take such precautions before
proceeding as may be necessary to avoid accident or injury to the
person wholly or partially blind, deaf or physically handicapped.
For purposes of this subsection, a dog guide means any dog that is
specially trained to guide a blind person.
**State Law reference**--- Similar provisions, 7 O.S. §§ 11, 12.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-18
ENFORCEMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-18_ENFORCEMENT){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-1801 Authority Of Police And Fire
Officials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1801_Authority_Of_Police_And_Fire_Officials){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1802 Authority To Direct
Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1802_Authority_To_Direct_Traffic){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1803 Emergency And Experimental
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1803_Emergency_And_Experimental_Regulations){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1804 Obedience To Police And Fire Officials
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1804_Obedience_To_Police_And_Fire_Officials_Required){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1805 Applicability To Public
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1805_Applicability_To_Public_Employees){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1806 Authorized Emergency
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1806_Authorized_Emergency_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1807 Persons Working On Streets
Exempted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1807_Persons_Working_On_Streets_Exempted){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1808 Closing Streets For Repairs, Barricades Required; Use Of
Street
Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1808_Closing_Streets_For_Repairs,_Barricades_Required;_Use_Of_Street_Restricted){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1809 Riding Animals And Animal-Drawn
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1809_Riding_Animals_And_Animal-Drawn_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1810 Notification Of Runs By Emergency
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1810_Notification_Of_Runs_By_Emergency_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-1801 Authority Of Police And Fire
Officials](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1801_Authority_Of_Police_And_Fire_Officials){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. It is the duty of all police officers of the police department to
enforce the street traffic regulations of the city and the state, to
make arrests for the traffic violations, and to investigate
accidents.
2. Officers of the police department or such officers as are assigned
by the chief of police are authorized to direct all traffic by
voice, hand, mechanical signals or signs in conformance with the
provisions of this chapter. In the event of a fire or other
emergency as herein defined, or other unusual traffic conditions, to
expedite traffic or safeguard pedestrians, officers of the police
department or fire department may direct and take control of traffic
as conditions may require, and as near as practicable, follow the
general provisions of this chapter.
3. Officers of the fire department, when at the scene of a fire or
other emergency, may direct or assist the police in directing
traffic thereat or in the immediate vicinity.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1802 Authority To Direct
Traffic](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1802_Authority_To_Direct_Traffic){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All traffic in the city shall be controlled by ordinances of the city
and the laws of the state relating thereto. No person shall direct or
attempt to direct traffic except police officers and other officers
authorized by the city.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1803 Emergency And Experimental
Regulations](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1803_Emergency_And_Experimental_Regulations){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The city manager is empowered to make effective the provisions of
the traffic ordinances of the city and to make temporary or
experimental regulations to cover emergencies or special conditions.
No such temporary or experimental regulation shall remain in effect
for more than 90 days.
2. The city may have traffic-control devices tested under actual
conditions of traffic.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1804 Obedience To Police And Fire Officials
Required](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1804_Obedience_To_Police_And_Fire_Officials_Required){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
No person shall willfully fail or refuse to comply with any lawful order
or direction of a police officer or fire department official.
**State Law reference**--- Similar provisions, 47 O.S. § 11-103.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1805 Applicability To Public
Employees](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1805_Applicability_To_Public_Employees){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. This chapter shall apply to the driver of any vehicle owned by or
used in the service of the United States government, any state,
county, city or other governmental unit or agency, as well as to
other vehicles. No such driver shall violate any of the provisions
of this chapter, except as otherwise permitted in this chapter or by
state statute.
2. This chapter shall not apply to the military forces organizations of
the United States and of the National Guard when performing any
military duty.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1806 Authorized Emergency
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1806_Authorized_Emergency_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The driver of an authorized emergency vehicle, when responding to an
emergency call or when in the pursuit of an actual or suspected
violator of the law or when responding to but not upon returning
from a fire alarm, may exercise the privilege set forth in this
section, but subject to the conditions herein stated.
2. The driver of an authorized emergency vehicle may:
1. Park, or stand, irrespective of the provisions of this part;
2. Proceed past a red or stop signal or stop sign, but only after
slowing down as may be necessary for safe operation;
3. Exceed the maximum speed limits so long as speeding does not
endanger life or property;
4. Disregard regulations governing direction of movement; and
5. Disregard regulations governing turning in specified directions.
3. The exemptions herein granted to the driver of an authorized
emergency vehicle shall apply only when the driver is properly and
lawfully making use of an audible signal or of flashing red or blue
lights or a combination of flashing red and blue lights meeting the
requirements of 47 O.S. § 12-218, except that an authorized
emergency vehicle operated as a police vehicle need not be equipped
with or display a red or blue light visible from in front of the
vehicle. This subsection shall not be construed as requiring a peace
officer operating a police vehicle properly and lawfully in response
to a crime in progress to use audible signals.
4. The exemptions in subsection (B)(3) and (5) of this section shall be
granted to a law enforcement officer operating an authorized
emergency vehicle for law enforcement purposes without using audible
and visual signals required by this section as long as the action
does not endanger life or property if the officer is following a
suspected violator of the law with probable cause to believe that:
1. Knowledge of the presence of the officer will cause the suspect
to:
1. Destroy or lose evidence of a suspected felony;
2. End a suspected continuing felony before the officer has
obtained sufficient evidence to establish grounds for
arrest; or
3. Evade apprehension or identification of the suspect or the
vehicle of the suspect; or
2. Because of traffic conditions, vehicles moving in response to
the audible or visual signals may increase the potential for a
collision.
The exceptions granted in this subsection shall not apply to an
officer who is in actual pursuit of a person who is eluding or
attempting to elude the officer in violation of 21 O.S. § 540A.
5. The provisions of this section shall not relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard
for the safety of all persons, nor shall such provisions protect the
driver from the consequences of reckless disregard for the safety of
others.
**State Law reference**--- Similar provisions, 47 O.S. § 11-106.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1807 Persons Working On Streets
Exempted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1807_Persons_Working_On_Streets_Exempted){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Unless specifically made applicable, the provisions of this chapter
shall not apply to persons, teams, motor vehicles and other equipment
while actually engaged in work upon the surface of a street, or to
persons, motor vehicles and other equipment while actually engaged in
construction, maintenance or repair of public utilities. All highway and
public utility operations shall be protected by adequate warning signs,
signals, devices or flagmen.
**State Law reference**--- Similar provisions, 47 O.S. § 11-105.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1808 Closing Streets For Repairs, Barricades Required; Use Of
Street
Restricted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1808_Closing_Streets_For_Repairs,_Barricades_Required;_Use_Of_Street_Restricted){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. City personnel or contractors, while repairing or improving or
repairing lines or other utility facilities in the streets, are
authorized, as necessary, subject to control of the chief of the
traffic division, to close any street or section thereof to traffic
during such repair, maintenance or construction. In exercising such
authority, such person shall erect or cause to be erected proper
control devices and barricades to warn and notify the public that
the street has been closed to traffic.
2. When any street has been closed to traffic under the provisions of
subsection (A) of this section, and traffic-control devices or
barricades have been erected, no person shall drive any vehicle
through, under, over or around such traffic-control devices or
barricades, or otherwise enter the closed area. This subsection
shall not apply to persons while engaged in such construction,
maintenance and repair or to persons entering therein for the
protection of lives or property. Persons having their places of
residence or places of business within the closed area may travel,
when possible to do so, through the area at their own risk.
3. Whenever construction, repair or maintenance of any street or
utility line or facility is being performed under traffic, the city
personnel, contractor, or utility company concerned shall erect or
cause to be erected traffic-control devices to warn and guide the
public. Every person using such street shall obey all signs,
signals, markings flagmen or other traffic-control devices which are
placed to regulate, control and guide traffic through the
construction or maintenance area.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1809 Riding Animals And Animal-Drawn
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1809_Riding_Animals_And_Animal-Drawn_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Every person propelling any pushcart or riding an animal upon a roadway,
and every person driving any animal-drawn vehicle shall be subject to
the provisions of this chapter applicable to the driver of any vehicle,
except those provisions of this chapter which by their very nature can
have no application.
**State Law reference**--- Similar provisions, 47 O.S. § 11-104.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-1810 Notification Of Runs By Emergency
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1810_Notification_Of_Runs_By_Emergency_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to drive on the streets of the city any
emergency vehicle, including, but not limited to, police patrol cars,
fire trucks, ambulances, sheriff\'s cars, highway patrol cars and police
motorcycles, while sounding a siren, horn, bell or other noise-making
device designed to forewarn the populace of the approach of such
vehicle, without first advising the police department by contacting the
police dispatcher on duty of the intention to make the emergency run and
giving the name of the person making the run, the destination, the route
which is intended to be traveled and the nature of the emergency.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-19 IMPOUNDMENT OF
VEHICLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-19_IMPOUNDMENT_OF_VEHICLES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-1901 Authority To Impound Vehicles; Release Of
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1901_Authority_To_Impound_Vehicles;_Release_Of_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-1902 Abandoning
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1902_Abandoning_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-1901 Authority To Impound Vehicles; Release Of
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1901_Authority_To_Impound_Vehicles;_Release_Of_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Members of the police department are authorized to remove a vehicle
from a street to a garage or other place of safety under any of the
following circumstances:
1. When an officer arrests any person driving or in control of a
vehicle for an alleged offense and the officer is, by ordinance,
state statute or departmental policy, required or permitted to
take and does take the person arrested either before a duly
appointed judge or to a place of incarceration;
2. When such a vehicle is left unattended upon any bridge, viaduct,
causeway, tube or tunnel, highway or any public thoroughfare or
street, and it constitutes a hazard or obstruction to traffic;
3. When a vehicle is left unattended or disabled as to constitute
an obstruction to traffic and the person in charge of such
vehicle is, by reason of physical injury or otherwise,
incapacitated to such an extent as to be unable to provide for
its custody or removal;
4. When any vehicle is left unattended upon a street and is so
parked illegally as to constitute a definite hazard or
obstruction to the normal movement of traffic;
5. When any vehicle has been parked for more than one hour in
excess of the time allowed for parking in any place;
6. When any vehicle which has been involved in two or more
violations of this part for which citation tags have been issued
and not presented as required, is parked in violation of any
provisions of this chapter;
7. When any vehicle is found where a report or complaint has
previously been made alleging that the vehicle has been stolen;
8. When the vehicle is parked in a marked handicapped parking space
and the vehicle displays no handicapped parking decal or tag
displayed as provided by law;
9. When the vehicle is parked in any parking area marked by a sign
or otherwise as a \"Tow-Away\" zone;
10. When at the request of a private property owner or the agent
thereof;
11. When a vehicle is found to be in violation of the Oklahoma
Vehicle License and Registration Act, as set forth in 47 O.S. §
1115.1.
12. When the officer has probable cause to believe that the vehicle
is not insured as required by the Compulsory Insurance Law of
the state as documented by one of the following:
1. An admission by the driver or other occupant of the vehicle;
or
2. Confirmation through the Oklahoma Insurance Department\'s
online verification system for motor vehicle liability
policies indicating the vehicle is not insured;
13. When the officer has probable cause that the person operating
the vehicle has not been granted driving privileges or that the
driving privileges of the person are currently suspended,
revoked, canceled, denied, or disqualified;
14. When at the scene of an accident, the owner or driver is not in
a position to take charge of the vehicle and direct or request
its proper removal;
15. When a red sticker has been affixed to a vehicle warning the
vehicle will be impounded after 48 hours if not removed.
2. A vehicle impounded under subsection (A) of this section shall be
released to the owner of the vehicle, or other person lawfully
entitled to take possession of the vehicle, or any other person
lawfully entitled to take possession of the vehicle, provided that
such return or delivery of same shall be made only after presenting
such proof of interest upon the following conditions when no longer
needed for investigation by the police department subject to the
following:
1. If the person seeking the release has a valid title or the
vehicle is currently registered, which registration can be
verified by the state tax commission or any similar governmental
entity that records and verifies the ownership of vehicles for
any other state, and that the person has a valid driver\'s
license or a temporary one issued when that person surrenders
his license or other proper photo identification and valid
insurance as required by the Compulsory Insurance Law of the
state.
2. If the person has a bill of sale from a local automobile dealer,
dated within 30 days of the date of impound, the person has a
valid driver\'s license or other proper photo identification and
valid insurance.
3. If the person has a valid insurance verification form and the
vehicle identification number is on this card, and on the day of
the attempted release the state tax commission verifies that the
registered owner is the person seeking release of the vehicle,
and the person has a valid driver\'s license or other proper
photo identification and valid insurance.
4. If the registered owner is unable to be present, but sends the
title or registration, a notarized statement describing the
vehicle and giving the police department the owner\'s permission
to release the vehicle to the person presenting the title or
registration and letter and that person has proper photo
identification and a copy of valid insurance for the vehicle.
For out of state owners, their local police department may
electronically notify the city police department for
verification of ownership. The police department shall keep on
file the original letter or notification.
5. The person attempting to obtain the release must sign a hold
harmless agreement releasing the city and wrecker service from
any and all liability in releasing said vehicle. The police
department shall provide the forms.
3. Whenever any vehicle has been impounded in the manner provided for
by this section, the registered or legal owner of the vehicle may
contest the validity of the removal or storage by filing a written
request for a hearing with the police department. Such written
request must be filed before the vehicle is retrieved from storage;
provided, however, the city shall not be required to provide a
hearing if the request is received more than ten days following
actual or constructive notice to the owner or driver of the vehicle
that said vehicle has been so removed or stored. Failure of either
the registered or legal owner to timely request or to timely appear
upon a scheduled hearing shall satisfy the hearing requirement of
this section.
(Ord. No. 211(97), 10-20-1997; Ord. No. 684(10), 11-15-2010)
::: phx-docs
HISTORY\
*Amended by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
Amended by Ord.
[905(19)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601347191_Ordinance%20No.%20905%20(19).pdf){.k-link
target="_blank" style="color:#0000EE"} on 4/15/2019\
*
:::
::: phx-name
[Sec 15-1902 Abandoning
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-1902_Abandoning_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall abandon a motor vehicle on a street, highway or
other public property. Any member of the state highway patrol or any
qualified sheriff, deputy sheriff or any member of the police
department shall deem a vehicle abandoned and shall have the
authority to remove or direct the removal of the vehicle when found
upon a portion of the street, highway, shoulder or right-of-way, if
after a period of 48 hours there is no evidence of an apparent owner
who intends to remove the vehicle.
2. If such officer has reasonable cause to believe a vehicle has been
abandoned in a location which would be hazardous to the free flow of
traffic or be highly susceptible to damage from vandalism or other
harm, he shall have the authority to remove or direct the removal of
the vehicle immediately.
3. Any officer or agent who has removed or directed the removal of an
abandoned vehicle must promptly request the state tax commission or
other appropriate motor license agent to furnish the name and
address of the owner of and any lienholder on the vehicle and must
within 20 days from receipt of the requested information send a
notice to the owner and any lienholder by regular mail, postage
prepaid, at the addresses furnished by the tax commission or motor
license agent, of the vehicle\'s location. This subsection shall not
be construed to create any civil liability upon such officer, any
agency, department or political subdivision of the city or employee
thereof for failure to provide such notice to the owner or
lienholder.
4. The owner of a motor vehicle abandoned in violation of this Code or
the owner of any vehicle which shall have been lawfully removed from
any highway or other public property, or any lienholder on such
vehicle, may regain possession of the vehicle in accordance with
regulations of the city upon payment of the reasonable cost of
removal and storage of such vehicles.
5. A lienholder as used in this section means those lienholders as
shown on the vehicle title.
**State Law reference**--- Abandonment of vehicles, 47 O.S. § 901 et
seq.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[CHAPTER 15-20 PENALTIES AND ARREST
PROCEDURE](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_15-20_PENALTIES_AND_ARREST_PROCEDURE){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 15-2001
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2001_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-2002 Citation Tags On Parked
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2002_Citation_Tags_On_Parked_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 15-2003 Presumption In Reference To Illegal
Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2003_Presumption_In_Reference_To_Illegal_Parking){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 15-2001
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2001_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No person shall do any act forbidden or fail to perform any act
required in this part.
2. No parent of a child or the guardian of a ward shall authorize any
child or ward to violate any provisions of this part.
3. No person shall authorize or knowingly permit any vehicle registered
in his name to be driven, or to stand, or to be parked in violation
of any provisions of this part.
4. Any person who violates any provision of this part, or performs any
unlawful act as defined in this part, or fails to perform any act
required in this part is guilty of an offense and, upon conviction
thereof, shall be punished as provided in section 1-108.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-2002 Citation Tags On Parked
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2002_Citation_Tags_On_Parked_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In cases where vehicles without drivers are parked or stopped in
violation of this part, police officers and other persons appointed by
the chief of police shall affix citation tags to the vehicles. A
violator of any provision of this part who has been given a citation tag
and fails to appear in accordance with the instructions of such tag
shall be subject to a separate offense as provided in section 1-108.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: phx-name
[Sec 15-2003 Presumption In Reference To Illegal
Parking](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_15-2003_Presumption_In_Reference_To_Illegal_Parking){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. In any prosecution charging a violation of any law or regulation
governing the standing or parking of a vehicle, proof that the
particular vehicle described in the complaint was standing or parked
in violation of any such law or regulation, together with proof that
the defendant named in the complaint was at the time of such
standing or parking the registered owner of such vehicle, shall
constitute in evidence a prima facie presumption that the registered
owner of such vehicle was the person who parked or placed such
vehicle at the point where, and for the time during which, such
violation occurred.
2. The foregoing stated presumption shall apply only when the procedure
as described in this chapter has been followed.
::: phx-docs
HISTORY\
*Adopted by Ord.
[841(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601329474_Ordinance%20No.%20841%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 12/19/2016\
*
:::
::: {.phx-name .phx-break}
[PART 16
TRANSPORTATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_16_TRANSPORTATION){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[CHAPTER 16-1
RAILROADS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_16-1_RAILROADS){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[CHAPTER 16-1
RAILROADS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_16-1_RAILROADS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 16-101 Obstructing Passage Of
Trains](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-101_Obstructing_Passage_Of_Trains){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 16-102 Climbing On
Trains](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-102_Climbing_On_Trains){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 16-101 Obstructing Passage Of
Trains](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-101_Obstructing_Passage_Of_Trains){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person who willfully or maliciously places any obstruction or any
other thing on the track of any railroad within the limits of the city,
or who tears up, removes, burns or destroys any part of such railroad,
or the works thereof, with intent to obstruct the passage of any engine
or car thereon, or to throw them off the track, is guilty of an offense,
punishable as provided in this Code.
(Code 1999, § 16-102)
::: phx-name
[Sec 16-102 Climbing On
Trains](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_16-102_Climbing_On_Trains){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
It is unlawful for any person to climb upon, hold to, or in any manner
attach himself to, any railway train, locomotive or railway car while
such is in motion within the city, unless such person is acting in the
line of duty. It is unlawful for any person to board any train or
railroad car except with a proper ticket or the permission of the person
in charge of the train or car or in the line of duty.
(Prior Code, § 19-3; Code 1999, § 19-105)
::: {.phx-name .phx-break}
[PART 17
UTILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=PART_17_UTILITIES){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[CHAPTER 17-1 LEASE OF
SYSTEMS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-1_LEASE_OF_SYSTEMS){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 17-2 GARBAGE AND REFUSE
COLLECTION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-2_GARBAGE_AND_REFUSE_COLLECTION){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 17-3 CUSTOMER ASSISTANCE PROGRAM IN RESPONSE TO SANITARY SEWER
BACKUP](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-3_CUSTOMER_ASSISTANCE_PROGRAM_IN_RESPONSE_TO_SANITARY_SEWER_BACKUP){.k-link
target="_blank" style="color:#0000EE"}\
[CHAPTER 17-4 SEWER, SEWAGE DISPOSAL AND INDUSTRIAL WASTE
PRETREATMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-4_SEWER,_SEWAGE_DISPOSAL_AND_INDUSTRIAL_WASTE_PRETREATMENT){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[CHAPTER 17-1 LEASE OF
SYSTEMS](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-1_LEASE_OF_SYSTEMS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 17-101 Lease Of Utilities To
Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-101_Lease_Of_Utilities_To_Authority){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 17-102 Authority Rules Adopted By Reference,
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-102_Authority_Rules_Adopted_By_Reference,_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 17-101 Lease Of Utilities To
Authority](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-101_Lease_Of_Utilities_To_Authority){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city hereby consents and agrees to the lease of the city\'s water,
sanitary sewerage and refuse systems and facilities and all future
additions thereto to the city public works authority as authorized by
statute, to be effective at the time and upon the terms and conditions
specified in a certain \"lease\" prepared under the direction of the
city council and filed in the office of the city clerk. The mayor of the
city hereby is authorized and directed, on behalf of the city, to
execute and deliver the lease of the city public works authority.
(Code 1999, § 17-101)
::: phx-name
[Sec 17-102 Authority Rules Adopted By Reference,
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-102_Authority_Rules_Adopted_By_Reference,_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Rules and regulations adopted by the city Public Works Authority are
hereby adopted and incorporated herein by reference, applicable as if
set out in full herein. Any violation of the rules and regulations of
the authority shall be punishable as provided in section 1-108.
(Code 1999, § 17-102)
::: phx-name
[CHAPTER 17-2 GARBAGE AND REFUSE
COLLECTION](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-2_GARBAGE_AND_REFUSE_COLLECTION){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[Sec 17-201
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-201_Definitions){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 17-202
Receptacles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-202_Receptacles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 17-203 City To Furnish
Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-203_City_To_Furnish_Service){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 17-204 Refuse
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-204_Refuse_Vehicles){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 17-205 Refuse Not To
Accumulate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-205_Refuse_Not_To_Accumulate){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 17-206
Dumping](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-206_Dumping){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 17-207 Contracting With Private
Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-207_Contracting_With_Private_Services){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 17-208 Certain Buildings To Use
Dumpsters](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-208_Certain_Buildings_To_Use_Dumpsters){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 17-209 Collection Rates And Charges For Sanitation
Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-209_Collection_Rates_And_Charges_For_Sanitation_Service){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 17-210
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-210_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
**State Law reference**--- Solid Waste Management Act, 27A O.S. §
2-10-101 et seq.; littering, 21 O.S. § 1753.3 et seq.\
::: phx-name
[Sec 17-201
Definitions](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-201_Definitions){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
*Carry out service* means a special category of service by the city for
qualified persons who are physically unable to move the mobile
containers to the curbside.
*Commercial* means any business, activity or use.
*Curbside service* means pickup service provided by the city at the curb
or within the public street right-of-way.
*Dumpster* means any commercial garbage container provided or approved
by the city, including, but not limited to, polycarts.
*Garbage* means and includes all accumulations of animal and vegetable
matter, or both, which is refuse of kitchens, pantries, dining rooms,
markets and public places. The term "garbage" does not include
recyclables.\
*Mobile container* means any residential garbage container provided or
approved by the city, including, but not limited to, polycarts.
*Recyclables* means waste or materials that can be processed and used
again. The term "Recyclables" includes but is not limited to paper,
plastics, glass bottles and jars, aluminum and steel cans, cardboard and
paperboard cartons.\
\
*Refuse* and *rubbish* mean ashes, cinders, papers, brokenware,
discarded clothing and wears, tin cans and vessels and such other
articles as are generally termed to be the natural accumulation of
resident families. The terms \"refuse\" and \"rubbish\" do not include
dirtor recyclables.
*Yard trash* means lawn clippings and leaves which must be in a trash
bag and placed in a polycart at curb side.
(Code 1999, § 17-201; Ord. No. 529, 7-2-1990)
::: phx-docs
HISTORY\
*Amended by Ord.
[941(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349228_941%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/4/2020\
Amended by Ord.
[989(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_989(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/4/2021\
*
:::
::: phx-name
[Sec 17-202
Receptacles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-202_Receptacles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Only one mobile container (polycart) shall be provided to each
household by the city. This mobile container shall be used as the
first means of disposing of garbage. Yard waste must be placed in a
polycart inside tightly-tied plastic bags. Total yard waste, refuse
and other garbage placed inside a polycart should not weigh more
than 200 pounds. No other containers, except those provided by the
city, shall be permitted. Additional mobile containers (polycarts)
may be obtained for the disposal of garbage at a cost pursuant to
the city fee schedule.
2. The containers provided for in subsection (A) of this section shall
be placed within three feet of the street curbside, except in the
case of carry out service where the container shall be placed within
75 feet of the front curbline, not inside a garage or other
structure, and no gate granting access to the container shall be
locked. It shall be the responsibility of the resident to place the
container near the curb on the day designated for pickup by 7:00
a.m. The resident shall remove the container from curbside on the
same day.
3. Carry out service shall be provided to residents who are physically
unable to place containers at curbside. Yard trash is not included
in this service. This service will be provided by the city employees
at no additional fee. The city will require that a form provided by
the city be completed requiring a doctor\'s certificate as proof of
a resident\'s inability to place the container at curbside.
4. Mobile containers that are damaged or destroyed through abuse,
neglect or improper usage by the resident shall be repaired or
replaced by the city at the expense of the resident or owner of the
residence. Mobile containers that are stolen or damaged through
normal and reasonable usage will be repaired by the city at the
city\'s expense.
5. Businesses collected on mobile container routes will be provided
with mobile containers.
6. Brush will be accepted for scheduled bulk pickup provided the
bundles of brush are no longer than two feet and no more than 12
inches in diameter and placed at curbside as scheduled through
public works.
7. It is unlawful for any person to deposit for collection, on any
street, parking or any private property in the city, any garbage,
refuse or rubbish without placing it in enclosed containers meeting
the requirements of this section.
(Code 1999, § 17-202; Ord. No. 529, 7-2-1990; Ord. No. 190(97),
6-16-1997; Ord. No. 203(97), 8-18-1997)
::: phx-docs
HISTORY\
*Amended by Ord.
[941(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349228_941%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 5/4/2020\
*
:::
::: phx-name
[Sec 17-203 City To Furnish
Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-203_City_To_Furnish_Service){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city shall furnish garbage and trash hauling service to the city. No
other person may remove or cause to be removed garbage, refuse, rubbish
or waste from any refuse container or other receptacle used for the
deposit of same, or to transport, carry through or over the streets of
the city any such garbage, refuse, rubbish or waste, without proper
authorization as may be required by law.
(Prior Code, §§ 11-4, 11-6; Code 1999, § 17-203)
::: phx-name
[Sec 17-204 Refuse
Vehicles](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-204_Refuse_Vehicles){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All vehicles used for collection, removal, transportation or hauling of
refuse, rubbish or garbage in the city shall be constructed in such a
manner as to prevent any portion of such matter from falling or blowing
from such vehicles and shall be kept in a clean and sanitary condition.
(Prior Code, § 11-5, in part; Code 1999, § 17-204)
::: phx-name
[Sec 17-205 Refuse Not To
Accumulate](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-205_Refuse_Not_To_Accumulate){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All premises must be kept free and clear of all garbage, refuse,
rubbish and waste of all kinds, by the owner, occupant or person in
charge of such premises. No garbage, refuse, or waste shall be
allowed to accumulate thereon except for such small amounts as shall
accumulate between regular removals thereof. Any such conditions are
hereby declared to be an offense and a nuisance, and may be punished
and abated as such.
2. The city shall provide a service for the removal of large
accumulations of trash pursuant to the policy of the city and the
fee schedule for the city.
(Prior Code, § 11-7; Code 1999, § 17-205; Ord. No. 344(02), 1-7-2002;
Ord. No. 654(09), 9-8-2009)
::: phx-name
[Sec 17-206
Dumping](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-206_Dumping){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
In disposing of garbage, rubbish, refuse and waste, the same shall be
removed beyond the limits of the city to some suitable place for
dumping. It is unlawful to dump refuse, rubbish, garbage or waste at any
place in the city unless specifically authorized by law or ordinance.
(Prior Code, § 11-8, in part; Code 1999, § 17-206)
::: phx-name
[Sec 17-207 Contracting With Private
Services](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-207_Contracting_With_Private_Services){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Customers or proposed customers contracting with the city for trash or
garbage hauling service shall be permitted to contract with private
garbage hauling services for industrial, commercial and other
nonresidential refuse only upon the approval of the city manager, and
upon recommendation of the public works department. Approval may be
granted only if the city is not able to serve the garbage, trash or
other refuse hauling service required by such customers or proposed
customers.
Private trash, garbage or refuse hauling service contracting for such
service in the city shall furnish to the city clerk a certificate of
insurance and shall keep the same in full force and effect at all times
while contracting with any customer in the city. The insurance shall
show such contractor as having public liability insurance in the sum as
set by the city per occurrence in worker\'s compensation coverage and
automobile liability on the motor vehicle used in hauling such refuse in
the sum as set by the city per occurrence.
Customers or proposed customers may contract with private services for
the purpose of picking up and removing recyclables. The private service
shall supply suitable containers for the containment of the recyclables
and the service shall be at-home or front door service and not for
curbside pickup.
[]{.cursor-fix}
1. Any private recycling pick up and hauling service shall furnish to
the city clerk a certificate of insurance and shall keep the same in
full force and effect at all times while contracting with any
customer in the city. The insurance shall show such contractor as
having public liability insurance in the sum as set by the city per
occurrence in worker\'s compensation coverage and automobile
liability on the motor vehicle used in hauling such recyclables in
the sum as set by the city per occurrence.
2. All vehicles used for collection, removal, transportation or hauling
of recyclables in the city shall be constructed in such a manner as
to prevent any portion of such matter from falling or blowing from
such vehicles and shall be kept in a clean and sanitary condition\
\
(Code 1999, § 17-207; Ord. No. 529, 7-2-1990)
::: phx-docs
HISTORY\
*Amended by Ord.
[989(21)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/pdf/Ord_989(21).pdf){.k-link
target="_blank" style="color:#0000EE"} on 10/4/2021\
*
:::
::: phx-name
[Sec 17-208 Certain Buildings To Use
Dumpsters](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-208_Certain_Buildings_To_Use_Dumpsters){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
All buildings or structures having three or more commercial, business,
industrial, residential dwellings or any combination thereof and which
have garbage collection contracts with the city shall be required to use
garbage dumpsters furnished by the city or any dumpster approved by the
city in which all garbage, refuse, rubbish or waste shall be placed to
be removed.
(Prior Code, § 11-10; Code 1999, § 17-208)
::: phx-name
[Sec 17-209 Collection Rates And Charges For Sanitation
Service](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-209_Collection_Rates_And_Charges_For_Sanitation_Service){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
For one designated container provided for recyclable materials curbside
recycling shall be provided bi-weekly for all residential customers at
an additional cost per month as established by resolution.
(Code 1999, § 17-209; Ord. No. 529, 7-2-1990)
::: phx-docs
HISTORY\
*Amended by Ord.
[828(16)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601328289_Ordinance%20No.%20828%20(16).pdf){.k-link
target="_blank" style="color:#0000EE"} on 8/1/2016\
*
:::
::: phx-name
[Sec 17-210
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-210_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Any person violating these regulations shall, upon conviction in
municipal court, be punished as provided in section 1-108, in addition
to any other actions and remedies available.
(Code 1999, § 17-210)
::: phx-name
[CHAPTER 17-3 CUSTOMER ASSISTANCE PROGRAM IN RESPONSE TO SANITARY SEWER
BACKUP](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-3_CUSTOMER_ASSISTANCE_PROGRAM_IN_RESPONSE_TO_SANITARY_SEWER_BACKUP){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 17-301
Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-301_Purpose){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 17-302 Scope Of
Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-302_Scope_Of_Work){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 17-303 Exclusions And Items Outside Scope Of
Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-303_Exclusions_And_Items_Outside_Scope_Of_Work){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 17-304
Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-304_Administration){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 17-301
Purpose](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-301_Purpose){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This chapter is enacted to provide a means of relief in order to ease
the impact of a sanitary sewer backup in a customer\'s yard or residence
by disinfecting the affected area whether the area is inside or outside
the structure. The customer assistance program services will be offered
to customers when the backup is initially identified as the result of a
stoppage in the city\'s main. The services to be provided are limited to
only those set forth in this chapter and any claim for the payment of
damages from a sanitary sewer backup must be handled by filing a tort
claim with the city clerk.\
::: phx-name
[Sec 17-302 Scope Of
Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-302_Scope_Of_Work){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The customer assistance program is authorized to perform only the
following work as directed by the risk manager, loss control officer, or
designee:
1. Spillage in yards: Removal of any solids and application of
disinfectant.
2. Spillage in structures:
1. Vacuuming or removing spillage and waste material.
2. Mopping affected bare floors and cleaning of baseboards, bare
walls and plumbing fixtures.
3. Removal of small items which the customer authorizes for
disposal including small areas of carpet and pad.
4. Moving of furniture as required for the sole purpose of
performing the above work and within the capabilities of the
crew.
::: phx-name
[Sec 17-303 Exclusions And Items Outside Scope Of
Work](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-303_Exclusions_And_Items_Outside_Scope_Of_Work){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following items are excluded under this chapter:
1. The customer assistance program will not be offered if the risk
management or community development department has previously
recommended to the current owner that a back-flow prevention device
be installed at the residence.
2. The customer assistance program will not be offered to businesses,
churches or commercial property.
3. The customer assistance program does not cover the cleaning of
towels, rugs, clothing, curtains, or other similar items.
4. The cleaning of heating and ventilation ducts fall outside the scope
of the program as well as the removing or repairing of damaged
drywall, wallboard, or other wall coverings.
::: phx-docs
HISTORY\
*Adopted by Ord.
[930(20)](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/moore/ordinances/documents/1601349082_930%20(20).pdf){.k-link
target="_blank" style="color:#0000EE"} on 1/6/2020\
*
:::
::: phx-name
[Sec 17-304
Administration](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-304_Administration){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city risk management board will serve as administrator of claims
pursuant to this chapter. Claims shall be made pursuant to the
provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.).
Claims are to be presented within one year of the date the loss occurs.
A claim shall be forever barred unless notice thereof is presented
within one year after the loss occurs.
(Code 1999, § 17-304; Ord. No. 137(95), 12-4-1995; Ord. No. 162(96),
7-1-1996)
::: phx-name
[CHAPTER 17-4 SEWER, SEWAGE DISPOSAL AND INDUSTRIAL WASTE
PRETREATMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_17-4_SEWER,_SEWAGE_DISPOSAL_AND_INDUSTRIAL_WASTE_PRETREATMENT){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[Sec 17-401 Regulations
Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-401_Regulations_Adopted){.k-link
target="_blank" style="color:#0000EE"}\
[Sec 17-402
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-402_Penalty){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[Sec 17-401 Regulations
Adopted](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-401_Regulations_Adopted){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The city\'s \"Sewer, Sewage Disposal and Industrial Waste Pretreatment
Regulations,\" as originally adopted by Ord. No. 22(92), October 18,
1993, and amended by Ordinance No. 98(94), October 3, 1994, and any
other amendments, are hereby adopted and incorporated herein by
reference. A copy of the regulations are on file with the city clerk.
(Code 1999, § 17-401; Ord. No. 22(92), 10-18-1993; Ord. No. 98(94),
10-3-1994; Ord. No. 605(07), 12-3-2007)
::: phx-name
[Sec 17-402
Penalty](https://moore.municipalcodeonline.com/book?type=ordinances#name=Sec_17-402_Penalty){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A violation of the city\'s sewer, sewage disposal and industrial waste
pretreatment regulations is punishable as provided in section 1-108,
unless another penalty is specifically provided in the regulations.
(Code 1999, § 17-402)
::: {.phx-name .phx-break}
[APPENDIX 1 ELECTRIC
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_ELECTRIC_FRANCHISE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
::: toc
[APPENDIX 1 SECTION 1
DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_1_DEFINITIONS){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 1 SECTION 2 GRANT
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_2_GRANT_FRANCHISE){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 1 SECTION 3 NOT TO IMPEDE
TRAFFIC](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_3_NOT_TO_IMPEDE_TRAFFIC){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 1 SECTION 4 HOLD HARMLESS TO
CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_4_HOLD_HARMLESS_TO_CITY){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 1 SECTION 5 COMPLIANCE WITH
RULES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_5_COMPLIANCE_WITH_RULES){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 1 SECTION 6
ASSIGNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_6_ASSIGNMENT){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 1 SECTION 7 FRANCHISE
FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_7_FRANCHISE_FEE){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 1 SECTION 8 SERVICE TO
CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_8_SERVICE_TO_CITY){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 1 SECTION 9 SPECIAL
ELECTION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_9_SPECIAL_ELECTION){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[APPENDIX 1 SECTION 1
DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_1_DEFINITIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The Word \"City\" as hereinafter used shall mean and designate the City
of Moore, Cleveland County, Oklahoma, and the word \"Company\" as
hereinafter used shall mean and designate the Oklahoma Gas and Electric
Company, a corporation organized and existing under and by virtue of the
laws of the State of Oklahoma and its successors and assigns.
(Ord. No. 741(13), 2-4-2013)
::: phx-name
[APPENDIX 1 SECTION 2 GRANT
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_2_GRANT_FRANCHISE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The City hereby grants to the Company the right, privilege and
authority to produce, transmit, distribute and sell electricity
within the corporate limits of the City for all purposes for which
it may be used, to the City, its inhabitants and the public
generally, and the right, privilege and authority to construct,
maintain and operate a system of poles, wires, conduits,
transformers, substations, and other facilities and equipment in,
upon, across, under and over the streets, alleys, public grounds and
other places in each and every part of said City for the purpose of
producing, transmitting, distributing and selling electricity to the
City, its inhabitants, and to the public generally.
2. The franchise hereby granted shall be effective from and after the
date of approval of this Ordinance by the qualified electors of the
City and acceptance by the Company, and shall remain in full force
and effect for a period of twenty-five (25) years. Nothing in this
Ordinance shall be construed to prevent the City from granting an
electric franchise to any other person, firm, or corporation.
(Ord. No. 741(13), 2-4-2013)
::: phx-name
[APPENDIX 1 SECTION 3 NOT TO IMPEDE
TRAFFIC](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_3_NOT_TO_IMPEDE_TRAFFIC){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The Company shall construct, operate and maintain its property in such
manner as will, consistent with necessity, not obstruct nor impede
traffic unduly.
(Ord. No. 741(13), 2-4-2013)
::: phx-name
[APPENDIX 1 SECTION 4 HOLD HARMLESS TO
CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_4_HOLD_HARMLESS_TO_CITY){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The Company shall defend and indemnify the City against all liability
for injury to any person or property caused by the negligence of the
Company in the construction, operation and maintenance of its property
within the City.
(Ord. No. 741(13), 2-4-2013)
::: phx-name
[APPENDIX 1 SECTION 5 COMPLIANCE WITH
RULES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_5_COMPLIANCE_WITH_RULES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Electric service provided hereunder to the City, its inhabitants, and to
the public generally, and rates charged therefor shall be in accordance
with orders, rules and regulations of the Corporation Commission of the
State of Oklahoma or other governmental authority having jurisdiction.
(Ord. No. 741(13), 2-4-2013)
::: phx-name
[APPENDIX 1 SECTION 6
ASSIGNMENT](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_6_ASSIGNMENT){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The Company shall have the right to assign this franchise and the
assignee by written acceptance thereof shall be bound by all the
provisions hereof. An authenticated copy of such assignment and
acceptance shall be filed with the Clerk of the City.
(Ord. No. 741(13), 2-4-2013)
::: phx-name
[APPENDIX 1 SECTION 7 FRANCHISE
FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_7_FRANCHISE_FEE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. From and after the approval and acceptance of this franchise, and in
consideration of the granting of this franchise, the Company agrees
to pay and shall pay to the City an annual franchise fee in an
amount equal to three percent (3%) of its gross revenues arising
from the sale of electricity within the corporate limits of the
City, such payment to be made on or before the 25th day of July of
each year, after deducting therefrom any amount due the Company from
the City.
2. The Company shall abide by any order, rule or regulation of the
Corporation Commission of the State of Oklahoma requiring the
listing separately of all or any portion of such franchise fee on
electric bills to customers.
3. Such franchise fees paid by the Company to the City shall be in lieu
of all other franchise, excise, license, occupation, privilege,
inspection, permit, or other fees, taxes or assessments, except ad
valorem taxes.
(Ord. No. 741(13), 2-4-2013)
::: phx-name
[APPENDIX 1 SECTION 8 SERVICE TO
CITY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_8_SERVICE_TO_CITY){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The Company shall furnish to the City without charge each fiscal year
during the term hereof electric current to be used exclusively by the
City for operation of traffic signal lights and buildings occupied and
operated by the City for municipal purposes, to be applied by the
Company as a credit to billings to the City, provided that such electric
current shall not exceed one-half of one percent (0.5%) of the
kilowatt-hours sold by the Company to customers within the corporate
limits of the City during the preceding fiscal year.
(Ord. No. 741(13), 2-4-2013)
::: phx-name
[APPENDIX 1 SECTION 9 SPECIAL
ELECTION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_1_SECTION_9_SPECIAL_ELECTION){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A special election is hereby called for the purpose of submitting this
Ordinance to the qualified electors of the City residing within its
corporate limits for their approval or disapproval, provided the Company
shall pay the cost of such election. The election shall be held on the
14th day of May, 2013, between the hours of 7:00 a.m. and 7:00 p.m. The
Mayor of the City Council is authorized and directed to issue an
election proclamation calling such election and is further directed to
take all steps that may be necessary for holding the election and for
the submission of this Ordinance to the qualified electors of the City.
If a majority of the qualified electors of the City voting thereon fail
to approve this franchise at said election, no rights shall accrue
hereunder.
(Ord. No. 741(13), 2-4-2013)
::: {.phx-name .phx-break}
[APPENDIX 2 THE MOORE CABLE SYSTEM
ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_THE_MOORE_CABLE_SYSTEM_ORDINANCE){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[APPENDIX 2 SECTION 1
DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_1_DEFINITIONS){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 2 GRANT OF AUTHORITY; FRANCHISE
REQUIRED](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_2_GRANT_OF_AUTHORITY;_FRANCHISE_REQUIRED){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 3 FRANCHISE
CHARACTERISTICS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_3_FRANCHISE_CHARACTERISTICS){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 4 APPLICATIONS FOR GRANT, RENEWAL, MODIFICATIONS OR
TRANSFER OF
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_4_APPLICATIONS_FOR_GRANT,_RENEWAL,_MODIFICATIONS_OR_TRANSFER_OF_FRANCHISE){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 5 GRANT OF
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_5_GRANT_OF_FRANCHISE){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 6 ELECTION AND COSTS
THEREOF](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_6_ELECTION_AND_COSTS_THEREOF){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 7
INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_7_INSURANCE){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 8
INDEMNIFICATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_8_INDEMNIFICATION){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 9 PERFORMANCE
BOND](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_9_PERFORMANCE_BOND){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 10 MINIMUM FACILITY AND
SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_10_MINIMUM_FACILITY_AND_SERVICE){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 11 SIGNAL QUALITY
REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_11_SIGNAL_QUALITY_REQUIREMENTS){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 12 TECHNICAL
STANDARDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_12_TECHNICAL_STANDARDS){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 13 ERECTION, REMOVAL AND COMMON USE OF
POLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_13_ERECTION,_REMOVAL_AND_COMMON_USE_OF_POLES){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 14 SAFETY
REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_14_SAFETY_REQUIREMENTS){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 15 REMOVAL OF FACILITIES UPON
REQUEST](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_15_REMOVAL_OF_FACILITIES_UPON_REQUEST){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 16 SUBSCRIBER RATES, CHARGES AND
REFUNDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_16_SUBSCRIBER_RATES,_CHARGES_AND_REFUNDS){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 17 CUSTOMER SERVICE
REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_17_CUSTOMER_SERVICE_REQUIREMENTS){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 18 POLE AGREEMENTS;
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_18_POLE_AGREEMENTS;_REGULATIONS){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 19 RESERVATION OF
RIGHTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_19_RESERVATION_OF_RIGHTS){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 20 OWNERSHIP OF
FACILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_20_OWNERSHIP_OF_FACILITIES){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 21 DISCRIMINATION
PROHIBITED](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_21_DISCRIMINATION_PROHIBITED){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 22 LIQUIDATED
DAMAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_22_LIQUIDATED_DAMAGES){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 23 FRANCHISE DEFAULT AND ENFORCEMENT
REMEDIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_23_FRANCHISE_DEFAULT_AND_ENFORCEMENT_REMEDIES){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 24 FRANCHISE
FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_24_FRANCHISE_FEE){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 25 RENEWAL OF
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_25_RENEWAL_OF_FRANCHISE){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 26 TRANSFER OF A
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_26_TRANSFER_OF_A_FRANCHISE){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 27 MAPS, REPORTS AND
RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_27_MAPS,_REPORTS_AND_RECORDS){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 28
ADMINISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_28_ADMINISTRATION){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 29 SUBSCRIBER
PRIVACY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_29_SUBSCRIBER_PRIVACY){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 30 COMPLIANCE WITH FCC REGULATIONS AND
STANDARDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_30_COMPLIANCE_WITH_FCC_REGULATIONS_AND_STANDARDS){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 31 COMPLIANCE WITH APPLICABLE LAWS AND
ORDINANCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_31_COMPLIANCE_WITH_APPLICABLE_LAWS_AND_ORDINANCES){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 32 REVOCATION OR TERMINATION OF
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_32_REVOCATION_OR_TERMINATION_OF_FRANCHISE){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 33 PERIODIC
REVIEWS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_33_PERIODIC_REVIEWS){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 34 DESCRIPTIVE
HEADINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_34_DESCRIPTIVE_HEADINGS){.k-link
target="_blank" style="color:#0000EE"}\
[APPENDIX 2 SECTION 35 CHOICE OF LAW, VENUE AND ATTORNEYS
FEES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_35_CHOICE_OF_LAW,_VENUE_AND_ATTORNEYS_FEES){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[APPENDIX 2 SECTION 1
DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_1_DEFINITIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
For the purpose of this Ordinance, the following terms, phrases, words
and their derivations shall have the meanings given herein unless
otherwise defined by federal or state law. The words \"shall\" and
\"will\" are mandatory, and \"may\" is permissive. Words not defined
herein shall be given the meaning set forth in the Communications Act of
1934, as amended, including the Cable Communications Policy Act of 1984,
as amended by the Cable Television Consumer Protection and Competition
Act of 1992, and the Telecommunications Act of 1996, and as may
hereinafter be further amended, and if not defined therein, such words
shall have their common and ordinary meaning.
1. \"Access channel\" means any channel on a System which, by the terms
of this Ordinance or otherwise, is required to be kept available
without charge by Franchisee for partial or total designation to
public, educational and/or local government use and over which
Franchisee exercises no editorial control.
2. \"Affiliate\" means an entity which owns or controls, is owned or
controlled by, or is under common ownership or control with
Franchisee.
3. \"Application\" means any proposal, submission or request to: (1)
construct and operate a System within the City; (2) transfer a
Franchise or control of a Franchise; (3) renew a Franchise; (4)
modify a Franchise, or; (5) seek any other relief from the City
pursuant to this Ordinance, a Franchise Agreement, the Cable Act as
amended, or the FCC rules and regulations.
4. \"Cable system\" shall mean a facility, consisting of a set of
transmission paths and associated signal generation, reception and
control equipment that is designed to provide Cable Service, which
includes video programming, and other communications services which
are provided to multiple Subscribers within the City. It shall
include, without limitation, all of the component, physical
operation and programming elements of a network of cable, electrical
and electronic equipment, designed, constructed, wired or used for
the purpose of producing, receiving, amplifying and transmitting by
coaxial cable, fiber optics, microwave or other means audio and/or
audio/visual electrical impulses of television, radio and other
intelligences, either analog or digital, including, but not limited
to, cable television for sale to the inhabitants and businesses of
the City.
5. \"Cable Act\" means the Cable Communications Policy Act of 1984, as
amended by the Cable Television Consumer Protection and Competition
Act of 1992, as further amended by the Telecommunications Act of
1996, as further amended from time to time.
6. \"Cable service\" means (A) the one-way transmission to Subscribers
of (i) video programming, or (ii) other programming service, and (B)
subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming service.
7. \"City\" means the City of Moore, Oklahoma.
8. \"City attorney\" is the City Attorney for the City of Moore,
Oklahoma.
9. \"City clerk\" is the City Clerk of the City of Moore, Oklahoma.
10. \"City engineer\" is the City Engineer of the City of Moore,
Oklahoma.
11. \"City manager\" means the City Manager of Moore, Oklahoma or his
duly authorized representative.
12. \"Converter\" means a device used for changing the frequency of a
television signal. It may also include descrambling or decoding
capabilities.
13. \"Council\" is the City Council of the City of Moore, Oklahoma.
14. \"FCC\" means the Federal Communications Commission.
15. \"Franchise\" means the right granted by the City to a Franchisee to
construct, maintain and operate a System under, on and over streets,
roads and all other Public Ways and easements within the City.
16. \"Franchise agreement\" means the contract entered into in
accordance with this Ordinance, and sets forth the terms and
conditions under which the Franchise will be exercised.
17. \"Franchisee\" means any Person granted a Franchise pursuant to this
Ordinance and shall include any successor thereto.
18. \"Gross revenues\" means all cash, credits, property or other
consideration of any kind or nature received directly or indirectly
by the Franchisee arising from, attributable to, or in any way
derived from the operation of the System to provide Cable Service
within the City. Gross Revenues shall include, but not be limited
to: monthly fees charged Subscribers for basic Cable Service; any
optional, pay per view, premium, per-channel or per-program service
or charges for any other type of Cable Service; installation,
disconnection, and change in service fees; leased channel fees;
Converter and equipment fees, rentals or sales; net advertising
revenues; net revenues from home shopping channels; fees from use of
Access Channels, revenues from studio rental, production fees and
equipment charges when applicable; Gross Revenues shall not include
bad debt, Franchise fees or any sales, excise or other taxes or
fees, which are imposed directly on any Cable Service subscriber by
any governmental unit or agency and which are collected by the
Franchisee on behalf of such governmental unit or agency.
19. \"Normal business hours\" means those hours during which most
similar businesses in the community are open to serve customers. In
all cases, Normal Business Hours must include some evening hours at
least one night per week and/or some weekend hours.
20. \"Normal operating conditions\" means those service conditions which
are within the control of the Franchisee. Those conditions which are
not within the control of the Franchisee include, but are not
limited to, natural disasters, civil disturbances, power outages,
telephone network outages, and severe or unusual weather conditions.
Conditions which are ordinarily within the control of the Franchisee
include, but are not limited to, special promotions, pay-per-view
events, rate increases, regular peak or seasonal demand periods, and
maintenance or upgrade of the System.
21. \"Ordinance\" means the Moore Cable System Ordinance, unless the
context shall indicate otherwise.
22. \"Person\" means any individual, corporation, partnership,
association, joint venture, organization or legal entity of any
kind, and any lawful trustee, successor, assignee, transferee or
personal representative thereof.
23. \"Public way\" means the surface, the air space above the surface
and the area below the surface of any public street, road,
thoroughfare, alley or other public right of way or public place
including, without limitation, public utility easements dedicated
for compatible use within the City.
24. \"Service area\" means the present municipal boundaries of the City
and any additions thereto by annexation or other legal means.
25. \"Subscriber\" means any Person who legally receives Cable Service
delivered over the System.
26. \"System\" means the Cable System.
27. \"Transfer of franchise\" means any transaction in which (1) any
majority ownership or other controlling interest in a Franchise or
its System is transferred from one Person or group of Persons to
another Person or group of Persons, none of whom already own a
controlling ownership interest in the transferring person; or (2)
the rights and/or obligations held by the Franchisee under a
Franchise Agreement are transferred or assigned to another Person or
group of Persons, none of whom already own a controlling ownership
interest in the transferring person.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 2 GRANT OF AUTHORITY; FRANCHISE
REQUIRED](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_2_GRANT_OF_AUTHORITY;_FRANCHISE_REQUIRED){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. In order to make Cable Services available to the residents of the
City, the City may grant one or more Franchises in accordance with
this Ordinance and the execution of a Franchise Agreement.
2. No Person may construct or operate a System in the City without a
Franchise granted by the City and having entered into a Franchise
Agreement with the City.
3. Nothing in this Ordinance shall be deemed to prevent the City from
seeking additional Franchisees at any time pursuant to a request for
proposals or applications. Responses shall comply with this
Ordinance.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 3 FRANCHISE
CHARACTERISTICS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_3_FRANCHISE_CHARACTERISTICS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A Franchise shall be for a term or period of time not to exceed
twenty (20) years to serve all areas of the City, and shall be in
effect from and after approval thereof by the Council in accordance
with applicable law.
2. A Franchise authorizes the Franchisee to use the Public Ways within
the City for installing cables, wires, lines, underground conduit
and other facilities to operate a System within the City, but does
not authorize such use on private property without the owner\'s
consent, nor does the Franchise permit the use of privately-owned
easements without separate agreement of the owners, unless otherwise
permitted by law.
3. A Franchise shall be nonexclusive, and will not preclude the
issuance of another Franchise, nor affect the City\'s right to
authorize use of any Public Way by other Persons as it deems
appropriate.
4. A Franchise shall not relieve the Franchisee of any requirement of
any ordinance, rule, regulation or specification of the City of
general applicability now or hereinafter lawfully enacted by the
City. The Franchisee shall at all times be subject to the lawful
exercise of the police power of the City to the full extent that
such powers now or hereinafter may be vested in or granted to the
City. However, any ordinance, rule, regulation or specification of
the City enacted after a Franchisee has entered into a Franchise
Agreement shall not materially alter the rights or obligations of
the Franchisee under the existing ordinance and Franchise Agreement
unless specifically authorized by state or federal law.
5. A Franchisee and the City shall at all times be subject to and shall
comply with the Cable Act, all federal and state laws governing
Cable Service and all laws of general applicability.
6. The provisions of this Ordinance shall apply to a Franchise
Agreement as if fully set out in such agreement. The terms of a
Franchise Agreement shall prevail over conflicting provisions of
this Ordinance.
7. The Franchisee shall make Cable Service available to all residents
and businesses within the City, subject to the provisions of Section
10.5.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 4 APPLICATIONS FOR GRANT, RENEWAL, MODIFICATIONS OR
TRANSFER OF
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_4_APPLICATIONS_FOR_GRANT,_RENEWAL,_MODIFICATIONS_OR_TRANSFER_OF_FRANCHISE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A written Application shall be filed with the City for the (a) grant
of a new Franchise; (b) renewal of a Franchise; (c) modification of
a Franchise Agreement; or (d) transfer of a Franchise pursuant to
this ordinance, the Franchise Agreement or the Cable Act. The
applicant has the burden to demonstrate compliance with all
applicable laws and entitlement to the relief sought.
2. The applicant must file an original and five (5) copies of the
Application together with any required filing fee as set forth in
this Ordinance. The Application shall also conform to any request
for proposals and shall contain all requested information.
3. All Applications shall identify Persons authorized to act on behalf
of the applicant with respect to the Application.
4. All Applications accepted for filing by the City shall be available
during the City\'s regular business hours for public inspection.
5. An Application for the initial grant of a Franchise shall contain,
at a minimum, the following information:
1. The name and address of the applicant and identification of
ownership and control of the applicant including: (a) names and
addresses of the ten (10) largest holders of an ownership
interest and all Persons with a five percent (5%) or more
ownership interest in the applicant; (b) the names of Persons
who control the applicant including, without limitation, all
officers and directors; (c) any other business affiliation and
cable interest of each named Person.
2. A statement as to whether the applicant, or any Person
controlling the applicant, or any officer, director or major
stockholder has been adjudged bankrupt, had a cable Franchise
revoked, or been found guilty of any violation of any security
or anti-trust law, or of the commission of a felony or crime
involving moral turpitude; and if so, the identification of such
Person and a full explanation of such circumstances.
3. A demonstration of the applicant\'s technical, legal and
financial ability to construct and/or operate the proposed
System, including identification of key personnel.
4. A description of the applicant\'s prior experience in System
ownership and construction, and identification of all
communities the applicant or its principals have served.
5. Identification of proposed Cable Service Area and a detailed
description of the facilities proposed and the characteristics
of the System including, but not limited to, channel capacity,
technical design, and performance and quality expectations.
6. A detailed description of the construction of the proposed
System, together with a proposed construction schedule. Where
appropriate, the applicant shall include an explanation of how
services will be converted from the existing facilities to the
new facilities.
7. A description of all services to be provided, including, without
limitation, all broadcast and non-broadcast signals and all
non-television services to be carried on the System. If tiers of
service are to be used by the Franchisee, a description of each
tier service to be available to Subscribers.
8. A description of proposed rate schedule for Cable Service and
equipment to be provided or used in association with the basic
cable service tier, together with all forms or information
required to allow the determination by the City of the maximum
initial permitted rates and charges. Additionally, and for
informational purposes, the Franchisee shall disclose to the
City any and all charges to be made for all other services and
equipment.
9. A demonstration of how the applicant\'s proposal will reasonably
meet the future cable-related needs and interests of the
community, taking into account the costs thereof including a
description of how the proposal will meet the needs described in
any recent community needs assessment conducted by or for the
City.
10. A statement showing pro-forma financial projections for the
first five (5) years.
11. An affidavit of the applicant or authorized officer thereof
certifying to the truth and accuracy of all information in the
Application, acknowledging the enforceability of Application
commitments, and that the Application proposal meets all
regulatory authority requirements.
12. Any other information which may be necessary to demonstrate
compliance with all laws as may be relevant to City\'s
consideration of the Application.
6. An Application for modifications of the Franchise Agreement shall
include, as a minimum, the following information:
1. The specified modifications requested.
2. The justification and basis for the requested modification
including a statement of impact the requested modification may
have on Subscribers or others, and the financial impact approval
or disapproval may have on the applicant.
3. Any other relevant information which may be reasonably necessary
for the City to make an informed decision.
7. An Application for renewal of a Franchise shall comply with the
requirements of Section 25 herein.
8. An Application for approval of the Transfer of a Franchise shall
comply with the requirements of Section 26 herein.
9. Each Application shall be accompanied by a filing fee in the
following amounts as may be appropriate:
1. For new or initial Franchise \.....\$500.00
2. For renewal of a Franchise \.....\$500.00
3. For a transfer of a Franchise \.....\$250.00
4. For a modification of Franchise Agreement \.....\$150.00
5. For any other relief \.....\$150.00
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 5 GRANT OF
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_5_GRANT_OF_FRANCHISE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The City may grant or renew a Franchise for a period not to exceed
twenty (20) years in accordance with the requirements of this
Ordinance and the terms of a Franchise Agreement.
2. The grant or renewal of a Franchise may be conditioned upon
completion of construction within times prescribed or upon
performance of specific obligations as set forth in the Franchise
Agreement.
3. In evaluating an Application for an initial Franchise, the City may
consider, among other things, the following factors: the
applicant\'s technical, financial, and legal qualifications to
construct and operate the proposed System; the nature of the
proposed facilities, equipment, and services; the applicant\'s
experience in constructing and operating Systems and providing Cable
Service in other communities, if any; the ability of City\'s Public
Ways to accommodate the proposed System; the potential disruption to
users of City\'s Public Ways and any resultant inconvenience to the
public; and whether the proposal will meet reasonably anticipated
community needs and serve the public interest.
4. The Application shall be reviewed by the City Manager and staff to
determine whether the Application complies with all requirements of
this Ordinance. If the Application is sufficient, the City Manager
and the applicant shall negotiate the terms and conditions of the
proposed Franchise Agreement. The proposed Franchise Agreement must
be executed by the applicant and submitted to the Council. The
proposed Franchise Agreement shall provide that it is subject to
approval of the qualified electors of the City. The proposed
Franchise Agreement shall further provide that the applicant
acknowledges its acceptance of the proposed Franchise and the
obligation of the applicant to comply with all the provisions of
this Ordinance, the proposed Franchise Agreement and the terms and
conditions of the applicant\'s proposal as submitted to the City as
a part of the Application except to the extent such items are
preempted or superseded by federal or state law.
5. The City Council shall hold a public hearing to consider the
Application and the proposed Franchise Agreement. Based upon the
Application and the proposed Franchise Agreement, the testimony
presented at the public hearing, any recommendation of the City
Manager or staff and any other information relevant to the
Application, including the requirements of applicable federal or
state law, the Council shall determine whether to approve or
disapprove the proposed Franchise Agreement and whether to grant or
deny the Franchise Application.
6. In the event a court of competent jurisdiction determines that
federal law does not preempt the election requirement for Franchise
Agreements as set forth in Oklahoma Constitution, Article 18, §
5(a), the Council shall direct submission of the grant of a
Franchise to a vote of the qualified electors as required by the
Oklahoma Constitution.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 6 ELECTION AND COSTS
THEREOF](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_6_ELECTION_AND_COSTS_THEREOF){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
To the extent required by applicable law, in order for a grant,
extension or renewal of a Franchise, other than a revocable permit, to
become effective, an election must be held. A majority of the qualified
electors of the City voting on the question must vote in favor of the
grant, extension or renewal of the Franchise. No election shall be
called or conducted for the purposes provided herein, unless and until
the applicant or Franchisee named therein shall have deposited with the
City, in cash, an amount estimated by the City Clerk to be required for
payment in full of those expenses of such election, directly related to
the grant or renewal issue including, without limitation, the costs of
printing and publishing. If the final total of the expenses and costs
incurred by the City for the election exceeds the amount deposited by
the Franchisee, Franchisee shall pay to the City all excess expenses and
costs and the City shall refund to the Franchisee any overpayment of
expenses and costs.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 7
INSURANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_7_INSURANCE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The Franchisee shall maintain throughout the term of the Franchise,
at its own cost and expense, automobile insurance on all its
vehicles and general comprehensive liability insurance, insuring the
Franchisee and the City, the Council, its officers, private
sub-contractors, agents and employees, whether elected or appointed,
from and against all claims by any Person whatsoever for loss,
injury or damage to Person or property, both real and personal,
occasioned or caused by the construction, erection, operation or
maintenance of the System. The insurance shall provide amounts of
coverage not less than the following:\
\
----------------------------------- -----------------------------------
General Liability Insurance
Bodily Injury per Person\ \$1,000,000.00\
Bodily Injury per Occurrence\ 2,000,000.00\
Property Damage per Occurrence\ 500,000.00\
Automobile Insurance
Bodily Injury per Person\ \$1,000,000.00\
Bodily Injury per Occurrence\ 2,000,000.00\
Property Damage per Occurrence\ 500,000.00\
----------------------------------- -----------------------------------
In no event shall the coverage or amounts be less than those
established as the City\'s liability limits under Oklahoma
Governmental Tort Claims Act, as may be amended from time to time.
2. The Franchisee shall also provide workers\' compensation coverage as
required by the laws of the State of Oklahoma.
3. All insurance policies shall be with companies licensed to conduct
business in the State of Oklahoma.
4. All insurance policies must name the City as an additional named
insured and no cancellation shall be effective, except upon
thirty (30) days\' written notice to the City, and unless another
policy is in effect on or before the date of cancellation.
5. The insurance coverage, as evidenced by the certificates of
insurance shall be filed and maintained with the City.
6. Franchisee shall provide proof to the City of compliance with this
Section no later than the effective date of the Franchise.
7. In the event the Franchisee fails to maintain the insurance required
herein, the City may, at its option, obtain and keep such insurance
in full force and effect. The Franchisee shall promptly reimburse
the City for such insurance costs.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 8
INDEMNIFICATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_8_INDEMNIFICATION){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Except in the event of the City\'s, its employees\' or agents\'
negligence or intentional acts, the Franchisee shall, at its cost
and expense, indemnify, save, hold harmless and defend the City, its
officials, boards, commissions, agents, consultants and employees
against any and all claims, suits, causes of action, demands,
penalties, liabilities, proceedings or judgments for damages or
equitable relief filed by third parties resulting from or arising
out of or through:
1. Franchisee\'s construction, installation, maintenance or
operation of its System.
2. Any processes, or procedures, acts or omissions by Franchisee in
connection with the consideration of an award to Franchisee of a
Franchise and/or any amendments thereto.
3. The conduct of Franchisee\'s business, including without
limitation, any acts or omissions of Franchisee, its servants,
employees, or agents, whether or not such act or omission is
authorized, required, allowed or prohibited by this Ordinance or
the Franchise Agreement.
2. This indemnification shall include all expenses, including but not
limited to out of pocket expenses, reasonable attorneys fees and
litigation expenses incurred by the City in defending itself from
such claims and demands; provided if any action at law or suit in
equity is instituted by a third party (a \"Claim\") with respect to
which the City intends to seek indemnification under this section,
the City shall promptly notify the Franchisee of such action or
suit. Franchisee shall have the right to conduct and control any
Claim through counsel of its own choosing, but the City may, at its
election, participate in a defense of any such Claim at its sole
cost and expense.
3. This indemnification shall also include, but not be limited to,
claims based on invasion of right of privacy, libel, slander,
copyright infringements, defamation, violation of trade name,
service mark or patent rights.
4. In addition to the provisions of paragraph (b) of this Section,
nothing in this section shall prohibit the City from participating
in the defense of any litigation by its own separate counsel at its
own costs. Compliance by Franchisee with these indemnity provisions
shall not limit any other remedies available to the City, at law or
equity.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 9 PERFORMANCE
BOND](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_9_PERFORMANCE_BOND){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The Franchise Agreement may provide that, prior to the initial
commencement of any System construction, upgrade or other work in
the streets or other Public Ways, the Franchisee shall establish and
maintain a performance bond in favor of the City, in an amount
specified in the Franchise Agreement or other authorization as may
be necessary to ensure the Franchisee\'s faithful performance of
each term and condition of this Ordinance, the Franchise Agreement
and all applicable ordinances, statutes, rules or regulations
relating to the performance of any construction, upgrade or other
work which is required of the Franchisee.
2. In the event the Franchisee shall fail to fulfill the obligations as
imposed, or breaches any such obligations, there shall be
recoverable, jointly and severally, from the principal and sureties,
any damages or loss suffered by the City proximately resulting from
the failure of the Franchisee to faithfully perform the provisions
of this Ordinance and the Franchise Agreement, including the cost of
removal of property of Franchisee, the cost of completing the
obligations of the Franchisee, together with reasonable attorneys
fees.
3. The Franchise Agreement may provide the amounts, terms and periods
of maintenance of such performance bond. Upon completion of all
construction, upgrade or other work in the streets or other Public
Ways to the satisfaction of the City, the City may reduce the amount
of the bond to an amount determined by the City sufficient to
protect the City in the event of breach. Bond requirements may be
also reasonably increased by the City to secure additional
construction upgrade or other work.
4. Any performance bond required by this Section shall be issued by a
surety authorized to conduct business in the State of Oklahoma. The
performance bond shall contain a restriction prohibiting
cancellation or lapse without thirty (30) days\' written notice to
the City from the surety or issuer of the performance bond of its
intention to cancel or not renew.
5. The performance bond shall be filed and maintained with the City
Clerk.
6. The rights available to the City pursuant to the performance bond
are in addition to all other rights and remedies available to the
City. The exercise of any such rights shall not be construed to
excuse or waive unfaithful performance or breach by Franchisee, or
limit the liability of the Franchisee to the City.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 10 MINIMUM FACILITY AND
SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_10_MINIMUM_FACILITY_AND_SERVICE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The following are minimum requirements for facilities and service for
all Franchises granted by the City. The City may agree in the Franchise
Agreement to additional requirements, where the City and Franchisee
determine that additional requirements are necessary to meet public
needs, taking into account the cost thereof.
1. The System shall be capable of both one-way and two-way transmission
and shall be capable of delivering 110 analog channels.
2. In instances of upgrade, the Franchisee shall exchange, upon
request, at its own expense, existing Converters for Converters
capable of receiving all available channels or services.
3. The Franchisee shall provide, upon written request of the City,
one (1) outlet consisting of all cable channels except pay per view,
pay per program or premium (such as, HBO, Showtime and Cinemax)
channels, without installation or monthly charge to City Hall, fire
stations, police stations, and any other facility owned or occupied
by the City, subject to the buildout requirements set forth in
Section 10.5.
4. The Franchisee shall provide the same service set forth in the
preceding paragraph to all Moore public elementary, junior high and
high school facilities located within the City of Moore, subject to
the buildout requirements set forth in Section 10.5.
5. Cable Service shall be available to every dwelling and business
within the City unless residents reside in a remote or relatively
inaccessible area or in annexed areas already served by another
cable operator. The Franchisee will build to these remote and
inaccessible areas and extend service inside the City limits on the
following schedule: For every one-fourth mile of cable plant
required to serve a particular section of the City, ten (10) or more
customers must have placed orders for service. Expenses associated
with the provision of service to businesses beyond 125 feet from an
existing subscriber tap shall be at a cost agreed upon by the
Franchisee and such businesses.
6. The Franchisee shall provide a total of two (2) Access Channels as
set forth below:
1. The Franchisee shall make available for use by the City, free of
charge, one (1) government access channel.
2. The Franchisee shall make available for use by the public
educational institutions, free of charge, one (1) educational
Access Channel.
3. The Franchisee shall be allowed to utilize any unused time on
the Access Channels.
7. The System shall provide leased Access Channels as required by
federal law.
8. To the extent required by applicable law, the System shall be
designed to allow the City to interrupt Cable Service in an
emergency or disaster declared by City Manager or his designee, and
if necessary, use such facilities during the period of emergency or
disaster. This shall include a telephone access system whereby voice
announcements may be made simultaneously over all analog television
channels. This is to be a 24-hour mechanism capable of preempting
the sound on all analog channels. The mechanism is to be accessible
to authorized City or Franchisee personnel only.
9. The System will provide standby power to be installed at locations
as determined by Franchisee, but shall include back up power at the
headend. The power system shall be capable of self activation at any
time there is a loss of commercial power.
10. When constructing or reconstructing the System, the Franchisee shall
place all cable, appurtenances, and transmission facilities in
accordance with the following requirements:
1. Franchisee shall place its cable, appurtenances, and
transmission facilities underground in those areas where
transmission and distribution facilities of the existing
telephone company and electric company are located underground.
2. Franchisee shall promptly move, at its own expense, its cable,
appurtenances, and transmission facilities underground in any
area where, during the term of a franchise, the transmission and
distribution facilities of the existing telephone company and
electric company are moved underground.
3. Where aerial cable is allowed, Franchisee shall not erect any
new poles along any Public Way except as may be reasonably
necessary to fill small gaps in the existing aerial utility
systems and only then with approval of the City, which shall not
be unreasonably withheld.
11. Franchisee shall make no pavement cuts in the installation,
maintenance, or removal of its System, except upon written approval
of the City and upon compliance with the Moore City Code.
12. All signals shall include any closed caption information for the
hearing impaired, as required by the FCC.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 11 SIGNAL QUALITY
REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_11_SIGNAL_QUALITY_REQUIREMENTS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
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The Franchisee shall:
1. Produce a picture, whether in black and white or in color, that is
undistorted, and accompanied with proper sound on a typical
television set in good repair.
2. Transmit signals of adequate strength to produce undistorted picture
with proper sound to all outlets without causing cross-modulation,
hum or distortion in the System or otherwise interfering with other
electrical or electronic systems.
3. Demonstrate, upon request and at no expense to the Subscriber, by
instrument or otherwise, that a signal of adequate strength and
quality is being delivered.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 12 TECHNICAL
STANDARDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_12_TECHNICAL_STANDARDS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The System shall meet or exceed the technical standards set forth in
this Ordinance, the Franchise Agreement, FCC or other applicable
local, federal or state technical standards as may now exist or as
hereinafter amended or adopted.
2. Antennas, supporting structures and outside plant of the System
shall be designed to comply with recommendations of the Electronics
Industry on tower structures and outside plant, and with all
federal, state or City laws, ordinances, or rules or regulations.
3. All construction, installation and maintenance shall comply with
building, electrical codes or other applicable laws adopted by the
City as now existing or as hereinafter amended or adopted.
4. The Franchisee shall, upon the request of the City, perform at its
expense, proof of performance tests designed to demonstrate
compliance with the technical requirements of this Ordinance, the
Franchise Agreement and the then existing FCC requirements,
provided, if the City requests such tests more than annually it
shall pay all costs associated with such test.
5. The System shall not be designed or operated in any manner which
will significantly interfere with any broadcast station, any
electrical system or antennas for reception of television or other
broadcast signals as detailed in the FCC rules regarding signal
quality.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 13 ERECTION, REMOVAL AND COMMON USE OF
POLES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_13_ERECTION,_REMOVAL_AND_COMMON_USE_OF_POLES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No poles or other wire-holding structures shall be erected by the
Franchisee without prior approval of the City. The Franchisee shall
have no vested interest in the location of any pole or wire holding
structure. Such poles or structures shall be removed or modified by
Franchisee at its own expense whenever the City determines that
public convenience would be enhanced thereby.
2. In the event poles or other wire-holding structures are already
existing for use in serving the City and are available for use by
the Franchisee, and the Franchisee does not make arrangements for
such use, the City may require the Franchisee to use such poles or
structures, upon reasonable terms and conditions, if the City
determines that the public convenience would be enhanced thereby,
and the terms of the use available to the Franchisee are just and
reasonable.
3. Where a public utility serving the City desires to make use of the
poles or other wire-holding structures of the Franchisee, but an
agreement therefor with the Franchisee cannot be reached, the City
may require the Franchisee to permit such use for such consideration
and on such terms as the City shall determine to be just and
reasonable, taking into account pole rates charged Franchisee by the
public utility and the pole rates established by FCC rules and
regulations, if the City reasonably determines that the use would
enhance the public convenience and would not unduly interfere with
operations of the Franchisee.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 14 SAFETY
REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_14_SAFETY_REQUIREMENTS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The Franchisee shall at all times employ ordinary care and shall
install and maintain in use commonly accepted methods and devices
for preventing failures and accidents which are likely to cause
damage, injuries or nuisances to the public.
2. The Franchisee shall install and maintain its wires, cable, fixtures
and other equipment in accordance with the National Electrical
Safety Code and the National Electrical Code, as adopted by the City
and as the same may respectively be amended or replaced, and all
applicable state and local laws codes and ordinances.
3. All structures and all lines, equipment, and connections in, over,
under and upon the streets, sidewalks, alleys and Public Ways or
places of the City, wherever situated or located, shall at all times
be kept and maintained in a safe, suitable, substantial condition,
and in good repair.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 15 REMOVAL OF FACILITIES UPON
REQUEST](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_15_REMOVAL_OF_FACILITIES_UPON_REQUEST){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Upon termination of service by any Subscriber, the Franchisee shall
promptly remove all its facilities and equipment from the premises
of such Subscriber upon his request.
2. The question of ownership of wiring installed inside the residence
or business of a Subscriber shall be determined by the rules
promulgated by the FCC.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 16 SUBSCRIBER RATES, CHARGES AND
REFUNDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_16_SUBSCRIBER_RATES,_CHARGES_AND_REFUNDS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. *Rate Regulations*.
1. The rates and charges made to Subscribers for basic cable
television service and related equipment shall be determined
pursuant to the FCC Rules and Regulations, to the extent
applicable. The Council shall have the authority to regulate
such rates and charges in accordance with the FCC rules and
regulations, which are incorporated by reference.
2. *Rate and Charge Limitations*.
1. The Franchisee may require Subscribers to pay for Cable Service
one month in advance. No other advance payment, penalty or
deposit other than a late fee imposed by Section 16(b)(3). below
shall be required by the Franchisee for Cable Service except
where a particular Subscriber has a bona fide credit problem.
2. If in the future the state of Oklahoma regulates the rates of
the Franchisee for the service provided for in a Franchise, this
section shall be of no effect during such state regulation to
the extent of any conflict herewith.
3. Franchisee may charge a fee for the recovery of costs incurred
to collect late payments for Cable Services if the following
conditions have been met:
1. The subscriber\'s bill sets forth when the fee will be
assessed;
2. The fee is not assessed any earlier than the tenth (10th)
day after the due date as reflected on the subscriber\'s
bill; and
3. The bill sets forth the amount of the fee.
Any fee imposed by Franchisee that does not exceed \$6.00 in
Year 2000 dollars (as adjusted annually for inflation based on
the Consumer Price Index) shall be presumed reasonable to cover
the costs associated with the delinquent payment. The assessment
of a fee pursuant to this section shall not be construed as a
limitation on Franchisee\'s right to charge any other lawful
fees or charges.
4. Subscribers shall not be charged a late fee or otherwise
penalized for any failure by the Franchisee, its employees, or
contractors, to timely or correctly bill the Subscriber, or fail
to properly credit the Subscriber for a payment timely made.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 17 CUSTOMER SERVICE
REQUIREMENTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_17_CUSTOMER_SERVICE_REQUIREMENTS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The Franchisee shall render efficient service, make repairs
promptly, and interrupt service only for good cause and for the
shortest time possible. The requirements established in this section
shall be deemed minimum service standards and may be supplemented by
terms of the Franchise Agreement or mutually agreed upon amendments
to this Ordinance.
2. All employees of the Franchisee who are involved in field work which
require the employee to enter onto private property shall wear, on
the outside of clothing, a photograph identification badge.
3. Telephone availability requirements may be provided by equipment and
personnel located at the regional office or other offices of the
Franchisee. Compliance records shall be maintained for the
operations within the City at Franchisee\'s regional office.
4. The Franchisee shall provide a listed local or toll free telephone
number which will be available to Subscribers and members of the
public twenty-four (24) hours a day, seven days a week.
5. The Franchisee shall adhere to the Customer Service Standards
mandated by the FCC, which are incorporated by reference.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 18 POLE AGREEMENTS;
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_18_POLE_AGREEMENTS;_REGULATIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. All transmission and distribution structures, and equipment erected
by the Franchisee within the City shall be so located as to cause
minimum interference with the proper use of streets, alleys, and
other Public Ways and places, and to the extent feasible, to cause
minimum interference with the rights and reasonable convenience of
property owners who join any of the said streets, alleys or other
Public Ways and places, while allowing the Franchisee to adequately
perform its requirements under the Franchise.
2. It shall be the responsibility of the Franchisee to obtain the
necessary pole attachment agreements from the City and/or private
utility companies using poles within the City.
1. Upon request, all pole attachment agreements obtained from
public and private utility companies shall be made available to
the City Clerk.
2. All pole attachment agreements with the City shall be negotiated
and approved by the Council.
3. If, at any time during the period of a Franchise, the City shall
lawfully elect to alter or change the grade of any street, sidewalk,
alley, or other Public Way, the Franchisee, upon reasonable notice
by the City, shall remove, relay, and relocate its poles, wires,
cables, underground conduits, manholes, and other fixtures at its
own expense.
4. Any poles or other fixtures placed in any Public Way by the
Franchisee shall be placed in such a manner as not to interfere with
the usual travel on such Public Way.
5. The Franchisee shall, on the request of any Person holding a
building moving permit issued by the City, temporarily raise or
lower its facilities to permit the moving of buildings. The expense
of such temporary removal or raising or lowering of facilities to
permit the moving of buildings shall be paid by the Person
requesting the same, and the Franchisee shall have the authority to
require such payment in advance. The Franchisee shall be given not
less than seven (7) days\' advance notice to arrange for such
temporary facility changes.
6. A Franchisee shall not place its facilities, equipment or fixtures
where they will unduly interfere with public utility facilities or
equipment, nor obstruct or hinder the service of such utilities to
the residents.
7. The City may issue such rules and regulations concerning the
installation and maintenance of the System as may be consistent with
this Ordinance, the Franchise Agreement and applicable law.
8. Upon completion of any work, the Franchisee shall restore all
property to its former condition.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 19 RESERVATION OF
RIGHTS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_19_RESERVATION_OF_RIGHTS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The right is hereby reserved to the Council to adopt, in addition to
the provisions contained herein and in existing applicable
ordinances, such additional regulations as it shall find necessary
in the exercise of its lawful police powers or powers granted to the
City by federal or state law. However, such regulation, by ordinance
or otherwise, shall be reasonable, of general applicability, and not
in conflict with the material rights herein granted.
2. The City shall have the right to inspect the books, records, maps,
plans, and other like materials of the Franchisee reasonably
necessary to enforce any Franchise granted hereunder, at any time
upon reasonable written notice and during Normal Business Hours.
3. The City shall have the right, during the life of a Franchise, to
install and maintain for a fee, upon the poles of the Franchisee any
wire and pole fixtures that do not interfere with the System of the
Franchisee.
4. The City shall have the right to inspect all construction or
installation work performed, within public ways subject to the
provisions of this nonexclusive Franchise and other pertinent
provisions of the state and local law. In the event City
inspection(s) reveal(s) that the Franchisee has failed, in the
City\'s reasonable judgment, to fulfill its obligation under the
terms of this nonexclusive Franchise, the City shall notify the
Franchisee, in writing, of its specific deficiencies. Absent
commencement of corrective action or filing of a request for review
before the City Council by the Franchisee within thirty (30) days of
receipt of said notification, the City may undertake the necessary
repairs or restoration at the Franchisee\'s sole expense.
5. At the expiration of the term for which a Franchise is granted, or
upon its termination as provided herein, and absent a Franchise
renewal, the Council may require the Franchisee to continue
operations for a period not to exceed six (6) months from the date
of the Council\'s decision. In the event of non-renewal of the
Franchise, the Franchisee shall have one hundred eighty (180) days
from the date it ceases operations to remove, at its own expense,
all portions of its System from all Public Ways within the City and
to restore said Public Ways to a condition reasonably satisfactory
to the City taking into account normal wear and tear.
6. Upon the non-renewal of a Franchise as provided for herein, the
City, at its election, and upon the payment of a sum equal to the
fair market value to the Franchisee as provided by Subsection (G),
shall have the right to purchase and take over the System in its
entirety. Upon the exercise of this option and the payment of the
above sum by the City and its service of an official notice of such
action upon the Franchisee, the Franchisee shall immediately
transfer to the City possession and title to all facilities and
property, real and personal, of the System, free from any and all
liens and encumbrances not agreed to be assumed by the City in lieu
of some portion of the purchase price set forth above; and the
Franchisee shall execute such warranty deeds or other instruments of
conveyance to the City as shall be necessary for this purpose.
7. Upon the exercise of the option by the City to purchase and take
over the System in its entirety, the fair market value to the
Franchisee of the System shall be determined by three (3)
disinterested parties, one of such parties to be selected by the
City, another to be selected by the Franchisee, and the two (2)
parties so selected shall mutually agree upon a third party. When
all three (3) parties have been selected, they shall proceed to
appraise the System and determine the fair market value of the
System as a going concern, but with no value allocated to the
Franchisee itself, which determination shall be binding upon the
City and the Franchisee. In the event the two (2) parties selected
by the City and Franchisee are unable to agree upon a third party,
then the presiding District Judge of Cleveland County, Oklahoma, or
his designee shall serve as the third party. The party selected by
the City shall be with approval of the Council. However, if the City
no longer desires to acquire the System after its value is
determined, the City may, without penalty or waiver of future rights
to acquire the System, abandon its intention to acquire the System.
The cost of the appraisal shall be shared equally between the City
and Franchisee.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 20 OWNERSHIP OF
FACILITIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_20_OWNERSHIP_OF_FACILITIES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
A Franchisee shall at all times be the full and complete owner of all
facilities and property, real and personal, of the System, except for
customer premises equipment, unless mortgaged, leased, or pledged.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 21 DISCRIMINATION
PROHIBITED](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_21_DISCRIMINATION_PROHIBITED){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A Franchisee shall have a rate structure which is uniform throughout
its Cable Service Area to the extent required by applicable law.
2. No Franchisee may in its rates or charges, or in the availability of
the services or facilities of its System, or in any other respect,
make or grant undue preferences or advantages to any Subscriber,
potential Subscriber, or group of Subscribers or potential
Subscribers, nor subject any such Persons or group of Persons to any
undue prejudice or any disadvantage; provided, however, a Franchisee
may offer discounts or promotions in order to attract or maintain
Subscribers provided that such discounts or promotions are offered
on a non-discriminatory basis. A Franchisee shall not deny, delay,
or otherwise burden service or discriminate against Subscribers or
users on the basis of age, race, creed, religion, color, sex,
handicap, national origin, marital status, or political affiliation,
except for discounts for the senior citizens, handicapped, or
economical disadvantaged group which are applied in a uniform and
consistent manner.
3. A Franchisee shall not deny Cable Service to any potential
Subscriber because of the income of the residents of the area in
which the Subscriber resides.
4. A Franchisee shall not refuse to employ, nor discharge from
employment, nor discriminate against any Person in compensation or
in terms, conditions or privileges of employment because of age,
race, creed, religion, color, sex, handicap, national origin,
marital status, or political affiliation.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 22 LIQUIDATED
DAMAGES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_22_LIQUIDATED_DAMAGES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Because failure of the Franchisee to comply with the material
provisions of this Franchise may result in injury to the City, the
extent of which will be difficult to estimate, the following
liquidated damages shall apply to the injury specified:
1. For failure to substantially complete construction or rebuild in
accordance with this Ordinance or the Franchise Agreement,
Franchisee shall pay Two Hundred Fifty Dollars (\$250.00) a day
for each day or portion thereof the violation occurs or
continues.
2. For repeated failure to timely provide data, documents, reports
or information as required, Franchisee shall pay Two Hundred
Fifty Dollars (\$250.00) per day or a portion thereof, if the
violation occurs or continues.
3. For repeated violation of subscriber service standards,
Franchisee shall pay Fifty Dollars (\$50.00) per day, or a
portion thereof, if the violation occurs or continues.
4. For failure to comply with technical and System requirements,
Franchisee shall pay One Hundred Dollars (\$100.00) per day, or
a portion thereof, if the violation occurs or continues.
5. For failure to comply with any other material provision of this
Ordinance or the Franchise Agreement the Franchisee shall pay
One Hundred Fifty Dollars (\$150.00) per day, or a portion
thereof, if the non-compliance continues.
6. For willful failure to comply with lawful orders or directives
of the City, Franchisee shall pay One Hundred Dollars (\$100.00)
per day, or a portion thereof, if the non-compliance continues.
2. Prior to the imposition of any liquidation damages by the City, the
City shall comply with the procedures set forth in Section 23,
below.
3. Payment of such damages shall not relieve the Franchisee of its
obligation to comply with the terms of the Franchise.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 23 FRANCHISE DEFAULT AND ENFORCEMENT
REMEDIES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_23_FRANCHISE_DEFAULT_AND_ENFORCEMENT_REMEDIES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. In the event Franchisee violates or is in default of the material
provisions of this Ordinance or the Franchise Agreement, the City
shall notify the Franchisee in writing of the exact nature of the
alleged violation or default.
2. Franchisee shall have thirty (30) days from the receipt of a written
notice of default to: (a) respond contesting the alleged assertion
of default, or (b) cure such default or, in the event that, by the
nature of the default, such default cannot be cured within the
thirty (30) day period, institute reasonable steps to remedy such
default and notify the City or Council of the steps being taken and
the projected date of compliance.
3. In the event the Franchisee contests the assertion of a default or
fails to respond to a notice of default or the alleged default is
not remedied or remedy commenced within the time required, the
Council shall schedule a hearing to investigate the default. The
Council shall notify the Franchisee of the time and place of such
hearing and provide Franchisee with a full and fair opportunity to
present witnesses and other evidence and be heard.
4. In the event the Council, after such hearing, finds or determines
that the Franchisee has violated or is otherwise in default of a
material provision of this Ordinance or the Franchise Agreement,
which for purposes of subparagraph (d)(3) below shall be a finding
of a default of such material provision of this Ordinance or the
Franchise Agreement, the City shall have the right to seek one of
the following remedies:
1. Order Franchisee to cure default; or
2. Impose liquidated damages or penalties as provided in this
Ordinance or the Franchise Agreement which shall be paid within
five (5) business days following such imposition. Payment of
liquidated damages shall not relieve Franchisee of its
obligation to comply with Franchise requirements; or
3. Revoke or terminate the Franchise following the procedures
specified in this Ordinance.
5. In addition to such remedies, the City reserves to itself all other
remedies which may be available at law or equity and may seek such
relief from any court of competent jurisdiction.
6. Failure of the City to exercise its rights of enforcement for any
violation by Franchisee shall not be deemed a waiver of the City to
enforce any Franchise requirement or to seek appropriate enforcement
remedies for subsequent violations of any nature.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 24 FRANCHISE
FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_24_FRANCHISE_FEE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. As compensation for the use of valuable Public Ways and privileges
granted to operate a System, and to defray the cost of the
regulation, Franchisee shall pay to the City a Franchise fee of
Franchisee\'s Gross Revenues received from the operation of its
System to provide Cable Service within the City, based on the
following schedule:
1. Three percent (3%) for revenue through December 31, 2003;
2. Four percent (4%) for revenue from January 1, 2004, through
December 31, 2005; and
3. Five percent (5%) for revenue on and after January 1, 2006.
2. The Franchise fee shall be payable to the City on a monthly basis
and shall be due no later than forty five (45) days after the end of
the month for which the Franchise fee is being calculated.
3. In the event the Franchise fee payment is not received by the City
on the due date, the Franchisee shall be assessed interest on any
delinquency from the due date until paid in full at the rate of ten
percent (10%) per annum. In the event any Franchise fee shall be
delinquent for more than 90 days, the Franchisee shall, after 10
days\' written notice from the City, be deemed in material default
and subject to the provisions of this Ordinance regarding
termination of a Franchise.
4. The Franchisee shall submit with each payment a report showing the
amount of Gross Revenues for the preceding quarter on which the
Franchise fee is determined. Additionally, Franchisee shall submit
to the City an annual revenue audit statement within three (3)
months of the close of the fiscal year, setting forth the
computation of Gross Revenues for the preceding year and an
explanation of the method of computation. The required reports and
annual revenue audit statement shall be prepared at the expense of
the Franchisee on forms reasonably acceptable to the City and
certified by the Franchisee\'s chief financial officer or authorized
designee. The same reports shall be due within ninety (90) days of
the termination of the Franchise.
5. Except as otherwise provided in the Cable Act and FCC Regulations,
all payments required by this section shall be in addition to all
other fees and payments required to be made by Franchisee to the
City.
6. Acceptance by the City of any payment shall not be construed as an
accord or satisfaction that such payment is correct, nor shall
acceptance be construed as a release of any claim the City may have
for additional sums which may be due.
7. The City shall have the right, at its cost and upon reasonable
notice, to inspect and audit all books and records of the Franchisee
which may be necessary for the determination of Gross Revenues and
computation of Franchise fees due, such audit period not to exceed
the prior 3 years. If it is finally determined that Franchise fees
have been underpaid in an amount in excess of ten percent (10%), the
cost of audit shall be paid by the Franchisee. The books and records
necessary for such audit shall be maintained by the Franchisee at
Franchisee\'s Regional office.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 25 RENEWAL OF
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_25_RENEWAL_OF_FRANCHISE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Renewal of a Franchise shall be conducted in a manner consistent with
Franchise renewal provisions of the Cable Act, including without
limitations Sections 626 and 627 of the Cable Act as may be amended, and
to the extent consistent therewith, the following additional
requirements shall apply:
1. Should the formal renewal process set forth in the Cable Act be
invoked, the City shall, upon completion of the review and
evaluation process, notify the Franchisee that it may file a renewal
Application. The notice shall specify the information to be included
in the renewal Application and the deadline for filing the
Application, which shall be no earlier than sixty (60) calendar days
following the date of the notice. Upon receipt of the renewal
Application, the City shall publish notice of its receipt and make
copies available to the public. The City may hold one or more public
hearings on the renewal Application.
2. At the conclusion of the public hearings on the renewal Application,
the Council will either:
1. Pass a resolution agreeing to renew the Franchise, subject to
the negotiation of a Franchise Agreement reasonably satisfactory
to the City and the Franchisee; or
2. Pass a resolution that makes a preliminary assessment that the
Franchise should not be renewed.
3. If a preliminary assessment is made that a Franchise should not be
renewed, at the request of the Franchisee or on its own initiative,
the City will commence a proceeding, in accordance with the
appropriate sections of the Cable Act, to address the issues set
forth in the Cable Act.
4. The City and Franchisee may engage in informal renewal discussions
at any time prior to or during the formal renewal process. Any
request to initiate a renewal process or proposal for renewal not
submitted within the time period set forth in the Cable Act, shall
be deemed an informal proposal for renewal. The City may hold one or
more public hearings or implement other procedures under which
comments from the public on an informal proposal for renewal may be
received. Following such public hearings or other procedures, the
Council shall determine whether the Franchise should be renewed and
the terms and conditions of any renewal.
5. If the Council grants a renewal Application, the City and the
Franchisee shall agree on the terms of a Franchise Agreement, and
comply with the procedures specified in this Ordinance, before such
renewal becomes effective.
6. If renewal of a Franchise is denied, the City may acquire ownership
of the System as provided in this Ordinance or the Franchise
Agreement, or at the request of the Franchisee, effect a transfer of
ownership of the System to another Person upon approval of the
Council. Any such acquisition or transfer shall be at fair market
value, determined on the basis of the System valued as a going
concern.
7. If renewal of a Franchise is denied and the City does not purchase
the System or approve or effect a transfer of the System to another
Person, the City may require the former Franchisee to remove its
facilities and equipment at the former Franchisee\'s expense. If the
former Franchisee fails to do so within a 6 month period of time,
the City may have the removal done at the former Franchisee\'s
and/or surety\'s expense.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 26 TRANSFER OF A
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_26_TRANSFER_OF_A_FRANCHISE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. No Transfer of a Franchise shall occur without prior approval of the
City, which shall not be unreasonably withheld, conditioned or
delayed.
2. An Application for a Transfer of a Franchise shall provide complete
information on the proposed transaction, including details on the
legal, financial and technical qualifications of the transferee, to
the extent required by FCC rules.
3. At least one hundred and twenty (120) calendar days prior to the
contemplated effective date of a Transfer, Franchisee shall submit
to the City an Application, together with any required FCC transfer
forms, for approval of the Transfer. To the extent consistent with
FCC rules, such Application and/or the FCC forms shall include the
following:
1. A statement of the reason for the contemplated transfer.
2. The name, address and telephone number of the proposed
transferee.
3. A detailed statement of the corporate or other business entity
organization of the proposed transferee, including but not
limited to the following:
1. The names, business addresses, state of residence and
country of citizenship of all general partners and corporate
officers of the proposed transferee.
2. The names, business addresses, state of residence and
country of citizenship of all Persons and entities having,
controlling, or being entitled to have or control ten
percent (10%) or more of the ownership of the proposed
transferee and the respective ownership share of each such
Person or entity.
3. The names and addresses of any parent or subsidiary of the
proposed transferee and of any other business entity owning
or controlling in whole or in part or owned or controlled in
whole or in part by the proposed transferee.
4. A detailed and complete financial statement, or annual
report, of the proposed transferee, or a letter or other
acceptable evidence in writing from the proposed
transferee\'s lending institution or funding source,
addressed to both the proposed transferee and the City,
setting forth a clear statement of its intent as a lending
institution or funding source to provide whatever capital
shall be required by the proposed transfer to construct,
install, maintain and operate the proposed System in the
City.
5. A detailed description of all previous experience of the
proposed transferee in operating Systems and providing Cable
Services or related or similar services, including a
statement identifying, by place and date, any other cable
Franchise(s) awarded to the proposed transferee, its parent,
subsidiaries, or affiliates currently operating or in the
status of transfer; the status of said Franchise(s) with
respect to completion thereof.
6. Other information the City may reasonably request consistent
with FCC regulations.
4. In making a determination on whether to grant an Application for a
Transfer of a Franchise, the City Council, in good faith, shall
consider the legal, financial and technical qualifications of the
transferee to operate the System; whether the incumbent Franchisee
is in material compliance with its Franchise Agreement and this
Ordinance and, if not, the Franchisee\'s or proposed transferee\'s
commitment to cure such material noncompliance.
5. No Application for a Transfer of a Franchise shall be granted unless
the transferee agrees in writing that it will abide by and accept
all terms of this Ordinance and the Franchise Agreement, and that it
will assume the obligations and liabilities of the previous
Franchisee under this Ordinance and the Franchise Agreement.
6. Approval by the City of a Transfer of a Franchise does not
constitute a waiver or release of any of the rights of the City
under this Ordinance or the Franchise Agreement, whether arising
before or after the date of the transfer.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 27 MAPS, REPORTS AND
RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_27_MAPS,_REPORTS_AND_RECORDS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A Franchisee shall, within One Hundred Twenty (120) days of the
execution of the Franchise Agreement, make available a map of the
City showing the proposed construction schedule of the Franchisee. A
Franchisee shall also, upon request, make available with the City
Engineer a \"route\" map of the existing System. The maps shall be
updated any time route changes are made in the System.
2. The City reserves the right to review complete detailed maps of the
Franchisee\'s network on an as needed basis at the Regional office
of the Franchisee. The City and its designees agree that information
listed on the detailed maps is considered proprietary, and subject
to non-disclosure to outside parties pursuant to confidentiality
provisions of this Ordinance.
3. A Franchisee shall, upon request, file with the City an annual
report reflecting the cable activities concerning the City that
includes the following information:
1. A summary of the immediate past year\'s activities of the
System, including for example, service initiated or
discontinued, number of Subscribers, homes passed, miles of
cable, a comparison of construction schedules, including
upgrades, with projections previously provided the City, and a
showing of any change in charges or rates.
2. A summary of Subscriber or consumer complaints, identifying the
types of the complaints and the disposition. Where the
complaints involve recurrent system problems, the summary shall
state the nature of such problems and corrective measures taken.
The City may require additional information.
3. If the Franchisee is a corporation, a list of all officers and
members of the board of directors. If the stock or ownership
interests of the corporation or any parent corporation are
publicly traded, a copy of its most recent annual report shall
be provided, together with the most recent financial reports
filed with the Securities and Exchange Commission.
4. If the Franchisee is a partnership, a list of the partners,
including limited partners and their addresses. If the general
partner is a corporation, a list of officers and members of the
board of directors of the corporate general partners. Where such
ownership interests are publicly traded, a copy of its most
recent annual report.
5. If the Franchisee is a Limited Liability Company or similar
legal entity, a list of members and their addresses. Where
ownership of such entity is publicly traded, a copy of the most
recent annual report.
6. A copy of the Franchisee\'s rules and regulations applicable to
Subscribers and customers of the System.
7. A report indicating the types of discounts and promotions
offered in the prior year.
8. A detailed description of all services and a schedule of all
rates, fees and charges for all such services, including
discounts and promotions.
4. In order to assure full disclosure, a Franchisee shall keep on file
with the City Clerk, at least annually, a current list of officers,
directors and the names of all partners or known stockholders
holding 10 percent (10%) or more ownership in the Franchisee or any
parent corporation.
5. A Franchisee shall maintain all books and records and supporting
data for information in the annual report available for inspection
by the City for purposes of ascertaining compliance with
requirements of this Ordinance or Franchise Agreement.
6. Franchisee shall maintain a complete set of books and records,
including plans, contracts, engineering, accounting, financial,
statistical, Subscriber and service records for operations at its
Regional office. The records shall be provided in a manner to permit
complete inspection of the records of the Moore operation.
7. The City shall have the right to inspect at Franchisee\'s Regional
office the books, maps and records specified in this Ordinance and
such other records as may be reasonably required by the City to
perform its regulatory responsibilities under the Ordinance and the
Cable Act. The City agrees to carry out any such inspection at
reasonable hours and upon reasonable notice. Access by the City to
Franchisee\'s books and records shall not be denied on grounds that
such books and records contain proprietary or confidential
information, provided, the City agrees to maintain the
confidentiality of any such information.
8. The City shall accord all books, maps and records that it inspects
under this Section the maximum degree of confidentiality such books,
maps and records are entitled to under this Ordinance, federal or
state law.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 28
ADMINISTRATION](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_28_ADMINISTRATION){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The City Manager, either directly or through a duly appointed
designee, shall have the responsibility for overseeing the
day-to-day administration of this Ordinance and Franchise
Agreements. The City Manager shall be empowered to take all
administrative actions on behalf of the City, except for those
actions specified in this Ordinance that are reserved to the
Council. The City Manager may recommend that the Council take
certain actions with respect to the Franchise. The City Manager
shall keep the Council apprised of developments in cable and provide
the Council with assistance, advice and recommendations as
appropriate.
2. A Franchisee shall have the right to appeal to the Council any
decision of the City Manager relating to such Franchisee or its
Franchise Agreement. Such appeal must be made by written request
within fifteen (15) calendar days of the City Manager\'s written
decision which the Franchisee seeks to appeal.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 29 SUBSCRIBER
PRIVACY](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_29_SUBSCRIBER_PRIVACY){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A Franchisee shall protect the privacy of all Subscribers pursuant
to the provisions of the Cable Act. A Franchisee shall not condition
Subscriber service on the Subscriber\'s grant of permission to
disclose information which, pursuant to local, federal or state law,
cannot be disclosed without the Subscriber\'s explicit consent.
2. Except as permitted by Federal law the Franchisee, its agents and
employees shall not, without the prior and specific written
authorization of Subscriber involved, sell, or otherwise make
available for commercial purposes personally identifiable
information of any Subscriber or Subscribers, or any information
which identifies the individual viewing habits of any Subscriber or
Subscribers.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 30 COMPLIANCE WITH FCC REGULATIONS AND
STANDARDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_30_COMPLIANCE_WITH_FCC_REGULATIONS_AND_STANDARDS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A Franchisee shall comply with all FCC rules, regulations and
technical standards adopted by the FCC which pertain to the
operation of the System.
2. A Franchisee shall maintain at its city or regional office, and make
available for the public inspection, copies of all reporting forms
required to be filed by the FCC, including but not limited to FCC
forms 325 and 395-A. A Franchisee shall provide the City a copy of
all such reports, upon request, within thirty (30) days of the
City\'s request.
3. A Franchisee shall file with the City, upon request, copies of all
complaints, petitions, communications, and orders filed with or
received from the FCC, SEC, EEOC, FAA or other federal or state
regulatory commissions or agencies having jurisdiction over the
Franchisee and its operation of a System. In addition, the
Franchisee shall provide the same information on all lawsuits or
proceedings in which the Franchisee is a named party and the
proceedings, litigation or filing involves the Franchisee\'s
operations within the City.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 31 COMPLIANCE WITH APPLICABLE LAWS AND
ORDINANCES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_31_COMPLIANCE_WITH_APPLICABLE_LAWS_AND_ORDINANCES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. A Franchise granted hereunder shall be subject to all applicable
provisions of the laws of the United States, the State of Oklahoma
and City ordinances, and any amendments thereto.
2. The Franchisee shall, at all times during the life of a Franchise,
be subject to all lawful powers of the State of Oklahoma and the
City and to such reasonable regulations of general applicability as
the State and City shall hereafter provide.
3. The Franchisee shall conform to all zoning and platting requirements
of the City prior to the commencement of any and all construction
work.
4. The Franchisee shall obtain building permits for all buildings
constructed, pay all building permit fees, tap charge fees, and all
other fees as required by the ordinances of the City and at the
rates that are in full force and effect at the time of Application
for building permits.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 32 REVOCATION OR TERMINATION OF
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_32_REVOCATION_OR_TERMINATION_OF_FRANCHISE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. In addition to all other rights and powers pertaining to the City by
virtue of a Franchise or otherwise, the City reserves the right to
revoke, terminate and cancel the Franchise and all rights and
privileges of the Franchisee hereunder in the event that the
Franchisee:
1. Violates any material provision of this Ordinance or a Franchise
Agreement, or any material rule, order, or determination of the
Council made pursuant to this Ordinance or the Franchise
Agreement, except where such violation is without fault or
through excusable neglect.
2. Executes an assignment for the benefit of creditors or is a
party to an appointment of a receiver or trustee to control the
business of the Franchisee, whether in a receivership,
reorganization bankruptcy, or other action or proceeding which
indicate the Franchisee is insolvent or unable to pay its debts
as they accrue; provided, if such assignee, receiver or trustee
executes an agreement, approved by the court having
jurisdiction, assuming and agreeing to be bound by the terms and
condition of this Ordinance and the Franchise Agreement the
Council may approve the continuation of the Franchise during
such appointment.
3. Practices any finally adjudicated fraud or deceit upon the City
or its citizens.
4. Disposes of any of the facilities or property of its System to
prevent the City from purchasing same, as provided for herein.
5. Is a party to foreclosure or other judicial sale of facilities,
equipment or property of Franchisee unless the City approves the
transfer of the Franchise to the successful bidder in accordance
with the provisions of this Ordinance and the successful bidder
agrees with the City to be bound by this Ordinance and the
Franchise Agreement.
2. Upon the occurrence of any event in this section or any other
section providing for termination, the City Manager shall make
written demand by registered mail that the Franchisee correct or
cure such default. If the Franchisee fails, refuses or neglects to
comply or commence compliance with the demand which is within the
control of the Franchisee for a period of thirty (30) days following
receipt of such written demand, the City Manager may place a request
for revocation of the Franchise on a regular or special Council
meeting agenda. The City Manager shall cause to be served upon the
Franchisee, at least ten (10) days prior to the date of such Council
meeting, a written notice of his intent to request such revocation,
and the time and place of the meeting.
3. The Council shall consider the request of the City Manager and
shall, after notice, hear any Persons interested therein, including
giving the Franchisee a full and fair opportunity to be heard, and
shall determine, in its discretion, after due consideration of any
and all evidence presented, whether or not any failure, refusal or
neglect by the Franchisee constitutes cause for revocation of the
Franchise. Subject to applicable federal and state law, in the event
the City, after such hearing, determines that Franchisee is in
default of any material provision of this Ordinance or the Franchise
Agreement, the City may:
1. Commence an action at law for monetary damages or seek other
equitable relief;
2. Declare the Franchise to be terminated; or
3. Seek specific performance of any provision, which reasonably
lends itself to such remedy, as an alternative to damages or
termination of the Franchise.
The Franchisee shall not be relieved of any of its obligations to
comply promptly with any provision of the Franchise by reason of any
failure of the City to enforce prompt compliance. Franchisee may
appeal any determination of the City that Franchisee is in default
to any court of competent jurisdiction.
4. The Franchisee shall not be held in default with any provision of
its Franchise or this Ordinance, nor suffer any enforcement or
penalty relating thereto, where such alleged default is caused by
acts of God, power outages, or other events reasonably beyond the
power of the Franchisee to control.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 33 PERIODIC
REVIEWS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_33_PERIODIC_REVIEWS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. During the ninety (90) day period which commences on every five year
anniversary date of the effective date of a Franchise, the City may
commence a review of the System to determine the technological and
economic feasibility of incorporating new technology into the design
and/or upgrading channel capacity for the System; to review
Subscriber service standards; to review the performance of the
Franchisee as to compliance with the terms and conditions of its
obligations under this Ordinance and the Franchise Agreement and to
correct any defaults; to conduct inquiries into any issue deemed
pertinent to the review by the Council; to review PEG channel use;
the Franchise System design; and, if the FCC rules and regulations
are eliminated and not replaced, to review and require standards as
may be necessary.
2. A Franchisee shall provide the City with such records and
information which may be reasonably necessary to conduct the review.
3. In the event the City commences a review of the System as provided
in paragraph (a) of this Section 33, the City shall conduct public
hearings to provide Franchisee and the public the opportunity to
comment on the issues which are to be considered in said review, and
shall consider whether a change in the Franchise requirements is
appropriate to meet the reasonable cable related needs and interests
of the community, after considering the costs of meeting those needs
and interests.
4. At the conclusion of each performance evaluation, which shall be no
later than ninety (90) days following commencement of the review,
the City shall advise the Franchisee of any defaults or any
obligations of the Franchisee and the requirements to cure as
provided in this Ordinance. Further, the City may submit
recommendations to the Franchisee for action to improve Cable
Service. The City and the Franchisee may agree on changes in the
Franchise Agreement necessary to correct problems existing at the
time of the review.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 34 DESCRIPTIVE
HEADINGS](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_34_DESCRIPTIVE_HEADINGS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The headings of the sections of this Ordinance are descriptive only.
(Ord. No. 398(02), 12-16-2002)
::: phx-name
[APPENDIX 2 SECTION 35 CHOICE OF LAW, VENUE AND ATTORNEYS
FEES](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_2_SECTION_35_CHOICE_OF_LAW,_VENUE_AND_ATTORNEYS_FEES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Except as otherwise provided herein, this Ordinance and any
Franchise Agreement shall be governed by the laws of the State of
Oklahoma. The District Court of Cleveland County and the United
States Court for the Western District of Oklahoma shall have venue
and jurisdiction exclusively for any action in law or equity which
may be instituted to enforce the terms of this Ordinance, the
Franchise Agreement or other applicable laws, rules and regulation.
2. If any legal action is instituted by either party to enforce any
terms of this Ordinance or the Franchise Agreement, the attorney
fees, costs of the action including, but not limited to, court
costs, expert witness fees and all other actual expenses incurred by
the prevailing party, shall be paid by the losing party.
(Ord. No. 398(02), 12-16-2002)
::: {.phx-name .phx-break}
[APPENDIX 3 GAS
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=APPENDIX_3_GAS_FRANCHISE){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
::: toc
[SECTION 1
DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_1_DEFINITIONS){.k-link
target="_blank" style="color:#0000EE"}\
[SECTION 2 GRANT OF
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_2_GRANT_OF_FRANCHISE){.k-link
target="_blank" style="color:#0000EE"}\
[SECTION 3 FRANCHISE ASSIGNMENT, SALE OR
LEASE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_3_FRANCHISE_ASSIGNMENT,_SALE_OR_LEASE){.k-link
target="_blank" style="color:#0000EE"}\
[SECTION 4 USE AND REPAIR OF THE PUBLIC
WAYS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_4_USE_AND_REPAIR_OF_THE_PUBLIC_WAYS){.k-link
target="_blank" style="color:#0000EE"}\
[SECTION 5 REGULATION OF
SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_5_REGULATION_OF_SERVICE){.k-link
target="_blank" style="color:#0000EE"}\
[SECTION 6 DEPTH OF
PIPELINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_6_DEPTH_OF_PIPELINES){.k-link
target="_blank" style="color:#0000EE"}\
[SECTION 7 DUTY TO MOVE OR ALTER
LINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_7_DUTY_TO_MOVE_OR_ALTER_LINES){.k-link
target="_blank" style="color:#0000EE"}\
[SECTION 8 INDEMNIFICATION OF
GRANTOR](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_8_INDEMNIFICATION_OF_GRANTOR){.k-link
target="_blank" style="color:#0000EE"}\
[SECTION 9 GRANTEE'S RULES AND
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_9_GRANTEE’S_RULES_AND_REGULATIONS){.k-link
target="_blank" style="color:#0000EE"}\
[SECTION 10 INSPECTION OF
RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_10_INSPECTION_OF_RECORDS){.k-link
target="_blank" style="color:#0000EE"}\
[SECTION 11 CONSIDERATION FOR FRANCHISE: FRANCHISE
FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_11_CONSIDERATION_FOR_FRANCHISE:_FRANCHISE_FEE){.k-link
target="_blank" style="color:#0000EE"}\
[SECTION 12 CONDITIONS OF
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_12_CONDITIONS_OF_FRANCHISE){.k-link
target="_blank" style="color:#0000EE"}\
[SECTION 13 INVALIDITY OF
ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_13_INVALIDITY_OF_ORDINANCE){.k-link
target="_blank" style="color:#0000EE"}\
[SECTION 14 ELECTION
REQUIRED](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_14_ELECTION_REQUIRED){.k-link
target="_blank" style="color:#0000EE"}\
[SECTION 15 ACCEPTANCE, OPERATIVE AND EFFECTIVE DATE;
EMERGENCY](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_15_ACCEPTANCE,_OPERATIVE_AND_EFFECTIVE_DATE;_EMERGENCY){.k-link
target="_blank" style="color:#0000EE"}\
\
::: phx-name
[SECTION 1
DEFINITIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_1_DEFINITIONS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
SECTION 1. DEFINITIONS
1. As used in this Ordinance, the following words and phrases shall
have the following meanings: "Calculated Value" shall mean the total
Transport Gas measured in Dekatherms (Dth), delivered to a transport
Gas Consumer for a billing period, multiplied by the Settlement
Price to arrive at the value of the Transport Gas transported by
Grantee for that Transport Gas Consumer.
2. "Consumer" shall mean any individual person, corporation, company,
partnership, firm, unincorporated association, trust, municipality,
or public or private entity located within the municipal corporate
limits of the City and serviced by the Grantee through any use of
the Public Ways.
3. \"Dekatherm" or "Dth" shall mean a measurement of natural gas equal
to 1,000,000 British Thermal Units ("Btu"), or 1 MMBtu, on a dry
basis. Btu shall be computed on a temperature base of 60 degrees
Fahrenheit and a pressure base of 14.73 PSIA.
4. \"Distributed" or "Distribution" shall mean all sales, distribution,
or transportation of natural gas to any Consumer or user located
within the municipal corporate limits of the City by the Grantee or
by others through Grantee's Distribution System.
5. "Distribution System" shall mean a system of works, pipes,
pipelines, apparatus, machinery, structures, appliances and
appurtenances as are reasonably necessary for the transportation,
distribution or sale of gas to Consumers.
6. "Franchise" shall mean the rights and privileges granted by Grantor
to Grantee under Subsection A of Section 2 of this Ordinance.
7. "Franchise Fee" or "Franchise Fees" shall mean the sum of fees to be
paid to the City by Grantee under Section 11 of this Ordinance, at
Paragraph A(1), as consideration for the use of the Public Ways and
shall be inclusive or in lieu of any permit fees, lane closure fees
and similar fees or charges for construction, installation,
maintenance or restoration work on the Distribution System with the
Public Ways.
8. "Grantee" shall mean ONE Gas, Inc., a corporation acting by and
through its Oklahoma Natural Gas Company division, and its
successors and assigns.
9. "Grantor" shall mean the City of Moore, Oklahoma, a municipal
corporation, hereinafter also referred to as the "City".
10. "Gross Receipts" shall mean any and all compensation derived by
Grantee directly from the Distribution of natural gas to a Consumer
for any use, including residential, industrial and commercial
purposes, and shall include without limitation revenues from any
operation or use of any or all of the Distribution System by Grantee
or others. Gross Receipts shall not include revenues received by
Grantee from Consumers as franchise fee reimbursement nor Volumetric
Rate Fees collected by Grantee and remitted to Grantor in accordance
with Paragraph 11.A(2) pursuant to an ordinance enacted by Grantor
according to Paragraph 3.B(1) hereof, nor shall Gross Receipts
include revenues from incidental charges or miscellaneous fees not
directly generated by the Distribution of natural gas to Consumers,
such as, by way of example, connection and disconnection fees,
reconnection fees, customer project contributions, returned check
charges, delayed or late payment charges, temporary service charges,
and other such charges.
11. "Install, operate and maintain" shall mean to acquire, erect,
construct, install, extend, repair, remove, relocate, replace, or
otherwise operate and maintain.
12. "Public Ways" shall mean any street, alley, avenue, boulevard, lane,
park, parkway, sidewalk, driveway, public right of way, and any
other public ways, places, areas, or grounds within the municipal
corporate limits of the City as now constituted or as may be added
or extended hereafter.
13. "Settlement Price" shall mean the settlement prices for natural gas
futures contracts traded on the New York Mercantile Exchange
(NYMEX), or any successor exchange or index, on the 15th day of each
month as published daily in The Wall Street Journal (WSJ) on the
following business day (or the next day in which a Settlement Price
is published) for each month of the twelve-month period immediately
following.
14. "Transportation Tariff Arrangement" shall mean any arrangement
between Grantee and a Consumer pursuant to which natural gas owned
by any party other than the Grantee shall be transported,
distributed or sold through any portion of Grantee's Distribution
System and under one of Grantee's tariffs or special contract for
delivery to the Consumer.
15. "Transport Gas" shall mean all natural gas transported by Grantee
pursuant to a Transportation Tariff Arrangement or by other
agreement, but not sold by Grantee though Grantee's Distribution
System to any Consumer or user located within the municipal
corporate limits of the City.
16. "Transport Gas Consumer" shall mean a Consumer which uses Transport
Gas.
17. \"Volumetric Rate" shall mean Three Percent (3%) of the Calculated
Value of Transport Gas as determined by Grantee in accordance with
the provisions of this definition. The Volumetric Rate Calculation
Form incorporated herein as Exhibit "A" shall be used for the
calculation of the Volumetric Rate; provided, that the Grantor
enacts an ordinance as described in Paragraph 3.B(1) below, the
three percent (3%) multiplier labeled "3% Bundled Franchise Fee
Rate" set forth on "Exhibit A" shall be completed by Grantee and
filed with the City Clerk of the City upon Grantee's acceptance of
this franchise and annually by each July following acceptance. The
calculation filed upon Grantee's acceptance of this franchise shall
be effective from the date of such filing through and including
December 31 of the next succeeding calendar year. The calculation
filed by Grantee on July 31 in years following the year of
acceptance of this franchise shall be effective on January 1 of the
next succeeding calendar year through and including December 31 of
such calendar year. The calculation shall be subject to review by
the City for mathematical correctness and the City shall notify
Grantee in writing within forty five (45) calendar days after
submission if the City deems such calculation to be incorrect. The
volumetric rate calculation shall be based on the average of the
average Settlement Prices for the twelve month period beginning in
July of the immediately preceding year and ending in June
immediately preceding the July 31 calculation. The average
Settlement Prices for each month during said twelve-month period
shall be calculated by adding the Settlement Prices for such month
and the previous eleven (11) months as published and dividing by
twelve. The average Settlement Prices for each of the twelve months
shall then be summed and divided by twelve to determine the average
of the average Settlement Prices and then multiplied by three
percent (3%) to obtain the Volumetric Rate; provided, in the event
the then-current average of the average Settlement Prices as
calculated above and entered on the Volumetric Rate Calculation
Form, attached as Exhibit A (see line designated on Exhibit "A" as
"settlement price average"), exceeds the Index price for ONEOK Gas
Transportation, L.L.C., that is listed in the issue of Platt's
"Inside FERC's Gas Market Report" published on the first business
day of the respective month ("Platt's Index price"), then the
Platt's Index price shall be used to calculate the Volumetric Rate
for that delivery month in lieu of the average of the average
Settlement Prices entered on the Volumetric Rate Calculation Form
(Exhibit A) (i.e., for that respective delivery month, the
Volumetric Rate shall be determined by taking the Platt's Index
price and multiplying that price by 3% or the then applicable
increased percentage determined in the same manner set out in
Paragraph 11.A(2) of this franchise).
18. "Volumetric Rate Fee" or "Volumetric Rate Fees" shall mean the fee
or fees based on the Volumetric Rate to be collected and remitted to
the City by Grantee as required by Paragraph 11.A(2) of this
franchise upon the enactment of an ordinance as described in
Paragraph 3.B(1).
\
::: phx-name
[SECTION 2 GRANT OF
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_2_GRANT_OF_FRANCHISE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
\
1. The Grantor hereby grants to Grantee for the term of
twenty-five (25) years from the passage and voter approval of this
Ordinance and the filing of a written acceptance by the Grantee, the
right to enter upon the Public Ways to install, operate and maintain
a Distribution System along, across, over and under the Public Ways
for the privilege of transporting, distributing and/or selling gas
to consumers and the public generally within the municipal corporate
limits of the City.
2. The Ordinance shall have the effect of and shall be a contract
between Grantor and Grantee and shall be the measure of the rights
and liabilities of Grantor as well as Grantee.
3. The franchise granted by this Ordinance is not exclusive and nothing
herein shall be construed to divest the Grantor of its control and
regulation of the Public Ways.
\
::: phx-name
[SECTION 3 FRANCHISE ASSIGNMENT, SALE OR
LEASE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_3_FRANCHISE_ASSIGNMENT,_SALE_OR_LEASE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Grantee shall not have the right to assign, sell, lease, or
otherwise transfer in any manner whatsoever to any third party not
affiliated with Grantee the rights and privileges granted under this
Ordinance except as hereinafter provided. Any assignment, sale,
lease, or other transfer by the Grantee of the franchise granted
herein to any third party not affiliated with Grantee shall be
ineffective and void unless:
1. The proposed assignment, sale, lease or transfer shall be in
writing
2. The prospective assignee, buyer, lessee or other transferee
shall agree in writing to accept and become responsible for full
performance of all conditions, covenants, obligations, and
liabilities contained in this Ordinance; and
3. Such writing shall be submitted to the City Clerk of the City.
This Subsection shall not apply to any arrangement which is in
compliance with the provisions of Subsection B of this Section.
This Section shall not apply to the use of any portion of
Grantee's distribution system for the transportation,
distribution or sale to any Consumer purchasing, receiving and
using natural gas outside the municipal corporate limits of the
City.
2. After the operative date of this ordinance, Grantee shall have the
right to enter into or continue to operate pursuant to any
"Transportation Tariff Arrangement" or to enter into or continue any
arrangement by which natural gas owned by any party other than
Grantee shall be transported, distributed or sold through any
portion of Grantee's Distribution System for delivery to any
Consumer located within the municipal corporate limits of the City,
subject to the following:
1. Should Grantor, by separate ordinance, require persons
transporting gas pursuant to a Transportation Tariff Arrangement
to pay compensation to Grantor for use of the Public Ways in
connection with the sale of Transport Gas, said compensation
shall be calculated as a Volumetric Rate Fee and collected and
remitted by Grantee as provided in Paragraph 11.A(2) of this
ordinance;
2. The Transport Gas Consumer shall have obtained a license from
the Grantor, if the Grantor shall have a licensing ordinance in
effect, for the use of the Public Ways in connection with such
transport of natural gas, and the Grantor shall have notified
the Grantee in writing of such license.
\
::: phx-name
[SECTION 4 USE AND REPAIR OF THE PUBLIC
WAYS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_4_USE_AND_REPAIR_OF_THE_PUBLIC_WAYS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Grantee's Distribution System shall be erected, placed, and laid or
otherwise installed, operated and maintained in such a manner as
will, consistent with reasonable necessity, least interfere with
other public uses of the Public Ways.
2. Before Grantee shall excavate or disturb the surface of any Public
Way, except in the case of emergency, at least forty-eight (48)
hours notice shall be given to the City's Engineer, Public Works
Director or other proper authority designated in writing by the
Grantor. After such excavation or disturbance, the Grantee shall,
with due diligence and dispatch, place the Public Way in a condition
in compliance with the Grantor's reasonable standards and
specifications.
3. Upon Grantee's failure to commence or complete any construction,
maintenance or restoration work required by this Ordinance with due
diligence and dispatch, the Grantor may cause such work to be done
after written notice to Grantee, given so as to afford Grantee an
opportunity to commence and complete such work within a reasonable
time. The cost of such construction, maintenance or restoration
incurred by Grantor upon Grantee's failure shall then be charged and
collected from the Grantee.
4. Grantor reserves the right to make and enforce reasonable
regulations concerning the construction of Grantee's Distribution
System located within, along, across, over, or under the Public Ways
and to reasonably designate where the Distribution System's works
and pipelines shall be placed, so long as such regulations are not
in conflict with the laws of the State of Oklahoma and the United
States or the orders, rules or regulations of the Oklahoma
Corporation Commission or other regulatory authority having
jurisdiction over Grantee
\
::: phx-name
[SECTION 5 REGULATION OF
SERVICE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_5_REGULATION_OF_SERVICE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. The Distribution System of the Grantee shall at all times be
installed, operated and maintained in accordance with accepted good
practice and in such condition as will enable the Grantee to furnish
adequate and continuous service as required by the orders, rules and
regulations of the Oklahoma Corporation Commission or other
regulatory authority having jurisdiction. The requirements set forth
in this Section shall not relieve Grantee of any other obligations
set forth herein.
2. In the event that the Oklahoma Corporation Commission or other state
regulatory authority shall be deprived of the authority to regulate
Grantee, then Grantor shall have the authority to set rates, terms
and conditions of service for transportation, distribution or sale
of natural gas by Grantee within the municipal corporate limits of
the City.
\
::: phx-name
[SECTION 6 DEPTH OF
PIPELINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_6_DEPTH_OF_PIPELINES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
After the operative date of this franchise, Grantee's main or lateral
lines installed or replaced in Public Ways shall be installed or
replaced at depths which comply with all applicable state and federal
rules and regulations establishing minimum safety standards for the
design, construction, maintenance and operation of pipelines. Depth
shall be measured from the lower of existing grade or proposed future
grade as set forth on plans or other specifications existing at the time
such lines are installed or replaced.\
::: phx-name
[SECTION 7 DUTY TO MOVE OR ALTER
LINES](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_7_DUTY_TO_MOVE_OR_ALTER_LINES){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. Grantor reserves the right to lay or permit to be laid cables,
electric conduits, water, sewer, gas or other pipelines and to do or
permit to be done any underground work deemed necessary and proper
by the Grantor, along, across, over or under the Public Ways. In
permitting such work to be done, the Grantor shall not be liable to
the Grantee for any damage to Grantee's pipeline unless Grantor or
its agents or contractors are negligent in causing said damage.
2. Whenever by reason of establishing a grade or changes in the grade
of any street or in the location or manner of construction of any
public way, cables, electric conduits, water, sewer, gas or other
underground structures, it shall be deemed necessary by the Grantor
to alter, change, adapt or conform any portion of Grantee's
Distribution System located in the Public Ways, such alterations or
changes shall be made within a reasonable time by the Grantee, as
ordered in writing by the Grantor, without claim for reimbursement
or compensation for damages against Grantor; provided, however, that
this Section is not intended to require Grantee to alter, change,
adapt or conform any portion of its Distribution System without
reimbursement or compensation where the right to locate the same,
whether by private right-of-way grant, utility easement or
otherwise, was acquired prior to its location in the public way.
3. If Grantor shall require the Grantee to adapt or conform its
Distribution System or in any way to alter, relocate or change its
property to enable any other person, firm, corporation or entity
(whether public or private), other than the Grantor, to use the
Public Ways, the Grantee shall be reimbursed by the person, firm
corporation or entity desiring or occasioning such change for any
and all loss, cost or expense occasioned thereby.
4. "Person," "firm," "corporation," and "entity" as used in Subsection
C of this Section shall not include regular departments of the
Grantor, or any trust or authority formed by or for the benefit of
Grantor for public utility purposes, but shall include any other
agency or authority of the City, whether acting in a governmental or
non-governmental capacity, including, but not limited to, any urban
renewal authority, or any other agency or authority, which as a part
of its program clears whole tracts of land within the municipal
corporate limits and relocates citizens for the purpose of urban
development or similar aims.
\
::: phx-name
[SECTION 8 INDEMNIFICATION OF
GRANTOR](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_8_INDEMNIFICATION_OF_GRANTOR){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
The Grantee shall indemnify, become responsible for and forever save
harmless the Grantor from any and all damages, judgments, reasonable
costs and expenses, including attorney fees, which the Grantor may
suffer or incur, or which may be legally obtained against the Grantor,
for or by reason of the negligent use, repair or occupation of any
public way within the municipal corporate limits of the City by the
Grantee pursuant to the terms of this Ordinance or resulting from the
negligent exercise by the Grantee of any of its privileges or by reason
of its carrying on its business in the City (except where such damages,
judgments, reasonable costs and expenses, including attorney fees,
result from the negligence of Grantor or its agents or contractors);
provided, however, that in the event of such claim or claims being
prosecuted against the Grantor, the Grantee shall have the right to
defend against the same, and to settle or discharge same in such manner
as it may see fit, and the Grantor shall give prompt written notice to
the Grantee of the presentation or prosecution of such claims.\
::: phx-name
[SECTION 9 GRANTEE'S RULES AND
REGULATIONS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_9_GRANTEE’S_RULES_AND_REGULATIONS){.k-link
style="margin-bottom:15px; color:#0000EE;" target="_blank"}
:::
\
::: phx-name
[SECTION 10 INSPECTION OF
RECORDS](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_10_INSPECTION_OF_RECORDS){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
Grantee shall permit Grantor or its agents to inspect, during regular
business hours, the books, papers and records kept by Grantee in the
ordinary course of business and pertaining to the natural gas business
carried on by it in the City, such as plats, maps and atlases
identifying Grantee's pipelines in the City, and the books and records
necessary to verify the franchise fee payment provided for in Section 11
hereof. Notwithstanding the obligation herein, Grantee shall have the
right to request the reasonable protection of proprietary information
and to provide redacted documents or require Grantor or its agents to
enter into such agreements pertaining to confidentiality as may
reasonably protect the proprietary information of Grantee but which do
not unreasonably frustrate the purposes of this Section. Grantor shall
promptly notify Grantee in writing of areas newly annexed into or
de-annexed from the corporate limits of Grantor, and Grantee shall
update its records for the purpose of payment of franchise fees as soon
as reasonably practicable after receiving such notice.\
::: phx-name
[SECTION 11 CONSIDERATION FOR FRANCHISE: FRANCHISE
FEE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_11_CONSIDERATION_FOR_FRANCHISE:_FRANCHISE_FEE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
1. In consideration for the rights and privileges enjoyed under this
franchise, Grantee agrees to pay Grantor as follows:
1. Grantee shall pay Grantor a franchise fee the sum of which is
equal to Three Percent (3%) of the Gross Receipts received by
Grantee, per billing period, from the transportation,
distribution, and sale of natural gas for domestic, commercial
or industrial consumption within the municipal corporate limits
of the City. All sums due from Grantee shall be in lieu of all
other franchise, license, or occupational taxes or fees, which
may be levied or attempted to be levied on Grantee by the City.
2. In the event that Grantor, pursuant to Paragraph 3.B(1) of this
ordinance, requires persons transporting gas pursuant to a
Transportation Tariff Arrangement to pay compensation to Grantor
for use of the Public Ways in connection the sale of Transport
Gas, said compensation shall be calculated as a Volumetric Rate
fee for such Transport Gas, which shall be the sum equal to the
then current Volumetric Rate multiplied by the number of Dth of
Transport Gas reported or distributed through Grantee's
facilities within the municipal corporate limits of the City by
Grantee or by any third-party to transport customers for
consumption within the City. Grantee will in that event collect
such Volumetric Rate Fees from persons transporting gas pursuant
to a Transportation Tariff Arrangement and remit the same to
Grantor.
2. In the event a customer of Grantee does not pay a monthly bill from
Grantee in full, Grantee shall prorate its payments of remissions to
the City for sums due on that particular bill so that the amount
actually paid by the customer to Grantee on the bill is distributed
to Grantee for the natural gas commodity and transportation or
distribution service and to the City for sums due on the bill in
proportion to the percentage of the total bill actually paid by the
customer. In the event Grantee actually collects any outstanding
amounts due on a past due, unpaid or partially paid monthly bill to
a customer, then Grantee shall pay Grantor its proportionate share
of sums due to the City on such bill.
3. Grantee's franchise fee based upon a percentage of gross cash
receipts or a volumetric rate shall be payable monthly on or before
the 25th day of each month, on its gross cash receipts for the
preceding calendar month.
4. All sums due from Grantee under this Section shall be in lieu of all
other franchise, license, or occupation taxes or fees, which may be
levied or attempted to be levied on Grantee by the City.
5. The City's chief administrative officer or his designee may waive
the Volumetric Rate Fee or any part thereof due from a Transport Gas
Consumer, but such waiver shall only be granted if:
1. The Transport Gas Consumer could otherwise obtain its energy
needs from another source that would not be subject to the fees
imposed in Subparagraph 2 of Subsection 11.A above and
sufficient evidence is produced by the Transport Gas Consumer so
as to substantiate such alternative source; and
2. Such alternative source, including all other fees, would be less
than the cost of utilizing Grantee to furnish and transport the
gas or transport alone, as the case may be.
6. Grantee shall update its records for the purpose of franchise fee
payments as soon as reasonably practicable after receiving such
notice.
7. In the event the accounting rendered to Grantor by Grantee is found
to be incorrect, then payment shall be made on the corrected amount,
it being agreed that Grantor may accept amount offered by Grantee,
but the acceptance thereof by Grantor shall not be deemed a
settlement of such item if the amount is in dispute or later found
to be incorrect. Grantee shall have no obligation, however, to make
payment upon Transport Gas for which Grantee has not been paid.
Grantee shall provide notice to Grantor of such delinquent accounts
within ninety (90) days and Grantor shall hold Grantee harmless from
the cost or liability for the collection of franchise fees on such
delinquent accounts.
8. Grantor agrees that the franchise fee percentage rate set forth in
Subsection 11.A, at Paragraphs (1) and (2), of this Ordinance shall
in no event exceed the percentage rate hereafter approved to
calculate any fee paid to Grantor by any other person or entity for
use of the Public Ways if such fee or volumetric rate is based in
any way on the amount of revenues or gross receipts from the
transportation, distribution, or sale of natural gas or electric
energy, excluding any municipally-owned electric utility, by such
other person or entity to ultimate Consumers within the City. If at
any time after the effective date of this Ordinance the fee or rate
required to be paid by another is less than the percentage rate set
forth in Paragraphs A(1) or (2) of Section 11, then the percentage
rate set forth in Paragraphs A(1) or (2) of Section 11 of this
Ordinance shall be reduced to equal such lesser percentage rate on
the date such lesser percentage rate becomes effective and without
any further action by the City or the qualified electors residing
therein.
\
::: phx-name
[SECTION 12 CONDITIONS OF
FRANCHISE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_12_CONDITIONS_OF_FRANCHISE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This contract, franchise, grant and privilege is granted and accepted
under and subject to all applicable laws and under and subject to all of
the orders, rules, and regulations now or hereafter adopted by
governmental bodies now or hereafter having jurisdiction.\
::: phx-name
[SECTION 13 INVALIDITY OF
ORDINANCE](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_13_INVALIDITY_OF_ORDINANCE){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
If any clause, sentence, or section of this Ordinance shall be held to
be invalid, it shall not affect the remaining portions of this
Ordinance, which shall remain valid and effective as if such invalid
provision did not exist, although the parties shall be entitled to a
judicial interpretation or construction of this Ordinance to address the
validation of such provision by minimal amendment thereof. Further,
should any governmental body now or hereafter having jurisdiction
determine that Grantee shall not be permitted to collect in whole or in
part the compensation due Grantor by others for Transport Gas as set
forth in Paragraph (2) of Subsection B of Section 3 and Paragraph (2) of
Subsection A of Section 11 of this Ordinance, Grantee shall thereafter
have no obligation to make such payment to Grantor and Paragraph (2) of
Subsection B of Section 3 and Paragraph (2) of Subsection A of Section
11 shall be of no force and effect.\
::: phx-name
[SECTION 14 ELECTION
REQUIRED](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_14_ELECTION_REQUIRED){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
:::
This Ordinance shall not become operative until it shall be approved by
a majority of the qualified electors voting thereon residing within the
municipal corporate limits of the City at an election called for that
purpose, and a special election is hereby called for the purpose of
submitting to the qualified electors residing in said City, the question
of approval or disapproval of this Ordinance, which election shall be
held on the 2nd day of March, 2021, between the hours prescribed by law.
The Mayor of the City is hereby authorized and directed to issue a
proper and lawful call and proclamation of such special election to be
held on such date as aforesaid for said purpose, and the City Council of
the City are hereby directed to give due and lawful notice of such
election and submission of said question to the electors of said City as
prescribed by law and the Ordinances of the City.\
::: phx-name
[SECTION 15 ACCEPTANCE, OPERATIVE AND EFFECTIVE DATE;
EMERGENCY](https://moore.municipalcodeonline.com/book?type=ordinances#name=SECTION_15_ACCEPTANCE,_OPERATIVE_AND_EFFECTIVE_DATE;_EMERGENCY){.k-link
style="margin-bottom:15px; color:#000;" target="_blank"}
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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.
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[STATE LAW REFERENCES
TABLE](https://moore.municipalcodeonline.com/book?type=ordinances#name=STATE_LAW_REFERENCES_TABLE){.k-link
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This table shows the location within the Charter and Code, either in the
text or notes following the text, of references to Oklahoma Statutes
(O.S.).
----------------------- ------------------------------------------------------------------- -----------------------
O.S. Title Section Section 2018 Code
2 7-401 et seq. Pt. 8, Ch. 6, Art. B
\ [[\--]{style="white-space: normal;"}]{color="#000000" 8-621
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\ 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
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